Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, NOVEMBER 20, 2002 No. 151—Part II House of Representatives The House was not in session today. Its next meeting will be held on Friday, November 22, 2002, at 11 a.m. Senate WEDNESDAY, NOVEMBER 20, 2002

END OF THE 107TH CONGRESS hotel near the Capitol in a few min- are able to grab the steering wheel of Mr. DORGAN. Mr. President, I come utes, but I did want to say at the end this country and decide which way to to offer a few remarks today about the of this session, and especially after the nudge our country, which direction to end of this legislative session. But of election of this year, something about provide America. So that is what the course, as is always the case when I what I believe is ahead of us. elections are about. have an opportunity to sit in this We have just gone through an elec- This election is described by some in Chamber and listen to my colleague, tion. That is the exercise that the late the press as dispiriting and disquieting Senator BYRD, I learn a great deal, and Claude Pepper used to describe as the to those of us on the Democratic side it is always a joy to do so. miracle in the U.S. Constitution. He of the aisle. To me, it is not dispiriting I am going to be very brief. I have to said every second year our Constitu- or disquieting. I wish the election had make a speech to a convention at a tion provides that the American people gone differently, but over two cen-

NOTICE If the 107th Congress, 2d Session, adjourns sine die on or before November 22, 2002, a final issue of the Congres- sional Record for the 107th Congress, 2d Session, will be published on Monday, December 16, 2002, 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 Friday, December 13. The final issue will be dated Monday, December 16, 2002, and will be delivered on Tuesday, December 17, 2002. 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:// clerkhouse.house.gov. 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 Congressional Printing Management Division, 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. MARK DAYTON, 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 0ct 31 2002 02:58 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 8633 E:\CR\FM\G20NO6.058 S20PT2 S11686 CONGRESSIONAL RECORD — SENATE November 20, 2002 turies we have elections that change could demonstrate it in 2 minutes. The mation about people’s lives to find out and move and in other ways affect this easiest thing in the world is to take a if there is somebody doing something democratic system of ours—this sys- flaw in our system and hold it to the untoward, that is not the way to ap- tem of democracy, I should say—and I light and say, look at this, isn’t this proach providing security for our coun- accept the election. The election de- ugly? Look at this imperfection, isn’t try, by diminishing the basic civil scribed a government by the American it ugly? Yes, it is a flaw and an imper- rights in our country. people as a government that is very di- fection and there are many in our great We face this very significant threat vided. The House of Representatives country. from Osama bin Laden, who apparently they chose is about 51 percent Repub- But that is not the norm in America. still lives. I might say, in the early lican, 49 percent Democrat. The Senate We have industries that spring up look- part of this year I was in Afghanistan, they have chosen is about 51 Repub- ing at our imperfections. We have tele- I flew from Tajikistan-Uzbekistan to lican, 49 Democrat. Of course, there is vision programs that entertain the Baghram Airbase in Afghanistan, my- a special election in Louisiana in De- American people with other people’s self, Senator DASCHLE and others. Fly- cember that may alter that. dysfunctional behavior, and they get ing over the mountains of Afghanistan, The point is the American people great ratings. But it is not the main of preparing to land at Baghram, I looked have chosen a very closely divided gov- what America is about. It is so easy to down at the hills and understood deep ernment. That is not dispiriting to me give the negative side. I am tempted in those caves were terrorists led by at all. but I will not; in 2 minutes I can recite Osama bin Laden plotting the murder We are able, those who come to this the awful things about our country. We of innocent Americans by crashing air- passion and this public calling, to look have people who are professionals planes into the World Trade Center. ahead to great challenges in our coun- doing it on radio and television and in You understand especially more than try and understand with the President politics every day: Look how awful this ever when you look on the mountains and with the cooperation of Democrats place is. that we cannot ever be oblivious to and Republicans, we have to work to- It is not awful at all. This country is what is going on in the rest of the gether to meet these challenges. The a country born of the courage and world. We do so at our peril. What hap- change in the Senate from a Demo- blood of patriots. It is a country that pens in other parts of the world is of cratic majority to a Republican major- survived the Civil War. It has overcome significant interest to us. ity is not much of a change, after all, a depression; beat back the forces of So national security is very impor- because it simply moves a couple of Hitler, Nazism. It is a country that has tant. I don’t think there is any divi- seats around. It is now 51 to 49 instead done what no other country has done. sion, any partisanship, on that issue. of 50 to 49 to 1. It has built the strongest economic en- We care about this country. We care The fact is, in order to get things gine for growth and opportunity for about its security. We care about the done to meet the challenges we face in people in the world. It has split the men and women who wear its uniform America, we must find ways to work atom, spliced genes, cloned animals, proudly in the armed services. together. The art of this democracy inventions too numerous to mention. It In addition, the issue of national se- working is through compromise. There is a country that had people build air- curity, another part of security that is are some who come here and decide to planes and learn to fly them, had peo- important is economic security for our say, here is what I believe and I will ple build rockets and go to the moon country because all we can become in not move from that point in the com- and walk on the moon. Along the way, this country relates to having the eco- pass. I will not accept anything less it cured smallpox and polio, invented nomic engine that provides people op- than that which I believe today, on the telephone, the television, the com- portunities so people can work, have Wednesday. puter. jobs that pay well, with security, to That is not the way to get things It is a strong country with a resilient build the good schools, send your kids done. We will be best served as we meet people, people who live in communities to good schools, and provide health significant challenges ahead if we, the and help each other, who care about care for grandma and grandpa and do President and all in the Senate, under- their kids, care about their future. the things that make this a great place stand we serve the same master; that Gregg Easterbrook wrote ‘‘America the in which to live. That economic secu- is, the American people. And we want OK.’’ I like the title—and the book. I rity and all of the attendant issues for this country the same thing: To do like the title because it describes a dif- dealing with this economy are also well, to grow, to prosper, to be safe, to ferent attitude about America, very important. be secure. ‘‘America the OK.’’ That book came I am proud to be part of a caucus in Much of the agenda we work on, espe- out some while ago but came out at a the Senate that says, here are the cially on the Democratic side of the time when, as is usually the case, there things we think we need to do to aisle, is an agenda that is almost time- were so many voices talking how awful strengthen our country and provide op- less, the things people sit at the supper things were in America. portunity to people in this country. table in the evening and talk about, as There is not a better place on Earth Not handouts, opportunities. they have supper together as a family. to live. We are lucky to be Americans. There are times when people are These are the things we have worked We are lucky to be alive now. down and out and have a tougher time on for decades. Questions that a family When I mention the challenges with it, when it is important for a asks: Do I have a good job? Does dad or ahead, first and foremost is a national country to say, let us help you up. But mom have a good job? Does it pay well? security challenge. That is an awesome the most important element of what Does it offer job security? Do grandpa challenge. There is no question that we are about is to provide opportunity. and grandma have access to decent the September 11 tragedy that befell There is no social program in America health care now they have reached our country and killed so many inno- as important as a good job that pays their declining income years? Are we cent American citizens reminds all this well. That is what represents the basis sending our children to schools we are is a big, troubled world in many re- for providing for a family and pro- proud of? Are our children entering a spects and national security is very im- viding opportunity in the future. schoolroom door that is the best we portant, as is homeland security. We This is a big old world, with 6 billion can make it? Do we live in a safe neigh- must find ways to work together in a people; about half of them have never borhood, free from crime? Is our coun- big, free, and open country, to provide made a telephone call; 2.5 billion live try safe? Is the security of America some assurance of security for the on less than $2 a day; 150 million chil- safe? These are issues the families care American people. We must do that dren are not in school. about and are issues we work on in the without diminishing the basic civil lib- It is a big, difficult, challenged world Congress and the Senate. erties that exist in our Constitution for in many ways, and we are enormously There are some who come to public the American people. blessed to live here, right here, in this service with a very critical message of This discussion about a national great democracy. We come from dif- our country; it is the easiest thing in identification card, about a database in ferent parts of our country, different the world. It takes no talent at all. I which they will data mine all the infor- backgrounds, different philosophies, to

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.058 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11687 arrive here amidst 100 seats in the Sen- ator spoke, the Senator from North Da- fully grateful, for being an American; ate. None of us owns a seat here. We kota. I will not detain him. I know he grateful for this land of ours; grateful, are here as a matter of privilege—privi- has to be somewhere, but he spoke privileged to be an American—privileged to represent those who sent us about privilege, that we ought to be leged. here from our home States. thankful; that this is a privilege. He re- Let me now refer to the Mayflower When we come to this Senate and in ferred to a privilege. I want to tee off Compact. The Mayflower Compact, public policy engage in debate, there that word, ‘‘privilege.’’ adopted on November 11—ha. What is are some who look at that debate and Also, I must say before the Senator that day in our time? The old Armi- say: Look, isn’t that awful. Debate has leaves that I still have not come up stice Day, the day on which my moth- broke out in the Senate. with the right word when I am think- er, my angel mother was buried. She I remember one day reading the ing about that Greek—it was not died of the influenza the night before Washington Post and one of the critics Aristides, it was not Alcibiades, but I Armistice Day. some number of years ago said—talk- will come up with it. But it was an- My mother—and may I say to my ing about some very aggressive debate other word. It will come to me. I am brother, who is 90 years old and living in public policy here in the Senate: still worrying about it. in Wilkes County, NC, today, I would This has just degenerated into a dispute But on this word ‘‘privilege,’’ let us almost imagine that he is listening to about principle. think, if I may suggest for a little the Senate—‘‘debate.’’ He is listening I thought to myself: Well, I hope so. while, about what a privilege it is— to us on the Senate floor today. That’s That’s why I came here—about prin- what a privilege it is to be an Amer- my brother. I don’t know that he is, ciple. ican, a person born in this country of but I would wager he is. He is 90 years Debate is what best serves the Amer- whatever background, or a person who old. He listens to the Senate debates. ican people. The old saying: When ev- has emigrated to this country and been May I say, if he is listening: Our eryone in the room is thinking the accepted as an American citizen—what mother died on November 11, the night same thing, no one is thinking very a privilege that is. preceding. I don’t know whether it was much—that is a very important thing I am not thinking about Afro-Ameri- before midnight or after on that night. for us to remember here in the Senate. cans or Italian-Americans or Greek- Just as I don’t remember whether Cae- We will best serve the cause of our Americans or Anglo-Saxon Americans sar crossed the Rubicon before mid- country’s future and best serve the or anything—we have too much of night or after midnight on January 11, American people by continuing to be these hyphenations. I am not much on in the year 49 B.C. I don’t remember aggressive about that which we believe hyphenations. I don’t go around talk- that. But in any event, isn’t it inter- for the future of this country; by standing about my being an Anglo-Saxon esting that the Mayflower Compact ing here, offering ideas that represent American—but I am proud of it. I know was drawn up on November 11, 1620, and the approaches we believe will advance other individuals in this country are Governor Bradford makes this ref- America’s interests. proud of their heritage, and they erence to the circumstances under The next session of Congress, both should be. They should be proud that which the Compact was drawn up and because of national security and also their ancestors came from Africa or signed—this is William Bradford. He economic security issues, will be a very their ancestors came from England or difficult Congress. There is no question said this: their ancestors came from Germany or about that. But it will not be made This day, before we came to harbour, ob- their ancestors came from Ireland or more difficult by me wanting to see the serving some not well affected to unity and from Poland or the Middle East or concord, but gave some appearance of fac- other side lose. I want America to win. wherever. They ought to be proud of tion, it was thought good there should be an And this country wins when we best that. But I don’t go around saying I am association and agreement, that we should serve this country’s interests by not an Anglo-Saxon-American. I am proud combine together in one body, and to submit wishing others to lose, but offering the to such government and governors as we of being a descendant of an Englishman best ideas we have and hoping that should by common consent agree to make who came to this country in 1657—but they will engage us in a way that se- and choose, and set our hands to this that lects the best of all the ideas offered in I am an American, that’s the thing—of follows, word for word. the Senate to advance this country’s whatever lineage it may be. In The Name of God, Amen, It may be from the subcontinent of In The Name of God, Amen. We, whose interests. Asia. It may be a Persian. It may be an names are underwritten, the Loyal Subjects My fervent hope is that the next cou- of our dread Sovereign Lord King James, by ple of years will be years of accom- Iranian. It may be an Iraqi. Or it may be an Indian from India, where they the Grace of God, of Great Britain, France, plishment in which all of us together and Ireland, King, Defender of the faith . . . can think we have done a good job in a have that beautiful Taj Mahal, at Agra. Having undertaken for the Glory of God. troubled time for this country; in the But I am an American. What a privilege that is. Do you remember what Are you listening? face of threats—terrorist threats, na- Having undertaken for the Glory of God. tional security threats—we have still Paul said? Paul, who was earlier Saul, Do I hear that a judge in this land advanced the interests of this country, but he persecuted the Christians and he even while keeping this country safe; came to be named Paul, the great has said to take that monument to the advanced the interests of people who Apostle. He and Silas—I believe it was Ten Commandments out of your State- work for a living and want education, Silas—they were arrested and they house? Read it. It is in today’s papers— good schools, they want health care. were beaten. But when the Roman cen- or yesterday’s—where a judge who They want the things that make this a turion or the Roman officer heard that wears his robes of justice, said remove good life, as well, here at home. If we Paul was a Roman, he sent word: it. do that, at the end of 2 years I think we Don’t—don’t strike that man anymore. He should visit my office and see the will have accomplished something very He is a Roman. words of the Ten Commandants all significant for this great country of Being a Roman was something, in over the walls there in that public ours. those days of Biblical history. It meant place—the Ten Commandants. I thank the Senator from West Vir- something very special, being a How could we come to a place like ginia for his indulgence as well. I saw Roman. Don’t strike him. Don’t flog this in America, this wonderful land of by his papers he is intending, perhaps, him anymore, he is a Roman, a Roman ours, this land in which it is a privilege to visit with us today a bit about citizen. to be born, or to become a citizen, to Thanksgiving, and what a perfect, ap- The distinguished Senator from live, to serve, to die in this land of propriate subject, the week prior to North Dakota who just addressed the ours, where we can be privileged, how Thanksgiving. Senate has a deep appreciation for the could that judge—how could any I will yield the floor. privilege of being an American. And, on judge—say: Remove those words, the The PRESIDING OFFICER. The Sen- this day when we are about to adjourn Ten Commandants? Was that the kind ator from West Virginia. the Senate, and in thinking of a day of judge, was that the kind of interpre- Mr. BYRD. Mr. President, I want to that is coming soon, Thanksgiving tation of the Constitution—I wonder if just take off on a word that the Sen- Day, we should be grateful and prayer- Governor Bradford had that in mind. I

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.061 S20PT2 S11688 CONGRESSIONAL RECORD — SENATE November 20, 2002 wonder what he was thinking about Today, on Thanksgiving, let us be thankful. The change in party control when he referred to God. thankful to the same God referenced in is but a small shift in the wind com- Let us hear it again. This is what the this Mayflower Compact. Let us be pared to the gale forces that have Mayflower Compact said: thankful we are Americans, that we blown in the past. It does not compare In The Name of God, Amen. We, whose live in America, that we live in the to war, to acts of terror, the upheavals names are underwritten, the Loyal Subjects land of the free and the home of the in the strategic balance of power. I will of our dread Sovereign Lord King James. brave, that we live in this land which live through that again, if I live, if the King James was King of England has been so wonderfully blessed by the Good Lord so blesses me. from the year 1603 until the year 1624, God of Hosts, the Creator. Let us be Today, as the Senate attempts to I believe. thankful to Him. conclude its work for this session, one By the way, that Bible, the King Great God, our king. can almost smell the turkey roasting. James Version, was authorized at And the names that followed were: Tomorrow, if the Good Lord willing— Hampton Court in 1604, and it was first Mr. John Carver, Mr. William Bradford, in the Book of James it says: Don’t say published in 1611—the King James Mr. Edward Winslow, Mr. William you will go here or there tomorrow, Version of the Holy Bible. Brewster, Isaac Allerton, Myles Stand- and you will buy this and that, or you Let me say it again. This is what the ish, John Alden, John Turner, Francis will visit this city or that tomorrow; Mayflower Compact said. This is not Eaton, James Chilton, John Craxton, but say: If the Lord wills. what some misguided judge may have John Billington, Joses Fletcher, John The Book of James. said about the Ten Commandments. Goodman, Mr. Samuel Fuller, Mr. So tomorrow, if the Lord wills, my This is not some misguided judge who Christopher Martin, Mr. William wife and I hope to visit the Giant store has misinterpreted the Constitution, in Mullins, Mr. William White, Mr. Rich- over in McLean. And I can see the lines my judgment. But who am I? But I am ard Warren, John Howland, Mr. Steven in the grocery stores. They are long. And the carts are full, as families pre- a citizen—not a Roman citizen. I am an Hopkins, Digery Priest, Thomas Wil- pare for the feast, for the feast to come American, ‘‘privileged,’’ in the words of liams, Gilbert Winslow, Edmund next week: Plump turkeys, deep red Senator DORGAN, to serve in this land, Margesson, Peter Brown, Richard to work in this land, and to live in this cranberries—my wife is the best when Britteridge, George Soule, Edward land. it comes to fixing that cherry pie and Tilly, John Tilly, Francis Cooke, Here is what the Mayflower Compact the cranberry dressing, and all these Thomas Rogers, Thomas Tinker, John said. things—rich pumpkin pie filling, sweet Ridgdale, Edward Fuller, Richard Hear me. Hear me now. This is the whipped cream, crisp green beans, flour Clark, Richard Gardiner, Mr. JOHN Mayflower Compact. and spices for baking—all are fond re- Allerton, Thomas English, Edward In The Name of God. minders of the season of Thanksgiving. Doten, Edward Liester. I am going to go out to meet Him This year, travel is expected to re- There you have it, the Mayflower soon. Abraham lived to be 170. Isaac bound, after the scares of last year, as Compact and all the names of the sig- was 180. Jacob lived to be 147. Joseph families reconnect more strongly. The natories. Thanksgiving feast, the epitome of lived to be 110. STROM THURMOND is Then there was Thanksgiving Day, family tradition, is back, more pre- going to be 100 in just a few days. I am an annual national holiday in the 85 today. But we can’t be here always. cious, more appreciated than ever. United States, celebrating the harvest I am going out to meet God. The Nation, too, feels stronger. Our and other blessings of the past year. It Here is what the Mayflower Compact economy may be weaker, but we are said. It was drawn up by those rugged, originated in the autumn of 1621 when more aware of ourselves as a nation of brave people on that ship as they pre- Plymouth Gov. William Bradford in- Americans, as citizens of one land, pared to get off that ship and step on vited neighboring Indians to join the rather than an eclectic mix of commu- the stormy shores—the rockbound Pilgrims for a 3-day festival of recre- nities with little connection to each coast of Massachusetts. ation and feasting in gratitude for the other. bounty of the season. By the end of the In the name of God— As a nation, we feared the sniper who 19th century, Thanksgiving Day had Let us listen today as we prepare for stalked the National Capital Area just become an institution throughout New Thanksgiving in this Year of our Lord, a few weeks ago. As a nation, we pulled England and was officially proclaimed 2002. for those coal miners. as a national holiday by President I know the Presiding Officer of the In The Name of God, Amen. We, whose Abraham Lincoln in 1863. The tradi- names are underwritten, the Loyal Subjects Senate today, the distinguished Sen- of our dread Sovereign Lord, King James, by tional feast of turkey and pumpkin pie ator from Illinois, Mr. DURBIN, whose the Grace of God, of Great Britain, France, has since become an indigenous part of ancestry goes back to the great coun- and Ireland, King, Defender of the Faith, [et the national culture. Traditionally try of Poland, does not go around say- cetera] Having undertaken for the Glory of celebrated on the last Thursday in No- ing: I am a Polish American. He says: God, and Advancement of the Christian vember, it was changed by act of Con- I am an American. He is proud of his Faith, in the Honor of our King and Country, gress in 1941 to the fourth Thursday of ancestry. I have talked with him about a Voyage to plant the first colony in the that month. Canada first adopted it. But he does not remind me every northern Parts of Virginia; Do by these Pre- sents, solemnly and mutually in the Pres- Thanksgiving as a national holiday in day that he is a Polish American. He is ence of God and one another . . . November 1879, and it is now celebrated an American, just, as I said a little ear- I think it means and of one another— annually on the second Monday in Oc- lier, I am an Anglo Saxon American. tober. . . . covenant and combine ourselves to- But I do not go around talking about gether into a civil Body Politick, for our bet- That has reference to Thanksgiving it. These hyphenated Americans, I am ter Ordering and Preservation, and Further- Day, again, referring to Plymouth Gov. not too high on using the hyphen in ance of the Ends aforesaid; And by Virtue William Bradford who, in the autumn that respect. We are all Americans. hereof do enact, constitute, and frame, such of 1621, invited the neighboring Indians In any event, as a nation, we feared just and equal Laws, Ordinances, Acts, Con- to join the Pilgrims for a 3-day festival that sniper. And as a nation, then, we stitutions, and Offices, from time to time, as of recreation and feasting in gratitude pulled for those miners. And the Sen- shall be thought most meet and convenient for the bounteous season. ator from Illinois knows about the coal for the general Good of the Colony; unto So on Thanksgiving Day let us re- miners of that State, as I know about which we promise all due Submission and member those colonial forbears of ours, Obedience. In WITNESS whereof we have the coal miners of West Virginia. hereunto subscribed our names at Cape Cod let us remember Plymouth Gov. Wil- As a nation, we pulled for the miners this eleventh day of November, in the year of liam Bradford, who recognized that day who were trapped underground in the Reign of our Sovereign Lord King James of thanksgiving and whose name I ref- Pennsylvania. As a nation, we followed of England, France, and Ireland, the eight- erenced earlier in regard to the the hunt for terrorists. We mourned for eenth and of Scotland, the fifty-fourth. Anno Mayflower Compact. the victims of terrorist acts committed Domini, 1620. (Mr. DURBIN assumed the Chair.) around the world. There it is. That is the Mayflower Mr. BYRD. So, Mr. President, I want We now know the feeling of wearing Compact. to spend a few minutes just being a target on our backs by virtue of the

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.078 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11689 passport we carry. It is a new feeling Their diligence at this task may make As we work together, polishing the for many Americans; not exactly a the difference for all of us in the fu- silver, setting the table, and preparing pleasant one, but if it is a burden of ture. They, too, will have my prayers and serving the delicious food and talk- our citizenship, we wear it with pride. this Thanksgiving. ing to the little ones, the little grand- The flags that have flown in yards Those of us in the Senate family children, and to little puppies, like nationwide since September 11, 2001, should remember in our prayers the Trouble over at my house and Danny are still flying in our minds and in our men and women who gave their lives over at my daughter’s home, and wash- memories, in our hearts. on September 11, who gave their lives ing the dishes, we share in life’s great- Our military, with the National for us. There was a fourth plane, and est gift—our families. Guard and Reserve forces, is more uni- some noble men and women on that I would like to close with a poem. I fied this Thanksgiving. All are under fourth plane decided among themselves am still looking for that Greek name. the strain of extended callups and de- that they were going to die, but they It has slipped my mind. ployments but all are working to- decided that that plane, while it would The poem is ‘‘Home, Sweet Home″: gether. They are not weekend warriors, carry them to their death, that plane ’Mid pleasures and palaces though we may they are not sunshine patriots versus would never complete its mission. Its roam, Be it ever so humble, there’s no place like regulars, but they are full-time profes- mission, we understand, was this Cap- home; sionals, operating under the shadow of itol. A charm from the sky seem to hallow us war, pushing hard to extend security So we Members of this body, the there, across the globe. I am thankful for members of the Senate family, the Which, seek through the world, is ne’er met their effort. pages, the security people here, the elsewhere, I am reminded of the words of Thom- Chaplain and his staff, our staffs, may Home, home, sweet, sweet home! as Paine, who wrote, on December 23, all give thanks on that day for those There’s no place like home, oh, there’s no 1776: brave men and women who knew they place like home! These are the times that try men’s souls. were going to die, who took phones and An exile from home, splendor dazzles in vain; The summer soldier and the sunshine patriot called their loved ones and said, for the Oh, give me my lowly thatched cottage will, in this crisis, shrink from the service of last time: I love you. But they con- again! his country; but he that stands in NOW, de- The birds singing gaily, that came at my cluded among themselves: We will die call— serves the love and thanks of man and that others won’t die. If one could woman. Give me them—and the peace of mind, dearer write the chapter, if one could have than all! Now, Mr. President, as I share my been there, they gave their lives and Home, home, sweet, sweet home! turkey and dressing with my dear brought forth their sacrifices. Who There’s no place like home, oh, there’s no Erma and with my daughters and sons knows? Who knows? Those eagles up place like home! in law, grandchildren and great grand- there that from time to time must I gaze on the moon as I tread the drear wild, children, I will offer a prayer to each of scream would not be there today. And feel that my mother now thinks of her the Nation’s men and women in uni- That plane, that fourth plane, went child, form and their families. As we dine, down in Pennsylvania, the State in As she looks on that moon from our own cot- they are flying, they are steaming, which that Philadelphia Convention tage door driving, and standing guard over our Thro’ the woodbine, whose fragrance shall was held, out of which came the Con- cheer me no more. Nation’s liberty. They are on the front stitution and this great constitutional There’s no place like home, oh, there’s no lines of the war against terrorism. system that we know about. place like home! Their families are gathering around So it is a daunting task when we How sweet ‘tis to sit ‘neath a fond father’s tables that are not as full as they think about the settlers who thanked smile, should be. Some of the chairs will be Providence for seeing them through a And the caress of a mother to soothe and be- vacant. The circle of smiling faces will difficult first year. It is a daunting guile! be incomplete. task to carve a homestead out of the Let others delight ’mid new pleasure to This year especially we ought to re- wilderness thousands of miles from roam, member and be thankful to them and anything familiar. One could not drive But give me, oh, give me, the pleasures of to God for their effort. We should re- home. to the hardware store to purchase lum- Home, home, sweet, sweet home! member and give thanks for the efforts ber and nails and shingles and There’s no place like home, oh, there’s no of our Nation’s veterans. They and windowpanes. You could not plug in or place like home! their families have also sacrificed for charge up labor-saving tools such as To thee I’ll return, overburdened with care; our Nation. Their families have sac- power saws and nail guns. No, each log The heart’s dearest solace will smile on me rificed. Their wives have sacrificed. had to be cut with an axe, dragged to there; Their children have sacrificed. Their the site and lifted by hand—not by an No more from that cottage again will I roam; parents have sacrificed. Their brothers, electric crane—and placed. Be it ever so humble, there’s no place like their sisters, their kinsmen have sac- Each shingle for the roof had to be home. rificed. planed for more wood; each stone for Home, home, sweet, sweet home! In this year even more than ever, we the foundation and the chimney had to There’s no place like home, oh, there’s no place like home! will remember the firemen, the police- be dug up and hauled to the site. And God bless our homes, and God bless men, the lifesaving crews who have while the home building was going on, the sweet land of liberty, America. performed so heroically during the cri- the fields had to be cleared. The fields I yield the floor. ses of the past year and more. As ter- had to be planted; the fields had to be The PRESIDING OFFICER. The Sen- rorism struck our homeland, as an- tended. Game had to be hunted and ator from Florida is recognized. thrax filled our Federal buildings, as a cured, or there would be no food for Mr. NELSON of Florida. Mr. Presi- sniper took aim at innocent people winter, let alone for a Thanksgiving dent, God bless America, and God bless going about their everyday business, feast. Senator BYRD and what he has meant these first responders rose to the chal- So in this year of our Lord 2002, we to this institution, and for serving in lenge. People are alive today because gather in warm houses with our loved this institution, the Congress of the of their efforts. ones, each house a glowing lamp of civ- United States, for over a half century. In addition to their everyday duties, ilization in an increasingly hostile We have had the privilege of again the local and State police, the fire de- world. It is a different kind of wilder- having one of the great insights into partments, the public health depart- ness that surrounds us now, a forest of American history as seen through the ments, the hospitals, the ambulance threats from unfamiliar places with prism of Senator BYRD’s observation crews, all are planning how they might unfamiliar names that press in from all after a half century of American poli- best respond to a major terrorist at- sides. But for a day we can easily push tics and American history. tack, whether it comes in the form of our nagging fears aside and find com- When I was a Member of the other conventional explosives or chemical, fort in the warm bonds of family affec- body, the House of Representatives, biological, or even nuclear weapons. tion. one of the great delights I had was to

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.082 S20PT2 S11690 CONGRESSIONAL RECORD — SENATE November 20, 2002 sit at the knee of Congressman Claude in high school used to talk about that budget request for NASA. The budget Pepper, a former Senator. He was a flivver—there were not many flivvers amendment, which also retools NASA’s walking political history book. And in that day. A few automobiles were 5-year budget plan, amounts to a wa- along with that delightful personality, owned by high-ranking officials in the tershed point for NASA. you could learn so much just listening. coal mining community, and they In this budget amendment, the ad- Of course, he was always a great de- spoke of that automobile coming down ministration has requested a signifi- light. The Senator who presides and I Sofia Mountain at the speed of a mile cant change in its 2003 NASA prior- both had the pleasure of being with a minute. Here is this man who has ities. Instead of funding a program to Claude Pepper. So often I would hear come to us and has flown at the tre- replace the space shuttle, this amend- when he would take what he would call mendous speed of 18,000 miles an hour. ment seeks to scale back funding for his ‘‘boys’’—those members of the He has also brought with him a deep the space launch initiative to a more Rules Committee—on a trip and those respect of the Constitution of the coun- realistic development time line. younger Members of Congress—young- try, a deep respect for this institution. This budget amendment, in my opin- er by one-half and sometimes two- I thank God, as we near Thanks- ion, signals a revamping of NASA’s in- thirds the age of the venerable Claude giving Day, for pioneers like this man, tegrated space transportation plan. Pepper—could not keep up with the en- Senator NELSON of Florida. He is a pio- The new plan incorporates the space ergetic pace he kept on those congres- neer in space. We have thankfulness to shuttle, a new orbital space plane, and sional delegation trips. him and other men like him, such as technology for future reusable launch And so, likewise, it has been such a the Presiding Officer who comes from vehicles into one comprehensive plan privilege for me that I have now had Illinois; they both came over from the to provide for the advancement of the opportunity to come here to the other body. So many of us came from human space flight. It is about time we Senate and sometimes to sit at the the other body, and so many of us, I am had such a plan, and I applaud the ad- knee and learn from the senior Senator sorry to say—especially those who ministration’s efforts to move in this from West Virginia. have come lately—seem to think this direction. For what you have given to all of body should be another House of Rep- The new plan includes an increased us—the particular interests and affec- resentatives. I should not get started shuttle launch rate to better meet the tion you have shown to the new Mem- on that. research needs of the space station. bers of the Senate in the 107th Con- But I thank the distinguished Sen- Under this new budget plan, both the gress—we are all so very appreciative ator, my dear friend, for his kind ref- shuttle and the station programs will to you. erences to me and the context in which be funded on a much more sustainable Again, thank you for your words he made those references. I hope I can and long-term level, while also seeking today in commemorating this time of live up to his faith and his accomplish- to develop a new orbital space plane. Thanksgiving that so many of us in our ments. I thank him for the Senator he This new spacecraft would be used to own way will say a little prayer of is and the American that he is as we provide astronauts regular access to gratefulness for this blessed land of near Thanksgiving Day in a land for the international space station without which we have the privilege of being which we have so much to be grateful. always needing to rely on the aging Mr. NELSON of Florida. Mr. Presi- citizens. space shuttle fleet. dent, I thank the Senator for his kind Mr. President, I rise today to again The new budget plan provides for a words. Whenever he is so gracious to give another one of my speeches about much-needed infusion of cash to start me, as he just has been, I think myself my favorite little agency, the National to provide for space shuttle safety up- undeserving of those kind words. Aeronautics and Space Administration. I look around this Chamber and see grades and infrastructure repairs and Mr. BYRD. Mr. President, before the the places that people who have really modernization. These repairs and im- distinguished Senator proceeds, if he shown courage and devotion to duty provements will help us fly the shuttle would allow me to interrupt him for a and to country sit, a place like over much more safely through the middle comment. of the next decade and possibly even there, Senator INOUYE, a winner of the Mr. NELSON of Florida. I yield to Congressional Medal of Honor; a place longer. the Senator for that purpose. This funding is a welcome reprieve like over there, Senator MCCAIN, a Mr. BYRD. Mr. President, I thank prisoner of war who withstood those for the neglected and decaying human the distinguished Senator for his kind horrors for over 6 years; a place like space flight infrastructure that is lit- words of praise. But let me say some erally falling apart at NASA centers over there for Senator CHUCK HAGEL, a good words about him. That is why I distinguished veteran of Vietnam; a around the country. have sought to interrupt him. The Sen- place like over here, the seat of Sen- The new budget plan also responds to ator has come to the Senate and brings the concerns of a new study. This ator JOHN KERRY, the holder of the Sil- with him a marvelous background of ver Star from Vietnam; or that seat study, called the ReMAP study, con- knowledge—knowledge of space, space right there, the occupant of which will cluded that the space station in its cur- flight, and our explorations into space. be leaving us at the end of this Con- rently planned form would not be able He is not by any means as long in his gress, a triple amputee from Vietnam, to conduct even a minimum level of experience in this great country as I Senator MAX CLELAND, who has over- science research to call it a science am. I can remember when Lindbergh come so much and yet who has the program. flew across the ocean in 1927, I believe greatest attitude of any Senator in this NASA’s 2003 budget amendment on May 9. When he launched that flight body. These are the heroes, and there seeks to fix some of these concerns by in the Spirit of St. Louis, the New are many more, both men and women, providing additional funding to in- York Times had a headline, if I remem- in daily acts of courage. I feel very crease the research capabilities on- ber, that said Lindbergh flew across privileged to be a part. board the space station. I welcome this New York City—or perhaps it was Nova decision. I have been into the mockup f Scotia—at the ‘‘tremendous’’ speed of of the space station at the Johnson 100 miles an hour. That man, when he NASA’S FISCAL YEAR 2003 BUDGET Space Center, and the capability for flew across the ocean—sometimes 10 AMENDMENT AND A NON- science, for research, is there if we can feet above the water, sometimes prob- PARTISAN NASA have the crew members who can be ably 10,000 feet above the water—he Mr. NELSON of Florida. Mr. Presi- dedicated to the research while in had a payload of about 5,500 pounds; he dent, I have been making a series of orbit. had about five sandwiches, and he ate a speeches about NASA, and I rise again With this budget amendment, I am half of one on his way across the water. today to speak about this little agency. pleased with the administration’s re- That was a lonely man. It is a favorite agency of mine, the Na- structuring of NASA’s budgetary prior- But now this man from Florida, who tional Aeronautics and Space Adminis- ities for fiscal year 2003, and I con- graces this Chamber, flew in space at tration. gratulate administrator Sean O’Keefe. the tremendous speed, I would imagine, Last week, the White House sub- In this budget amendment, the admin- of about 18,000 miles an hour. So as we mitted a budget amendment to its 2003 istration, with Administrator O’Keefe,

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.084 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11691 and his deputy administrator Fred employees have brought to my atten- think shows his good leadership, but it Gregory, have provided more funding tion at least two incidents of partisan is a speech also with a heavy heart for the shuttle program, including an political activity on the part of the that since he would not take my ad- increased flight rate and more funds agency’s head, who may have been act- vice, or that of many others privately, dedicated to safety and supportability ing at the direction of the White House it needs to be stated publicly that upgrades, as well as improvements to itself. there is a great and long-standing tra- the ground-based infrastructure. In October, NASA’s Administrator dition that NASA Administrators stay These areas are in dire need of addi- made a decision that could stand to out of partisan politics. tional financial support. The space challenge this agency’s traditional bi- I ask unanimous consent that sup- shuttle simply cannot continue to fly partisan and nonpolitical status. Ad- porting documentation be printed in safely if NASA does not dedicate addi- ministrator Sean O’Keefe flew to Ala- the RECORD. tional resources to the orbital fleet. bama to campaign for a candidate for There being no objection, the mate- The one missing piece from this plan Governor, and then he publicly an- rial was ordered to be printed in the is the formal cooperation with the de- nounced his plans to travel to Florida RECORD, as follows: partments dealing with the Nation’s to hold a space townhall meeting for a [From Florida Today, Oct. 23, 2002] defense. NASA’s new plans to upgrade nonincumbent congressional candidate. NASA HEAD STUMPS FOR GOP CANDIDATES the Evolved Expendable Launch Vehi- He also participated in a fundraiser in (By John Kelly and Kelly Young) cle—everything has an acronym at Alabama. NASA—or the EELV—to meet the Sean O’Keefe is taking time off from his Now, in this last announced trip, day job, as administrator of NASA, to cam- human-rated requirements may also were it not for a mechanical problem paign for Republican political candidates in yield great efficiencies and reliabilities that delayed his flight beyond the can- two states with high-profile NASA centers. for defense launch needs. An orbital didate’s reasonable timeframe, Admin- O’Keefe took time off Monday and went to space plan could also meet some of our istrator O’Keefe would have been on Huntsville, Ala., to endorse the Republicans’ defense needs, and the Air Force has the ground in Florida conducting polit- candidate for governor at a space museum also had on the books for many years ical campaign events. near Marshall Space Flight Center. Monday, he will be at the Cocoa Beach Hilton with plans to develop such a vehicle. I am troubled about the implications The defense establishment should be Tom Feeney, the GOP nominee in the 24th of this public decision. At present, I Congressional District that includes Ken- part of this effort. DOD, NASA, and have the good fortune of cooperating other agencies need to pool their re- nedy Space Center. on space policy issues with dozens of NASA is not paying for the trips and sources to develop these high-risk, ex- my colleagues in both parties. Senators O’Keefe is not doing official business, agency pensive technology programs. NASA who share my love and enthusiasm for spokesman Glenn Mahone said. He is not fly- cannot be expected to do this alone. space exploration include Senators ing on NASA planes or taking government Our country will be better served by aides along. O’Keefe and the candidates are TRENT LOTT, DON NICKLES, ORRIN jointly developing the technology paying any costs, Mahone and the GOP cam- HATCH, KAY BAILEY HUTCHISON, CONRAD needed for exploration and use of space. paigns’ officials said. BURNS, GEORGE ALLEN, RICHARD SHEL- I congratulate the agency and its High-ranking presidential appointees often BY, BARBARA MIKULSKI, JOHN BREAUX, leadership on what I think is a budg- hit the campaign trail for party candidates. MARY LANDRIEU, and BOB GRAHAM. A search of news archives and interviews etary watershed point and one that is a When it comes to supporting our fa- with longtime NASA watchers yielded no ex- shift in the right direction, and I en- vorite little agency, we agree whole- amples of former administrator Daniel courage the defense-related agencies to heartedly and together happily roll up Goldin politicking so openly or endorsing start cooperating with NASA to de- our sleeves and work on furthering the specific candidates. If Goldin ever did make velop these new technologies. such an appearance, ‘‘I’m reasonably sure he Mr. President, there is another area Nation’s space-faring capabilities, de- would have been the first,’’ said Howard in which I have concern and I want to spite what other issues might separate McCurdy, an American University public af- express it. NASA has a proud history of us, or despite the partisanship in which fairs professor. staying outside the partisan nature of we sometimes engage in this body. McCurdy, who has written books about our political arena. As one of the larg- In the other Chamber, NASA’s sup- NASA, said the practice is becoming more common. Goldin could not be reached for est independent agencies, NASA has a porters come from both sides of the aisle. Representatives TOM DELAY, comment. unique role in the structure of our ex- ‘‘It’s certainly expanding in the federal DANA ROHRABACHER, KEN CALVERT, ecutive branch. Its leader does not as- government as a whole,’’ McCurdy said. ‘‘It’s sume a Cabinet-level position, and yet DAVE WELDON, NICK LAMPSON, RALPH not unusual to see the head of the parks its policies and practices have a signifi- HALL, BART GORDON, and BUD CRAMER services doing the same thing.’’ cant impact on the strength and future are but a few who have repeatedly gone There are no rules against it as long as of our Nation’s science and technology out on a limb for NASA. government resources are not used and programs and sector. By announcing his plans to partici- O’Keefe carefully distinguishes his appear- No other independent agency has as pate, being perceived as acting in his ances as personal rather than official. ‘‘As long as he’s not trying to say four out much influence on our country’s inno- official capacity as the head of NASA, Administrator O’Keefe diminished the of five astronauts agree, and I assume he’s vation capabilities in science and tech- not, then he’s OK,’’ said John Pike, a defense nology, outside of the medical field. spirit of bipartisanship. Well, thank and space policy analyst with Virginia-based Yet unlike the Departments of Com- goodness for an airline mechanical globalsecurity.org. ‘‘Now if I was a partisan merce or the Department of Education, problem on that last occasion. Democrat with an interest in these races, I NASA does not usually get brought So I rise to make a public request of wouldn’t have to work very hard to come up into partisan battles or political strug- our Administrator, which follows the with a cheap shot.’’ gles of Congress. Rather, NASA’s non- private request I made of him prior to Mahone said everyone knows O’Keefe is a partisan approach is more akin to the his scheduled trips, and that was a pri- Republican, and he has rights as an indi- vate one before the fact. My request vidual to support candidates like anyone nonpartisan style of the Department of else. State and the Department of Defense. now publicly is do not ruin the spirit of ‘‘He did not endorse them as the NASA ad- There are clearly occasionally dis- bipartisanship and bipartisan coopera- ministrator, but as Sean O’Keefe, a Repub- agreements within these Halls about tion that NASA and its supporters lican and a member of the administration,’’ the future of this little agency, but enjoy. Mahone said. ‘‘He is Sean Q. Citizen. never have the differences come down When it comes to political cam- Apparently, that’s not how U.S. Rep. Bob to simply a question of to which party paigns, just stay out of them alto- Riley saw it. His campaign material clearly a Member belongs. gether and keep the long-standing tra- identified ‘‘NASA Administrator Sean The Nation’s space program is not a dition that NASA Administrators stay O’Keefe’’ among the people who’ve endorsed him. partisan program. It is an American out of partisan politics. ‘‘Bob Riley is an enlightened leader who program, and that is the way the Sen- This is a speech in which for the first understands the critical nature of research ators of this body treat it. two-thirds I praised the Administrator investment, and Alabama’s economy will In recent weeks, constituents, news- of NASA for the change in direction prosper under Bob Riley’s leadership,’’ paper columns, editorials, and NASA that I think is a good change, and I O’Keefe said at the event, according to a

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.086 S20PT2 S11692 CONGRESSIONAL RECORD — SENATE November 20, 2002 campaign news release. ‘‘Bob Riley is the Orange and Seminole counties. It also en- Brevard-based seat now held by U.S. Rep. right man with the right plan for Alabama.’’ compasses much of northern Brevard Coun- Dave Weldon, R-Palm Bay. Weldon was able The release quoted Riley: ‘‘Having NASA’s ty—including Kennedy Space Center, one of to keep the adjacent Cape Canaveral Air administrator fly down from Washington to NASA’s highest-profile sites and the work- Force Station, site of the military’s space endorse my campaign for governor illus- place of thousands of constituents. operations. trates the viability of my plan to build a new The Feeney campaign and officials with The split, Feeney and others have said, en- high-tech research-based economy in Ala- the National Aeronautics and Space Admin- sured that Central Florida would have two bama. Administrator O’Keefe’s strong en- istration insist the visit Monday is simply a sets of eyes in Washington focused on space. dorsement highlights his confidence that gesture of friendship from O’Keefe and that O’Keefe’s visit Monday is Feeney’s latest Alabama can become a vital part of the new he is appearing with Feeney as a private cit- attempt to court the votes of the area’s economy if given the right leadership.’’ izen, not as the nation’s top space policy- space workers—something he has done with Riley campaign spokesman Dave Acbell maker. They also say the trip will not cost promises to funnel more money into devel- said O’Keefe in interested in Riley’s plan to taxpayers: O’Keefe is taking the day off, and oping the region’s space industry and his develop Alabama’s economy like North Caro- the campaign is paying for his commercial tours of key public- and private-sector facili- lina’s Research Triangle. airline ticket. ties. Feeney also frequently mentions that his The Hunstville Times quoted O’Keefe in O’KEEFE IS A REPUBLICAN Tuesday’s edition saying his two appear- wife, Ellen, works at KSC—reminders that Glenn Mahone, NASA’s associate adminis- ances were not about bipartisanship but are exceeded only by his frequent descrip- trator for Public Affairs, pointed out that leadership ability. The paper reported that tions of his ‘‘close’’ ties with President Bush O’Keefe is a Republican as well as a political when asked if he would endorse Democrats and O’Keefe, two people with extraordinary appointee named by a Republican president. power over NASA’s budget. The implication with similar leadership abilities, O’Keefe ‘‘He was invited by Speaker Feeney to is that Jacobs does not have the connections said, ‘‘These are the only two opportunities come down and attend an event on his own needed to bring the bacon back to Brevard. I had to be involved with.’’ time, and he graciously accepted,’’ Mahone Feeney’s campaign is stressing that Jacobs, in response, has said that Demo- said. ‘‘He is going not as NASA adminis- O’Keefe is appearing in an ‘‘unofficial capac- cratic leaders in Congress have promised him trator, but as a friend of Speaker Feeney.’’ ity.’’ But the campaign is billing the event a seat on the committee that oversees On Monday, O’Keefe traveled to Huntsville, NASA’s budget. as a ‘‘Space Town Hall Meeting’’ at which Ala.—home of NASA’s Marshall Space Flight space industry officials selected by the cam- But Feeney’s partisan ties have granted Center—to endorse U.S. Rep. Bob Riley, R- him access that Jacobs has not enjoyed. Al- paign will get to ask the men about NASA Ala., who is running for governor. and other space issues. though KSC officials invited Jacobs on a O’Keefe could not be reached for comment. tour of NASA facilities, Feeney was a guest In debates and other space-related appear- Alex Roland, Duke University professor ances in the district, which includes Ken- of O’Keefe at a shuttle launch earlier this and former NASA historian, called O’Keefe’s month. Jacobs was invited to the same nedy Space Center, Feeney has said his close political visits unprecedented in the annals relationship with O’Keefe and President launch by U.S. Sen. Bill Nelson, D-Fla., but of the agency. NASA administrators, who was unable to attend, a Jacobs spokeswoman Bush will help the area. often complain about interference from Cap- His press secretary, Kim Stone, made the said. itol Hill, typically do not get involved in Ralph Gonzales, Feeney’s campaign man- same case Tuesday. Harry Jacobs, the Demo- elections, he said. crat candidate running against Feeney, is ager, said the town hall meeting at the Hil- Roland said it’s ironic that O’Keefe has ton Oceanfront in Cocoa Beach is ‘‘not really not invited. Questions asked of Feeney and chosen to step in. O’Keefe will be screened by the campaign, a political event.’’ ‘‘It’s one thing to be politicized, in the The 90-minute meeting, which begins at 4 she said. sense that the agency represents a set of Jacobs’ spokeswoman Azalea Candelaria p.m., is by invitation only, campaign spokes- policies with which some elected official woman Kim Stone said, with a a host of Re- said such events are not unusual and Presi- may or may not be in agreement. But it’s en- dent Bush’s aides and appointees have been publicans and about 100 people from the tirely different to be partisan, because those space community, including Democrats, Re- helping Feeney from the start. She said she members of Congress that decide about this hoped O’Keefe and NASA were equally will- publicans and independents, on the list. can be of either party,’’ he said, ‘‘This is a Allison said it has become fairly common ing to provide the Democrat candidate with member of a federal agency saying a rep- in recent years to use administration offi- access to tours and to face-to-face discus- resentative of one party is better able to cials, from the President on down, to lend a sions with the administrator. serve NASA’s interests than the representa- ‘‘Harry Jacobs has lots more support than hand to candidates. tive of another party. That’s just none of And Feeney has been a beneficiary several the Republicans expected so Tom Feeney their business—how the elected representa- times over: In August, Vice President Dick rang the alarm and a series of dignitaries are tives get there.’’ Cheney raised an estimated $250,000 at an Or- coming down to campaign for him,’’ she said. Bill Allison of the Center for Public Integ- lando cocktail party. Last month, Veterans ‘‘When the president of the United States is rity, a Washington-based nonpartisan ethical Affairs Secretary Anthony Principi and a Republican and you’re not, you can’t get watchdog group, said the situation is clearly Commerce Secretary Donald Evans cam- that campaign help.’’ more than just a friendly gathering. ‘‘It’s ob- paigned with Feeney. Neither Mahone nor Feeney’s spokes- viously a favor being done to elect a mem- But O’Keefe’s visits do stand out, Allison woman said they knew whether O’Keefe will ber, a Republican, to Congress,’’ he said. said. endorse Feeney. ‘‘This is somebody trying to use the prestige ‘‘It definitely muddies the water,’’ he said. O’Keefe has long served Republican admin- of his position to further the political inter- ‘‘A NASA administrator is supposed to be istrations, including that of President Bush’s ests of a candidate. running NASA. He’s not supposed to be in- father. The younger Bush moved O’Keefe Mahone said that if O’Keefe were invited tervening in politics.’’ over from the Office of Management and by other Republicans he knows to campaign Budget to head NASA on orders to clean up with them between now and the elections, he [From Florida Today, Oct. 29, 2002] the agency’s money woes. would be open to it if his schedule would PLANE TROUBLE CANCELS NASA TOWN Pike said previous NASA administrators allow it. MEETING have been ‘‘space cadets’’ who were at NASA ‘‘Is it unusual for a NASA administrator? (By Kelly Young) because it was their dream job. O’Keefe is Well, we have a new NASA administrator, CAPE CANAVERAL.—NASA Administrator more of a career political appointee, so it’s and this NASA administrator has decided Sean O’Keefe canceled plans to attend a not surprising he is politically active, Pike this is something that he wants to do,’’ Space Coast event with Republican Congres- said. Mahone said. Jacobs, the Altamonte Springs lawyer sional candidate Tom Feeney after airplane [From the Orlando Sentinel, Oct. 23, 2002] challenging Feeney in the Nov. 5 election, problems in Washington on Monday. The administrator took some personal NASA CHIEF O’KEEFE TO JOIN FEENEY AT said if he wins, O’Keefe’s decision to help time off from his normal duties to fly down CAMPAIGN STOP IN COCOA BEACH Feeney would not make it more difficult for to Florida to appear with Feeney, who is him to work with the agency. (By Gwyneth K. Shaw and Sean Mussenden) running for a District 24 seat in the U.S. ‘‘NASA is not Sean O’Keefe and Sean NASA chief Sean O’Keefe will campaign House of Representatives. The joint event O’Keefe is not NASA,’’ Jacobs said. ‘‘NASA with House Speaker Tom Feeney in Cocoa was billed as a town hall meeting where Beach next week—a highly unusual foray will be there before or after Sean O’Keefe.’’ Asked whether he thought it was improper space industry officials could ask O’Keefe into politics for the head of an agency that of O’Keefe to break with the neutral tradi- and Feeney questions about NASA. has tried hard for its 44 years to stay above After O’Keefe was delayed at the airport tion of his predecessors, Jacobs said, ‘‘That’s the partisan fray. for about an hour, Feeney’s office decided to a question for Sean O’Keefe.’’ O’Keefe’s appearance will occur eight days cancel the event when they realized he would before voters decide whether to send Feeney DISTRICT SPLIT-UP not make it to the Cocoa Beach Hilton by or opponent Harry Jacobs to Congress. When Feeney’s top lieutenants in the Leg- the scheduled start time at 4 p.m. District 24, a new district essentially hand- islature were carving out District 24, they The cockpit door wouldn’t close, said drawn for Feeney, includes parts of Volusia, swiped Kennedy Space Center from a Feeney spokeswoman Kim Stone. O’Keefe

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.024 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11693 was traveling on a commercial flight to Or- to mention a couple of those who are the hearings very nobly, in a very re- lando and paying his own way. very good friends of mine, who will be spected manner. I was proud to serve Other passengers got off the plane and leaving the service of the Senate, one with him on that committee. It was an boarded another flight. O’Keefe stayed in of which is BOB SMITH. BOB SMITH has enormous responsibility to be inves- Washington, said NASA spokesman Glenn Mahone. served in the Senate for 12 years. I had tigating the sitting President. I believe O’Keefe probably will not make it back to the pleasure of working with him. He is Senator THOMPSON conducted those the Space Coast before elections next Tues- a respected veteran. He served in Viet- hearings very well. day, but Mahone said a later visit was not nam. I have had the pleasure of know- He also, in a very short period of unreasonable. ing BOB SMITH and his wife Mary Jo time, was made a Member of the Sen- ‘‘If invited and if time permits, he’ll be and their kids. Actually, their kids ate Finance Committee. I had the more than happy to go down because he went to the same school as my children pleasure of serving with him on the thinks very highly of Speaker Feeney,’’ did. Senate Finance Committee, again, a Mahone said. BOB was a high school teacher and a committee where we were able to make [From Aviation Week & Space Technology, coach from the great State of New some positive changes for the country Oct. 28, 2002] Hampshire. He was elected to Congress regarding tax cuts. Senator THOMPSON has proven to be a real friend of tax- MR. O’KEEFE, STICK TO NASA in 1984, but I did not really get to know BOB SMITH until he was elected to the payers in enacting probably one of the Breaking with a long-standing tradition largest tax cuts in our Nation’s his- that NASA administrators do not directly Senate in 1990. He was reelected in 1996. participate in partisan politics, Sean O’Keefe He served on the Armed Services Com- tory, certainly in the last couple of has taken to the hustings for Republican mittee and was what I would call a decades. candidates and participated in a state party very strong defender of our Nation’s He always provided common sense, a fund-raiser. Last week he turned up in freedom, a very strong national pa- sense of humor, as well. Certainly Sen- Huntsville to endorse U.S. Rep. Bob Riley in triot. ator FRED THOMPSON will be missed in his bid to become governor of Alabama. This He was always interested in improv- the Senate. He is my friend from Ten- week, O’Keefe is scheduled to appear at a ing our national defense and he did an nessee. I wish Senator FRED THOMPSON political event in Cocoa Beach with Tom outstanding job. He was a leader in try- and his lovely wife, Geri, every success Feeney, the speaker of the Florida House of ing to find out what happened to the in the future. No doubt he will have Representatives, who is running in the con- many. gressional district that includes Cape Canav- men and women serving in the Army, eral. O’Keefe will insist he is making these Navy, and Air Force who were missing I yield the floor and suggest the ab- efforts purely as a private citizen. But that in action in Vietnam. He showed great sence of a quorum. is a thin reed to grasp—and one not recog- courage on a lot of issues that were not The PRESIDING OFFICER. The nized by the candidates. In a press release, popular. He led the fight in trying to clerk will call the roll. The assistant legislative clerk pro- Riley gushed about ‘‘having NASA’s admin- ban partial-birth abortion, and my ceeded to call the roll. istrator fly down from Washington to en- guess is we will pass that in the next dorse my campaign for governor.’’ Mr. DASCHLE. Mr. President, I ask Even more disturbing than running out Congress, and it will be because of the unanimous consent that the order for onto the campaign trail, O’Keefe partici- leadership of BOB SMITH and his coura- the quorum call be rescinded. pated in an Alabama Republican party fund- geous effort in initiating that. The PRESIDING OFFICER. Without raising dinner in Huntsville in February. It On behalf of countless unborn chil- objection, it is so ordered. was billed as a tribute to the aerospace and dren, on behalf of the men and women defense industry, but at $250-a-plate, the din- serving in the military, on behalf of a f ner might more honestly have been labeled nation that is very grateful for patriots BRINGING SOUTH DAKOTA’S an occasion for the Grand Old Party to ex- who have led the fight in Congress to COMPASSION TO AFRICA tract tribute from NASA contractors. Want some face time with Sean? Fork over your make our country free, they have al- Mr. DASCHLE. Mr. President, in Au- check. ways had a friend in Senator BOB gust, I had the good fortune to be able Lest anyone accuse us of being naive or SMITH. I congratulate him on his years to travel with several Senate col- disingenuous, we are not ‘‘shocked, shocked’’ of service in Congress, both in the leagues to South Africa, Kenya, Bot- to learn that O’Keefe is a staunch Repub- House and the Senate, and I wish him swana, and Nigeria. We wanted to get a lican. Nor do we think there is anything ille- and Mary Jo every best wish for their clear look at the development chal- gal or immoral about a presidential ap- future. lenges in Africa, including health cri- pointee taking part in party affairs, provided I also wish to make a couple of com- ses, U.S. investment and trade, micro- it is done on his own time and does not in- ments about our soon retiring col- volve government resources. enterprise development, education and But that doesn’t make these campaign league, Senator FRED THOMPSON. Sen- agriculture. swings and party fund-raisings a good idea. ator THOMPSON’s career was shorter Even before we left, we got a sense of Throughout its history, NASA has depended than many of us had hoped. He only the common cause between the people on bipartisan support. It’s support that some served 8 years in the Senate. He was of the United States and the people of have characterized as a mile wide but only elected in a special election in the Africa. Working with the South Da- an inch deep, so O’Keefe should be careful State of Tennessee 8 years ago, and kota Red Cross and Hope Worldwide, not to drain much off this reservoir of good- then was reelected. He has served this citizens from Sioux Falls donated more will. In politics, what goes around comes body very ably and very nobly well. around. And while none of the Democrats than 1000 pounds of clothes and toys to Senator THOMPSON had remarkable running against the candidates O’Keefe is en- South African children who have been dorsing is likely to turn against NASA achievements in his very short Senate affected by the AIDS pandemic. I want should they win, the administrator should career. After he was in the Senate for to publicly acknowledge the great not be surprised if Democrats seek a payback only 2 years, he was selected and elect- work of Stephanie Koster, director of and, in so doing, disrupt his plans for this ed chairman of the Governmental Af- HIV/AIDS Services for the Sioux Em- storied government agency. fairs Committee, a remarkable accom- pire Chapter of the American Red Mr. NELSON of Florida. I wish all of plishment. He served as chairman of Cross, on this effort. the Senate, all of our colleagues in the Governmental Affairs Committee I was overjoyed to be able to deliver, Congress, as well as the American peo- at a very interesting time. I was on on behalf of South Dakotans, some ple, Happy Thanksgiving. that committee for a couple of years glimmer of hope to children who have I yield the floor. during the investigation of campaign suffered either because one or both of f abuses, primarily focused on the Clin- their parents contracted HIV or be- ton administration. Chairman cause they themselves contracted it. In TRIBUTE TO SENATORS BOB THOMPSON conducted those hearings Soweto we met a young girl, Mary, who SMITH AND FRED THOMPSON and investigations in a way that de- gave me an indication of the price chil- Mr. NICKLES. Mr. President, one of serves great credit. It would have been dren are paying as a result of HIV. the privileges we have of serving in quite easy to have the hearings evolve Mary is 12 and the eldest of five chil- this body is we get to work with a lot into nothing but a partisan allegation, dren. She recently lost both of her par- of outstanding men and women. I wish and he did not do that. He conducted ents due to complications with AIDS.

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.027 S20PT2 S11694 CONGRESSIONAL RECORD — SENATE November 20, 2002 Not yet a teenager, she is left to fend I remember vividly arriving at an with Henry Cabot Lodge, who entered for herself and her four siblings. De- HIV Voluntary Counseling and Testing in 1893, who served with John Sherman, spite this challenge, Mary rose to greet Center in Kibera, the largest slum in who entered in 1861, who served with our delegation and recited a poem she Nairobi, Kenya. We were greeted by Hannibal Hamlin, who entered in 1848, had recently written to her parents en- mothers, each of whom was HIV-posi- who served with William King, who entitled, ‘‘Parents yesterday, parents tive. Yet they greeted us, dancing and tered in 1819, who served with Rufus today, parents tomorrow.’’ singing a song whose lyrics were: King, who re-entered in 1813, who I left for that trip convinced that We are so blessed, because we know our served with Joseph Anderson, who en- these challenges facing Africa—chief status. tered in 1797, who served with John among them the AIDS pandemic—were They felt blessed to have learned Brown, who entered in 1792, who served tragic humanitarian crises. After this they were HIV-positive because, by with Robert Morris. trip, I am convinced Africa’s chal- knowing their status, they could take Robert Morris entered in 1789—and lenges, if left unaddressed, could soon steps to protect their partners. And signed both the United States Con- become America’s national security they could receive counseling and nu- stitution and the Declaration of Inde- threats. Failure to more energetically tritional supplements to keep them- pendence. engage this troubled continent, espe- selves healthy in the face of this insid- Through just ten people, we are di- cially in the post-September 11 world, ious virus. rectly connected to the two documents poses risks to both the lives of millions It will be an even more joyful day that this Nation is founded upon—two of Africans and our own national secu- when these women will feel blessed not documents that all of these departing rity. only because they know their status, Members have advanced and defended That is why I was especially dis- but also because they have access to throughout their careers. appointed to learn last Friday morning treatment and drugs that will keep We are able to see those linkages be- that the House chose to adjourn with- them alive. The House could have has- cause of the masterful historical work out passing two important pieces of tened that day. It did not. And so, Mr. of another of our colleagues, Senator legislation that could have energized President, I will come back at this BYRD, whose birthday, we have noted, our efforts in Africa. issue until it is law. is today. S. 3032, a bipartisan bill to expand The President is scheduled to travel Every departing Senator has added U.S. efforts to support micro-enterprise to Africa in January. As I was able to pages to the history of this Senate and and which passed the Senate unani- carry with me on my trip—to young this Nation. Some have provided whole mously, was a casualty of the House’s Mary and others—some of the compas- chapters. And, in a couple of cases, rush to leave town. We all know that sion of South Dakota, I wish the Presi- whole volumes of history. micro-enterprises are a lifeline for the dent could have been able to bring with I would like to take a moment and poorest of the poor—and have proven him two new laws expressing the com- acknowledge our departing Senators. to be a pivotal tool that has allowed passion of the United States. STROM THURMOND is the longest serv- women, especially, to provide for their As our dear colleague Paul Wellstone ing Senator in our Nation’s history. families. Across Africa, we saw women used to say, ‘‘time is not neutral.’’ We His career has spanned the arc of the fighting for their families and raising can no longer afford to ignore Africa’s last century, and his service has helped their children on money they earned at challenges, because before long they usher in this one. small shops. But for every woman who will become our challenges. The House He has gone from Democrat, to Dixie- was able to make ends meet because of missed its chance to help confront crat, to Republican. His party affili- her micro-enterprise, there are thou- those challenges in the 107th Congress. ation may have changed, and his posi- sands of others who need a helping I hope it will help us address them in tion on some issues may have changed, hand to get started. And by helping the next. but his service to the people of South hand I don’t mean a costly program. Carolina has been unwavering. He is f The typical micro-enterprise loan is truly the Cal Ripken of the Senate. $50. By failing to pass S. 3032, the HONORING THE RETIRING SEN- JESSE HELMS began his first term in House missed the opportunity to pro- ATORS OF THE 107TH CONGRESS the Senate in January 1973. Senator vide that helping hand and oppor- Mr. DASCHLE. Mr. President, one of HELMS is a giant—not only on the Sen- tunity. the advantages of a lame duck session ate stage, but also on the world stage. The House also left town without is it gives us a little longer before we And, with his budding friendship with passing a Global HIV/AIDS bill. In have to say good-bye to departing col- the rock star, Bono, in retirement we July, the Senate unanimously passed leagues. Quite a few members of our may yet see him on a concert stage. It H.R. 2069, which authorized the re- Senate family will not be with us when has been said that leaders face a choice sources that we all know will be re- the 108th Congress begins in January. between being loved or feared—Senator quired in the battle against HIV/AIDS. From the moment we first step foot HELMS is both. We were told by the House that the on this floor, most of us are powerfully JESSE and Dot have been indispen- price tag on that bill was too high, and aware that we are links in an extraor- sable members of the Senate family, that they would pass it if we reduced dinary chain of history. When we open and we will miss them. the funding level. So we made clear to our desks, we see carved or penned in PHIL GRAMM has been at the center of the House that we were ready to cut them the names of those who served in every major economic and domestic back the amounts authorized for this this body before us. policy battle in my time here. And battle—vastly if they insisted—to re- Over in the historic Old Senate even though I have frequently dis- move the obstacles to some form of Chamber, we can almost hear the agreed with him, I have always learned progress on this vital issue. Appar- voices Daniel Webster, Henry Clay and from him. Virtually singlehandely, he ently, any amount at all was too much John Calhoun. Here in this Chamber, has changed America’s economic pol- for the House leadership, because the we walk in the footsteps on such lead- icy—twice. Like all things Texan, he is House just could not get to yes on this ers as leaders like Lyndon Johnson, larger than life, and he leaves some big vital issue. Mike Mansfield and Howard Baker. shoes to fill. I am particularly disappointed be- Once you have served here, you never FRANK MURKOWSKI is departing the cause the House’s refusal to act ends leave here entirely. Every Senator who Senate not because the people of Alas- any hope of enacting the Family Part- has ever served here remains here in ka don’t want him in Washington, but nership Survival Act. This program is some form. because they do want him closer to very simple. It authorizes $75 million That connection is not only carved in home. That makes sense, because he over the next 2 years to treat HIV-posi- our desks. It is carried in those with has been a tireless advocate for his tive mothers and their partners. By whom we serve. State. I have no doubt that he will con- keeping mothers and fathers alive so Think about this: Senator THURMOND tinue to be, whether it is shaping pol- that they can help raise their children, entered the Senate in 1954. icy at home, or twisting the arms of it is, in effect, an orphan-prevention He served with Walter George, who his former colleagues here. Congratula- program. entered in 1922. Walter George served tions, Governor.

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.090 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11695 BOB SMITH once said, ‘‘I hope that I will miss BOB TORRICELLI’s elo- I saw that most vividly last October they’ll put in my obituary that I was a quent, passionate, articulate voice— 16, the first anniversary of the plane good legislator—that I did my job for and I thank him for his service. crash that killed her husband, her son the people of New Hampshire. I hope I am sure these last few weeks have Randy, and their aid Chris Sifford. they put that whole picture in.’’ been bittersweet for MAX CLELAND. He Jean had visited their graves over Well, we don’t have time to capture lost an election—but he did get en- the weekend—and then returned to the whole picture—and I know that gaged the next day. Washington so she could debate and there are more chapters to be written It shows he has his priorities vote on a foreign operations bill that in BOB SMITH’s political life—but for straight. strengthened our efforts to track ter- nearly 20 years in the Congress, he has But then, he always has had his pri- rorists, to strengthen the coalition been a good legislator, and he has cer- orities right. After Vietnam, just about against terrorism, and to feed and shel- tainly done his job for the people of anyone else would have said: I’ve given ter Afghanistan’s refugees. New Hampshire. enough for this country. Not MAX That was the same day a letter con- CLELAND. When some of the people We may not be seeing FRED THOMP- taining anthrax was opened in my of- whose job it was to care for him lost SON on C–SPAN anymore, but we will fice, forcing her to continue her work— hope, saying that the very act of put- certainly be seeing him on TV. And as a freshman Senator—without an of- ting on a shirt would tire him for the should he ever take a role that involves fice. whole day—MAX willed himself to combating government fraud, waste, Compared to the adversity she has health. And then he set out to help oth- and mismanagement, it will be a case overcome, that was nothing. From the ers. of life imitating art—because that is In 1970, at age 28, he became Geor- day she arrived, JEAN CARNAHAN just one of them many things he has gia’s youngest State Senator ever. In brought with her to the Senate the done so well here in the Senate. 1977, he became President Carter’s out- hopes and concerns of millions of Mis- From the Arkansas State house, to spoken chief of Veterans Affairs. After souri’s families. She has a unique abil- the House, to the Senate, TIM HUTCH- that, he served for 13 years as Georgia’s ity to find compromise, but there was INSON has brought his keen under- Secretary of State. one thing she never compromised—she standing of both education and small In every job, he worked to make life never compromised the interests of business to bear for the people of Ar- better for Georgians, for veterans, and hardworking Missourians. kansas—and that is something I am for those who needed the government Whether it was working for tax re- certain he will continue to do in the to work for them. lief, prescription drug coverage, a Na- days and years ahead. And then—as if he hadn’t given tional Patients’ Bill of Rights that Let me also say a word to Senator enough of his time and energy to oth- would be as strong as Missouri’s, or BARKLEY. I recently saw an interview ers—he volunteered for another tour of help for laid-off workers—her elegant in which Senator BARKELY said he duty—this time as a U.S. Senator. words and depth of understanding com- would bring some bottled water from In the Senate, MAX’s personal experi- manded attention, and more often than Minnesota so as not to catch Potomac ence gave him a voice in the issues of not, got something done. Fever. I think you probably need a war and peace, the preparedness of our JEAN sits in Harry Truman’s seat— slightly longer exposure to catch it— armed forces, and the way in which we and I think that is fitting, because she but we thank him for his service at treat those whose service is done. occupied it with strength, dignity, this time of transition for Minnesota Though MAX knows the sacrifices plain-spoken independence. and for the Senate. service sometimes demands, he didn’t She may not have served long, but I also want to say a few words about limit his focus to those who have sac- she served this Nation and the people the departing members of the Demo- rificed. He dedicated himself to the cre- of Missouri well, and she served at one cratic Caucus: ation of an America worthy of that of the most turbulent and historic There is no tougher fighter for this sacrifice: a society of justice, freedom, times in the life of our Nation. party or its values than BOB compassion and strength. I remember once hearing Govern- In the wake of September 11, and the TORRICELLI. There is no more loyal ment CARNAHAN say, ‘‘Most of the ally, there is no more passionate Sen- anthrax attacks here on my office, time, you just get to sit in the boat, ator. He has lived a life devoted to pub- MAX was instrumental in passing the but every now and then you get to row legislation that better secures our lic service. the boat and direct it.’’ ports and airports, better prepares our I have often heard Senator In a short time, JEAN CARNAHAN armed forces, and better equips the TORRICELLI talk about how, growing up demonstrated that she belongs at the CDC to confront the new challenges of in his house, ‘‘a person’s value was helm, and I, for one, am going to miss bioterrorism. measured by what they did for other The things he has done may have having her there. people.’’ By that measure—or by any been important for Georgia, but they I sometime think MAX CLELAND and measure—BOB TORRICELLI has been an were vital for America—and history JEAN CARNAHAN possess as much inter- invaluable member of the Senate. will bear that out. nal strength and grace as the rest of BOB TORRICELLI has always put oth- From his service in Vietnam, to the the Senate combined. They are ex- ers first. He helped recruit and elect VA, to the U.S. Senate, MAX has exhib- traordinary people, exceptional public the Senators who would ultimately put ited a rare, almost singular kind of pa- servants. Each in his or her way, is an Democrats in the majority—embracing triotism. He has taken his service seri- inspiration. a thankless task, and excelling beyond ously, but—as anyone who has been a They served their Nation faithfully, all expectations. In an act of political subject of one of his jokes, or has wit- and at great personal cost. courage, he stepped down when he felt nessed him telling jokes about himself I must say, it was disturbing and dis- his own candidacy would threaten that can tell you—he has never taken him- heartening to see how their records and majority he worked so hard to build. self too seriously. characters were misrepresented in this In the legislative arena, he has It has been reported that nearly campaign. They deserved far better. worked to protect Americans from gun every day, someone calls MAX’s office, Voters in Georgia and Missouri de- violence—to protect women’s rights— just to thank him for being MAX—for served far better. and workers’ rights—and civil rights— overcoming what he has overcome to I hope that through the clarity of and he has sought to provide tax relief become a leader. history, the people of their States see for working families. Today, I want to thank MAX CLELAND these two great patriots for what they And in the wake of the tragic events for being MAX—for being a great Sen- are, and how well they served. of 9/11, BOB TORRICELLI took on the ator, a personal inspiration, and a dear Finally, let me mention a colleague cause of rebuilding—helping New York friend, one who I will miss tremen- who left us too soon—Paul Wellstone. rebuild—helping the region rebuild— dously here in the Senate. It was a joy and an honor to have him and helping the victims and the sur- Tragedy carried JEAN CARNAHAN into in the Senate. vivors begin the process of rebuilding the Senate, but she refused to let it de- Paul said that he came here to rattle their lives. fine her once she arrived here. some cages—and sometimes he rattled

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.043 S20PT2 S11696 CONGRESSIONAL RECORD — SENATE November 20, 2002 mine. But he always told the truth. our Sergeant at Arms—both of whom I We get to know each other very well. And he always remembered who he was had the privilege, as majority leader, We do that in our committee meetings. speaking for. As I have said before, he to nominate. We do that in our travels. We do that was the soul of the Senate. He had that I have heard them called our 101st on the floor of the Senate. A good occa- rarest and most difficult kind of brav- and 102nd Senators, and they truly sion for that is when we have consecu- ery: moral courage. He always stood have been indispensable to me, and to tive votes, back to back to back to for what he believed in, even if it the Senate family. back, as we had last night, four votes. meant standing alone. And he fought in For Al Lenhardt, the fact that he was This gives us a chance to avoid playing a way that ennobled his causes and in- in place in this job 6 days before Sep- telephone tag, which occurs frequently, spired us all. And I will miss him dear- tember 11 is further proof for me that and to see our colleagues on the floor ly. God watches over this body. Through 9/ and to talk to them. To hear each of these leaders call me 11, anthrax, he helped the Senate to We will be missing some really out- ‘‘leader’’ has been one of the greatest handle unprecedented challenges, and standing Senators as we conclude the honors of my life—and I will be forever prepare for a new generation of 107th Congress. There is a great deal grateful to you. threats. that could be said about each of them In 1998, Senator LOTT inaugurated For Jeri Thomson, no challenge was from my own personal experiences. the ‘‘Leader’s Lecture Series,’’ fea- too big, no detail too small, the con- Senator THURMOND is truly a living turing speakers who had ‘‘enrich[ed] summate professional, unflappable. legend. When I first saw him chair the the memory of the Senate by sharing She kept the Senate functioning in the Judiciary Committee, he asked a nomi- with us the wisdom and insights that aftermath of anthrax. Without her, we nee if the nominee promised to be cour- can be gained only by a lifetime of would not have broken ground on the teous. I questioned whether that was a service.’’ Visitors Center. She made the Senate very good inquiry. What else could the Without exception, every speaker— work better—not only for the Senators, nominee say? The nominee said, ‘‘Yes.’’ including those who went on to serve but for the people we serve. Then, Senator THURMOND said, ‘‘the as Vice President, even President of She has been by my side my entire more power the person has, the more the United States—has recalled his time as leader. She has become a dear courteous a person should be.’’ years in the Senate as the best and personal friend. And I will miss her, as Senator HELMS finished six terms in happiest of his career. we all will. the Senate, elected in 1972. One of my Given the historic events that shaped This has been an historic Congress. fondest recollections of Senator HELMS this Congress, I don’t know that any of Between September 11 and anthrax, we is relative to the pornography bill, us will look back on these 2 years as have lived through two of the greatest which he wrote, and which was de- the happiest of our careers—although crises the Capitol has not seen since clared unconstitutional. After being there have been moments of great joy Civil War soldiers were camped out in consulted by him, I gave him a hand in for all of us. this Chamber 140 years ago. writing a bill which was constitutional. But I hope we will look back on these The dedication and professionalism In order of seniority on our departing 2 years and remember times when we of Jeri Thomson, Al Lenhardt, and all colleagues, FRANK MURKOWSKI came to were able to work together to help lead of those who work here helped us not the Senate with 15 other Senators, a America through one of our Nation’s only survive those who work here total of 16. They called us the ‘‘Sweet darkest chapters. helped us not only survive those crises, 16,’’ elected in 1980. Now there are but The private times we have all shared but to work through them, and to con- three: Senator GRASSLEY, Senator together over those months have tinue to serve the American people. NICKLES, and myself. forged bonds that make us more than I thank them, the Senate thanks Senator MURKOWSKI goes on to be just colleagues. In keeping with the them, and I feel confident that history Governor of Alaska, where he can Senate’s best traditions, we have be- will record them as able servants who maintain his own schedule and be an come friends, and family. deserve our thanks for generations to executive without relying on 50 other I regret that we weren’t always able come. And that, too, is a part of the Senators to carry the day. to maintain that unity—especially this recognition they deserve. PHIL GRAMM is truly an extraor- year—that I had hoped we might have. I yield the floor. dinary Senator. Nobody in the Senate I hope we can recapture it in the days The PRESIDING OFFICER (Mr. is smarter than PHIL GRAMM. Perhaps ahead. BAUCUS). The Senator from Pennsyl- nobody in the history of the Senate To all of my departing colleagues, it vania. was smarter than PHIL GRAMM. One of is an honor to be connected to his- f his memorable moments was when we tory—that short thread that ties us to were debating how to proceed on the the Founders of this great Nation. But TRIBUTE TO THE SENATE AND TO impeachment proceedings of President as a much of an honor as it is to be DEPARTING SENATORS Clinton. There was a lot of disagree- connected to history, it has been a Mr. SPECTER. Mr. President, I have ment. Suddenly, like a bolt of light- privilege to be connected to each of sought recognition to comment briefly ning, PHIL GRAMM and TED KENNEDY you. about the conclusion of our Senate ses- agreed. What were the other 98 of us to THANKING STAFF sion. We finished our last vote late last do? If those two men could agree, it Senators may be the most visible night, and after today’s session, we will must be an appropriate solution. people here, but there are also many be in adjournment until January. BOB SMITH, with distinguished serv- people who make the Senate work. The Senate, unlike the House of Rep- ice in the House and distinguished I want to thank all of those who resentatives, is a continuous body. service in the Senate, was perhaps a make the Senate run: our staff here on Only one-third of our number stands little too candid sometimes as he took the floor, the reporters, the door- for election each year, unlike the the floor in his quest for the Repub- keepers, the police officers, the pages, House of Representatives, where there lican nomination. A little critical of the tour guides, the librarians, the em- is a new House elected every two years. the party, but he was always coura- ployees of the Architect of the Capitol, So we are continuous. geous and always straightforward. I our Chaplain and his staff—and the list The Senate has been called the learned a lot from Senator SMITH in goes on. world’s greatest deliberative body. our caucuses on impeachment. I had Our clerks, those who are with us Sometimes I doubt that acclamation, not known the depth of his knowledge today, our Parliamentarian—to all of but sometimes we measure up to it, as a high school teacher, but he was an them, to each of them, let me express and I think we did yesterday in passing extraordinary Senator and made a my heartfelt thank you. homeland security and the terrorism great contribution. They deserve our thanks, but there insurance bill. Senator FRED THOMPSON, a super are two people in particular who I also There is an air of collegiality and an star. When he came to the Senate, he want to thank: Jeri Thomson, the Sec- air of civility, which is the backbone of took over the chairmanship of a major retary of the Senate, and Al Lenhardt, the Senate. There are only 100 of us. committee in record time and presided

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.046 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11697 over very important hearings on cam- esteemed colleague from West Vir- Again, I wish her the best in her future paign finance reform. What is not real- ginia, Senator ROBERT BYRD. I just ex- endeavors, and her family, to her son ly known about FRED is that he is as pressed those birthday wishes to him Tom and daughter Robin whom I have lighthearted and as good at repartee as personally a few moments ago on this, worked with in the past. he is at the law, which is a very high as I told him, the 35th anniversary of I also pay my respects to Senator degree. his 50th birthday. Because in so many MAX CLELAND. MAX and I do go back a TIM HUTCHINSON served on the Com- ways Senator BYRD has been a real pil- long way. I first met MAX when he was mittee on Veterans’ Affairs with me, lar of strength in the Senate, standing here in the Senate on the Senate Vet- very devoted, very serious, very sin- up for the rights and privileges of the erans’ Affairs Committee. He became cere. He had the misfortune to lose an Senate, standing up for the demarca- President Carter’s Secretary of Vet- election or else, I think, he would have tion set down by our Founding Fathers erans Affairs when I was in the House had a very long and illustrious career between the legislative branch and the of Representatives. Being a veteran in the Senate. Yet, he may have a long, executive branch of the Government. and being a member of the veterans illustrious career in the Senate. He will When I say 35th anniversary of his sort of group we had in the House of live to fight another day. 50th birthday, I mean that because, Representatives at that time, we BOB TORRICELLI, always on top of the quite frankly, Senator BYRD does not couldn’t have asked for a better cham- issues, very important to the Judiciary appear in any way to be one day over pion for veterans issues at that time in Committee where we served together. the age of 50. So I wish him the best on the late 1970s than we had in MAX He was the ranking Democrat when I his birthday and wish him to maintain CLELAND. It was Senator CLELAND who, chaired the Subcommittee on Depart- strength and good health to continue as Secretary of Veterans Affairs, set up ment of Justice Oversight; always judi- the leadership he has shown in the Sen- the vets centers around the United cious, always fair and always a great ate for the last almost 30 some years. States. There are now more than 200 of contributor. I also pay my respects to Senators them. MAX CLELAND, a real hero, a man of who are leaving: Senator THURMOND, In every case I have been privileged great courage. To see MAX function in Senator HELMS, Senator BOB SMITH, to see a vets center, they are just sort the Senate or in life, with the tremen- Senator FRED THOMPSON, Senator TIM of the heart and soul of outreach and a dous injuries he suffered in Vietnam HUTCHINSON on the Republican side. Es- place for veterans to get help, if they when he fell on a hand grenade, is truly pecially I pay my respects to Senator need it, and a place where veterans can inspirational. We will all miss MAX HUTCHINSON for his great work on the make sure they have access to the out- CLELAND. farm bill. We got a really good farm lets of the Federal Government for job JEAN CARNAHAN. Senator JEAN bill out this year. He was a very dili- training and that type of thing, for CARNAHAN picked up the mantle of her gent and good member of the Senate education. husband, Governor Mel Carnahan, and Agriculture Committee, and we worked That is his lasting legacy all over the made a real contribution in her two very hard together in a bipartisan fash- United States. Of course, it has been years in the Senate. ion to report out a very good farm bill repeated time and again about his Paul Wellstone has been the subject for farmers and for rural America. I es- great heroism in the Vietnam war, for of tribute and a man who will be truly pecially thank Senator HUTCHINSON for which he received a Silver Star. I will missed. His work on mental health par- his efforts in getting that farm bill miss him as a very close friend for all ity with physical ailments will be Paul through. these years, and the country has lost Wellstone’s real legacy. I had an oppor- I also pay my respects to Senator the service of a truly remarkable, cou- tunity to travel to Minneapolis to pay HELMS. Senator HELMS was the chair- rageous, compassionate, brave Amer- man of the Agriculture Committee tribute to the Wellstones’ two sons. ican, MAX CLELAND. The tragedy with Paul and Sheila and when I first came to the Senate. We Senator DEAN BARKLEY, our second their daughter is truly the saddest oc- formed a friendship at that time that Independent, came here from Min- casion of the past Congress. has endured, although I am sure it is nesota under trying circumstances. I Beyond those who will no longer be clear to anyone watching or listening had not known him before, but over the with us in the 108th Congress, just a that Senator HELMS and I have prob- last couple of weeks I got to know him, moment to pay tribute to two of our ably not agreed too much on too many and I have a great deal of respect for colleagues who are having birthdays things, but nonetheless, we have main- him for what he has done here. Very today. Senator BYRD, I know his age tained a very close friendship and re- few people serve for only a couple of but I shall not repeat it. That is up to spect for one another through all the weeks in the Senate and actually get a him to say, however, he finishes his years. I wish him the best in his retire- bill passed. Senator BARKLEY got his 50th year in the Congress of the United ment, and many happy years ahead for bill through, and I congratulate him States. He was elected to the House of our distinguished colleague, Senator for that. I thank him for his service Representatives in 1952 and the Senate HELMS. here and, again, wish him the best and For those Senators on this side, Sen- in 1958. I am glad to be able to have a hope he will stay involved in public af- ator BOB TORRICELLI, again, I thank few minutes on the floor of the Senate fairs, both in Minnesota and nation- him for all the work he has done, first to make a few comments. It is a little ally. hard to be recognized when Senator as the Chair of our Democratic Senate TRIBUTE TO SENATOR PAUL WELLSTONE BYRD is in the Chamber. Campaign Committee that ensured we I heard on National Public Radio, so had the wherewithal in the election be- Lastly, I want to pay my respects to the world knows, that JOE BIDEN is 60 fore last to win many elections and our departed friend, Senator Paul today. He was just elected to a sixth maintain our strength in the Senate. I Wellstone. I did not want this session term, which is really remarkable. wish Bob the best in his future endeav- to end without saying something for It is a great privilege to be a Member ors. the RECORD about the large gap left in of the Senate and to have had the op- For Senator JEAN CARNAHAN, again, I the Senate by the untimely death of portunity to work with these men and thank her for her 2 years of service PAUL WELLSTONE. women and to work for the people of here under very trying circumstances. Paul was my closest friend in the Pennsylvania, my State, and for the I was a close friend of her deceased hus- Senate. But in truth, Paul Wellstone people of the United States. band, Governor Mel Carnahan, who, as was one of those rare souls who so I yield the floor. we know, was lost in a tragic plane many saw as their best friend. He had The PRESIDING OFFICER. The Sen- crash a little over 2 years ago, right be- a powerful authenticity that made a ator from Iowa. fore the election, along with her son miner on the Iron Range know that he Mr. HARKIN. Mr. President, I join Randy. Senator CARNAHAN did a re- was as important to Paul as the Presi- my colleague from Pennsylvania and markably good job for Missouri and the dent of the United States. other colleagues who have recently Nation during these 2 years. She was Paul never had to proclaim his de- been on the floor today, first in ex- diligent, hard working, and fought very cency; it shone forth every day in great pressing happy birthday wishes to our hard for Missouri and her constituents. acts of political courage and small acts

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.092 S20PT2 S11698 CONGRESSIONAL RECORD — SENATE November 20, 2002 of human kindness. He never had to As a warrior for peace, Paul under- Paul Wellstone’s journey for justice, to ever say he cared. It just showed in stood this Nation’s duty to the men continue to speak out, to stand up and how he greeted the elevator operators and women who bear the scars of war. fight the good fight, and to lead our and the policemen outside. Sometimes Paul authored, fought for, and helped Nation with courage and conviction. we would walk over to the Hart Build- enact legislation to improve the living The times demand it. In the coming ing and talked to workers on the conditions of hundreds of thousands of days, may we all have the courage of ground. Everyone was a friend of Paul’s American veterans. This law ensures our friend, Paul Wellstone. and he always had a smile and a hand- that homeless veterans who suffer with Mr. President, I yield the floor and shake for everyone. alcoholism and drug addiction have suggest the absence of a quorum. We saw this in him every day, in doz- ready access to the treatment and care The PRESIDING OFFICER. The ens of ways, from that hand over there they need and deserve. clerk will call the roll. at his desk relentlessly chopping the Paul also made a courageous push for The legislative clerk proceeded to air as he stood on the floor speaking a policy whose time had passed and call the roll. for those who otherwise had no voice, should be done now, and that is mental Mr. REID. Mr. President, I ask unan- to the countless people he reached out health parity. Along with Senator imous consent that the order for the to help across his State and across the DOMENICI, Paul authored the Mental quorum call be rescinded. Nation. Health Parity Act of 1996, a The PRESIDING OFFICER. Without The hard-working folks he cared groundbreaking proposal ensuring objection, it is so ordered. about most didn’t have lobbyists or in- health care coverage of mental ill- fluence, but they had Paul Wellstone, nesses be provided on par with cov- f and he truly was their best friend. Ev- erage of other medical illnesses. In the WORKING WITH SENATORS DON eryone called him Paul—not just his final year of his life, he continued to NICKLES AND MITCH MCCONNELL colleagues but staff and citizens alike. push for the expansion of mental He would not have it any other way. No health coverage, again teaming with Mr. REID. Mr. President, when I first was elected to the House of Represent- one ever wore the title of ‘‘Senator’’ Senator DOMENICI to introduce the bi- better—or used it less. partisan Mental Health Equitable atives, I knew a man by the name of In the days since that terrible trag- Treatment Act, which could expand Cliff Young who had also served in the edy, we have seen an outpouring of parity for mental health insurance. House of Representatives for two or grief and admiration every bit as au- I hope that in the next Congress, the three terms, ran for the Senate, was thentic as Paul was himself. It is a Senate and the House will enact what I defeated, and then served for many tribute to him and to the yearning I hope will be deemed the Paul Wellstone years in the Nevada State Senate, and believe in this country for a politics Mental Health Parity Act, to finally then served in the supreme court, that can truly be the noble profession put mental health on the same plain, where he became the chief justice of of putting principle above the latest the same level as all other medical ill- the Nevada Supreme Court—that is polls. Paul truly was the soul of the nesses. also an elective job. At the end of this Senate. Sometimes he cast votes that Paul once said, ‘‘Politics is about year, he will retire. He is a wonderful even some of his friends disagreed what we create by what we do, what we man, a Republican, who rendered great with—on war or on welfare. But when hope for, and what we dare to imag- service to the State of Nevada and to he did, he was the mirror in which we, ine.’’ the country. The reason I mention his his colleagues, looked at ourselves and Paul didn’t just dare to imagine a name, however, is that he said: HARRY, searched our own hearts to ask wheth- better America—he helped to build it. you are going to Washington to serve er or not we were doing the right thing. Sure, he was willing to fight the lonely in the House. Make sure you do a cou- So we say thank you to the political fight when he thought it was right and ple of things. One is use the gym. You science professor whose measure of proper, but he also knew how to turn need to get some exercise. Also, make truth was never in political theory, but idealism and ideas, ideas into action to sure you do nothing to change the se- the impact that his decisions and ours improve people’s lives—investing in niority system. The seniority system is had on real people. education, expanding health care, the only thing that gives that body, Since he left us, Paul’s friends and fighting killer diseases such as Parkin- the House of Representatives, stability. admirers have focused on Paul son’s, helping homeless veterans, and He certainly spoke volumes when he Wellstone as the lone man in the arena veterans exposed to radiation. said that because it is absolutely true. fighting a battle against injustice. Because of what he did, family farm- The seniority system in the House has Paul Wellstone was that. But he was ers will have a better future. Because some faults, but at least it gives that also a doer who left behind a real of what he demanded, mental illness body stability. One of the things the record of accomplishment in the Sen- will be soon treated equally in our Gingrich-led Congress did to hurt the ate. health care system. Because of who he House was change the seniority sys- Paul was one of the Senate’s leading married—his wife Sheila—and because tem. voices for education, pushing for in- of her passionate charge, more women I mention that because there is going vestments in early education, for class and children will find safe harbor from to be a change in the Senate. MITCH size reduction, and for student finan- the scourge of domestic violence. MCCONNELL is going to take over for cial aid so working and middle-class Paul Wellstone left us at a time when DON NICKLES as the assistant Repub- families could afford to send their kids America needs him the most. He be- lican leader, their whip. That is being through college. And we worked to- lieved, as his champion and mentor Hu- brought about as a result of the fact gether tirelessly to increase the Fed- bert Humphrey once said, that ‘‘the that they do not follow the seniority eral Government’s investment in spe- moral test of Government is how that system there and have term limits on cial education, so students with dis- Government treats those who are in their jobs, except for the leader of the abilities could get the education that is the dawn of life, the children, those Republicans. That is a rule they have, their right. who are in the twilight of life, the el- and even though I think it is wrong and Paul Wellstone worked alongside derly, and those who are in the shad- I think they are making a mistake Senator DEWINE to pass sweeping re- ows of life, the sick, the disabled, and doing it, that is the way it is. forms of our Nation’s job training, the needy.’’ Having said that, I want to acknowl- adult education, and vocational reha- Those words, as much as anything edge publicly how I have enjoyed serv- bilitation programs. By streamlining else, form the focus of my public life ing with DON NICKLES as my counter- often confusing and overlapping pro- and, I hope, the true path of my polit- part on the minority side. DON NICKLES grams and paperwork, Paul Wellstone’s ical party. It is a course in conscience and I have worked together since I efforts are helping ensure that Amer- that Paul Wellstone tried to set for his came to the Senate. We were on the ica’s workers get the training and help party and his country. Appropriations Committee together. they need to stay on the job or to find But it now falls to each of us, those We served as chairman and ranking new employment. in the land of the living, to continue member on the Legislative Branch. We

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.094 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11699 did a lot of work together on the Inte- guished Senator Paul Wellstone. That the unemployment insurance com- rior Appropriations Committee. I al- legislation was the same as legislation pensation relief that we have passed in ways found him to be easy to work that Congress passed when the first this body. I have been a cosponsor with with, someone who is very set in his President Bush was in office in the other Members on this side of the aisle, views but would tell you how he felt. early 1990s. We tried to pass it. Unfor- as well as Senators CLINTON and That has not changed in all of the tunately, it was blocked by our Repub- SARBANES on the Democratic side. years I have known him. lican colleagues on eight different oc- I think we need to pass the legisla- The reason I admire and respect DON casions. tion over in the House which has al- NICKLES is I do not agree with a num- Again, let me repeat. That was what ready cleared this body. If we do not, ber of things he wants to do politically we had in place when the first Bush ad- benefits are going to fall off the cliff on and tries to do politically, but he be- ministration was in office. Unemploy- December 28, as the majority leader lieves in those things. These are ideo- ment benefits that were actually ex- stated. I hope the House will take up logical feelings he has, and I have great tended three times when President that important legislation and at least respect for people who do things based Bush Sr. was in office. extend the benefits until we can come The Senate then took up a bipartisan on ideology. So I am going to miss DON back and deal in the new year with this compromise to extend benefits for just NICKLES in this capacity, and I want issue. him to know that I have great admira- 3 months. Republicans and Democrats tion and respect for him, and I consider got together. On the 14th of November f the friendship we have developed over we passed a simple extension for 3 the years as something that is very im- months. Once again, the House refused portant to me. to act. PRESIDENTIAL AUTHORITY TO IN- I say to MITCH MCCONNELL, who is So we took what was originally ac- TRODUCE ARMED FORCES INTO going to take his place, that I welcome ceptable to the senior Bush administra- IRAQ him. He will be assistant to the Repub- tion, and that didn’t work with the Mr. BYRD. Mr. President, earlier this House. Then we passed what worked on lican leader, Senator LOTT, and will do year, I wrote to a number of constitu- both sides of the aisle here in the Sen- a good job for him, but also for the Re- tional scholars advising them that I ate for a simple 3-month extension, and publicans generally. I have told him was concerned about reports that our that too didn’t work for the House. this personally and I say publicly, any- Nation was coming closer to war with thing I can do to help the transition to Over the course of the last 48 hours, we have been involved with House lead- Iraq. I asked a number of esteemed aca- make it more smooth, I will be happy demics their opinion as to whether to do that. ership, asking if there was any possible they believed that the Bush adminis- MITCH MCCONNELL is someone whom compromise, any way that we could ex- tration had the authority, consistent I have gotten to know. MITCH MCCON- tend it for 2 months, 1 month, any way with the U.S. Constitution, to intro- NELL has held different leadership posi- that somehow we could send a message tions on the other side, including hav- to the almost one million people who duce U.S. Armed Forces into Iraq to re- ing been the campaign chairman, will lose their benefits on the 28th of move Saddam Hussein from power. where he did an excellent job. He December and to the 95,000 people who All of the scholars I consulted reserved in other capacities with the Re- will lose them each week following the sponded by stating that, under current publicans. A lot of times I disagree 28th of December. Hundreds of thou- circumstances, the President did not with what MITCH MCCONNELL does po- sands of people, ironically, right over have such authority. Several of the litically, but he never hides his feelings the Christmas holidays will lose any professors I consulted, namely Peter from anybody. Campaign finance re- opportunity to provide for their famil- Raven-Hansen of George Washington form: There was a train moving down iar with unemployment insurance. University Law School, and Philip the track, and he was the only one I must say I am disappointed to an- Trimble, Professor Emeritus of the brave enough to stand in front of it, nounce to my colleagues that once UCLA School of Law, were kind enough and he never left. I have admiration for again our House Republicans said no. to call and discuss their views on this his stand on that issue, even though I I have to say that I think it is a story subject with my office. I would like to disagree with what he wanted to try to right out of Charles Dickens. I can’t take this opportunity to thank them do. imagine that under these cir- for taking the time to provide me with So I will miss DON NICKLES. I wel- cumstances, even for a month, they their thoughts on this matter. come Senator MCCONNELL. I have great couldn’t see fit to act. Ebenezer While those professors contacted me respect for his abilities and look for- Scrooge had a last-minute conversion. by phone, others provided written re- ward to working with him. I hope that our Republican colleagues sponses. I have previously submitted in the House will do so. f for the RECORD the responses of profes- They are coming back on Friday and sors Michael Glennon of the Fletcher RECESS SUBJECT TO THE CALL OF the Senate’s bipartisan 3-month exten- School of Law and Diplomacy at Tufts, THE CHAIR sion is waiting. I would urge the Presi- Jane Stromseth of Georgetown Univer- Mr. REID. I ask unanimous consent dent—I ask President Bush—to call on sity Law Center, Laurence Tribe of that the Senate stand in recess subject the House Republican leadership to Harvard Law School, and William Van to the call of the Chair. recognize the consequences of their in- Alstyne of the Duke University School The PRESIDING OFFICER. Without action and pass our bipartisan unem- of Law. objection, it is so ordered. ployment extension. Now, I would like to submit four ad- Thereupon, the Senate, at 4:17 p.m., We were, as I said, prepared to take ditional responses I received on this recessed until 5:40 p.m. and reassem- whatever action necessary. We would same subject from professors Jules bled when called to order by the Pre- have stayed in session if we had to to Lobel of the University of Pittsburgh siding Officer (Mr. DAYTON). accommodate something that the School of Law, Thomas M. Franck of f House could have done to extend those benefits for a couple of months, which the New York University School of UNEMPLOYMENT INSURANCE would have allowed us to work out Law, Bruce Ackerman of Yale Law EXTENSION something for a longer period of time. School, and Larry Sabato of the Uni- Mr. DASCHLE. Mr. President, I come That is my plea, my hope, recog- versity of Virginia. I found their anal- to the floor to make one final plea with nizing, as I say, that hundreds of thou- yses of this important issue to be ex- regard to unemployment compensa- sands of people will be affected at the ceptionally learned and informative. tion. It is important to remember what worst possible time of the year. For this reason, I ask unanimous con- the Senate has done as we reflect back I again renew that request. I urge the sent that their responses be printed in over the last many months in our ef- President to act. I urge our House col- the RECORD. forts to deal with this issue. leagues to reconsider. There being no objection, the mate- We offered an amendment that was Mr. FITZGERALD. Mr. President, I rial was ordered to be printed in the sponsored by our departed, distin- want to call upon the House to act on RECORD, as follows:

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UNIVERSITY OF PITTSBURGH and even past Administrations have recog- language of Section 2 of the Act authorizes SCHOOL OF LAW nized that offensive action involving signifi- the President to use force against nations he Pittsburgh, Pennsylvania, August 2, 2002. cant numbers of U.S. troops facing a sub- determines planned, authorized, committed Senator ROBERT C. BYRD, stantial enemy requires congressional ap- or aided the terrorist attacks that occurred U.S. Senate, Committee on Appropriations, proval. See, e.g., Mitchell v. Laird, 488 F.2d 611, on September 11, 2001, or harbored organiza- Washington, DC. 613–14 (D.C. Cir. 1973); Berk v. Laird, 429 F.2d tions or individuals who planned those at- DEAR SENATOR BYRD: Thank you for your 302, 305 (2d Cir. 1970); Moore, The National Ex- tacks, in order to prevent any future acts of letter of July 22, 2002 requesting my analysis ecutive and the Use of the Armed Forces international terrorism by such organiza- of President Bush’s constitutional and/or Abroad, in 2 The Vietnam War and Inter- tions. To date, the Executive Branch has of- legislative authority to introduce U.S. national Law 808, 814 (Falk ed. 1969). See also fered no evidence that Iraq planned, aided or Armed Forces into Iraq for the purpose of re- Moore, Emergency War Powers, the U.S. Con- harbored Al Qaeda in connection with the moving Saddam Hussein from power. I too, stitution and the Power to Go to War, 159, 161 September 11 attacks. The statute is clear am deeply concerned that the Bush Adminis- in The U.S. Constitution and the Power to that the authorization is limited to using tration is moving toward war with Iraq, and Go to War (Gary Stein & Morton Halpern force in connection with responding to na- doing so without congressional authoriza- eds., 1994); Peter Spiro, War Powers and the tions, organizations and individuals con- tion. I only received your letter Thursday, Sirens of Formalism, 68 N.Y.U. Rev. 1338, 1353 nected with the September 11 attack, and did August 1 and unfortunately leave for vaca- (1993). See also Joseph Biden & John Pitch III, not authorize any broad based response to all tion on Saturday August 3rd. Because of the The War Power at a Constitutional Impasse: A forms of international terrorism. Indeed, the importance of this issue, I intend to send you Joint Decision Solution, 77 Georgetown L.J. original bill that the President submitted for my opinion analysis today by FAX. 367, 400 (1988); Major Geoffrey S. Corn, authorization was so broad as to plausibly authorize an attack on Iraq. Congress re- Presidential War Power: Do the Courts Offer I. PRESIDENT’S CONSTITUTIONAL AUTHORITY fused to enact the President’s proposed bill; Any Answers?, 157 Mil. L. Rev. 180, 252 (1998) As you correctly state, Article I, Section 8 instead agreeing on the much narrower lan- (‘‘Certainly the initiation of significant of- of the Constitution provides Congress the guage currently contained in Section 2 of fensive hostilities in such a policy decision, power to, among other things, declare war. Pub. L. No. 107–40. (It also provides an important power which which under our constitutional system of Nor does Pub. L. No. 102–1, authorizing the is omitted from your letter, but which I and government should not be made without the President to use force in 1991 to reverse other scholars have argued was designed to approval of Congress.’’) See also Letter of As- Iraq’s illegal invasion of Kuwait, provide any prevent the President from unilaterally en- sistant Attorney General Walter Dellinger, authorization for a current assault to re- gaging in reprisals, or limited wars—the September 27, 1994, reprinted at 89 Am. J. move Saddam Hussein. I understand the Ad- power to issue letters of marque and re- Int’l 122, 126 (1995) (recognizing that where ministration’s argument to be that since prisal.) U.S. forces attacked another country with- Iraq has not complied with the cease fire res- The meaning of the power to declare war is out the consent of the recognized govern- olution 687 ending the 1991 war, Resolution course, contested, with Presidents at times ment, leading to prolonged hostilities, in- 678 is revived, and thus both the Security asserting the power to engage U.S. troops flicting substantial casualties on the enemy, Council’s and Congress’ authorization of abroad in various limited actions. I, along and involving such ‘‘extreme’’ uses of force force against Iraq pursuant to Resolution 678 with many other constitutional scholars be- as sustained air ‘‘bombardment,’’ the United are revived. This position is clearly erro- lieve that the Constitution requires congres- States was engaged in ‘‘war’’ for constitu- neous and has been continuously rejected by sional authorization for all non-defensive, tional purposes requiring congressional au- the Security Council. Michael Ratner and I non-emergency deployment of U.S. forces in thorization). wrote a lengthy article published in the combat against another country.1 Nonethe- William P. Rogers, when he was President American Journal of International Law, 93 less, proponents of Executive power argue Nixon’s Secretary of State, argued that Con- Am. J. Int’l Law 124 (1999), refuting this posi- that the President can initiate minor uses of gress’ power to declare war is not ‘‘purely tion which had been articulated by the Clin- force without obtaining congressional ap- symbolic’’: ton Administration. To summarize our gen- proval. Despite this dispute, virtually all ‘‘While the legislative form in which the eral view: scholars agree with Judge Greene’s interpre- power is exercised may change, nevertheless (1) Permanent cease fires such as occurred tation of the war powers clause in the case of the constitutional imperative remains: if the after the 1991 war generally terminate any Dellums v. Bush: where ‘‘the forces involved nation is to be taken into war, the critical U.N. authorization of force and such author- are of such magnitude and significance as to decisions must be made only after the most izations are not revived by any purported present no serious claim that a war would searching examination and on the basis of a material breach by one side to the conflict. not ensue if they became engaged in com- national consensus, and they must be truly (2) Article 34 of Resolution 687 is quite ex- bat,’’ Congress has the authority under the representative of the will of the people. For plicit that the Security Council, and not individual states, has the authority to deter- Constitution to decide upon whether to go to this reason, we must ensure that such deci- mine whether Iraq has violated Resolution war. 752 F. Supp. 1141, (D.D.C. 1990). In sions reflect the effective exercise by the 687 and also what ‘‘further steps,’’ including Dellums, Judge Greene held that in the con- Congress and the President of their respec- presumably the use of force, to take in order text of the U.S. threat of war against Iraq tive constitutional responsibilities.’’ William Rogers, Congress, the President and to implement that Resolution. over its invasion of Kuwait, ‘‘the Court has War Powers, 59 Cal. L. Rev. 1194, 1212 (1971). (3) The history of Resolution 687 also sup- no hesitation in concluding that an offensive Therefore, I conclude that any invasion of ports the conclusion that it terminated the entry into Iraq by several hundred thousand Iraq to remove Saddam Hussein would in- authorization of force contained in Resolu- United States servicemen . . . could be de- volve such significant forces and significant tion 678. After the suspension of hostilities scribed as a ‘war’ within the meaning of Ar- casualties so as to be inescapably cat- in 1991, a provisional cease fire, Resolution ticle I, Section 8, Clause II of the Constitu- egorized as a war which under Article I, Sec- 686 was adopted. Resolution 686 explicitly re- tion’’ To put it another way: the Court is not tion 8 must be authorized by Congress. fers to Resolution 678 and ‘‘recognizes’’ that prepared to read out of the Constitution the II. WAR POWERS RESOLUTION it ‘‘remain[s] valid’’ during the period re- clause granting to the Congress, and to it quired for Iraq to comply with the provi- The War Powers Resolution clearly would alone, the authority ‘‘to declare war.’’ 752 F. sional cease fire’s terms. The Security Coun- apply to any U.S. effort to attack Iraq to re- Supp., supra at 1146. cil dropped that language in Resolution 687 move Saddam Hussein, since such an effort In the present situation the magnitude and which, unlike 686 does not recognize that would introduce U.S. Armed Forces into im- significance of any United States invasion of Resolution 687 remains valid. Of all the de- minent or actual hostilities. Therefore Sec- Iraq to overthrow Saddam Hussein requires tailed provisions in the cease-fire, only para- congressional approval. The courts, scholars tion 4(b)’s limitation on such action to 60 (or graph 4 guaranteeing the inviolability of the 90) days would apply, as would the reporting Iraq-Kuwait border contains language au- or consulting provisions of the Resolution. I 1 Jules Lobel, Little Wars and the Constitution, 50 thorizing the use of force, and then only by would also argue that the Resolution was not MIAMI L. REV. 61 (1995). See letter dated October 14, the Security Council and not by individual 1994 from Professors Bruce Ackerman (Yale), Abram intended to, nor can it override the Constitu- states. That the Council decided to guar- Chayes (Harvard), Lori Damrosch (Columbia), John tion’s clear proscription that only Congress antee Kuwait’s boundary by force if nec- Hart Ely (Stanford and Miami visiting), Gerald Gun- can decide to engage the U.S. in an offensive essary—a guarantee that is central to both ther (Stanford), Louis Henkin (Columbia), Harold attack on another country. Therefore, prior Hongju Koh (Yale), Philip B. Kurland (Chicago), Article 2(4) of the Charter and the 1991 Per- to any such invasion, congressional author- sian Gulf war—excludes an interpretation of Laurence H. Tribe (Harvard), and William Van ization must be sought and obtained by the Alystyne (Duke) reprinted 89 Am. J. Int’l L. 127, 130 Resolution 687 as continuing the Resolution (1995) (Constitution ‘‘reserves to Congress alone the President. 687 authorization so as to allow individual prerogative and duty to authorize initiation of hos- III. POTENTIAL LEGISLATIVE AUTHORITY FOR nations to use force to rectify other, presum- tilities’’). (See also letter dated August 24, 1994 from WAR AGAINST IRAQ ably less central violations. It would be il- same professors requesting that President Clinton You also ask about two potential legisla- logical for Resolution 687 to require Security seek and obtain Congress’ express prior approval before launching a military invasion of Haiti.) See also tive sources of authority for a Presidential Council action to authorize force against Ely, War and Responsibility, supra at p. 1, 66–67; Louis decision to use force against Iraq. Public threatened boundary violations, yet dispense Henkin, Constitutionalism, Democracy and Foreign Af- Law No. 107–40 does not provide authoriza- with such action if Iraq violated another pro- fairs 40 n.* (1990). tion for the President to attack Iraq. The vision of the resolution.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.093 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11701 (4) The subsequent history of the efforts to sity of Miami Law Review, American Jour- in validating, rather than invalidating, pres- enforce Resolution 687 demonstrates that nal of International Law and other journals. idential war-making. only the Security Council could authorize I apologize for this rushed answer to your (2) Pub. L. No. 107–40 (9/18/01). This wildly the use of force to enforce that Resolution’s letter, but I wanted to get you a response be- overbroad authorization for presidential war- terms. Resolution 1154 adopted on March 2, fore leaving on vacation. As you can see, I, making—more recently egregiously echoed 1998 clarified the view of a majority of the like you, have a deep concern about these in legislation authorizing presidential use of Council that its explicit authorization was constitutional issues, and would be happy to force in connection with Americans who may required to renew the use of force. As the assist you or other legislators in any manner be surrendered to the International Criminal Russian delegate noted, ‘‘No one can ignore to ensure that these questions are properly Court by foreign governments—allows the the resolution adopted today and attempt to debated and voted on by Congress. I will be President broad latitude to use force against act by bypassing the Security Council.’’ out of my office for several weeks, but will any nation ‘‘he determines’’ to have Similarly, France stated that the resolution call in for messages and would be available ‘‘planned, authorized, committed, or aided was designed ‘‘to underscore the prerogatives for any consultation you might wish. My of- the terrorist attacks that occurred on Sep- of the Security Council in a way that ex- fice number is 412–648–1375 and my FAX num- tember 11, 2001.’’ And it even specifies that cludes any question of automaticity . . . It is ber is 412–648–2649. this broad delegation constitutes authoriza- the Security Council that must evaluate the Yours truly, tion under Section 5(b) of the War Powers behavior of a country, if necessary to deter- JULES LOBEL. Resolution. ‘‘He determines’’ seems to con- mine any possible violations, and to take the vey unlimited discretion It can be argued, appropriate decisions.’’ Other members of UNIVERSITY OF PITTSBURGH however, that such ‘‘he determines’’ lan- the Security Council concurred. SCHOOL OF LAW, guage has been defined by courts in review- Moreover, even if the Administration is Pittsburgh, PA, October 3, 2002. ing other examples of delegates executive/ad- correct and as a matter of international law Hon. ROBERT BYRD, ministrative authority as implying that the Resolution 678 is still in effect and con- U.S. Senate, authority must be exercised reasonably and stitutes a U.N. authorization of force, the c/o Kathleen Hatfield. justifiably. It can be further argued, accord- congressional authorization of force in Pub. DEAR SENATOR BYRD: Article 2(4) of the UN ingly, that the President must justify the L. No. 102–1 is significantly narrower than Charter prohibits preemptive attacks on reasonableness of his determination to the Resolution 678. Prior Administrations have other nations. The Charter only allows a na- Congress. It is not, however, a very powerful pointed out that Resolution 678 not only au- tion to use force (1) in self-defense where it argument and, in the end, it still leaves thorized force to enforce the exant Security has either been attacked or faces eminent at- broad discretion with the President. It can Council Resolutions, but also to ‘‘restore tack, or (2) when the Security Council au- also be argued that the delegation was international peace and security in the thorizes such use of force. Article 6 of the meant to be tied to the events of September area,’’ which could conceivably be read to U.S. Constitution makes treaty provisions 11 and that the President’s authority there- authorize removing Saddam Hussein from such as Article 2(4) of the UN Charter part of fore does not extend to the use of force when power. However, Pub. L. No. 102–1 contains the ‘‘supreme law of the land.’’ there is no demonstrable connection to those no equivalent language. The congressional For Congress to authorize a preemptive at- events. authorization only permits the President to tack on Iraq without imposing a condition (3) Pub. L. No. 102–1 (1/14/91). This provision use force pursuant to Resolution 678 ‘‘in that the UN Security Council first approve is interpreted by the Executive as author- order to achieve implementation of Security such force would therefore violate both the izing the use of force against Iraq for an in- Council Resolutions 600, 661, 662, 664, 665, 666, Charter and our own supreme law. The gen- definite period of time. Congress, however, 667, 669, 670, 674 and 677. Since those resolu- eral assumption has been that Congress wisely tied the authorization to the use of tions have now all been implemented and are should not and cannot authorize aggressive force ‘‘pursuant to United Nations Security not now at issue (Resolution 687 is of course war. Indeed, the prohibition on aggression is Council Resolution 678 (1990).’’ The force of not mentioned in Pub. L. No. 102–1), that law considered a fundamental, peremptory norm argument that this authorization continues can not by any conceivable argument be in- of international law and the D.C. Circuit to be in effect therefore depends on whether terpreted to authorize the use of force in the Court of Appeals has suggested that Con- the Security Council Resolution 678 remains current situation. gress does not have the Constitutional au- effective. That question compels consider- The Administration will undoubtedly thority to authorize actions that violate ation of international law: particularly, Se- argue that it has been using force against such norms. CUSCLIN v. Reagan, 859 F2d 929, curity Council Resolution 687 of 3 April 1991, Iraq for the past decade, enforcing the no fly 941 (D.C.Cir. 1988). which established a cease-fire but imposed zones, and occasionally bombing Iraq, such Therefore, if Congress wants to act legally, on Iraq a weapons monitoring regime as to as the December 1998 four days of air strikes. it must at minimum include in any author- which it is now clearly in violation. It is un- Those uses of force in my opinion and the ization a requirement that the Security clear from the text of Resolution 687 whether opinion of many experts, and majority of the Council first approve the use of force before this meant to continue, suspend, or termi- Security Council have been illegal and un- the President launches such attack. Includ- nate Resolution 678. Two considerations are constitutional. That Congress may have for ing such a condition will also hopefully force relevant. One is that para. 33 of S/Res/687 de- political reasons acquiesced in or not strong- Congress to discuss and debate the legality clares that, on the acceptance of the condi- ly opposed such actions does not, in my opin- of preemptive strikes. tions set by the Council, ‘‘a formal ceasefire ion, make them constitutional. Sincerely, is effective’’ between Iraq and its opponents Moreover, whatever the constitutional and JULES LOBEL, and that (para. 34) the council declares itself international legality of those relatively Professor of Law. ‘‘to remain seized of the matter’’ and retains minor uses of force, what the Administration for itself the power ‘‘to take such further now proposes is of a totally different char- NEW YORK UNIVERSITY steps as may be required for the implementa- acter—both in magnitude and purpose. The SCHOOL OF LAW, tion of the present resolution and to secure scale, magnitude and significant of an inva- New York, NY, September 4, 2002. peace and security in the area.’’ This does sion of Iraq to remove Saddam Hussein can Senator ROBERT C. BYRD, not seem to authorize states to use force not conceivably be covered by enforcing the Chairman, Committee on Appropriations, U.S. whenever they deem Resolution 687 to have no-fly zone and intermittent bombing prece- Senate, Washington, DC. been violated, but, rather, makes such action dent. What is clearly required in the present DEAR SENATOR BYRD: I regret that my ab- conditional on specific new Security Council situation is an open congressional debate sence, until yesterday, has delayed my reauthorization. (Note that, even were such and new authorization of force. sponse to your letter of July 22, 2002. The new authorization forthcoming, it would not I have been involved in constitutional War issues as to which you have asked me to automatically revive the authority Congress Powers issues for many years, both as a comment are ones of great importance to the gave the President under Pub. L. No. 102–1.) scholar and as a litagtor. As a litigator, I constitutional structure that underpins our The other consideration is that the Council have been bipartisan in opposing presidential freedoms as Americans. I have therefore has never passed a resolution objecting to uses of force without congressional author- drafted a bare-bones response for the sake of the many instances in which the U.S. and its ity. I was lead counsel for 57 democratic leg- timeliness, but would be glad to provide fur- allies have acted on their own (for example, islators who challenged the elder President ther comment and sources as to any part of by establishing and enforcing ‘‘no-fly Bush’s plan to go to war to drive Iraq from this submission. zones’’). This omission by the Security Coun- Kuwait without receiving congressional au- (1) The War Powers Resolution. Because of cil is better understood, however, in terms of thorization. I was also lead counsel for a its unsatisfactory drafting, the President’s the realities of the ‘‘veto’’ in the Council, group of predominantly Republican members obligations towards Congress are quite lim- and its deterrent effect, than as evidence of of Congress led by Congressman Campbell ited. Under Section 5(b) the President has Council acquiescence in such use of force. who challenged President Clinton’s bombing broad authority to conduct hostilities before In sum: of Yugoslavia in response to the Kosovo cri- Congress’ approval is required. Since the pro- (1) The war Powers Resolution does not sis. I have also written on issues involving vision of Section 5(c) has been rendered mi- help Congress, and this may further illus- constitutional war powers, with articles in gratory by decision of the Supreme Court de- trate the need for its repeal. the Harvard International Law Journal, Uni- claring the ‘‘legislative veto’’ essentially un- (2) Congress gave away far too much of its versity of Pennsylvania Law Review, Univer- constitutional, the Act now has more force power in enacting Pub. L. No. 107–40 and

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.095 S20PT2 S11702 CONGRESSIONAL RECORD — SENATE November 20, 2002 should avoid such extremely broad author- Rather than pointing to a clear boundary- stretch, a result-oriented rationalization izations—in futuro and extending to uncer- crossing, he will be offering circumstantial that would be unwise and constitutionally tain circumstances—of war-making author- evidence of Iraq’s atomic and biological suspect. ity. Nevertheless, it can be argued that the weapons program. If this evidence is truly Given the constitutional imperatives of authority must be read to include a persuasive, he should have no trouble con- war-making, it is difficult to understand how ‘‘reasonably justified’’ standard for its exer- vincing a majority of Congress. But if the any President could argue that Congress cise. president attempts to skirt Congress, it will (3) Pub. L. No. 102–1 does not authorize the cast doubt on whether his claims can survive does not have a co-equal role to play in an use of force against Iraq because it is limited a fair test in the court of public opinion. act of war by this country against another to war-making under the aegis of Security Nor is time of the essence. We aren’t deal- sovereign state. This is especially true in a Council Resolution 678, which was suspended ing with a situation where Iraqi troops can case such as Iraq, where immediate attack is by Security Council Resolution 687. dig in while Congress dithers. not required, and where planning and build- I hope this will be of some assistance. With A second American invasion would, at up for war will take many weeks. Let’s note, good wishes, most, prevent a future threat to national se- too, that these preparations will hardly be a Cordially yours, curity. Nobody seriously suggests that a de- secret, and that they will be reported in THOMAS M. FRANCK, bate of a week or a month would cause per- some detail to the American people, and in- Professor of Law Emeritus. manent damage. deed the entire world, including the enemy There is no good reason for Bush to deviate state. [From the Los Angeles Times, May 31, 2002] from the precedent set by his father in 1991. My own academic specially is politics, and BUSH MUST AVOID SHORTCUTS ON ROAD TO But aren’t we already embarked on a ‘‘war here the case for full congressional consulta- WAR against terrorism’’? In invading Iraq, isn’t tion is overwhelming. A President who un- (By Bruce Ackerman) the president simply opening another front dertakes a risky foreign war without the ex- President Bush has been busy reassuring in an ongoing struggle? This might serve as pressed support of the American people is Europeans that he ‘‘has no war plans’’ on his a TV sound bite, but it is nonsense as a mat- courting disaster. Since (blessedly) we do not desk for an invasion of Iraq. Such state- ter of law. ments can only evoke concern at home. Even Up until now, Congress authorized have any process for national referendum, when the president receives his plans from ‘‘necessary and appropriate force’’ only and since our system of government is rep- the military, he lacks the authority to exe- against those who ‘‘aided the terrorist at- resentative democracy, the logical institu- cute them. The Constitution makes him tacks that occurred on Sept. 11.’’ The Bush tion to provide both careful, elite review and commander in chief, but only Congress can administration has failed to implicate Hus- broad, popular mandate for any proposed war declare war. sein in those attacks. If a second invasion of is the Congress. Presidents have often un- We have been here before. Iraq is justified, it is because of a future wisely tried to avoid this step, preferring Two days after the congressional elections threat. complete executive branch control. But sure- of 1990, the first President Bush ordered a The real question is how the administra- ly a lingering, invaluable lesson from the massive increase of American troops for an tion meets its constitutional responsibil- United States’ tragic involvement in Viet- offensive against Iraq. Dick Cheney, then De- ities. The first President Bush did not aban- nam is the necessity to bring along the con- fense secretary, publicly announced that the don unilateralism without a fight. Will his gress, and through it, the American people, son also escalate the institutional confronta- president did not ‘‘require any additional au- in a united commitment to succeed whenever tion at home as he accelerates war prepara- thorization from the Congress before com- the lives of our soldiers and our national tions abroad? mitting U.S. forces to achieve our objec- treasure are on the line. tives.’’ This is no time for constitutional brink- Fifty-four members of Congress responded manship. The president should take the first While initially reluctant to seek congres- by going to court and demanding an injunc- opportunity to say that he respects the con- sional authorization for the Persian Gulf tion against military action until both stitutional precedents established during the War in 1990–91, President George H.W. Bush houses gave their explicit approval. The ad- Gulf War. It will be tough enough to con- correctly asked for and received the support ministration was unimpressed by the law- front the prospect of a major war soberly of the Congress after a healthy, high-toned, suit. It told the court to stay out and treat without attempting an end run around the and memorable debate. At the time, no one the matter as a ‘‘political question.’’ people’s representatives. knew for sure that the war with Saddam The case speedily came to trial in federal Hussein could be won so quickly and easily. district court, where Judge Harold Greene CENTER FOR POLITICS, If the fortunes of war had not been so favor- roundly rejected the president’s claims. Charlottesville, VA, August 28, 2002. able to our country, and the Persian gulf While handing Congress a victory on the Hon. ROBERT C. BYRD, conflict had taken many months to win, merits, Greene was more cautious when it U.S. Senate, President Bush would have been especially came to a remedy. In his view, the time was Washington, DC. not yet ripe for decisive judicial interven- grateful for that congressional vote to pro- DEAR SENATOR BYRD: Thank you for re- ceed. It would have provided a firm basis for tion. As far as he could tell, a peaceful set- questing my views on the U.S. constitutional tlement with Iraq was still possible, and it sustaining support and prosecuting the war and political questions surrounding presi- until victory was complete. So it will be in wasn’t clear whether a majority of Congress dential war-making authority, especially as 2002–03 in any new war with Iraq. Saddam would oppose the war if negotiations broke they apply to the current situation with Hussein may or may not fall quickly, and down. So why intervene when the whole Iraq. I am happy to offer them, for whatever issue might dissolve and make judicial intru- they may be worth, and I will attempt to do the post-war turmoil may or may not engulf sion unnecessary? so in un-professorial fashion, by being rel- the Middle East and entangle the United The next move was up to the elder Presi- atively brief. States for months or years. But come what dent Bush: He might press on unilaterally It is clear that the Founders fully trusted may, a congressional vote of authorization and challenge Congress to return to Greene’s neither the Executive nor the Legislature would provide President George W. Bush court for an injunction once war was clearly with war powers, and so they divided them— with the political support to ask for patience in the cards. Or he could call a halt to the es- making the President the commander-in- and sacrifice, should they be needed, over a calating institutional battle and ask both chief and giving to the Congress the right to lengthy period of time. Our elected leaders houses explicitly to authorize the war. declare war. A reasonable inference, then, is in both representatives branches would have This was an easy choice for the public: that the Founders expected the two elective given proper constitutional consent, and as a Polls showed that more than 70% favored ex- branches to share war powers, and to check nation, we would all be in it together, to do plicit congressional authorization. After mulling over the matter, the presi- and balance one another in this life-and- what it take to win for as long as it takes to dent bowed to the combination of law and death arena, as in so many other areas of win. public opinion. In January 1991, he dropped governmental authority. Neither the 20th And what if the Congress, in its wisdom, Century history of executive usurpation of his unilateralist claim and formally re- should choose not to authorize a war with congressional war powers, nor the various in- quested both houses to approve the attack Iraq at this time? Then our political system terpretations and applications of the War against Saddam Hussein. would have worked equally well. For if one The first shot was fired only after Congress Powers Resolution since 1973, can change this fundamental truth. Simply put, the ex- or both houses of Congress should choose to gave its consent. say no, it would mean that Congress sees The argument for legislative authorization ecutive usurpation in the last century was that a war with Iraq has consequences too is more compelling the second time around. constitutionally flawed. Moreover, the un- In 1991, the country was responding to a questioned legislative goal of the War Pow- serious to risk, or that such a war would not clear act of aggression. Nobody could doubt ers Resolution was to return to the Found- have the requisite support of the American that Iraq had invaded Kuwait. And a lengthy ers’ original intent—that the Congress people. With the failure of Vietnam as well congressional debate might have cost Amer- should be thoroughly involved, and not just as the success of the Persian Gulf War in ican lives because Hussein’s soldiers would informed or ‘consulted’ after the fact, in this mind, the Congress might decide that this have had more time to prepare for the inva- nation’s acts of war. Unilateral presidential war could be closer to the former than the sion. action in Iraq based on S.J.Res.23 (enacted later. And should Congress so decide, and The second President Bush can’t take ad- after September 11, 2001) or the Congress’ make this case convincingly to the citizenry, vantage of either extenuating factor. ‘‘Iraq Resolution’’ of 1991 would be a real then surely the nation would be grateful

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.097 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11703 since one Vietnam is enough for all of Amer- By the end of this year, that number Many Senators have played important ican history. will increase to 2.1 million individuals. roles in this legislation, but it could Senator, I hope this analysis has been of Those are the individuals at greatest not have been done without the con- some assistance to you. Please let me know if I can help in any other way. And please risk for falling through the social safe- tributions of our staff. Without the aid also accept my warm wishes and genuine ad- ty net we have provided for them. of these individuals, the work of this miration for your work on our behalf. This illustrates the critical need for institution would be impossible to ac- Yours sincerely, an extension of unemployment insur- complish. I would like to recognize the LARRY J. SABATO, ance that makes sense. hard work and dedication of those staff Director, U. VA. Center for Politics & When the national economy was members whose contributions to this University Professor of Politics. booming 2 years ago, California was legislation have been critical and with- Mrs. FEINSTEIN. Mr. President, I particularly blessed. California’s econ- out whom we would not have been able rise to address the fact that by the end omy grew at double-digit rates, and to pass this bill. of the year more than 2 million Ameri- California become the fifth-largest On the Democrat side of the aisle, I cans will have exhausted their unem- economy in the world. want to recognize the contributions of ployment insurance. Billions of dollars of investment Senator LIEBERMAN’S staff—especially There is no more pressing issue fac- flowed into our State, and thousands of his staff director, Joyce Rechtschaffen, ing our Nation’s workforce, and yet talented workers moved to California as well as Laurie Rubenstein, Mike Al- Congress has chosen to put partisan- to take advantages of opportunities in exander, Kiersten Coon, Holly Idelson, ship ahead of what nearly everyone Silicon Valley and other growth en- Kevin Landy, Larry Novey, and Susan agrees is smart policy. gines of the New Economy. Now that Propper. I would also like to acknowl- By passing widely divergent bills, the picture is dramatically different. edge the contributions of Sarah Walter House and the Senate have virtually A recent report by a group of econo- of Senator BREAUX’S staff, David Cul- ensured that on December 28 of this mists at UCLA predicted that Califor- ver of Senator BEN NELSON’S staff, and year thousands of workers will be in nia’s unemployment rate will rise to Alex Albert of Senator MILLER’S staff. the impossible position of trying to 6.5 percent next year, and that nonfarm On the Republican side, I would espe- feed, clothe, and house their families jobs in the San Francisco Bay area cially like to thank Richard Hertling, with no work and no benefits. contracted by an annual rate of 4.6 per- Senator THOMPSON’S Staff Director I strongly support the Emergency cent between April and June of this who, along with Rohit Kumar of my Unemployment Compensation Act of year. After dropping to a decade-long staff, was integral in the drafting of 2002, a bipartisan compromise bill low of 4.7 percent in December of 2000, the bill that we are sending to the which was introduced in the Senate in the unemployment rate is back up to President. I would also like to com- late September. 6.4 percent as of the end of October. pliment the rest of Senator This bill, introduced by Senators The number of Californians receiving THOMPSON’S staff—Libby Wood Jarvis, Wellstone, CLINTON, and KENNEDY, with unemployment benefits has increased Ellen Brown, Bill Outhier, Mason the support of 33 Senators, extends un- to 470,000 from 430,000 1 year ago. Alinger, Alison Bean, John Daggett, employment benefits nationwide for 13 During this period of great economic Johanna Hardy, Stephanie Henning, weeks, and provides 20 weeks of ex- hardship, we have a duty to give people Morgan Muchnick, Jayson Roehl, Jana tended benefits for California and other the chance to get back onto their feet. Sinclair, Elizabeth VanDersarl and high unemployment States. This is an obligation that we have met Allen Lomax—all of whom played an It provides crucial temporary assist- in the past, most recently when faced important role in crafting this legisla- ance to those who have been hardest with an economic downturn during the tion. Senator GRAMM’S Legislative Di- hit by the current economic downturn, first Bush administration. rector, Mike Solon, and David and provides them a chance to support The Senate voted in 1991 to extend Morgenstern of Senator CHAFEE’S staff themselves and their families while temporary unemployment insurance on also played very important roles in the they look for work. five separate occasions. Each time such process. Although the compromise bill passed extensions were approved by over- Finally, I would like to acknowledge by the Senate does not include the 20- whelming bipartisan majorities. the efforts of those individuals from week extension that is vital to States Therefore, I call on the House and the other body and from the White such as California, which suffer from a Senate leadership to ensure that an ex- House, all of whom dedicated signifi- higher unemployment rate than the tension of unemployment benefits for a cant time and effort to this bill. From national average, it provides a mean- full 13 weeks be the first item consid- the House of Representatives, the ef- ingful extension that could help Amer- ered during the 108th Congress. Al- forts of the House Select Committee ican families, especially during the though that will not prevent the expi- staff—in particular Hugh Halpern, Paul Christmas holiday. ration of benefits for many Americans, Morrell and especially Margaret Let me stress that this bill is the it will provide a fairly rapid restora- Peterlin—were absolutely essential to product of bipartisan compromise, and tion of benefits to those who will be drafting the compromise language. is supported by Senator NICKLES and cut off at the end of the year. From the White House, I would like other Republicans who have been vocal With that goal in mind, I have sent a to thank Ziad Ojakli, Christine on this issue. letter to Speaker HASTERT and Senator Ciconne, Heather Wingate of the Legis- At the moment, millions of Ameri- LOTT with the signatures of more than lative Affairs Office, Wendy Grubbs, cans have lost their job and are unable 40 of my colleagues in the Senate, ask- Michael Allen, Richard Falkenrath, to find another, despite their efforts to ing them to bring up an extension of Sally Canfield and especially Lucy reenter the labor force. The number of unemployment insurance immediately Clark from Governor Ridge’s Office of Americans unable to find employment upon reconvening next year. Homeland Security, Christine has increased from 5.7 million at the Let me be clear: by ducking this Burgeson from the Office of Manage- end of 2000 to more than 8.2 million issue we seem to be hoping that this ment and Budget, Brad Berenson from today. problem will disappear. the White House Counsel’s office, and Even more disturbing, due to contin- It will not, and if we do not address Joel Kaplan from Chief of Staff Andy ued economic weakness, the number of it now, we will not be living up to our Card’s office for their assistance in put- Americans who have been out of work obligation to the families of this Na- ting together this legislation. Without for over 6 months has almost doubled tion. their efforts and cooperation, this bill from 900,000 to 1.5 million in the past f could not have come to pass. year. These staff members have worked Between May and July of this year, RECOGNIZING STAFF INVOLVED IN diligently and largely in anonymity. approximately 900,000 workers ex- HOMELAND SECURITY Given all that they have done in serv- hausted the benefits made available Mr. LOTT. Mr. President, putting the ice to their country, I think it is appro- through the extension that was passed homeland security bill together has priate to recognize their work publicly, in March. been a difficult almost herculean task. so that the rest of the country knows,

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.101 S20PT2 S11704 CONGRESSIONAL RECORD — SENATE November 20, 2002 as we all know, how well we are served Fortunately for Missouri and for us, a difference and I will miss her very by our staff. she volunteered to serve, motivated by much. f a desire to further the work that Mel JEAN will enjoy spending time on her and she had done together to help the family farm in Rolla, Missouri, visiting TRIBUTE TO DEPARTING people of Missouri. with her children and grandchildren. SENATORS Talk about severe stress! Loss of her And I expect her to continue writing Mr. REID. Mr. President, I rise to beloved husband, her high school books, giving speeches and advice. She pay tribute to our colleagues who are sweetheart, lifelong companion, loss of has much to say, and we would do well leaving the Senate. What many Ameri- her son, moving to a new home, chang- to hear and read her words. cans do not realize is that the Senate is ing jobs . . . all with people watching MAX CLELAND a place where many of us become closely, openly questioning her abili- I also wish to pay tribute to MAX friends. It is true that the 100 men and ties and wondering if she would suc- CLELAND, Georgia’s senior senator and women who serve in this wonderful ceed. a true American hero. body arrive here with different back- Senator CARNAHAN has demonstrated While his story is familiar to those of grounds, experiences, and perspectives. remarkable composure and grace while us fortunate enough to know him and We hold different philosophies and proving that she was indeed up to the have served with him, I encourage ideas, represent states with different challenges of the Senate. She had to Americans looking for inspiration to and at times competing interests and learn the intricacies of legislation and read his book Strong at the Broken needs, and we pursue different goals. policy quickly, and I am sure she would Places, which describes his experiences But we all share a lot in common by have been even more effective if given overcoming tremendous adversity and virtue of being here, and in the course the opportunity to serve longer. reveals his remarkable character. of working together on matters of na- But she succeeded by seeking com- He is a native Georgian who is proud tional importance, we develop respect monsense solutions to complex prob- of his state and has served it so well for and admiration for our colleagues, and lems and helping to forge compromises. so long, but MAX CLELAND personifies often genuine friendships are estab- She didn’t seek attention or credit for qualities that the people of Nevada and lished. And so it is with the remark- her accomplishments but worked hard all Americans appreciate: patriotism, able group of Senators who are com- and made a difference. courage, and fortitude. pleting their service as the 107th Con- Senator CARNAHAN’s accomplish- MAX CLELAND was awarded the gress draws to a close. ments include helping protect the jobs Bronze Star and a Silver Star for meri- JEAN CARNAHAN of more than 12,000 airline employees torious service in Vietnam. I want to speak first about JEAN during the merger negotiations be- During college he joined the Army CARNAHAN, who has accomplished tween TWA and American Airlines. She ROTC program and after graduation he many firsts in her lifetime, including also worked hard to help local school took a Second Lieutenant’s commis- being the first woman to represent Mis- districts hire teaching specialists and sion in the Army. MAX CLELAND volun- souri in the United States Senate. She deal with disruptive students. Her teered for duty in Vietnam in 1967 and was also the first person in her family Quality Classrooms provisions were in- the following year he was promoted to to graduate from college, in fact the cluded in the landmark education bill the rank of Captain. first to graduate from high school. we passed last year. Just one month prior to the end of Senator CARNAHAN has served the Senator CARNAHAN supported efforts his tour of duty, he was seriously people of Missouri so well over so many to bolster our national security and wounded in a grenade explosion. As a years, including her outstanding work win the war on terrorism. She was a result he lost both legs and his right during her time here in the Senate. We member of the first bipartisan congres- arm. rightfully identify her with Missouri, sional delegation to travel to Afghani- His body broken, he spent the next but actually she grew up in Wash- stan to visit the troops and meet with year and a half recovering from his in- ington, DC, attending Anacostia High regional leaders. juries in various Army and Veterans School and then George Washington And I am especially grateful for her Administration hospitals. Despite his University. strong opposition to the Administra- enormous sacrifice, he refused to let Her return to Washington 2 years ago tion’s plan to ship nuclear waste across his injuries break his spirit. And he did should have been a happy homecoming, the country to Yucca Mountain. Many not dwell on his own experiences but but instead followed a calamity. JEAN people thought this plan would harm rather sought to help others. CARNAHAN arrived in the Senate having only Nevada, but she understood that He described the difficulties veterans suffered a seemingly unbearable trag- storing nuclear waste in Nevada would were experiencing returning home from edy, the death of her husband Mel and require tens of thousands of shipments Vietnam in testimony before the her oldest son Randy in a plane crash. of highly dangerous substances across United States Senate Veterans Affairs She not only had little time to grieve highways and railroads in Missouri and Committee in 1969. but also was immediately thrust into almost every other state. And she The next year, he was elected to the the public arena. could not accept this risk of potential Georgia State Senate, thus beginning a Mel Carnahan had a distinguished 40- harm to the children and families and career in public service that has con- year career in Missouri politics serving environment of our great country. tinued for more than 30 years. As the as a judge, state representative, state So JEAN CARNAHAN deserves our ad- youngest member of the Georgia Sen- treasurer, lieutenant governor, and for miration, respect and gratitude for all ate at the age of 28, he wrote the state 8 years as a popular and respected gov- she has done. She has occupied Harry law making public facilities in the ernor and was a strong candidate for Truman’s seat in the United States state accessible to the disabled. the United States Senate at the time of Senate and worked at his old desk. MAX was hired to work for the Sen- his death. Missouri should be proud of how she ate Veterans Affairs Committee in 1975 Just days after the funerals for her has continued Harry Truman’s legacy and two years later, President Jimmy husband and son, she was asked if she and her husband’s legacy and been an Carter appointed him to head the U.S. would serve in the Senate in Mel’s advocate for the working families of Veterans Administration. He became place. It was a difficult decision, and Missouri. the youngest VA administrator in his- one she had to make amid shock and By a narrow margin she was unable tory and the first Vietnam veteran to sorrow. JEAN CARNAHAN was not a poli- to overcome a well-funded opponent head the agency. In this position, he tician, but she was her husband’s polit- whose campaign benefitted from the instituted the revolutionary ‘‘Vets ical partner and trusted adviser for popularity of the President this year. Center program’’ which for the first many years, starting soon after their She might have come up short in this time offered psychological counseling marriage. She card-catalogued the election, but she understands that a to combat veterans in order to heal names of every potential supporter and political defeat is not the most signifi- their emotional wounds as well as their donor during her husband’s career, cant loss one can suffer. physical wounds. There are now more wrote many of his speeches and wrote Her time here has been all too brief, than 200 Vets Centers across the coun- and delivered many of her own. but Senator JEAN CARNAHAN has made try offering support to combat and

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.049 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11705 non-combat veterans and their fami- I will miss BOB. Nevada will miss doubt that he believes sincerely in his lies. BOB. Our country will miss BOB. But causes, and I admire the passion with Continuing to set precedents, he be- one thing I will not miss is his friend- which he has fought for what he became the youngest Secretary of State ship; we have bonded, and our friend- lieves is right. in Georgia’s history when he won elec- ship is forever. As I have noted previously, the Sen- tion in 1982. He was so effective and so STROM THURMOND ate is a place where many friendships popular that he won reelection by large Mr. President, I join my colleagues are forged, even among people who margins three times. He resigned as today in recognizing the distinguished seem unlikely to get along. But what Secretary of State in 1995 to run for Senator from South Carolina and his many people don’t understand is that the U.S. Senate seat being vacated by years of service in the United States it is possible to disagree without being Sam Nunn. Although he was outspent Senate. disagreeable. three to one, MAX CLELAND overcame STROM THURMOND has lived almost Senator HELMS has succeeded in this obstacle as he has done through- one century, his 100th birthday will be charming and befriending many people, out his life, and he won. December 5th, and he has been a Sen- ranging from fellow Senators to inter- Over the past 6 years, Senator ator for almost half of that time. He is nationally known rock stars, who CLELAND has made important contribu- now finishing his eighth full term, strongly disagree with much of what he tions to the people of Georgia, the peo- making him the longest-serving Sen- advocates. ple of Nevada and all Americans, help- ator and the oldest member of Con- Certainly, the Senate will be dif- ing to safeguard our homeland, keep gress. ferent without JESSE HELMS, and I wish our military strong and treat our vet- But Senator THURMOND is known, and him the best. erans fairly. will long be remembered, for much As the Chairman of the Personnel FRANK MURKOWSKI more than his longevity. As the people of Nevada know all too Subcommittee of the Armed Services He has had a remarkable life and ca- Committee, Senator CLELAND has well, FRANK MURKOWSKI can be a tough reer of service to South Carolina and opponent. He has led the effort in the fought to improve the quality of life of the United States, having served as a our nation’s active duty, reserve and Senate to push through the Adminis- school superintendent, state senator, tration’s plan to transport tens of retired military personnel. He has lob- judge and as the Palmetto State’s Gov- bied to improve health care, education thousands of tons of nuclear waste ernor. through most of the Lower 48 for stor- and retirement benefits. He entered the nation’s military While MAX CLELAND will be leaving age at Yucca Mountain, and therefore when he was 21 years old and almost 20 the Senate, I know that he will con- he and I have often been on opposing years later volunteered to serve in tinue serving the people of this country sides. World War II. He was among the brave he loves so much. He also will marry But I recognize that his motives are American troops who landed in Nor- his fiancee Nancy, and I wish them not personal; he has a different vision mandy on D-day with 82nd Airborne Di- much happiness. of what our priorities should be and vision, and he received numerous ROBERT TORRICELLI what policy is the best course of ac- awards for his military service includ- ROBERT TORRICELLI has devoted his tion. He has been a forceful advocate ing the Bronze Star for Valor and a entire adult life to public service, infor Alaska here in the Senate since Purple Heart. cluding the past 20 years in Congress. 1980, and he will continue to be one Senator THURMOND has fought no less after he leaves to serve as Alaska’s He was elected at the age of 31 to the fiercely in the political arena. He has House of Representatives in 1982, the next Governor. used his gifts, experience, the power same year I was, and I enjoyed serving PHIL GRAMM and respect he has earned and knowl- with him in the House and more re- edge of Senate rules and procedures to PHIL GRAMM has been an influential cently in the Senate. advocate on behalf of his causes. politician and has had an interesting BOB TORRICELLI has served his con- Although he has switched political life. Although he flunked third, sev- stituents in New Jersey so well as a parties during his career, serving first enth and ninth grades, he received a tough fighter, an articulate debater as a Democrat, running for President Ph.D. in economics. This education in- and an effective legislator. stilled in him a strong belief in free He has also been so good to Nevada as a ‘‘States Rights’’ third party candidate in 1948, and becoming a Repub- markets, and he brought that under- as a great friend and advocate for the standing to Washington, along with his gaming industry, an important part of lican in 1964, he has consistently ad- hered to his political ideology. speeches about a Texas print shop our state’s economy. And he joined owner named Dicky Flatt who has been with us in opposing the Administra- I am glad that we have an opportunity to acknowledge his contribu- cited as a representative American re- tion’s plan to transport the nation’s sistant to government spending. nuclear waste for storage at Yucca tions and to reflect on the considerable impact he has had on this body, his PHIL was elected to the House of Rep- Mountain. resentatives first as a Democrat and BOB also was highly successful as the party, and the nation. then again after he became a Repub- chairman of the Democratic Senate Senator THURMOND is a living monu- lican. He was elected to the Senate in Campaign Committee during the 1999– ment, but just to make sure his service 1984 and has authored major pieces of 2000 election cycle, recruiting strong is recognized, the people of South Caro- legislation during his career, perhaps candidates and raising money to allow lina, whom he has represented for so most notably the Gramm-Rudman-Hol- them to get their message out and be long, have honored him by erecting a lings effort to reduce the federal budg- competitive. He targeted weak oppo- monument for him and naming dozens et deficit. nents and helped Democratic can- of facilities for him. On this issue, as on so many others, didates defeat the largest number of Senator THURMOND will certainly be Senator GRAMM has been relentless. Republican incumbents in many years. missed around here. I bid him farewell You always knew where he stood and These surprising results enabled our and extend my best wishes to him and party to reach a 50–50 split in the Sen- his family. always heard what he said. He will be ate and positioned us to become the JESSE HELMS missed. majority party subsequently. JESSE HELMS is retiring after serving BOB SMITH There has been no finer advocate in five terms in the Senate. During this I have the greatest affection for the the Senate than Senator TORRICELLI. time, he has become a legend. He has departing Senator from New Hamp- He has been articulate, knowledgeable been a powerful legislator and wielded shire BOB SMITH. He and I worked to- and experienced. significant influence on issues within gether for one difficult year when he Senator TORRICELLI’s departure from the Senate and events around the was the co-chairman of the MIA/POW this body is a sad time. I know how world. Committee along with Senator KERRY. passionately he cares about politics While he and I do not share the same They led us as we completed that most and how devoted he has been to public philosophy of government and have not important study, and I learned a lot service. always agreed on policies, I have no about Senator SMITH in the process.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.107 S20PT2 S11706 CONGRESSIONAL RECORD — SENATE November 20, 2002 He served in the Navy in the Gulf of TIM HUTCHINSON is part of a family and baseball teams. He also got in- Tonkin during the Vietnam War, so he that has had a significant impact on volved in local politics by joining the was very interested in the issue of politics in the state of Arkansas: when school board. Fourteen years after set- missing soldiers. And he is a real pa- TIM ran for the Senate, his brother Asa tling in New Hampshire, BOB was elect- triot, committed to making sure Amer- ran for and won the seat TIM had held ed into the U.S. House of Representa- ica’s military is strong. BOB SMITH in the House. Asa has since gone on to tives, where he served until he was loves this country. become the Administrator of the Drug elected to the Senate. Our friendship was cemented when Enforcement Agency. I have worked Here in the Senate, BOB has been an we were asked to lead the Ethics Com- with both TIM and Asa, and I under- advocate and representative for the in- mittee and had to resolve very difficult stand TIM’s son is now a state legis- terests of New Hampshire, taking issues. He impressed me with his insti- lator so I might have the opportunity strong stands on the issues he cares tutional awareness, intelligence and one day to work with him too. about. Regardless of political bias, it historical knowledge, and I found him Before he leaves, let me extend my can never be said that BOB SMITH did to be a true gentleman. In addressing appreciation to Senator HUTCHINSON not stand up for what he believed in, a the issues before the Ethics Committee for all his kind deeds toward me. De- fact that is known and respected in he was firm and strict but fair, which spite our differences, we have had a New Hampshire. is what leadership of that group re- good relationship. We have worked to- He became chairman of the Environ- quires. gether on my concurrent receipt legis- ment and Public Works Committee, Senator SMITH and I also served to- lation to secure retirement benefits for providing leadership and a voice for gether on the Environment and Public disabled military retirees and on a New Hampshire on environmental Works Committee, including a time number of other issues. He and his issues. He has continued to speak out when he was Chairman and I was Rank- brother are both considerate, thought- for the concerns of States like New ing Member. He might have surprised a ful gentlemen. I wish him well in what- Hampshire. lot of people with his concern for the ever comes next. On the Armed Services Committee, BOB has championed the cause of ac- environment, but I am proud that we DEAN BARKLEY counting for American prisoners of war were able to work together to protect In contrast to longest-serving Sen- and those service men and women who this nation’s air and water, to defend ator in history, DEAN BARKLEY wraps are reported missing in action. As a wildlife and preserve the environment. up one of the shortest terms ever, hav- veteran of the Navy and the Vietnam BOB SMITH is a friend. I was dis- ing taken his oath of office just last appointed with the results of the elec- week. Of course, we all recognize the War, BOB has long advocated for a tions in the Granite State, and I am sad and special circumstances which strong military and understands the importance of government support and going to miss him. led to his being here: the tragic death assistance for brave members of our FRED THOMPSON of our dear friend and colleague Paul armed services. FRED THOMPSON leaves the Senate Wellstone. I have already spoken of Paul Wellstone, how much he accom- During the past 18 years, BOB has after 8 years of service. It seems like he shown grace and strength. He has has been here much longer perhaps be- plished here in the Senate, what his role was and his legacy will be, and served New Hampshire with honor and cause he has been so highly visible I admire his courage in standing up for both in public service and as an enter- what I remember of our personal interaction. I said that Paul Wellstone is ir- what he believes in time and time tainer. again. BOB, his wife Mary Jo, and their replaceable. Nobody, whether they FRED THOMPSON not only has been a three children have spent the past serve 2 weeks or 2 decades, will fill his Senator; he also has played one on TV. eighteen years achieving well the dif- shoes. To his credit, DEAN BARKLEY un- His other acting roles include leader of ficult balance of raising a family while derstood that and he realized what his the CIA, the FBI, and White House simultaneously handling the constant role during his brief time in the Senate Chief of Staff. demands of public office. I want to take should be. I spoke with him shortly Many Americans first noticed FRED this opportunity to congratulate my after his appointment. He had a lot of THOMPSON during the Watergate crisis. colleague on his distinguished career pressure on him to align with one side He was a young lawyer serving as mi- and thank him for his service to New or the other and he could have created nority counsel to the Senate Watergate Hampshire. Committee in 1973, and he played a role a lot of problems. Fortunately, he de- FRED THOMPSON cided it would be best for the people of in the public disclosure of the tapes Ms. COLLINS. Mr. President, at the Minnesota not to change the balance in President Nixon recorded in the Oval conclusion of this year, we will bid the Senate, and he stuck to the inde- Office. Of course the scandal led to the farewell to a Senator who is larger pendence streak for which he is known. President’s resignation. than life, both literally and figu- And since that introduction, we have DEAN BARKLEY was not here long, but ratively. RED HOMPSON come to know F T well and he has taken his position seriously, and FRED THOMPSON, may chairman of know we can rely on his intelligence, I am sure he has had an unforgettable the Governmental Affairs Committee, judgment, wit, and insight. experience. I thank him for his service and my food friend, will be leaving the He has been a skillful negotiator in and wish him well. Senate after 8 years of distinguished the Senate, a popular colleague and BOB SMITH service. someone people look up to. Mr. GREGG. Mr. President, BOB While there is no question that the While he will be missed around here, SMITH loved serving the people of New people of Tennessee would have re- I take comfort knowing I will be able Hampshire. I have witnessed BOB’s high turned him to the Senate for another to see him frequently on TV and in the regard for the office he has held here in term had he chosen to seek it, FRED de- movies. the U.S. Senate; he has taken his job cided that there is life after the Sen- TIM HUTCHINSON seriously, both in Washington and at ate—and if the past is prologue, we can Senator TIM HUTCHINSON grew up on home. He is a man of strong family val- be sure that it will be an interesting a farm in rural Arkansas and grad- ues and hearty resolve, two funda- life. uated from Bob Jones University. So mental characteristics of our State. FRED came to this body after a varied he and I have had different experiences BOB is not a programmed politician. In and distinguished career. He had been a and are guided by different beliefs. Not fact, he is the opposite. He has always prominent public servant—most nota- surprisingly, we have often voted dif- been driven by his independence and bly as an assistant U.S. attorney and ferently. But I do not question how conservative ideas. as the Republican counsel to the Wa- dearly he holds his convictions, and I When BOB and Mary Jo Smith first tergate committee—as well as a skilled recognize that he has been a dedicated moved to New Hampshire, they did not lawyer and a gifted actor. From his advocate for the people of Arkansas waste any time getting involved in the days with Senators Howard Baker and throughout his 10 years in Wash- Lakes Region community. BOB became Sam Ervin in the Watergate hearings, ington—4 years in the House of Rep- a high school history and government to his role in exposing the sale of par- resentatives and 6 here in the Senate. teacher and helped coach the football dons in the State of Tennessee, to his

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.109 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11707 acting in 18 films, FRED brought a keen and served his Nation well. I feel so for- looking for ways that he could make a intellect, a great sense of humor, and tunate to have served with him during positive difference for these young men an exceptional capacity for hard work these past 6 years, and I shall miss and women proudly serving our coun- to every task. And those are the very him. try. Senator HUTCHINSON will be great- characteristics that have marked his Godspeed, my friend. ly missed, but his legacy and accom- Senate service. TIM HUTCHINSON plishments will remain in our history FRED has been a leader in the Senate Mr. President, I rise this morning to forever. on a wide variety of critical issues, in- pay tribute to my colleague and good FRED THOMPSON cluding intelligence reform and over- friend from Arkansas, Senator TIM Mr. DOMENICI. Mr. President, I rise sight, reducing the threat posed by the HUTCHINSON. today to pay tribute to a friend and proliferation of weapons of mass de- I have particularly enjoyed working colleague who is retiring from the Sen- struction, and reducing the tax burden with TIM on the Senate HELP Com- ate after eight years of principled and on American families. He was among mittee. We have literally worked distinguished service. The Senate will the first to join Senators MCCAIN and ‘‘shoulder to shoulder’’ both in com- lose an extremely dedicated public FEINGOLD in the quest for campaign fi- mittee and on the Senate floor on servant and also a good bit of star nance reform and fairly and effectively many issues of tremendous importance power when FRED THOMPSON leaves us chaired extensive hearings to expose to the health and well-being of all at the end of the 107th Congress. the abuses in the financing of the 1996 Americans—the Patients’ Bill of I had the pleasure of serving on the Presidential campaign. Rights, legislation to increase access Governmental Affairs Committee head- As chairman and later ranking Re- to more affordable prescription drugs, ed by Senator THOMPSON from 1997 publican on the Governmental Affairs home health care, increased funding for until June 2001. I appreciate Senator Committee, his efforts have led to diabetes research, and legislation to in- THOMPSON’s determination in pursuing management and regulatory reforms as crease access to health care in the fiscal accountability and relentlessly well as the passage of the legislation to rural and underserved areas of our seeking a smaller and more efficient create the new Department of Home- country. Federal Government. Senator land Security. TIM demonstrated his ability to THOMPSON’s leadership on issues such In the 6 years that I have worked reach across the aisle and work on a bias the proliferation of weapons of mass closely with FRED, I have never known partisan basis when he joined with Sen- destruction and missile technologies him to be unprepared. I have never ator MIKULSKI in developing legislation has made an enduring contribution to known him to be undisciplined. And I to address our Nation’s growing short- our national security, and I have en- have never known him to be anything age of registered nurses. I was pleased joyed working closely with him on less than eloquent—although, as a to join as an original cosponsor of the matters related to our national labora- Yankee, I may not always appreciate Nurse Reinvestment Act, which has tories. I would like to thank Senator the subtlety of his colloquial expres- been signed into law, and which will THOMPSON for his tireless work more sions. Two examples that I recall with address this problem by providing in- recently on the monumental task of special fondness are: ‘‘Don’t load up centives for individuals to enter the creating a Department of Homeland the wagon unless you’re willing to pay nursing profession, providing con- Security. I submit that his industry the freight,’’—which is, I believe, a ref- tinuing education and opportunities for and integrity in this historic under- erence to spending proclivities—and advancement within the profession, taking will leave him a legacy of which then, my personal favorite: ‘‘It’s like and increasing the number of nurse fac- he should be proud. teaching a pig to dance. It wastes your ulty to teach at our nursing schools. The people of Tennessee first elected time, and it irritates the pig. Senator HUTCHINSON has also been a Senator THOMPSON to the Senate in Of course, FRED is much more than leader and an advocate for our men and 1994, to fill an unexpired two-year just quotable. FRED is a truly coura- women in uniform, and I have been term. When he was reelected in 1996, he geous leader. He actually relishes being honored to serve with him on the Sen- made history by garnering more votes in the minority, even a tiny minority, ate Armed Forces Committee. As the than any previous candidate for any of- when one of his basic principles, such ranking member on the personnel sub- fice in Tennessee. A native of as States rights and the 10th amend- committee, he has seen to the needs of Lawrenceburg, TN, THOMPSON worked ment, is at issue. He always votes his the soldiers, sailors, airmen, and ma- his way through school to earn an un- convictions—even when the current rines time and time again. He has dergraduate degree in philosophy and polls suggest that public sentiment is fought to ensure that the men and political science from Memphis State on the other side. His good judgment women serving our country receive University, and a law degree from Van- and his careful consideration of every adequate pay and compensation, and derbilt University. Only two years issue are a model for all of us. FRED’s this year he went to the mat to support after law school, THOMPSON was named fearless leadership is one of many rea- our military retirees on concurrent re- an Assistant United States Attorney. sons why his constituents, even those ceipt/special compensation. THOMPSON was then appointed at the who may disagree with him, hold him In January 2000, I traveled with Sen- age of 30 as minority counsel to the in such high regard. They know that ator HUTCHINSON to Japan, South Senate Watergate Committee, where FRED THOMPSON will speak the truth Korea, and Taiwan where we got an up- he served in 1973 and 1974. Before he and do with it right, that he will make date on the region and had an oppor- was elected to the Senate, FRED the hard choices, and that the well tunity to meet with many troops there. THOMPSON operated successful law being of his constituents and our coun- In particular, Senator HUTCHINSON practices in Nashville and Washington try guides his every decision. spent a lot of time speaking with our and served as Special Counsel to the No one can be certain what the fu- troops who were serving proudly on the Senate Select Committee on Intel- ture will hold for FRED. We know that front line of the DMZ. In Korea, it was ligence and the Senate Committee on he has already drawn on two of his pre- the dead of winter, and the meeting Foreign Relations. vious careers—the law and acting—by rooms in South Korea actually strad- While many know that Senator signing on to play the avuncular dis- dled the DMZ line. THOMPSON is embarking on a new role trict attorney on the popular television On that trip we also visited the as district attorney in the television show, ‘‘Law and Order.’’ It also seems U.S.S. Kitty Hawk in Japan, where I series Law & Order, his talents for law very likely that he will have future re- found that Senator HUTCHINSON had a and acting first came together in the sponsibilities in Government, since I special place in his heart for our naval film Marie, in which he portrayed him- anticipate that this President will seek forces. We also made history when we self after taking on a case in 1977 that to use his extraordinary talents. met with the first democratic president uncovered a cash-for-clemency scandal But no matter what FRED THOMP- of Taiwan—President Lee. that unseated Tennessee’s Governor. SON’s post-Senate career may entail, Senator HUTCHINSON has always FRED THOMPSON has subsequently acted one conclusion can be stated with con- taken the time to listen to our troops in 18 motion pictures, including In the fidence. He has graced this institution and military leaders, as he was always Line of Fire, Die Hard II and The Hunt

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.055 S20PT2 S11708 CONGRESSIONAL RECORD — SENATE November 20, 2002 for Red October, as well as four tele- friend, and wish him the best as he en- has focused on reducing taxes, reform- vision series. ters his new career as Governor of ing the tax code to make it simpler and Some might characterize FRED Alaska. fairer, and restoring the Social Secu- THOMPSON’s uncommonly successful ca- f rity and Medicare programs to long- reer in show business as a natural com- term solvency. Though FRED has PHIL GRAMM AND FRED THOMPSON plement to the daily business of the served eight years in the Senate, the Mr. FRIST. Mr. President, the time Senate. What I know is that whether scale and number of his accomplish- has come—as it does at the conclusion on the big screen or on the floor of the ments would lead one think he has of every Congress—to honor those Senate, FRED THOMPSON’s larger-than- spent an entire career in this chamber. members who will be departing from life presence has touched the lives of a PHIL GRAMM and FRED THOMPSON will great many Americans, and he will be this body. This is a task not easily be missed by each and every one of sorely missed by his colleagues in the done. The Senate is one of the highest their Senate colleagues. For me it has Senate. I thank my colleague for his pinnacles in public service to our na- been an honor, a privilege and a pleas- eight years of distinguished service in tion. Those who serve here have often ure to work with them both. They have which he has enlivened the Senate and dedicated their lives—and with great brought to the Senate a rare combina- served his country with uncommon re- success—to changing America for bet- tion of intellect, charisma, political solve. I wish Senator THOMPSON the ter. skill and, above all, a steadfast com- very best in his retirement and all his Today I wish to honor two Senators mitment to principle. And for that future endeavors. who have indeed changed America for they will also be missed by the Amer- the better—PHIL GRAMM and my fellow FRANK MURKOWSKI ican people. Mr. President, I rise today to pay Tennessean and partner in the Senate Mr. LIEBERMAN. Mr. President, I tribute to one of my distinguished col- for the last eight years, FRED THOMP- rise to honor the Members of the Sen- leagues, a Senator from the class of SON. ate who will be leaving us at the end of 1980. From our seats on the same side Senator GRAMM began his service in this Congress. They will not be here in of the aisle, I have been able to serve 22 Congress as a House Democrat in 1978. this Chamber next year, but each will years with my long-time friend, and Five years later he switched parties. leave an indelible imprint on this body, But rather than serve out his term as a colleague, Senator MURKOWSKI. and on the lives of the American peo- I want to take this opportunity to Republican, he resigned his seat and let ple. thank Senator MURKOWSKI for his dis- the people of his district choose wheth- First, I wish to say a few words about tinguished career of service both to our er they wanted to be represented by a my colleague, my compatriot on the Nation and his home State of Alaska, Republican. Well, they did, and PHIL Senate Governmental Affairs Com- and to congratulate him. Senator GRAMM became not only the first Re- mittee, and my friend, FRED THOMP- MURKOWSKI has been a great advocate publican in history to represent the 6th SON, who has served the people of Ten- of his State, which has been dem- district of Texas, but the only member nessee and the people of America ably onstrated by his winning 75 percent of of Congress in the 20th century to re- and nobly for the past 8 years. the vote in 1998, and the gubernatorial sign and then win re-election as a The man the Screen Actors Guild race in this last election. As the Sen- member of another party. knows as Fred Dalton Thompson acts— ator moves onto a new challenge, I PHIL and I share the same commit- and acts quite well, I should add—but wish him well with his efforts to con- ment to being a citizen legislator . . . the man we know as Senator FRED tinually serve the people of Alaska. to bringing professional expertise to THOMPSON has never read off of any- As I look at the past seven years, and public service. In PHIL’s case, he’s an one’s script. Again and again, he has all that the Senator has accomplished economist, a college professor, and a done what he in his heart believed was during his time as chairman of the En- public health expert, and his legisla- right for the nation. I will always ad- ergy Committee, I know that these will tive accomplishments reflect that ex- mire his clarity, integrity, and intel- be big shoes to fill. Throughout his ca- perience. He’s been a staunch pro- lectual curiosity. reer, the Senator has held steadfast to ponent of tax relief, economic growth, Since his joining the Senate in 1994, I his ideals, while fighting for improved and a balanced budget. And the have known Senator THOMPSON as a veterans’ health care, and the search Gramm-Rudman Act stands as one of dogged investigator who is always will- for American POW/MIAs, as Chairman the most groundbreaking pieces of ing to go wherever the evidence may of the Veterans’ Affairs Committee. budget legislation in the second half of lead, and as an independent-minded While on the Finance Committee, the the 20th century. legislator who sticks to and stands on Senator from Alaska played a pivotal FRED THOMPSON has been a dear principle. Senator THOMPSON was the role in passing the Balanced Budget friend for many years and great part- first Republican after JOHN MCCAIN to Act of 1997. ner with whom to work on behalf of the support campaign finance reform—an Senator MURKOWSKI, his professional people of Tennessee in the United act that speaks volumes about who he manner, and his willingness to work States Senate. FRED was elected in 1994 is and for what he stands. have made him an asset to our Senate. to fill 2 years of an unexpired term. He On the Governmental Affairs Com- We, in the Senate, will be at a loss was then reelected in 1996. And just as mittee, Senator THOMPSON and I without his unrelenting will-power, he did in Hollywood, he rapidly rose to worked closely together on probing the and determination. become a star in the Senate. evidence and then issuing a report on Senator MURKOWSKI has been a friend In 1997, FRED was elected chairman of the government’s highly suspect inves- and servant to the citizens of Alaska, the Governmental Affairs Committee, tigation into the alleged wrongdoing of earning a reputation for unbeatable making him one of the most junior Wen Ho Lee. Senator THOMPSON service to his constituents. We have al- Senators in history to serve as chair- brought a singular focus to dissecting ways had a lot in common, fighting for man of a major Senate committee. As and fixing the government’s computer the interest of our predominantly rural chairman, he held hearings on issues security problems. And he has and States. I have always been impressed such as improving the federal regu- spared no energy working to ferret out with his capability to keep the diversi- latory process; reforming the IRS; ex- waste, mismanagement, corruption, fied interests of his State in mind, ploring ways to eliminate waste, fraud, and abuse in the federal government. while developing bills to improve and and abuse in government; and a num- Senator THOMPSON understands that preserve the tradition, and way of life, ber of national security issues, includ- the people’s Government must do jus- for Alaskan citizens. Alaska will be ing the proliferation of weapons of tice to the people’s values—not just in lucky to have him as their Governor. mass destruction and missile tech- the pronouncements it makes, but in Today I join my colleagues in offer- nologies. the way it does business every day. ing a goodbye, and good luck, to Sen- Senator THOMPSON has also been a Every Member of this body respects ator MURKOWSKI, a tenacious man of member of the Finance Committee— the quality of Senator THOMPSON’s rea- high-integrity, for his years of dedi- one of the most influential committees soning and the strength of his voice. cated service. I will certainly miss my in the Senate. From that position, he Whether it’s on defense, intelligence,

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.074 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11709 free trade, or a wide range of other not since 1954 like Senator THURMOND, Another Senator retiring after a dis- issues, Senator THOMPSON’s words are but his achievements have been re- tinguished career—in his case because cogent and clear, and his deeds are con- markable indeed. he is trading the U.S. Capitol for the sistent with those words. Senator GRAMM, who came to the Governor’s mansion in his great home In addition to his career as a Sen- Senate with a Ph.D. in economics and state of Alaska—is Senator FRANK ator, he has practiced law, written a a distinguished career in teaching, has MURKOWSKI. Hopefully his new chal- book, acted in 18 motion pictures and a become one of this Chamber’s foremost lenge will afford him more opportuni- television show, posted his mother’s experts on fiscal policy, one of its ties to enjoy life with his lovely wife recipe for fresh coconut cake on his clearest voices on defense and foreign Nancy, his six children and his 11 website, and—in the midst of it all— policy, and one of the most stalwart grandchildren. managed to find a lovely women to defenders of individual liberties. For four terms of office, Senator marry. I am in awe of his energy and He has a wonderful intuitive under- MURKOWSKI has served the people of his vitality. standing of the value of basic research state with vigorous energy and rig- We know each other as colleagues, as and other technological innovation, orous attention to detail since being partners, and often as intellectual op- and I have been proud to work with elected to the Senate in 1980. He deliv- ponents. But we also know each other him to increase both the Government’s ers for the people of Alaska—and they as human beings. And at every point total funding commitment to science appreciate it. I am confident he will and in every context, Senator THOMP- and the effectiveness of the money we continue to lead with distinction as SON has brought wisdom, decency, and spend. governor. a great sense of humor to this Con- Senator GRAMM is an ideologue—and My friend and colleague Senator MAX gress. When he served as chairman of I mean that in the best sense of the CLELAND gave elegant departing re- the Governmental Affairs Committee, word. He fervently defends his beliefs marks yesterday on this floor. Those he treated me with great consideration against all challenges. Senator GRAMM remarks reminded me how much the and respect, and I hope in my time as relishes debate. Here on the floor, you Senate will miss his buoyant person- Chairman I have afforded him the same can see it in his eyes and hear it in his ality, his eloquent words, his principled courtesies. voice. And let me add—and I say this service to the people of Georgia, and I am disappointed to see him go, but reluctantly, having been at the receiv- his transcendent faith. look forward to watching him on tele- ing end of more than a few of his mis- I was privileged to serve alongside vision on Wednesday nights. sives—that he is quite good at it. In Senator CLELAND on the Senate Gov- Mr. President, I also wish to honor that way, he has continued and ad- ernmental Affairs Committee, where Senator STROM THURMOND. vanced one of the great traditions of he was always courageous, inde- We all know that the 20th century this body. Yes, compromise is what pendent, and tenacious. I also had the was the American Century. It was also makes governments great and mar- good fortune of working with him on the century in which, primarily in his riages happy; we all know that. But the Armed Services Committee and the Small Business Committee. I could not service in the U.S. Senate, STROM without firm principles and intellec- have wished for a kinder or more de- THURMOND left his indelible mark on tual passion to guide us, without ideals cent man to call my colleague. the history of this nation. we are not willing to sacrifice, we There are not many Members of this Senator CLELAND also was an early would never know what is worth com- supporter of and essential contributor body today who bring the breadth of promising. And Senator GRAMM has his experience to the floor. Senator to the bill establishing a Department never forgotten why he is here or what of Homeland Security that we reported THURMOND began his career as a farm- he is fighting for. out of committee in May. Therefore, er, teacher, and athletic coach. He was I wish him luck in the private sector, the historic bill we passed yesterday, Superintendent of Education in his where he will continue to serve the na- and the Department it will create to home county. He was town and county tion and will, much to his liking, make protect the American people from ter- attorney. He was state senator in his much more money in the process. rorism here at home, is due in no small great state of South Carolina. He was a The Senate is losing many giants at measure to his efforts. judge. He served in the Second World the end of this term. Let me now say a But Senator CLELAND will be remem- War, and was part of the Normandy in- few words about JESSE HELMS of North bered for the spirit he brought to this vasion with the 82nd Airborne. He was Carolina—a Navy veteran in the Sec- Senate as much as for the many things governor of South Carolina. Then, in ond World War, a respected journalist, he accomplished here. His grit, His wit. 1954, he was elected to the United a businessman, a city councilman, and His honesty. His willingness to take States Senate. since 1973, a legendary legislator in the risks. His never-failing sense of humor. The long list of these accomplish- Senate. I wish MAX the best of luck. ments would take most Americans 300 As a Member of this body, Senator Mr. President, let me also take a mo- years to accumulate. Senator THUR- HELMS has done too much to mention ment to honor my friend and colleague MOND has gotten them all under his here today. But he is most respected Senator JEAN CARNAHAN who has added belt in a mere 100. And he has raised a for his leadership of the Senate Foreign to a long and storied career by serving family, to boot. Relations Committee. the people of Missouri with care, skill, Through it all, Senator THURMOND There, he has proven to be a tireless and devotion over the last 2 years. has grown not only as a legislator but defender of the interests of America— Senator CARNAHAN was not only the as a human being. When we honor him, and an advocate of the inalienable proud occupant of Harry Truman’s we pay tribute to human beings’ capac- rights of people all over the world to seat, but was an able custodian of ity for growth. After running for Presi- the basic freedoms and opportunities Harry Truman’s legacy. She legislated dent, as I mentioned, as a state’s rights we enjoy. I have always admired his with an independent mind and a prag- candidate, he later supported the re- steadfastness and his strength. And I matic personal philosophy, always put- newal of the Voting Rights Act and ob- have always known that the goals we ting the well-being of Missouri’s work- servance of the Martin Luther King, seek—a strong America that advances ing families first. Jr. Holiday on behalf of his state. That democracy and increases prosperity I have been fortunate enough to serve transformation sent a powerful mes- around the world—are the same. alongside Senator CARNAHAN not only sage that all of us could become better And we have at least one other thing on the Governmental Affairs Com- Americans and better individuals—and in common. Senator HELMS’ name was mittee, where she quickly proved to be that the United States of America, for placed in nomination for Vice Presi- an invaluable asset, but on the Senate all its blessings, can always become a dent of the United States—this was at Armed Services Committee. Senator better nation. the GOP convention in Kansas City in CARNAHAN doesn’t only talk about bi- I also wish to honor another Member 1976. Although he asked the convention partisanship. She practices it. I’m the Senate will miss, my good friend to withdraw his name, he nevertheless proud to call her a fellow New Demo- from Texas, Senator PHIL GRAMM. Sen- received 99 delegate votes. A few years crat, and even more proud to call her a ator GRAMM has only served since 1984, later, I could have used those votes. friend.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.050 S20PT2 S11710 CONGRESSIONAL RECORD — SENATE November 20, 2002 We are losing many women and men Paula Wellstone, as a Senator, a fa- individuals living in long-term care fa- of principle from this body; I hope an ther, a husband, and a man, lived these cilities. equal number replace them. I will fond- words and lived them well. May he rest Training and technical assistance are ly remember Senator BOB SMITH for his alongside his wife and daughter in among the critical variables in deter- unwavering adherence to the values of peace. mining the quality of services that om- his faith and his family. And I admired I thank the Chair and yield the floor. budsmen are able to provide. Addi- Senator SMITH’s hard work on the En- f tional funds appropriated for the Na- vironmental and Public Works Com- tional Long-Term Care Ombudsman mittee in defense of New Hampshire’s LONG-TERM CARE OMBUDSMAN PROGRAM Resource Center would be used to in- environment and this nation’s. BOB is a crease the capacity of the Center to de- man of honor and I was proud to serve Mr. BREAUX. Mr. President, I would velop and coordinate training systems with him. like to engage the distinguished Chair- and other skills-building opportunities Many of us strive for eloquence here man of the Appropriations Commit- for State, local and volunteer ombuds- on the floor. But few of us are as con- tee’s Subcommittee on Labor, Health men. The Center has an exemplary sistently passionate and persuasive as and Human Services, and Education in track record and this will improve pro- another departing colleagues, ROBERT a brief colloquy on an issue that is very gram consistency among states and en- TORRICELLI, who served seven terms in important to frail older persons and in- hance program effectiveness. the House of Representatives and then dividuals with disabilities who reside Mr. BREAUX. Mr. President, I agree here in the Senate since 1996. As a fel- in nursing homes and other long-term with my colleague. The Center’s work low northeastern and fellow member of care facilities. is critical to millions of residents of the Senate Governmental Affairs Com- My colleague should be congratu- long-term care facilities and their fam- mittee, I will miss his wisdom and lated for the additional funds that his ilies. I am hopeful that when we finally great sense of purpose. He is extremely subcommittee has provided in recent pass a fiscal year 2003 Labor, HHS, gifted and gave great service for New years for the Long-Term Care Ombuds- Education appropriations bill that we Jersey and America. man Program, under the Older Ameri- will provide appropriate support for the Finally, Mr. President, a special word cans Act. Our colleagues, Senator Center and report language that en- for our dear departed colleague Senator KOHL, and Senator SPECTER, should sures the continued quality training Paul Wellstone—who I want to describe also be recognized for their support of and assistance for omsbudmen that has in the best way I know how, as a the ombudsman program. The Labor, been so ably provided through the Cen- mensch—a man, a very good man. He Health and Human Services, and Edu- ter. radiated decency and kindness and cation Appropriations bill that you in- commitment to make the world a bet- troduced for Fiscal Year 2003 proposes It is my view that the Center must ter place. That was so not just in what a much needed $3 million increase to continue to be housed in an inde- he said and did on camera, but in what provide more ombusdmen to help ad- pendent nonprofit citizens-based orga- he said and did in quiet moments, dress the growing quality problems in nization that has the improvement of small moments, private moments. nursing homes and assisted living fa- care in long-term care facilities as its Much has been made of the fact that cilities. primary purpose. Such an organization Paul was a teacher. And it is fitting. I I would like to discuss with the should include long-term care ombuds- think about all the lessons that Paul chairman and my distinguished col- men and consumers in its governance Wellstone the political scientist taught league and ranking minority member and have a minimum of 5 years of expe- to his students, and how every one of the Finance Committee our strong rience on a national basis of providing must have come alive when he ran for support for this program and the Na- long-term care ombudsmen with tech- office—and won—in 1990. That inspirational Long-Term Care Ombudsman nical assistance, training, and information will last for generations. Resource Center that so effectively tion. Paul Wellstone taught his students, serves State and local ombudsmen Mr. GRASSLEY. Mr. President, I by example, that Americans who want across the Nation. concur with that assessment. We know change can do much more than carp or Mr. HARKIN. Mr. President, the dis- that there is a growing demand for om- complain. They can and should enter tinguished chairman of the Special budsman services and too few ombuds- and shape the system. They can and Committee on Aging is correct in de- men and volunteers to regularly visit should be a part of the government of scribing our efforts to steadily increase all of the nursing homes and assisted the people, by the people, and for the the capacity of State Long-Term Care living facilities. And we know that people. Ombudsman Programs. This very effec- training and resources care essential. Senator Wellstone uplifted the Sen- The Center provides individualized sup- ate and uplifted our democracy, and he tive program is available to the 2.8 million residents of over 60,000 facilities port to State and local ombudsmen on did it with the clarity of his conscience specific, complicated long-term care and the power of his principles and pas- including licensed assisted living. It makes a big difference in the quality of questions and provides training at sions. state and regional conferences. The It’s no wonder Paul titled his book life for residents by resolving their need to expand these supportive serv- The Conscience of a Liberal, after complaints 231,889 about resident care ices is growing rapidly. Barry Goldwater’s book The Con- and residents’ rights, visiting facilities science of a Conservative. Paul had on a regular basis, and by advising resi- Mr. HARKIN. Mr. President, I believe read Senator Goldwater’s book as a dents, their families, and facility staff. that we must put our energies toward boy, and though he found himself at We have also supported funding for the ensuring that we protect the rights of the opposite end of the political spec- very effective Ombudsman Resource nursing home residents and help them trum, Paul admired Goldwater’s de- Center, which has been housed at the to resolve problems with the quality of cency, his honesty, and his conviction. National Citizens’ Coalition for Nurs- the care that they receive. I am com- The name ‘‘Paul’’ comes from the ing Home Reform since 1993. I would mitted to working with my colleagues Roman family name ‘‘Paulus,’’ which like to see an increase for this impor- on this goal for fiscal year 2003 and be- meant ‘‘small’’ or ‘‘humble’’ in Latin. tant Center. yond. I am also supportive of the no- And Paul was physically small. He was Mr. GRASSLEY. Mr. President, I rise tion that we need to ensure that the re- spiritually humble. But the scope of his in support of my two colleagues’ view- source center continues to be housed in ideals and of his service was monu- points on the value of the Long-Term an organization as described by my col- mental. Care Ombudsman Program and its na- league. In The Ethics of the Fathers, a tome tional resource center. The hearings I thank my colleagues for their sup- of Jewish law, it is written: ‘‘It is not that my colleague from Louisiana and port of the work of our subcommittee. your obligation to complete the task I have conducted over the years have I look forward to working with my dis- [of perfecting the world], but neither provided significant evidence that the tinguished colleagues to ensure that are you free to desist [from doing all ombudsman program is critical in pro- these programs continue to serve older you can].’’ tecting the rights of older and disabled adults and disabled individuals.

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.052 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11711 CONFIRMATION OF JOHN ROGERS year in office, when only nine months Sixth Circuit accomplishment is even Mr. MCCONNELL. Mr. President, the remained until the presidential elec- more impressive when one considers Senate last week confirmed Professor tion. that a Republican Senate confirmed John Rogers to one of the seven vacant As to a sixth vacancy, that created four out of the five, or eighty percent, seats on the Sixth Circuit Court of Ap- by the retirement of Judge James L. of those nominations. Only Judge peals. Professor Rogers’ career has Ryan, President Clinton did not even Daughtery was confirmed by a Demo- been marked by excellence and submit a nomination. crat Senate. achievement, and he will be a fine addi- As to the remaining two vacancies, it Indeed, because the Republican Sen- tion to the Sixth Circuit. is my understanding that the Repub- ate confirmed so many nominees to the He was elected to Phi Beta Kappa at lican Senate could not confirm the Sixth Circuit, Democrat appointees Stanford. At the University of Michi- nominees to these seats, Ms. Helene outnumbered Republican appointees by gan law school, he was a member of the White and Ms. Katherine McCree a ratio of three to one at the beginning prestigious Order of the Coif. He has Lewis, because the Clinton Administra- of this year: there were six Democrat- twice served in the Appellate Section tion did not properly consult on their appointed judges on the Sixth Circuit of the Civil Division of the Department nominations. As a result, these nomi- and only two Republican-appointed of Justice, earning a Special Com- nations faced home-state opposition judges. President Clinton might have mendation for Outstanding Service. He that prevented the Senate from moving had even more judicial nominees con- has been on the faculty of the Univer- them forward. firmed to the Sixth Circuit if his ad- sity of Kentucky College of Law since I ask unanimous consent that an ar- ministration had consulted properly on 1978, where he is the Thomas P. Lewis ticle from the Wall Street Journal on the White and Lewis nominations. Professor of Law. Professor Rogers has the subject of these nominations be With respect to the Rogers’ nomina- also twice served as a Fulbright Pro- printed in the RECORD at the end of my tion, Professor Rogers has not been a fessor in China. Finally, it is worth remarks. judicial activist, as the Chairman noting that Professor Rogers has dedi- The PRESIDING OFFICER. Without claims. The law review article on cated a good part of his life to the serv- objection, it is so ordered. (See exhibit which my friend from Vermont relies ice of his country as a member of the I) for this sweeping assertion was a theo- field artillery in the United States Mr. MCCONNELL. Mr. President, the retical piece discussing an esoteric sub- Army Reserves. He is retired with the situation with Ms. White and Ms. ject that scholars have debated since rank of Lieutenant Colonel. Lewis is obviously quite different from the great Learned Hand. It was Pro- Professor Rogers, in addition to hav- the situation of Mr. Jeffrey Sutton and fessor Rogers’ lone foray into the topic. ing the enthusiastic support of both Justice Deborah Cook, whom President Far from arguing that inferior courts Senator BUNNING and myself, has Bush has nominated to fill two of the should somehow try to overrule higher earned a unanimous rating of qualified six remaining vacancies on the Sixth court precedent—if that were even pos- by the American Bar Association. I am Circuit. Both Mr. Sutton and Justice sible—Professor Rogers argues just the confident that he will make the citi- Cook have strong home-state support. opposite: that lower courts have a duty zens of the Commonwealth proud, and Furthermore, they are part of the to follow all precedent, including that he will provide badly-needed relief President’s first group of judicial precedents with which they disagree. to the woefully understaffed Sixth Cir- nominees that he submitted to the My friend from Vermont may want to cuit Court of Appeals. Senate in May of last year. Neverthe- read page 185 of the article where Pro- As I have said repeatedly, I appre- less, neither has been able to obtain a fessor Rogers writes that our legal sys- ciate the fair manner in which Chair- hearing. I am confident that in the tem ‘‘would not work well if lower man Leahy treated Kentucky judicial next Congress the Judiciary Com- courts persisted in their own sincere nominees, particularly nominees to the mittee will promptly act on their legal analyses regardless of the deci- district courts in Kentucky. However, nominations. sions of higher courts.’’ Professor Rog- some of his statements on the floor Far from treating President Clinton ers goes on to write that it ‘‘follows Monday evidence a serious misunder- poorly with respect to his judicial that judges may, indeed should, follow standing of the genesis of the Sixth nominees, the Republican Senate treat- the law as appellate courts determine Circuit vacancy crisis and of Professor ed him quite well, particularly on it, in order to apply—per their oaths— Rogers’ judicial record and philosophy. nominations to the Sixth Circuit. the law of the system that set up their As many people know, the Sixth Cir- President Clinton got three hundred courts.’’ cuit has been in dire straits, and al- and seventy-seven of his judicial nomi- Over the course of his long and dis- though some of my Democrat col- nees confirmed, only five shy of Presi- tinguished career, Professor Rogers has leagues have tried mightily to do so, dent Reagan’s all-time record. This is consistently demonstrated a strong the blame for this sorry situation can- quite impressive in and of itself. It is and abiding fidelity to precedent. A ju- not be laid at the feet of a Republican- even more impressive when one con- dicial activist, by contrast, would be a controlled Senate. siders that President Clinton got these label more appropriately applied to At the beginning of this year, half of nominees confirmed when Republicans someone like Clinton appointee Wil- the sixteen seats on the Sixth Circuit controlled the Senate for seventy-five liam Sessions, a district court judge were vacant. But contrary to the asser- percent of his term. By contrast, Presi- from Vermont, who recently declared tions of my friend from Vermont, half dent Reagan got his judicial nomina- that the federal death penalty statute of those vacancies arose in the first tions confirmed when his own party is unconstitutional in all its applica- year of President Bush’s presidency. controlled the Senate for seventy-five tions, which would preclude using it Judges Gilbert F. Merritt, Alan E. Nor- percent of his term. Thus, a Republican against mass murderers and serial kill- ris, Richard F. Suhrheinrich, and Eu- Senate treated Presidents Reagan and ers. Or it could apply to Clinton ap- gene F. Siler all took senior status in Clinton equally well. pointee Jed Rakoff, a district court 2001—after President Bush came into As part of his near-record total, judge who also ruled the federal death office. President Clinton got five Sixth Cir- penalty unconstitutional, which With respect to another vacancy on cuit nominees confirmed. Judges Mar- prompted even the Washington Post to the Sixth Circuit, my friend from tha Craig Daughtery, R. Guy Cole, Jr., complain about such judicial activism Vermont notes that the Senate did not Karen Nelson Moore, Ronald Lee Gil- in a piece entitled ‘‘Right Answer, act on President Clinton’s nomination man, and Eric L. Clay were all Clinton Wrong Branch.’’ of Mr. Kent Markus. Mr. Markus was nominees who were confirmed to the Or that label might apply to Clinton nominated to fill the vacancy that Sixth Circuit. This is also a fairly im- appointee Shira Scheindlin. According arose from Judge David A. Nelson tak- pressive statistic, particularly when to the Wall Street Journal, in an arti- ing senior status. The Senate was un- compared to President Bush, who has cle entitled ‘‘Osama’s Favorite Judge,’’ able to act on this vacancy, however, only gotten two of his Sixth Circuit a Jordanian named Osama Awadallah because President Clinton did not nominees confirmed, including Pro- knew two of the 9/11 hijackers and met nominate Mr. Markus until his final fessor Rogers. But President Clinton’s with one at least forty times. His name

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.099 S20PT2 S11712 CONGRESSIONAL RECORD — SENATE November 20, 2002 was found in the car parked at Dulles of the vacancy crisis on the Sixth Cir- made no secret of his feeling that he had Airport by one of the hijackers of cuit and Professor Rogers’ judicial phi- been double-crossed. He then placed his hold American Airlines Flight 77. Photos of losophy and record, I appreciate him on the White nomination and later the Lewis moving the Rogers’ nomination and nomination. his better-known namesake—Osama All of this came well into the Clinton ten- bin Laden—were found in Mr. other Kentucky nominees through the ure. Newly elected presidents, including Mr. Awadallah’s apartment. Under the law, process. He correctly notes that there Clinton, have generally received speedy ac- a material witness may be detained if are now no judicial vacancies in Ken- commodation for their initial nominees. he has relevant information and is a tucky, and I thank him again for help- Blocking nominees so early makes it appear flight risk. ing the Commonwealth in that respect. the Democrats are motivated by little more Federal prosecutors thought that EXHIBIT 1 than partisanship stemming from dis- Osama Awadallah easily met both [From the Wall Street Journal, Dec. 4, 2001] appointment at the outcome of the 2000 elec- parts of that test and therefore de- tion and the desire to impose an ideological JUDGES AND GRUDGES litmus test on judicial nominees. tained him. While detained Mr. MICHIGAN’S DEMOCRATIC SENATORS SEEK Sen. Charles Schumer of New York, a Awadallah was indicted for perjury. PAYBACK member of the Judiciary Committee, let the But Judge Scheindlin dismissed the (By Thomas J. Bray) cat out of the bag shortly after the Demo- perjury charges and released Mr. On Thursday, the Sixth U.S. Circuit Court crats took over the Senate. The committee, Awadallah. She reasoned that the con- of Appeals, which handles federal appeals he announced, would be justified in opposing vening of a federal grand jury inves- from Kentucky, Michigan, Ohio and Ten- nominees ‘‘whose views fall outside the tigating a crime was not a ‘‘criminal nessee, will meet en banc to hear oral argu- mainstream’’—in other words, anybody with whom he and his Democratic colleagues dis- proceeding’’ and therefore it was un- ments on whether the University of Michi- gan’s use of racial preferences in administra- agreed. constitutional to detain Mr. tions is constitutional. Such a hearing, in The three blocked Bush nominees to the Awadallah. This was quite a surprise to which all of the court’s active judges, rather Sixth Circuit include a highly qualified fed- federal prosecutors who for decades had than the usual three-judge panel, hear the eral district judged from western Michigan, a used the material witness law in the case, is highly unusual. female state trial judge and a state appeals- context of grand jury proceedings for But then the number of judges on the Sixth court judge of Arab descent. At a time when everyone from mobsters to mass mur- Circuit is bit unusual, too. Though there are Democrats are loudly complaining about in- derer Timothy McVeigh. normally 16 active judges assigned to the ap- sensitivity toward Arab and Muslim visa- Or that label might apply to Clinton peals court, only nine of the seats are cur- holders, the last nomination might seem par- rently filled. Moreover, the number will fall ticularly timely. A federal district judge in appointees Tashima, Hawkins, Paez, to eight at the end of the year when one Detroit is now hearing charges against three and Berzon, all of whom discovered in judge retires. Arab aliens charged with visa violations who the Constitution the right of prisoners Nominations to fill seats in the Sixth Cir- authorities say may have connections to al serving life sentences to procreate via cuit have are being stymied by bitter par- Qaeda. artificial insemination. Fortunately, tisan wangling in the Senate. And there ap- There currently are 110 vacancies among there were enough judges on the Ninth pears to be little prospect of breaking the the nation’s 862 district and appeals courts Circuit to conclude that the Constitu- deadlock. Michigan’s two Democratic judgeships. The gap has so far been filled by senators, Carl Levin and Deborah Stabenow, semiretired senior judges, through they tion does not include a ‘‘right to pro- have put a hold on three of President Bush’s aren’t allowed to join in en banc court procreate from prison via FedEx.’’ nominees from that state. (Mr. Bush hasn’t ceedings. There are other Clinton nominees to yet named a candidate for a fourth seat tra- An indignant Sen. Leahy is hauling Attor- whom one could apply the label ditionally held by a Michiganian.) Judiciary ney General John Ashcroft before his com- ‘‘judicial activist.’’ That label cannot, Committee Chairman Patrick Leahy has re- mittee this week to answer questions about however, fairly be applied to Professor fused even to hold hearings on the nomina- the constitutionality of his investigative Rogers. tions. techniques as well as the use of military The Chairman also implies that Pro- Echoing their party’s rationale for foot- commissions to conduct speedy trials of cap- fessor Rogers is an activist because of dragging on judicial nominations from all tured foreign terrorists. If Mr. Leahy and his across the country, Sens. Levin and colleagues are so keen on having the regular his views on the Supreme Court’s opin- Stabenow complain that when Republicans courts do this job, maybe they should be ion in Roe v. Wade. But Professor Rog- controlled the Judiciary Committee in the asked why they are still sitting on so many ers has never ruled on that subject. In warning days of the Clinton administration, of the president’s nominations. fact, he has never even written on it, they arbitrarily refused to act on the nomi- f except for his one assignment as a line nations of state appellate judge Helen White attorney in the Justice Department in and Detroit lawyer Kathleen McCree Lewis. OPPOSING THE LONG-TERM helping draft an amicus brief. If daring ‘‘This was despite the fact that no concerns CONTINUING RESOLUTION to note some of the flawed analytical were raised about either woman’s qualifica- Mrs. LINCOLN. Mr. President, I rise tions,’’ the two senators wrote in a letter in opposition to the continuing resolu- underpinnings of Roe makes one a judi- last weekend to the Detroit News. cial activist, then Justice Ruth Bader That leaves the implication that the White tion because I believe it is irrespon- Ginsburg must be one. In a 1985 article, and Lewis nominations were stalled because sible for Congress to adjourn without she noted that ‘‘Roe sparked public op- of sheer partisanship, thus justifying retalia- fulfilling our constitutional obliga- position and academic criticism, in tion now that the Senate is in Democratic tions. I have in the past allowed short- part, I believe, because the Court ven- hands. But the story is a bit more com- term continuing resolutions to fund tured too far in the change it ordered plicated. our Government in order to give my Helene White happens to be the wife of and presented an incomplete justifica- Carl Legion’s cousin Charles Levin, a former colleagues time to complete the appro- tion for its action.’’ She also recog- member of the Michigan Supreme Court. In priations process. But I cannot support nized that in Roe ‘‘heavy-handed judi- 1996, Judge White was threatening to run as the long-term continuing resolution cial intervention was difficult to jus- an independent for the state Supreme Court. which will simply allow Congress to go tify and appears to have provoked, not This horrified Michigan Democrats, who home for the rest of the year before our resolved, conflict.’’ Other liberal schol- feared that she might draw off a big chunk of job is complete. ars have also recognized serious flaws the liberal vote. The White House, according As our Nation stands on the verge of in Roe’s analysis. to state political sources, was persuaded to going to war, it is beyond me how we forestall that possibility by nominating her In conclusion, Professor Rogers pos- for a seat on the Sixth Circuit. (The Demo- can simply pass a bill to keep govern- sesses the intellect, integrity, and com- cratic candidate went on the lose anyway.) ment spending at last year’s levels. mitment to public service that will But her nomination outraged then-Sen. Yesterday’s Washington Post reports make him a fine addition to the Sixth Spencer Abraham, a Michigan Republican that fire crews, police officers, emer- Circuit. His confirmation will provide who is now secretary of energy. Mr. Abra- gency workers and others who would be some badly-needed relief to my con- ham traded his help for getting three Michi- the first on the scene in the event of a stituents and other citizens in the gan nominees to the federal courts approved new terrorist attack haven’t received Sixth Circuit, and I am confident that by the GOP Senate in exchange for Clinton- any of the money that the President’s judge pickers holding off on further nomina- he will make Kentucky and his country tions. budget promised them. I ask unani- proud. And while I believe my friend When the White House was ahead with the mous consent that this article be print- from Vermont misapprehends the cause White nomination anyway, sen. Abraham ed in the RECORD.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.100 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11713 There being no objection, the mate- next two months, has had to withhold $20 close the 107th Congress, they will likely rial was ordered to be printed in the million in truck security grants, a senior have established a Department of Homeland RECORD, as follows: Transportation Department official said. Security and approved port security, border The agency also has deferred reimburse- security and bioterrorism measures. But [From the Washington Post, Nov. 19, 2002] ments to the airlines for cockpit door retro- none has been fully funded. SPENDING BILL DELAYS CRIMP WAR ON fits. TSA employees scattered around 429 air- The president’s budget promised that $3.5 TERROR ports are without computers or administra- billion would begin flowing in October to CONGRESS’S INACTION SLOWS DOMESTIC PLANS tive support. And if Congress does not act ‘‘first responders,’’ but fire crews, police offi- (By Jonathan Weisman) quickly in January, when TSA employees cers and emergency workers are still waiting must receive a mandatory 3.1 percent pay for even a penny. With their political attention focused on raise, the agency will have to furlough hun- One executive of the American College of establishing a Department of Homeland Se- dreds of its workers. Emergency Physicians recalled an invitation curity, Congress and the White House have ‘‘There are a lot of agencies that are going to the White House in June to watch Bush given up funding many of the department’s to be in the soup on this thing,’’ said one ad- sign the Bioterrorism Preparedness Act, proposed functions, at least in the short run. ministration official, who refused to be iden- which authorized Congress to send $520 mil- As a result, programs such as trucking secu- tified. ‘‘But the biggest problems are at TSA. lion to hospital emergency rooms. So far, rity, bioterrorism defense and customs oper- They’re going to be clobbered.’’ though, only about $135 million has been ations are strapped for cash, perhaps well Rep. David R. Obey (Wis.), the ranking made available, and the official said her or- into next year. Democrat on the House Appropriations Com- ganization has seen none of it. Congress’s decision to fund the government mittee, called the performance ‘‘a disgrace’’ Two years ago, Congress began providing at 2002 levels until Jan. 11 could mean fed- and ‘‘a spectacular abdication of responsi- $360 million for federal grants to local eral, state and local agencies expecting large bility.’’ House Appropriations Committee firehouses. The House promised to increase increases for emergency response, new equip- Chairman C.W. Bill Young (R–Fla.) was less that number to $400 million this year. The ment and other needs will not see additional forceful but conceded that Congress’s action Senate promised $900 million. So far, fire- money until spring, halfway through the fis- was ‘‘not the best way to fund the govern- fighters have gotten nothing. cal year that began Oct. 1. Budget experts ment.’’ ‘‘There has been a tremendous amount of say Congress is unlikely to pass any 2003 Homeland security is just one area that rhetoric and a tremendous amount of utiliza- nondefense spending bills until February at fell victim to Congress’s failure to pass new tion [by politicians] of fire services whose the earliest. appropriations bills. House Republicans were new status was purchased at such a high ‘‘After the attacks of September 11, many bitterly divided all year between moderates, cost,’’ said Garry L. Briese, executive direc- of us anticipated with urgency what should who wanted to spend more on nondefense do- tor of the International Association of Fire have been recognized by Congress—that all mestic programs, and conservatives, who Chiefs. ‘‘But their actions do not reflect the this money would have been passed by Octo- wanted to stick to the president’s austere words.’’ End of story ber 1,’’ said Matthew R. Bettenhausen, direc- spending limits. In the end, the House passed Mr. President, it’s not just our counter ter- tor of homeland security for Illinois. ‘‘Now, only two of the 11 annual nondefense appro- rorism operations that need to be funded. it’s not going to be until calendar year ’03 priations bills. Our domestic priorities are also hurting. For that they even consider the president’s pro- Democrats on the Senate Appropriations example, the Administration has boasted posals.’’ Committee pushed through all 13 of their about the education bill, the No Child Left Spokesmen for various Federal agencies spending bills at levels well above House lev- Behind Act, which the president signed in say their departments are functioning fine els, but they managed to get only one non- 2002. Yet we haven’t come close to funding under the temporary funding measures, defense spending bill through the full Sen- the programs authorized in the bill. Leaving known as continuing resolutions. White ate. town without funding these and other prior- House budget officials say they can shore up To be sure, some homeland defense func- ities is irresponsible. programs as needed by shifting funds from tions are moving forward. The temporary We have also failed to act on the Medicare where they are not needed, or tapping spending resolution funds the government at give-back bill (S. 3018), leaving physicians, unspent money from the last fiscal year. 2002 levels, but it also carries forward emer- rural hospitals, nursing homes, ambulance But Federal officials speaking on condition gency spending approved shortly after Sept. providers and pathologists without adequate of anonymity say the stalemate will have se- 11, 2001. For example, the $151 million fund reimbursements from the federal govern- rious consequences. The director of the Na- that Congress provided the Food and Drug ment. Adjourning without ensuring proper tional Institutes of Health told Congress in Administration for an emergency food safety Medicare reimbursements to these providers October that if his agency did not receive re- program will remain flush. The stopgap means they will have to choose between quested funding increases soon, he would spending resolution, expected to pass the helping patients while operating at a finan- have to scale back bioterrorism research Senate this week, also allows the president cial loss or discontinuing services. What an grants scheduled to be awarded in December to redirect $640 million from other programs unfair choice to leave those who help our and January. Biodefense ‘‘is one program to the newly created Homeland Security De- senior citizens! that was slated to markedly increase in 2003, partment. Adjourning now will also leave states like so a continuing resolution there for any And in some cases, more money would do Arkansas in the lurch. The Senate Finance length of time will greatly impair that pro- little good for agencies still struggling to Committee passed a three-year reauthoriza- gram,’’ Director Elias A. Zerhouni warned. come to grips with their new security re- tion of welfare, but we didn’t complete this Congress has provided the entire Federal sponsibilities. Congress has failed to provide bill on the Senate floor. Arkansas has one of Government’s bioterrorism program with the U.S. Border Patrol with funds it would the six state legislatures that meet bienni- $1.5 billion, a fraction of the president’s $4.3 need to hire 570 agents that lawmakers have ally and is one of the 19 states that must billion request, said G. William Hoagland, requested. But, said patrol spokesman Mario pass two-year budgets. Our legislature meets Republican staff director of the Senate Budg- Villarreal, the agency’s recruiting efforts early next year. How will they be able to et Committee. could not reach last year’s goal of 10,551 Bor- plan their budget if they don’t know what The Customs Service has reached agree- der Patrol agents, in part because about 750 federal money they will be getting for their ments with nine countries to inspect massive agents quit to become air marshals for the TANF (Temporary Assistance for Needy shipping containers heading to the United TSA. Families) program? TANF is one of the States from 15 of the world’s 20 largest ports, Still, Congress’s failures have left bitter major federal programs designed to help but it will likely have to postpone the de- feelings, especially with organizations that needy families with children. An estimated ployment of agents that had been scheduled backed politicians in exchange for promises 5.5 million parents and children depend on for January. they fear will be broken. welfare benefits for a monthly cash check. The Department of Energy’s National Nu- ‘‘It’s going to be my members, wherever An additional 1 million families do not re- clear Security Administration has frozen the next [terrorist] event is, God forbid, that ceive a cash payment, but depend on TANF hiring, even as it tries to ramp up security are the first on the scene, and we have a fed- for child care and/or transportation subsidies at the nation’s nuclear weapons plants and eral government that has been unable to put which are essential to enable parents to laboratories. In a Nov. 15 memo, the agency’s any money on the ground to help them,’’ said work and move toward self-sufficiency. How acting administrator, Linton F. Brooks, told Harold A. Schaitberger, president of the can we leave 6.5 million people in the lurch? agency chiefs that Congress’s actions had International Association of Fire Fighters. Lastly Mr. President, it took headlines and presented ‘‘a serious management challenge’’ And for state governments facing severe plummeting stock shares to alert the nation that forced him to impose the freeze to avoid fiscal crises, the failure of Congress to pro- to the vast fraud and greed which had in- large reductions in force later in the fiscal vide federal help has been particularly ill- flated the Wall-Street stock bubble. The gov- year. timed, said Philip G. Cabaud Jr., Delaware’s ernment and the Congress had no clue what Major computer purchases to bolster the homeland security adviser. was going on and the public suffered. In president’s border security initiative are on President Bush and Congress can claim order to remedy this problem the Congress hold. And the newly established Transpor- great success in establishing the framework overwhelmingly approved the Sarbanes- tation Security Administration, operating for the nation’s eventual response to ter- Oxley Act. This new law authorized a 77 per- on $466 million less than it expected for the rorist threats. Before lawmakers officially cent increase in SEC funding to $776 million.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.047 S20PT2 S11714 CONGRESSIONAL RECORD — SENATE November 20, 2002 The increase was included in both the Sar- since January in direct talks to seek a S. 2212 focused on two primary banes bill here in the Senate and in the resolution of the division of Cyprus is changes to the 1994 American Indian House-passed H.R. 3764. But now we are seen as evidence of the positive lever- Trust Fund Management Reform Act, learning that the White House doesn’t want age exacted by expected EU accession. the underlying law governing Indian to fund the full authorization and is ready to As a result of these continuous meet- propose nearly a third less than that. That is trust funds management. First, it outrageous and I think the public should pay ings, other international efforts have would have created a single line of au- attention to this issue. Unless the authoriza- occurred such as the recent submission thority in the Interior Department by tion is funded it is meaningless. Meaningless, by the U.N. Secretary General of a establishing a Deputy Secretary for Mr. President, a hollow position crafted for comprehensive proposal for the solu- Trust Management and Reform; and an age of thirty second sound bites. The pub- tion of the Cyprus problem. If it were second, the bill would have strength- lic should not allow this to go on. not for Turkey’s desire to also be an ened provisions for Indian tribes and Congress should fund the priorities we EU member knowing that other EU beneficiaries to directly manage or co- have authorized. That is why I oppose the members could block this goal it is long-term continuing resolution. manage with the Interior Secretary questionable whether these talks would trust funds and assets, based on suc- f even be taking place. That, along with cessful self-determination policies. improved economic prosperity and Based on comments received from CYPRUS’ MEMBERSHIP TO THE guaranteed human rights, is why it was EUROPEAN UNION tribes, we amended S. 2212 to affirm the vital that the Senate go on record as fiduciary standards to be applied to the Ms. SNOWE. Mr. President, the Sen- supporting Cyprus’ EU membership. management of Indian trust funds and ate has recently passed by unanimous f assets, as well as to abolish the Office consent a resolution, S. Con. Res. 122, INDIAN TRUST FUNDS of Special Trustee and establish the Of- that I, along with Senators BIDEN and MANAGEMENT fice of Trust Reform under the new SARBANES introduced expressing sup- Deputy Secretary. The Advisory Com- Mr. MCCAIN. Mr. President, I would port for Cyprus’ membership in the Eu- mittee to the Special Trustee would like to make a brief statement for the ropean Union, EU. This is a timely and have been replaced with a task force RECORD regarding an issue of signifi- significant statement of support for composed of representatives of the cant importance to me, and that is the the Senate to make on the cusp of Cy- tribes and the Department who would prus’ membership and I would like to fiduciary and trust responsibility of the United States toward Native Amer- work with the new Deputy Secretary thank Senators BIDEN and SARBANES to develop recommendations for fur- for their efforts toward achieving the icans for management of trust assets and trust funds. ther necessary changes to the laws gov- passage of S. Con. Res. 122. erning the management of trust assets Just this past month, Cyprus moved Earlier this year, I introduced S. 2212, the Indian Trust Asset and Trust and trust funds. yet another step closer to its goal of The changes represented in S. 2212 EU membership. At the end of October, Fund Management and Reform Act of 2002. This legislation would have were modest, but important. It could the 15 European nations met in Brus- have formed the basis for a stronger sels and endorsed the recommendations amended the 1994 American Indian Trust Fund Management Reform Act partnership between the tribal bene- of the European Commission that Cy- ficiaries and the Interior Department, prus and nine other countries become to initiate further reform of the administration and management of the assets instituting congressional requirements EU members in 2004. It was agreed that for development of consensus policies Cyprus had fulfilled the political cri- and funds held by the United States in trust for federally recognized Indian governing trust standards and addi- teria for accession and will be able to tional management reforms. Such a meet the economic criteria and assume tribes and individual Indians. I was pleased to be joined in this effort by partnership would have set the Depart- the obligations of membership. It is ex- my distinguished colleagues, the two ment and the tribes on a course toward pected that an official invitation for Senators from South Dakota, Mr. resolution of the problems that have membership will be expanded this De- DASCHLE and Mr. JOHNSON, and I appre- plagued the management of the trust cember, with accession in 2004. ciate the time and effort they have ex- funds and assets for more than a cen- The EU countries did reaffirm the pended as we have tried to move the tury. call for continuing efforts by President bill toward enactment. Unfortunately, we are at the end of Clerides and Turkish-Cypriots to work I also thank the chairman of the the 107th Congress and no further ac- toward a solution to the Cyprus prob- Committee on Indian Affairs, Senator tion will be taken on S. 2212. A suffi- lem by the end of the year. However, as INOUYE, for holding a hearing on S. 2212 cient consensus could not be reached was stated at the Helsinki Summit in in July. As a result of the testimony among the tribes as well as between 1999, such a solution is not a pre- received in the hearing and the com- the tribes and the Department of the condition for Cyprus’ membership. ments from many of the Indian tribes Interior to allow us to move forward to After 27 years Cyprus remains a di- that would be affected by this legisla- enact the bill. By failing to enact legis- vided nation. However, as an EU mem- tion, we developed an amendment in lation like S. 2212 this year, the Con- ber, the entire island of Cyprus will see the nature of a substitute which sig- gress is not fulfilling its responsibility economic benefits. All Cypriots will nificantly improved the original bill. to the Indian tribes and individuals have access to new markets, a freer ex- Many tribal leaders shared comments who have suffered from decades of Fed- change of goods and services, balanced and offered recommendations to us in eral mismanagement. and sustainable development as well as the process and were grateful for their For most of this year, tribal rep- the free movement of persons, goods efforts. resentatives have been working on a and services, and capital. By sponsoring this legislation, Sen- range of possible reforms through a But EU membership is not only ators DASCHLE, JOHNSON, and I in- special task force established by Sec- about economic prosperity it is also tended to express congressional sup- retary Norton after the tribes resound- about human rights. The EU guaran- port and provide direction for reform of ingly rejected her administrative re- tees citizens of its members human, the Federal Government’s management form proposal during 2001. Despite the legal and civil rights as well as the of Indian trust funds and assets, which efforts of the tribes, the discussions means and legal recourse necessary to has for some time been subject to in- with the Interior Department cul- secure the full application of these fun- tense criticism and scrutiny by the minated in an impasse and an end to damental individual rights. Federal courts. High-level Government the Department’s participation in the Moreover, Cyprus’ EU membership officials have been held in civil con- task force. will be, and has been, a catalyst for the tempt twice by the U.S. District Court The Department’s latest action is un- solution to the Cyprus problem as the here in Washington, DC, for their ab- fortunate, but it is certainly not the mere prospect of membership has al- ject breach of fiduciary duties as well first time the tribes and the Depart- ready yielded progress. That Cypriot as the continuing failure to comply ment have been unable to agree. It President Clerides and Turkish-Cypriot with statutory mandates and court or- should not pose an insurmountable leader Denktash have been meeting ders. hurdle for the Congress to act. In fact,

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.048 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11715 it merely adds impetus to the need for Keishuna Young, 15, with his car be- speak passionately and eloquently amendments to the 1994 act, particu- cause she is black. Bargeron yelled ra- about the issues he cared so deeply larly to ensure through legislative lan- cial slurs at Keishuna and her friend as about Paul distinguished himself as an guage that the Interior Department he drove by in his car. Seconds later, exceptional Senator and an extraor- would be required to consult and work he turned around and tried to ram her dinary human being. with the affected beneficiaries on any with his car. Keishuna sustained mul- Over the course of his tenure in the reforms or changes to its management. tiple injuries when she rolled off the Senate, Paul became a dear friend. Be- Court requirements may now compel car onto the pavement. cause of the chronic discomfort he ex- the Interior Department to once again I believe that Government’s first perienced as a consequence of his life- develop its own management reforms duty is to defend its citizens, to defend time love of the sport of wrestling, he without the consultation or agreement them against the harms that come out was interested in my experiences with of the affected beneficiaries. of hate. The Local Law Enforcement hip replacement surgery. At the start The sponsors of S. 2212 were told that Enhancement Act of 2001 is now a sym- of the 107th Congress, our offices were we shouldn’t act on this legislation in bol that can become substance. I be- next to one another. His boundless en- this session because of the lack of lieve that by passing this legislation ergy, enthusiasm, and good spirits were agreement between the tribes and the and changing current law, we can always welcome and brightened the Department of the Interior. At the change hearts and minds as well. day for everyone he greeted on his way to and from his office. I remember one same time, several efforts ensued by f the Department and some tribal rep- conversation on a long bus ride back TRIBUTE TO SENATOR PAUL resentatives to add legislative riders to from a Democratic retreat in Pennsyl- WELLSTONE vania. My eldest son, Danny, had appropriations bills or other must-pass joined Millie and me for the weekend, legislation. These were efforts I could Mr. AKAKA. Mr. President, as the and he struck up a quick friendship not support as I continue to abide by 107th Congress nears its conclusion, I with Paul and Sheila. Over the course the principle of legislating through the rise to join my colleagues in remem- bering our beloved colleague, Senator of ride back to Washington, we dis- open processes of the Congress. cussed philosophy and politics, the up- It is certainly true that no one fully Paul Wellstone. Our thoughts and coming midterm elections, destiny, agreed with everything in S. 2212. That prayers are with the Wellstone family, and the power of living in consonance fact suggests to me that the bill de- Paul’s staff, and the people of Min- with your values and beliefs. I listened served our full and fair consideration nesota. We are all saddened by the tragic deaths of Paul and Sheila as Paul and my son agreed on the im- because it represented a balanced ap- portance of living life to the fullest and proach. S. 2212 was intended to foster a Wellstone, their daughter, Marcia Wellstone Markuson, and the Wellstone living every day as if it is your last. process of further reform in the years That day stays with me because that is ahead and not to impose some sort of staffers and pilots. America will sorely miss Paul precisely the way Paul Wellstone lived ‘‘quick fix’’ or ‘‘final remedy’’ that is his life. He celebrated life. He loved his not fully embraced by all interested Wellstone and his passionate advocacy on behalf of those in our communities job and his constituents. He adored and affected parties. Sheila and his children and grand- Senators DASCHLE, JOHNSON, and I and our country who too often feel that no one in Washington hears their voice. children. He always made the time to worked very hard to achieve consensus greet, talk to, or offer words of encour- on S. 2212 and while we garnered sig- Paul Wellstone was their voice, he was their champion, driven by his unwaver- agement to everyone he encountered as nificant tribal support for this legisla- he went about his day. To me, this is tive remedy, we abided by the wishes of ing conviction that government can and should be a force for good in peo- Paul’s greatest legacy, the lives he the tribal task force leadership to touched, the people he inspired, the ple’s lives. Paul was a caring, per- withhold from further action on the spirits he lifted with his message of sistent, and passionate advocate for bill. Without legislative reform this hope and justice. year, I am very much concerned that veterans, children, the mentally ill, Paul had hoped to visit Hawaii after trust duties will effectively be rede- and working families. He was com- the November election and had spoken fined and reassigned by the courts and mitted to ensuring that all Americans to my son Danny about bringing his en- the Department without the input or had the opportunity to make a better tire family for some well-deserved rest approval of the Congress and the af- life for themselves and their families, and relaxation. Paul and Sheila never fected beneficiaries. and that wherever possible, govern- had the opportunity to visit Hawaii I have no doubt that the Congress ment act as a positive instrument to with their children and grandchildren will be urged to act again in the 108th advance opportunity and equality for as we talked about, but they truly Congress as the matter of trust fund all Americans in education, job train- lived aloha. For aloha is love. And love management will continue to require ing, access to health care, and the is the spirit that brings people together legislative review and reform. I believe availability of quality health care. He in harmony. In its true sense, aloha has a significant opportunity may have was driven by his commitment to civil to be transmitted to others, especially been lost by not enacting S. 2212, but I rights and equal justice. Whether to each other, and aloha really is in the remain committed to ensure that the speaking on the Senate floor or to a giving, not the taking. When you give, Federal Government’s responsibility to workers’ rally, retracing Robert F. you are sharing aloha. This is how Paul the individual and tribal beneficiaries Kennedy’s tour of America’s poorest and Sheila Wellstone lived their lives will be fulfilled. communities, or visiting veterans hos- and it is why we in the Senate family f pitalized in Minnesota, Paul lived his miss Paul and Sheila terribly. I want convictions and values. Whether you LOCAL LAW ENFORCEMENT ACT to bid Paul and Sheila Wellstone a fond agreed or disagreed with Paul aloha. May God bless them and the OF 2001 Wellstone on an issue, there was never Wellstone family. Na Iehowa ’oe e Mr. SMITH of Oregon. Mr. President, any doubt about his integrity, the pas- ho’omaika’i mai, a e malama mai—The I rise today to speak about hate crimes sion and commitment he brought to his Lord bless you and keep you. legislation I introduced with Senator work, and the deep pride he felt in Mrs. LINCOLN. Mr. President, I ap- KENNEDY in March of last year. The serving the people of Minnesota in the preciate this opportunity to add my Local Law Enforcement Act of 2001 Senate. voice to those who have spoken in would add new categories to current Paul and I were both first elected to honor of our late colleague Senator hate crimes legislation sending a sig- the Senate in November 1990. I had Paul Wellstone. nal that violence of any kind is unac- been appointed to the Senate a few In the 4 years we served together, ceptable in our society. months earlier, but we were both the Paul and I didn’t always vote the same I would like to describe a terrible new kids on the block. From the out- way. But we shared the most impor- crime that occurred January 16, 2002 in set, with his incandescent personality, tant value of all: We wanted to do best Atlanta, GA. According to police, Mi- exacting integrity, commitment to the for the people who sent us to the Sen- chael Keith Bargeron intentionally hit values he espoused and the ability to ate to represent them. On a full range

VerDate 0ct 31 2002 02:32 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.069 S20PT2 S11716 CONGRESSIONAL RECORD — SENATE November 20, 2002 of issues, from education to health care Such maximum sentences would be The basic premise of my responses to veterans affairs, Paul fought tire- consistent with similar Federal stat- has been that participants ought to be lessly for what he believed was best for utes. For example, the 1994 law pro- intellectually honest in the data used the people of Minnesota and the United scribing museum theft carriers a 10- in the debate. Reasonable folks can dif- States. year maximum sentence, as do the gen- fer on whether bipartisan tax relief is a I admired Paul’s conviction and pas- eral statutes punishing theft and the good idea or not. We ought to conduct sion in presenting his viewpoints and destruction of Government property. that debate in a fair and open manner. arguing his case. I admired his honesty Moreover, increasing the maximum Apparently, my responses caught the and conscientiousness in standing up sentences will give judges and the Sen- eye of a key opinion maker, Mr. Paul for what he believed. Most of all, I ad- tencing Commission greater discretion Krugman of the New York Times. Mr. mired the goodwill and sense of fair- to impose punishments appropriate to Krugman is a regular columnist and fo- ness that he brought to this body. I the amount of destruction a defendant cuses mainly on economic policy. Mr. hope that even though we won’t always has done. Krugman took aim at me and my agree in our debates here, we can al- Making these changes will also en- statements in a column, dated October ways keep alive that same spirit of able the Sentencing Commission’s re- 18, 2002. I ask unanimous consent that goodwill, fairness, and openness. cent sentencing guidelines to be fully a copy of that op-ed be included in the Paul Wellstone wasn’t from the implemented. The Commission has in- RECORD. South, but he possessed all the quali- creased sentencing guidelines for cul- Mr. Krugman defended the often- ties of a Southern gentleman. He was tural heritage crimes, but the statu- mentioned but seldom-sourced statistic never rude or mean-spirited toward tory maximum penalties contained in on distribution of the benefits of the those who disagreed with him, and he current law will prevent judges from tax relief package. It’s the statistic we was unfailingly civil to both his allies issuing sentences in the upper range of hear over and over again. The statistic and his adversaries. I feel fortunate to the new guidelines. Those new guide- claims that 40 percent of the benefits of have had him as a colleague and lines have the enthusiastic support of the tax relief package go to the top 1 blessed to have had him as a friend. He the Justice and Interior Departments, percent of taxpayers. will be sorely missed. Mr. Krugman claims that I did not I would like to pay tribute also to the Society for American Archaeology, have an alternative answer to the 40 the two members of Paul’s family—his the National Trust for Historic Preser- percent statistics. wife Sheila and his daughter Marcia— vation, numerous Native American na- I responded in a letter to the editor, who perished with him on October 25. tions, and many others. Two of the three laws this legislation dated October 24, 2002. Furthermore, three members of Paul’s amends protect Native American lands My letter sources data from the unbi- campaign staff—Will McLaughlin, Tom ased, official scorekeeper of tax policy Lapic, and Mary McEvoy—and two pi- and property. The third, ARPA, pro- for Congress, the Joint Committee on lots—Richard Conroy and Michael tects both public and Indian lands, and Taxation. This data had been placed in Guess—lost their lives in that accident. provides significant protection to my the record in the statements Mr. My deepest sympathies and my prayers State of Vermont. For example, ARPA Krugman criticized. That data, updated go out to their families and friends in can be used to prosecute those who for the last year the tax cut is distrib- this time of loss. would steal artifacts from the wrecked military vessels at the bottom of Lake uted, 2006, shows that the top 1 percent f Champlain that date to the Revolu- of taxpayers will receive a lower share ENHANCED PROTECTION OF OUR tionary War and the War of 1812. U.S. of the benefits of the tax cut, 27 per- CULTURAL HERITAGE ACT attorneys can also use ARPA to pros- cent, than their burden, 33 percent. The Mr. LEAHY. I am pleased that the ecute criminals who take items that remaining difference of 6 percent is dis- Senate late last night passed S. 2598, are at least 100 years old from a pro- tributed to taxpayers within comes the Enhanced Protection of Our Cul- tected site on Vermont State property below $100,000. That’s why Joint Tax tural Heritage, EPOCH, Act of 2002, without a permit, and then transport concludes that the bipartisan tax relief which I introduced earlier this year those goods into another State. In ad- makes the Tax Code more progressive. with Senators INOUYE, CLINTON, BINGA- dition, ARPA protects artifacts found By the way, this fact is not inci- MAN, and BOXER. This legislation in- on the approximately 5 percent of dental. It reveals a key ingredient to creases the maximum penalties for vio- Vermont land that is Federal property, our bipartisan success in 2001. lations of three existing statutes that land that includes many ‘‘ghost towns’’ My Democratic partners in the bipar- protect the cultural and archaeological that have long been abandoned but are tisan bill insisted that we make the history of the American people, par- an important part of our history. Tax Code more progressive as a condi- ticularly Native Americans. The U.S. Those who would pillage the rich cul- tion for their support. That was a con- Sentencing Commission recommended tural heritage of this Nation and its dition that I shared with them. We the statutory changes contained in this people are committing serious crimes. would not have produced the bill in the bill, which would complement the These artifacts are the legacy of all Senate without their support. Commission’s strengthening of Federal Americans and should not be degraded Mr. Krugman struck back at me sentencing guidelines to ensure more as garage sale commodities or as fod- again in a column dated October 29, stringent penalties for criminals who der for private enrichment. 2002. He claimed my letter was steal from our public lands. f ‘‘misleading’’ because I did not include This bill increases the maximum the benefits of death tax relief in the penalities for the Archaeological Re- ACCURACY IN STATISTICS AND analysis. I ask unanimous consent that sources Protection Act, ARPA, 16 THE DEBATE OVER BIPARTISAN a copy of that op-ed be included in the U.S.C. § 470ee, the Native American TAX RELIEF RECORD. Graves Protection and Repatriation Mr. GRASSLEY. Mr. President, I rise I prepared a response to Mr. Act, NAGPRA, 18 U.S.C. § 1170, and for today to discuss the importance of ac- Krugman and submitted it to the New 18 U.S.C. § 1163, which prohibits theft curacy in the debate over bipartisan York Times editor. Unfortunately, the from Indian tribal organizations. All tax relief. Times policy only permits two re- three statutes currently impose a 5- I was very pleased to work with over sponses per person per year. So, Mr. year maximum sentence, and each in- one-fourth of the Senate Democratic Krugman can attack me every week if cludes a lower maximum for a first of- Caucus in passing the largest tax cut in he wants to and my responses are lim- fense of the statute and/or a violation a generation. That legislation has been ited. So, Mr. Krugman and the Times of the statute involving property of the subject of a coordinated attack by policy left me with the recourse of re- less than a specified value. The bill the Democratic leadership and some of sponding on the Senate floor. Other- would create a 10-year maximum sen- its allies in the media. For almost a wise, his charge would stand unan- tence for each statute, while elimi- year and a half, I have responded to swered. That would be wrong. nating the lower maximums under these attacks in committee, on the Joint Tax does not distribute the ARPA and NAGPRA for first offenses. Senate floor, and in the media. death tax benefit because the analysis

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.040 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11717 requires a conceptual leap. Economists every point when I have debated the I ask unanimous consent to print the have attempted to distribute the death other side of this issue, I have provided aforementioned materials in the tax benefit. the source of my statistics. RECORD. For instance, the Clinton Treasury The source of the data is important There being no objection, the mate- performed an analysis at about the because, in an honest debate, any bi- rial was ordered to be printed in the same time the former President was ases should be revealed. The source of RECORD, as follows: readying a veto on a tax bill that con- Mr. Krugman’s statistic is Bob McIn- WASHINGTON, DC. tained death tax relief. Joint Tax at- tyre of the Citizens for Tax Justice. I October 30, 2002. tempted to distribute the same kind of respect Mr. McIntyre as a spirited lib- Re ‘‘For the People,’’ by Paul Krugman analysis in the early 1990s, but aban- eral advocate of his version of tax re- (column, Oct. 29): I continue to call for doned it after finding problems with it. form. Mr. McIntyre’s organization has unbiased tax data in policy debates. If you only read Mr. Krugman’s col- an agenda. It is a tax policy agenda To the EDITOR, umns, you would think that this anal- that tends to be on the left side of the The New York Times. New York, NY. ysis is straight forward. It is not. Basi- political spectrum. There are com- cally, to get to where Mr. Krugman and peting organizations on the right side MAYBE YOU CAN TAKE IT WITH YOU his allies want to go, you have to make of the political spectrum such as the I share many of Mr. Krugman’s sentiments about my late neighbor and friend, Senator a conceptual leap. You have to assume Heritage Foundation. These organiza- Paul Wellstone. As the Senate’s only work- that heirs of an estate have the same tions also produce data on tax legisla- ing farmer, I was a ready partner of Senator income tax profile as the dead person. tion. I doubt Mr. Krugman would ever Wellstone in efforts to help family farmers. So, you need to ignore the reality that, use alternative analyses. If he did use Mr. Krugman described the data in my let- for instance, tax-exempt organizations, these analyses, I would expect him to ter as ‘‘misleading.’’ His dispute lies not can be heirs of an estate. You need to cite the source. with me, but with Congress’ official, unbi- ignore the reality that, as a general There are also unbiased sources of ased, tax policy scorekeeper, the Joint Com- mittee on Taxation. Joint Tax says ‘‘estate matter, no two sets of heirs look the data. an honest debate ought to bring and gift taxes are not included due to uncer- same for income tax purposes. For out that data and distinguish it from tainty concerning the incidence of those these reasons, an unbiased official data produced from biased sources. The taxes.’’ source, like Joint Tax, does not dis- Joint Committee on Taxation, estab- The uncertainty arises, in part, because es- tribute the death tax. That was the lished in 1926, is an unbiased source of tate tax relief goes to the estate’s heirs, not point I was not permitted to make in a data on tax policy. By definition, Con- the dead person. For income tax purposes, response. gress’ official tax policy scorekeeper, generally the person earning income is alive For the sake of argument, however, to enjoy it. Attempts to distribute the estate Joint Tax works for the House and tax benefit are, at best, a very rough calcula- let’s give Mr. Krugman the benefit of Senate. Joint Tax works for both sides tion. In effect, those who take Mr. the doubt. Let’s stack the deck further of the aisle. Senator MAX BAUCUS, a Krugman’s view, believe the dead person ben- in his favor by assuming that all of the Democrat from Montana, is the current efits from estate tax relief. Only those in the death tax relief provided in 2006 inures Chairman of Joint Tax. Last year, Con- ivory towers of academia believe you can to the benefit of the top 1 percent. gressman BILL THOMAS, a Republican take tax relief to the grave. Let’s perform this calculation even from California, was Chairman. Sincerely, though it is analytically unsound. If Opponents of the bipartisan tax relief Senator CHUCK GRASSLEY, you add that revenue loss, about $4.6 package, like Mr. Krugman, do not use Ranking Member, Finance Committee. billion for 2006, into Joint Tax’s dis- this objective source of data. [From the New York Times, Oct. 29, 2002] tribution table, you will find that the If we are to change the tone in Wash- FOR THE PEOPLE top 1 percent receive 29 percent of the ington, not only do we need to be hon- (By Paul Krugman) benefits of the tax relief package. This est about statistics, but we should put Ghoulish but true: as Minnesota mourns compares with the 27 percent official statistics in the proper context. Mr. the death of Senator Paul Wellstone, many Joint Tax figure. Recall that the top 1 Krugman uses the tax benefit figure in of the state’s residents have been receiving percent bear 33 percent of the income isolation. Mr. Krugman ignores the fliers bearing a picture of a tombstone. The tax burden. In this case, the 4 percent context of tax burden. Joint Tax’s dis- flier, sent out by a conservative business difference, once again, though to a tribution analysis for 2006, shows that group, denounce the late senator’s support smaller degree, increases the progres- taxpayers who received the greatest re- for maintaining the estate tax. Under the sivity of the Federal tax system. duction in their tax burden were those tombstone, the text reads in part: ‘‘Paul Wellstone not only wants to tax you and Mr. Krugman also cites an alter- with incomes between $10,000 and your business to death . . . he wants to tax native tax burden, total Federal taxes, $40,000. For instance, taxpayers with you in the hereafter.’’ as the appropriate measure. Joint incomes between $10,000 and $20,000 will To be fair, the people who mailed out those Tax’s distribution analysis includes the enjoy a reduction in their tax burden of fliers—which are carefully worded so that Federal tax burden and as the projec- 13.6 percent. Taxpayers with incomes the cost of the mailing doesn’t officially tion for the last year shows the total over $200,000 will see their tax burden count as a campaign contribution—didn’t Federal tax system was made more reduced by 6.1 percent. This example, know how tasteless they would now appear. Yet in a sense the mass mailing is a fitting progressive. drawn from Joint Tax, not a conserv- epitaph; it reminds us what Paul Wellstone Mr. President, I agree with Mr. ative think tank, puts the benefits of stood for, and how brave he was to take that Krugman on some things. We need to the tax cut in context. stand. Sometimes it seems as if Americans change the tone in Washington. If the I agree with Mr. Krugman’s objec- have forgotten what courage means. Here’s a tone is to change, all participants, in- tive. I also agree with many of his sen- hint: talking tough doesn’t make you a hero; cluding public servants, like myself, timents about my late friend, Senator you have to take personal risks. And I’m not and opinion makers, like Mr. Krugman, Paul Wellstone. Senator Wellstone just taking about physical risks—though it’s must participate in the change. liked a good and vigorous debate. He striking how few of our biggest flag wavers Several things must happen if the did so in an intellectually honest man- have ever put themselves in harm’s way. tone in Washington is to change. The What we should demand of our representa- ner. Let’s change the tone in Wash- tives in Washington is the willingness to first thing that needs to happen is ev- ington. Mr. Krugman has a role as an take political risks—to make a stand on eryone must debate in an intellectually opinion maker who opposes last year’s principle, even if it means taking on power- honest manner. This means when a sta- bipartisan tax relief package. I wel- ful interest groups. tistic is used, the source should be ref- come a lively exchange with him and Paul Wellstone took risks. He was, every- erenced. Mr. Krugman’s op-ed is the others of his view. All I ask is that we one acknowledges, a political who truly rare exception when the source of the have that exchange in intellectually voted his convictions, who supported what 40 percent figure has been revealed. he thought was right, not what he thought honest terms. would help him get re-elected. He took risky Over the last 18 months, in countless So I describe a real difference in the stands on many issues: agree or disagree, Congressional debates, in press reports, approach of midwestern transparent you have to admit that his vote against au- and other venues, the 40 percent figure Iowans and that of an ivory tower east- thorization for an Iraq war was a singularly has been used without attribution. At erner. brave act. Yet the most consistent theme in

VerDate 0ct 31 2002 02:58 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.064 S20PT2 S11718 CONGRESSIONAL RECORD — SENATE November 20, 2002 his record was economic—his courageous $10,000 and $40,000. Those with incomes be- tration’s systematic evasiveness on the ques- support for the interests of ordinary Ameri- tween $10,000 and $20,000 will enjoy a reduction of who benefits from the tax cut cans against the growing power of our tion of 13.6 percent. Those with incomes of amounts to a plea of nolo contendere. emerging plutocracy. more than $200,000 will see their burden re- Which brings us back to the new tone in In our money-dominated politics, that’s a duced by 6.1 percent. Intellectual honesty de- Washington. dangerous position to take. When Mr. mands putting tax data in context. When Ronald Reagan cut taxes on rich peo- Wellstone first ran for the Senate, his oppo- CHUCK GRASSLEY. ple, he didn’t deny that that was what he nent outspent him seven to one. According was doing. You could agree or disagree with to one of his advisers, the success of that [From the New York Times, Oct. 18, 2002] the supply-side economic theory he used to ramshackle campaign, run from a rickety (By Paul Krugman) justify his actions, but he didn’t pretend green school bus, ‘‘made politics safe for pop- that he was increasing the progressivity of SPRINGTIME FOR HITLER ulists again.’’ the tax system. If only. Almost every politician in modern You may recall that George W. Bush prom- The strategy used to sell the Bush tax cut American pretends to be a populist; indeed, ised, among other things, to change the tone was simply to deny the facts—and to lash it’s a general rule that the more slavishly a in Washington. He made good on that prom- out at anyone who tried to point them out. politician supports the interests of wealthy ise: the tone has certainly changed. And it’s a strategy that, having worked As far as I know, in the past it wasn’t con- individuals and big corporations, the folksier there, is now being applied across the board. sidered appropriate for the occupant of the his manner. But being a genuine populist, Michael Kinsley recently wrote that ‘‘The White House to declare that members of the someone who really tries to stand up against Bush campaign for was against Iraq has been opposition party weren’t interested in the what Mr. Wellstone called ‘‘Robin Hood in insulting to American citizens, not just be- nation’s security. And it certainly wasn’t reverse’’ policies, isn’t easy: you must face cause it has been dishonest, but because it usual to compare anyone who wants to tax the power not just of money, but of sustained has been unserious. A lie is insulting; an ob- the rich—or even anyone who estimates the and shameless hypocrisy. vious lie is doubly insulting.’’ All I can say share of last year’s tax cut that went to the And that’s why those fliers are a perfect il- is, now he notices? It’s been like that all wealthy—to Adolf Hitler. lustration of what Paul Wellstone was fight- along on economic policy. O.K., maybe we should discount remarks ing. You see, some folks must be under the im- by Senator Phil Gramm. When Mr. Gramm On one side, the inclusion of estate tax re- pression that as long as something is re- declared that a proposal to impose a one- peal in last year’s federal tax cut is the most peated often enough, it will become true. time capital gains levy on people who re- striking example to date of how our political That was how George W. Bush got to the top. nounce U.S. citizenship in order to avoid system serves the interests of the wealthy. paying taxes was ‘‘right out of Nazi Ger- f After all, the estate tax affects only a small many,’’ even the ranking Republican on the minority of families; the bulk of the tax is BASELINE FOR FISCAL YEAR 2003 Senate Finance committee, Charles Grass- paid by a tiny elite. In fact, estate tax repeal SPENDING FOR TEA–21 ley, objected to the comparison. favors the wealthy to such an extent that de- But Mr. Grassley must have thought better Mr. INHOFE. Mr. President, as we fenders of last year’s tax cut—like Senator of his objection, since just a few weeks later Charles Grassley, who published a mis- wrap up business for the 107th Con- he decided to use the Hitler analogy himself: leading letter in Friday’s Times—always gress, I would like to engage in a brief ‘‘I am sure voters will get their fill of statis- carefully omit it from calculations of who colloquy with my Environment and tics claiming that the Bush tax cut hands benefits. (The letter talked only about the Public Works Committee and budget out 40 percent of its benefits to the top 1 per- income tax; had he included the effects of es- cent of taxpayers. This is not merely mis- Committee colleagues regarding an tate tax repeal, he would have been forced to leading, it is outright false. Some folks must issue that will set the groundwork for admit that more than 40 percent of the bene- be under the impression that as long as reauthorization of the surface trans- fits of that tax cut go to the wealthiest 1 per- something is repeated often enough, it will portation program next Congress. Spe- cent of the population.) To eliminate the es- become true. That was how Adolf Hitler got tate tax in the face of budget deficits means cifically, what the baseline figure will to the top.’’ making the rich richer even as we slash es- be for the program. Will it reflect the For the record, Robert McIntyre of Citi- sential services for the middle class and the fiscal year 2003 enacted spending level zens for Tax Justice—the original source of poor. or the pending CR level. that 40 percent estimate—is no Adolf Hitler. On the other side, the estate tax debate il- The amazing thing is that Mr. Grassley is As my colleagues know, although lustrates the pervasive hypocrisy of our poli- sometimes described as a moderate. his re- Section 137 of Public Law 107–240, Mak- tics. For repeal of the ‘‘death tax’’ has been marks as just one more indicator that we ing Further Continuing Appropriations cast, incredibly, as a populist issue. Thanks have entered an era of extreme partisan- for fiscal year 2003, provides that the to sustained, lavishly financed propaganda— ship—one that leaves no room for the ac- of which that anti-Wellstone flier was a clas- highway program be funded at the fis- knowledgment of politically inconvenient sic example—millions of Americans imagine, cal year 2002 level of $31.8 billion, sec- facts. For the claim that Mr. Grassley de- wrongly, that the estate tax mainly affects tion 137 limits total annual obligations scribes as ‘‘outright false’’ is, in fact, almost small businesses and farms, and that its re- for the program to not more than $27.7 certainly true; in a rational world it peal will help ordinary people. And who pays wouldn’t even be a matter for argument. billion. Given that the fiscal year 2003 for the propaganda? Guess. It’s amazing what You might imagine that Mr. Grassley has enacted level for surface transpor- money can buy. in hand an alternative answer to the ques- tation may not be known until after In an age of fake populists, Paul Wellstone tion ‘‘How much of the tax cut will go to the the President’s fiscal year 2004 budget was the real thing. Now he’s gone. Will oth- top 1 percent?’’—that the administration ers have the courage to carry on? proposal is submitted, I have a concern has, at some point, produced a number show- that we could be faced with an artifi- ing that the wealthy aren’t getting a big [From the New York Times, Oct. 25, 2002] cially low baseline figure. I hope we share of the benefits. In fact, however, ad- A TAX CUT FOR WHOM? ministration officials have never answered can reach agreement now that it would TO THE EDITOR: Re ‘‘Springtime for Hit- that question. When pressed, they have al- be the intention of the Budget Com- ler,’’ by Paul Krugman (column, Oct. 18): I ways insisted on answering some other ques- mittee to use the highest possible fig- stand by my call for unbiased tax data in tion. ure as the baseline for fiscal year 2003 policy debates. Some observers claim that 40 But last year the Treasury Department did when developing their fiscal year 2004 percent of last year’s tax cuts went to the release a table showing, somewhat inadvert- resolution. Ideally I would like to see a top 1 percent of taxpayers. The Joint Com- ently, that more than 25 percent of the in- baseline of $31.8 billion. mittee on Taxation, Congress’s official, unbi- come tax cut will go to people making more At a minimum I hope that next ased source, says the top 1 percent will re- than $200,000 per year. This number doesn’t ceive 27 percent of the income tax cuts in include the effects of estate tax repeal; in year’s Budget Resolution will ensure 2006, the latest projection available. Tax- 1999 only 2 percent of estates paid any tax, that all revenues into the highway ac- payers with incomes of $200,000 and less will and half of that tax was paid by only 0.16 per- count of the Highway Trust Fund will receive the majority of the tax-cut benefits, cent of estates. The number also probably be available to the EPW Committee for with 67 percent. doesn’t take account of the alternative min- authorization with the existing budg- The real story is that despite those cuts, imum tax, which will snatch away most of etary protections. the top 1 percent of taxpayers will still pay the income tax cut for upper-middle-class I know we can all agree that a strong 33 percent of federal income taxes. They will families, but won’t affect the rich. surface transportation program creates receive a lower share of the income tax cut, Put all this together and it becomes clear 27 percent, than their burden, 33 percent. that, such enough, something like 40 percent and preserves jobs, and thereby boosts The joint committee says the taxpayers of the tax cut—it could be a bit less, but the economy. Beginning reauthoriza- who will receive the greatest reduction in probably it’s considerably more—will go to 1 tion discussions with a low baseline their tax burden have incomes between percent of the population. And the adminis- figure stunts the value of the economic

VerDate 0ct 31 2002 02:58 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.067 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11719 activity that we can realize with a ro- CONGRATULATIONS TO JUDGE officer at GSK, the world’s premier bust program. SERGIO GUTIERREZ pharmaceutical company. Through the If my colleagues would care to com- Mr. CRAIG. Mr. President, today I years, GSK and more importantly, ment, I will be happy to yield. congratulate and honor a man whose countless people around the world have contributions are an example to all of benefitted immeasurably from Bob Mr. JEFFORDS. I thank the Senator Ingram’s compassion, energy, vision for yielding for my comments. I agree us. Idaho’s Judge Sergio Gutierrez was recently recognized by Hispanic Busi- and intelligence. with my colleague Senator INHOFE and ness magazine as one the 100 most in- In recent years, many politicians I look forward to working with him on fluential Hispanics. have engaged in a virtual sport, this major transportation reauthoriza- Judge Gutierrez holds the distinction unjustifiably criticizing pharma- tion bill. He is correct that beginning of being the first Hispanic judge in ceutical companies and the senior ex- reauthorization discussions with a low Idaho. A judge since 1993, he was ap- ecutives who lead them. Thankfully, baseline will hinder our efforts in pointed to the Idaho Court of Appeals the American people have seen though crafting a truly robust national pro- in January of this year by Gov. Dirk many of these attacks for what they gram which will provide strong eco- Kempthorne. Sergio Gutierrez does a are, political expediency. Americans are sophisticated enough nomic and transportation benefits for tremendous job as a judge, but his con- to know that politicians do not develop all regions. I would be happy to yield tributions go far beyond those he has life-saving and life-improving medica- back to my colleague Senator REID. made in his official capacity. Judge tions. Rather, it is the research-based Mr. REID. I agree with my col- Gutierrez has worked to fight drugs, pharmaceutical and biotech industries leagues. The transportation bill will be register voters, curb gang violence, and that invest billions of dollars each year one of the most important pieces of promote education, and he sits on the to develop products that both extend legislation taken up by the next Con- Governor’s Coordinating Council for our lives and improve the quality of Families and Children. I am also hon- gress. The series of reauthorization life for billions of citizens around the ored that he serves as a member of my hearings we held this past year made world. Hispanic advisory group in Idaho. His clear the importance of a well-func- Bob Ingram has served as a beacon, wisdom and advice have been invalu- tioning transportation system to our consistently, respectfully and thought- able assets as we have worked together nation’s economy and quality of life. fully explaining the public health to meet the needs of Idaho’s Hispanic These hearings also laid out the chal- tradeoffs involved in implementing population. lenges our transportation system faces proposed new pharmaceutical regula- It is hard to believe Judge Gutierrez due to increasing congestion, safety tions. It would be impossible to over- was once a ninth grade dropout. How- concerns, the deterioration of our in- state his enormous contribution to rea- ever, with perseverance, he attained frastructure, and the rapid projected soned discourse on this critical subject. growth in freight movements. Finding his GED, worked his way through col- Bob Ingram has long understood that the necessary funds to address these lege, and went on to graduate cum the ultimate victims of an inefficient problems will be our toughest reau- laude from Boise State University, and unproductive industry are the pa- thorization challenge and I hope that later earning a law degree from tients who will lack a safe and effec- we can work closely with the Budget Hastings Law School. tive pharmaceutical therapy for the Judge Gutierrez believes in people, Committee to ensure that we devote ailment that afflicts them not the and he goes out of his way to help oth- the maximum resources possible to pharmaceutical companies or their ers overcome unfortunate cir- maintaining and improving our trans- stockholders as some would have you cumstances that otherwise would limit portation infrastructure. believe. their success. As a judge, he takes the Compassion requires that one stand Mr. BOND. Senator INHOFE accu- opportunity to counsel with those who up in support of what is proper. The rately states that transportation dol- come into his court room. He often in- measure of a leader is that he is willing lars have a direct effect on jobs and the vites defendants into his chambers to to do so when that view is not popular. economy in this country. For example, discuss their futures, including drug re- Bob Ingram has worked tirelessly as earlier this year there was a proposed habilitation, job training, and edu- such a leader. $8.6 billion reduction in fiscal year 2003 cation. This is not a common practice Fortunately, Bob’s retirement from proposed spending from fiscal year 2002 among judges, but it has proven to be his day to day responsibilities at GSK enacted level for highways. This would effective in the lives of the individuals will not mean that he is retiring from cost an estimated 6,600 jobs in Missouri whom Judge Gutierrez has touched. his role as an effective and outspoken alone. Fortunately, the Environment I am proud to know Judge Sergio advocate for the industry. Softening and Public Works Committee in work- Gutierrez, and I would like to thank the blow somewhat is the knowledge ing with our colleagues on the Senate Hispanic Business magazine and its that Bob will continue to fight for the Transportation Appropriation Sub- readers for recognizing this talented well-being of patients as GSK’s rep- committee have proposed full funding man. I would also like to thank Judge resentative to the board of the Phar- for fiscal year 2003. Gutierrez on behalf of the people of maceutical Research and Manufactur- Idaho for the contributions he has More importantly, we need to recog- er’s Association. made to our State and its people. He is Bob, his dear wife Jeannie, and GSK nize that our nation’s transportation truly an inspiring example for all of us. infrastructure is also an issue of safe- employees have long been involved in ty. There is no question that increased f promoting service to others. Together investment in our nation’s transpor- with GSK’s Chief Executive Officer, JP A REMARKABLE AMERICAN: Garnier, Bob Ingram has done much to tation system saves lives. For these ROBERT INGRAM reasons and more, I stand with my col- ensure that GSK serves as a global Mr. HELMS. Mr. President, as my fa- leagues on Environment and Public leader, launching effective medical pro- ther always said, there are two types of grams that benefit millions of people Works in doing everything in our people, talkers and doers. Anyone who throughout the world. The Orange Card power to maintain a robust highway knows Robert Ingram will agree with discount program is a prime example of program as we go into reauthorization. me that he is a ‘‘doer extraordinaire.’’ GSK’s responsiveness and industry Mr. NICKLES. I appreciate my col- Bob, of course, is the distinguished leadership in the United States. leagues comments and agree with them Chief Operating Officer and President, Through GSK’s Global Community that the revenues collected through Pharmaceutical Operations of Partnership programs, the Global Alli- the federal gas tax should be used to GlaxoSmithKline, GSK. ance to Eliminate Lymphatic Fila- maintain and improve our transpor- A few weeks ago, October 15, Bob an- riasis, a 20-year initiative to contribute tation infrastructure. I will work with nounced his intention to retire at hundreds of millions of doses of medi- my colleagues to ensure this is the year’s end from his daily responsibil- cation to rid the world of LF, the case. ities as the second-highest executive world’s most disfiguring and disabling

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.102 S20PT2 S11720 CONGRESSIONAL RECORD — SENATE November 20, 2002 disease, contributions of HIV/AIDS and and president of the Royal Society, who has perhaps caregivers. How important is it to anti-malarial medications as well as gone down in history for saying: ‘‘Radio has you, and to your parents, that a few small numerous other global, national, state no future. Heavier-than-air flying machines pills can keep your loved ones living inde- and local initiatives, GSK employees are impossible. X-rays will prove to be a pendently in the homes they’ve raised their hoax. I have not the smallest molecule of families in, for as long as possible? But have contributed greatly to the im- faith in aerial navigation other than bal- there’s a cost to longer life, better health, provement of the human condition and looning.’’ Now there’s a man of conviction, and maintained independence—and some- human spirit. but you certainly wouldn’t want him betting body has to pay. Bob’s life is a testament to the im- for you at the racetrack. Industry critics say we can’t afford this in- portance of setting the right priorities. That said, we Americans have a lot riding creased spending on pharmaceuticals. But He is a success professionally because on the outcome of society’s debate over how what we really can’t afford is the far greater his actions have demonstrated an ex- to control our healthcare costs—nothing less cost of catastrophic care for heart disease, than the future health of ourselves and our diabetes, Alzheimer’s and other illnesses— traordinary sense of personal responsi- children. costs that will grow substantially as the pop- bility to the improvement of the lives A key question in this current debate is: ulation grows. Let’s consider diabetes. of others less fortunate. How much should we be spending on pre- Right now, we are facing an epidemic of Raised in rural Illinois, Bob Ingram scription drugs? Drug costs are sky- Type II diabetes. Over 16 million Americans is highly respected as one of North rocketing, and payors are asking, how much have Type II—the 5th leading cause of deaths Carolina’s leading citizens. He has de- is too much? Unfortunately, in focusing the by disease in the U.S. Another 16 million are voted countless thousands of hours to debate almost solely on cost, it’s easy to lose estimated to have pre-diabetes, but most are not taking steps to avoid full onset. worthy civic, community and profes- sight of the patient. Payors increasingly demand less expensive medicines, but it’s easy We genuinely hope people will adopt pre- sional organizations. For example, Bob to forget that a tiny pill often represents a ventive lifestyles to avoid the need for medi- led GSK’s effort to provide a founders scientific miracle in its ability to save lives cines. But those patients who do suffer with grant to the Emily Krzyzewski Durham and improve quality of life. As patients, we this chronic and progressive disease have a family community center, he sup- assume the research intensive pharma- lot to look forward to Fatigue. Foot ulcers ported the Durham hill learning center ceutical industry will find better treatments and gangrene leading to amputation. Blind- and has helped numerous other local for cancer, and Alzheimer’s and Parkin- ness. Kidney failure. Heart disease. Stroke. civic organizations around North Caro- son’s—but we don’t recognize that paying for Premature death. That’s frightening for patients. But what will really frighten those lina. that research also means paying at the pharmacy counter. Do we spend more on pharma- responsible for paying for treatment is the The list of worthy national causes ceuticals today than we did years ago? Yes. alarming rise in the number of patients—and Bob has generously helped is so exten- In fact, our critics would say that we are therefore costs—expected over the next 50 sive that I will not attempt to recite spending too much on branded drugs. years. By then, at current rates, the number them all. Bob’s role as Chair of the But I would argue that rather than spend- of patients with Type II diabetes will in- CEO Roundtable on Cancer, his Presi- ing less, we should be investing more as a so- crease by 200 percent—skyrocketing our dency of the American Cancer Society ciety on pharmaceuticals, because medicines country’s costs for dealing with Type II dia- actually represent the best value in betes. Foundation, and his leadership in the Today, we pay $100 billion a year to cover fight to find a cure for cystic fibrosis, healthcare today—for patients, and for payors. the human and economic cost to society CF, merit particular note. Let’s look at this issue of cost a little from just this one disease—a huge proportion These past several years, Dot Helms more carefully. of which is spend for hospital care. When you and I have considered ourselves fortu- Between 1996 and 2000, national health consider the aging population, the increasing nate to call Bob and Jeannie Ingram spending for medicines increased 115 percent incidence of diabetes, and the huge cost asso- our friends. while overall health care costs increased 25 ciated with it, unless we come up with better I am grateful for the positive con- percent. Seems outrageous, doesn’t it? answers, we’ll break the bank with just one But let’s put this in perspective. Total disease. That’s what we can’t afford. tributions Bob has made during his health care increased $260 billion during that But real hope lies in pharmaceuticals. Be- tenure at GSK. His advice and support time to a total of $1.3 trillion. Spending on fore 1995, doctors didn’t have many options have been invaluable. His dedication to pharmaceuticals was less than a 10th of available. They relied primarily on insulin ensuring that people everywhere can that—$122 billion. In fact, of every dollar the injections or sulfonylureas, as well as pre- benefit from advanced pharmaceutical government spends on health care, only 9 vention. Just 7 years later, there are four therapies and his commitment to inno- cents is spent on medicines—compared to 55 new classes of oral diabetes medications on vative programs that expand access to cents for doctors and hospitals. And that 9 the market that help slow the progression of pharmaceuticals will continue to pay cents includes the services of your phar- the disease, and prevent or delay the onset of macist, plus current R&D efforts in our its more serious and costly complications. dividends to literally billions of people science labs. Unfortunately, people often Most importantly, these medicines ease pa- throughout the world for many years confuse increased spending on drugs with in- tient suffering. And spending on these valu- to come. Bob has achieved a remark- creased prices for medicines. able medicines is only a fraction of the cost able, and I hope unfinished, legacy. The truth is that rising pressure on payor of fighting diabetes—just 2 percent in 1997. I ask unanimous consent that a tran- budgets is due to increased volume—more Can we afford to pay for new and better pre- script of Bob Ingram’s comments at people using more and better medicines—not scription medicines that fight diabetes? I the National Press Club on July 18, 2002 price increases on medicines. Pharma- would argue we can’t afford not to. We have and an article entitled ‘‘A Retirement ceutical sales increased 19 percent in 2001 proven time and again that paying for medi- over 2000, but over 14% of that increase was cines is the most cost effective way of fight- that hurts RTP’’ from the October 16, volume growth. Less than 5 percent was due ing disease. 2002 edition of the Raleigh News and to price. So what accounts for the growth in Take AIDS. Remember how, in the early Observer be printed in the RECORD. volume? In great part, the very success of 80’s, full-blown AIDS was a death sentence There being no objection, the mate- medicines in improving health and quality of for patients? Many died within two years of rial was ordered to be printed in the life. diagnosis. By 1996, AIDS had dropped out of RECORD, as follows: Those of you who are 45 or 50 . . . back at the top 10 leading causes of death in the the turn of the last century, you’d be at the United States. Why? COMMENTS BY BOB INGRAM, NATIONAL PRESS end of your life. But today, the majority of In 1984, scientists at Burroughs Wellcome CLUB, WASHINGTON, DC, JULY 18, 2002 us can expect to blow out the candles on our brought new hope to patients with AZT—the Thank you, Mr. (John) Aubuchon, for your 80th birthday cake. And we are part of a rap- first treatment to fight HIV/AIDS. In the kind introduction and for providing me with idly expanding group. Thirty-five million first 16 months after AZT came to market, an opportunity to address this important au- Americans are now over age 65; in just 30 hospital inpatient care dropped by nearly dience. years, that number will double to 70 million. half (43%). Today, with a score of medicines I’d also like to thank all of you for joining Of course, if you’re like me, you’re tempted on the market, if patients take their com- us this afternoon. I know you’ve heard a lot to ask why, if medicine has made so much bination therapy as prescribed, they don’ die of criticism about the pharmaceutical indus- progress in the past 50 years, how come I felt of AIDS. Critics say these medicines cost a try and drug pricing. Today, I’d like to set so much better 50 years ago. lot of money. And they do. Combination the record straight. Well the truth is, we Americans aren’t just therapy—using several AIDS medicines at It’s hard to predict where the current de- living longer; we are generally living once to fight the disease—costs approxi- bate over health care will eventually end up, healthier lives. Twenty years ago, in 1982, mately $11,000 a year per patient. But before or what the consequences will be. And I’m the average age of an elderly person entering such therapies were available, an AIDS pa- inclined not to predict such things unless I a nursing home was 65. Today that age is 83. tient could account for $100,000 a year in hos- end up like Lord Kelvin, an English Scientist Many of you have elderly parents, and are pital bills—until they died from the disease.

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.073 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11721 Are we spending more today on AIDS medi- of 5,000 to 10,000 compounds along the way— new idea and patent it, our critics claim that cines? Yes, but we are saving millions in the just to bring one new innovative medicine to we abuse the patient system for the purpose overall cost of medical care. And people with market. But it’s government and academia of keeping generic drugs off the market. Let AIDS are living—and they are productive that discover drugs, right? Not exactly. Of me set the record straight. There is clearly a members of their communities. Instead of the top 100 most commonly used medicines place for generics in our health care system. planning for their funerals, they are plan- in the U.S., 93 were discovered and/or devel- I have no problem competing with generics ning for the rest of their lives. oped by research-based pharmaceutical com- in the marketplace—but only after our pat- Then there’s stroke. panies. Certainly, government and academia ent expires. There’s a great deal of confusion Breakthrough clot-busting medicines can play a vital role in scientific research. They about patents in the public mind, and that’s stop some strokes before permanent brain push the frontiers of science, and while we do understandable, because it’s complex sub- damage occurs. The end result not only saves that in pharmaceutical research companies ject. First off, no innovator pharmaceutical lives, but also saves dollars—$1,700 in drug too, we have the practical expertise to link company realizes a full 20 years of patent life therapy versus over $6,000 per patient in what we know about disease and the human on a medicine granted under the law. By the treatment costs. More promising yet, in- body to develop medicines that improve time that medicine makes it through the creased drug use may prevent some strokes human health. For example, the public sec- regulatory process, we only have about 11 entirely. A study by the Agency for Health tor discovered the presence of beta adre- years left on our 20 year patent to realize a Care Policy and Research says that greater nergic receptors in the heart and blood ves- return on that investment and fund current use of a blood-thinning drug would prevent sels. But it took the pharmaceutical re- R&D. Other industries, by contrast, gen- 40,000 strokes a year, saving $600 million per search industry to convert that scientific erally enjoy 18 years of patent life on their year. Yet stroke remains the 3rd leading knowledge into new medicines that treat products. cause of death for senior citizens and the heart disease, high blood pressure and Second, the Hatch Waxman Act of 1984 ba- first leading cause of disability. Without fu- stroke—the beta-blockers that are keeping a sically crated the generic industry by out- ture breakthroughs from the research inten- number of us, and our parents, alive today. lining a delicate balance between the need, sive pharmaceutical industry, we face huge GSK alone invests $4 billion a year in re- on the one hand, to bring low cost copies to future human and cost implications from search and development. The hope for pa- market after a medicine’s patent expires, this disease. tients who are or will suffer from diabetes, and on the other hand, to protect incentives Are we spending more money on drugs to AIDS, Parkinson’s, stroke, Alzheimer’s, Cys- for pharmaceutical research and innovation. prevent and treat strokes? Absolutely. Is it tic Fibrosis and countless other diseases lies History has proven one thing—thanks to the worth it? Absolutely—both in terms of low- in the powerhouse of innovative pharma- Hatch Waxman Act, the modern generic drug ered costs and, more importantly, reduced ceutical industry research—and in the part- industry is healthy and growing. In fact, patient suffering. Are we continuing to nerships between industry, government and generics now account for nearly half of all search for new and better treatment for academia. Recently many of you have read prescriptions filled in the United States. Yet stroke? Absolutely. But stroke is notori- or seen news items about an insurance indus- as part of that delicate balance, generic drug ously one of the most challenging types of try-sponsored study claiming that all this companies were given a special treatment pharmaceutical research and development to research effort doesn’t result in better drugs, unlike any other industry. They have access undertake. The incentives have to be there but only drugs of minimal value—so-called to patent protected date before the patent ex- to justify the huge investment required in me-too drugs. Breakthrough medicines are pires. such high risk research. But if you’re an in- fantastic—when you find them—but they are So a generic company can copy our sci- surance company, or an employer, or a fed- rare, and very hard to achieve. Believe me, entists’ work, develop their plans to manu- eral or state government budget officer, you no one sets out to discover or develop a med- facture their version of our medicine, and see the money spent on medicines going up icine that has no advantage over current have it ready to ship the day the patent ex- and up, and a ballooning senior population in therapy. pires. In every other industry, a copier has to the offing, and you think, we’ve got to get I sometimes say working in a pharma- wait until the patent expires on a technology this spending under control. ceutical company is a lot like playing golf: before they can even think about planning to Your first response? Find any way you can It costs a lot and takes a long time to play. to cut the pharmacy budget. You can do that copy that product. The problem is, generic You will likely never hit a hole in one. And companies don’t want to wait until the pat- a number of ways—price caps, supple- you always feel like you’re playing with a mentary rebates, formularies, for example— ents expire. They have taken to challenging handicap. But you can’t escape the fact that innovator patents in an attempt to declare but the result can be unexpected. science is slow and incremental. More often Years ago, the state of New Hampshire those patent invalid so they can come to than not, after years of testing, you learn learned this lesson the hard way. The gov- market sooner. that your medicine isn’t a breakthrough; but ernment capped prescription drug spending, In the case of our anti-depressant, Paxil, it may offer fewer side effects, work a little and saved an average $57 a year on drugs for the first generic company challenged our faster, or come in a pill that is easier for pa- schizophrenia patients. But the law of unin- patents just five and a half years into what tended consequences kicked in, and they tients to swallow. These incremental ad- should have been a 14-year patent term. In added $1,500 a year in costs for visits to men- vances—while not breakthroughs—can and the next 3 years, seven other generic compa- tal-health clinics and emergency rooms. do provide real value for patients. Some- nies entered the fray. Ladies and gentlemen, that’s what my times we find new uses for old drugs. Take Ladies and gentlemen, this kind of abuse of mother called penny-wise and pound-foolish. Coreg—a GSK treatment for heart failure. the Hatch-Waxman Act means lots of time Pharmaceuticals are actually the best value Coreg is a beta-blocker, a class of drugs and money wasted on litigation, costs that in health care, and rather than spending less, which at one time was restricted to treating eventually get reflected in the price of medi- we should be investing more on medicines. hypertension because it was thought to cines. The first generic company to market Penny-wise squeezing of pharmaceutical cause heart failure in patients. But clinical often gets 6 months of exclusivity to sell costs only results in pound-foolish expansion trials showed Coreg actually benefited pa- their version of our product without com- of costs for more expensive health care pro- tients with congestive heart failure. petition from other generics—so contesting cedures. Do we spend more on pharma- These trials were so successful that the patents is worth it to those companies. ceuticals today than we did years ago? Yes. only ethical thing to do was to stop the trial It’s a much simpler and lower risk business But we can’t afford to forget that the money and give the medicine to all patients, even strategy for [generic companies to] hire law- paid for medicines today fuels investment in those who were on placebo. If you work for yers and challenge patents in the courts R&D for the medicines of tomorrow. an insurance company, you might view than to invest in science and final new inno- You’re all familiar with the floppy disks or Coreg as a me-too drug. If you’re a patient, vative medicines. CDs you use to load software on your com- you’d likely view it as a lifesaver. Our critics Speaking for GSK, I’d be willing to con- puter. You also probably know that these say that we should concentrate only on new sider giving up the defensive litigation provi- disks cost less than a dollar to buy at your chemicals, and forget such incremental sions available to the research intensive in- local office supply store. Why then does your gains. But consider this. Merck and GSK dustry under Hatch Waxman if the generic software often cost hundreds of dollars? both have AIDS vaccines in development. companies agree to drop the special provi- Well, for the same reason that a little white One may work, neither may work, or both sions they have to come to market. Current pill costs so much at the pharmacy. Just as may work. reform efforts threaten to destroy the bal- in the case of new medicines that improve But right now we don’t know which could ance that protects innovation while enabling your health, hundreds of highly-skilled peo- be the miracle vaccine that makes it first to the generics to operate. In letter to Senator ple took many years to invent and develop market and which would be the follower—a Kennedy, Richard Epstein, the James Parker that new software for your computer. You’re so-called me-too. Tell me. Which of these re- Hall Distinguished Service Professor of Law not just buying a bit of plastic. You’re buy- search programs should we kill for the pur- at the University of Chicago, said it best: ing creativity, and years of research and de- pose of controlling costs? Personally, for ‘‘The current regime...confess competition velopment that went into developing the those at risk of AIDS, I hope both programs with confiscation of property rights.’’ It’s software for your computer—and the new are a success, and that physicians and pa- important to remember that generic compa- medicines that improve your health. tients have a choice of two AIDS vaccines nies do not discover new medicines yet it’s In our case that’s an investment of $800 competing with one another in the market- the innovative pharmaceutical research in- million, 10–12 years of R&D, and the failure place. Of course, when we do come up with a dustry that is at risk. In fact, the patient

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.104 S20PT2 S11722 CONGRESSIONAL RECORD — SENATE November 20, 2002 with a disease that needs a better treatment wrote; ‘‘I started taking Advair approxi- After Ingram retires, six of the 14 top-tier is at risk as well. mately August 24th. I really began feeling executives at the company, what the com- Let me close with where I started—with great—my breathing had improved im- pany calls its corporate executive team, will the idea that by focusing strictly on costs we mensely. On September 11th, I was in 2 have Glaxo Wellcome pedigrees, while the are focusing on the wrong thing. Instead, we World Trade Center when the impossible other eight will share a SmithKline Beecham should be focusing on the patient. We need to happened. I really believe that because of heritage. Ingram, meanwhile, will continue be able to discover, develop, and deliver a this medication I was able to make my way to participate in executive team meetings better medicine that meets patient needs. To down 59 stories through Manhattan and even after he retires, said GSK spokeswoman the degree we do that, we succeed. To the de- across the Brooklyn Bridge. Please give my Mary Anne Rhyne. gree we don’t do that, we fail. And when we thanks to those who developed this life sav- The chief operating officer position being fail, we fail patients who are suffering from ing medicine.’’ vacated by Ingram isn’t being filled. disease. And we fail the society that looks to This letter means a lot to me, and to all of Ingram, who began his pharmaceutical ca- us for better treatments. I hope I’ve dem- us at GSK—particularly our scientists who reer as a sales representative, said that when onstrated that medicines offer the greatest dedicate their lives to discovering and devel- he left Merck & Co. to join Glaxo in 1990, he value for better patient health and quality of oping new medicines like Advair. realized that the one downside was that life. But we do understand that if you can’t Just yesterday, a Wall Street Journal edi- Glaxo, like many British companies, had a afford your medicine, any price is too high. torial cited one of our industry’s best critics, mandatory retirement age of 60 for top ex- And that’s why we at GSK—and at a number Sen. Edward Kennedy, saying that ecutives. ‘‘Time, unfortunately, marches on, of other research-intensive pharmaceutical ‘‘something has to be done about the as they say,’’ he said. Ingram said that, although he doesn’t have companies—are looking for ways to improve ‘soaring cost of prescription drugs’ else the a noncompete clause in his new arrangement patient access to medicines, not only in de- ‘miracle cures’ promised by the biotech revo- with GSK, he isn’t interested in being CEO of veloping countries, but here at home as well. lution will remain priced ‘out of the reach of That’s why we offer medicines to the most another pharmaceutical company. ‘‘I will ordinary Americans.’’’ The editorial went on say I have been approached to do that,’’ he needy patients through our patient assist- to say: ‘‘Miracles they may be, but they said. ‘‘It is flattering.’’ ance programs. Last year, the innovative don’t fall from heaven. They will be devel- ‘‘There is certainly a possibility,’’ he pharmaceutical industry helped to fill 6.5 oped for a profit, or they won’t be developed added, ‘‘that I might take on some nonexecu- million prescriptions for more than 2.4 mil- at all.’’ tive chairmanships.’’ lion needy patients. That adds up to more Thank you. Ingram, who is well known in political cir- than $1 billion worth of medicine provided cles, also said he has no plans to run for po- free of charge. That’s also why [From Newsobserver.com, Oct. 16, 2002] litical office. ‘‘I think my wife would shoot GlaxoSmithKline led the way in improving A RETIREMENT THAT HURTS RTP me if I even considered it,’’ he said. access to medicines for low-income seniors (By David Ranii) Ingram has earned kudos for being an ef- in the US. RESEARCH TRIANGLE PARK.—Robert fective advocate for GSK and the industry in GSK’s Orange Card—the first savings card Ingram, the No. 2 executive at giant Washington, and he also has developed a re- for seniors in the industry—offers low in- GlaxoSmithKline and the most visible phar- lationship with President Bush and his fam- come seniors savings of 20–40% or more on maceutical industry leader in the Triangle, ily. At a black-tie GOP fund-raiser held in more their GSK medicines. We now have is retiring at the end of this year. Washington in June that netted about $30 over 100,000 seniors participating in this sav- Ingram, who in December turns 60, manda- million, Ingram was called upon to offer the ings program. The Together Rx card does the tory retirement age for GSK executives, is presidential toast. same, but offers saving on more than 150 the former chief executive officer of London- In recognition of Ingram’s Washington clout, he will remain GSK’s representative medicines from 7 different pharmaceutical based Glaxo Wellcome and was named chief on the board of the industry trade group, companies. In less than six weeks after avail- operating officer and president of worldwide Pharmaceutical Research and Manufactur- ability, over 1 million patients had requested pharmaceutical operations after Glaxo ers’ Association, after his retirement. enrollment forms for this program. Both merged with SmithKline Beecham nearly cards are free, and easy to obtain and use. ‘‘Bob Ingram is one of the giants of the two years ago. pharmaceutical industry, and we are pleased But such programs are only a stopgap until David Stout, now president of the U.S. comprehensive Medicare reform can pass that he will continue to play a major role on pharmaceuticals business, will replace the PhRMA Board,’’ Alan Homer, the asso- Congress. Ingram as head of worldwide pharma- Of course skeptics will say that passage of ciation’s president, said in a statement. ceuticals. ‘‘Bob’s sensitivity and caring for the needs of real Medicare reform is a bit like the story ‘‘I think Bob is one of the most out- others, especially patients, is unparalleled. of the doctor who went to heaven and met standing pharmaceutical executives in the God. God granted him one question, so the Dr. Charles Sanders, a former chairman United States,’’ said John Plachetka, chief and chief executive of the U.S. operations of physician asked, ‘‘Will health-care reform executive of Durham pharmaceutical com- ever occur?’’ ‘‘I have good news and bad what is now GSK, praised Ingram’s leader- pany Pozen. ‘‘He is so well known and well ship. ‘‘Bob has been through two mergers, news,’’ God replied. ‘‘The answer is yes, respected—not just in our industry but in first with Burroughs Wellcome and then with there will be health care reform. The bad Washington.’’ SmithKline Beecham,’’ said Sanders. ‘‘I news is, it won’t be in my lifetime.’’ We in As the highest-ranking former Glaxo exec- think he has handled it very well. it is very the research intensive industry hope passage utive remaining at GSK, Ingram’s imminent difficult to merge companies.’’ of a meaningful benefit does occur, not just retirement can be viewed as reinforcing the Ingram, who lives in Durham, said he unin our lifetime, but in this election year. complaints of some employees that what was derstands that some GSK employees keep We understand passing reform of this mag- billed as a merger of equals has turned out to score regarding how many former Glaxo nitude in an election year can be a challenge. be a de facto takeover by SmithKline Bee- Wellcome executives are in leadership posi- But we strongly favor adding a drug benefit cham. Glaxo’s former chairman, Richard tions compared with their counterparts from to Medicare, because we believe patients Sykes, retired from GSK earlier this year. SmithKline Beecham. But that’s not how the should have coverage for health care—in- Ingram will continue to work with the com- corporate executive team looks at things, he cluding prescription drugs. The House has al- pany as part-time vice chairman and special said. ready passed a bill which we supported. We adviser. ‘‘It is one company: GSK,’’ he said. ‘‘Our hope that the Senate, in an election year, Ingram’s retirement sets off a domino ef- competition isn’t internal. The last time I would put patients first and also pass mean- fect among senior executives at GSK, which checked, we had plenty of competition [else- ingful reform, like that embodied in the is based in London and has twin U.S. head- where].’’ tripartisan bill that Democrats, Republicans quarters in Research Triangle Park and f and Independents are supporting. That bill Philadelphia. provides a meaningful benefit, but allows Unlike Ingram, whose office is in RTP, FOSTERING DEMOCRATIC PRIN- competition to take place in the free mar- Stout, 48, will move to Philadelphia when he CIPLES AND VALUES IN ket. That type of arrangement allows real takes charge. Stout hails from the UKRAINE price competition, in the marketplace, but Smithkline Beecham side of the business and does not stifle innovation and research. was based in Philadelphia before being Mr. SESSIONS. Mr. President. I wish That’s where we stand now. We must come to named to his current post in January 2001. to bring to the attention of my col- grips with the cost side of the value equation Ingram said he has ‘‘a high degree of con- leagues the Civitas International Civic if we are to restore balance and realize the fidence in David’s ability.’’ Education Exchange Program, a coop- true value of the medical innovations we Stout’s successor as head of the U.S. phar- erative project of civic education orga- have the opportunity to enjoy. maceuticals business will be Christopher nizations in the United States and If we at GSK are ever inclined to forget the Viehbacher, 42, president of pharmaceuticals value of our medicines, we have to look no in Europe, who will move from Paris to RTP. other nations. The goal of the project further for a reminder than the patients we Andre Witty, Asia Pacific senior vice presi- is to exchange ideas, experiences, and serve today. I was astonished by an e-mail dent, has been named Viehbacher’s suc- curricular programs to further the de- we received from a woman who takes cessor. Both Viehbacher and Witty were with velopment of civic competence and re- Advair—our newest asthma medicine. She GSK before the merger. sponsibility among youth in emerging

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.106 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11723 and established democracies. The pro- Students here already are talking about huge chunks of our federal lands in gram is administered by the Center for how to bridge the digital divide and raising Alaska. Individually, they represent Civic Education and funded by the U.S. the money necessary to make it happen. what I fear will be facing us in the near Department of Education under the There’s one computer for the entire Village future—the quiet erosion of our federal School. Education for Democracy Act approved ‘‘They should have better communication lands for the benefit of private inter- by the United States Congress. with everybody,’’ said Dairaida’s ilyan ests. These bills turn over more than Recently may office was pleased to Unyhkov, whose parents are Russian natives. 260,000 acres of federal lands in Alaska meet with a delegation of educators ‘‘Plus we need to make allies. If we’re not without addressing fundamental public participating in the Civitas exchange friends, we may still get into war.’’ concerns about public access, logging, program from Ukraine who have spent ‘‘The may help us,’’ classmate J’Darius roadless areas and the impact on fish time in Alabama working on a cur- Powell added. and wildlife. riculum for teaching Ukrainian history Designed for grades five through eight, the ‘‘We the People . . . Project Citizen’’ cur- Both of these bills are opposed by and civic education. The Ukraine dele- many Alaska and national environ- gation is partnered with the Alabama riculum not only teaches students about government, but the tools and skills nec- mental organizations. Center for Law and Civic Education in essary to solve problems in their commu- I ask unanimous consent to have Birmingham, which has an outstanding nities. That includes learning how to mon- printed in the RECORD two letters, reputation for delivering high quality itor and influence public policy, and crafting dated July 16, 2002 and September 4, civic education programs under the an action plan. 2002, outlining some of their concerns leadership of Executive Director Jan Civic participation isn’t a foreign concept that were not heard as these bills were to the Ukrainian sixth-graders. Two years Cowin and Associate Director Wade being rushed to the floor and passed Black. The American leaders of the ago, The Village School joined the ranks of Project Citizen schools. Students there have last night. delegation included two other Alabama There being no objection, the mate- natives, Louis Smith, Professor, School led projects, such as the restoration of me- rial was ordered to be printed in the of Education, University of Western morials from World Wars I and II that have been neglected by the Soviets and the clean RECORD, as follows: Alabama and his wife Carole Smith, up of community rivers and streams. visiting lecturer, Mississippi State ALASKA COALITION, ALASKA CONSERVATION The group of educators is visiting Alabama VOTERS/ALASKA CONSERVATION ALLIANCE, University. I wish to commend all four as part of its mission to develop a ‘‘common ALASKA RAINFOREST CAMPAIGN, ALASKA of these Alabama educators for their national definition’’ and a curriculum for WILDERNESS LEAGUE, EARTH JUSTICE, EYAK excellent work in promoting edu- teaching Ukrainian history and civics edu- PRESERVATION COUNCIL, MINERAL POLICY cational excellence in our state. cation, said Wade Black, associate director CENTER, NATIONAL AUDUBON SOCIETY, NA- The Ukraine delegates include of the Alabama Center for Law and Civic TIONAL WILDLIFE FEDERATION, NATURAL RE- Larysa Seredyak, Teacher of History Education at Samford University. SOURCES DEFENSE COUNCIL, LEAGUE OF CON- and Civics in Lviv; Anatoliy A final version of the curriculum is ex- SERVATION VOTERS, SCENIC AMERICA, SI- Kovtonyuk, Teacher of History, Law, pected to be submitted by next summer to ERRA CLUB, SOUTHEAST ALASKA CONSERVA- the European Union, which is similar to TION COUNCIL, THE ENDANGERED SPECIES and Philosophy in Zhytomyr; Samford University’s law and civic edu- Volodymyr Gorbatenko, Professor, COALITION, THE WILDERNESS SOCIETY, U.S. cation center. PIRG, Koretskyi State and Law Institute of Ukraine declared independence in 1991. July 16, 2002. the National Academy of Sciences of Under Soviet rule prior to that, citizens Hon. JEFF BINGAMAN, Ukraine and Professor of Politology weren’t taught their history and had no ac- U.S. Senate, and Sociology in Kyiv; Grygoriy cess to a curriculum. ‘‘It parallels with black history,’’ Black Washington, DC. Freyman, Assistant Professor, World DEAR CHAIRMAN BINGAMAN: We are writing said. ‘‘They want to write a history that uni- History, Luhansk Pedagogical Univer- you to urge you to oppose S. 2222, the Cape fies the country and defines what it means to sity and Teacher of History and Law in Fox Entitlement Adjustment Act of 2002. In- Luhansk; and Nataliya Yuikhymovych, be Ukrainian.’’ While Project Citizen is an international troduced earlier this year by Senator Frank Translator and Interpreter in Lviv. program, only 25 Alabama schools, scouting Murkowski (R–AK), and currently being con- I ask unanimous consent to have troops and church groups are involved. Pro- sidered by the Energy and Natural Resources printed in the RECORD an article in the ration of the education budget forced some Committee, this bill is an attempt to benefit Montgomery Advertiser about a recent schools to cut the program. special interests by giving away valuable visit by this distinguished Ukrainian ‘‘If they could just see the difference it Tongass National Forest lands—lands owned delegation to a class of sixth graders at makes in kids’ lives,’’ said Teri Gisi, faculty by all Americans. Opposed by many South- east Alaskans, S. 2222 attempts to trade the Dalraida Elementary School. It dem- adviser for Dairaida’s program. ‘‘They see what a difference they can make.’’ Tongass for commercial development includ- onstrates how our teachers and stu- ing clear cutting and mining. dents can benefit from these inter- Dalraida got its hands-on civics lesson when students revisited a 15-year battle to This bill proposes to give Cape Fox and national programs through joint edu- Sealaska Corporations more than 11,000 acres get a sidewalk down a 11⁄2-mile stretch of cational projects. Above all, it shows Johnstown Drive. The sixth-graders devised of valuable Tongass National Forest lands in how we can work cooperatively with a plan, appealed to the City Council and was Berners Bay near Juneau in return for 3,000 other nations to promote fundamental granted a sidewalk. acres of mostly roaded and clearcut lands near Ketchikan and certain subsurface democratic principles, understanding f and values among our youth. rights. With the transfer of the publicly owned lands, the Corporations gain the There being no objection, the mate- THE QUIET EROSION OF OUR FEDERAL LANDS IN ALASKA rights to log, subdivide, sell, or develop this rial was ordered to be printed in the swath of land on the northwest side of RECORD, as follows: Mr. LEAHY. Mr. President, every Berners Bay. Despite the importance of [From the Montgomery Advertiser, Nov. 9, year we get to this point at the end of Berners Bay to Alaskan residents, Senator 2002] a Congress where many bills get pack- Murkowski has not held a local hearing on STUDENTS QUIZ UKRAINIAN TEACHERS aged together and move through under the land exchange issue in Juneau. This bill (By Ken L. Spear) unanimous consent. Usually this proc- is bad public policy and should not see the The schoolchildren bombarded the visiting ess works well and gives each of us an light of day. Ukrainian classroom teachers with loads of Berners Bay is one of Juneau’s most im- opportunity to work out concerns we portant recreation areas for kayaking, hunt- questions: might have about any particular bill. ‘‘Do you have elections for political of- ing, camping, bird watching, commercial fice?’’ ‘‘Do y’all own, like dogs and horses?’’ Unfortunately, last night two bills touring and many other activities. The trad- ‘‘Does your school have computers?’’ ‘‘What were approved that should have reed lands could be closed to public access, is your grading system?’’ ‘‘When kids get in ceived much greater scrutiny by the beautiful views and hunting grounds re- trouble, what does the principal do?’’ full Senate. Instead, they squeaked placed with stumps and no trespassing signs. The inquiries are a part of the Dalraida El- through because the proponents clev- The Bay contains abundant wildlife, includ- ementary sixth-graders’ quest to seek a solu- erly bundled them with over 100 other ing four species of salmon, wolves and brown and black bears. It is an important stopover tion to a common problem while crossing uncontroversial, local-interest bills. international borders. for migratory birds as well as foraging They are in the early stages of a civic Together, the Cape Fox Land Entitle- grounds for Steller sea lions. project with their peers from Village School ment Adjustment Act and the Univer- The Alaska Department of Fish and Game, in Synkiv in the Ukraine. sity of Alaska lands bill will give away City and Borough of Juneau, and commercial

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.054 S20PT2 S11724 CONGRESSIONAL RECORD — SENATE November 20, 2002 fishermen have long supported protection of of valuable Tongass National Forest lands in closing public access to their lands and Berners Bay’s high value fisheries and vast Berners Bay near Juneau in return for 3,000 heavily logging them. Most of the logs recreational opportunities. Additionally, the acres of mostly roaded and clearcut lands have been exported directly to Asia Auk Kwaan tribe, original settlers of the near Ketchikan and certain subsurface without any domestic processing. The area, recognizes Berners Bay as an integral rights. With the transfer of the publicly part of their traditional territory. These an- owned lands, the Corporations gain the right provisions for old-growth reserves in cestral lands contain village site, burial to log, subdivide, sell, or develop this swath the reported version of S. 2222 offer lit- grounds, and the sacred Spirit Mountain. of land on the northwest side of Berners Bay. tle protection. The vast majority of Berners Bay is a critically important wild Despite the importance of Berners Bay to old-growth forest on the newly area for southeast Alaska residents and visi- Alaskan residents, Senator Murkowski has privatized National Forest lands could tors alike. not held a local hearing on the land ex- still be heavily logged and the logs The public lands to be given away include change issue in Juneau, nor had a public ap- shipped straight to Asia with no do- Slate Lake, where the Coeur d’Alene Mines praisal prepared prior to the passage of this legislation through committee. We believe mestic manufacturing. Corporation anticipates dumping mine Trading land to two Native corpora- tailings from its proposed Kensington gold that a public appraisal should be required be- mine. Slates Lake is perched above a produc- fore this legislation is allowed to proceed. tions is not the only reason proponents tive salmon stream in Berners Bay. Giving This bill is bad public policy, and is another so desperately wanted this bill to move away these lands would risk contaminating attempt by Senator Murkowski to appease this year though. The bill will also the land and harming its irreplaceable nat- special interests during his governor’s race. make it much easier for a mining cor- ural resources. Berners Bay is one of Juneau’s most im- poration to open a gold mine adjacent Again, we urge you to oppose S. 2222. portant recreation areas for kayaking, hunt- to the national forest land being trading, camping, bird watching, commercial Please do not schedule a mark-up of this bill ed. The proposed Kensington mine is by the committee. The Tongass National touring and many other activities. The trad- Forest is a national treasure that deserves to ed lands could be closed to public access, and currently permitted to store its mine be treated with care and in the best interest beautiful views and hunting grounds re- tailings on its own land. But the mine of the American people. placed with stumps and no trespassing signs. wants to reduce its operating costs by Sincerely, The Bay contains abundant wildlife, in- instead dumping its mine tailings in a Tim Bristol, Executive Director, Alaska cluding four species of salmon, wolves and pristine lake that conveniently is with- Coalition; Tim Atkinson, Executive Di- brown and black bears. It is an important in the 12,000 acres being traded. EPA rector, Alaska Conservation Voters; stopover for migratory birds as well as foraging grounds for Steller sea lions. and the State of Alaska have written Michael Finkelstein, Campaign Direc- opinions suggesting that dumping tor,, Alaska Rainforest Campaign; The Alaska Department of Fish and Game, Cindy Shogan, Executive Director, City and Borough of Juneau, and commercial tailings in this lake is likely illegal Alaska Wilderness League; Dune fishermen have long supported protection of under the Clean Water Act. Lankard, Executive Director, Eyak Berners Bay’s high value fisheries and vast The potential environmental impact Preservation Council; Vawter Parker, recreational opportunities. Additionally, the of the mine tailings dump and logging Executive Director, Earth Justice; Deb Auk Kwaan tribe, original settlers of the operation on the land will have long- Callahan, President, League of Con- area, recognizes Berners Bay as an integral term effects on an extremely rich part of their traditional territory. These an- servation Voters; Stephen D’Esposito, salmon producing area. Berners Bay President, Mineral Policy Center; Bob cestral lands contain a village site, burial grounds, and the sacred Spirit Mountain. also contains abundant wildlife, such Perciasepe, Senior Vice President, Na- as wolves and brown and black bears tional Audubon Society; Jamie Berners Bay is a critically important wild Rappaport Clark, Senior Vice Presi- area for southeast Alaska residents and visi- that will be impacted by the increased dent, National Wildlife Federation; tors alike. activity in the area and water pollu- The public lands to be given away include John Adams, President, Natural Re- tion generated by the mine and logging Slate Lake, where the Coeur d’Alene Mines sources Defense Council; Meg Maquire, operations. By privatizing the land, the Corporation anticipates dumping mine President, Scenic America; Carl Pope, tailings from its proposed Kensington gold public will have little knowledge or say Executive Director, Sierra Club; Jer- mine. Slates Lake is perched above a produc- in how the mine and logging operations emy Anderson, Executive Director, tive salmon stream in Berners Bay. Giving affect the recreational, hunting, fish- Southeast Alaska Conservation Coun- away these lands would risk contaminating ing and ecological values of the bay. cil; Bill Meadows, President, The Wil- the land and harming its irreplaceable nat- The fishing and tourism industries, derness Society; Brock Evans, Execu- ural resources. both key to Southeast Alaska, will be tive Director, The Endangered Species Again, we urge you to keep S. 2222 off the Coalition; Gene Karpinski, Executive largely shut out of any oversight of the floor of the United States Senate. The operations even though it will likely Director, U.S. Public Research Group. Tongass National Forest is a national treasure that deserves to be treated with care and have a direct impact on their financial ALASKA COALITION, ALASKA RAINFOREST CAM- in the best interest of the American people. well-being. PAIGN, ALASKA WILDERNESS LEAGUE, EARTH Sincerely, The environmental and economic JUSTICE, EYAK PRESERVATION COUNCIL, Tim Bristol, Executive Director, Alaska concerns about these land exchanges LEAGUE OF CONSERVATION VOTERS, MINERAL Coalition; Michael Finkelstein, Cam- should raise enough red flags to de- POLICY CENTER, NATIONAL WILDLIFE FED- paign Director, Alaska Rainforest mand much greater scrutiny from this ERATION, NATURAL RESOURCES DEFENSE Campaign; Cindy Shogan, Executive body. On top of that, these bills also COUNCIL, THE WILDERNESS SOCIETY, US Director, Alaska Wilderness League; PIRG, raise serious questions about the cost Dune Lankard, Executive Director, to taxpayers nationally of privatizing September 4, 2002. Eyak Preservation Council; Vawter The Hon. HARRY REID, Parker, Executive Director, Earth Jus- our public resources. In return for the U.S. Senate, tice; Stephen D’Esposito, President, 12,000 acres transferred to Cape Fox, Washington, DC. Mineral Policy Center; Carl Pope, Ex- taxpayers would get 3,000 acres of DEAR SENATOR REID, We are writing to ecutive Director, Sierra Club; Bill largely clearcut private lands and cer- urge you to keep S. 2222, the Cape Fox Land Meadows, President, The Wilderness tain subsurface rights. There is no safe- Entitlement Adjustment Act of 2002, off the Society; Gene Karpinski, Executive Di- guard in the bill allowing the public to floor of the United States Senate. This bill rector, U.S. Public Research Group; actually have a say in whether this is was introduced earlier this year by Senator Jamie Rappaport Clark, Senior Vice a good, or even fair, deal for taxpayers. Frank Murkowski (AK–R), and passed President, National Wildlife Federa- through the Energy and Natural Resources tion; Deb Callahan, President, League The University of Alaska land ex- Committee in late July. of Conservation Voters; John Adams, change would turn over at least 250,000 Even with the changes in language made President, Natural Resources Defense acres of federal lands without a public during the mark-up process, this bill is an Council. process for approving or rejecting attempt to benefit special interests by giv- Mr. LEAHY. Mr. President, S. 2222 which lands actually get transferred. ing away valuable Tongass National Forest would privatize 12,000 acres of Tongass Instead, it is solely left to the Sec- lands, which are owned by all Americans. Op- National Forest land in Berners Bay, a retary of the Interior to decide. posed by many Southeast Alaskans, S. 2222 popular recreation area for residents of Again, these two bills are troubling attempts to trade Tongass lands for commercial development including clearcutting and Juneau, Alaska. The two corpora- enough on their own because of their mining. tions—Sealaska and Cape Fox Corpora- environmental and economic impacts. This bill proposes to give Cape Fox and tions—that would receive title to the However, the idea of trading away pub- Sealaska Corporations more than 11,000 acres National Forest lands have a history of lic lands with little or no public input

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.109 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11725 and no economic or environmental tion of the settlement proceeds until Does the vice chairman agree that analysis is even more troubling. Over any claims that can be raised by the section 9 of the proposed amendment the years, our federal agencies and this UKB are fully and finally litigated. ensures that the law will only be con- body have done an admirable job of I am pleased to report that a com- strued to preclude claims for title to protecting these lands for the public, promise was reached on this issue. Like the Arkansas riverbed lands either by not for private interests. We should not any compromise, everyone had to give the UKB or on its behalf; or from the start reversing that record now. something up in order for us to move UKB requesting that the Federal gov- forward. In that regard, I would like to f ernment bring such claims? express my appreciation to all of those Mr. CAMPBELL. That is correct. ARKANSAS RIVERBED LAND who have worked so hard on this com- Mr. INHOFE. Based on the Senator’s Mr. INHOFE. Mr. President, I wish to promise. answer to my last question, it is clear express my thanks to the chairman and Under the proposed amendment to that the UKB will no longer be able to vice chairman of the Senate Com- H.R. 3534 that is before the Senate, all make a claim to the riverbed lands. mittee on Indian Affairs who have tribal claims concerning Arkansas riv- However, the bill still provides a means greatly assisted the effort to bring erbed land are resolved through pro- for the UKB to raise the riverbed much needed finality to the uncer- ceedings in the Court of Federal Claims claims it might otherwise have tainty created by litigation sur- or through the settlement incorporated brought, but it now directs that they rounding the ownership of the bed of in H.R. 3534. This allows the United must pursue these claims exclusively States Congress to remove the threat the Arkansas River. A decision by the in the manner provided in H.R. 3534; of quiet title actions brought by or on United States Supreme Court in 1970 isn’t that correct? behalf of an Indian tribe claiming title determined that parts of the bed of the Mr. CAMPBELL. Yes, that is correct. Arkansas River were included along to land based on the Supreme Court’s Mr. INHOFE. By including section 9, decision. In other words, the UKB and with other land that was conveyed to Congress is making it clear that other each of the other tribes have agreed to Indian Nations based on 19th century than this change in forums for riverbed allow their claims to the riverbed to be treaties between the United States and matters, it is not Congress’s intent to addressed through the process estab- the Indian Nations that were relocated express any opinion or have any effect lished by H.R. 3534. In return, the UKB from the East Coast of the United has asked that 10% of the settlement on the claims the UKB might bring. States to Oklahoma or ‘‘Indian Terri- fund established by the bill will be Isn’t that correct? tory’’ as it was then known. aside to satisfy any of the UKB’s Mr. CAMPBELL. That is correct. To Based on the Supreme Court’s deci- claims if the tribe is ultimately suc- my knowledge, Congress has not re- sion that Arkansas riverbed lands were cessful in the Court of Federal Claims. viewed or considered these claims. Fur- included within the treaties with In- In addition, if this amount is not suffi- thermore, it is not necessary for Con- dian Nations, the United States is sub- cient to satisfy any judgment awarded gress to do because the bill does not ad- ject to monetary damages for any to the tribe, the permanent judgment dress the individual claims of the UKB, breaches of its trust obligation with re- appropriation, section 1304 of title 31, is it merely ensures that the Tribe’s spect to this land. A suit has been explicitly made available to satisfy the claims to the riverbed are only pursued brought on behalf of the Indian Nations remainder of any judgment amount in the manner provided in H.R. 3534. asserting that such breaches of trust awarded to the UKB. Section 9 is included to make it clear have occurred. The case is presently The UKB has also requested one addi- that the bill is not to be construed to before the United States Court of Fed- tional consideration. The UKB recog- address the merits of any particular eral Claims. nizes that the purpose of the legisla- claim by the UKB; instead the bill is With respect to such treaty lands, tion is to preclude the Tribe from only concerned with how those riv- the Non-Intercourse Act of 1790 pre- bringing or asking the United States to erbed claims may be pursued. vents the transfer of title without Con- bring a lawsuit making a direct claim Mr. INHOFE. I thank the Senator for gressional approval. Without action by that asserts right, title, or an interest his assistance in this very important Congress, claims to legal title on be- in Arkansas riverbed arising out of the matter. half of the Indian Nations can continue Supreme Court’s opinion. However, the f to be raised with respect to these lands Tribe wishes to make it clear that based on the Federal Government’s un- SMALL WEBCASTER SETTLEMENT nothing in H.R. 3534 is intended or is to ACT OF 2002 derlying trust obligation. The threat of be construed to address, resolve, or such lawsuits is a serious hardship on prejudice the underlying basis of a Mr. LEAHY. Mr. President, I am those people who were simply unaware claim that they would have been able pleased that the Senate is taking the that they were living on land that was to make if H.R. 3534 was not enacted. important step of passing the Helms- once part of the bed of the Arkansas In other words, the UKB have asked Leahy substitute amendment to H.R. River. H.R. 3534 would eliminate title that the legislation include a provision 5469, the ‘‘Small Webcaster Settlement problems that are the result of the Su- to make it clear that H.R. 3534 does not Act of 2002.’’ This legislation reflects preme Court’s decision and resolve alter the character, nature, or basis of hard choices made in hard negotiations breach of trust claims brought by the any claim or right that the tribe could under hard circumstances. I commend Indian Nations. have made before the effective date of House Judiciary Chairman SENSEN- Several months ago, United this legislation. We have done so. BRENNER and Representative CONYERS Keetowah Band of Cherokee Indians, I wish to express my appreciation for for bringing this legislation to a suc- UKB, filed a motion to intervene in the the assistance of the Chairman of the cessful conclusion and passage in the Court of Federal Claims lawsuit. Al- Committee on Indian Affairs, Senator House of Representatives in a timely though this motion was denied, the De- INOUYE, who has provided important fashion to make a difference in the partment of Justice expressed its reluc- procedural assistance to allow the bill prospects of many small webcasters. I tance to endorse H.R. 3534 unless it was to be moved expeditiously now that we also thank Senator HELMS and his staff drafted to precluded the UKB from ei- have an agreement between all of the for working constructively in the lame ther bringing quiet title actions or Indian tribes and the Departments of duck session of this Congress to get the from petitioning the United States to Interior and Justice. bill done. bring such actions. In order to ensure In addition, I wish to acknowledge The Internet is an American inven- that UKB was not left without a rem- the good work of Senator CAMPBELL, tion that has become the emblem of edy for pursuing its claims, the Justice the vice chairman of the Indian Affairs the Information Age and an engine for Department proposed that the bill be Committee, who deserves a great deal bringing American content into homes amended to allow the UKB to pursue of the credit for bringing the final com- and businesses around the globe. I have such claims in an action in the Court promise on this matter to fruition. long been an enthusiast and champion of Federal Claims. In addition, the Jus- With that in mind, I would like to of the Internet and of the creative spir- tice Department suggested that H.R. briefly engage in a colloquy with him its who are the source of the music, 3534 be amended to reserve some por- on this final compromise. films, books, news, and entertainment

VerDate 0ct 31 2002 02:58 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.103 S20PT2 S11726 CONGRESSIONAL RECORD — SENATE November 20, 2002 content that enrich our lives, energize cents per song per listener, with roy- The legislation reflects a compromise our economy and influence our culture. alty payments retroactive to October for all the parties directly affected by As a citizen, I am impressed by the in- 1998, when the DMCA was passed. this legislation—small webcasters, novation of new online entrepreneurs, At a Judiciary Committee hearing I noncommercial webcasters, and and as a Senator, I want to do every- convened on this issue on May 15, 2002, hobbyists that could not survive with thing possible to promote the full real- nobody seemed happy with the out- the rates set by the Librarian, and ization of the Internet’s potential. A come of the arbitration and, in fact, all copyright owners and performers who flourishing Internet with clear, fair the parties appealed. The recording in- under this bill will give certain eligible and enforceable rules governing how dustry and artist representatives feel webcasters an alternative royalty pay- content may be used will benefit all of that the royalty rate, which was based ment scheme. this legislation does not us, including the entrepreneurs who on the number of performances and lis- represent a complete victory for any of want us to become new customers and teners, rather than on a percentage-of- these stakeholders. Artists and music the artists who create the content we revenue model, was too low to ade- labels may believe that they are fore- value. quately compensate the creative ef- going significant royalties under this The advent of webcasting, streaming forts of the artists and the financial in- legislation and I appreciate that there music online rather than broadcasting vestments of the labels. Many are those in the webcasting business, it over the air as traditional radio sta- webcasters declared that the per-per- who are either not covered or not suffi- tions do, has marked one of the more formance approach, and the rate at- ciently helped by the bill, who believe exciting and quickly growing of the tached to it, would bankrupt small op- that this legislation should do more. new industries that have sprung up on erations and drain the large ones. I As one analyst the Radio and Internet the Web. Many of the new webcasters, said then that such an outcome would Newsletter stated, in the October 11, unconstrained by the technological be highly unfortunate not only for the 2002 issue, ‘‘Clearly, the ‘Small limitations of traditional radio trans- webcasters but also for the artists, the Webcaster Amendments Act of 2002’ a/ mission, can and do serve listeners labels and the consumers, who all k/a H.R. 5469 is an imperfect bill that across the country and around the would lose important legitimate chan- doesn’t fix everything for everybody; world. They provide music in special- nels to connect music and music lovers Still, overall, does it do more good ized niches not available over the air. online. than harm for more people? My belief They feature new and fringe artists On appeal, the Librarian in June 2002, is that many are helped one way or the who do not enjoy the few spots in the cut the rate in half, to .07 cents per other and virtually no one is assured of Top 40. And they can bring music of all song per listener for commercial being hurt. Thus, the answer, the types to listeners who, for whatever webcasters. Nevertheless, many whole, would be yes.’’ I know that most webcasters share reason, are not being catered to by tra- webcasters, who had been operating my belief that artists and labels should ditional broadcasters. during the four year period between be fairly compensated for the use of We have been mindful on the Judici- 1998 and 2002, were taken by surprise at their creative works. This legislation ary Committee that as the Internet is the amount of their royalty liability. provides both compensation to the a boon to customers, we must not ne- The retroactive fees were to be paid in copyright owners and helps to support glect the artists who create and the full by October 20 and would have re- the webcasting industry by offering businesses which produce the digital sulted in many small webcasters in more variable payment options to works that make the online world so particular, going out of business. small webcasters than the one-size- fascinating and worth visiting. With In order to avoid many webcasting firts-all per performance rate set out in each legislative effort to provide clear, streams going silent on October 20, the original CARP and Librarian deci- fair and enforceable intellectual prop- when retroactive royalty payments sions. The rates, terms and record- were due, I urged all sides to avoid erty rules for the Internet, a funda- keeping provisions are applicable only more expense and time and reach a ne- mental principle to which we have ad- to the parties that qualify for and elect gotiated outcome more satisfactory to hered is that artists and producers of to be governed by this alternative roy- all participants than the Librarian’s digital works merit compensation for alty structure and no broad principles decision. I also monitored closely the the value derived from the use of their should be extrapolated from the rates, progress of negotiations between the work. terms and record-keeping provisions In 1995, we enacted the Digital Per- RIAA and webcasters. On July 31, I contained in the bill. The Copyright Of- formance Right in Sound Recordings sent a letter with Senator HATCH to fice is presently engaged in a rule-mak- Act, which created an intellectual Sound Exchange, which was created by ing on record-keeping and this bill does property right in digital sound record- the RIAA to act as the agent for copy- not supplant that ongoing process. ings, giving copyright owners the right right holders in negotiating the vol- After the House passed H.R. 5469 on to receive royalties when their copy- untary licenses with webcasters under October 7, 2002, I have worked with righted sound recordings were digitally the DMCA and to serve as the receiving Senator HATCH to clear the bill for pas- transmitted by others. Therefore when agent for royalties under the CARP sage through the Senate and address their copyrighted sound recordings are process. The letter posed questions on concerns raised on both sides of the digitally transmitted, royalties are the status of the reported on-going ne- aisle. While the bill was finally cleared due. In the 1998 Digital Millennium gotiations between RIAA/Sound Ex- for passage by all the Democratic Sen- Copyright Act, DMCA, we made clear change and the smaller webcasters, the ators on October 17, passage of the leg- that this law applied to webcasters and terms being proposed and considered, islation was blocked before the lame- that they would have to pay these roy- and how likely the outcome of those duck session. I am pleased to have alties. At the same time, we created a negotiations would be to produce via- worked with Senator HELMS on a sub- compulsory license so that webcasters ble deals for smaller webcasters, while stitute that resolves some of the con- could be sure of the use of these digital still satisfying the copyright commu- cerns raised about the original House- works. We directed that the appro- nity. passed bill. priate royalty rate could be negotiated Reports on the progress of these ne- The Helms-Leahy substitute makes by the parties or determined by a gotiations were disappointing, which the following changes in H.R. 5469: Copyright Arbitration Royalty Panel, makes this legislation all the more im- First, it authorizes SoundExchange or CARP, at the Library of Congress. portant. As a general principle, mar- to enter into agreements with groups Despite some privately negotiated ketplace negotiations are the appro- representing small webcasters and non- agreements, no industry-wide agree- priate mechanism for determining the commercial webcasters. Such agreement on royalty rates was reached and allocation of compensation among in- ments will be available generally to therefore a CARP proceeding was insti- terested parties under copyright law. any party which qualifies under their tuted that concluded on February 20, Yet, we have made exceptions to this terms as an option to the rates adopted 2002. The CARP decision set the roy- general principle, as reflected in this by the Copyright Office. The rates and alty rate to be paid by commercial legislation and the very compulsory li- terms of such agreements will be bind- webcasters, no matter their size, at .14 cense provisions it amends. ing on all copyright holders once the

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.149 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11727 agreement has been published in the webcasting industry would be closed to panded from a small middle school Federal Register by the Copyright Of- all but those with the substantial re- with vocal detractors to an overwhelm- fice. Such deals are authorized to cover sources necessary to subsidize the busi- ingly successful experiment in public the retroactive fees, as well as those ness until the advertising revenues school choice, boasting an enrollment going forward. caught up to the per performance roy- of 760 6th to 12th graders. If their first Second, the substitute amendment alty rate. decade is any indication of what they imposes a 6 month moratorium on fee A number of concerns have been will offer in the future, we have much collections from noncommercial enti- raised that the rate and terms of the to look forward to. ties, to allow for negotiations with agreements authorized under the sub- Cab Calloway School of the Arts such entities. This provision is particu- stitute amendment do not constitute works to provide young people from di- larly important for noncommercial evidence of any rates, rate structure, verse backgrounds with intensive webcasters, such as those operating at fees, definitions, conditions or terms training in the arts and a comprehen- colleges and universities. The Librar- that would have been negotiated in the sive academic curriculum that will pre- ian’s decision contained an anomaly marketplace between a willing buyer pare them for success in higher edu- under which nonprofit entities that and willing seller. The concern stems cation and employment. They are suc- held FCC licenses were given a lower from the DMCA’s statutory license fee ceeding. per performance rate than were com- standard directing the CARP to estab- The school’s halls are filled with tal- mercial entities, but no such provision lish rates and terms ‘‘that most clearly ented faculty, skilled supervisors, and was made for noncommercial entities represent the rates and terms that dedicated staff. Its students have been that were not FCC licensees. The bill would have been negotiated in the mar- awarded numerous accolades and rec- provides a moratorium on the collec- ketplace between a willing buyer and a ognition for their art, writing, theatre, tion of royalties in order for an alter- willing seller,’’ rather than a deter- academics, vocal and band perform- native agreement to be reached. mination of ‘‘reasonable copyright roy- ances, as well as academics. Cab Calloway’s students continue to It also authorizes Sound Exchange to alty rates’’ according to a set of bal- defy the odds, meeting or exceeding our postpone retroactive royalty collec- ancing factors. This new webcasting State’s standards in reading, writing tions from small webcasters with standard may be having the unfortu- and math. Last year, the school’s 10th whom it is negotiating deals. The origi- nate and unintended result that nal House-passed bill recognized the graders ranked among the very highest webcasters and copyright owners are in the State in reading and writing retroactive burden on many of the concerned that the rates and terms of comprehension. Mixing academics with small commercial webcasters by allow- any voluntary licensing agreements freedom of expression and strong pa- ing them to make their payments will be applied industry-wide. The new rental support has boosted their stu- based on a percentage of revenue or webcasting standard appears to be dents’ self-confidence and given us all percentage of expense, but also allows making all sides cautious and reluc- something to feel good about. both small commercial and non- tant to enter into, rather than facili- When I served as Governor of Dela- commercial webcasters to pay these tating, voluntary licensing agree- ware, Cab Calloway’s students per- retroactive fees in three payments over ments. formed, at my request, at the Hotel he span of a year. Passage of this legislation does not DuPont for the Governor’s National Third, the substitute amendment mean that our work is done. As this Association. They helped me celebrate adopts language making clear that webcasting issue has unfolded, I have my second inauguration as Governor at such deals are not precedent in any ju- heard complaints from all sides about the Wilmington Grand Opera House dicial proceeding or in future CARPs. the fairness and completeness of proce- and have since been named to the Gov- Fourth, the substitute amendment dures employed in the arbitration. In- ernor’s School of Excellence. They con- provides for direct payment to artists deed, the concerns of many small tinue to make me proud. and deductibility of expenses from the webcasters were never heard, since the Cab Calloway School of the Arts has proceeds of the royalties. cost of participating in the proceedings represented the State of Delaware at Finally, the substitute amendment was prohibitively expensive and their The Kennedy Center in Washington DC, authorizes a GAO/Copyright Office ability to participate for free was and its students have performed at the study on the impact of agreements be- barred by procedural rules. One thing Delaware Mentoring Council Celebra- tween third parties and webcasters and is clear: Compulsory licenses are no tions in Wilmington and Dover, at- the effect that such agreements should panacea and their implementation may tended by GEN. Colin Powell. have on percentage of expense royalty only invite more congressional inter- These days I work closely with rates. This authorization does not convention. To avoid repeated requests for HILLARY CLINTON in the Senate. When I tain any preliminary findings or sense the Congress or the courts to intercede, brought her to tour the Cab Calloway of the Congress language as to how we must make sure the procedures and School of the Arts in 1996, she was our such study should be resolved. standards used to establish the royalty First Lady, and I made sure that a tour The agreement to be negotiated be- rates for the webcasting and other showcasing the best of Delaware in- tween Sound Exchange and small compulsory licenses produce fair, cluded the innovative school. We webcasters will likely reflect the rates workable results. Next year, we should talked about the importance of school and terms set forth in the original focus attention on reforming the CARP choice and the inroads made possible House-passed bill. These terms provide process. by a school dedicated to providing a an option of paying a percentage of f cultural and academic experience that revenue and stay in business. As one instills character and a greater appre- Vermont webcaster told me, ‘‘Although ADDITIONAL STATEMENTS ciation of the arts. the percentage of revenue is too high, As Governor of Delaware, and now as at least we have the option. A percent- Senator, I have shared with people IN CELEBRATION OF THE TENTH age of revenue deal with enable [us] to across America the story of Cab’s suc- stay in business moving forward, grow ANNIVERSARY OF CAB cess. I tell them about teachers such as our audience, and compete.’’ CALLOWAY SCHOOL OF THE Marty Lassman, who daily dem- The Librarian of Congress royalty ARTS IN WILMINGTON, DELA- onstrate unparalleled commitment and rate is based on a per performance for- WARE patience, the support staff that is there mula, which has the unfortunate effect ∑ Mr. CARPER. Mr. President, I rise when needed, the students who again of requiring webcasters to pay high today to celebrate the 10th anniversary and again exceed expectations, and the fees for their use of music, even before of the Cab Calloway School of the Arts parents and family members who un- the audience of the webcaster has in Wilmington, the first public arts derstand they have an obligation to be grown to a sufficient size to attract school in the State of Delaware. Since full partners in the education of their any appreciable advertising revenues. the late Cab Calloway cut the ribbon children. Together, they serve as an in- Without any percentage of revenue op- for the school’s grand opening on No- spiration and an example to commu- tion (as the legislation allows), the vember 23, 1992, the school has ex- nities across the country.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.151 S20PT2 S11728 CONGRESSIONAL RECORD — SENATE November 20, 2002 Delaware is a small State, but we are league for the community of West La- EFFECTIVE DATE PROVISION OF building a growing record of achieve- fayette, where he played with and man- INVOLUNTARY BANKRUPTCY ment in public school education. State- aged the team. Always a community- CLARIFICATION wide, scores have again increased in all minded individual, Arni Cohen also of- ∑ Mr. BAUCUS. Mr. President, we are grades and across the board in reading fered his restaurants to upstart musi- all aware that last Thursday the House and math, as we begin to close the cians and comedians, allowing them to failed to pass the conference report on achievement gap. pave their way into show business. Mr. H.R. 333, the bankruptcy reform meas- Much of what we have accomplished Cohen’s years in the Army and his ure. Further, failing to pass H.R. 333, in Delaware, and at the Cab Calloway years as a city council member illus- the version of bankruptcy reform that School of the Arts, serves as a model trate his commitment to serving his the House did pass last Friday was not for our Nation. country and community. taken up for Senate consideration this I thank the staff and students of the Family and friends remember Arni past week for several reasons. However school, both past and present, for their Cohen as a charitable person, always there are much needed reforms in the efforts to create a more meaningful ex- smiling, and eager to offer a kind word bankruptcy bill and one in particular perience for our students, and I wish to everyone. Mr. Cohen loved his com- that I would like to discuss today. Cab Calloway School of the Arts a very munity, honorably serving it for 37 It is my understanding that the final happy 10th anniversary. years. His dedication and kindness to bill passed by the House did contain a I rise today to offer my full support his community are a credit to his fam- number of technical corrections that to future generations of students and ily and to the State of Indiana. were agreed to on a bipartisan, bi- educators at Cab Calloway School of cameral basis after inadvertent draft- It is my privilege to pay tribute to the Arts and congratulate this extraor- ing errors were discovered following Arni Cohen for his commitment and dinary school on a remarkable decade the conclusion of the work of the con- service by honoring him in the official of success.∑ ference committee on H.R. 333. One record of the Senate. I send my heart- f such error involved the effective date felt condolences to his family, friends, provision of section 1234. Section 1234 HONORING NATHANIEL BANKSTON and the community of West Lafayette. was not a new provision of law but a re- UPON HIS RETIREMENT When I reflect upon the lives of men iteration of current law. This section ∑ Mr. DASCHLE. Mr. President, today such as Arni Cohen, who dedicated his made clear that a claim that is in bona I want to share with my colleagues the life to serving others, I am reminded of fide dispute over the existence of liabil- dedication and public service rendered the principles of public service.∑ ity, or the amount of that liability, by Nathaniel Bankston, Registrar of cannot be used as the basis for bringing Voters in East Baton Rouge Parish. He f an involuntary bankruptcy action. is retiring from public service today, This clarification is consistent with and as he enters a new phase in his life, RETIREMENT OF RON KING the 1984 legislative history of this por- I look back and remember his accom- tion of Section 303 of the Bankruptcy plishments. ∑ Mr. CRAPO. Mr. President, I rise Code. It also tracks the decisions of all Mr. Bankston has served as the Reg- today to acknowledge the upcoming re- five Courts of Appeal that have ruled istrar of Voters of East Baton Rouge tirement of Ron King, Director of Com- on the bona fide dispute bar to the Parish since 1969. His dedication to munications at the Department of En- bringing of involuntary bankruptcy ac- ‘‘getting the job done’’ causes him to ergy’s Idaho Operations Office. The tions. reach out to both all parties, regardless DOE Idaho Operations Office oversees Section 1234 restated and strength- of affiliation. He is a respected member manangement of the Idaho National ened congressional intent that an in- of the community, having served as Engineering and Environmental Lab- voluntary bankruptcy action should president of the Louisiana Registrars oratory, INEEL, and for almost 10 not be employed by litigants seeking to of Voters Associations, member on the years Ron has served, with distinction, gain more leverage than they would Board of Trustees of the Louisiana as the director of communications. have if they disputed contract perform- Registrars of Voters Retirement Sys- Ron’s service to his country began ance in the proper judicial forum. The tem, and president of the East Baton with a career in United States Navy, respondent in a bona fide dispute over Rouge Parish Board of Election Super- which included various intelligence liability for a claim or the amount visors. He is a lifelong resident of Lou- and administrative positions. After re- thereof should not be disadvantaged by isiana, having graduated from south- tiring from the U.S. Navy in 1979, Ron the stigma and expense of an involun- eastern Louisiana University in Ham- continued to work with the Navy as a tary bankruptcy proceeding, nor mond, LA, in 1972. Government and contractor employee. should our overcrowded bankruptcy He has spent his entire life striving Ron’s public service culminated with courts be burdened with such disputes. to make Louisiana a better place, and his service to the Department of En- In as much as section 1234 restated exit is with a heavy heart that I see him ergy with posting in Montana and isting law, it was given immediate ef- retire. Mr. Bankston is an upstanding Idaho. fect upon enactment—but, due to a drafting error, it would not have ap- citizen and it is my hope that his fu- As Director of Communications, Ron ∑ plied to cases now pending before the ture holds all that he desires. served as the interface between the bankruptcy courts. This mistake would f DOE and various stakeholders such as have had a particularly perverse effect State of Idaho officials, the Idaho con- HONORING THE LIFE OF ARNI in the five Federal circuits that have gressional delegation, tribal govern- COHEN correctly ruled that bona fide dispute ments, community groups, academic ∑ Mr. BAYH. Mr. President, I rise to standard applies to both liability and institutions and media outlets. In each pay tribute to a fellow Hoosier, whose the amount thereof; no circuit court of these groups, Ron is well-known and life embodied American ideals of entre- has reached a contrary conclusion. respected and the DOE has benefited preneurship, community, and service. As soon as the conferees became from Ron’s representation. In Indiana, we mourn Arni Cohen’s aware of this mistake, they worked to death. Mr. Cohen began a pizza busi- Public service involves personal sac- fashion a correction contained in a ness by purchasing his first Arni’s res- rifice, commitment to duty and hard concurrent resolution to be adopted si- taurant in 1965. Through a mixture of work. Ron King exemplified these val- multaneously with the conference re- expansions and franchising, Mr. Cohen ues during his service in the Idaho Op- port. That and other enrolling changes embodied the principle of free enter- erations Office. Ron will leave big were incorporated in the bankruptcy prise by populating 13 different cities shoes to be filled and his service will bill passed by the House last Friday. in Indiana with nearly two dozen of his not be forgotten. The involuntary bankruptcy provision restaurants. Mr. Cohen’s undying love I want to wish Ron and his wife was contained in section 1233 of that for his community and baseball Cindy all of the best as Ron leaves Gov- measure, which stated that ‘‘This sec- prompted him to create a softball ernment service.∑ tion and the amendments made by this

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.065 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11729 section shall take effect on the date of a terrific student, Leon was also a good world, the University of Alabama. The enactment of this Act and shall apply basketball player. On one occasion, he presentation of the award on Sep- with respect to cases commenced under undertook to coach a group of us who tember 18, 2002, brought credit on both Title 11 of the United States Code be- attended the Methodist Youth Fellow- Dr. Sadler and the University.∑ fore, on, and after such a date.’’ ship in a basketball league. In fact, we f As the author of both the 1984 amend- had an ecumenical Methodist Youth HONORING REVEREND HAROLD ment that established the bona fide Fellowship, with Presbyterians and JONES dispute proviso of section 303 of the other church members attending. We Code and 2001 Senate amendment that thought he was a wonderful coach and ∑ Mr. JOHNSON. Mr. President, I am became section 1234 of the conference that we would be a successful team. saddened to report the passing of one of report and section 1233 of the House- Unfortunately, he had chosen by far South Dakota’s most exceptional spir- passed bill, I intend to seek to secure the shortest team in the league and itual leaders, Rev. Harold Jones. the same clarification and reiteration though we learned much about the Harold was the first Native American of current law in the 108th Congress.∑ game, a winning season we did not to serve as a bishop in a Christian de- nomination. He was a widely respected f have. Leon married his high school class- leader, and was greatly admired by his TRIBUTE TO DR. LEON Y. SADLER, mate, Dana McNeil, a wonderful and peers for his dedication to the people III sparkling person who maintained a he served and guided. His tremendous ∑ Mr. SESSIONS. Mr. President, I rise successful career in real estate. She contributions to the community and today to express my congratulations to has been his loving partner throughout groundbreaking achievements set him Dr. Leon Y. Sadler, III, originally of their marriage of many years. They apart from other outstanding spiritual Camden, AL, now of Tuscaloosa, Ala- have two wonderful sons, Leon IV and leaders. bama, for his receipt of the Out- Cobb. Born in 1909 and raised on the Santee standing Commitment to Teaching In recent years, I had the chance to Reservation in Nebraska, Harold lost Award given by the University of Ala- reestablish a close relationship with his parents at an early age and was bama. Leon and Dana. Spending time with raised by his grandparents, who Dr. Sadler comes from a well re- them has been a most pleasant experi- brought him up as a Christian. He at- spected Wilcox County family who for ence. He and Dana have had me stay tended school at Seabury-Western generations have provided the area with them in their fine home in Tusca- Seminary in Illinois. After graduating, with leadership. His grandfather, Mr. loosa and treated me with genuine hos- Harold spent 13 years at the Pine Ridge ‘‘Duck’’ Sadler was a superb business- pitality. I have cherished those visits Mission and 12 years at Holy Trinity man, and farmer. Indeed, my father and our talks about friends and family Parish in Wahpeton, ND. He also served purchased his International Harvester and our roots. In this highly mobile at the Cheyenne River Agency, Gettys- dealership from him in the late 1950s. world, it is important that we stay burg, Dupree, Pine Ridge, and Rapid Dr. Sadler’s father was a brilliant law- close to our friends and to our herit- City, SD and Fort Defiance, AZ. Harold yer who did superb legal work for over age. was consecrated as a bishop suffragan a half century, operating from his mod- Everyone has such a great love and of the Episcopal Diocese of South Da- est office in Camden. Dr. Sadler’s affection for Leon. Though brilliant kota on January 11, 1972. The ecumeni- brother, Tom, graduated one year and dedicated, he never lost his humil- cal ceremony was witnessed by 1,000 ahead of me at Wilcox County High ity and humanity. People love him and people in the Catholic Church’s St. Jo- School, obtained his engineering de- love being with him. His friends are seph Cathedral in Sioux Falls. gree from Massachusetts of Technology many and very, very loyal—just as he As a Native American, Harold’s entry and, likewise, excelled in engineering. is to them. into the church did not occur without Leon earned a B.S. in Engineering Leon is now suffering an erosion of controversy and prejudice. While at from Georgia Institute of Technology, his physical abilities as the result of seminary school in Illinois, Harold and his master’s degree and Ph.D. at the progression of Lou Gehrig’s dis- earned money by giving talks about the University of Alabama. He joined ease. I visited him, Dana and Jim life on South Dakota Indian reserva- the Department of Chemical Engineer- Wilburn recently and enjoyed it great- tions to churches in the Chicago area. ing at the University of Alabama in ly. Among other things, we talked of Outside these churches signs often 1978 after working for Olin Chemical my re-election effort which was just a read, ‘‘Come this Sunday and see a live Corporation and the United States Bu- few weeks off. Leon, now unable to Indian!’’ Never deterred from following reau of Mines. His publications are nu- speak, with a smile on his face, wrote his chosen path, Harold overcame the merous and his research has led to his on his small erasable board the words, misconceptions and prejudices of oth- being rewarded three patents. He is ‘‘You’re going to win.’’ That was an en- ers to become one of the most re- also the recipient of numerous awards couraging comment and, as it turned spected and revered bishops in the including Reichold-Shumaker Profes- out, he was correct. country. sorship of Chemical Engineering; De- Leon Y. Sadler, III has achieved ex- Harold’s dedication to helping others partment of Engineering 140th Anni- cellence in a rigorous and demanding serves as his greatest legacy. His work versary Outstanding Fellow Award; specialty, Assistant Professor of Chem- continues to inspire all those who Rau Beta Pi Outstanding College of En- ical Engineering. He has been a bless- knew him. Our Nation and South Da- gineering Faculty Award and Alabama ing to his fellow man. He has remem- kota are far better places because of Society of Professional Engineers bered his roots and friends from Wilcox Harold’s life, and while we miss him State of Alabama Engineering Educa- County. He loves his wife and family very much, the best way to honor his tor of the Year for 2001, to name a few. and is proud of all their accomplish- life is to emulate the love and support His excellence as a teacher of chemical ments. To an unusual degree, he loves he shared with others.∑ engineering is best enunciated by one America, understands her greatness, f of his students who said about Leon: keeps up with current affairs, and does all he can to keep her on the right THE LIFE OF JANET ADAMS Not only does he use his great technical path. VIGGIANI skills to educate his students to be better ∑ suited for industry, but he also employs his Teachers are important people. In ad- Mr. DODD. Mr. President, I rise today personal skills to illustrate to students how dition to their professional excellence, to pay tribute to the late Janet Adams to be better suited for the ‘‘real world.’’ He teachers help young people learn how Viggiani—a native of Connecticut. I never fails to provide students with the to live—in the words of his student, have known the Viggiani family for means to learn, as well as the tools to suc- ‘‘. . . how to be better suited for the many years as residents of our native ceed in a competitive field. ‘real world’’’. Indeed. I extend my con- State, as neighbors in East Haddam, I knew Leon as a student in the pub- gratulations to Dr. Sadler for this im- and as friends. Janet became a strong lic schools of Wilcox County. He grad- portant teaching award, presented by advocate for the public interest, an ac- uated several years ahead of me. While one of the great universities in the complished attorney, and an educator,

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.081 S20PT2 S11730 CONGRESSIONAL RECORD — SENATE November 20, 2002 who dedicated her professional life to was named assistant dean at Harvard College [From the Post and Courier, Nov. 16, 2002] helping young people and to making in 1988 while working for her doctorate at ATTORNEY’S LIFELONG PASSION TO DEFEND our Nation a more just and equitable the Harvard School of Education. As a dean, UNDERDOG HAS TAKEN HIM TO THE NATION’S land. she dealt with issues of concern to women, HIGHEST COURT sexual harassment and assault, training of Born in Middletown, CT, Janet spent (By Jennifer Berry Hawes) teaching fellows and resident tutors in re- her early years in the Nutmeg State. lated matters, and advising the dean of the It’s telling enough that Armand Derfner After graduating summa cum laude college and the Harvard administrative would win a prestigious national award that from Smith College, she began what board on policy and procedure in these areas. honors an attorney who has most contrib- would become a lifetime of work moti- She was born in Middletown, Conn. Octo- uted to the public interest in a precedent- vated by a deep desire to serve others, ber 15 1954, the second child of Jane Mead setting case. What’s just as telling: Derfner missed the particularly those who struggled Viggiani and Carl A. Viggiani, professor of Romance languages and literature at Wes- fancy, Oscar-like ceremony to get it. mightily to overcome enormous adver- Derfner and his wife, Mary Giles, were sit- sity in their lives—such as illness, leyan University. She spent her young years in nearby Middle Haddam and attended East ting on a tarmac in Charleston because their criminal abuse, and discrimination. Hampton High School, where her career in flight was delayed. She worked for the Nine To Five Orga- law was foreshadowed by her passionate pub- Of course, he had a defense for cutting it nization for Women Workers in Boston lic defense of Black students unjustly ac- too close. He couldn’t miss cross-examining and for Brigham and Women’s Hos- cused of provoking violence in a racial dis- a witness the day before. Besides, Derfner pital. She cofounded the Massachusetts pute. She completed high school at the just isn’t a man of pomp. Buxton School in Mass. The honor is called the 2002 Trial Lawyer Public Interest Research Group, which of the Year Award. It was given the summer has done so much to protect the rights After graduating from Smith College summa cum laude in 1978, she worked for the by the Trial Lawyers for Public Justice. and interests of working families. She Derfner and three other attorneys were Nine-to-Five Organization for Women Work- honored for this year’s huge settlement of also cofounded the New England Sexual ers in Boston, for Brigham and Women’s Hos- their 27-year class-action lawsuit over Mis- Assault Network, which provided sup- pital and for Radcliffe Career Services as a sissippi’s treatment of the state’s black col- port for victims of some of society’s counselor and then assistant director. lege students and its traditionally black uni- most heinous crimes. Janet became as- At Harvard, in addition to her deanship, versities. she held the post of Allston Burr Senior sistant director of Radcliffe College’s The state settled for $513 million. Now, Tutor of the college’s Adams House, where Career Services Center, where she pro- even the suit’s settlement is being disputed: she was responsible for many aspects of the vided guidance to students searching ‘‘It’s still going on!’’ Derfner grins. lives and studies of 420 Harvard undergradu- for meaningful careers. While working Such a draining, drawn-out conflict could ates. tax many people. But a good debate of any for her doctorate at the Harvard In 1991, she received the degree of doctor sort delights Derfner. It’s why such an ar- School of Education, Janet was named education from Harvard. However, the same dent liberal can enjoy life in conservative an assistant dean at Harvard College in year marked the onset of a cancer that was Charleston. ‘‘Armand always goes against 1988. She spent 3 years advising the col- to recur. Not knowing what the future held, the wind,’’ says his longtime friend Martin she bought a car and traveled across Amer- lege administration on sexual harass- Gold. ica for almost a year. ment, sexual assault, tutor training, As a Jewish kid growing up in New York, In the fall of 1993, with the cancer in remis- and gender equality issues in the class- Derfner’s friends backed the Brooklyn Dodg- sion, she began a new career by entering room. ers. Harvard Law School. She received her law In 1996, Janet obtained a law degree Derfner cheered the Giants, the working degree in 1996, passed the state bar, and took from Harvard. After working on a vari- man’s team. a job with the Boston law firm of Hill & Bar- Call it an early showing of a lifelong pas- ety of employment discrimination low, where she specialized in discrimination cases in the private sector, Janet was sion for defending the underdog, a passion and employment law. he’s taken to courtrooms around the na- able to combine her love of law and In 1999, she accepted an invitation from tion—namely the South—arguing Civil education by taking a position at Sim- Simmons College President Daniel Cheever rights cases, taking several to its highest mons College, where she served as a to come to Simmons as the college counsel court. legal counsel to the president. In this and assistant to the president. In the edu- He’s argued before the U.S. Supreme Court capacity, Janet dealt with a variety of cational environment she enjoyed, she dealt five times, and won them all. He’s won sev- with a wide range of legal issues ranging legal issues, including employment, eral more cases that he didn’t have to argue from employment, student affairs and intel- before the justices. He’s also testified several gender and racial discrimination, intellectual property, to probate and criminal lectual property, and other student af- times before Congress. law. But in his hometown Charleston, he’s bet- fairs. In her year of travel across the country, ter known for challenging County Council’s Janet was taken from us too soon, she had discovered the peace and beauty of at-large system of elections, arguing that but she touched the lives of many peo- the southwest corner of Colorado. When the the system discriminates against black vot- ple throughout her life. Her dedication recurrence of cancer forced her retirement ers. He also defended the Charleston 5 and to making our world a better place in- from Simmons in 2001, she returned to that argued that County Council violated the spired many people and serves as an ex- area and rented a house in a pine forest Constitution by posting the Ten Command- where she spent her last year. She remained ample for all of us to follow. My ments. active until the final weeks of her life, even They can be unpopular positions. It’s why thoughts and prayers are with Janet’s hiking at 13,000 feet in the nearby Rockies. friends and family, particularly with Derfner needs a sense of humor to work in a She is survived by her parents, of East place like this. her parents, Carl and Jane of East Haddam; a sister, Frances A. Viggiani of In his office at Broad and Church streets, Haddam, CT, her sister Frances, and Brooklyn, New York; and a brother, Carl A. his thick legal texts and filing cabinets ∑ her brother Carl. She will be deeply Viggiani, Jr. of White Plains, New York. tower near a pinball machine. And this is no missed by all who knew her. f respectable pinball machine. It features The Mr. President, I would like to submit Fonz and a buxom, redheaded Pinky for the RECORD an article written about A TRIBUTE TO ARMAND DERFNER Tuscadero. Get him playing and Derfner, in Janet that appeared several days ago ∑ Mr. HOLLINGS. Mr. President, we slacks and a tie, grins like a 12-year-old in in the Middletown Press. have numerous inspirations in our an arcade. There being no objection, the mate- ‘‘Stuffy, he’s not,’’ former partner Ray Charleston, SC, community, but finally McClain says with a laugh. ‘‘He’s not some- rial was ordered to be printed in the one unsung hero was heralded in the one with the slightest trace of arrogance or RECORD, as follows: Post and Courier article this past Sat- condescension.’’ JANET VIGGIANI urday. Armand Derfner spent his life Nor is he shy with his opinions. In 1999, Janet Adams Viggiani, a lawyer, educator, fighting for the underdog, dedicated to amid the battle flag debate, Derfner wrote human rights advocate and former assistant civil rights. As a child of the Holo- this letter to the editor: ‘‘I believe the Con- dean for coeducation at Harvard College, caust, his story is particularly inspira- federate flag should keep flying over the died at her home in Mancos, Colorado on Fri- tional. I ask unanimous consent to state Capitol. It is a useful reminder about day, November 8, after a long illness. She the people inside, like a warning label on a print the article in the RECORD. was 48. hazardous product or a sign at the zoo say- A co-founder of Massachusetts PIRG There being no objection, the mate- ing, ‘‘Beware of the Animals.’’ (Public Interest Research Group) and the rial was ordered to be printed in the While Derfner has a lighter side, talk New England Sexual Assault Network, she RECORD, as follows: about his work and he turns intense.

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.063 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11731 On his office wall hangs a sketch of a white Warren and Hugo Black, who grilled him Despite his liberal views in Charleston, hand uplifting a black one. In Hebrew and good. Derfner says he never felt unwelcome. That English, it reads, ‘‘Thou shalt not stand idly ‘‘They were giants then,’’ he recalls. ‘‘And may be thanks in part to his synagogue in- by.’’ it was such an exciting experience, so excit- volvement and Mary Frances’ family roots And stand by he hasn’t. ing to see the court looking at laws and con- here. FLEEING HITLER sulting in a way I though was so good for the then in 1981, the Derfners returned to country.’’ Washington for a third time to pursue a His Jewish family lived in Poland as Hitler OLD MISSISSIPPI chance to extend the Voting Rights Act. came to power. With the rise of Nazi control Derfner toiled from an office near the U.S. in 1936, his parents fled their home with When he moved to Mississippi, he was Capitol and taught at American University. forged Swedish passports. They traveled joined by his first wife, Mary Frances. He worked closely with Massachusetts Sen. through Germany and on to France, where They’d met in Washington. She was from an Edward Kennedy and clashed with his home they settled in Paris. old Charleston family named Legare, he was state’s Sen. Storm Thurmond. In 1938, his mother gave birth to Armand, a New York son of Jewish immigrants. ‘‘He could be legitimately called one of the her first child. During Derfner’s first year of Different as they could have been, they two or three most experienced and most ef- life, Hitler’s aggression escalated, and his shared a passion for civil rights. And they fective attorneys in the area of voting rights troops expanded their control. The next were about to become partners in risky in the country,’’ McClain says. year, the Nazis invaded Poland. work. But the Derfners returned, again, to His parents, foreseeing that Hitler would When Derfner landed in Mississippi in the Charleston. Soon after, around 1990, Mary not stop there, tried to get passports to the late 1960s, a man he didn’t know greeted him Frances’s diabetes ravaged her body. United States—but couldn’t. at the airport. ‘‘Hello, Mr. Derfner.’’ He was She died in 1992 when she was just 45. Finally, as the Nazis began to invade followed day and night. And he was threat- Joel was in college, and Jeremy in high France, Derfner’s mother got the passports. ened. His dog was poisoned. He was arrested school at Porter-Graud. ‘‘I think they were His father raced to the U.S. Consulate to get and jailed for contempt of court. raising me,’’ Derfner says, looking back on American visas. But the consulate was And while driving down a highway with the painful time. packed up and the workers heading out. One May Frances one day, a bullet smashed McClain recalls the years Derfner cared for worker still there broke open a locked desk through the passenger window beside her, his wife. drawer and stamped the visas. shattering it, but missing them. ‘‘He was very devoted,’’ McClain says. ‘‘He It was June 12, 1940, Derfner’s second birth- ‘‘It was definitely a war zone,’’ he says. ‘‘I grieved quite deeply for Mary Frances.’’ day. had a lot of friends who were shot at, so I JOY IN LIFE They left Paris by train just hours before wasn’t surprised.’’ But then, in the mid-1990s, Derfner met a the Nazi troops arrived. By June 14, Nazis oc- Yet he never unlisted his phone number. woman named Mary Giles. She worked at the cupied the city. And Mary Frances remained active in the S.C. Historical Society, which has archived The Derfners fled south and stopped in work with him. They stayed for three years. some of Derfner’s papers. Bordeaux. They crossed by train into Spain ‘‘After a while, I could see that the work He became intrigued by this warm woman and then to Portugal, where they boarded a was so intense and so unrelenting that it has who found a fascinating life behind poten- Greek ship, the Nea Hellas, on its way to an effect. I began to feel like it was time to tially dry documents. They began to date. New York. take a break.’’ They married in 2000. Today, she works as Exactly one month later, on July 12, they They returned to Washington for several archivist for the Catholic Diocese of Charles- landed in New York. years. He was thrilled to work on hot na- ton. Derfner grew up mostly in New York, sur- tional issues, but at times the work was ab- Talking about her, Derfner grins big, like a rounded by fellow Jewish immigrants with stract, less personal than toiling in legal boy with a giant crush. She’s clearly re- similar family stories. Many older people he trenches, working hands-on with clients who turned joy to his life. knew had numbers tattooed on their fore- needed help. ‘‘She’s an extraordinarily warm person,’’ arms. And the couple wanted to start a family. he says. ‘‘People are bulldozed by how close Derfner’s parents never again saw their Yet Mary Frances suffered from juvenile you feel to her. I know I was.’’ families in Poland. ‘‘Everyone was killed in diabetes. As a teenager, her doctor had said f concentration camps,’’ he says, turning emo- that she would die young and couldn’t bear tional. children. When they met, she’d already MESSAGE FROM THE HOUSE Years later, Derfner would sit with his begun to feel the terrible disease’s effects mother to look at family pictures. On a good but didn’t believe the doctor’s dire pre- day, she could make it through four or five diction. ENROLLED BILLS AND JOINT names before breaking down. ‘‘Everyone ‘‘She was active while being sick,’’ Derfner RESOLUTIONS SIGNED she’d ever known was gone. smiles. ‘‘Her life was a miracle, too.’’ ‘‘In my family, there’s always been this Mary Frances drove, even played baseball. At 1:01 p.m., a message from the sense that there is supposed to be justice in And she wanted to have children. House of Representatives, delivered by the world, and we’re supposed to help people But they didn’t want to raise them in Mr. Hays, one of its reading clerks, an- get it,’’ he says. Even before the Holocaust, Washington and preferred to move south, nounced that the Speaker has signed his father’s family had gone to Palestine in closer to family and the civil rights work the following enrolled bills and joint the 1920s to fight the British. ‘‘Maybe it’s a they loved. Her aunt was lieutenant gov- resolutions: family tradition.’’ ernor, and her grandfather had been instru- S. 1010. An act to extend the deadline for Today, Derfner’s younger brother, Larry, is mental in restoring what became Charles commencement of construction of a hydro- a journalist in Israel who covers the conflict Towne Landing. electric project in the State of North Caro- there for U.S. News & World Report and the In 1974, they made the move. Their first lina. Jerusalem Post, an English-language news- son, Joel, was a baby then. When Joel was S. 1226. An act to require the display of the paper. His sister, Suzanne, is a lawyer for born, doctors warned that he might not live POW/MIA flag at the World War II Memorial, children with disabilities in California. because he was so premature. But he did. the Korean War Veterans Memorial, and the After growing up, Derfner got his under- And after they moved to Charleston, the Vietnam Veterans Memorial. graduate degree from Princeton and then Derfners welcomed their second son, Jeremy. S. 1907. An act to direct the Secretary of graduated from Yale Law School in 1963, Doctors again warned that the newborn the Interior to convey certain land to the Derfner—and the nation—was focused on the might not live. He also survived. city of Haines, Oregon. civil rights movement. Today, both sons live in New York. Joel, a S. 1946. An act to amend the National He was among those who headed into law Porter-Graud School valdictorian and Har- Trails System Act to designate the Old ‘‘as an engine for social change,’’ McClain vard summa cum laude graduate, composes Spanish Trail as a National Historic Trail. says. musical theater. ‘‘I expect to see his name up S. 2239. An act to amend the National In college, Derfner clerked for the chief in lights one of these days,’’ Derfner says, Housing Act to simplify the downpayment judge of a U.S. court of appeals and then smiling proudly. requirements for FHA mortgage insurance landed a job at Covington & Burling, among Jeremy, named Porter-Gaud’s best all- for single family homebuyers. the most prestigious firms in Washington, around, graduated from Brown University H.J. Res. 124. A joint resolution making DC. He began traveling to Mississippi for summa cum laude, wrote for Slate magazine further continuing appropriations for the fis- stints to work in civil rights cases. and now is pursuing this Ph.D. at Columbia cal year 2003, and for other purposes. When a civil rights law group needed a full- University. H.R. 727. An act to amend the Consumer time attorney, he packed up and moved When he moved to Charleston, Derfner Product Safety Act to provide that low-speed south. Soon after, in 1968, he argued his first joined a firm here with McCain and Frank electric bicycles are consumer products sub- case before the U.S. Supreme Court, an early Epstein working on civil rights and workers’ ject to such Act. Voting Rights Act case. rights cases. Twice he served as South Caro- H.R. 2595. An act to direct the Secretary of Derfner was just 29, a young liberal stand- lina’s representative to the American Civil the Army to convey a parcel of land to Chat- ing before the court’s renowned liberals, Earl Liberties Union’s national board. ham County, Georgia.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.114 S20PT2 S11732 CONGRESSIONAL RECORD — SENATE November 20, 2002 S. 3044. An act to authorize the Court Serv- Department of the Treasury, transmitting, and Medicaid Services, Department of ices and Offender Supervision Agency of the pursuant to law, the report of a rule entitled Health and Human Services, transmitting, District of Columbia to provide for the inter- ‘‘Revenue Ruling 2002–67—Donation of Used pursuant to law, the report of a rule entitled state supervision of offenders on parole, pro- Vehicles to Charity’’ (Rev. Rul. 2002–67) re- ‘‘Medicare and Medicaid Programs; Hospital bation, and supervised release. ceived on November 12, 2002; to the Com- Conditions of Participation; Anesthesia S. 2712. An act to authorize economic and mittee on Finance. Services’’; to the Committee on Finance. democratic development assistance for Af- EC–9746. A communication from the Chief, EC–9755. A communication from the Regu- ghanistan and to authorize military assist- Regulations Unit, Internal Revenue Service, lations Coordinator, Centers for Medicare ance for Afghanistan and certain other for- Department of the Treasury, transmitting, and Medicaid Services, Department of eign countries. pursuant to law, the report of a rule entitled Health and Human Services, transmitting, S.J. Res. 53. A joint resolution relative to ‘‘Section 1.856–4; Rents from Real Property’’ pursuant to law, the report of a rule entitled the convening of the first session of the One ((Rev. Rul. 2002–38)(2002–26)) received on No- ‘‘Medicare and Medicaid Programs; Physi- Hundred Eighth Congress. vember 12, 2002; to the Committee on Fi- cians’ Referrals to Health Care Entities with S. 3156. An act to provide a grant for the nance. Which They Have Financial Relationships’’ construction of a new community center in EC–9747. A communication from the Chief, (RIN0938–AG80) received on October 21, 2002; St. Paul, Minnesota, in honor of the late Regulations Unit, Internal Revenue Service, to the Committee on Finance. EC–9756. A communication from the Regu- Senator Paul Wellstone and his beloved wife, Department of the Treasury, transmitting, lations Coordinator, Centers for Medicare Sheila. pursuant to law, the report of a rule entitled ‘‘Weighted Average Interest Rate Update No- and Medicaid Services, Department of H.R. 3908. An act to reauthorize the North Health and Human Services, transmitting, tice’’ (Notice 2002–74) received on November American Wetlands Conservation Act, and pursuant to law, the report of a rule entitled 12, 2002; to the Committee on Finance. for other purposes. ‘‘Medicaid Program; Use of Restraint and Se- H.R. 5504. An act to provide for the im- EC–9748. A communication from the Regu- lations Coordinator, Centers for Medicare clusion in Psychiatric Residential Treat- provement of the safety of child restraints in ment Facilities Providing Psychiatric Serv- and Medicaid Services, Department of passenger motor vehicles, and for other pur- ices to Individuals Under Age 21’’ received on Health and Human Services, transmitting, poses. October 21, 2002; to the Committee on Fi- pursuant to law, the report of a rule entitled The following enrolled joint resolu- nance. ‘‘Medicare and Medicaid Programs; End- EC–9757. A communication from the Regu- tions, previously signed by the Speaker Stage Renal Disease-Waiver of Condition for of the House, were signed on today, No- lations Coordinator, Centers for Medicare Coverage Under a State of Emergency in and Medicaid Services, Department of vember 20, 2002, by the President pro Houston, TX Area’’ (RIN0938–AK98) received Health and Human Services, transmitting, tempore (Mr. BYRD). on October 21, 2002; to the Committee on Fi- pursuant to law, the report of a rule entitled H.J. Res. 124. A joint resolution making nance. ‘‘Medicare and Medicaid Programs; Emer- further continuing appropriations for the fis- EC–9749. A communication from the Regu- gency Recertification for Coverage for Organ cal year 2003, and for other purposes. lations Coordinator, Centers for Medicare Procurement Organizations (OPO)’’ S.J. Res. 53. A joint resolution relative to and Medicaid Services, Department of (RIN0938–AK81) received on October 21, 2002; the convening of the first session of the One Health and Human Services, transmitting, to the Committee on Finance. Hundred Eighth Congress. pursuant to law, the report of a rule entitled EC–9758. A communication from the Regu- ‘‘Medicare and Medicaid Programs; Change lations Coordinator, Centers for Medicare f of Agency Name: Technical Amendments’’ and Medicaid Services, Department of EXECUTIVE AND OTHER (RIN0938–AL02) received on October 21, 2002; Health and Human Services, transmitting, COMMUNICATIONS to the Committee on Finance. pursuant to law, the report of a rule entitled EC–9750. A communication from the Regu- ‘‘Medicare Program, Part A Premium for The following communications were lations Coordinator, Centers for Medicare 2003 for the Uninsured Aged and for Certain laid before the Senate, together with and Medicaid Services, Department of Disabled Individuals Who have Exhausted accompanying papers, reports, and doc- Health and Human Services, transmitting, Other Entitlement’’ (RIN0938–AL69) received uments, which were referred as indi- pursuant to law, the report of a rule entitled on October 28, 2002; to the Committee on Fi- cated: ‘‘Medicare Program; Payment for Nursing nance. and Allied Health Education; Final Rule EC–9759. A communication from the Regu- EC–9740. A communication from the Chief, Medicare Program; Payment for Clinical lations Coordinator, Centers for Medicare Regulations Unit, Internal Revenue Service, Psychology Training Programs’’ (RIN0938– and Medicaid Services, Department of Department of the Treasury, transmitting, AE79) received on October 21, 2002; to the Health and Human Services, transmitting, pursuant to law, the report of a rule entitled Committee on Finance. pursuant to law, the report of a rule entitled ‘‘Revenue Procedure 2002–70—Cost of Living EC–9751. A communication from the Regu- ‘‘Medicare Program; Negotiated Rule Mak- Adjustments for 2003’’ received on November lations Coordinator, Centers for Medicare ing; Coverage and Administrative Policies 7, 2002; to the Committee on Finance. and Medicaid Services, Department of for Clinical Diagnostic Laboratory Services’’ EC–9741. A communication from the Chief, Health and Human Services, transmitting, (RIN0938–AL03) received on October 21, 2002; Regulations Unit, Internal Revenue Service, pursuant to law, the report of a rule entitled to the Committee on Finance. Department of the Treasury, transmitting, ‘‘Medicare Program; Correction of Certain EC–9760. A communication from the Regu- pursuant to law, the report of a rule entitled Year 2002 Payment Rates Under the Hospital lations Coordinator, Centers for Medicare ‘‘Unit Livestock Price Method’’ (RIN1545– Outpatient Prospective Payment System and and Medicaid Services, Department of Health and Human Services, transmitting, BA25) received on November 7, 2002; to the the Pro Rata Reduction on Transitional pursuant to law, the report of a rule entitled Committee on Finance. Pass-Through Payments; Correction of Tech- ‘‘Medicare Program; Monthly Actuarial EC–9742. A communication from the Chief, nical and Typographical Errors (CMS–1159– Rates and Monthly Supplementary Medical Regulations Unit, Internal Revenue Service, F4)’’ (0938–AK54) received on October 21, 2002; Department of the Treasury, transmitting, Insurance Premium Rate Beginning January to the Committee on Finance. 1, 2003 (CMS–8014–87)’’ (0938–AL63) received on pursuant to law, the report of a rule entitled EC–9752. A communication from the Regu- October 28, 2002; to the Committee on Fi- ‘‘Notice 2002–72—Clarification of Accounting lations Coordinator, Centers for Medicare Period Change Guidance’’ received on No- nance. and Medicaid Services, Department of EC–9761. A communication from the Regu- vember 7, 2002; to the Committee on Finance. Health and Human Services, transmitting, lations Coordinator, Centers for Medicare EC–9743. A communication from the Chief, pursuant to law, the report of a rule entitled and Medicaid Services, Department of Regulations Unit, Internal Revenue Service, ‘‘Office of the Inspector General-Health Care; Health and Human Services, transmitting, Department of the Treasury, transmitting, Medicare and Medicaid Programs; Peer Re- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled view Organizations: Name and Other ‘‘Medicare Program; Changes to the Hospital ‘‘Time for performing certain acts postponed Changes—Technical Amendments’’ (RIN0938– Outpatient Prospective Payment System and by reason of service in a combat zone or a AL38) recieved on October 21, 2002. Calendar Year 2003 Payment Rates; and Presidentially declared disaster’’ (Rev. Proc. EC–9753. A communication from the Regu- Changes to Payment suspension for Unfiled 2002–71) received on November 7, 2002; to the lations Coordinator, Centers for Medicare Cost Report (CMS–1206–FC & CMS–1179–F)’’ Committee on Finance. and Medicaid Services, Department of ((RIN0938–AL19)(0938–AK59)) received on No- EC–9744. A communication from the Chief, Health and Human Services, transmitting, vember 7, 2002; to the Committee on Finance. Regulations Unit, Internal Revenue Service, pursuant to law, the report of a rule entitled EC–9762. A communication from the Chief Department of the Treasury, transmitting, ‘‘Medicare Program; Fee Schedule for Pay- Counsel, Bureau of the Public Debt, Depart- pursuant to law, the report of a rule entitled ment of Ambulance Services and Revisions ment of the Treasury, transmitting, pursu- ‘‘October–December 2002 Bond Factor to the Physician Certification Requirements ant to law, the report of a rule entitled ‘‘Sale Amounts’’ (Rev. Ruling 2002–72) received on for Coverage of Non emergency Ambulance and Issue of Marketable Book-Entry Treas- November 12, 2002; to the Committee on Fi- Services’’ (RIN0938–AK30); to the Committee ury Bills, Notes and Bonds; Reporting of Net nance. on Finance. Long Position and Application of the 35 Per- EC–9745. A communication from the Chief, EC–9754. A communication from the Regu- cent Limit’’ received on November 7, 2002; to Regulations Unit, Internal Revenue Service, lations Coordinator, Centers for Medicare the Committee on Finance.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.013 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11733 EC–9763. A communication from the Chief, cedures for the Analysis of Pollutants; Whole EC–9781. A communication from the Acting Regulations Branch, U.S. Customs Service, Effluent Toxicity Test Methods; Final Rule’’ Principle Deputy Associate Administrator, Department of the Treasury, transmitting, (FRL 7408–6) received on November 13, 2002; Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled to the Committee on Environment and Pub- ting , pursuant to law, the report of a rule ‘‘General Order Warehouses’’ (RIN1515–AC57) lic Works. entitled ‘‘Acquisition Regulation: Contractor received on November 7, 2002; to the Com- EC–9773. A communication from the Acting Performance Evaluation’’ (FRL 7402–8) re- mittee on Finance. Principle Deputy Associate Administrator, ceived on November 7, 2002; to the Com- EC–9764. A communication from the Com- Environmental Protection Agency, transmit- mittee on Environment and Public Works. missioner, Social Security Administration, ting , pursuant to law, the report of a rule EC–9782. A communication from the Acting transmitting, a report relative to the Yearly entitled ‘‘Revisions to the California State Principle Deputy Associate Administrator, Automatic Pay Increase of Social Security Implementation Plan, Imperial County Air Environmental Protection Agency, transmit- and Supplemental Security Income (SSI) re- Pollution Control District’’ (FRL 7395–8) re- ting , pursuant to law, the report of a rule ceived on November 7, 2002; to the Com- ceived on November 12, 2002; to the Com- entitled ‘‘Determination of Attainment of 1- mittee on Finance. mittee on Environment and Public Works. hour Ozone Standard as of November 15, 1993, EC–9765. A communication from the Assist- EC–9774. A communication from the Acting for the Birmingham, Alabama, Marginal ant Secretary, Fish and Wildlife and Parks, Principle Deputy Associate Administrator, Ozone Nonattainment Area’’ (FRL 7403–5) re- Department of the Interior, transmitting, Environmental Protection Agency, transmit- ceived on November 7, 2002; to the Com- pursuant to law, the report of a rule entitled ting , pursuant to law, the report of a rule mittee on Environment and Public Works. ‘‘Endangered and Threatened Wildlife and entitled ‘‘Approval and Promulgation of Im- EC–9783. A communication from the Prin- Plants: Final Rule to Establish Thirteen Ad- plementation Plans; Texas; Environmental ciple Deputy Associate Administrator, Envi- ditional Manatee Protection Areas in Flor- Speed Limit Revision; and Voluntary Mobile ronmental Protection Agency, transmitting, ida’’ (RIN1018–AH80) received on November 7, Emission Reduction Program commitment pursuant to law, a report entitled 2002; to the Committee on Environment and for the Houston/Galveston (HG) Ozone Non- ‘‘Implementation Guidance for Radio- Public Works. attainment Area’’ (FRL 7407–1) received No- nuclides’’ received on November 7, 2002; to EC–9766. a communication from the Deputy vember 13, 2002; to the Committee on Envi- the Committee on Environment and Public Assistant Secretary, Fish and Wildlife Serv- ronment and Public Works. Works. ice, Department of Interior, transmitting, EC–9775. A communication from the Acting EC–9784. A communication from the Prin- pursuant to law, the report of a rule entitled Principle Deputy Associate Administrator, ciple Deputy Associate Administrator, Envi- ‘‘Endangered and Threatened Wildlife and Environmental Protection Agency, transmit- ronmental Protection Agency, transmitting, Plants; Designation of Critical Habitat for ting , pursuant to law, the report of a rule pursuant to law, the report of a rule entitled Eriodictyon capitatum (Lompoc yerda santa) entitled ‘‘Approval and Promulgation of Air ‘‘National Emission Standards for Hazardous and Deinandra increases ssp. villosa (Gaviota Quality Implementation Plans, Pennsyl- Air Pollutants: Publicly Owned Treatment tarplant)’’ (RIN1018–AG88) received on No- vania; Revisions to Allegheny County Arti- Works’’ (FRL 7394–7) received on October 28, vember 7, 2002; to the Committee on Environ- cles XX and XXI’’ (FRL 7391–6) received on 2002; to the Committee on Environment and ment and Public Works. November 13, 2002; to the Committee on En- Public Works. EC–9767. A communication from the Acting vironment and Public Works. EC–9785. A communication from the Prin- EC–9776. A communication from the Acting ciple Deputy Associate Administrator, Envi- Principle Deputy Associate Administrator, Principle Deputy Associate Administrator, ronmental Protection Agency, transmitting, Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled ting , pursuant to law, the report of a docu- ting , pursuant to law, the report of a rule ‘‘Approval and Promulgation of Air Quality ment entitled ‘‘Enforcement First for Reme- entitled ‘‘Designation of Areas for Air Qual- Implementation Plans; State of Idaho; dial Action at Superfund Sites’’ received on ity Planning Purposes; Redesignation of Par- Northern Ada County Carbon Monoxide Re- November 13, 2002; to the Committee on En- ticulate Matter Unclassifiable Areas; Redes- designation to Attainment and Designation vironment and Public Works. ignation of Hydrographic Areas 61 for Partic- of Areas for Air Quality Planning Purposes’’ EC–9768. A communication from the Acting ulate Matter, Sulfer Dioxide, and Nitrogen (FRL 7398–1) received on October 28 , 2002; to Principle Deputy Associate Administrator, Dioxide; State of Nevada’’ (FRL 7408–2) re- the Committee on Environment and Public Environmental Protection Agency, transmit- ceived on November 12, 2002 ; to the Com- Works. ting , pursuant to law, the report of a rule mittee on Environment and Public Works. EC–9786. A communication from the Prin- entitled ‘‘Motor Vehicle Emissions Budgets EC–9777. A communication from the Acting ciple Deputy Associate Administrator, Envi- in Progress, Attainments and Maintenance Principle Deputy Associate Administrator, ronmental Protection Agency, transmitting, State Implementation Plans for Ozone, Car- Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled bon Monoxide and Nitrogen Dioxide, Cali- ting , pursuant to law, the report of a rule ‘‘Approval and Promulgation of Implementa- fornia’’ (FRL 7408–5) received on November entitled ‘‘Approval and Promulgation of Im- tion Plans North Carolina: Approval of Mis- 13, 2002; to the Committee on Environment plementation Plans; South Carolina; Adop- cellaneous Revisions to Regulation Within and Public Works. tion of Revision Governing Credible Evi- the North Carolina State Implementation EC–9769. A communication from the Acting dence and Removal of Standard 3’’ (FRL Plan’’ (FRL7395–5) received on October 28, Principle Deputy Associate Administrator, 7406–7) received on November 12, 2002; to the 2002; to the Committee on Environment and Environmental Protection Agency, transmit- Committee on Environment and Public Public Works. ting , pursuant to law, the report of a rule Works. EC–9787. A communication from the Prin- entitled ‘‘Approval and Promulgation of Im- EC–9778. A communication from the Acting ciple Deputy Associate Administrator, Envi- plementation Plans for Kentucky; Approval Principle Deputy Associate Administrator, ronmental Protection Agency, transmitting, of Revisions to Jefferson County Portion of Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled the Kentucky State Implementation Plan’’ ting , pursuant to law, the report of a rule ‘‘Approval and Promulgation of Implementa- (FRL7409–1) received on November 13, 2002; to entitled ‘‘Approval and Promulgation of Air tion Plans North Carolina: Approval of Mis- the Committee on Environment and Public Quality Implementation Plans; State of cellaneous Revisions to Regulations Within Works. Washington; Yakima Carbon Monoxide Re- the Forsyth County Local Implementation EC–9770. A communication from the Acting designation to Attainment and Designation Plan’’ (FRL 7395–3) received on October 28, Principle Deputy Associate Administrator, of Areas for Air Quality Planning Purposes’’ 2002; to the Committee on Environment and Environmental Protection Agency, transmit- (FRL 7267–8) received on November 7, 2002; to Public Works. ting , pursuant to law, the report of a rule the Committee on Environment and Public EC–9788. A communication from the Prin- entitled ‘‘National Emission Standard for Works. ciple Deputy Associate Administrator, Envi- Hazardous Air Pollutants: Paper and Other EC–9779. A communication from the Acting ronmental Protection Agency, transmitting, Web Coating’’ (FRL 7385–5) received on No- Principle Deputy Associate Administrator, pursuant to law, the report of a rule entitled vember 13, 2002; to the Committee on Envi- Environmental Protection Agency, transmit- ‘‘Approval and Promulgation of Implementa- ronment and Public Works. ting , pursuant to law, the report of a rule tion Plans State of North Carolina: Approval EC–9771. A communication from the Acting entitled ‘‘Approval and Promulgation of Im- of Miscellaneous Revisions to the Principle Deputy Associate Administrator, plementation Plans; State of Iowa’’ (FRL Meeklenburg County Air Pollution Control Environmental Protection Agency, transmit- 7403–7) received on November 7, 2002; to the Ordinance’’ (FRL7395–7) received on October ting , pursuant to law, the report of a rule Committee on Environment and Public 28, 2002; to the Committee on Environment entitled ‘‘Georgia: Final Authorization of Works. and Public Works. State Hazardous Waste Management Pro- EC–9780. A communication from the Acting EC–9789. A communication from the Prin- gram Revision’’ (FRL 7409–2) received on No- Principle Deputy Associate Administrator, ciple Deputy Associate Administrator, Envi- vember 13, 2002; to the Committee on Envi- Environmental Protection Agency, transmit- ronmental Protection Agency, transmitting, ronment and Public Works. ting , pursuant to law, the report of a rule pursuant to law, the report of a rule entitled EC–9772. A communication from the Acting entitled ‘‘Approval and Promulgation of Im- ‘‘Determination of Attainment of the 1 Hour Principle Deputy Associate Administrator, plementation Plans; State of Kansas’’ (FRL Ozone Standard for San Diego County, Cali- Environmental Protection Agency, transmit- 7401–4) received on November 7, 2002; to the fornia’’ (FRL 7397–5) received on October 28, ting , pursuant to law, the report of a rule Committee on Environment and Public 2002; to the Committee on Environment and entitled ‘‘Guidelines Establishing Test Pro- Works. Public Works.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.016 S20PT2 S11734 CONGRESSIONAL RECORD — SENATE November 20, 2002 EC–9790. A communication from the Prin- Studies for Approved Human Drug and Li- CFR Part 36) received on November 14, 2002; ciple Deputy Associate Administrator, Envi- censed Biological Products; Status Reports; to the Committee on Health, Education, ronmental Protection Agency, transmitting, Delay of Effective Date’’ (RIN99N–1852) re- Labor, and Pensions. pursuant to law, the report of a rule entitled ceived on November 13, 2002; to the Com- EC–9810. A communication from the Sec- ‘‘Finding of Attainment for PM20; Wallula mittee on Health, Education, Labor, and retary of Health and Human Services, trans- PM10 Nonattainment Area, Washington’’ Pensions. mitting, pursuant to law, a report entitled (FRL 7397–1) received on October 28, 2002 ; to EC–9801. A communication from the Direc- ‘‘Community Services Block Grant Program the Committee on Environment and Public tor, Regulations and Policy Management Report to Congress Fiscal Year 1999’’ re- Works. Staff, Department of Health and Human ceived on November 7, 2002; to the Com- EC–9791. A communication from the Regu- Services, transmitting, pursuant to law, the mittee on Health, Education, Labor, and lations Coordinator, Department of Health report of a rule entitled ‘‘Additional Criteria Pensions. and Human Services, transmitting, pursuant and Procedures for Classifying Over-the- EC–9811. A communication from the Attor- to law, the report of a rule entitled Counter Drugs as Generally Recognized as ney General of the United States, transmit- ‘‘Protection of Human Research Subjects’’ Safe and Effective and not Misbranded’’ ting, a report relative to deterring, detect- (RIN0925–AA14) received on October 21, 2002; (RIN0910–AA01) received on November 13, ing, and punishing unauthorized disclosures to the Committee on Health, Education, 2002; to the Committee on Health, Education, of United States national security secrets; to Labor, and Pensions. Labor, and Pensions. the Select Committee on Intelligence. EC–9792. A communication from the Regu- EC–9802. A communication from the Direc- EC–9812. A communication from the Chair- lations Officer, Department of Health and tor, Regulations and Policy Management man, Defense Nuclear Facilities Safety Human Services, transmitting, pursuant to Staff, Department of Health and Human Board, transmitting, a report relative to the law, the report of a rule entitled Services, transmitting, pursuant to law, the Federal Managers’ Financial Integrity Act ‘‘Acquisition Regulation Revision’’ received report of a rule entitled ‘‘Uniform Compli- and the status of internal audit and inves- on October 21, 2002; to the Committee on ance Date for Food Labeling Regulations’’ tigative activities; to the Committee on Health, Education, Labor, and Pensions. (Doc. No. 98N–1149) received on November 13, Governmental Affairs. EC–9793. A communication from the Regu- 2002; to the Committee on Health, Education, EC–9813. A communication from the Chair- lations Officer, Department of Health and Labor, and Pensions. man, Appraisal Subcommittee , Federal Fi- Human Services, transmitting, pursuant to EC–9803. A communication from the Direc- nancial Institutions Examination Council, law, the report of a rule entitled tor, Regulations and Policy Management transmitting, pursuant to law, a report enti- ‘‘Requirements for Facilities Transferring or Staff, Department of Health and Human tled ‘‘Financial Statements and Independent Receiving Select Agents’’ (RIN0920–AA02) re- Services, transmitting, pursuant to law, the Auditors’ Report″; to the Committee on Gov- ceived on October 21, 2002; to the Committee report of a rule entitled ‘‘Hematology and ernmental Affairs. on Health, Education, Labor, and Pensions. Pathology Devices; Reclassification; Re- EC–9814. A communication from the Sec- EC–9794. A communication from the Regu- stricted Devices; OTC Test Sample Collec- retary, American Battle Monuments Com- lations Officer, Department of Health and tion Systems for Drugs of Abuse Testing; mission, transmitting, pursuant to law, the Human Services, transmitting, pursuant to Delay of Effective Date’’ (Doc. No. 97N–0135) Annual Report of the American Battle law, the report of a rule entitled received on November 13 , 2002; to the Com- Monuments Commission; to the Committee ‘‘Compliance Alternatives for Provision of mittee on Health, Education, Labor, and on Governmental Affairs. Uncompensated Services’’ (RIN0906–AA52) re- Pensions. EC–9815. A communication from the Assist- ceived on October 21, 2002; to the Committee EC–9804. A communication from the Direc- ant Secretary for Management and Chief Fi- on Health, Education, Labor, and Pensions. tor, Regulations and Policy Management nancial Officer, Department of the Treasury, EC–9795. A communication from the Regu- Staff, Department of Health and Human transmitting, pursuant to law, the report on lations Officer, Department of Health and Services, transmitting, pursuant to law, the the Fair Act Commercial Activities Inven- Human Services, transmitting, pursuant to report of a rule entitled ‘‘Indirect Food Addi- tory for 2002; to the Committee on Govern- law, the report of a rule entitled ‘‘Head Start tives: Adhesives and Components of Coating’’ mental Affairs. Program’’ (RIN0970–AB24) received on Octo- (Doc. No. 92F–0443); to the Committee on EC–9816. A communication from the Gen- ber 21, 2002; to the Committee on Health, Health, Education, Labor, and Pensions. eral Counsel, Federal Emergency Manage- Education, Labor, and Pensions. EC–9805. A communication from the Direc- ment Agency, transmitting, pursuant to law, EC–9796. A communication from the Regu- tor, Regulations and Policy Management the report of a rule entitled ‘‘Suspension of lations Officer, Department of Health and Staff, Department of Health and Human Community Eligibility’’ [67 FR 63271] (Doc. Human Services, transmitting, pursuant to Services, transmitting, pursuant to law, the No. FEMA–7793) received on November 13, law, the report of a rule entitled ‘‘Opioid report of a rule entitled ‘‘Postmarket Sur- 2002; to the Committee on Banking, Housing, Drugs in Maintenance and Detoxification veillance’’ (Doc. No. 00N–1367) received on and Urban Affairs. Treatment of Opiate Addiction’’ (RIN0910– November 13, 2002; to the Committee on EC–9817. A communication from the Gen- AA52) received on October 22, 2002; to the Health, Education, Labor, and Pensions. eral Counsel, Federal Emergency Manage- Committee on Health, Education, Labor, and EC–9806. A communication from the Direc- ment Agency, transmitting, pursuant to law, Pensions. tor, Regulations and Policy Management the report of a rule entitled ‘‘Final Flood EC–9797. A communication from the Regu- Staff, Department of Health and Human Elevation Determination’’ [67 FR 63275] relations Officer, Department of Health and Services, transmitting, pursuant to law, the ceived on November 13, 2002; to the Com- Human Services, transmitting, pursuant to report of a rule entitled ‘‘Medical Devices; mittee on Banking, Housing, and Urban Af- law, the report of a rule entitled ‘‘Ricky Ray Reclassification and Codification of Uterine fairs. Hemophilia Relief Fund Program’’ (RIN0906– Activity Monitor’’ (Doc. No. 97P–0350); to the EC–9818. A communication from the Gen- AA56) received on October 21, 2002; to the Committee on Health, Education, Labor, and eral Counsel, Federal Emergency Manage- Committee on Health, Education, Labor, and Pensions. ment Agency, transmitting, pursuant to law, Pensions. EC–9807. A communication from the Direc- the report of a rule entitled ‘‘Final Flood EC–9798. A communication from the Direc- tor, Occupational Safety and Health Admin- Elevation Determination’’ [67 FR 63849](44 tor, Regulations and Policy Management istration, Department of Labor, transmit- CFR Part 67) received on November 13, 2002; Staff, Department of Health and Human ting the report of a rule entitled ‘‘Exit to the Committee on Banking, Housing, and Services, transmitting, pursuant to law, the Routes, Emergency Action Plans, and Fire Urban Affairs. report of a rule entitled ‘‘Listing of Color Prevention Plans’’ (RIN1218–AB82) received EC–9819. A communication from the Gen- Additives Exempt from Certification; Mica- on November 12, 2002; to the Committee on eral Counsel, Federal Emergency Manage- Based Pearlescent Pigments’’ (Doc. No. 00C– Health, Education, Labor, and Pensions. ment Agency, transmitting, pursuant to law, 1321) received on November 13, 2002; to the EC–9808. A communication from the Direc- the report of a rule entitled ‘‘Changes in Committee on Health, Education, Labor, and tor, Corporate Policy and Research Depart- Flood Elevation Determination’’ [67 FR Pensions. ment, Pension Benefit Guaranty Corpora- 63829](44 CFR part 65) received on November EC–9799. A communication from the Direc- tion, transmitting, pursuant to law, the re- 13, 2002 ; to the Committee on Banking, tor, Regulations and Policy Management port of rule entitled ‘‘Benefits Payable in Housing, and Urban Affairs. Staff, Department of Health and Human Terminated Single-Employer Plans; Alloca- EC–9820. A communication from the Gen- Services, transmitting, pursuant to law, the tion of Assets in Single-Employer Plans; In- eral Counsel, Federal Emergency Manage- report of a rule entitled ‘‘Amendment to Ex- terest Assumptions for Valuing and Paying ment Agency, transmitting, pursuant to law, amination and Investigation Sample Re- Benefits’’ received on November 13, 2002; to the report of a rule entitled ‘‘Changes in quirements’’ (Doc. No. 98N–0417) received on the Committee on Health, Education, Labor, Flood Elevation Determinations’’ [67 FR November 13, 2002; to the Committee on and Pensions. 63834](Doc. No. FEMA–P7616) received on No- Health, Education, Labor, and Pensions. EC–9809. A communication from the Acting vember 13, 2002; to the Committee on Bank- EC–9800. A communication from the Direc- Assistant General Counsel for Regulations, ing, Housing, and Urban Affairs. tor, Regulations and Policy Management Office of the General Counsel, Department of EC–9821. A communication from the Gen- Staff, Department of Health and Human Education, transmitting, pursuant to law, eral Counsel, Federal Emergency Manage- Services, transmitting, pursuant to law, the the report of rule entitled ‘‘Adjustment of ment Agency, transmitting, pursuant to law, report of a rule entitled ‘‘Postmarketing Civil Monetary Penalties for Inflation’’ (34 the report of a rule entitled ‘‘Final Flood

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.018 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11735 Elevation Determinations’’ [67 FR 63837] re- EC–9832. A communication from the Senior ceived on November 7, 2002; to the Com- ceived on November 13, 2002; to the Com- Legal Advisor to the Bureau Chief, Media mittee on Commerce, Science, and Transpor- mittee on Banking, Housing, and Urban Af- Bureau, Federal Communication Commis- tation. fairs. sion, transmitting, pursuant to law, the re- EC–9841. A communication from the Acting EC–9822. A communication from the Gen- port of a rule entitled ‘‘Amendment of Sec- Director, Office of Sustainable Fisheries, Na- eral Counsel, Federal Emergency Manage- tion 73.622(b), Table of Allotments, DTV tional Marine Fisheries, Department of Com- ment Agency, transmitting, pursuant to law, Broadcast Stations, Lufkin and Tyler, TX’’ merce, transmitting, pursuant to law, the re- the report of a rule entitled ‘‘National Flood (Doc. No. 01–244)(Doc. No. 01–245) received on port of a rule entitled ‘‘Fisheries of the Eco- Insurance Program; Group Flood Insurance November 14, 2002; to the Committee on nomic Exclusive Zone Off Alaska; Closure for Policy’’ [67 FR 61460] (RIN3067–AD31) re- Commerce, Science, and Transportation. Trawl Gear in the Gulf of Alaska’’ received ceived on November 12 , 2002; to the Com- EC–9833. A communication from the Senior on November 13, 2002; to the Committee on mittee on Banking, Housing, and Urban Af- Legal Advisor to the Bureau Chief, Media Commerce, Science, and Transportation. fairs. Bureau, Federal Communication Commis- f EC–9823. A communication from the Gen- sion, transmitting, pursuant to law, the re- eral Counsel, Federal Emergency Manage- port of a rule entitled ‘‘Amendment of Sec- PETITIONS AND MEMORIALS ment Agency, transmitting, pursuant to law, tion 73.606(b). table of Allotments, TV Broad- The following petition or memorial the report of a rule entitled ‘‘Disaster Assist- cast Station, New Iberia, LA’’ (Doc. No. 02– was laid before the Senate and was re- ance; Federal Assistance to Individuals and 153) received on November 14, 2002; to the Households’’ [67 FR 61446] (RIN3067–AD25) referred or ordered to lie on the table as Committee on Commerce, Science, and indicated: ceived on November 13, 2002; to the Com- Transportation. mittee on Banking, Housing, and Urban Af- EC–9834. A communication from the Senior POM–361. A Resolution adopted by the fairs. Legal Advisor to the Bureau Chief, Media House of the General Assembly of the State EC–9824. A communication from the Gen- Bureau, Federal Communication Commis- of North Carolina relative to a Tobacco eral Counsel, Federal Emergency Manage- sion, transmitting, pursuant to law, the re- Quota Buyout Program; to the Committee ment Agency, transmitting, pursuant to law, port of a rule entitled ‘‘Amendment of Sec- on Agriculture, Nutrition, and Forestry. the report of a rule entitled ‘‘Disaster Assist- tion 73.622(b), Table of Allotments, DTV HOUSE RESOLUTION 1786 ance; Federal Assistance to Individuals and Broadcast Stations, Topeka, KS’’ (Doc. No. Whereas, the system of growing and mar- Households; Correction’’ [67 FR 62896](RIN 02–154) received on November 14, 2002; to the keting burley and flue-cured tobacco cur- 3067–AD25) received on November 13, 2002; to Committee on Commerce, Science, and rently in place in the United States faces the Committee on Banking, Housing, and Transportation. many challenges and changes due to con- Urban Affairs. EC–9835. A communication from the Senior tracting, lawsuits, governmental regulation, EC–9825. A communication from the Assist- Legal Advisor to the Bureau Chief, Media and foreign competition; and ant General Counsel for Regulations, Office Bureau, Federal Communication Commis- Whereas, quota owners, tobacco growers, of Public and Indian Housing, Department of sion, transmitting, pursuant to law, the re- and the tobacco industry agree that a transi- Housing and Urban Development, transmit- port of a rule entitled ‘‘Amendment of Sec- tion from the current system is needed to en- ting, the report of a rule entitled ‘‘Section 8 tion 73.622(b), Table of Allotments, DTV sure continued tobacco production; and Homeownership Program: Downpayment As- Broadcast Stations, Lewisburg, WVA’’ (Doc. Whereas, a plan of transition that is fair sistance Grants and Streamlining Amend- No. 02–178) received on November 14, 2002; to and equitable to all quota owners and to- ments’’ (RIN2577–AC28) received on Novem- the Committee on Commerce, Science, and bacco growers is needed to provide stability, ber 13, 2002; to the Committee on Banking, Transportation. uniformity, and certainty for quota owners, Housing, and Urban Affairs. EC–9836. A communication from the Senior growers, and the tobacco industry; and EC–9826. A communication from the Assist- Legal Advisor to the Bureau Chief, Media Whereas, protecting family farmers and ant General Counsel for Regulations, Office minority farmers and preserving the produc- of the Secretary, Department of Housing and Bureau, Federal Communication Commis- sion, transmitting, pursuant to law, the re- tion of tobacco for economic viability in Urban Development, transmitting, the re- rural communities is an important goal of port of a rule entitled ‘‘Testimony of Em- port of a rule entitled ‘‘Amendment of Sec- tion 73.622(b), Table of Allotment, DTV the State; and ployees in Legal Proceedings’’ (RIN2501– Whereas, a buyout of the quota owners and Broadcast Stations, Wiggins, MS’’ (Doc. No. AC90) received on October 23, 2002; to the tobacco growers would provide a significant 02–152) received November 14, 2002; to the Committee on Banking, Housing, and Urban and needed economic stimulus over a period Committee on Commerce, Science, and Affairs. of time in the State of North Carolina during Transportation. EC–9827. A communication from the Assist- a time of economic distress: Now, therefore, ant General Counsel for Regulations, Office EC–9837. A communication from the Senior Legal Advisor to the Bureau Chief, Media be it of Public and Indian Housing, Department of Resolved by the House of Representatives: Housing and Urban Development, transmit- Bureau, Federal Communication Commis- Section 1. The House of Representatives ting, the report of a rule entitled sion, transmitting, pursuant to law, the re- urges the Congress of the United States and ‘‘Clarification of Eligibility of Citizens of port of a rule entitled ‘‘Amendment of Sec- the President to support and enact legisla- Freely Associated States for Housing Assist- tion 73.622(b), Table of Allotments, DTV tion that would establish a fair and equitable ance’’ (RIN2577–AC35) received on November Broadcast Stations, Montgomery, AL’’ (Doc. transition program for quota owners and to- 13, 2002; to the Committee on Banking, Hous- No. 02–132) received on November 14, 2002; to bacco growers and the tobacco industry that ing, and Urban Affairs. the Committee on Commerce, Science, and would buy out quota owners and tobacco EC–9828. A communication from the Presi- Transportation. growers. dent of the United States, transmitting, pur- EC–9838. A communication from the Senior Section 2. The Principal Clerk shall trans- suant to law, the periodic report on the na- Legal Advisor to the Bureau Chief, Media mit copies of this resolution to the President tional emergency with respect to Sudan that Bureau, Federal Communication Commis- and Vice President of the United States, to was declared in Executive Order 13067 of No- sion, transmitting, pursuant to law, the re- the Speaker of the House of Representatives, vember 3, 1997; to the Committee on Bank- port of a rule entitled ‘‘Amendment of Sec- to the Majority Leader of the Senate, and to ing, Housing, and Urban Affairs. tion 73.622(b), Table of Allotments, DTV each Senator and Representative from North EC–9829. A communication from the Presi- Broadcast Stations, Des Moines, IA’’ (Doc. Carolina in the Congress of the United dent of the United States, transmitting, pur- No. 02–130) received on November 14, 2002; to States. suant to law, a report continuing the na- the Committee on Commerce, Science, and Section 3. This resolution is effective upon tional emergency with respect to Sudan Transportation. adoption. EC–9839. A communication from the Acting (Executive Order 13067); to the Committee on f Banking, Housing, and Urban Affairs. Director, Office of Sustainable Fisheries, Na- EC–9830. A communication from the Vice tional Marine Fisheries, Department of Com- REPORTS OF COMMITTEES Chairman, Export-Import Bank, transmit- merce, transmitting, pursuant to law, the re- The following reports of committees ting, pursuant to law, a report relative to port of a rule entitled ‘‘Fisheries Off West were submitted: transactions involving U.S. exports to Coast States and in the Western Pacific; Pa- Kenya; to the Committee on Banking, Hous- cific Coast Groundfish Fishery; Inseason trip By Mr. HOLLINGS, from the Committee ing, and Urban Affairs. limit adjustments’’ (I.D. 092602B) received on on Commerce, Science, and Transportation, EC–9831. A communication from the Direc- November 7, 2002; to the Committee on Com- without amendment: S. 2945: To authorize appropriations for tor, Financial Crimes Enforcement Network, merce, Science, and Transportation. Financial Crimes Enforcement Network, De- EC–9840. A communication from the Acting nanoscience, nanoengineering, and partment of the Treasury, transmitting, pur- Director, Office of Sustainable Fisheries, Na- nanotechnology research, and for other pursuant to law, the report of a rule entitled tional Marine Fisheries, Department of Com- poses. (Rept. No. 107–350). ‘‘Financial Crimes Enforcement Network; merce, transmitting, pursuant to law, the re- f Anti-Money Laundering Programs for Finan- port of a rule entitled ‘‘Fisheries off the Ex- NOMINATION DISCHARGED cial Institutions’’ (RIN1506–AA28) received clusive Economic Zone Off Alaska-Closes on November 7, 2002; to the Committee on Offshore Component of Pacific Cod in the The following nomination was dis- Banking, Housing, and Urban Affairs. Central Regulatory Area, Gulf of Alaska’’ re- charged from the Committee on Rules

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.019 S20PT2 S11736 CONGRESSIONAL RECORD — SENATE November 20, 2002 and Administration pursuant to the By Mr. LOTT: S. 12. A bill to amend the Peace order of November 20, 2002: S. Res. 364. A resolution to commend the Corps Act to promote global accept- exemplary leadership of the Majority Lead- GOVERNMENT PRINTING OFFICE ance of the principles of international er; considered and agreed to. Bruce R. James, of Nevada, to be Public By Mr. CHAFEE (for himself and Mr. peace and nonviolent coexistence Printer. DODD): among peoples of divers cultures and f S. Res. 365. A resolution congratulating the systems of government; considered and INTRODUCTION OF BILLS AND people of Brazil on the completion of peace- passed. ful, free, and fair elections in Brazil and the JOINT RESOLUTIONS S. 12 election of President da Silva; considered Be it enacted by the Senate and House of Rep- The following bills and joint resolu- and agreed to. resentatives of the United States of America in tions were introduced, read the first By Mr. NELSON of Florida (for him- Congress assembled, MITH and second times by unanimous con- self, Mr. S of Oregon, Mrs. SECTION 1. SHORT TITLE. sent, and referred as indicated: CLINTON, Mr. HELMS, Mr. FEINGOLD, This Act may be cited as the ‘‘Peace Corps Mrs. FEINSTEIN, Mr. ROCKEFELLER, By Mr. DODD: Charter for the 21st Century Act’’. Mr. VOINOVICH, Mr. HATCH, Mr. S. 12. A bill to amend the Peace Corps Act SEC. 2. FINDINGS. SCHUMER, and Ms. LANDRIEU): to promote global acceptance of the prin- Congress makes the following findings: S. Res. 366. A resolution urging the Gov- ciples of international peace and nonviolent (1) The Peace Corps was established in 1961 ernment of Egypt and other Arab govern- coexistence among peoples of diverse cul- to promote world peace and friendship ments not to allow their government-con- tures and systems of government; considered through the service of American volunteers trolled television stations to broadcast any and passed. abroad. program that lends legitimacy to the Proto- By Mr. SARBANES (for himself, Mr. (2) The three goals codified in the Peace cols of the Elders of Zion, and for other pur- BOND, and Ms. MIKULSKI): Corps Act which have guided the Peace Corps poses; considered and agreed to. S. 13. A bill to extend authorization for the and its volunteers over the years, can work By Mr. HATCH (for himself and Mr. national flood insurance program; considered in concert to promote global acceptance of BARKLEY): and passed. the principles of international peace and By Mr. THURMOND (for himself, Mr. S. Res. 367. A resolution recognizing the community services of Archie Edwards Blues nonviolent coexistence among peoples of di- HELMS, Mr. HOLLINGS, Mr. MILLER, verse cultures and systems of government. Mr. WARNER, and Mr. ALLEN): Heritage Foundation, designating the fortnight beginning November 29, 2002, as the (3) The Peace Corps has operated in 135 S. 14. A bill to amend the Agricultural Ad- countries with 165,000 Peace Corps volunteers justment Act of 1938 to extend the farm re- ‘‘Blues Heritage Appreciation Fortnight’’, and designating Friday, November 29, 2002, since its establishment. constitution provision to the 2003 and 2004 (4) The Peace Corps has sought to fulfill crops; considered and passed. as ‘‘Blues Friday’’; considered and agreed to. three goals, as follows: to help people in de- By Mr. KERRY (for himself, Mr. FRIST, By Mr. LEAHY (for himself, Mr. DODD, veloping nations meet basic needs, to pro- Mr. BIDEN, and Mr. LEVIN): Mr. SPECTER, and Mrs. FEINSTEIN): S. 15. A bill to amend the Foreign Assist- S. Res. 368. A resolution expressing the mote understanding of America’s values and ance Act of 1961 to increase assistance for Sense of the Senate concerning the decline ideals abroad, and to promote an under- foreign countries seriously affected by HIV/ of world coffee prices and its impact on de- standing of other peoples by Americans. AIDS, tuberculosis, and malaria, and for veloping nations; considered and agreed to. (5) After more than 40 years of operation, other purposes; to the Committee on Foreign By Mr. DASCHLE: the Peace Corps remains the world’s premier Relations. S. Con. Res. 160. A concurrent resolution international service organization dedicated By Mr. ROCKEFELLER (for himself, providing for the sine die adjournment of the to promoting grassroots development. Mr. GRASSLEY, Mr. CHAFEE, Mr. One Hundred Seventh Congress, Second Ses- (6) The Peace Corps remains committed to KENNEDY, Mrs. CLINTON, Mr. BAYH, sion; considered and agreed to. sending well trained and well supported Peace Corps volunteers overseas to promote Mrs. HUTCHISON, and Mr. BAUCUS): f S. 3180. A bill to amend title XXI of the So- peace, friendship, and international under- cial Security Act to extend the availability ADDITIONAL COSPONSORS standing. (7) The Peace Corps is an independent of allotments for fiscal years 1998 through S. 2039 2001 under the State Children’s Health Insur- agency, and therefore no Peace Corps per- ance Program (SCHIP); to the Committee on At the request of Mr. DURBIN, the sonnel or volunteers should be used to ac- Finance. name of the Senator from South Caro- complish any other goal than the goals es- By Mr. LEAHY (for himself and Ms. lina (Mr. HOLLINGS) was added as a co- tablished by the Peace Corps Act. LANDRIEU): sponsor of S. 2039 , a bill to expand (8) The Crisis Corps has been an effective S. 3181. A bill to amend the Consolidated aviation capacity in the Chicago area. tool in harnessing the skills and talents for Farm and Rural Development Act to ensure S. 2577 returned Peace Corps volunteers and should that the interest rate for direct loans paid by be expanded to utilize to the maximum ex- At the request of Mr. GRASSLEY, his low income, limited resource borrowers is tent the talent pool of returned Peace Corps less than the interest rate for direct loans name was added as a cosponsor of S. volunteers. paid by other borrowers under the Act; to 2577, a bill to repeal the sunset of the (9) The Peace Corps is currently operating the Committee on Agriculture, Nutrition, Economic Growth and Tax Relief Rec- with an annual budget of $275,000,000 in 70 and Forestry. onciliation Act of 2001 with respect to countries with 7,000 Peace Corps volunteers. f the exclusion from Federal income tax (10) There is deep misunderstanding and misinformation about American values and SUBMISSION OF CONCURRENT AND for restitution received by victims of the Nazi Regime. ideals in many parts of the world, particu- SENATE RESOLUTIONS larly those with substantial Muslim popu- S. 2945 The following concurrent resolutions lations, and a greater Peace Corps presence At the request of Mr. LEVIN, his name and Senate resolutions were read, and in such places could foster greater under- was added as a cosponsor of S. 2945, To referred (or acted upon), as indicated: standing and tolerance. authorize appropriations for nano- (11) Congress has declared that the Peace By Mr. DASCHLE (for himself and Mr. science, nanoengineering, and nano- Corps should be expanded to sponsor a min- LOTT): imum of 10,000 Peace Corps volunteers. S. Res. 361. A resolution tendering thanks technology research, and for other pur- (12) President George W. Bush has called of the Senate to the Vice President for the poses. for the doubling of the number of Peace courteous, dignified, and impartial manner S. 3018 in which he has presided over the delibera- Corps volunteers in service. At the request of Mr. BAUCUS, the (13) Any expansion of the Peace Corps shall tions of the Senate; considered and agreed name of the Senator from Maryland to. not jeopardize the quality of the Peace Corps (Ms. MIKULSKI) was added as a cospon- By Mr. DASCHLE (for himself and Mr. volunteer experience, and therefore can only be accomplished by an appropriate increase LOTT): sor of S. 3018, a bill to amend title S. Res. 362. A resolution tendering the XVIII of the Social Security Act to en- in field and headquarters support staff. thanks of the Senate to the President pro hance beneficiary access to quality (14) In order to ensure that proposed expan- tempore for the courteous, dignified, and im- health care services under the medi- sion of the Peace Corps preserves the integ- partial manner in which he has presided over care program, and for other purposes. rity of the program and the security of vol- the deliberations of the Senate; considered unteers, the integrated Planning and Budget and agreed to. f System supported by the Office of Planning By Mr. DASCHLE: STATEMENTS ON INTRODUCED and Policy Analysis should continue its S. Res. 363. A resolution to commend the BILLS AND JOINT RESOLUTIONS focus on strategic planning. exemplary leadership of the Republican (15) A streamlined, bipartisan National Leader; considered and agreed to. By Mr. DODD: Peace Corps Advisory Council composed of

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.014 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11737 distinguished returned Peace Corps volun- ‘‘(4) describing standard security proce- unteers in the areas of education, preven- teers and other individuals, with diverse dures for any country in which the Peace tion, and treatment of infectious diseases in backgrounds and expertise, can be a source Corps operates programs or is considering order to ensure that all Peace Corps volun- of ideas and suggestions that may be useful doing so, as well as any special security pro- teers make a contribution to the global cam- to the Director of the Peace Corps as he dis- cedures contemplated because of changed paign against such diseases. charges his duties and responsibilities as circumstances in specific countries, and as- (b) DEFINITIONS.—In this section: head of the agency. sessing whether security conditions would be (1) AIDS.—The term ‘‘AIDS’’ means the ac- SEC. 3. DEFINITIONS. enhanced— quired immune deficiency syndrome. In this Act: ‘‘(A) by colocating volunteers with inter- (2) HIV.—The term ‘‘HIV’’ means the (1) APPROPRIATE CONGRESSIONAL COMMIT- national or local nongovernmental organiza- human immunodeficiency virus, the patho- TEES.—The term ‘‘appropriate congressional tions; or gen that causes AIDS. committees’’ means the Committee on For- ‘‘(B) with the placement of multiple volun- (3) HIV/AIDS.—The term ‘‘HIV/AIDS’’ eign Relations of the Senate and the Com- teers in one location. means, with respect to an individual, an in- mittee on International Relations of the ‘‘(b) CONSULTATIONS ON NEW INITIATIVES.— dividual who is infected with HIV or living House of Representatives. The Director of the Peace Corps should con- with AIDS. (2) DIRECTOR.—The term ‘‘Director’’ means sult with the appropriate congressional com- (4) INFECTIOUS DISEASES.—The term the Director of the Peace Corps. mittees with respect to any major new ini- ‘‘infectious diseases’’ means HIV/AIDS, tu- (3) PEACE CORPS VOLUNTEER.—The term tiatives not previously discussed in the lat- berculosis, and malaria. ‘‘Peace Corps volunteer’’ means a volunteer est annual report submitted to Congress SEC. 8. PEACE CORPS ADVISORY COUNCIL. or a volunteer leader under the Peace Corps under subsection (a) or in budget presen- Section 12 of the Peace Corps Act (22 Act. tations. Wherever possible, such consulta- U.S.C. 2511; relating to the Peace Corps Na- (4) RETURNED PEACE CORPS VOLUNTEER.— tions should take place prior to the initi- tional Advisory Council) is amended— The term ‘‘returned Peace Corps volunteer’’ ation of such initiatives, but in any event as (1) by amending subsection (b)(2)(D) to means a person who has been certified by the soon as practicable thereafter.’’. read as follows: Director as having served satisfactorily as a (b) ONE TIME REPORT ON STUDENT LOAN ‘‘(D) make recommendations for utilizing Peace Corps volunteer. FORGIVENESS PROGRAMS.—Not later than 30 the expertise of returned Peace Corps volun- SEC. 4. RESTATEMENT OF INDEPENDENCE OF days after the date of enactment of this Act, teers in fulfilling the goals of the Peace THE PEACE CORPS. the Director shall submit to the appropriate Corps.’’; (a) IN GENERAL.—Section 2A of the Peace congressional committees a report— (2) in subsection (c)— Corps Act (22 U.S.C. 2501–1) is amended by (1) describing the student loan forgiveness (A) in paragraph (2)(A)— adding at the end the following new sen- programs currently available to Peace Corps (i) in the first sentence, by striking tence: ‘‘As an independent agency, all re- volunteers upon completion of their service; ‘‘fifteen’’ and inserting ‘‘seven’’; and cruiting of volunteers shall be undertaken and (ii) by striking the second sentence and in- primarily by the Peace Corps.’’. (2) comparing such programs with other serting the following: ‘‘Four of the members (b) DETAILS AND ASSIGNMENTS.—Section Government-sponsored student loan forgive- 5(g) of the Peace Corps Act (22 U.S.C. 2504(g)) shall be former Peace Corps volunteers, at ness programs; and least one of whom shall have been a former is amended by inserting after ‘‘Provided, (3) recommending any additional student That’’ the following: ‘‘such detail or assign- staff member abroad or in the Washington loan forgiveness programs which could at- headquarters, and not more than four shall ment does not contradict the standing of tract more applicants from more low and Peace Corps volunteers as being independent: be members of the same political party.’’; middle income applicants facing high stu- (B) by amending subparagraph (D) to read Provided further, That’’. dent loan obligations. SEC. 5. REPORTS AND CONSULTATIONS. as follows: SEC. 6. SPECIAL VOLUNTEER RECRUITMENT AND (a) ANNUAL REPORTS; CONSULTATIONS ON ‘‘(D) The members of the Council shall be PLACEMENT FOR COUNTRIES appointed to 2-year terms.’’; NEW INITIATIVES.—Section 11 of the Peace WHOSE GOVERNMENTS ARE SEEK- Corps Act (22 U.S.C. 2510) is amended by ING TO FOSTER GREATER UNDER- (C) by striking subparagraphs (B) and (H); striking the section heading and the text of STANDING BETWEEN THEIR CITI- and section 11 and inserting the following: ZENS AND THE UNITED STATES. (D) by redesignating subparagraphs (C), ‘‘SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON (a) REPORT.—Not later than 60 days after (D), (E), (F), (G), and (I) as subparagraphs NEW INITIATIVES. the date of enactment of this Act, the Direc- (B), (C), (D), (E), (F), and (G), respectively; ‘‘(a) ANNUAL REPORTS.—The Director shall tor shall submit a report to the appropriate (3) by amending subsection (g) to read as transmit to Congress, at least once in each congressional committees describing the ini- follows: fiscal year, a report on operations under this tiatives that the Peace Corps intends to pur- ‘‘(g) CHAIR.—The President shall designate Act. Each report shall contain information— sue with eligible countries where the pres- one of the voting members of the Council as ‘‘(1) describing efforts undertaken to im- ence of Peace Corps volunteers would facili- Chair, who shall serve in that capacity for a prove coordination of activities of the Peace tate a greater understanding that there ex- period not to exceed two years.’’; Corps with activities of international vol- ists a universe of commonly shared human (4) by amending subsection (h) to read as untary service organizations, such as the values and aspirations. Such report shall in- follows: United Nations volunteer program, and of clude— ‘‘(h) MEETINGS.—The Council shall hold a host country voluntary service organiza- (1) a description of the recruitment strate- regular meeting during each calendar quar- tions, including— gies to be employed by the Peace Corps to re- ter at a date and time to be determined by ‘‘(A) a description of the purpose and scope cruit and train volunteers with the appro- the Chair of the Council.’’; and of any development project which the Peace priate language skills and interest in serving (5) by amending subsection (i) to read as Corps undertook during the preceding fiscal in such countries; and follows: year as a joint venture with any such inter- (2) a list of the countries that the Director ‘‘(i) REPORT.—Not later than July 30, 2003, national or host country voluntary service has determined should be priorities for spe- and annually thereafter, the Council shall organizations; and cial recruitment and placement of Peace submit a report to the President and the Di- ‘‘(B) recommendations for improving co- Corps volunteers. rector of the Peace Corps describing how the ordination of development projects between (b) USE OF RETURNED PEACE CORPS VOLUN- Council has carried out its functions under the Peace Corps and any such international TEERS.—Notwithstanding any other provi- subsection (b)(2).’’. or host country voluntary service organiza- sion of law, the Director is authorized and SEC. 9. READJUSTMENT ALLOWANCES. tions; strongly urged to utilize the services of re- The Peace Corps Act is amended— ‘‘(2) describing— turned Peace Corps volunteers having lan- (1) in section 5(c) (22 U.S.C. 2504(c)), by ‘‘(A) any major new initiatives that the guage and cultural expertise, including those striking ‘‘$125’’ and inserting ‘‘$275’’; and Peace Corps has under review for the upcom- returned Peace Corps volunteers who may (2) in section 6(1) (22 U.S.C. 2505(1)), by ing fiscal year, and any major initiatives have served previously in countries with sub- striking ‘‘$125’’ and inserting ‘‘$275’’. that were undertaken in the previous fiscal stantial Muslim populations, in order to SEC. 10. PROGRAMS AND PROJECTS OF RE- year that were not included in prior reports open or reopen Peace Corps programs in such TURNED PEACE CORPS VOLUN- to the Congress; countries. TEERS TO PROMOTE THE GOALS OF ‘‘(B) the rationale for undertaking such SEC. 7. GLOBAL INFECTIOUS DISEASES INITIA- THE PEACE CORPS. new initiatives; TIVE. (a) PURPOSE.—The purpose of this section ‘‘(C) an estimate of the cost of such initia- (a) IN GENERAL.—The Director, in coopera- is to provide support for returned Peace tives; and tion with international public health experts Corps volunteers to develop and carry out ‘‘(D) the impact on the safety of volun- such as the Centers for Disease Control and programs and projects to promote the third teers; Prevention, the National Institutes of purpose of the Peace Corps Act, as set forth ‘‘(3) describing in detail the Peace Corp’s Health, the World Health Organization, the in section 2(a) of that Act (22 U.S.C. 2501(a)), plans for doubling the number of volunteers Pan American Health Organization, and by promoting a better understanding of from 2002 levels, including a five-year budget local public health officials shall develop a other peoples on the part of the American plan for reaching that goal; and program of training for all Peace Corps vol- people.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.035 S20PT2 S11738 CONGRESSIONAL RECORD — SENATE November 20, 2002 (b) GRANTS TO CERTAIN NONPROFIT COR- (1) shall take into consideration the need S. 3180. A bill to amend title XXI of PORATIONS.— to minimize overhead costs that direct re- the Social Security Act to extend the (1) GRANT AUTHORITY.—To carry out the sources from the funding of programs and availability of allotments for fiscal purpose of this section, and subject to the projects; and years 1998 through 2001 under the State availability of appropriations, the Chief Ex- (2) shall seek to ensure a broad geo- Children’s Health Insurance Program ecutive Officer of the Corporation for Na- graphical distribution of grants for programs tional and Community Service (referred to and projects under this section. (SCHIP); to the Committee on Finance. in this section as the ‘‘Corporation’’) shall (f) CONGRESSIONAL OVERSIGHT.—Grant re- Mr. ROCKEFELLER. Mr. President, I award grants on a competitive basis to pri- cipients under this section shall be subject rise today to introduce a bill that will vate nonprofit corporations for the purpose to the appropriate oversight procedures of improve and protect health insurance of enabling returned Peace Corps volunteers Congress. for out Nation’s children. Earlier this to use their knowledge and expertise to de- (g) FUNDING.— year, I worked in a bipartisan manner velop and carry out the programs and (1) IN GENERAL.—There is authorized to be to develop a comprehensive proposal projects described in subsection (a). appropriated to carry out this section based on the basic and fundamental (2) PROGRAMS AND PROJECTS.—Such pro- $10,000,000. Such sum shall be in addition to philosophy that no child should go grams and projects may include— funds made available to the Corporation (A) educational programs designed to en- under Federal law other than this section. without needed health care. I was rich the knowledge and interest of elemen- (2) AVAILABILITY.—Amounts appropriated pleased at that time to be joined by my tary school and secondary school students in pursuant to paragraph (1) are authorized to good friends Senator CHAFEE, Senator the geography and cultures of other coun- remain available until expended. KENNEDY, and Senator HATCH to intro- tries where the volunteers have served; SEC. 11. AUTHORIZATION OF APPROPRIATIONS. duce the Children’s Health Insurance (B) projects that involve partnerships with Section 3(b)(1) of the Peace Corps Act (22 Improvement and Protection Act of local libraries to enhance community knowl- U.S.C. 2502(b)(1)) is amended— 2002. edge about other peoples and countries; and (1) by striking ‘‘2002, and’’ and inserting Unfortunately, no action has been (C) audio-visual projects that utilize mate- ‘‘2002,’’; and taken on that proposal and I am left rials collected by the volunteers during their (2) by inserting before the period the fol- worrying that we will end the 107th ses- service that would be of educational value to lowing: ‘‘, $362,000,000 for fiscal year 2004, sion of Congress having forgotten our communities. $404,000,000 for fiscal year 2005, $446,000,000 for children. Therefore, I am introducing a (3) ELIGIBILITY FOR GRANTS.—To be eligible fiscal year 2006, and $488,000,000 for fiscal proposal that will at least protect the to compete for grants under this section, a year 2007’’. Children’s Health Insurance Program nonprofit corporation shall have a board of New bill to provide a Peace Corps Charter directors composed of returned Peace Corps for the 21st Century introduced by Senator for the next 2 years. volunteers with a background in community Dodd: The Children’s Health Insurance Pro- service, education, or health. The nonprofit This bill is identical to S. 2667 which gram, CHIP, has been an unqualified corporation shall meet all appropriate Cor- passed the Senate on October 16, 2002 except success. Last year, 4.6 million children poration management requirements, as de- in section 11 where the President’s author- were enrolled in CHIP and the percent- termined by the Corporation. izing requested numbers are substituted for age of children without health insur- (c) GRANT REQUIREMENTS.—Such grants the higher numbers included in S. 2667. shall be made pursuant to a grant agreement ance has declined in recent years. In my State of West Virginia, the CHIP between the Corporation and the nonprofit By Mr. SARBANES (for himself, corporation that requires that— program provides health coverage to (1) the grant funds will only be used to sup- Mr. BOND, and Ms. MIKULSKI): over 20,000 children. Health insurance port programs and projects described in sub- S. 13. A bill to extend authorization coverage is key to assuring children’s section (a) pursuant to proposals submitted for the national flood insurance pro- access to appropriate and adequate by returned Peace Corps volunteers (either gram; considered and passed. health care, including preventive serv- individually or cooperatively with other re- S. 13 ices. Research demonstrates that unin- turned volunteers); Be it enacted by the Senate and House of Rep- (2) the nonprofit corporation will give con- sured children are more likely to lack resentatives of the United States of America in a usual source of care, to go without sideration to funding individual programs or Congress assembled, projects by returned Peace Corps volunteers, needed care, and to experience worse in amounts of not more than $100,000, under SECTION 1. AUTHORIZATION FOR THE NATIONAL health outcomes than children with FLOOD INSURANCE PROGRAM. this section; The National Flood Insurance Act of 1968 coverage. Uninsured children who are (3) not more than 20 percent of the grant (42 U.S.C. 4001 et seq.) is amended— injured are 30 percent less likely than funds made available to the nonprofit cor- (1) in section 1309(a)(2) (42 U.S.C. 4016(a)(2)), insured children to receive medical poration will be used for the salaries, over- by striking ‘‘December 31, 2002’’ and insert- treatment and three times more likely head, or other administrative expenses of the ing ‘‘December 31, 2003’’; not to get a needed prescription. nonprofit corporation; (2) in section 1319 (42 U.S.C. 4026), by strik- However, the continued success of (4) the nonprofit corporation will not re- ing ‘‘December 31, 2002’’ and inserting ceive grant funds for programs or projects the CHIP program is now in serious ‘‘December 31, 2003’’; under this section for a third or subsequent jeopardy. On September 30 of this year $1.2 billion in unspent CHIP funds was year unless the nonprofit corporation makes By Mr. THURMOND (for himself, available, to carry out the programs or sent back to the General Treasury. In projects during that year, non-Federal con- Mr. HELMS, Mr. HOLLINGS, Mr. addition, some $1.5 billion of these tributions— MILLER, Mr. WARNER, and Mr. funds are projected to revert back to (A) in an amount not less than $2 for every ALLEN): the Treasury next September 30. If we $3 of Federal funds provided through the S. 14. A bill to amend the Agricul- do not act to protect this money for grant; and tural Adjustment Act of 1938 to extend children and send money to the States (B) provided directly or through donations the farm reconstitution provision to from private entities, in cash or in kind, fair- that can use it, we will have failed our the 2003 and 2004 crops; considered and children. A 2-year fix is only a first ly evaluated, including plant, equipment, or passed. services; and step. There is more that we need to do. (5) the nonprofit corporation shall manage, S. 14 The Bush administration projects that monitor, and submit reports to the Corpora- Be it enacted by the Senate and House of Rep- 900,000 children will lose their health tion on each program or project for which resentatives of the United States of America in coverage between fiscal years 2003 and the nonprofit corporation receives a grant Congress assembled, 2006, if Congress does not take appro- under this section. SECTION 1. FARM RECONSTITUTIONS. priate action. This is because even as (d) STATUS OF THE FUND.—Nothing in this Section 316(a)(1)(A)(ii) of the Agricultural State enrollment and spending rapidly section shall be construed to make any non- Adjustment Act of 1938 (7 U.S.C. profit corporation supported under this sec- 1314b(a)(1)(A)(ii)) is amended in the last sen- increases, Federal CHIP funding tion an agency or establishment of the Fed- tence by striking ‘‘2002 crop’’ and inserting dropped by more than $1 billion this eral Government or to make the members of ‘‘2002, 2003, and 2004 crops’’. year and will be reduced in each of the the board of directors or any officer or em- next 2 years. Known as the ‘‘CHIP ployee of such nonprofit corporation an offi- By Mr. ROCKEFELLER (for him- Dip,’’ this reduction has no underlying cer or employee of the United States. self, Mr. GRASSLEY, Mr. health policy justification; it was sole- (e) FACTORS IN AWARDING GRANTS.—In determining the number of nonprofit corpora- CHAFEE, Mr. KENNEDY, Mrs. ly the result of the budget com- tions to receive grants under this section for CLINTON, Mr. BAYH, Mrs. promises we had to make when enact- any fiscal year, the Corporation— HUTCHISON, and Mr. BAUCUS): ing the balance budget deal in 1997.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.035 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11739 As a result, a number of States will (iii) by adding at the end the following new such fiscal year), multiplied by the ratio of have insufficient Federal funding to subclause: the amount specified in subparagraph (D)(ii) sustain their enrollment and they will ‘‘(III) the fiscal year 2000 allotment, the for the State to the amount specified in sub- have no choice but to scale back or amount specified in subparagraph (C)(i) (less paragraph (D)(iii).’’; the total of the amounts under clause (ii) for (D) in subparagraph (A)(ii), by striking ‘‘or limit their CHIP programs. As enroll- such fiscal year), multiplied by the ratio of 2000’’ and inserting ‘‘2000, or 2001’’; ment is cut, the number of uninsured the amount specified in subparagraph (C)(ii) (E) in subparagraph (B)— children will increase, and as a con- for the State to the amount specified in sub- (i) by striking ‘‘and’’ at the end of clause sequence, sick children will get sicker. paragraph (C)(iii).’’; (ii); The biggest problem that will result (D) in subparagraph (A)(ii), by striking ‘‘or (ii) by redesignating clause (iii) as clause from enrollment cuts in the CHIP pro- 1999’’ and inserting ‘‘, 1999, or 2000’’; (iv); and gram are the future health problems of (E) in subparagraph (B), by striking ‘‘with (iii) by inserting after clause (ii) the fol- adults who as children could have re- respect to fiscal year 1998 or 1999’’; lowing new clause: (F) in subparagraph (B)(ii)— ‘‘(iii) notwithstanding subsection (e), with ceived benefits under CHIP. (i) by inserting ‘‘with respect to fiscal year The bill I am introducing today is respect to fiscal year 2001, shall remain 1998, 1999, or 2000,’’ after ‘‘subsection (e),’’; available for expenditure by the State only a first step that we must take this and through the end of fiscal year 2005; and’’; and year. We need a comprehensive and (ii) by striking ‘‘2002’’ and inserting ‘‘2004’’; (F) by adding at the end the following new reasonable approach to shore up CHIP and subparagraph: financing in order to avert the dev- (G) by adding at the end the following new ‘‘(D) AMOUNTS USED IN COMPUTING REDIS- astating enrollment decline and make subparagraph: TRIBUTIONS FOR FISCAL YEAR 2001.—For pur- sure that our children are protected ‘‘(C) AMOUNTS USED IN COMPUTING REDIS- poses of subparagraph (A)(i)(IV)— TRIBUTIONS FOR FISCAL YEAR 2000.—For pur- into the future. We need to put more ‘‘(i) the amount specified in this clause is poses of subparagraph (A)(i)(III)— the amount specified in paragraph (2)(B)(i)(I) money into this program. However, ‘‘(i) the amount specified in this clause is this legislation will protect $1.2 billion for fiscal year 2001, less the total amount re- the amount specified in paragraph (2)(B)(i)(I) maining available pursuant to paragraph that should be spent on children’s for fiscal year 2000, less the total amount re- (2)(A)(iv); health insurance from being spent on maining available pursuant to paragraph ‘‘(ii) the amount specified in this clause for roads and will put money in states that (2)(A)(iii); a State is the amount by which the State’s can use it now to cover kids. It is the ‘‘(ii) the amount specified in this clause for expenditures under this title in fiscal years least we can do. a State is the amount by which the State’s 2001, 2002, and 2003 exceed the State’s allot- I urge Congress to enact this legisla- expenditures under this title in fiscal years ment for fiscal year 2001 under subsection 2000, 2001, and 2002 exceed the State’s allot- (b); and tion and ensure the continued success ment for fiscal year 2000 under subsection of the CHIP program and sustain the ‘‘(iii) the amount specified in this clause is (b); and the sum, for all States entitled to a redis- significant progress CHIP has made in ‘‘(iii) the amount specified in this clause is tribution under subparagraph (A) from the the sum, for all States entitled to a redis- reducing the ranks of uninsured chil- allotments for fiscal year 2001, of the tribution under subparagraph (A) from the dren. I ask unanimous consent that the amounts specified in clause (ii).’’. allotments for fiscal year 2000, of the text of the bill be printed in the (3) CONFORMING AMENDMENTS.—Such sec- amounts specified in clause (ii).’’. RECORD. tion 2104(g) is further amended— (3) CONFORMING AMENDMENTS.—Such sec- There being no objection, the bill was (A) in its heading, by striking ‘‘AND 2000’’ tion 2104(g) is further amended— and inserting ‘‘2000, AND 2001’’; and ordered to be printed in the RECORD, as (A) in its heading, by striking ‘‘AND 1999’’ (B) in paragraph (3)— follows: and inserting ‘‘, 1999, AND 2000’’; and (i) by striking ‘‘or fiscal year 2000’’ and in- S. 3180 (B) in paragraph (3)— serting ‘‘fiscal year 2000, or fiscal year 2001’’; Be it enacted by the Senate and House of Rep- (i) by striking ‘‘or fiscal year 1999’’ and in- and resentatives of the United States of America in serting ‘‘, fiscal year 1999, or fiscal year (ii) by striking ‘‘or November 30, 2002,’’ and Congress assembled, 2000’’; and (ii) by striking ‘‘or November 30, 2001’’ and inserting ‘‘November 30, 2002, or November SECTION 1. EXTENDING AVAILABILITY OF SCHIP 30, 2003,’’, respectively. ALLOTMENTS FOR FISCAL YEARS inserting ‘‘November 30, 2001, or November (d) EFFECTIVE DATE.—This section, and the 1998 THROUGH 2001. 30, 2002’’, respectively. amendments made by this section, shall be (a) RETAINED AND REDISTRIBUTED ALLOT- (c) EXTENSION AND REVISION OF RETAINED effective as if this section had been enacted MENTS FOR FISCAL YEARS 1998 AND 1999.— AND REDISTRIBUTED ALLOTMENTS FOR FISCAL on September 30, 2002, and amounts under Paragraphs (2)(A)(i) and (2)(A)(ii) of section YEAR 2001.— title XXI of the Social Security Act (42 (1) PERMITTING AND EXTENDING RETENTION 2104(g) of the Social Security Act (42 U.S.C. U.S.C. 1397aa et seq.) from allotments for fis- OF PORTION OF FISCAL YEAR 2001 ALLOTMENT.— 1397dd(g)) are each amended by striking cal years 1998 through 2000 are available for Paragraph (2) of such section 2104(g), as ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year expenditure on and after October 1, 2002, amended in subsection (b)(1)(B), is further 2004’’. under the amendments made by this section (b) EXTENSION AND REVISION OF RETAINED amended— as if this section had been enacted on Sep- AND REDISTRIBUTED ALLOTMENTS FOR FISCAL (A) in the heading, by striking ‘‘2000’’ and tember 30, 2002. YEAR 2000.— inserting ‘‘2001’’; and (1) PERMITTING AND EXTENDING RETENTION (B) by adding at the end of subparagraph f OF PORTION OF FISCAL YEAR 2000 ALLOTMENT.— (A) the following: SUBMITTED RESOLUTIONS Paragraph (2) of such section 2104(g) is ‘‘(iv) FISCAL YEAR 2001 ALLOTMENT.—Of the amended— amounts allotted to a State pursuant to this (A) in the heading, by striking ‘‘AND 1999’’ section for fiscal year 2001 that were not ex- SENATE RESOLUTION 361—TEN- and inserting ‘‘THROUGH 2000’’; and pended by the State by the end of fiscal year DERING THANKS OF THE SEN- (B) by adding at the end of subparagraph 2003, 50 percent of that amount shall remain ATE TO THE VICE PRESIDENT (A) the following: available for expenditure by the State ‘‘(iii) FISCAL YEAR 2000 ALLOTMENT.—Of the through the end of fiscal year 2005.’’. FOR THE COURTEOUS, DIG- amounts allotted to a State pursuant to this (2) REDISTRIBUTED ALLOTMENTS.—Para- NIFIED, AND IMPARTIAL MAN- section for fiscal year 2000 that were not ex- graph (1) of such section 2104(g), as amended NER IN WHICH HE HAS PRE- pended by the State by the end of fiscal year in subsection (b)(2), is further amended— SIDED OVER THE DELIBERA- 2002, 50 percent of that amount shall remain (A) in subparagraph (A), by inserting ‘‘or TIONS OF THE SENATE available for expenditure by the State for fiscal year 2001 by the end of fiscal year Mr. DASCHLE (for himself and Mr. through the end of fiscal year 2004.’’. 2003,’’ after ‘‘fiscal year 2002,’’; OTT (2) REDISTRIBUTED ALLOTMENTS.—Para- (B) in subparagraph (A), by striking ‘‘1999, L ) submitted the following resolu- graph (1) of such section 2104(g) is amended— or 2000’’ and inserting ‘‘1999, 2000, or 2001’’; tion; which was considered and agreed (A) in subparagraph (A), by inserting ‘‘or (C) in subparagraph (A)(i)— to: for fiscal year 2000 by the end of fiscal year (i) by striking ‘‘or’’ at the end of subclause S. RES. 361 2002,’’ after ‘‘fiscal year 2001,’’; (II), Resolved, That the thanks of the Senate are (B) in subparagraph (A), by striking ‘‘1998 (ii) by striking the period at the end of hereby tendered to the Honorable Richard B. or 1999’’ and inserting ‘‘1998, 1999, or 2000’’; subclause (III) and inserting ‘‘; or’’; and Cheney, Vice President of the United States (C) in subparagraph (A)(i)— (iii) by adding at the end the following new and President of the Senate, for the cour- (i) by striking ‘‘or’’ at the end of subclause subclause: teous, dignified, and impartial manner in (I), ‘‘(IV) the fiscal year 2001 allotment, the which he has presided over its deliberations (ii) by striking the period at the end of amount specified in subparagraph (D)(i) (less during the second session of the One Hundred subclause (II) and inserting ‘‘; or’’; and the total of the amounts under clause (ii) for Seventh Congress.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.021 S20PT2 S11740 CONGRESSIONAL RECORD — SENATE November 20, 2002 SENATE RESOLUTION 362—TEN- Whereas Brazil utilized a new nationwide (3) endorses President Bush’s invitation of DERING THE THANKS OF THE computerized voting system, which enabled President-elect da Silva to Washington, Dis- SENATE TO THE PRESIDENT PRO the tallying of approximately 100,000,000 trict of Columbia, which will result in a TEMPORE FOR THE COURTEOUS, votes in less than 10 hours, including votes meeting between the two leaders on Decem- cast in areas that are accessible only by boat ber 10, 2002; DIGNIFIED, AND IMPARTIAL or plane; (4) urges President Bush and President- MANNER IN WHICH HE HAS PRE- Whereas Brazil has a population of elect da Silva to pursue policies on eco- SIDED OVER THE DELIBERA- 174,500,000, making it the eighth most popu- nomic, security, drug enforcement, and other TIONS OF THE SENATE lous nation in the world and the most popu- matters of mutual interest to Brazil and the lous nation in Latin America; Mr. DASCHLE (for himself and Mr. United States that will continue to strength- Whereas Brazil’s diversified economy is the en the relationship between the people and LOTT) submitted the following resolu- eighth largest in the world, and Brazil’s governments of the two countries; and tion; which was considered and agreed gross domestic product, which was (5) pledges the Senate’s continued support to: $540,000,000,000 in 2001, is the largest in Latin for a strong and friendly economic, political, S. RES. 362 America; and cultural relationship between the United Whereas Brazil plays a critical regional States and Brazil based on shared values. Resolved, That the thanks of the Senate are leadership role in Latin America within the hereby tendered to the Honorable Robert C. Organization of American States, the Inter- SENATE RESOLUTION 366—URGING Byrd, President pro tempore of the Senate, American Treaty of Reciprocal Assistance for the courteous, dignified, and impartial (commonly known as the ‘‘Rio Treaty’’), the THE GOVERNMENT OF EGYPT manner in which he has presided over its de- Latin American Integration Association, and AND OTHER ARAB GOVERN- liberations during the second session of the Mercosur/Mercosul (Southern Common Mar- MENTS NOT TO ALLOW THEIR One Hundred Seventh Congress. ket), and is one of the guarantors of the GOVERNMENT-CONTROLLED TEL- Peru-Ecuador peace process; EVISION STATIONS TO BROAD- SENATE RESOLUTION 363—TO COM- Whereas Brazil has been a member of the CAST ANY PROGRAM THAT MAND THE EXEMPLARY LEAD- United Nations Security Council four times, LENDS LEGITIMACY TO THE ERSHIP OF THE REPUBLICAN most recently from 1998 through 2000, has contributed troops to several United Nations PROTOCOLS OF THE ELDERS OF LEADER peacekeeping missions, and is an active par- ZION, AND FOR OTHER PUR- Mr. DASCHLE submitted the fol- ticipant in international cooperation and POSES lowing resolution; which was consid- commerce as a party to numerous inter- Mr. NELSON of Florida (for himself, national treaties and conventions; ered and agreed to: Mr. SMITH of Oregon, Mrs. CLINTON, Mr. Whereas the economic relationship be- S. RES. 363 tween Brazil and the United States is sub- HELMS, Mr. FEINGOLD, Mrs. FEINSTEIN, Resolved, That the thanks of the Senate are stantial and growing, with United States di- Mr. ROCKEFELLER, Mr. VOINOVICH, Mr. hereby tendered to the distinguished Repub- rect foreign investment increasing from less HATCH, Mr. SCHUMER, and Ms. lican Leader, the Senator from Mississippi, than $19,000,000,000 in 1994 to an estimated LANDRIEU) submitted the following res- the Honorable Trent Lott, for his exemplary $35,000,000,000 in 2000, United States exports olution; which was considered and leadership and the cooperative and dedicated to Brazil increasing from $8,100,000,000 in 1994 agreed to: manner in which he has performed his lead- to $15,900,000,000 in 2001, and United States S. RES. 366 ership responsibilities in the conduct of Sen- imports from Brazil increasing from ate business during the second session of the $8,700,000,000 in 1994 to $14,500,000,000 in 2001; Whereas in November 2002, a number of 107th Congress. Whereas Brazil will play a critical role in government-controlled television stations in the continuing negotiations related to the Egypt began broadcasting a multi-part se- creation of a Free Trade Area of the Amer- ries, ‘‘Horseman Without a Horse’’, based on SENATE RESOLUTION 364—TO COM- icas, which the United States and Brazil will the Protocols of the Elders of Zion and con- MEND THE EXEMPLARY LEAD- co-chair during the next two years; spiracy myths about Jewish global domina- ERSHIP OF THE MAJORITY Whereas the United States and Brazil have tion; LEADER a long history of friendly relations beginning Whereas the Protocols of the Elders of Zion are a notorious forgery, written by Rus- Mr. LOTT submitted the following when the United States became the first country to recognize Brazil’s independence sian anti-Semites in the early 20th century, resolution; which was considered and in 1822; which purport to reveal a plot for Jewish agreed to: Whereas Brazil led the parties to the Inter- domination of the world; S. RES. 364 American Treaty of Reciprocal Assistance in Whereas the Protocols of the Elders of Resolved, That the thanks of the Senate are stating on September 11, 2001, that the at- Zion have been a staple of anti-Semitic and hereby tendered to the distinguished Major- tacks on the United States on that date were anti-Israel propaganda for decades and have ity Leader, the Senator from South Dakota, attacks on all American States; long since been discredited by all reputable the Honorable Thomas A. Daschle, for his ex- Whereas there are an estimated 50,000 scholars; emplary leadership and the cooperative and United States citizens residing in Brazil, and Whereas the broadcast of this series takes dedicated manner in which he has performed some 150,000 United States citizens visit place in the context of a sustained pattern of his leadership responsibilities in the conduct Brazil each year; vitriolic anti-Semitic commentary and de- of Senate business during the second session Whereas the United States and Brazil have pictions in the Egyptian government-spon- of the 107th Congress. entered into many agreements together, in- sored press, which has gone unanswered by cluding the Education Partnership Agree- the Government of Egypt; and ment, the Technical Safeguards Agreement, Whereas the Department of State has SENATE RESOLUTION 365—CON- the Common Agenda on the Environment, urged Egypt and other Arab states not to GRATULATING THE PEOPLE OF and agreements to cooperate in matters re- broadcast this program, saying ‘‘We don’t BRAZIL ON THE COMPLETION OF lating to energy, the international space sta- think government TV stations should be PEACEFUL, FREE, AND FAIR tion, national parks, and government re- broadcasting programs that we consider rac- ELECTIONS IN BRAZIL AND THE form; and ist and untrue’’: Now, therefore, be it ELECTION OF PRESIDENT DA Whereas cooperation between the United Resolved, That the Senate— (1) condemns any publication or program SILVA States and Brazil on several counter-narcotics efforts, including the United States that lends legitimacy to the Protocols of the Mr. CHAFEE (for himself and Mr. training of Brazilian counter-narcotics Elders of Zion; DODD) submitted the following resolu- agents and Operation Cobra in northern (2) believes the use of such heinous propa- tion; which was considered and agreed Brazil, has increased significantly in recent ganda, especially in the Arab world, serves to: years: Now, therefore, be it to incite popular sentiment against Jewish Resolved, That the Senate— people and the State of Israel rather than S. RES. 365 (1) congratulates the people of Brazil on promoting religious tolerance and preparing Whereas, in October 2002, the people of successfully completing peaceful, free, and Arab populations for the prospect of peace Brazil completed peaceful, free, and fair elec- fair elections on October 6, 2002, and October with Israel; tions of a President and other officials of 22, 2002; (3) commends the Department of State for their country; (2) congratulates President-elect Luiz its denunciation of the ‘‘Horseman Without a Whereas Luiz Inacio ‘‘Lula’’ da Silva, can- Inacio ‘‘Lula’’ da Silva on his electoral vic- Horse’’ television series and its efforts to dis- didate of Brazil’s Worker’s Party, was elect- tory and welcomes him as a democratic part- courage Arab states from broadcasting it; ed President of Brazil on October 27, 2002, re- ner in the numerous bilateral and multilat- and ceiving 52,793,364 votes, representing 61.27 eral efforts to which the United States and (4) urges the Government of Egypt and percent of the votes cast; Brazil are parties; other Arab governments—

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.030 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11741 (A) not to allow their government-con- ket and has recently reached its lowest level States Government to find a solution to the trolled television stations to broadcast this in a century; crisis which is economically, socially, and program or any other racist and untrue ma- Whereas the collapse of coffee prices has environmentally sustainable for all inter- terial; and resulted in a widespread humanitarian crisis ested parties, and that will address the fun- (B) to speak out against such incitement for 25,000,000 coffee growers and for more damental problem of oversupply in the world by vigorously and publicly condemning anti- than 50 developing countries where coffee is coffee market. Semitism as a form of bigotry. a critical source of rural employment and foreign exchange earnings; SENATE CONCURRENT RESOLU- SENATE RESOLUTION 367—RECOG- Whereas, according to a recent World Bank report, 600,000 permanent and temporary cof- TION 160—PROVIDING FOR THE NIZING THE COMMUNITY SERV- fee workers in Central America have been SINE DIE ADJOURNMENT OF THE ICES OF ARCHIE EDWARDS left unemployed in the last two years; ONE HUNDRED SEVENTH CON- BLUES HERITAGE FOUNDATION, Whereas the World Bank has referred to GRESS, SECOND SESSION DESIGNATING THE FORTNIGHT the coffee crisis as ‘‘the silent Mitch’’, equat- Mr. DASCHLE submitted the fol- BEGINNING NOVEMBER 29, 2002, ing the impact of record-low coffee prices upon Central American countries with the lowing concurrent resolution; which AS THE ‘‘BLUES HERITAGE AP- was considered and agreed to: PRECIATION FORTNIGHT’’, AND damage done to such countries by Hurricane Mitch in 1998; S. CON. RES. 160 DESIGNATING FRIDAY, NOVEM- Whereas 6 of 14 immigrants who died in the Resolved by the Senate (the House of Rep- BER 29, 2002, AS ‘‘BLUES FRIDAY’’ Arizona desert in May 2001 were small coffee resentatives concurring), That when the Sen- Mr. HATCH (for himself and Mr. farmers from Veracruz, Mexico; ate adjourns at the close of business on any Whereas The Washington Post, The New BARKLEY) submitted the following res- day from Wednesday, November 20, 2002 olution; which was considered and York Times, and The Wall Street Journal re- through Saturday, November 23, 2002, or port that cultivation of illicit crops such as agreed to: from Monday, November 25, 2002 through coca and opium poppy is increasing in tradi- Wednesday, November 27, 2002, or on a mo- S. RES. 367 tional coffee-growing countries, such as Co- tion offered pursuant to this concurrent res- Whereas Mr. Archie Edwards was a tal- lombia and Peru, which have been adversely olution by its Majority Leader, or his des- ented musician who devoted his life to play- affected by low international coffee prices; ignee, it stand adjourned sine die, or until ing the blues and inspiring others to learn Whereas the economies of some of the Members are notified to reassemble pursuant and appreciate music; poorest countries in the world, particularly to section 2 of this concurrent resolution, Whereas Mr. Archie Edwards was a self- those in Africa, are highly dependent on whichever occurs first; and that when the taught musician whose music was acclaimed trade in coffee; House of Representatives adjourns on any throughout the United States, Canada, and Whereas coffee accounts for approximately legislative day through the remainder of the Europe; 80 percent of export revenues for Burundi, 54 second session of the One Hundred Seventh Whereas Mr. Archie Edwards, for 40 years, percent of export revenues for Ethiopia, 34 Congress on a motion offered pursuant to provided a haven in the District of Columbia percent of export revenues for Uganda, and this concurrent resolution by its Majority for all those who loved the blues to play, lis- 31 percent of export revenues for Rwanda; Leader or his designee, it stand adjourned ten, and socialize; Whereas, according to the Oxfam Inter- sine die, or until Members are notified to re- Whereas the Archie Edwards Blues Herit- national Report ‘‘Mugged: Poverty in your assemble pursuant to section 2 of this con- age Foundation is a nonprofit organization Coffee Cup’’, in the Dak Lak province of current resolution, whichever occurs first. dedicated to preserving Mr. Edwards’ mem- Vietnam, one of the lowest-cost coffee pro- SEC. 2. The Majority Leader of the Senate ory and extending the positive influence of ducers in the world, the price farmers receive and the Speaker of the House, or their re- his music in the Washington, D.C. commu- for their product covers as little as 60 perspective designees, acting jointly after con- nity; cent of their costs of production; sultation with the Minority Leader of the Whereas the Archie Edwards Blues Herit- Whereas on February 1, 2002, the Inter- Senate and the Minority Leader of the age Foundation is committed to carrying on national Coffee Organization (ICO) passed House, shall notify the Members of the Sen- Mr. Edwards’ legacy by maintaining an open Resolution 407, which calls on exporting ate and the House, respectively, to reassem- forum for people in the community to meet, member countries to observe minimum ble at such place and time as they may des- learn, and share the music he loved; standards for exportable coffee and to pro- ignate whenever, in their opinion, the public Whereas the Archie Edwards Blues Herit- vide for the issuance of ICO certificates of interest shall warrant it. origin according to those standards and also age Foundation supports and expands com- f munity outreach programs that provide en- calls on importing member countries to tertainment and promote the blues to citi- ‘‘make their best endeavors to support the AMENDMENTS SUBMITTED AND zens in nursing homes, schools, hospitals, objectives of the programme’’; PROPOSED Whereas both the Speciality Coffee Asso- and other venues; and ciation of America (SCAA) and the National SA 4979. Mr. REID (for Mr. BIDEN (for him- Whereas the Archie Edwards Blues Herit- Coffee Association (NCA) support ICO Reso- self and Mr. SPECTER)) proposed an amend- age Foundation recognizes the importance lution 407 and have publicly advocated for ment to the bill S. 3079, to authorize the that the blues has played in our country’s the United States to rejoin the International issuance of immigrant visas to, and the ad- heritage and has preserved and promoted the Coffee Organization; mission to the United States for permanent blues as a unique American art form: Now, Whereas the United States Agency for residence of, certain scientists, engineers, therefore, be it International Development (USAID) has al- and technicians who have worked in Iraqi Resolved, That the Senate— ready established coffee sector assistance weapons of mass destruction programs. (1) recognizes the community services of programs for Colombia, Bolivia, the Domini- SA 4980. Mr. REID (for Mr. INOUYE (for the Archie Edwards Blues Heritage Founda- can Republic, East Timor, El Salvador, Ethi- himself and Mr. CAMPBELL)) proposed an tion; opia, Guatemala, Haiti, Honduras, Nica- amendment to the bill S. 2711, to reauthorize (2) recognizes the importance of blues in ragua, Panama, Peru, Rwanda, Tanzania, and improve programs relating to Native the history of American culture; and Uganda; and Americans. (3) designates the fortnight beginning No- Whereas House Report 107–663, highlights SA 4981. Mr. REID (for Mr. INOUYE) pro- vember 29, 2002, as the ‘‘Blues Heritage Ap- the coffee price crisis as a global issue and posed an amendment to amendment SA 4980 preciation Fortnight’’; and ‘‘urges USAID to focus its rural development proposed by Mr. REID (for Mr. INOUYE (for (4) designates Friday, November 29, 2002, as and relief programs on regions severely af- himself and Mr. CAMPBELL)) to the bill S. ‘‘Blues Friday’’. fected by the coffee crisis, especially in Co- 2711, supra. lombia’’: Now, therefore, be it SA 4982. Mr. REID (for Mr. KERRY (for him- SENATE RESOLUTION 368—EX- Resolved, That— self and Mr. HOLLINGS)) proposed an amend- PRESSING THE SENSE OF THE (1) it is the sense of the Senate that— ment to the bill H.R. 1989, to reauthorize var- SENATE CONCERNING THE DE- (A) the United States should adopt a global ious fishing conservation management pro- strategy to respond to the coffee crisis with grams, and for other purposes. CLINE OF WORLD COFFEE coordinated activities in Latin America, Af- SA 4983. Mr. REID (for Mr. KERRY) pro- PRICES AND ITS IMPACT ON DE- rica, and Asia to address the short-term hu- posed an amendment to the bill H.R. 1989, VELOPING NATIONS manitarian needs and long-term rural devel- supra. Mr. LEAHY (for himself, Mr. DODD, opment needs of counties adversely affected SA 4984. Mr. REID (for Mr. BINGAMAN) proposed an amendment to the bill H.R. 1606, to Mr. SPECTER, and Mrs. FEINSTEIN) sub- by the collapse of coffee prices; and amend section 507 of the Omnibus Parks and mitted the following resolution; which (B) the President should explore measures to support and complement multilateral ef- Public Lands Management Act of 1996 to au- was considered and agreed to: forts to respond to the global coffee crisis; thorize additional appropriations for histori- S. RES. 368 and cally black colleges and universities, to de- Whereas since 1997 the price of coffee has (2) the Senate urges private sector coffee crease the matching requirement related to declined nearly 70 percent on the world mar- buyers and roasters to work with the United such appropriations, and for other purposes.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.033 S20PT2 S11742 CONGRESSIONAL RECORD — SENATE November 20, 2002 TEXT OF AMENDMENTS admitted to the United States or otherwise ing given the term in section 1403(1) of the granted status as a nonimmigrant under sec- Defense Against Weapons of Mass Destruc- SA. 4979. Mr. REID (for Mr. BIDEN tion 101(a)(15)(W), the nonimmigrant— tion Act of 1996 (title XIV of Public Law 104– (for himself and Mr. SPECTER)) pro- ‘‘(A) shall report to the Attorney General 201; 110 Stat. 2727; 50 U.S.C. 2302(1)), as posed an amendment to the bill S. 3079, such information concerning the alien’s amended by subsection (b). to authorize the issuance of immigrant whereabouts and activities as the Attorney (b) TECHNICAL CORRECTION.—Section visas to, and the admission to the General may require; 1403(1)(B) of the Defense against Weapons of United States for permanent residence ‘‘(B) may not be convicted of any criminal Mass Destruction Act of 1996 (title XIV of offense punishable by a term of imprison- Public Law 104–201; 110 Stat. 2717; 50 U.S.C. of, certain scientists, engineers, and ment of 1 year or more after the date of such technicians who have worked in Iraqi 2302(1)(B)) is amended by striking ‘‘a disease admission or grant of status; organism’’ and inserting ‘‘a biological agent, weapons of mass destruction programs; ‘‘(C) must have executed a form that toxin, or vector (as those terms are defined as follows: waives the nonimmigrant’s right to contest, in section 178 of title 18, United States Strike all after the enacting clause and in- other than on the basis of an application for Code)’’. sert the following: withholding of removal or for protection under the Convention Against Torture, any SECTION 1. SHORT TITLE. SA 4980. Mr. REID (for Mr. INOUYE This Act may be cited as the ‘‘Iraqi Sci- action for removal of the alien instituted before the alien obtains lawful permanent resi- (for himself and Mr. CAMPBELL)) pro- entists Immigration Act of 2002’’. dent status; posed an amendment to the bill S. 2711, SEC. 2. ADMISSION OF CRITICAL ALIENS. ‘‘(D) shall cooperate fully with all requests to reauthorize and improve programs (a) Section 101(a)(15) of the Immigration for information from the United States Gov- relating to Native Americans; as fol- and Nationality Act, 8 U.S.C. 1101(a)(15), is ernment including, but not limited to, fully lows: amended— and truthfully disclosing to the United (1) by striking ‘‘or’’ at the end of subpara- Strike all after the enacting clause and in- States Government all information in the sert the following: graph (U); alien’s possession concerning any Iraqi pro- (2) by striking the period at the end of sub- gram to produce weapons of mass destruc- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. paragraph (V) and inserting ‘‘; or’’; and tion or the means to deliver them; and (a) SHORT TITLE.—This Act may be cited as (3) by adding a new subparagraph (W), ‘‘(E) shall abide by any other condition, the ‘‘Native American Omnibus Act of 2002’’. reading: limitation, or restriction imposed by the At- (b) TABLE OF CONTENTS.—The table of con- ‘‘(W) Subject to section 214(s), an alien— torney General.’’. tents of this Act is as follows: ‘‘(i) who the Attorney General determines, (c) Section 245 of the Immigration and Na- TITLE I—ECONOMIC DEVELOPMENT in coordination with the Secretary of State, tionality Act, 8 U.S.C. 1255, is amended by— the Director of Central Intelligence and such (I) In subsection (c) striking ‘‘or’’ before Sec. 1001. Short title. other officials as he may deem appropriate, ‘‘(8)’’ and inserting before the period, ‘‘or (9) Sec. 1002. Findings and purpose. Sec. 1003. Amendments to Indian Financing and in the Attorney General’s unreviewable an alien who was admitted as a non- Act. discretion, is an individual— immigrant described in section ‘‘(I) who has worked at any time in an 101(a)(15)(W)’’; TITLE II—LAND SETTLEMENT Iraqi program to produce weapons of mass (2) Redesignating subsection (l), related to PROVISIONS destruction or the means to deliver them; ‘‘U’’ visa nonimmigrants, as subjection (m); Subtitle A—T’uf Shur Bien Preservation ‘‘(II) who is in possession of critical and re- and Trust Area liable information concerning any such Iraqi (3) Adding a new subsection (n) reading: program; ‘‘(n) Adjustment to permanent resident Sec. 2101. Short title. Sec. 2102. Findings and purposes. ‘‘(III) who is willing to provide, or has pro- status of ‘‘W’’ nonimmigrants. vided, such information to the United States ‘‘(1) If, in the opinion of the Attorney Gen- Sec. 2103. Definitions. Government; eral, a nonimmigrant admitted into the Sec. 2104. T’uf Shur Bien Preservation Trust ‘‘(IV) who may be willing to provide, or has United States (or otherwise provided non- Area. provided, such information to inspectors of immigrant status) under section Sec. 2105. Pueblo rights and interests in the the United Nations or of the International 101(a)(15)(W)(i) has complied with section Area. Atomic Energy Agency; 214(s) since such admission or grant of sta- Sec. 2106. Limitations on Pueblo rights and ‘‘(V) who will be or has been placed in dan- tus, the Attorney General may, in coordina- interests in the Area. ger as a result of providing such information; tion with the Secretary of State and the Di- Sec. 2107. Management of the Area. and rector of Central Intelligence, and in his Sec. 2108. Jurisdiction over the Area. ‘‘(VI) whose admission would be in the pub- unreviewable discretion, adjust the status of Sec. 2109. Subdivisions and other property lic interest or in the interest of national se- the alien (and any alien who has accom- interests. Sec. 2110. Extinguishment of claims. curity; or panied or followed to join such alien pursu- Sec. 2111. Construction. ‘‘(ii) who is the spouse, married or unmar- ant to section 101(a)(15)(W)(ii) and who has Sec. 2112. Judicial review. ried son or daughter, parent, or other rel- complied with section 214(s) since admission Sec. 2113. Provisions relating to contribu- ative, as determined by the Attorney Gen- or grant of nonimmigrant status) to that of tions and land exchange. eral in his unreviewable discretion, of an an alien lawfully admitted for permanent Sec. 2114. Authorization of appropriations. alien described in clause (i), if accompanying residence if the alien is not described in sec- Sec. 2115. Effective date. or following to join such alien, and whose ad- tion 212(a)(3)(E). mission the Attorney General, in coordina- ‘‘(2) Upon the approval of adjustment of Subtitle B—Pueblo de Cochiti Settlement tion with the Secretary of State and the Di- status of any alien under paragraph (1), the Sec. 2201. Modification of Pueblo de Cochiti rector of Central Intelligence, determines in Attorney General shall record the alien’s settlement. his unreviewable discretion is in the public lawful admission for permanent residence as TITLE III—WATER SETTLEMENTS AND interest or in the interest of national secu- of the date of such approval and the Sec- WATER-RELATED PROVISIONS rity.’’ retary of State shall reduce by one the num- Subtitle A—Zuni Heaven Restoration Water (b) Section 214 of the Immigration and Na- ber of visas authorized to be issued under Rights Settlement tionality Act, 8 U.S.C. 1184, is amended by— sections 201(d) and 203(b)(4) for the fiscal (1) redesignating subsections second (m) year then current.’’. Sec. 3101. Short title. (as added by section 105 of Public Law 106– (d) Section 212(d) of the Immigration and Sec. 3102. Findings and purposes. 313), (n) (as added by section 107(e) of Public Nationality Act, 8 U.S.C. 1182(d), is amended Sec. 3103. Definitions. Law 106–386, (o) (as added by section 1513(c) by inserting a new paragraph (d)(2) reading: Sec. 3104. Authorization, ratifications, and of Public Law 106–386), second (o) (as added ‘‘(2) The Attorney General shall determine confirmations. by section 1102(b) of the Legal Immigration whether a ground of inadmissibility exists Sec. 3105. Trust lands. Family Equity Act), and (p) (as added by sec- with respect to a nonimmigrant described in Sec. 3106. Development fund. tion 1503(b) of the Legal Immigration Family section 101(a)(15)(W). The Attorney General, Sec. 3107. Claims extinguishment; waivers Equity Act), as subsections (n), (o), (p), (q), in the Attorney General’s discretion, may and releases. and (r), respectively; and waive the application of subsection (a) in the Sec. 3108. Miscellaneous provisions. (2) adding a new subsection (s) reading: case of such nonimmigrant if the Attorney Sec. 3109. Effective date for waiver and re- ‘‘(s) Numerical limitations and conditions General considers it to be in the public inter- lease authorizations. of admission and stay for nonimmigrants ad- est or in the interest of national security.’’. Subtitle B—Quinault Indian Nation (e) Section 248(1) of Immigration and Na- mitted under section 101(a)(15)(W). Sec. 3201. Quinault Indian Nation water fea- ‘‘(1) The number of aliens who may be ad- tionality Act, 8 U.S.C. 1258(1), is amended by sibility study. mitted to the United States or otherwise striking ‘‘or (S)’’ and inserting ‘‘(S), or (W)’’. granted status under section 101(a)(15)(W)(i) SEC. 3. WEAPON OF MASS DESTRUCTION DE- Subtitle C—Santee Sioux Tribe of Nebraska may not exceed a total of 500. FINED. Rural Water System Feasibility Study ‘‘(2) As a condition for the admission, and (a) IN GENERAL.—In this Act, the term Sec. 3301. Study; report. continued stay in lawful status, of any alien ‘‘weapon of mass destruction’’ has the mean- Sec. 3302. Authorization of appropriations.

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0655 E:\CR\FM\A20NO6.071 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11743 TITLE IV—LAND PROVISIONS Sec. 7002. Waiver of repayment of expert as- loans guaranteed or insured by the Secretary Subtitle A—Agreement To Affirm Boundary sistance loans to the Oglala of the Interior; and Between Pubelo of Santa Clara and Pueblo Sioux Tribe. (B) to expand the number of lenders origi- of San ildefonso Aboriginal Land Within Sec. 7003. Waiver of repayment of expert as- nating loans under the Indian Financing Act Garcia Canyon Tract sistance loans to the Seminole of 1974 (25 U.S.C. 1451 et seq.). Tribe of Oklahoma. Sec. 4101. Definitions. (b) PURPOSE.—The purpose of this title is Sec. 4102. Trust for the Pueblo of Santa TITLE VIII—HEALTH-RELATED to reform and clarify the Indian Financing Clara, New Mexico. PROVISIONS Act of 1974 (25 U.S.C. 1451 et seq.) in order Sec. 4103. Trust for the Pueblo of San Sec. 8001. Rural health care facility, Fort to— Ildefonso, New Mexico. Berthold Indian Reservation, (1) stimulate the use by lenders of sec- Sec. 4104. Survey and legal descriptions. North Dakota. ondary market investors for loans guaran- Sec. 4105. Administration of trust land. Sec. 8002. Health care funding allocation, teed or insured under a program adminis- Sec. 4106. Effect. Eagle Butte Service Unit. tered by the Secretary of the Interior; Subtitle B—Additional Land Provisions Sec. 8003. Indian health demonstration (2) preserve the authority of the Secretary project. to administer the program and regulate lend- Sec. 4201. Indian Land Consolidation Act Sec. 8004. Alaska treatment centers and fa- ers; amendments. cilities. (3) clarify that a good faith investor in Sec. 4202. Mississippi Band of Choctaw Indi- loans insured or guaranteed by the Secretary ans. TITLE IX—REAUTHORIZATION OF Sec. 4203. Removal of restrictions on Ute NATIVE AMERICAN PROGRAMS will receive appropriate payments; Tribe of the Uintah and Ouray Sec. 9001. Bosque Redondo Memorial Act. (4) provide for the appointment by the Sec- reservation land. Sec. 9002. Navajo-Hopi Land Settlement Cct retary of a qualified fiscal transfer agent to Sec. 4204. Reservation land of the Cow Creek of 1974. establish and administer a system for the or- Band of Umpqua Tribe of Indi- Sec. 9003. Indian Health Care Improvement derly transfer of those loans; and ans. Act. (5)(A) authorize the Secretary to promul- Sec. 4205. Disposition of fee land of the Sem- Sec. 9004. Indian Alcohol and Substance gate regulations to encourage and expand a inole Tribe of Florida. Abuse Prevention and Treat- secondary market program for loans guaran- Sec. 4206. Disposition of fee land of the ment Act of 1986. teed or insured by the Secretary; and Shakopee Mdewakanton Sioux Sec. 9005. Indian Child Protection and Fam- (B) allow the pooling of those loans as the Community. ily Violence Prevention Act. secondary market develops. Sec. 4207. Facilitation of construction of Sec. 9006. Native Hawaiian Health Care Im- SEC. 1003. AMENDMENTS TO INDIAN FINANCING pipeline to provide water for provement Act. ACT. Sec. 9007. Four Corners Interpretive Center emergency fire suppression and (a) LIMITATION ON LOAN AMOUNTS WITHOUT Act. other purposes. PRIOR APPROVAL.—Section 204 of the Indian Sec. 9008. Environmental dispute resolution Sec. 4208. Agreement with Dry Prairie Rural Financing Act of 1974 (25 U.S.C. 1484) is fund. Water Association, Incor- amended in the last sentence by striking porated. TITLE X—MISCELLANEOUS PROVISIONS ‘‘$100,000’’ and inserting ‘‘$250,000’’. TITLE V—LEASING PROVISIONS Subtitle A—Cultural Provisions (b) SALE OR ASSIGNMENT OF LOANS AND UN- Sec. 5001. Authorization of 99-year leases for Sec. 10101. Oklahoma Native American Cul- DERLYING SECURITY.—Section 205 of the In- Confederated Tribes of the tural Center and Museum. dian Financing Act of 1974 (25 U.S.C. 1485) is Umatilla Indian Reservation. Sec. 10102. Rehabilitation of Celilo Indian amended— Sec. 5002. Authorization of 99-year leases for Village. (1) by striking ‘‘Any loan guaranteed’’ and Yurok Tribe and Hopland Band Sec. 10103. Conveyance of Native Alaskan inserting the following: objects. of Pomo Indians. ‘‘(a) IN GENERAL.—Any loan guaranteed or Sec. 5003. Lease of tribally-owned land by Subtitle B—Self-Determination Provisions insured’’; and Assiniboine and Sioux Tribes of Sec. 10201. Indian Self-Determination Act (2) by adding at the end the following: the Fort Peck Reservation. amendments. ‘‘(b) INITIAL TRANSFERS.— Sec. 5004. Leases of restricted land. Subtitle C—Indian Arts and Crafts ‘‘(1) IN GENERAL.—The lender of a loan TITLE VI—JUDGMENT FUND Sec. 10301. Indian Arts and Crafts Act guaranteed or insured under this title may DISTRIBUTION amendments. transfer to any individual or legal entity— Subtitle A—Gila River Indian Community Subtitle D—Certification of Rental Proceeds ‘‘(A) all rights and obligations of the lend- Judgment Fund Distribution er in the loan or in the unguaranteed or un- Sec. 10401. Certification of rental proceeds. Sec. 6001. Short title. insured portion of the loan; and TITLE I—ECONOMIC DEVELOPMENT Sec. 6002. Findings. ‘‘(B) any security given for the loan. Sec. 6003. Definitions. SEC. 1001. SHORT TITLE. ‘‘(2) ADDITIONAL REQUIREMENTS.—With re- This title may be cited as the ‘‘Indian Fi- spect to a transfer described in paragraph CHAPTER 1—GILA RIVER JUDGMENT FUND nancing Amendments Act of 2002’’. (1)— DISTRIBUTION SEC. 1002. FINDINGS AND PURPOSE. ‘‘(A) the transfer shall be consistent with Sec. 6101. Distribution of judgment funds. such regulations as the Secretary shall pro- Sec. 6102. Responsibility of Secretary; appli- (a) FINDINGS.—Congress finds that— mulgate under subsection (i); and cable law. (1) the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.) was intended to provide ‘‘(B) the lender shall give notice of the CHAPTER 2—CONDITIONS RELATING TO Native American borrowers with access to transfer to the Secretary. COMMUNITY JUDGMENT FUND PLANS commercial sources of capital that otherwise ‘‘(3) RESPONSIBILITIES OF TRANSFEREE.—On Sec. 6111. Plan for use and distribution of would not be available through the guar- any transfer under paragraph (1), the trans- judgment funds awarded in antee or insurance of loans by the Secretary feree shall— Docket No. 228. of the Interior; ‘‘(A) be deemed to be the lender for the Sec. 6112. Plan for use and distribution of (2) although the Secretary of the Interior purpose of this title; judgment funds awarded in has made loan guarantees and insurance ‘‘(B) become the secured party of record; Docket No. 236–N. available, use of those guarantees and that and CHAPTER 3—EXPERT ASSISTANCE LOANS insurance by lenders to benefit Native Amer- ‘‘(C) be responsible for— Sec. 6121. Waiver of repayment of expert as- ican business borrowers has been limited; ‘‘(i) performing the duties of the lender; sistance loans to Gila River In- (3) 27 years after the date of enactment of and dian Community. the Indian Financing Act of 1974 (25 U.S.C. ‘‘(ii) servicing the loan in accordance with 1451 et seq.), the promotion and development the terms of the guarantee by the Secretary Subtitle B—Assiniboine and Sioux Tribes of of the loan. the Fort Peck Reservation Judgment Fund of Native American-owned business remains ECONDARY TRANSFERS.— Distribution an essential foundation for growth of eco- ‘‘(c) S nomic and social stability of Native Ameri- ‘‘(1) IN GENERAL.—Any transferee under Sec. 6201. Short title. cans; subsection (b) of a loan guaranteed or in- Sec. 6202. Findings and purpose. (4) use by commercial lenders of the avail- sured under this title may transfer to any in- Sec. 6203. Definitions. able loan insurance and guarantees may be dividual or legal entity— Sec. 6204. Distribution of judgment funds. limited by liquidity and other capital mar- ‘‘(A) all rights and obligations of the trans- Sec. 6205. Applicable law. ket-driven concerns; and feree in the loan or in the unguaranteed or TITLE VII—REPAYMENT OF EXPERT (5) it is in the best interest of the insured uninsured portion of the loan; and WITNESS LOANS and guaranteed loan program of the Depart- ‘‘(B) any security given for the loan. Sec. 7001. Waiver of repayment of expert as- ment of the Interior— ‘‘(2) ADDITIONAL REQUIREMENTS.—With re- sistance loans to the Pueblo of (A) to encourage the orderly development spect to a transfer described in paragraph Santo Domingo. and expansion of a secondary market for (1)—

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‘‘(A) the transfer shall be consistent with TITLE II—LAND SETTLEMENT (5) LOCAL PUBLIC BODY.—The term ‘‘local such regulations as the Secretary shall pro- PROVISIONS public body’’ means a political subdivision of mulgate under subsection (i); and Subtitle A—T’uf Shur Bien Preservation the State of New Mexico (as defined in New ‘‘(B) the transferor shall give notice of the Trust Area Mexico Code 6–5–1). transfer to the Secretary. (6) MAP.—The term ‘‘map’’ means the For- SEC. 2101. SHORT TITLE. ‘‘(3) ACKNOWLEDGMENT BY SECRETARY.—On est Service map entitled ‘‘T’uf Shur Bien receipt of a notice of a transfer under para- This subtitle may be cited as the ‘‘T’uf Preservation Trust Area’’ and dated April graph (2)(B), the Secretary shall issue to the Shur Bien Preservation Trust Area Act’’. 2000. transferee an acknowledgement by the Sec- SEC. 2102. FINDINGS AND PURPOSES. (7) MODIFIED USE.— retary of— (a) FINDINGS.—Congress finds that— (A) IN GENERAL.—The term ‘‘modified use’’ ‘‘(A) the transfer; and (1) in 1748, the Pueblo of Sandia received a means an existing use that, at any time after ‘‘(B) the interest of the transferee in the grant from a representative of the King of the date of enactment of this Act, is modi- guaranteed or insured portion of the loan. Spain, which grant was recognized and con- fied or reconfigured but not significantly ex- ‘‘(4) RESPONSIBILITIES OF LENDER.—Not- firmed by Congress in 1858 (11 Stat. 374); and panded. withstanding any transfer permitted by this (2) in 1994, the Pueblo filed a civil action (B) INCLUSIONS.—The term ‘‘modified use’’ subsection, the lender shall— against the Secretary of the Interior and the includes— ‘‘(A) remain obligated on the guarantee Secretary of Agriculture in the United (i) a trail or trailhead being modified, such agreement or insurance agreement between States District Court for the District of Co- as to accommodate handicapped access; the lender and the Secretary; lumbia (Civil No. 1:94CV02624), asserting that (ii) a parking area being reconfigured; and ‘‘(B) continue to be responsible for serv- Federal surveys of the grant boundaries erro- (iii) a special use authorization for a group icing the loan in a manner consistent with neously excluded certain land within the recreation use being authorized for a dif- that guarantee agreement or insurance Cibola National Forest, including a portion ferent use area or time period. agreement; and of the Sandia Mountain Wilderness. (8) NEW USE.— ‘‘(C) remain the secured creditor of record. (b) PURPOSES.—The purposes of this sub- (A) IN GENERAL.—The term ‘‘new use’’ ‘‘(d) FULL FAITH AND CREDIT.— title are— means— ‘‘(1) IN GENERAL.—The full faith and credit (1) to establish the T’uf Shur Bien Preser- (i) a use that is not occurring in the Area of the United States is pledged to the pay- vation Trust Area in the Cibola National as of the date of enactment of this Act; and ment of all loan guarantees and loan insur- Forest; (ii) an existing use that is being modified ance made under this title after the date of (2) to confirm the status of national forest so as to be significantly expanded or altered enactment of this subsection. land and wilderness land in the Area while in scope, dimension, or impact on the land, ‘‘(2) VALIDITY.— resolving issues associated with the civil ac- water, air, or wildlife resources of the Area. ‘‘(A) IN GENERAL.—Except as provided in tion referred to in subsection (a)(2) and the (B) EXCLUSIONS.—The term ‘‘new use’’ does subparagraph (B), the validity of a guarantee opinions of the Solicitor of the Department not include a use that— or insurance of a loan under this title shall of the Interior dated December 9, 1988 (M– (i) is categorically excluded from docu- be incontestable if the obligations of the 36963; 96 I.D. 331) and January 19, 2001 (M– mentation requirements under the National guarantee or insurance held by a transferee 37002); and Environmental Policy Act of 1969 (42 U.S.C. have been acknowledged under subsection (3) to provide the Pueblo, the parties to the 4321 et seq.); or (ii) is carried out to comply with the En- (c)(3). civil action, and the public with a fair and dangered Species Act of 1973 (16 U.S.C. 1531 et ‘‘(B) EXCEPTION FOR FRAUD OR MISREPRE- just settlement of the Pueblo’s claim. seq.). SENTATION.—Subparagraph (A) shall not SEC. 2103. DEFINITIONS. apply in a case in which a transferee has ac- (9) PIEDRA LISA TRACT.—The term ‘‘Piedra In this subtitle: Lisa tract’’ means the tract comprised of ap- tual knowledge of fraud or misrepresenta- (1) AREA.— tion, or participates in or condones fraud or proximately 160 acres of land held in private (A) IN GENERAL.—The term ‘‘Area’’ means ownership and depicted on the map. misrepresentation, in connection with a the T’uf Shur Bien Preservation Trust Area, (10) PUEBLO.—The term ‘‘Pueblo’’ means loan. comprised of approximately 9890 acres of ‘‘(e) DAMAGES.—Notwithstanding section the Pueblo of Sandia in its governmental ca- land in the Cibola National Forest, as de- 3302 of title 31, United States Code, the Sec- pacity. picted on the map. retary may recover from a lender of a loan (11) SECRETARY.—The term ‘‘Secretary’’ (B) EXCLUSIONS.—The term ‘‘Area’’ does under this title any damages suffered by the means the Secretary of Agriculture, acting not include— Secretary as a result of a material breach of through the Chief of the Forest Service. (i) the subdivisions; the obligations of the lender with respect to (12) SETTLEMENT AGREEMENT.—The term (ii) the Pueblo-owned land; a guarantee or insurance by the Secretary of ‘‘Settlement Agreement’’ means the Agree- (iii) the crest facilities; or the loan. ment of Compromise and Settlement dated ‘‘(f) FEES.—The Secretary may collect a fee (iv) the special use permit area. April 4, 2000, among the United States, the for any loan or guaranteed or insured por- (2) CREST FACILITIES.—The term ‘‘crest fa- Pueblo, and the Sandia Peak Tram Com- tion of a loan that is transferred in accord- cilities’’ means— pany. ance with this section. (A) all facilities and developments located (13) SPECIAL USE PERMIT.—The term ‘‘(g) CENTRAL REGISTRATION OF LOANS.—On on the crest of Sandia Mountain, including ‘‘special use permit’’ means the Special Use promulgation of final regulations under sub- the Sandia Crest Electronic Site; Permit issued December 1, 1993, by the Sec- section (i), the Secretary shall— (B) electronic site access roads; retary to Sandia Peak Tram Company and ‘‘(1) provide for a central registration of all (C) the Crest House; Sandia Peak Ski Company guaranteed or insured loans transferred (D) the upper terminal, restaurant, and re- (14) SPECIAL USE PERMIT AREA.— under this section; and lated facilities of Sandia Peak Tram Com- (A) IN GENERAL.—The term ‘‘special use ‘‘(2) enter into 1 or more contracts with a pany; permit area’’ means the land and facilities fiscal transfer agent— (E) the Crest Observation Area; subject to the special use permit. ‘‘(A) to act as the designee of the Secretary (F) parking lots; (B) INCLUSIONS.—The term ‘‘special use under this section; and (G) restrooms; permit area’’ includes— ‘‘(B) to carry out on behalf of the Sec- (H) the Crest Trail (Trail No. 130); (i) approximately 46 acres of land used as retary the central registration and fiscal (I) hang glider launch sites; an aerial tramway corridor; transfer agent functions, and issuance of ac- (J) the Kiwanis cabin; and (ii) approximately 945 acres of land used as knowledgements, under this section. (K) the land on which the facilities de- a ski area; and ‘‘(h) POOLING OF LOANS.— scribed in subparagraphs (A) through (J) are (iii) the land and facilities described in Ex- ‘‘(1) IN GENERAL.—Nothing in this title pro- located and the land extending 100 feet along hibit A to the special use permit, including— hibits the pooling of whole loans or interests terrain to the west of each such facility, un- (I) the maintenance road to the lower tram in loans transferred under this section. less a different distance is agreed to in writ- tower; ‘‘(2) REGULATIONS.—In promulgating regu- ing by the Secretary and the Pueblo and doc- (II) water storage and water distribution lations under subsection (i), the Secretary umented in the survey of the Area. facilities; and may include such regulations to effect or- (3) EXISTING USE.—The term ‘‘existing use’’ (III) 7 helispots. derly and efficient pooling procedures as the means a use that— (15) SUBDIVISION.—The term ‘‘subdivision’’ Secretary determines to be necessary. (A) is occurring in the Area as of the date means— ‘‘(i) REGULATIONS.—Not later than 180 days of enactment of this Act; or (A) the subdivision of— after the date of enactment of this sub- (B) is authorized in the Area after Novem- (i) Sandia Heights Addition; section, the Secretary shall develop such ber 1, 1995, but before the date of enactment (ii) Sandia Heights North Unit I, II, or 3; procedures and promulgate such regulations of this Act. (iii) Tierra Monte; as are necessary to facilitate, administer, (4) LA LUZ TRACT.—The term ‘‘La Luz (iv) Valley View Acres; or and promote transfers of loans and guaran- tract’’ means the tract comprised of approxi- (v) Evergreen Hills; and teed and insured portions of loans under this mately 31 acres of land owned in fee by the (B) any additional plat or privately-owned section.’’. Pueblo and depicted on the map. property depicted on the map.

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(16) TRADITIONAL OR CULTURAL USE.—The trust, or governmental entity, including the (2) EFFECT.—Any compensation made to term ‘‘traditional or cultural use’’ means— Pueblo, without specific authorization of the Pueblo under paragraph (c) shall not af- (A) a ceremonial activity (including the Congress. fect the extinguishment of claims under sec- placing of ceremonial materials in the Area); (e) PROHIBITED USES.— tion 2110. and (1) IN GENERAL.—Notwithstanding any SEC. 2106. LIMITATIONS ON PUEBLO RIGHTS AND (B) the use, hunting, trapping, or gathering other provision of law— INTERESTS IN THE AREA. of plants, animals, wood, water, and other (A) no use prohibited by the Wilderness (a) LIMITATIONS.—The rights and interests natural resources for a noncommercial pur- Act (16 U.S.C. 1131 et seq.) as of the date of of the Pueblo recognized in this subtitle do pose. enactment of this Act shall be permitted in not include— SEC. 2104. T’UF SHUR BIEN PRESERVATION the wilderness portion of the Area; and (1) any right to sell, grant, lease, convey, TRUST AREA. (B) none of the following uses shall be per- encumber, or exchange land or any interest (a) ESTABLISHMENT.—The T’uf Shur Bien mitted in any portion of the Area: in land in the Area (and any such convey- Preservation Trust Area is established with- (i) Gaming or gambling. ance shall not have validity in law or eq- in the Cibola National Forest and the Sandia (ii) Mineral production. uity); Mountain Wilderness as depicted on the (iii) Timber production. (2) any exemption from applicable Federal map— (iv) Any new use to which the Pueblo ob- wildlife protection laws; (1) to recognize and protect in perpetuity jects under section 2105(a)(3). (3) any right to engage in a use prohibited the rights and interests of the Pueblo in and (2) MINING CLAIMS.—The Area is closed to by section 2104(e); or to the Area, as specified in section 2105(a); the location of mining claims under Section (4) any right to exclude persons or govern- (2) to preserve in perpetuity the national 2320 of the Revised Statutes (30 U.S.C. 23) mental entities from the Area. XCEPTION.—No person who exercises forest and wilderness character of the Area; (commonly known as the ‘‘Mining Law of (b) E traditional or cultural use rights as author- and 1872’’). (3) to recognize and protect in perpetuity ized by section 2105(a)(4) may be prosecuted (f) NO MODIFICATION OF BOUNDARIES.—Es- for a Federal wildlife offense requiring proof the longstanding use and enjoyment of the tablishment of the Area shall not— of a violation of a State law. Area by the public. (1) affect the boundaries of or repeal or dis- (b) ADMINISTRATION AND APPLICABLE LAW.— SEC. 2107. MANAGEMENT OF THE AREA. establish the Sandia Mountain Wilderness or (1) IN GENERAL.—The Secretary shall con- (a) PROCESS.— the Cibola National Forest; or tinue to administer the Area as part of the (1) IN GENERAL.—The Secretary shall con- (2) modify the existing boundary of the National Forest System consistent with the sult with the Pueblo not less than twice each Pueblo grant. provisions of this subtitle affecting manage- year, unless otherwise mutually agreed, con- ment of the Area. SEC. 2105. PUEBLO RIGHTS AND INTERESTS IN cerning protection, preservation, and man- THE AREA. (2) TRADITIONAL OR CULTURAL USES.—Tradi- agement of the Area (including proposed new tional or cultural uses by Pueblo members (a) GENERAL.—The Pueblo shall have the uses and modified uses in the Area and au- and members of other federally-recognized following rights and interests in the Area: thorizations that are anticipated during the Indian tribes authorized to use the Area by (1) Free and unrestricted access to the next 6 months and were approved in the pre- the Pueblo under section 2105(a)(4) shall not Area for traditional or cultural uses, to the ceding 6 months). be restricted except by— extent that those uses are not inconsistent (2) NEW USES.— (A) the Wilderness Act (16 U.S.C. 1131 et with— (A) REQUEST FOR CONSENT AFTER CONSULTA- seq.) (including regulations promulgated (A) the Wilderness Act (16 U.S.C. 1131 et TION.— under that Act) as in effect on the date of en- seq.) (including regulations promulgated (i) WITHHOLDING OF CONSENT.—If the Pueblo actment of this Act; and under that Act) as in effect on the date of en- withholds consent for a new use within 30 (B) applicable Federal wildlife protection actment of this Act; or days after completion of the consultation laws, as provided in section 2106(a)(2). (B) applicable Federal wildlife protection process, the Secretary shall not proceed with (3) LATER ENACTMENTS.—To the extent that laws as provided in section 2106(a)(2). the new use. any law enacted or amended after the date of (2) Perpetual preservation of the national (ii) GRANTING OF CONSENT.—If the Pueblo enactment of this Act is inconsistent with forest and wilderness character of the Area consents to the new use in writing or fails to this subtitle, the law shall not apply to the under this subtitle. respond within 30 days after completion of Area unless expressly made applicable by (3) Rights in the management of the Area the consultation process, the Secretary may Congress. as specified in section 2107, including— proceed with the notice and comment proc- (4) TRUST.—The use of the word ‘‘Trust’’ in (A) the right to consent or withhold con- ess and the environmental analysis. the name of the Area— sent to a new use; (B) FINAL REQUEST FOR CONSENT.— (A) is in recognition of the specific rights (B) the right to consultation regarding a (i) REQUEST.—Before the Secretary (or a and interests of the Pueblo in the Area; and modified use; designee) signs a record of decision or deci- (B) does not confer on the Pueblo the own- (C) the right to consultation regarding the sion notice for a proposed new use, the Sec- ership interest that exists in a case in which management and preservation of the Area; retary shall again request the consent of the the Secretary of the Interior accepts the and Pueblo. title to land held in trust for the benefit of (D) the right to dispute resolution proce- (ii) WITHHOLDING OF CONSENT.—If the Pueb- an Indian tribe. dures. lo withholds consent for a new use within 30 (c) MAP.— (4) Exclusive authority, in accordance with days after receipt by the Pueblo of the pro- (1) FILING.—As soon as practicable after the customs and laws of the Pueblo, to ad- posed record of decision or decision notice, the date of enactment of this Act, the Sec- minister access to the Area for traditional or the new use shall not be authorized. retary shall file the map and a legal descrip- cultural uses by members of the Pueblo and (ii) FAILURE TO RESPOND.—If the Pueblo tion of the Area with the Committee on Re- of other federally-recognized Indian tribes. fails to respond to the consent request with- sources of the House of Representatives and (5) Such other rights and interests as are in 30 days after receipt of the proposed with the Committee on Energy and Natural recognized in sections 2104, 2105(c), 2107, 2108, record of decision or decision notice— Resources of the Senate. and 2109. (I) the Pueblo shall be deemed to have con- (2) PUBLIC AVAILABILITY.—The map and (b) ACCESS.— Except as provided in sub- sented to the proposed record of decision or legal description shall be on file and avail- section (a)(4), access to and use of the Area decision notice; and able for public inspection in the Office of the for all other purposes shall continue to be (II) the Secretary may proceed to issue the Chief of the Forest Service, Washington, Dis- administered by the Secretary. final record of decision or decision notice. trict of Columbia. (c) COMPENSABLE INTEREST.— (3) PUBLIC INVOLVEMENT.— (3) EFFECT.—The map and legal description (1) IN GENERAL.—If, by an Act of Congress (A) IN GENERAL.—With respect to a pro- filed under paragraph (1) shall have the same enacted after the date of enactment of this posed new use or modified use, the public effect as if the map and legal description Act, Congress diminishes the national forest shall be provided notice of— were included in this subtitle, except that— or wilderness designation of the Area by au- (i) the purpose and need for the proposed (A) technical and typographical errors thorizing a use prohibited by section 2104(e) new use or modified use; shall be corrected; in all or any portion of the Area, or denies (ii) the role of the Pueblo in the decision- (B) changes that may be necessary under the Pueblo access for any traditional or cul- making process; and subsection (b), (d), or (e) of section 2109 or tural use in all or any portion of the Area— (iii) the position of the Pueblo on the pro- subsection (b) or (c) of section 2113 shall be (A) the United States shall compensate the posal. made; and Pueblo as if the Pueblo had held a fee title (B) COURT CHALLENGE.—Any person may (C) to the extent that the map and the lan- interest in the affected portion of the Area bring a civil action in the United States Dis- guage of this subtitle conflict, the language and as though the United States had ac- trict Court for the District of New Mexico to of this subtitle shall control. quired such an interest by legislative exer- challenge a determination by the Secretary (d) NO CONVEYANCE OF TITLE.—No right, cise of the power of eminent domain; and concerning whether a use constitutes a new title, or interest of the United States in or to (B) the restrictions of sections 2104(e) and use or a modified use. the Area or any part of the Area shall be 2106(a) shall be disregarded in determining (b) EMERGENCIES AND EMERGENCY CLOSURE conveyed to or exchanged with any person, just compensation owed to the Pueblo. ORDERS.—

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(1) AUTHORITY.—The Secretary shall retain (5) OVERLAPPING JURISDICTION.—To the ex- the Pueblo at the time of enactment of this the authority of the Secretary to manage tent that the respective allocations of juris- Act, shall be transferred to the United emergency situations, to— diction over the Area under paragraphs (2), States and held in trust for the Pueblo by (A) provide for public safety; and (3), and (4) overlap, the governments shall the United States and administered by the (B) issue emergency closure orders in the have concurrent jurisdiction. Secretary of the Interior. Area subject to applicable law. (6) FEDERAL USE OF STATE LAW.—Under the (3) LIMITATIONS ON TRUST LAND.—Trust (2) NOTICE.—The Secretary shall notify the jurisdiction of the United States described in land described in paragraph (2)(B) shall be Pueblo regarding emergencies, public safety paragraph (3)(D), Federal law shall incor- subject to all limitations on use pertaining issues, and emergency closure orders as soon porate any offense defined and punishable to the Area contained in this subtitle. as practicable. under State law that is not so defined under (b) PIEDRA LISA.— (3) NO CONSENT.—An action of the Sec- Federal law. (1) IN GENERAL.—The Piedra Lisa tract is retary described in paragraph (1) shall not (b) CIVIL JURISDICTION.— excluded from the Area notwithstanding any require the consent of the Pueblo. (1) IN GENERAL.—Except as provided in subsequent acquisition of the tract by the (c) DISPUTES INVOLVING FOREST SERVICE paragraphs (2) and (3), the United States, the Pueblo. MANAGEMENT AND PUEBLO TRADITIONAL State of New Mexico, and local public bodies (2) ACQUISITION OF TRACT.—If the Secretary USES.— shall have the same civil adjudicatory, regu- or the Pueblo acquires the Piedra Lisa tract, (1) IN GENERAL.—In a case in which the latory, and taxing jurisdiction over the Area the tract shall be transferred to the United management of the Area by the Secretary as was exercised by those entities on the day States and is declared to be held in trust for conflicts with a traditional or cultural use, if before the date of enactment of this Act. the Pueblo by the United States and admin- the conflict does not pertain to a new use or (2) JURISDICTION OF THE PUEBLO.— istered by the Secretary of the Interior sub- modified use subject to the process specified (A) IN GENERAL.—The Pueblo shall have ex- ject to all limitations on use pertaining to in subsection (a), the process for dispute res- clusive civil adjudicatory jurisdiction over— the Area contained in this subtitle. olution specified in this subsection shall (i) a dispute involving only members of the (3) APPLICABILITY OF CERTAIN RESTRIC- apply. Pueblo; TION.—The restriction contained in section (2) DISPUTE RESOLUTION PROCESS.— (ii) a civil action brought by the Pueblo 2106(a)(4) shall not apply outside of Forest (A) IN GENERAL.—In the case of a conflict against a member of the Pueblo; and Service System trails. described in paragraph (1)— (iii) a civil action brought by the Pueblo (4) JURISDICTION.—Until acquired by the (i) the party identifying the conflict shall against a member of another federally-recog- Secretary or Pueblo, the jurisdiction of the notify the other party in writing addressed nized Indian tribe for a violation of an under- State of New Mexico and local public bodies to the Governor of the Pueblo or the Re- standing between the Pueblo and the other over the Piedra Lisa tract and property in- gional Forester, as appropriate, specifying tribe regarding use of or access to the Area terests therein shall continue in effect. the nature of the dispute; and for traditional or cultural uses. (c) CREST FACILITIES.— (ii) the Governor of the Pueblo or the Re- (B) REGULATORY JURISDICTION.—The Pueblo (1) IN GENERAL.—The land on which the gional Forester shall attempt to resolve the shall have no regulatory jurisdiction over crest facilities are located is excluded from dispute for a period of at least 30 days after the Area, except that the Pueblo shall have the Area. notice has been provided before bringing a exclusive authority to— (2) JURISDICTION.—The Pueblo shall have civil action in the United States District (i) regulate traditional or cultural uses by no civil or criminal jurisdiction for any pur- Court for the District of New Mexico. the members of the Pueblo and administer pose, including adjudicatory, taxing, zoning, (B) DISPUTES REQUIRING IMMEDIATE RESOLU- access to the Area by other federally-recog- regulatory or any other form of jurisdiction, TION.—In the case of a conflict that requires nized Indian tribes for traditional or cultural over the land on which the crest facilities immediate resolution to avoid imminent, uses, to the extent such regulation is con- are located and property interests therein, substantial, and irreparable harm— sistent with this subtitle; and and the laws of the Pueblo, shall not apply to (i) the party identifying the conflict shall (ii) regulate hunting and trapping in the that land. The preexisting jurisdictional sta- notify the other party and seek to resolve Area by members of the Pueblo, to the ex- tus of that land shall continue in effect. the dispute within 3 days of the date of noti- tent that the hunting or trapping is related (d) SPECIAL USE PERMIT AREA.— fication; and to traditional or cultural uses, except that (1) IN GENERAL.—The land described in the (ii) if the parties are unable to resolve the such hunting and trapping outside of that special use permit is excluded from the Area. dispute within 3 days— portion of the Area in sections 13, 14, 23, 24, (2) JURISDICTION.— (I) either party may bring a civil action for and the northeast quarter of section 25 of (A) IN GENERAL.—The Pueblo shall have no immediate relief in the United States Dis- T12N, R4E, and section 19 of T12N, R5E, civil or criminal jurisdiction for any pur- trict Court for the District of New Mexico; N.M.P.M., Sandoval County, New Mexico, pose, including adjudicatory, taxing, zoning, and shall be regulated by the Pueblo in a manner regulatory, or any other form of jurisdiction, (II) the procedural requirements specified consistent with the regulations of the State over the land described in the special use in subparagraph (A) shall not apply. of New Mexico concerning types of weapons permit, and the laws of the Pueblo shall not SEC. 2108. JURISDICTION OVER THE AREA. and proximity of hunting and trapping to apply to that land. (a) CRIMINAL JURISDICTION.— trails and residences. (B) PREEXISTING STATUS.—The preexisting (1) IN GENERAL.—Notwithstanding any (C) TAXING JURISDICTION.—The Pueblo shall jurisdictional status of that land shall con- other provision of law, jurisdiction over have no authority to impose taxes within the tinue in effect. crimes committed in the Area shall be allo- Area. (3) AMENDMENT TO PLAN.—In the event the cated as provided in this paragraph. (3) STATE AND LOCAL TAXING JURISDICTION.— special use permit, during its existing term (2) JURISDICTION OF THE PUEBLO.—The The State of New Mexico and local public or any future terms or extensions, requires Pueblo shall have jurisdiction over an of- bodies shall have no authority within the amendment to include other land in the Area fense committed by a member of the Pueblo Area to tax the uses or the property of the necessary to realign the existing or any fu- or of another federally-recognized Indian Pueblo, members of the Pueblo, or members ture replacement tram line, associated tribe who is present in the Area with the per- of other federally-recognized Indian tribes structures, or facilities, the land subject to mission of the Pueblo under section authorized to use the Area under section that amendment shall thereafter be excluded 2105(a)(4). 2105(a)(4). from the Area and shall have the same sta- (3) JURISDICTION OF THE UNITED STATES.— SEC. 2109. SUBDIVISIONS AND OTHER PROPERTY tus under this subtitle as the land currently The United States shall have jurisdiction INTERESTS. described in the special use permit. over— (a) SUBDIVISIONS.— (4) LAND DEDICATED TO AERIAL TRAMWAY (A) an offense described in section 1153 of (1) IN GENERAL.—The subdivisions are ex- AND RELATED USES.—Any land dedicated to title 18, United States Code, committed by a cluded from the Area. aerial tramway and related uses and associ- member of the Pueblo or another federally- (2) JURISDICTION.— ated facilities that are excluded from the recognized Indian tribe; (A) IN GENERAL.—The Pueblo shall have no special use permit through expiration, ter- (B) an offense committed by any person in civil or criminal jurisdiction for any pur- mination or the amendment process shall violation of the laws (including regulations) pose, including adjudicatory, taxing, zoning, thereafter be included in the Area, but only pertaining to the protection and manage- regulatory or any other form of jurisdiction, after final agency action no longer subject to ment of national forests; over the subdivisions and property interests any appeals. (C) enforcement of Federal criminal laws therein, and the laws of the Pueblo shall not (e) LA LUZ TRACT.— of general applicability; and apply to the subdivisions. (1) IN GENERAL.—The La Luz tract now (D) any other offense committed by a (B) STATE JURISDICTION.—The jurisdiction owned in fee by the Pueblo is excluded from member of the Pueblo against a person not a of the State of New Mexico and local public the Area and, on application by the Pueblo, member of the Pueblo. bodies over the subdivisions and property in- shall be transferred to the United States and (4) JURISDICTION OF THE STATE OF NEW MEX- terests therein shall continue in effect, ex- held in trust for the Pueblo by the United ICO.—The State of New Mexico shall have ju- cept that on application of the Pueblo a States and administered by the Secretary of risdiction over an offense under the law of tract comprised of approximately 35 contig- the Interior subject to all limitations on use the State committed by a person not a mem- uous, nonsubdivided acres in the northern pertaining to the Area contained in this sub- ber of the Pueblo. section of Evergreen Hills owned in fee by title.

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(2) NONAPPLICABILITY OF CERTAIN RESTRIC- enlargement of the easements described (c) NOT PRECEDENT.—The provisions of this TION.—The restriction contained in section above. subtitle creating certain rights and interests 2106(a)(4) shall not apply outside of Forest (3) FOREST SERVICE RIGHTS-OF-WAY.—In ac- in the National Forest System are uniquely Service System trails. cordance with the Pueblo having given its suited to resolve the Pueblo’s claim and the (f) EVERGREEN HILLS ACCESS.—The Sec- consent in the Settlement Agreement, the geographic and societal situation involved, retary, consistent with section 1323(a) of the Secretary of the Interior shall grant to the and shall not be construed as precedent for Alaska National Interest Lands Conserva- Forest Service the following irrevocable any other situation involving management tion Act (16 U.S.C. 3210), shall ensure that rights-of-way in perpetuity for Forest Serv- of the National Forest System. Forest Service Road 333D, as depicted on the ice trails crossing land of the Pueblo in order (d) FISH AND WILDLIFE.—Except as provided map, is maintained in an adequate condition to provide for public access to the Area and in section 2108(b)(2)(B), nothing in this sub- consistent with the terms of section 1323(a) through Pueblo land— title shall be construed as affecting the re- of the Alaska National Interest Lands Con- (A) a right-of-way for a portion of the sponsibilities of the State of New Mexico servation Act (16 U.S.C. 3210). Crest Spur Trail (Trail No. 84), crossing a with respect to fish and wildlife, including (g) PUEBLO FEE LAND.—Those properties portion of the La Luz tract, as identified on the regulation of hunting, fishing, or trap- not specifically addressed in subsections (a) the map; ping within the Area. or (e) that are owned in fee by the Pueblo (B) a right-of-way for the extension of the (e) FEDERAL LAND POLICY AND MANAGE- within the subdivisions are excluded from Foothills Trail (Trail No. 365A), as identified MENT ACT.—Section 316 of the Federal Land the Area and shall be subject to the jurisdic- Policy and Management Act of 1976 (43 tional provisions of subsection (a). on the map; and U.S.C. 1746) is amended by adding at the end (h) RIGHTS-OF-WAY.— (C) a right-of-way for that portion of the (1) ROAD RIGHTS-OF-WAY.— Piedra Lisa North-South Trail (Trail No. 135) the following: ‘‘Any corrections authorized (A) IN GENERAL.—In accordance with the crossing the Piedra Lisa tract, if the Pueblo by this section which affect the boundaries Pueblo having given its consent in the Set- ever acquires the Piedra Lisa tract. of, or jurisdiction over, land administered by tlement Agreement, the Secretary of the In- SEC. 2110. EXTINGUISHMENT OF CLAIMS. another Federal agency shall be made only terior shall grant to the County of (a) IN GENERAL.—Except for the rights and after consultation with, and the approval of, Bernalillo, New Mexico, in perpetuity, the interests in and to the Area specifically rec- the head of such other agency.’’ following irrevocable rights-of-way for roads ognized in sections 2104, 2105, 2107, 2108, and SEC. 2112. JUDICIAL REVIEW. identified on the map in order to provide for 2109, all Pueblo claims to right, title and in- (a) ENFORCEMENT.—A civil action to en- public access to the subdivisions, the special terest of any kind, including aboriginal force the provisions of this subtitle may be use permit land and facilities, the other claims, in and to land within the Area, any brought to the extent permitted under chap- leasehold and easement rights and interests part thereof, and property interests therein, ter 7 of title 5, United States Code. Judicial of the Sandia Peak Tram Company and its as well as related boundary, survey, trespass, review shall be based on the administrative affiliates, the Sandia Heights South Subdivi- and monetary damage claims, are perma- record and subject to the applicable standard sion, and the Area— nently extinguished. The United States’ title of review set forth in section 706 of title 5, (i) a right-of-way for Tramway Road; to the Area is confirmed. United States Code. (ii) a right-of-way for Juniper Hill Road (b) SUBDIVISIONS.—Any Pueblo claims to (b) WAIVER.—A civil action may be brought North; right, title and interest of any kind, includ- against the Pueblo for declaratory judgment (iii) a right-of-way for Juniper Hill Road ing aboriginal claims, in and to the subdivi- or injunctive relief under this subtitle, but South; sions and property interests therein (except no money damages, including costs or attor- (iv) a right-of-way for Sandia Heights for land owned in fee by the Pueblo as of the ney’s fees, may be imposed on the Pueblo as Road; and date of enactment of this Act), as well as re- a result of such judicial action. (v) a right-of-way for Juan Tabo Canyon lated boundary, survey, trespass, and mone- (c) VENUE.—Venue for any civil action pro- Road (Forest Road No. 333). tary damage claims, are permanently extin- vided for in this section, as well as any civil (B) CONDITIONS.—The road rights-of-way guished. action to contest the constitutionality of shall be subject to the following conditions: (c) SPECIAL USE AND CREST FACILITIES this subtitle, shall lie only in the United (i) Such rights-of-way may not be expanded AREAS.—Any Pueblo right, title and interest States District Court for the District of New or otherwise modified without the Pueblo’s of any kind, including aboriginal claims, and Mexico. written consent, but road maintenance to related boundary, survey, trespass, and mon- SEC. 2113. PROVISIONS RELATING TO CONTRIBU- the rights-of-way shall not be subject to etary damage claims, are permanently extin- TIONS AND LAND EXCHANGE. Pueblo consent. guished in and to— (a) CONTRIBUTIONS.— (ii) The rights-of-way shall not authorize (1) the land described in the special use (1) IN GENERAL.—The Secretary may accept uses for any purpose other than roads with- permit; and contributions from the Pueblo, or from other out the Pueblo’s written consent. (2) the land on which the crest facilities persons or governmental entities— (iii) Except as provided in the Settlement are located. (A) to perform and complete a survey of Agreement, existing rights-of-way or lease- (d) PUEBLO AGREEMENT.—As provided in the Area; or hold interests and obligations held by the the Settlement Agreement, the Pueblo has (B) to carry out any other project or activ- Sandia Peak Tram Company and its affili- agreed to the relinquishment and extinguish- ity for the benefit of the Area in accordance ates, shall be preserved, protected, and unaf- ment of those claims, rights, titles and inter- with this subtitle. fected by this Act. ests extinguished pursuant to subsection (a), (2) DEADLINE.—Not later than 1 year after (2) UTILITY RIGHTS-OF-WAY.—In accordance (b) and (c). the date of enactment of this Act, the Sec- with the Pueblo having given its consent in (e) CONSIDERATION.—The recognition of the retary shall complete the survey of the Area the Settlement Agreement, the Secretary of Pueblo’s rights and interests in this Act con- under paragraph (1)(A). the Interior shall grant irrevocable utility stitutes adequate consideration for the Pueb- (b) LAND EXCHANGE.— rights-of-way in perpetuity across Pueblo lo’s agreement to the extinguishment of the (1) IN GENERAL.—Not later than 180 days land to appropriate utility or other service Pueblo’s claims in this section and the right- after the date of enactment of this Act, after providers serving Sandia Heights Addition, of-way grants contained in section 2109, and consultation with the Pueblo, the Secretary Sandia Heights North Units I, II, and 3, the it is the intent of Congress that those rights shall, in accordance with applicable laws, special use permit land, Tierra Monte, and and interests may only be diminished by a prepare and offer a land exchange of Na- Valley View Acres, including rights-of-way future Act of Congress specifically author- tional Forest land outside the Area and con- for natural gas, power, water, telecommuni- izing diminishment of such rights, with ex- tiguous to the northern boundary of the cations, and cable television services. Such press reference to this subtitle. Pueblo’s Reservation within sections 10, 11, rights-of-way shall be within existing utility SEC. 2111. CONSTRUCTION. and 14 of T12N, R4E, N.M.P.M., Sandoval corridors as depicted on the map or, for cer- (a) STRICT CONSTRUCTION.—This subtitle County, New Mexico excluding Wilderness tain water lines, as described in the existing recognizes only enumerated rights and inter- land, for land owned by the Pueblo in the Ev- grant of easement to the Sandia Peak Util- ests, and no additional rights, interests, obli- ergreen Hills subdivision in Sandoval County ity Company; provided that use of water line gations, or duties shall be created by impli- contiguous to National Forest land, and the easements outside the utility corridors de- cation. La Luz tract in Bernalillo County. picted on the map shall not be used for util- (b) EXISTING RIGHTS.—To the extent there (2) ACCEPTANCE OF PAYMENT.—Notwith- ity purposes other than water lines and asso- exists within the Area at the date of enact- standing section 206(b) of the Federal Land ciated facilities. Except where above-ground ment of this Act any valid private property Policy and Management Act (43 U.S.C. facilities already exist, all new utility facili- rights associated with the Piedra Lisa tract 1716(b)), the Secretary may either make or ties shall be installed underground unless or other private land that is not otherwise accept a cash equalization payment in excess the Pueblo agrees otherwise. To the extent addressed in this subtitle, such rights are of 25 percent of the total value of the land or that enlargement of existing utility cor- not modified or otherwise affected by this interests transferred out of Federal owner- ridors is required for any technologically-ad- subtitle, nor is the exercise of any such right ship. vanced telecommunication, television, or subject to the Pueblo’s right to withhold (3) FUNDS RECEIVED.—Any funds received utility services, the Pueblo shall not unrea- consent to new uses in the Area as set forth by the Secretary as a result of the exchange sonably withhold agreement to a reasonable in section 2105(a)(3)(A). shall be deposited in the fund established

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AUTHORIZATION OF APPROPRIATIONS. tle their disputes to water and reduce the the Sisk Act (16 U.S.C. 484a), and shall be There are authorized to be appropriated burdens of litigation. available to purchase non-Federal land with- such sums as are necessary to carry out this (6) After more than 4 years of negotiations, in or adjacent to the National Forests in the subtitle, including such sums as are nec- which included participation by representa- State of New Mexico. essary for the Forest Service, in accordance tives of the United States, the Zuni Indian (4) TREATMENT OF LAND EXCHANGED OR CON- with section 2113(c), to acquire ownership of, Tribe, the State of Arizona, and neighboring VEYED.—All land exchanged or conveyed to or other interests in or to, land within the non-Indian communities in the Little Colo- the Pueblo is declared to be held in trust for external boundaries of the Area. rado River basin, the parties have entered the Pueblo by the United States and added SEC. 2115. EFFECTIVE DATE. into a Settlement Agreement to resolve all to the Pueblo’s Reservation subject to all ex- The provisions of this subtitle shall take of the Zuni Indian Tribe’s water rights isting and outstanding rights and shall re- effect immediately on enactment of this Act. claims and to assist the Tribe in acquiring main in its natural state and shall not be Subtitle B—Pueblo de Cochiti Settlement surface water rights, to provide for the subject to commercial development of any Tribe’s use of groundwater, and to provide SEC. 2201. MODIFICATION OF PUEBLO DE kind. Land exchanged or conveyed to the for the wetland restoration of the Tribe’s Forest Service shall be subject to all limita- COCHITI SETTLEMENT. Section 1 of Public Law 102–358 (106 Stat. lands in Arizona. tions on use pertaining to the Area under (7) To facilitate the wetland restoration this Act. 960) is amended— (1) by striking ‘‘implement the settle- project contemplated under the Settlement (5) FAILURE TO MAKE OFFER.—If the land ex- Agreement, the Zuni Indian Tribe acquired change offer is not made by the date that is ment’’ and inserting the following: ‘‘implement— certain lands along the Little Colorado River 180 days after the date of enactment of this near or adjacent to its Reservation that are Act, the Secretary shall submit to the Com- ‘‘(1) the settlement;’’; (2) by striking the period at the end and in- important for the success of the project and mittee on Energy and Natural Resources of will likely acquire a small amount of simi- the United States Senate and the Committee serting ‘‘; and’’; and (3) by adding at the end the following: larly situated additional lands. The parties on Resources of the United States House of have agreed not to object to the United Representatives, a report explaining the rea- ‘‘(2) the modifications regarding the use of the settlement funds as described in the States taking title to certain of these lands sons for the failure to make the offer includ- into trust status; other lands shall remain in ing an assessment of the need for any addi- agreement known as the ‘First Amendment to Operation and Maintenance Agreement tribal fee status. The parties have worked tional legislation that may be necessary for extensively to resolve various governmental the exchange. If additional legislation is not for Implementation of Cochiti Wetlands So- lution’, executed— concerns regarding use of and control over necessary, the Secretary, consistent with those lands, and to provide a successful this section, should proceed with the ex- ‘‘(A) on October 22, 2001, by the Army Corps of Engineers; model for these types of situations, the change pursuant to existing law. State, local, and tribal governments intend (c) LAND ACQUISITION.— ‘‘(B) on October 25, 2001, by the Pueblo de to enter into an Intergovernmental Agree- (1) IN GENERAL.—The Secretary may ac- Cochiti of New Mexico; and ment that addresses the parties’ govern- quire land owned by the Pueblo within the ‘‘(C) on November 8, 2001, by the Secretary mental concerns. Evergreen Hills Subdivision in Sandoval of the Interior.’’. (8) Pursuant to the Settlement Agreement, County or any other privately held land in- TITLE III—WATER SETTLEMENTS AND the neighboring non-Indian entities will as- side of the exterior boundaries of the Area. WATER-RELATED PROVISIONS sist in the Tribe’s acquisition of surface The boundaries of the Cibola National Forest Subtitle A—Zuni Heaven Restoration Water and the Area shall be adjusted to encompass water rights and development of ground- Rights Settlement any land acquired pursuant to this section. water, store surface water supplies for the Zuni Indian Tribe, and make substantial ad- (2) ACQUISITION BY PUEBLO.—If the Pueblo SEC. 3101. SHORT TITLE. acquires the Piedra Lisa tract, the Secretary This subtitle may be cited as the ‘‘Zuni In- ditional contributions to carry out the Set- shall compensate the Pueblo for the fair dian Tribe Water Rights Settlement Act of tlement Agreement’s provisions. market value of— 2002’’. (9) To advance the goals of Federal Indian (A) the right-of-way established pursuant SEC. 3102. FINDINGS AND PURPOSES. policy and consistent with the trust respon- to section 2109(h)(3)(C); and (a) FINDINGS.—Congress makes the fol- sibility of the United States to the Tribe, it (B) the conservation easement established lowing findings: is appropriate that the United States partici- by the limitations on use of the Piedra Lisa (1) It is the policy of the United States, in pate in the implementation of the Settle- tract pursuant to section 2109(b). keeping with its trust responsibility to In- ment Agreement and contribute funds for (d) REIMBURSEMENT OF CERTAIN COSTS.— dian tribes, to promote Indian self-deter- the rehabilitation of religious riparian areas (1) IN GENERAL.—The Pueblo, the County of mination, religious freedom, political and and other purposes to enable the Tribe to use Bernalillo, New Mexico, and any person that cultural integrity, and economic self-suffi- its water entitlement in developing its Res- owns or has owned property inside of the ex- ciency, and to settle, wherever possible, the ervation. terior boundaries of the Area as designated water rights claims of Indian tribes without (b) PURPOSES.—The purposes of this sub- on the map, and who has incurred actual and lengthy and costly litigation. title are— direct costs as a result of participating in (2) Quantification of rights to water and (1) to approve, ratify, and confirm the Set- the case of Pueblo of Sandia v. Babbitt, Civ. development of facilities needed to use tribal tlement Agreement entered into by the Tribe No. 94–2624 HHG (D.D.C.), or other pro- water supplies effectively is essential to the and neighboring non-Indians; ceedings directly related to resolving the development of viable Indian reservation (2) to authorize and direct the Secretary of issues litigated in that case, may apply for communities, particularly in arid western the Interior to execute and perform the Set- reimbursement in accordance with this sec- States. tlement Agreement and related waivers; tion. Costs directly related to such participa- (3) On August 28, 1984, and by actions sub- (3) to authorize and direct the United tion which shall qualify for reimbursement sequent thereto, the United States estab- States to take legal title and hold such title shall be— lished a reservation for the Zuni Indian to certain lands in trust for the benefit of (A) dues or payments to a homeowner asso- Tribe in Apache County, Arizona upstream the Zuni Indian Tribe; and ciation for the purpose of legal representa- from the confluence of the Little Colorado (4) to authorize the actions, agreements, tion; and and Zuni Rivers for long-standing religious and appropriations as provided for in the (B) legal fees and related expenses. and sustenance activities. Settlement Agreement and this subtitle. (2) TREATMENT OF REIMBURSEMENT.—Any (4) The water rights of all water users in SEC. 3103. DEFINITIONS. reimbursement provided in this subsection the Little Colorado River basin in Arizona In this subtitle: shall be in lieu of that which might other- have been in litigation since 1979, in the Su- (1) EASTERN LCR BASIN.—The term wise be available pursuant to the Equal Ac- perior Court of the State of Arizona in and ‘‘Eastern LCR basin’’ means the portion of cess to Justice Act (24 U.S.C. 2412). for the County of Apache in Civil No. 6417, In the Little Colorado River basin in Arizona (3) PAYMENTS.—The Secretary of the Treas- re The General Adjudication of All Rights to upstream of the confluence of Silver Creek ury shall make reimbursement payments as Use Water in the Little Colorado River Sys- and the Little Colorado River, as identified provided in this section out of any money tem and Source. on Exhibit 2.10 of the Settlement Agreement. not otherwise appropriated. (5) Recognizing that the final resolution of (2) FUND.—The term ‘‘Fund’’ means the (4) APPLICATIONS.—Applications for reim- the Zuni Indian Tribe’s water claims through Zuni Indian Tribe Water Rights Development bursement shall be filed within 180 days of litigation will take many years and entail Fund established by section 3106(a). the date of enactment of this Act with the great expense to all parties, continue to (3) INTERGOVERNMENTAL AGREEMENT.—The Department of the Treasury, Financial Man- limit the Tribe’s access to water with eco- term ‘‘Intergovernmental Agreement’’ agement Service, Washington, D.C. nomic, social, and cultural consequences to means the intergovernmental agreement be- (5) MAXIMUM REIMBURSEMENT.—In no event the Tribe, prolong uncertainty as to the tween the Zuni Indian Tribe, Apache County, shall any 1 party be compensated in excess of availability of water supplies, and seriously Arizona and the State of Arizona described $750,000 and the total amount reimbursed impair the long-term economic planning and in article 6 of the Settlement Agreement. pursuant to this section shall not exceed development of all parties, the Tribe and (4) PUMPING PROTECTION AGREEMENT.—The $3,000,000. neighboring non-Indians have sought to set- term ‘‘Pumping Protection Agreement’’

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.074 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11749 means an agreement, described in article 5 of per year of water rights before the deadline (H) Section 29: N 1/2 N 1/2; the Settlement Agreement, between the Zuni described in section 3109(b). (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/ Tribe, the United States on behalf of the (2) $15,750,000, of which $5,250,000 shall be 4, N 1/2 SW 1/4 NE 1/4; and Tribe, and a local landowner under which the made available for each of fiscal years 2004, (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 landowner agrees to limit pumping of 2005, and 2006, to take actions necessary to NE 1/4 SE 1/4. groundwater on his lands in exchange for a restore, rehabilitate, and maintain the Zuni (3) In T. 14 N., R. 28 E., Gila and Salt River waiver of certain claims by the Zuni Tribe Heaven Reservation, including the Sacred Base and Meridian: and the United States on behalf of the Tribe. Lake, wetlands, and riparian areas as pro- (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, (5) RESERVATION; ZUNI HEAVEN RESERVA- vided for in the Settlement Agreement and NE 1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S TION.—The term ‘‘Reservation’’ or ‘‘Zuni under this subtitle. 1/2 SW 1/4, N 1/2 SE 1/4, N 1/2 SW 1/4 SE 1/4, Heaven Reservation’’, also referred to as (c) OTHER AGREEMENTS.—Except as pro- SE 1/4 SE 1/4; ‘‘Kolhu:wala:wa’’, means the following prop- vided in section 3109, the following 3 separate (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE erty in Apache County, Arizona: Sections 26, agreements, together with all amendments 1/4; and 27, 28, 33, 34, and 35, Township 15 North, thereto, are approved, ratified, confirmed, (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 Range 26 East, Gila and Salt River Base and and declared to be valid: NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, (1) The agreement between SRP, the Zuni 1/2 SE 1/4, SW 1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, 15, 16, 23, 26, and 27, Township 14 North, Tribe, and the United States on behalf of the SW 1/4 SE 1/4 SE 1/4. Range 26 East, Gila and Salt River Base and Tribe, dated June 7, 2002. (c) NEW RESERVATION LANDS.—Upon satis- Meridian. (2) The agreement between TEP, the Zuni faction of the conditions in paragraph 6.2 of (6) SECRETARY.—The term ‘‘Secretary’’ Tribe, and the United States on behalf of the the Settlement Agreement, after the re- means the Secretary of the Interior. Tribe, dated June 7, 2002. quirements of section 3109(a) have been met, (7) SETTLEMENT AGREEMENT.—The term (3) The agreement between the Arizona and upon acquisition by the Zuni Tribe, the ‘‘Settlement Agreement’’ means that agree- State Land Department, the Zuni Tribe, and Secretary shall take the legal title of the ment dated June 7, 2002, together with all ex- the United States on behalf of the Tribe, following lands in Arizona into trust for the hibits thereto. The parties to the Settlement dated June 7, 2002. benefit of the Zuni Tribe and make such lands part of the Zuni Indian Tribe Reserva- Agreement include the Zuni Indian Tribe and SEC. 3105. TRUST LANDS. tion in Arizona: Section 34, T. 14 N., R. 26 E., its members, the United States on behalf of (a) NEW TRUST LANDS.—Upon satisfaction the Tribe and its members, the State of Ari- Gila and Salt River Base and Meridian. of the conditions in paragraph 6.2 of the Set- (d) LIMITATION ON SECRETARIAL DISCRE- zona, the Arizona Game and Fish Commis- tlement Agreement, and after the require- sion, the Arizona State Land Department, TION.—The Secretary shall have no discre- ments of section 3109(a) have been met, the tion regarding the acquisitions described in the Arizona State Parks Board, the St. Secretary shall take the legal title of the Johns Irrigation and Ditch Co., the Lyman subsections (a), (b), and (c). following lands into trust for the benefit of (e) LANDS REMAINING IN FEE STATUS.—The Water Co., the Round Valley Water Users’ the Zuni Tribe: Zuni Tribe may seek to have the legal title Association, the Salt River Project Agricul- (1) In T. 14 N., R. 27 E., Gila and Salt River to additional lands in Arizona, other than tural Improvement and Power District, the Base and Meridian: the lands described in subsection (a), (b), or Tucson Electric Power Company, the City of (A) Section 13: SW 1/4 , S 1/2 NE 1/4 SE 1/4 (c), taken into trust by the United States for St. Johns, the Town of Eagar, and the Town , W 1/2 SE 1/4 , SE 1/4 SE 1/4; the benefit of the Zuni Indian Tribe pursuant of Springerville. (B) Section 23: N 1/2 , N 1/2 SW 1/4 , N 1/2 SE only to an Act of Congress enacted after the (8) SRP.—The term ‘‘SRP’’ means the Salt 1/4 , SE 1/4 SE 1/4 , N 1/2 SW 1/4 SE 1/4 , SE date of enactment of this Act specifically au- River Project Agricultural Improvement and 1/4 SW 1/4 SE 1/4; thorizing the transfer for the benefit of the Power District, a political subdivision of the (C) Section 24: NW 1/4 , SW 1/4 , S 1/2 NE 1/ Zuni Tribe. State of Arizona. 4 , N 1/2 SE 1/4; and (f) FINAL AGENCY ACTION.—Any written (9) TEP.—The term ‘‘TEP’’ means Tucson (D) Section 25: N 1/2 NE 1/4 , SE 1/4 NE 1/4 certification by the Secretary under sub- Electric Power Company. , NE 1/4 SE 1/4. paragraph 6.2.B of the Settlement Agreement (10) TRIBE, ZUNI TRIBE, OR ZUNI INDIAN (2) In T. 14 N., R. 28 E., Gila and Salt River constitutes final agency action under the TRIBE.—The terms ‘‘Tribe’’, ‘‘Zuni Tribe’’, or Base and Meridian: Administrative Procedure Act and is review- ‘‘Zuni Indian Tribe’’ means the body politic (A) Section 19: W 1/2 E 1/2 NW 1/4 , W 1/2 NW able as provided for under chapter 7 of title and federally recognized Indian nation, and 1/4 , W 1/2 NE 1/4 SW 1/4 , NW 1/4 SW 1/4 , S 5, United States Code. its members. 1/2 SW 1/4; (g) NO FEDERAL WATER RIGHTS.—Lands (11) ZUNI LANDS.—The term ‘‘Zuni Lands’’ (B) Section 29: SW 1/4 SW 1/4 NW 1/4 , NW taken into trust pursuant to subsection (a), means all the following lands, in the State of 1/4 NW 1/4 SW 1/4 , S 1/2 N 1/2 SW 1/4 , S 1/2 (b), or (c) shall not have Federal reserved Arizona, that, on the effective date described SW1/4 , S 1/2 NW 1/4 SE 1/4 , SW 1/4 SE 1/4; rights to surface water or groundwater. in section 3109(a), are— (C) Section 30: W 1/2 , SE 1/4; and (h) STATE WATER RIGHTS.—The water (A) within the Zuni Heaven Reservation; (D) Section 31: N 1/2 NE 1/4 , N 1/2 S 1/2 NE rights and uses for the lands taken into trust (B) held in trust by the United States for 1/4 , S 1/2 SE 1/4 NE 1/4 , NW 1/4 , E 1/2 SW 1/ pursuant to subsection (a) or (c) must be de- the benefit of the Tribe or its members; or 4 , N 1/2 NW 1/4 SW 1/4 , SE 1/4 NW 1/4 SW 1/ termined under subparagraph 4.1.A and arti- (C) held in fee within the Little Colorado 4 , E 1/2 SW 1/4 SW 1/4 , SW 1/4 SW 1/4 SW 1/ cle 5 of the Settlement Agreement. With re- River basin by or for the Tribe. 4. spect to the lands taken into trust pursuant to subsection (b), the Zuni Tribe retains any SEC. 3104. AUTHORIZATION, RATIFICATIONS, AND (b) FUTURE TRUST LANDS.—Upon satisfac- CONFIRMATIONS. tion of the conditions in paragraph 6.2 of the rights or claims to water associated with (a) SETTLEMENT AGREEMENT.—To the ex- Settlement Agreement, after the require- these lands under State law, subject to the tent the Settlement Agreement does not ments of section 3109(a) have been met, and terms of the Settlement Agreement. conflict with the provisions of this subtitle, (i) FORFEITURE AND ABANDONMENT.—Water upon acquisition by the Zuni Tribe, the Sec- such Settlement Agreement is hereby ap- rights that are appurtenant to lands taken retary shall take the legal title of the fol- proved, ratified, confirmed, and declared to into trust pursuant to subsection (a), (b), or lowing lands into trust for the benefit of the be valid. The Secretary is authorized and di- (c) shall not be subject to forfeiture and Zuni Tribe: rected to execute the Settlement Agreement abandonment. (1) In T. 14 N., R. 26E., Gila and Salt River and any amendments approved by the parties (j) AD VALOREM TAXES.—With respect to necessary to make the Settlement Agree- Base and Meridian: Section 25: N 1/2 NE 1/4, lands that are taken into trust pursuant to ment consistent with this subtitle. The Sec- N 1/2 S 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/ subsection (a) or (b), the Zuni Tribe shall retary is further authorized to perform any 4, NE 1/4 NW 1/4 SW 1/4. make payments in lieu of all current and fu- actions required by the Settlement Agree- (2) In T. 14 N., R. 27 E., Gila and Salt River ture State, county, and local ad valorem ment and any amendments to the Settle- Base and Meridian: property taxes that would otherwise be ap- ment Agreement that may be mutually (A) Section 14: SE 1/4 SW 1/4, SE 1/4; plicable to those lands if they were not in agreed upon by the parties to the Settlement (B) Section 16: S 1/2 SW 1/4 SE 1/4; trust. Agreement. (C) Section 19: S 1/2 SE 1/4 SE 1/4; (k) AUTHORITY OF TRIBE.—For purposes of (b) AUTHORIZATION OF APPROPRIATIONS.— (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE complying with this section and article 6 of There is authorized to be appropriated to the 1/4 SE 1/4; the Settlement Agreement, the Tribe is au- Zuni Indian Tribe Water Rights Development (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW thorized to enter into— Fund established in section 3106(a), 1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 (1) the Intergovernmental Agreement be- $19,250,000, to be allocated by the Secretary NE 1/4 SW 1/4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW tween the Zuni Tribe, Apache County, Ari- as follows: 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2 SW 1/ zona, and the State of Arizona; and (1) $3,500,000 for fiscal year 2004, to be used 4 SW 1/4; (2) any intergovernmental agreement re- for the acquisition of water rights and asso- (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/ quired to be entered into by the Tribe under ciated lands, and other activities carried out, 4 NE 1/4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 the terms of the Intergovernmental Agree- by the Zuni Tribe to facilitate the enforce- NW1/4, N 1/2 SW 1/4 NW 1/4, SE 1/4 SW 1/4 NW ment. ability of the Settlement Agreement, includ- 1/4, N 1/2 N 1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4; (l) FEDERAL ACKNOWLEDGEMENT OF INTER- ing the acquisition of at least 2,350 acre-feet (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4; GOVERNMENTAL AGREEMENTS.—

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.075 S20PT2 S11750 CONGRESSIONAL RECORD — SENATE November 20, 2002

(1) IN GENERAL.—The Secretary shall ac- (3) subsection (b). (g) NO PER CAPITA DISTRIBUTIONS.—No part knowledge the terms of any intergovern- (d) AVAILABILITY OF AMOUNTS FROM THE of the Fund shall be distributed on a per cap- mental agreement entered into by the Tribe FUND.—The funds authorized to be appro- ita basis to members of the Zuni Tribe. under this section. priated pursuant to section 3104(b)(2) and SEC. 3107. CLAIMS EXTINGUISHMENT; WAIVERS (2) NO ABROGATION.—The Secretary shall funds contributed by the State of Arizona AND RELEASES. pursuant to paragraph 7.6 of the Settlement not seek to abrogate, in any administrative (a) FULL SATISFACTION OF MEMBERS’ Agreement shall be available for expenditure or judicial action, the terms of any intergov- CLAIMS.— or withdrawal only after the requirements of ernmental agreement that are consistent (1) IN GENERAL.—The benefits realized by section 3109(a) have been met. with subparagraph 6.2.A of the Settlement the Tribe and its members under this sub- (e) EXPENDITURES AND WITHDRAWAL.— Agreement and this subtitle. title, including retention of any claims and (1) TRIBAL MANAGEMENT PLAN.— (3) REMOVAL.— rights, shall constitute full and complete (A) IN GENERAL.—The Zuni Tribe may with- (A) IN GENERAL.—Except as provided in draw all or part of the Fund on approval by satisfaction of all members’ claims for— subparagraph (B), if a judicial action is com- (A) water rights under Federal, State, and menced during a dispute over any intergov- the Secretary of a tribal management plan as described in the Trust Fund Reform Act. other laws (including claims for water rights ernmental agreement entered into under this (B) REQUIREMENTS.—In addition to the re- in groundwater, surface water, and effluent) section, and the United States is allowed to quirements under the Trust Fund Reform for Zuni Lands from time immemorial intervene in such action, the United States Act, the tribal management plan shall re- through the effective date described in sec- shall not remove such action to the Federal quire that the Zuni Tribe spend any funds in tion 3109(a) and any time thereafter; and courts. accordance with the purposes described in (B) injuries to water rights under Federal, (B) EXCEPTION.—The United States may section 3104(b). State, and other laws (including claims for seek removal if— (2) ENFORCEMENT.—The Secretary may water rights in groundwater, surface water, (i) the action concerns the Secretary’s de- take judicial or administrative action to en- and effluent, claims for damages for depriva- cision regarding the issuance of rights-of- force the provisions of any tribal manage- tion of water rights, and claims for changes way under section 3108(c); ment plan to ensure that any monies with- to underground water table levels) for Zuni (ii) the action concerns the authority of a drawn from the Fund under the plan are used Lands from time immemorial through the ef- Federal agency to administer programs or in accordance with this subtitle. fective date described in section 3109(a). the issuance of a permit under— (3) LIABILITY.—If the Zuni Tribe exercises (2) NO RECOGNITION OR ESTABLISHMENT OF (I) the Federal Water Pollution Control the right to withdraw monies from the Fund, INDIVIDUAL WATER RIGHT.—Nothing in this Act (33 U.S.C. 1251 et seq.); neither the Secretary nor the Secretary of subtitle recognizes or establishes any right (II) the Safe Drinking Water Act (42 U.S.C. the Treasury shall retain any liability for of a member of the Tribe to water on the 300f et seq.); the expenditure or investment of the monies Reservation. (III) the Clean Air Act (42 U.S.C. 7401 et withdrawn. (b) TRIBE AND UNITED STATES AUTHORIZA- seq.); or (4) EXPENDITURE PLAN.— TION AND WATER QUANTITY WAIVERS.—The (IV) any other Federal law specifically ad- (A) IN GENERAL.—The Zuni Tribe shall sub- Tribe, on behalf of itself and its members dressed in intergovernmental agreements; or mit to the Secretary for approval an expend- and the Secretary on behalf of the United (iii) the intergovernmental agreement is iture plan for any portion of the funds made States in its capacity as trustee for the Zuni inconsistent with a Federal law for the pro- available under this subtitle that the Zuni Tribe and its members, are authorized, as tection of civil rights, public health, or wel- Tribe does not withdraw under this subpart of the performance of their obligations fare. section. under the Settlement Agreement, to execute (m) RULE OF CONSTRUCTION.—Nothing in (B) DESCRIPTION.—The expenditure plan a waiver and release, subject to paragraph this subtitle shall be construed to affect the shall describe the manner in which, and the 11.4 of the Settlement Agreement, for claims application of the Act of May 25, 1918 (25 purposes for which, funds of the Zuni Tribe against the State of Arizona, or any agency U.S.C. 211) within the State of Arizona. or political subdivision thereof, or any other (n) DISCLAIMER.—Nothing in this section remaining in the Fund will be used. person, entity, corporation, or municipal repeals, modifies, amends, changes, or other- (C) APPROVAL.—On receipt of an expendi- corporation, under Federal, State, or other wise affects the Secretary’s obligations to ture plan under subparagraph (A), the Sec- the Zuni Tribe pursuant to the Act entitled retary shall approve the plan if the Sec- law for any and all— ‘‘An Act to convey certain lands to the Zuni retary determines that the plan is reason- (1) past, present, and future claims to Indian Tribe for religious purposes’’ ap- able and consistent with this subtitle. water rights (including water rights in proved August 28, 1984 (Public Law 98-408; 98 (5) ANNUAL REPORT.—The Zuni Tribe shall groundwater, surface water, and effluent) for Stat. 1533) (and as amended by the Zuni Land submit to the Secretary an annual report Zuni Lands from time immemorial through Conservation Act of 1990 (Public Law 101-486; that describes all expenditures from the the effective date described in section 3109(a) 104 Stat. 1174)). Fund during the year covered by the report. and any time thereafter, except for claims SEC. 3106. DEVELOPMENT FUND. (f) FUNDS FOR ACQUISITION OF WATER within the Zuni Protection Area as provided (a) ESTABLISHMENT OF THE FUND.— RIGHTS.— in article 5 of the Settlement Agreement; (1) IN GENERAL.—There is established in the (1) WATER RIGHTS ACQUISITIONS.—Notwith- (2) past and present claims for injuries to Treasury of the United States a fund to be standing subsection (e), the funds authorized water rights (including water rights in known as the ‘‘Zuni Indian Tribe Water to be appropriated pursuant to section groundwater, surface water, and effluent and Rights Development Fund’’, to be managed 3104(b)(1)— including claims for damages for deprivation and invested by the Secretary, consisting (A) shall be available upon appropriation of water rights and any claims for changes to of— for use in accordance with section 3104(b)(1); underground water table levels) for Zuni (A) the amounts authorized to be appro- and Lands from time immemorial through the ef- priated in section 3104(b); and (B) shall be distributed by the Secretary to fective date described in section 3109(a); and (B) the appropriation to be contributed by the Zuni Tribe on receipt by the Secretary (3) past, present, and future claims for the State of Arizona pursuant to paragraph from the Zuni Tribe of a written notice and water rights and injuries to water rights 7.6 of the Settlement Agreement. a tribal council resolution that describe the (including water rights in groundwater, sur- (2) ADDITIONAL DEPOSITS.—The Secretary purposes for which the funds will be used. face water, and effluent and including any shall deposit in the Fund any other monies (2) RIGHT TO SET OFF.—In the event the re- claims for damages for deprivation of water paid to the Secretary on behalf of the Zuni quirements of section 3109(a) have not been rights and any claims for changes to under- Tribe pursuant to the Settlement Agree- met and the Settlement Agreement has be- ground water table levels) from time imme- ment. come null and void under section 3109(b), the morial through the effective date described (b) MANAGEMENT OF THE FUND.—The Sec- United States shall be entitled to set off any in section 3109(a), and any time thereafter, retary shall manage the Fund, make invest- funds expended or withdrawn from the for lands outside of Zuni Lands but located ments from the Fund, and make monies amount appropriated pursuant to section within the Little Colorado River basin in Ar- available from the Fund for distribution to 3104(b)(1), together with any interest ac- izona, based upon aboriginal occupancy of the Zuni Tribe consistent with the American crued, against any claims asserted by the lands by the Zuni Tribe or its predecessors. Indian Trust Fund Management Reform Act Zuni Tribe against the United States relat- (c) TRIBAL WAIVERS AGAINST THE UNITED of 1994 (25 U.S.C. 4001 et seq.) (referred to in ing to water rights at the Zuni Heaven Res- STATES.—The Tribe is authorized, as part of this section as the ‘‘Trust Fund Reform ervation. the performance of its obligations under the Act’’), this subtitle, and the Settlement (3) WATER RIGHTS.—Any water rights ac- Settlement Agreement, to execute a waiver Agreement. quired with funds described in paragraph (1) and release, subject to paragraphs 11.4 and (c) INVESTMENT OF THE FUND.—The Sec- shall be credited against any water rights se- 11.6 of the Settlement Agreement, for claims retary shall invest amounts in the Fund in cured by the Zuni Tribe, or the United against the United States (acting in its ca- accordance with— States on behalf of the Zuni Tribe, for the pacity as trustee for the Zuni Tribe or its (1) the Act of April 1, 1880 (21 Stat. 70, ch. Zuni Heaven Reservation in the Little Colo- members, or otherwise acting on behalf of 41, 25 U.S.C. 161); rado River General Stream Adjudication or the Zuni Tribe or its members), including (2) the first section of the Act of June 24, in any future settlement of claims for those any agencies, officials, or employees thereof, 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and water rights. for any and all—

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.075 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11751 (1) past, present, and future claims to any lands within the Eastern LCR basin entity, corporation, or municipal corpora- water rights (including water rights in caused by— tion for— groundwater, surface water, and effluent) for (I) the lawful diversion or use of surface (A) all past and present common law Zuni Lands, from time immemorial through water; claims accruing from time immemorial the effective date described in section 3109(a) (II) the lawful withdrawal or use of under- through the effective date described in sec- and any time thereafter; ground water, except within the Zuni Protec- tion 3109(a) arising from or relating to water (2) past and present claims for injuries to tion Area, as provided in article 5 of the Set- quality in which the injury asserted is to the water rights (including water rights in tlement Agreement; Tribe’s interest in water, trust land, and nat- groundwater, surface water, and effluent and (III) the Parties’ performance of any obli- ural resources in the Little Colorado River any claims for damages for deprivation of gations under the Settlement Agreement; basin in the State of Arizona; and water rights) for Zuni Lands from time im- (IV) the discharge of oil associated with (B) all past and present natural resource memorial through the effective date de- routine physical or mechanical maintenance damage claims accruing through the effec- scribed in section 3109(a); of wells or diversion structures not incon- tive date described in section 3109(a) arising (3) past, present, and future claims for sistent with applicable law; from or relating to water quality in which water rights and injuries to water rights (V) the discharge of oil associated with the claim is based on injury to natural re- (including water rights in groundwater, sur- routine start-up and operation of well pumps sources or threat to natural resources in the face water, and effluent and any claims for not inconsistent with applicable law; or Little Colorado River basin in Arizona, only damages for deprivation of water rights) (VI) any combination of the causes de- for those cases in which the United States, from time immemorial through the effective scribed in subclauses (I) through (V). through the Secretary or other designated date described in section 3109(a), and any (2) CLAIMS OF THE UNITED STATES.—The Federal official, would act on behalf of the time thereafter, for lands outside of Zuni Tribe, on behalf of itself and its members, is Tribe as a natural resource trustee pursuant Lands but located within the Little Colorado authorized to waive its right to request that to the National Contingency Plan, as set River basin in Arizona, based upon aborigi- the United States bring— forth, as of the date of enactment of this nal occupancy of lands by the Zuni Tribe or (A) any claims for injuries to water quality Act, in section 300.600(b)(2) of title 40, Code of its predecessors; under the natural resource damage provi- Federal Regulations. (4) past and present claims for failure to sions of the Comprehensive Environmental (2) FUTURE CLAIMS.—As part of the per- protect, acquire, or develop water rights of, Response, Compensation, and Liability Act formance of its obligations under the Settle- or failure to protect water quality for, the of 1980 (42 U.S.C. 9601 et seq.), the Oil Pollu- ment Agreement, the United States waives Zuni Tribe within the Little Colorado River tion Act of 1990 (33 U.S.C. 2701 et seq.) or any and releases, subject to the retentions in basin in Arizona from time immemorial other applicable statute, for lands within the paragraphs 11.4, 11.6 and 11.7 of the Settle- through the effective date described in sec- Little Colorado River Basin in the State of ment Agreement, the State of Arizona, or tion 3109(a); and Arizona, accruing from time immemorial any agency or political subdivision thereof, (5) claims for breach of the trust responsi- through the effective date described in sec- or any other person, entity, corporation, or bility of the United States to the Zuni Tribe tion 3109(a); and municipal corporation for— arising out of the negotiation of the Settle- (B) any future claims for injuries or threat (A) all future common law claims arising of injury to water quality under the natural from or relating to water quality in which ment Agreement or this subtitle. resource damage provisions of the Com- the injury or threat of injury asserted is to (d) TRIBAL WAIVER OF WATER QUALITY prehensive Environmental Response, Com- the Tribe’s interest in water, trust land, and CLAIMS AND INTERFERENCE WITH TRUST pensation, and Liability Act of 1980 (42 natural resources in the Eastern LCR basin CLAIMS.— U.S.C. 9601 et seq.), the Oil Pollution Act of in Arizona accruing after the effective date (1) CLAIMS AGAINST THE STATE AND OTH- 1990 (33 U.S.C. 2701 et seq.), or any other ap- described in section 3109(a) caused by— ERS.— plicable statute, accruing after the effective (i) the lawful diversion or use of surface (A) INTERFERENCE WITH TRUST RESPONSI- date described in section 3109(a), for any water; BILITY.—The Tribe, on behalf of itself and its lands within the Eastern LCR basin, caused (ii) the lawful withdrawal or use of under- members, is authorized, as part of the per- by— ground water, except within the Zuni Protec- formance of its obligations under the Settle- (i) the lawful diversion or use of surface tion Area, as provided in article 5 of the Set- ment Agreement, to waive and release all water; tlement Agreement; claims against the State of Arizona, or any (ii) the lawful withdrawal or use of under- (iii) the Parties’ performance of any obli- agency or political subdivision thereof, or ground water, except within the Zuni Protec- gations under the Settlement Agreement; any other person, entity, corporation, or mu- tion Area, as provided in article 5 of the Set- (iv) the discharge of oil associated with nicipal corporation under Federal, State, or tlement Agreement; routine physical or mechanical maintenance other law, for claims of interference with the (iii) the Parties’ performance of any obli- of wells or diversion structures not incon- trust responsibility of the United States to gations under the Settlement Agreement; sistent with applicable law; the Zuni Tribe arising out of the negotiation (iv) the discharge of oil associated with (v) the discharge of oil associated with rou- of the Settlement Agreement or this sub- routine physical or mechanical maintenance tine start-up and operation of well pumps title. of wells or diversion structures not incon- not inconsistent with applicable law; or (B) INJURY OR THREAT OF INJURY TO WATER sistent with applicable law; (vi) any combination of the causes de- QUALITY.—The Tribe, on behalf of itself and (v) the discharge of oil associated with rou- scribed in clauses (i) through (v); and its members, is authorized, as part of the tine start-up and operation of well pumps (B) all future natural resource damage performance of its obligations under the Set- not inconsistent with applicable law; or claims accruing after the effective date de- tlement Agreement, to waive and release, (vi) any combination of the causes described in section 3109(a) arising from or re- subject to paragraphs 11.4, 11.6, and 11.7 of scribed in clauses (i) through (v). lating to water quality in which the claim is the Settlement Agreement, all claims (3) LIMITATIONS.—Notwithstanding the au- based on injury to natural resources or against the State of Arizona, or any agency thorization for the Tribe’s waiver of future threat to natural resources in the Eastern or political subdivision thereof, or any other water quality claims in paragraph (1)(B)(ii) LCR basin in Arizona, only for those cases in person, entity, corporation, or municipal and the waiver in paragraph (2)(B), the Tribe, which the United States, through the Sec- corporation under Federal, State, or other on behalf of itself and its members, retains retary or other designated Federal official, law, for— any statutory claims for injury or threat of would act on behalf of the Tribe as a natural (i) any and all past and present claims, in- injury to water quality under the Com- resource trustee pursuant to the National cluding natural resource damage claims prehensive Environmental Response, Com- Contingency Plan, as set forth, as of the date under the Comprehensive Environmental Re- pensation, and Liability Act of 1980 (42 of enactment of this Act, in section sponse, Compensation, and Liability Act of U.S.C. 9601 et seq.) and the Oil Pollution Act 300.600(b)(2) of title 40, Code of Federal Regu- 1980 (42 U.S.C. 9601 et seq.), the Oil Pollution of 1990 (33 U.S.C. 2701 et seq.), as described in lations, caused by— Act of 1990 (33 U.S.C. 2701 et seq.), or any subparagraph 11.4(D)(3) and (4) of the Settle- (i) the lawful diversion or use of surface other applicable statute, for injury to water ment Agreement, that accrue at least 30 water; quality accruing from time immemorial years after the effective date described in (ii) the lawful withdrawal or use of under- through the effective date described in sec- section 3109(a). ground water, except within the Zuni Protec- tion 3109(a), for lands within the Little Colo- (e) WAIVER OF UNITED STATES WATER QUAL- tion Area as provided in article 5 of the Set- rado River basin in the State of Arizona; and ITY CLAIMS RELATED TO SETTLEMENT LAND tlement Agreement; (ii) any and all future claims, including AND WATER.— (iii) the Parties’ performance of their obli- natural resource damage claims under the (1) PAST AND PRESENT CLAIMS.—As part of gations under this Settlement Agreement; Comprehensive Environmental Response, the performance of its obligations under the (iv) the discharge of oil associated with Compensation, and Liability Act of 1980 (42 Settlement Agreement, the United States routine physical or mechanical maintenance U.S.C. 9601 et seq.), the Oil Pollution Act of waives and releases, subject to the reten- of wells or diversion structures not incon- 1990 (33 U.S.C. 2701 et seq.), or any other ap- tions in paragraphs 11.4, 11.6 and 11.7 of the sistent with applicable law; plicable statute, for injury or threat of in- Settlement Agreement, all claims against (v) the discharge of oil associated with rou- jury to water quality, accruing after the ef- the State of Arizona, or any agency or polit- tine start-up and operation of well pumps fective date described in section 3109(a), for ical subdivision thereof, or any other person, not inconsistent with applicable law; or

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.075 S20PT2 S11752 CONGRESSIONAL RECORD — SENATE November 20, 2002 (vi) any combination of the causes de- (ii) until such date as the Zuni Tribe or entitlements to water of any Indian tribe, scribed in clauses (i) through (v). adopts a water code described in clause (i), band, or community, other than the Zuni In- (f) EFFECT.—Subject to subsections (b) and the Secretary, in consultation with the dian Tribe. (e), nothing in this subtitle or the Settle- State of Arizona, shall administer water use (g) NO MAJOR FEDERAL ACTION.— ment Agreement affects any right of the and water regulation on lands described in (1) IN GENERAL.—Execution of the Settle- United States, or the State of Arizona, to that clause in a manner that is reasonably ment Agreement by the Secretary as pro- take any actions, including enforcement ac- equivalent to State law (including statutes vided for in section 3104(a) shall not con- tions, under any laws (including regulations) relating to dam safety and groundwater stitute major Federal action under the Na- relating to human health, safety and the en- management). tional Environmental Policy Act (42 U.S.C. vironment. (2) LIMITATION.— 4321 et seq.). (A) IN GENERAL.—Except as provided in SEC. 3108. MISCELLANEOUS PROVISIONS. (2) SETTLEMENT AGREEMENT.—In imple- (a) WAIVER OF SOVEREIGN IMMUNITY.—If subparagraph (B), the Zuni Tribe or the menting the Settlement Agreement, the Sec- any party to the Settlement Agreement or a United States shall not sell, lease, transfer, retary shall comply with all aspects of— Pumping Protection Agreement files a law- or transport water made available for use on (A) the National Environmental Policy Act suit only relating directly to the interpreta- the Zuni Heaven Reservation to any other of 1969 (42 U.S.C. 4321 et seq.); tion or enforcement of this subtitle, the Set- place. (B) the Endangered Species Act of 1973 (16 tlement Agreement, an agreement described (B) EXCEPTION.—Water made available to U.S.C. 1531 et seq.); and in paragraph (1), (2), or (3) of section 3104(c), the Zuni Tribe or the United States for use (C) all other applicable environmental laws or a Pumping Protection Agreement, naming on the Zuni Heaven Reservation may be sev- (including regulations). the United States or the Tribe as a party, or ered and transferred from the Reservation to if any other landowner or water user in the other Zuni Lands if the severance and trans- SEC. 3109. EFFECTIVE DATE FOR WAIVER AND Little Colorado River basin in Arizona files a fer is accomplished in accordance with State RELEASE AUTHORIZATIONS. lawsuit only relating directly to the inter- law (and once transferred to any lands held (a) IN GENERAL.—The waiver and release pretation or enforcement of Article 11, the in fee, such water shall be subject to State authorizations contained in subsections (b) rights of de minimis users in subparagraph law). and (c) of section 3107 shall become effective 4.2.D or the rights of underground water (c) RIGHTS-OF-WAY.— as of the date the Secretary causes to be users under Article 5 of the Settlement (1) NEW AND FUTURE TRUST LAND.—The land published in the Federal Register a state- Agreement, naming the United States or the taken into trust under subsections (a) and ment of all the following findings: Tribe as a party— (b) of section 3105 shall be subject to existing (1) This subtitle has been enacted in a form (1) the United States, the Tribe, or both easements and rights-of-way. approved by the parties in paragraph 3.1.A of may be added as a party to any such litiga- (2) ADDITIONAL RIGHTS-OF-WAY.— the Settlement Agreement. tion, and any claim by the United States or (A) IN GENERAL.—Notwithstanding any (2) The funds authorized by section 3104(b) the Tribe to sovereign immunity from such other provision of law, the Secretary, in con- have been appropriated and deposited into suit is hereby waived, other than with re- sultation with the Tribe, shall grant addi- the Fund. spect to claims for monetary awards except tional rights-of-way or expansions of exist- (3) The State of Arizona has appropriated as specifically provided for in the Settlement ing rights-of-way for roads, utilities, and and deposited into the Fund the amount re- Agreement; and other accommodations to adjoining land- quired by paragraph 7.6 of the Settlement (2) the Tribe may waive its sovereign im- owners if— Agreement. munity from suit in the Superior Court of (i) the proposed right-of-way is necessary (4) The Zuni Indian Tribe has either pur- Apache County, Arizona for the limited pur- to the needs of the applicant; chased or acquired the right to purchase at poses of enforcing the terms of the Intergov- (ii) the proposed right-of-way will not least 2,350 acre-feet per annum of surface ernmental Agreement, and any intergovern- cause significant and substantial harm to water rights, or waived this condition as pro- mental agreement required to be entered the Tribe’s wetland restoration project or re- vided in paragraph 3.2 of the Settlement into by the Tribe under the terms of the ligious practices; and Agreement. Intergovernmental Agreement, other than (iii) the proposed right-of-way acquisition (5) Pursuant to subparagraph 3.1.D of the with respect to claims for monetary awards will comply with the procedures in part 169 Settlement Agreement, the severance and except as specifically provided in the Inter- of title 25, Code of Federal Regulations, not transfer of surface water rights that the governmental Agreement. inconsistent with this subsection and other Tribe owns or has the right to purchase have (b) TRIBAL USE OF WATER.— generally applicable Federal laws unrelated been conditionally approved, or the Tribe (1) IN GENERAL.—With respect to water to the acquisition of interests across trust has waived this condition as provided in rights made available under the Settlement lands. paragraph 3.2 of the Settlement Agreement. Agreement and used on the Zuni Heaven Res- (B) ALTERNATIVES.—If the criteria de- (6) Pursuant to subparagraph 3.1.E of the ervation— scribed in clauses (i) through (iii) of subpara- Settlement Agreement, the Tribe and Lyman (A) such water rights shall be held in trust graph (A) are not met, the Secretary may Water Company have executed an agreement by the United States in perpetuity, and shall propose an alternative right-of-way, or other relating to the process of the severance and not be subject to forfeiture or abandonment; accommodation that complies with the cri- transfer of surface water rights acquired by (B) State law shall not apply to water uses teria. the Zuni Tribe or the United States, the (d) CERTAIN CLAIMS PROHIBITED.—The on the Reservation; pass-through, use, or storage of the Tribe’s United States shall make no claims for reim- (C) the State of Arizona may not regulate surface water rights in Lyman Lake, and the bursement of costs arising out of the imple- or tax such water rights or uses (except that operation of Lyman Dam. mentation of this subtitle or the Settlement the court with jurisdiction over the decree (7) Pursuant to subparagraph 3.1.F of the Agreement against any Indian-owned land entered pursuant to the Settlement Agree- Settlement Agreement, all the parties to the within the Tribe’s Reservation, and no as- ment or the Norviel Decree Court may assess Settlement Agreement have agreed and stip- sessment shall be made in regard to such administrative fees for delivery of this ulated to certain Arizona Game and Fish ab- costs against such lands. water); (e) VESTED RIGHTS.—Except as described in stracts of water uses. (D) subject to paragraph 7.7 of the Settle- paragraph 5.3 of the Settlement Agreement (8) Pursuant to subparagraph 3.1.G of the ment Agreement, the Zuni Tribe shall use (recognizing the Zuni Tribe’s use of 1,500 Settlement Agreement, all parties to the water made available to the Zuni Tribe acre-feet per annum of groundwater) this Settlement Agreement have agreed to the lo- under the Settlement Agreement on the Zuni subtitle and the Settlement Agreement do cation of an observation well and that well Heaven Reservation for any use it deems ad- not create any vested right to groundwater has been installed. visable; under Federal or State law, or any priority (9) Pursuant to subparagraph 3.1.H of the (E) water use by the Zuni Tribe or the to the use of groundwater that would be su- Settlement Agreement, the Zuni Tribe, United States on behalf of the Zuni Tribe for perior to any other right or use of ground- Apache County, Arizona and the State of Ar- wildlife or instream flow use, or for irriga- water under Federal or State law, whether izona have executed an Intergovernmental tion to establish or maintain wetland on the through this subtitle, the Settlement Agree- Agreement that satisfies all of the condi- Reservation, shall be considered to be con- ment, or by incorporation of any abstract, tions in paragraph 6.2 of the Settlement sistent with the purposes of the Reservation; agreement, or stipulation prepared under the Agreement. and Settlement Agreement. Notwithstanding the (10) The Zuni Tribe has acquired title to (F)(i) not later than 3 years after the dead- preceding sentence, the rights of parties to the section of land adjacent to the Zuni line described in section 3109(b), the Zuni the agreements referred to in paragraph (1), Heaven Reservation described as Section 34, Tribe shall adopt a water code to be ap- (2), or (3) of section 3104(c) and paragraph 5.8 Township 14 North, Range 26 East, Gila and proved by the Secretary for regulation of of the Settlement Agreement, as among Salt River Base and Meridian. water use on the lands identified in sub- themselves, shall be as stated in those agree- (11) The Settlement Agreement has been sections (a) and (b) of section 3105 that is ments. modified if and to the extent it is in conflict reasonably equivalent to State water law (f) OTHER CLAIMS.—Nothing in the Settle- with this subtitle and such modification has (including statutes relating to dam safety ment Agreement or this subtitle quantifies been agreed to by all the parties to the Set- and groundwater management); and or otherwise affects the water rights, claims, tlement Agreement.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.075 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11753

(12) A court of competent jurisdiction has (3) GOVERNORS.—The term ‘‘Governors’’ SEC. 4104. SURVEY AND LEGAL DESCRIPTIONS. approved the Settlement Agreement by a means— (a) SURVEY.—Not later than 180 days after final judgment and decree. (A) the Governor of the Pueblo of Santa the date of enactment of this Act, the Office (b) DEADLINE FOR EFFECTIVE DATE.—If the Clara, New Mexico; and of Cadastral Survey of the Bureau of Land publication in the Federal Register required (B) the Governor of the Pueblo of San Management shall, in accordance with the under subsection (a) has not occurred by De- Ildefonso, New Mexico. Agreement, complete a survey of the bound- cember 31, 2006, sections 3104 and 3105, and (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ary line established under the Agreement for any agreements entered into pursuant to has the meaning given the term in section 4 the purpose of establishing, in accordance sections 3104 and 3105 (including the Settle- of the Indian Self-Determination and Edu- with sections 4102(b) and 4103(b), the bound- ment Agreement and the Intergovernmental cation Assistance Act (25 U.S.C. 450b). aries of the trust land. (b) LEGAL DESCRIPTIONS.— Agreement) shall not thereafter be effective (5) PUEBLOS.—The term ‘‘Pueblos’’ means— and shall be null and void. Any funds and the (A) the Pueblo of Santa Clara, New Mexico; (1) PUBLICATION.—On approval by the Gov- interest accrued thereon appropriated pursu- and ernors of the survey completed under subsection (a), the Secretary shall publish in the ant to section 3104(b)(2) shall revert to the (B) the Pueblo of San Ildefonso, New Mex- Federal Register— Treasury, and any funds and the interest ac- ico. (A) a legal description of the boundary crued thereon appropriated pursuant to para- (6) TRUST LAND.—The term ‘‘trust land’’ line; and graph 7.6 of the Settlement Agreement shall means the land held by the United States in (B) legal descriptions of the trust land. revert to the State of Arizona. trust under section 4102(a) or 4103(a). Subtitle B—Quinault Indian Nation (2) TECHNICAL CORRECTIONS.—Before the SEC. 4102. TRUST FOR THE PUEBLO OF SANTA date on which the legal descriptions are pub- CLARA, NEW MEXICO. SEC. 3201. QUINAULT INDIAN NATION WATER lished under paragraph (1)(B), the Secretary FEASIBILITY STUDY. (a) IN GENERAL.—All right, title, and inter- may correct any technical errors in the de- (a) IN GENERAL.—The Secretary of the In- est of the United States in and to the land scriptions of the trust land provided in sec- terior may carry out a water source, quan- described in subsection (b), including im- tions 4102(b) and 4103(b) to ensure that the tity, and quality feasibility study for the provements on, appurtenances to, and min- descriptions are consistent with the terms of Quinault Indian Nation, to identify ways to eral rights (including rights to oil and gas) the Agreement. meet the current and future domestic and to the land, shall be held by the United (3) EFFECT.—Beginning on the date on commercial water supply and distribution States in trust for the Pueblo of Santa Clara, which the legal descriptions are published needs of the Quinault Indian Nation on the New Mexico. under paragraph (1)(B), the legal descriptions Olympic Peninsula, Washington. (b) DESCRIPTION OF LAND.—The land re- (b) PUBLIC AVAILABILITY OF RESULTS.—As ferred to in subsection (a) consists of ap- shall be the official legal descriptions of the soon as practicable after completion of a fea- proximately 2,484 acres of Bureau of Land trust land. sibility study under subsection (a), the Sec- Management land located in Rio Arriba SEC. 4105. ADMINISTRATION OF TRUST LAND. retary of the Interior shall— County, New Mexico, and more particularly (a) IN GENERAL.—Effective beginning on (1) publish in the Federal Register a notice described as— the date of enactment of this Act— of the availability of the results of the feasi- (1) the portion of T. 20 N., R. 7 E., sec. 22, (1) the land held in trust under section bility study; and New Mexico Principal Meridian, that is lo- 4102(a) shall be declared to be a part of the (2) make available to the public, on re- cated north of the boundary line; Santa Clara Indian Reservation; and quest, the results of the feasibility study. (2) the southern half of T. 20 N., R. 7 E., (2) the land held in trust under section 4103(a) shall be declared to be a part of the Subtitle C—Santee Sioux Tribe of Nebraska sec. 23, New Mexico Principal Meridian; San Ildefonso Indian Reservation. Rural Water System Feasibility Study (3) the southern half of T. 20 N., R. 7 E., sec. 24, New Mexico Principal Meridian; (b) APPLICABLE LAW.— SEC. 3301. STUDY; REPORT. (4) T. 20 N., R. 7 E., sec. 25, excluding the (1) IN GENERAL.—The trust land shall be ad- (a) STUDY.—Pursuant to reclamation laws, ministered in accordance with any law the Secretary of the Interior (referred to in 5–acre tract in the southeast quarter owned by the Pueblo of San Ildefonso; (including regulations) or court order gen- this subtitle as the ‘‘Secretary’’), through erally applicable to property held in trust by the Bureau of Reclamation and in consulta- (5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico Principal Meridian, that is lo- the United States for Indian tribes. tion with the Santee Sioux Tribe of Ne- (2) PUEBLO LANDS ACT.—The following shall braska (referred to in this subtitle as the cated north and east of the boundary line; (6) the portion of T. 20 N., R. 7 E., sec. 27, be subject to section 17 of the Act of June 7, ‘‘Tribe’’), shall conduct a feasibility study to 1924 (commonly known as the ‘‘Pueblo Lands determine the most feasible method of devel- New Mexico Principal Meridian, that is located north of the boundary line; Act’’) (25 U.S.C. 331 note): oping a safe and adequate municipal, rural, (A) The trust land. and industrial water treatment and distribu- (7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico Principal Meridian, that is not (B) Any land owned as of the date of enact- tion system for the Santee Sioux Tribe of ment of this Act or acquired after the date of Nebraska that could serve the tribal commu- included in the Santa Clara Pueblo Grant or the Santa Clara Indian Reservation; and enactment of this Act by the Pueblo of nity and adjacent communities and incor- Santa Clara in the Santa Clara Pueblo porate population growth and economic de- (8) the portion of T. 20 N., R. 8 E., sec. 30, that is not included in the Santa Clara Pueb- Grant. velopment activities for a period of 40 years. (C) Any land owned as of the date of enact- (b) COOPERATIVE AGREEMENT.—At the re- lo Grant or the San Ildefonso Grant. ment of this Act or acquired after the date of quest of the Tribe, the Secretary shall enter SEC. 4103. TRUST FOR THE PUEBLO OF SAN enactment of this Act by the Pueblo of San into a cooperative agreement with the Tribe ILDEFONSO, NEW MEXICO. Ildefonso in the San Ildefonso Pueblo Grant. for activities necessary to conduct the study (a) IN GENERAL.—All right, title, and inter- (c) USE OF TRUST LAND.— required by subsection (a) regarding which est of the United States in and to the land described in subsection (b), including im- (1) IN GENERAL.—Subject to the criteria de- the Tribe has unique expertise or knowledge. veloped under paragraph (2), the trust land (c) REPORT.—Not later than 1 year after provements on, appurtenances to, and min- may be used only for— funds are made available to carry out this eral rights (including rights to oil and gas) (A) traditional and customary uses; or subtitle, the Secretary shall submit to Con- to the land, shall be held by the United (B) stewardship conservation for the ben- gress a report containing the results of the States in trust for the Pueblo of San efit of the Pueblo for which the trust land is study required by subsection (a). Ildefonso, New Mexico. (b) DESCRIPTION OF LAND.—The land re- held in trust. SEC. 3302. AUTHORIZATION OF APPROPRIATIONS. ferred to in subsection (a) consists of ap- (2) CRITERIA.—The Secretary shall work There is authorized to be appropriated to proximately 2,000 acres of Bureau of Land with the Pueblos to develop appropriate cri- the Secretary $500,000 to carry out this sub- Management land located in Rio Arriba teria for using the trust land in a manner title. County and Santa Fe County in the State of that preserves the trust land for traditional TITLE IV—LAND PROVISIONS New Mexico, and more particularly described and customary uses or stewardship conserva- Subtitle A—Agreement To Affirm Boundary as— tion. Between Pubelo of Santa Clara and Pueblo (1) the portion of T. 20 N., R. 7 E., sec. 22, (3) LIMITATION.—Beginning on the date of of San ildefonso Aboriginal Land Within New Mexico Principal Meridian, that is lo- enactment of this Act, the trust land shall Garcia Canyon Tract cated south of the boundary line; not be used for any new commercial develop- SEC. 4101. DEFINITIONS. (2) the portion of T. 20 N., R. 7 E., sec. 26, ments. In this subtitle: New Mexico Principal Meridian, that is lo- SEC. 4106. EFFECT. (1) AGREEMENT.—The term ‘‘Agreement’’ cated south and west of the boundary line; Nothing in this subtitle— means the agreement entitled ‘‘Agreement (3) the portion of T. 20 N., R. 7 E., sec. 27, (1) affects any valid right-of-way, lease, to Affirm Boundary Between Pueblo of Santa New Mexico Principal Meridian, that is lo- permit, mining claim, grazing permit, water Clara and Pueblo of San Ildefonso Aboriginal cated south of the boundary line; right, or other right or interest of a person Lands Within Garcia Canyon Tract’’, entered (4) T. 20 N., R. 7 E., sec. 34, New Mexico or entity (other than the United States) that into by the Governors on December 20, 2000. Principal Meridian; and is— (2) BOUNDARY LINE.—The term ‘‘boundary (5) the portion of T. 20 N., R. 7 E., sec. 35, (A) in or to the trust land; and line’’ means the boundary line established New Mexico Principal Meridian, that is not (B) in existence before the date of enact- under section 4104(a). included in the San Ildefonso Pueblo Grant. ment of this Act;

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.075 S20PT2 S11754 CONGRESSIONAL RECORD — SENATE November 20, 2002 (2) enlarges, impairs, or otherwise affects a ‘‘(B) no grant, lease, exploration or devel- 85 acres in San Diego County, California, and right or claim of the Pueblos to any land or opment agreement, or other conveyance of described more particularly as follows: San interest in land that is— the land (or any interest in the land) that is Bernardino Base and Meridian; T. 14 S., R. 1 (A) based on Aboriginal or Indian title; and authorized by the governing body of the E.; sec. 21: W1⁄2SE1⁄4, 68 acres; NW1⁄4NW1⁄4, 17 (B) in existence before the date of enact- Tribe shall be subject to approval by the Sec- acres. ment of this Act; retary of the Interior or any other Federal (c) GAMING.—The land taken into trust by (3) constitutes an express or implied res- official.’’. subsection (a) shall neither be considered to ervation of water or water right with respect SEC. 4204. RESERVATION LAND OF THE COW have been taken into trust for gaming, nor to the trust land; or CREEK BAND OF UMPQUA TRIBE OF be used for gaming (as that term is used in (4) affects any water right of the Pueblos INDIANS. the Indian Gaming Regulatory Act (25 U.S.C. in existence before the date of enactment of Section 7 of the Cow Creek Band of Ump- 2701 et seq.). this Act. qua Tribe of Indians Recognition Act (25 SEC. 4208. AGREEMENT WITH DRY PRAIRIE Subtitle B—Additional Land Provisions U.S.C. 712e) is amended in the third sentence RURAL WATER ASSOCIATION, IN- by inserting before the period at the end the CORPORATED. SEC. 4201. INDIAN LAND CONSOLIDATION ACT AMENDMENTS. following: ‘‘, and shall be treated as on-res- Any agreement between the Tribe and Dry (a) TECHNICAL CORRECTION.—Section ervation land for the purpose of processing Prairie Rural Water Association, Incor- 206(c)(2)(B) of the Indian Land Consolidation acquisitions of real property into trust’’. porated (or any non-Federal successor enti- Act (25 U.S.C. 2205(c)(2)(B)) is amended by SEC. 4205. DISPOSITION OF FEE LAND OF THE ty) for the use of water to meet the needs of striking ‘‘207(a)(6)(B) of this Act’’ and insert- SEMINOLE TRIBE OF FLORIDA. the Dry Prairie system that is entered into ing ‘‘207(a)(6)’’. (a) TRANSACTIONS.—The Seminole Tribe of under section 5 of the Fort Peck Reservation (b) EFFECTIVE DATE.—Section 207(g) of the Florida may mortgage, lease, sell, convey, Rural Water System Act of 2000 (114 Stat. Indian Land Consolidation Act (25 U.S.C. warrant, or otherwise transfer all or any 1454)— 2206(g)) is amended by striking paragraph (5) part of any interest in any real property (1) is approved by Congress; and and inserting the following: that— (2) shall be approved and executed by the ‘‘(5) EFFECTIVE DATE.— (1) was held by the Tribe on September 1, Secretary. ‘‘(A) IN GENERAL.—Except as provided in 2002; and TITLE V—LEASING PROVISIONS subparagraph (B), this section shall not (2) is not held in trust by the United States apply to the estate of an individual who dies for the benefit of the Tribe. SEC. 5001. AUTHORIZATION OF 99-YEAR LEASES FOR CONFEDERATED TRIBES OF (b) NO FURTHER APPROVAL REQUIRED.— before the date that is 1 year after the date THE UMATILLA INDIAN RESERVA- on which the Secretary makes the certifi- Transactions under subsection (a) shall be TION. valid without further approval, ratification, cation required under paragraph (4). (a) IN GENERAL.—Subsection (a) of the first ‘‘(B) APPROVAL.—Subsection (e) takes ef- or authorization by the United States. section of the Act of August 9, 1955 (25 U.S.C. (c) TRUST LAND NOT AFFECTED.—Nothing fect on November 7, 2000.’’. 415(a)) is amended in the second sentence— in this section is intended or shall be con- (c) TRUST AND RESTRICTED LAND TRANS- (1) by inserting ‘‘the reservation of the strued to— ACTIONS.—Section 217(c) of the Indian Land Confederated Tribes of the Umatilla Indian (1) authorize the Seminole Tribe of Florida Consolidation Act (25 U.S.C. 2216(c)) is Reservation,’’ before ‘‘the Burns Paiute Res- to mortgage, lease, sell, convey, warrant, or amended— ervation,’’; otherwise transfer all or any part of an in- (1) by striking the subsection heading and (2) by inserting ‘‘the’’ before ‘‘Yavapai- terest in any real property that is held in all that follows through the end of the first Prescott’’; and trust by the United States for the benefit of sentence and inserting the following: (3) by striking ‘‘Washington,,’’ and insert- ‘‘(c) ACQUISITION OF INTEREST BY SEC- the Tribe; or ing ‘‘Washington,’’. RETARY.— (2) affect the operation of any law gov- (b) EFFECTIVE DATE.—The amendments ‘‘(1) REQUEST.— erning mortgaging, leasing, selling, con- made by subsection (a) apply to any lease en- ‘‘(A) IN GENERAL.—An Indian, or the recog- veying, warranting, or otherwise transfer- tered into on, or renewed after, the date of nized tribal government of a reservation, ring any interest in such trust land. enactment of this Act. that is in possession of any portion of the fee SEC. 4206. DISPOSITION OF FEE LAND OF THE interest in a parcel of land described in sub- SHAKOPEE MDEWAKANTON SIOUX SEC. 5002. AUTHORIZATION OF 99-YEAR LEASES paragraph (B) may request that the interest COMMUNITY. FOR YUROK TRIBE AND HOPLAND BAND OF POMO INDIANS. be taken into trust by the Secretary. (a) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—The first section of the ‘‘(B) LAND.—A parcel of land described in other provision of law, without further au- Act entitled ‘‘An Act to authorize the leas- this subparagraph is any parcel of land— thorization by the United States, the ing of restricted Indian lands for public, reli- ‘‘(i) that is located within a reservation; Shakopee Mdewakanton Sioux Community gious, educational, recreational, residential, and in the State of Minnesota (referred to in this business, and other purposes requiring the ‘‘(ii) at least a portion of the ownership in- section as the ‘‘Community’’) may lease, grant of long-term leases’’, approved August terest in which is held by the Secretary, in sell, convey, warrant, or otherwise transfer 9, 1955 (25 U.S.C. 415(a)) is amended by insert- trust or restricted status, on November 7, all or any part of the interest of the Commu- ing ‘‘lands held in trust for the Yurok Tribe, 2000.’’; and nity in or to any real property that is not lands held in trust for the Hopland Band of (2) in the second sentence, by striking held in trust by the United States for the Pomo Indians of the Hopland Rancheria,’’ ‘‘Upon’’ and inserting the following: benefit of the Community. after ‘‘Pueblo of Santa Clara,’’. ‘‘(2) INTEREST.—Upon’’. (b) TRUST LAND NOT AFFECTED.—Nothing in this section— (b) EFFECTIVE DATE.—The amendment SEC. 4202. MISSISSIPPI BAND OF CHOCTAW INDI- made by subsection (a) shall apply to any ANS. (1) authorizes the Community to lease, Section 1(a)(2) of Public Law 106–228 (114 sell, convey, warrant, or otherwise transfer lease entered into or renewed after the date Stat. 462) is amended by striking ‘‘report en- all or part of an interest in any real property of the enactment of this Act. titled’’ and all that follows through ‘‘is here- that is held in trust by the United States for SEC. 5003. LEASE OF TRIBALLY-OWNED LAND BY by declared’’ and inserting the following: the benefit of the Community; or ASSINIBOINE AND SIOUX TRIBES OF ‘‘report entitled ‘Report of May 17, 2002, (2) affects the operation of any law gov- THE FORT PECK RESERVATION. Clarifying and Correcting Legal Descriptions erning leasing, selling, conveying, war- The first section of the Act of August 9, or Recording Information for Certain Lands ranting, or otherwise transferring any inter- 1955 (25 U.S.C. 415) is amended by adding at placed into Trust and Reservation Status for est in that trust land. the end the following: ‘‘(g) LEASE OF TRIBALLY-OWNED LAND BY the Mississippi Band of Choctaw Indians by SEC. 4207. FACILITATION OF CONSTRUCTION OF Section 1(a)(2) of Pub. L. 106–228, as amended PIPELINE TO PROVIDE WATER FOR ASSINIBOINE AND SIOUX TRIBES OF THE FORT by Title VIII, Section 811 of Pub. L. 106–568’, EMERGENCY FIRE SUPPRESSION PECK RESERVATION.— on file in the Office of the Superintendent, AND OTHER PURPOSES. ‘‘(1) IN GENERAL.—Notwithstanding sub- Choctaw Agency, Bureau of Indian Affairs, (a) IN GENERAL.—Notwithstanding any section (a) and any regulations under part Department of the Interior, is declared’’. other provision of law, subject to valid exist- 162 of title 25, Code of Federal Regulations, SEC. 4203. REMOVAL OF RESTRICTIONS ON UTE ing rights under Federal and State law, the subject to paragraph (2), the Assiniboine and TRIBE OF THE UINTAH AND OURAY land described in subsection (b), fee title to Sioux Tribes of the Fort Peck Reservation RESERVATION LAND. which is held by the Barona Band of Mission may lease to the Northern Border Pipeline Section 3405(c) of the Strom Thurmond Na- Indians of California (referred to in this sec- Company tribally-owned land on the Fort tional Defense Authorization Act for Fiscal tion as the ‘‘Band’’)— Peck Indian Reservation for 1 or more inter- Year 1999 (10 U.S.C. 7420 note; Public Law (1) is declared to be held in trust by the state gas pipelines. 105–261) is amended by striking paragraph (3) United States for the benefit of the Band; ‘‘(2) CONDITIONS.—A lease entered into and inserting the following: and under paragraph (1)— ‘‘(3) With respect to the land conveyed to (2) shall be considered to be a portion of ‘‘(A) shall commence during fiscal year the Tribe under subsection (b)— the reservation of the Band. 2011 for an initial term of 25 years; ‘‘(A) the land shall not be subject to any (b) LAND.—The land referred to in sub- ‘‘(B) may be renewed for an additional Federal restriction on alienation; and section (a) is land comprising approximately term of 25 years; and

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.075 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11755 ‘‘(C) shall specify in the terms of the lease (A) is 18 years of age or older as of the date (II) on or before the date of enactment of an annual rental rate— on which the payment roll is approved by the this Act. ‘‘(i) which rate shall be increased by 3 per- Community; or (B) INDIVIDUALS INELIGIBLE TO RECEIVE PAY- cent per year on a cumulative basis for each (B) will reach 18 years of age not later than MENTS.—The following individuals shall be 5-year period; and 30 days after the date on which the payment ineligible to be listed on the payment roll ‘‘(ii) the adjustment of which in accord- roll is approved by the Community. and ineligible to receive a per capita pay- ance with clause (i) shall be considered to (2) COMMUNITY.—The term ‘‘Community’’ ment under subsection (a): satisfy any review requirement under part means the Gila River Indian Community. (i) Any individual who, before the date on 162 of title 25, Code of Federal Regulations.’’. (3) COMMUNITY-OWNED FUNDS.—The term which the Community approves the payment SEC. 5004. LEASES OF RESTRICTED LAND. ‘‘Community-owned funds’’ means— roll, relinquished membership in the Com- munity. Subsection (a) of the first section of the (A) funds held in trust by the Secretary as (ii) Any minor who relinquishes member- Act of August 9, 1955 (25 U.S.C. 415(a)) is of the date of enactment of this Act that ship in the Community, or whose parent or amended by adding at the end the following: may be made available to make payments legal guardian relinquishes membership on ‘‘Notwithstanding any other provision of under section 6101; or behalf of the minor, before the date on which law, no approval by the Secretary shall be (B) revenues held by the Community that— the minor reaches 18 years of age. required for any new lease, or for renewal of (i) are derived from trust resources; and (iii) Any individual who is disenrolled by any existing lease, of land under this sub- (ii) qualify for an exemption under section the Community for just cause (such as dual section if the lease, including all periods cov- 7 or 8 of the Indian Tribal Judgment Funds enrollment or failure to meet the eligibility ered by any renewal, is for an aggregate Use or Distribution Act (25 U.S.C. 1407, 1408). requirements for enrollment). term of less than 7 years.’’. (4) IIM ACCOUNT.—The term ‘‘IIM account’’ means an individual Indian money account. (iv) Any individual who is determined or TITLE VI—JUDGMENT FUND (5) JUDGMENT FUNDS.—The term ‘‘judgment certified by the Secretary to be eligible to DISTRIBUTION funds’’ means the aggregate amount awarded receive a per capita payment of funds relat- Subtitle A—Gila River Indian Community to the Community by the Court of Federal ing to a judgment— Judgment Fund Distribution Claims in Dockets Nos. 236–C and 236–D. (I) awarded to another community, Indian tribe, or tribal entity; and SEC. 6001. SHORT TITLE. (6) LEGALLY INCOMPETENT INDIVIDUAL.—The term ‘‘legally incompetent individual’’ (II) appropriated on or before the date of This subtitle may be cited as the ‘‘Gila means an individual who has been deter- enactment of this Act. River Indian Community Judgment Fund mined to be incapable of managing his or her (v) Any individual who is not enrolled as a Distribution Act of 2002’’. own affairs by a court of competent jurisdic- member of the Community on or before the SEC. 6002. FINDINGS. tion. date that is 90 days after the date of enact- Congress finds that— (7) MINOR.—The term ‘‘minor’’ means an ment of this Act. (1) on August 8, 1951, the Gila River Indian individual who is not an adult. (c) NOTICE TO SECRETARY.—On approval by Community filed a complaint before the In- (8) PAYMENT ROLL.—The term ‘‘payment the Community of the payment roll, the dian Claims Commission in Gila River Pima- roll’’ means the list of eligible, enrolled Community shall submit to the Secretary a Maricopa Indian Community v. United members of the Community who are eligible notice that indicates the total number of in- States, Docket No. 236, for the failure of the to receive a payment under section 6101(a), dividuals eligible to share in the per capita United States to carry out its obligation to as prepared by the Community under section distribution under subsection (a), as ex- protect the use by the Community of water 6101(b). pressed in subdivisions that reflect— (1) the number of shares that are attrib- from the Gila River and the Salt River in the (9) SECRETARY.—The term ‘‘Secretary’’ State of Arizona; means the Secretary of the Interior. utable to eligible living adult Community (2) except for Docket Nos. 236–C and 236–D, members; and CHAPTER 1—GILA RIVER JUDGMENT (2) the number of shares that are attrib- which remain undistributed, all 14 original FUND DISTRIBUTION dockets under Docket No. 236 have been re- utable to deceased individuals, legally in- SEC. 6101. DISTRIBUTION OF JUDGMENT FUNDS. solved and distributed; competent individuals, and minors. (a) PER CAPITA PAYMENTS.—Notwith- (3) in Gila River Pima-Maricopa Indian (d) INFORMATION PROVIDED TO SECRETARY.— standing the Indian Tribal Judgment Funds Community v. United States, 29 Ind. Cl. The Community shall provide to the Sec- Use or Distribution Act (25 U.S.C. 1401 et Comm. 144 (1972), the Indian Claims Commis- retary enrollment information necessary to seq.) or any other provision of law (including sion held that the United States, as trustee, allow the Secretary to establish— any regulation promulgated or plan devel- was liable to the Community with respect to (1) estate accounts for deceased individuals oped under such a law), the amounts paid in the claims made in Docket No. 236–C; described in subsection (c)(2); and satisfaction of an award granted to the Gila (4) in Gila River Pima-Maricopa Indian (2) IIM accounts for legally incompetent River Indian Community in Dockets Nos. Community v. United States, 684 F.2d 852 individuals and minors described in sub- 236–C and 236–D before the United States (1982), the United States Claims Court held section (c)(2). Court of Federal Claims, less attorney fees (e) DISBURSEMENT OF FUNDS.— that the United States, as trustee, was liable and litigation expenses and including all ac- (1) IN GENERAL.—Not later than 30 days to the Community with respect to the claims crued interest, shall be distributed in the after the date on which the payment roll is made in Docket No. 236–D; form of per capita payments (in amounts as approved by the Community and the Com- (5) with the approval of the Community equal as practicable) to all eligible enrolled munity has reconciled the number of shares under Community Resolution GR–98–98, the members of the Community. that belong in each payment subdivision de- Community entered into a settlement with (b) PREPARATION OF PAYMENT ROLL.— scribed in subsection (c), the Secretary shall the United States on April 27, 1999, for (1) IN GENERAL.—The Community shall pre- disburse to the Community the funds nec- claims made under Dockets Nos. 236–C and pare a payment roll of eligible, enrolled essary to make the per capita distribution 236–D for an aggregate total of $7,000,000; members of the Community that are eligible under subsection (a) to eligible living adult (6) on May 3, 1999, the United States Court to receive payments under this section in ac- members of the Community described in sub- of Federal Claims ordered that a final judg- cordance with the criteria described in para- section (c)(1). ment be entered in consolidated Dockets graph (2). (2) ADMINISTRATION AND DISTRIBUTION.—On Nos. 236–C and 236–D for $7,000,000 in favor of (2) CRITERIA.— disbursement of the funds under paragraph the Community and against the United (A) INDIVIDUALS ELIGIBLE TO RECEIVE PAY- (1), the Community shall bear sole responsi- States; MENTS.—Subject to subparagraph (B), the bility for administration and distribution of (7)(A) on October 6, 1999, the Department of following individuals shall be eligible to be the funds. the Treasury certified the payment of listed on the payment roll and eligible to re- (f) SHARES OF DECEASED INDIVIDUALS.— $7,000,000, less attorney fees, to be deposited ceive a per capita payment under subsection (1) IN GENERAL.—The Secretary, in accord- in a trust account on behalf of the Commu- (a): ance with regulations promulgated by the nity; and (i) All enrolled Community members who Secretary and in effect as of the date of en- (B) that payment was deposited in a trust are eligible to be listed on the per capita actment of this Act, shall distribute to the account managed by the Office of Trust payment roll that was approved by the Sec- appropriate heirs and legatees of deceased Funds Management of the Department of the retary for the distribution of the funds individuals described in subsection (c)(2) the Interior; and awarded to the Community in Docket No. per capita shares of those deceased individ- (8) in accordance with the Indian Tribal 236–N (including any individual who was in- uals. Judgment Funds Use or Distribution Act (25 advertently omitted from that roll). (2) ABSENCE OF HEIRS AND LEGATEES.—If the U.S.C. 1401 et seq.), the Secretary is required (ii) All enrolled Community members who Secretary and the Community make a final to submit an Indian judgment fund use or are living on the date of enactment of this determination that a deceased individual de- distribution plan to Congress for approval. Act. scribed in subsection (c)(2) has no heirs or SEC. 6003. DEFINITIONS. (iii) All enrolled Community members who legatees, the per capita share of the deceased In this subtitle: died— individual and the interest earned on that (1) ADULT.—The term ‘‘adult’’ means an in- (I) after the effective date of the payment share shall— dividual who— plan for Docket No. 236–N; but (A) revert to the Community; and

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.076 S20PT2 S11756 CONGRESSIONAL RECORD — SENATE November 20, 2002

(B) be deposited into the general fund of restored to Community ownership if, for any (b) CONDITIONS.— the Community. reason— (1) PER CAPITA ASPECT.—Notwithstanding (g) SHARES OF LEGALLY INCOMPETENT INDI- (A) subject to subsection (i), the share can- any other provision of law, the Community VIDUALS.— not be paid to the individual entitled to re- shall modify the last sentence of the para- (1) IN GENERAL.—The Secretary shall de- ceive the share; and graph under the heading ‘‘Per Capita As- posit the shares of legally incompetent indi- (B) the share remains unclaimed for the 6- pect’’ in the plan to read as follows: ‘‘Upon viduals described in subsection (c)(2) in su- year period beginning on the date on which request from the Community, any residual pervised IIM accounts. the individual became eligible to receive the principal and interest funds remaining after (2) ADMINISTRATION.—The IIM accounts de- share. the Community has declared the per capita scribed in paragraph (1) shall be adminis- (2) REQUEST BY COMMUNITY.—In accordance distribution complete shall be disbursed to, tered in accordance with regulations and with subsection (j), the Community may re- and deposited in the general fund of, the procedures established by the Secretary and quest that unclaimed funds described in Community.’’. in effect as of the date of enactment of this paragraph (1)(B) be disbursed to, and depos- (2) GENERAL PROVISIONS.—Notwithstanding Act. ited in the general fund of, the Community. any other provision of law, the Community (h) SHARES OF MINORS.— SEC. 6102. RESPONSIBILITY OF SECRETARY; AP- shall— (1) IN GENERAL.—The Secretary shall de- PLICABLE LAW. (A) modify the third sentence of the first posit the shares of minors described in sub- (a) RESPONSIBILITY FOR FUNDS.—After the paragraph under the heading ‘‘General Provi- section (c)(2) in supervised IIM accounts. date on which funds are disbursed to the sions’’ of the plan to strike the word (2) ADMINISTRATION.— Community under section 6101(e)(1), the ‘‘minors’’; and (A) IN GENERAL.—The Secretary shall hold United States and the Secretary shall have (B) insert between the first and second the per capita share of a minor described in no trust responsibility for the investment, paragraphs under that heading the following: subsection (c)(2) in trust until such date as supervision, administration, or expenditure ‘‘Section 3(b)(3) of the Indian Tribal Judg- the minor reaches 18 years of age. of the funds disbursed. ment Funds Use or Distribution Act (25 (B) NONAPPLICABLE LAW.—Section 3(b)(3) of (b) DECEASED AND LEGALLY INCOMPETENT U.S.C. 1403(b)(3)) shall not apply to any per the Indian Tribal Judgment Funds Use or INDIVIDUALS.—Funds subject to subsections capita share of a minor that is held, as of the Distribution Act (25 U.S.C. 1403(b)(3)) shall (f) and (g) of section 6101 shall continue to be date of enactment of the Gila River Indian not apply to any per capita share of a minor held in trust by the Secretary until the date Community Judgment Fund Distribution that is held by the Secretary under this sub- on which those funds are disbursed under Act of 2002, by the Secretary. The Secretary title. this subtitle. shall hold a per capita share of a minor in (C) DISBURSEMENT.—No judgment funds, (c) APPLICABILITY OF OTHER LAW.—Except trust until such date as the minor reaches 18 nor any interest earned on judgment funds, as otherwise provided in this subtitle, all years of age. No judgment funds, or any in- shall be disbursed from the account of a funds distributed under this subtitle shall be terest earned on judgment funds, shall be minor described in subsection (c)(2) until subject to sections 7 and 8 of the Indian Trib- disbursed from the account of a minor until such date as the minor reaches 18 years of al Judgment Funds Use or Distribution Act such date as the minor reaches 18 years of age. (25 U.S.C. 1407, 1408). age.’’. (i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT CHAPTER 2—CONDITIONS RELATING TO CHAPTER 3—EXPERT ASSISTANCE LOANS LISTED ON PAYMENT ROLL.— COMMUNITY JUDGMENT FUND PLANS SEC. 6121. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO GILA RIVER (1) IN GENERAL.—An individual who is not SEC. 6111. PLAN FOR USE AND DISTRIBUTION OF INDIAN COMMUNITY. listed on the payment roll, but is eligible to JUDGMENT FUNDS AWARDED IN receive a payment under this subtitle, as de- DOCKET NO. 228. Notwithstanding any other provision of law— termined by the Community, may be paid (a) DEFINITION OF PLAN.—In this section, from any remaining judgment funds after the term ‘‘plan’’ means the plan for the use (1) the balance of all outstanding expert as- the date on which— and distribution of judgment funds awarded sistance loans made to the Community under (A) the Community makes the per capita to the Community in Docket No. 228 of the Public Law 88–168 (77 Stat. 301) and relating distribution under subsection (a); and United States Claims Court (52 Fed. Reg. 6887 to Gila River Indian Community v. United (B) all appropriate IIM accounts are estab- (March 5, 1987)), as modified in accordance States (United States Court of Federal lished under subsections (g) and (h). with Public Law 99–493 (100 Stat. 1241). Claims Docket Nos. 228 and 236 and associ- (2) INSUFFICIENT FUNDS.—If insufficient (b) CONDITIONS.—Notwithstanding any ated subdockets) are canceled; and judgment funds remain to cover the cost of a other provision of law, the Community shall (2) the Secretary shall take such action as payment described in paragraph (1), the modify the plan to include the following con- is necessary— Community may use Community-owned ditions with respect to funds distributed (A) to document the cancellation of loans funds to make the payment. under the plan: under paragraph (1); and (3) MINORS, LEGALLY INCOMPETENT INDIVID- (1) APPLICABILITY OF OTHER LAW RELATING (B) to release the Community from any li- UALS, AND DECEASED INDIVIDUALS.—In a case TO MINORS.—Section 3(b)(3) of the Indian ability associated with those loans. in which a payment described in paragraph Tribal Judgment Funds Use or Distribution Subtitle B—Assiniboine and Sioux Tribes of (2) is to be made to a minor, a legally incom- Act (25 U.S.C. 1403(b)(3)) shall not apply to the Fort Peck Reservation Judgment Fund petent individual, or a deceased individual, any per capita share of a minor that is held, Distribution the Secretary— as of the date of enactment of this Act, by SEC. 6201. SHORT TITLE. (A) is authorized to accept and deposit the Secretary. This subtitle may be cited as the funds from the payment in an IIM account or (2) SHARE OF MINORS IN TRUST.—The Sec- ‘‘Assiniboine and Sioux Tribes of the Fort estate account established for the minor, le- retary shall hold a per capita share of a Peck Reservation Judgment Fund Distribu- gally incompetent individual, or deceased in- minor described in paragraph (1) in trust tion Act of 2002’’. dividual; and until such date as the minor reaches 18 years SEC. 6202. FINDINGS AND PURPOSE. (B) shall invest those funds in accordance of age. (a) FINDINGS.—Congress finds that— with applicable law. (3) DISBURSAL OF FUNDS FOR MINORS.—No (1) on December 18, 1987, the Assiniboine (j) USE OF RESIDUAL FUNDS.—On request by judgment funds, nor any interest earned on and Sioux Tribes of the Fort Peck Reserva- the governing body of the Community to the judgment funds, shall be disbursed from the tion and 5 individual Fort Peck tribal mem- Secretary, and after passage by the gov- account of a minor described in paragraph (1) bers filed a complaint before the United erning body of the Community of a tribal until such date as the minor reaches 18 years States Claims Court (currently the Court of council resolution affirming the intention of of age. Federal Claims) in Assiniboine and Sioux the governing body to have judgment funds (4) USE OF REMAINING JUDGMENT FUNDS.—On Tribes of the Fort Peck Reservation, et al. v. disbursed to, and deposited in the general request by the governing body of the Com- The United States of America, Docket No. fund of, the Community, any judgment funds munity, as manifested by the appropriate 773–87–L to recover interest earned on trust remaining after the date on which the Com- tribal council resolution, any judgment funds while those funds were held in special munity completes the per capita distribution funds remaining after the date of completion deposit and IMPL-agency accounts; under subsection (a) and makes any appro- of the per capita distribution under section (2) in the case referred to in paragraph (1), priate payments under subsection (i) shall be 6101(a) shall be disbursed to, and deposited in the Court held that the United States was disbursed to, and deposited in the general the general fund of, the Community. liable for any income derived from invest- fund of, the Community. SEC. 6112. PLAN FOR USE AND DISTRIBUTION OF ment of the trust funds of the Tribe and indi- (k) REVERSION OF PER-CAPITA SHARES TO JUDGMENT FUNDS AWARDED IN vidual members of the Tribe for the period TRIBAL OWNERSHIP.— DOCKET NO. 236–N. during which those funds were held in special (1) IN GENERAL.—In accordance with the (a) DEFINITION OF PLAN.—In this section, deposit and IMPL-agency accounts; first section of Public Law 87–283 (25 U.S.C. the term ‘‘plan’’ means the plan for the use (3) the plaintiffs in the case referred to in 164), the share for an individual eligible to and distribution of judgment funds awarded paragraph (1) entered into a settlement with receive a per-capita share under subsection to the Community in Docket No. 236–N of the the United States for claims made under (a) that is held in trust by the Secretary, and United States Court of Federal Claims (59 Docket No. 773–87–L on December 31, 1998, for any interest earned on that share, shall be Fed. Reg. 31092 (June 16, 1994)). payment by the United States of—

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.076 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11757 (A) $1,339,415.33, representing interest SEC. 6203. DEFINITIONS. (2) the Secretary of the Interior shall take earned on funds while held in Special Deposit In this subtitle: such action as is necessary to— accounts at the Fort Peck Agency during the (1) COURT.—The term ‘‘Court’’ means the (A) document the cancellation under para- period August 13, 1946, through September 30, United States Court of Federal Claims. graph (1); and 1981; (2) DISTRIBUTION AMOUNT.—The term (B) release the Oglala Sioux Tribe from (B) $2,749,354.41, representing— ‘‘distribution amount’’ means the amount any liability associated with any loan de- (i) interest on the principal indebtedness referred to in section 6202(a)(6)(B). scribed in paragraph (1). for the period from August 13, 1946, through (3) JUDGMENT AMOUNT.—The term SEC. 7003. WAIVER OF REPAYMENT OF EXPERT July 31, 1998; plus ‘‘judgment amount’’ means the amount re- ASSISTANCE LOANS TO THE SEMI- (ii) $364.27 in per diem interest on the prin- ferred to in section 6202(a)(5). NOLE TRIBE OF OKLAHOMA. cipal indebtedness for each day during the (4) PRINCIPAL INDEBTEDNESS.—The term Notwithstanding any other provision of period commencing August 1, 1998, and end- ‘‘principal indebtedness’’ means the sum re- law— ing on the date on which the judgment is ferred to in section 6202(a)(3)(A). (1) the balances of all outstanding expert paid; and (5) TRIBE.—The term ‘‘Tribe’’ means the assistance loans made to the Seminole Tribe (C) $350,000, representing the litigation Assiniboine and Sioux Tribes of the Fort of Oklahoma under Public Law 88–168 (77 costs and attorney’s fees that the Tribe in- Peck Reservation. Stat. 301), and relating to Seminole Tribe of Oklahoma v. United States (Docket No. 247 curred to prosecute those claims; SEC. 6204. DISTRIBUTION OF JUDGMENT FUNDS. of the United States Court of Federal (4) the terms of the settlement were ap- (a) IN GENERAL.—Notwithstanding any pro- Claims), including all principal and interest, proved by the Court on January 8, 1999, and vision of the Indian Tribal Judgment Funds are canceled; and judgment was entered on January 12, 1999; Use or Distribution Act (25 U.S.C. 1401 et (2) the Secretary of the Interior shall take (5) on March 18, 1999, $4,522,551.84 was seq.) to the contrary, the share of the Tribe such action as is necessary to— transferred to the Department of the Inte- of the distribution amount, and such addi- (A) document the cancellation under para- rior; tional amounts as may be awarded to the graph (1); and (6) that judgment amount was deposited in Tribe by the Court with respect to the case (B) release the Seminole Tribe of Okla- an escrow account established to provide— referred to in section 6202(a)(1) (including (A) $350,000 for the payment of attorney’s homa from any liability associated with any any interest accrued on those amounts)— loan described in paragraph (1). fees and expenses; and (1) shall be made available for tribal (B) $4,172,551.84 for pending Court-ordered health, education, housing and social serv- TITLE VIII—HEALTH-RELATED distribution to the Tribe and individual In- ices programs of the Tribe, including— PROVISIONS dian trust beneficiaries; (A) educational and youth programs; SEC. 8001. RURAL HEALTH CARE FACILITY, FORT (7) on January 31, 2001, the Court approved (B) programs for improvement of facilities BERTHOLD INDIAN RESERVATION, a joint stipulation that established proce- NORTH DAKOTA. and housing; dures for— The Three Affiliated Tribes and Standing (C) programs to provide equipment for pub- (A) identification of the class of individual Rock Sioux Tribe Equitable Compensation lic utilities; Indians having an interest in the judgment; Act is amended— (D) programs to provide medical assistance (B) notice to and certification of that (1) in section 3504 (106 Stat. 4732), by adding or dental, optical, or convalescent equip- class; and at the end the following: ment; and (C) the distribution of the judgment ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (E) programs to provide senior citizen and amount to the Tribe and affected class of in- There are authorized to be appropriated such community services; and dividual Indians; sums as are necessary to carry out this sec- (2) shall not be available for per capita dis- (8)(A) on or about February 14, 2001, in action.’’; and cordance with the Court-approved stipula- tribution to any member of the Tribe. (2) by striking section 3511 (106 Stat. 4739) (b) BUDGET SPECIFICATION.—The specific tion, $643,186.73 was transferred to an ac- and inserting the following: programs for which funds are made available count established by the Secretary for the ‘‘SEC. 3511. RURAL HEALTH CARE FACILITY, FORT under subsection (a)(1), and the amount of benefit of the Tribe; and BERTHOLD INDIAN RESERVATION, funds allocated to each of those programs, (B) that transferred amount represents— NORTH DAKOTA. (i) 54.2 percent of the Tribe’s estimated 26- shall be specified in an annual budget devel- ‘‘There is authorized to be appropriated to percent share of the amount referred to in oped by the Tribe and approved by the Sec- the Secretary of Health and Human Services paragraph (6)(B); plus retary. for the construction of a rural health care facility on the Fort Berthold Indian Reserva- (ii) 50 percent of the Tribe’s estimated 26- SEC. 6205. APPLICABLE LAW. tion of the Three Affiliated Tribes, North percent share of interest and capital gains Except as provided in section 6204(a), all Dakota, $20,000,000.’’. earned on the judgment amount from the pe- funds distributed under this subtitle are sub- riod beginning March 18, 1999, and ending on ject to sections 7 and 8 of the Indian Tribal SEC. 8002. HEALTH CARE FUNDING ALLOCATION, EAGLE BUTTE SERVICE UNIT. December 31, 2000; Judgment Funds Use or Distribution Act (25 Section 117 of the Indian Health Care Im- (9) under the Court-approved stipulation— U.S.C. 1407, 1408). provement Act (25 U.S.C. 1616j) is amended (A) that transferred amount is to remain TITLE VII—REPAYMENT OF EXPERT by adding at the end the following: available for use by the Tribe in accordance WITNESS LOANS ‘‘(g) CHEYENNE RIVER SIOUX TRIBE BONUS with a plan adopted under the Indian Tribal SEC. 7001. WAIVER OF REPAYMENT OF EXPERT PAYMENT.— Judgment Funds Use or Distribution Act (25 ASSISTANCE LOANS TO THE PUEBLO ‘‘(1) IN GENERAL.—Notwithstanding any U.S.C. 1401 et seq.); OF SANTO DOMINGO. other provision of law, to promote more effi- (B) the Tribe will most likely receive addi- Notwithstanding any other provision of cient use of the health care funding alloca- tional payments from the distribution law— tion for fiscal year 2003, the Eagle Butte amount once the identification of all individ- (1) the balances of all expert assistance Service Unit of the Indian Health Service, at uals eligible to share in the distribution loans made to the Pueblo of Santo Domingo the request of the Cheyenne River Sioux amount is completed and the pro rata shares under Public Law 88–168 (77 Stat. 301), and re- Tribe, may carry out a program under which are calculated; and lating to Pueblo of Santo Domingo v. United a health professional may be paid— (C) those additional payments would in- States (Docket No. 355 of the United States ‘‘(A) a base salary in an amount up to the clude— Court of Federal Claims), including all prin- highest grade and step available to a physi- (i) the balance of the share of the Tribe of cipal and interest, are canceled; and cian, pharmacist, or other health profes- the distribution amount and investment in- (2) the Secretary of the Interior shall take sional, as the case may be; and come earned on the distribution amount; such action as is necessary to— ‘‘(B) a recruitment or retention bonus of (ii) the portion of the distribution amount (A) document the cancellation under para- up to 25 percent of the base salary rate of the that represents income derived on funds in graph (1); and health professional. special deposit accounts that are not attrib- (B) release the Pueblo of Santo Domingo ‘‘(2) MONITORING AND REPORTING.—If the utable to the Tribe or any individual Indian; from any liability associated with any loan Service implements the program under para- and described in paragraph (1). graph (1), the Service shall— (iii) the portion of the distribution amount SEC. 7002. WAIVER OF REPAYMENT OF EXPERT ‘‘(A) monitor the program closely; and that represents shares attributable to indi- ASSISTANCE LOANS TO THE OGLALA ‘‘(B) not later than September 30, 2003, sub- vidual Indians that— SIOUX TRIBE. mit to the Committee on Indian Affairs of (I) cannot be located for purposes of ac- Notwithstanding any other provision of the Senate and the Committee on Resources cepting payment; and law— and the Committee on Energy and Commerce (II) will not be bound by the judgment in (1) the balances of all outstanding expert of the House of Representatives a report that the case referred to in paragraph (1); and assistance loans made to the Oglala Sioux includes an evaluation of the program.’’. (10) pursuant to the Indian Tribal Judg- Tribe under Public Law 88–168 (77 Stat. 301), SEC. 8003. INDIAN HEALTH DEMONSTRATION ment Funds Use or Distribution Act (25 and relating to Oglala Sioux Tribe v. United PROJECT. U.S.C. 1401 et seq.), the Secretary is required States (Docket No. 117 of the United States Section 10 of the Ponca Restoration Act (25 to submit to Congress for approval an Indian Court of Federal Claims), including all prin- U.S.C. 983h) is amended by adding at the end judgment fund use or distribution plan. cipal and interest, are canceled; and the following:

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‘‘(e) DEMONSTRATION PROJECT.—The Direc- dian Health Care Improvement Act (25 U.S.C. Act is amended by striking section 603 (25 tor of the Indian Health Service shall direct 1621h(m)) is amended by striking paragraph U.S.C. 1663) and inserting the following: the Aberdeen Area Office of the Indian (6) and inserting the following: ‘‘SEC. 603. AUTHORIZATION OF APPROPRIATIONS. Health Service to carry out, in coordination ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— ‘‘There are authorized to be appropriated with the Tribe, a demonstration project to There are authorized to be appropriated to to carry out this title such sums as are nec- determine— carry out this section such sums as are necessary for each of fiscal years 2002 and 2003.’’. ‘‘(1) the ability of an urban, restored facil- essary for each of fiscal years 2002 and 2003.’’. (g) SUBSTANCE ABUSE PROGRAMS.— ity of the Tribe to provide health services to (B) CALIFORNIA CONTRACT HEALTH SERVICES (1) AUTHORIZATION OF APPROPRIATIONS.— members residing in Douglas County and DEMONSTRATION PROGRAM.—Section 211 of the (A) INDIAN WOMEN TREATMENT PROGRAMS.— Sarpy County, Nebraska, and Pottawattamie Indian Health Care Improvement Act (25 Section 703 of the Indian Health Care Im- County, Iowa; U.S.C. 1621j) is amended by striking sub- provement Act (25 U.S.C. 1665b) is amended ‘‘(2) the viability of using third-party bill- section (g) and inserting the following: by striking subsection (d) and inserting the ing to enable a facility described in para- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— following: graph (1) to become self-sustaining; and There are authorized to be appropriated to ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) the effectiveness of using a computer- carry out this section such sums as are nec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), registered patient management system in essary for each of fiscal years 2002 and 2003.’’. there are authorized to be appropriated to the counties specified in paragraph (1).’’. (C) PATIENT TRAVEL COSTS.—Section 213 of carry out this section such sums as are nec- SEC. 8004. ALASKA TREATMENT CENTERS AND the Indian Health Care Improvement Act (25 essary for each of fiscal years 2002 and 2003. FACILITIES. U.S.C. 1621l) is amended by striking sub- ‘‘(2) GRANTS.—Of the funds made available Section 704(b)(4)(A) of the Indian Health section (b) and inserting the following: under paragraph (1) for a fiscal year, 20 per- Care Improvement Act (25 U.S.C. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— cent shall be used to provide grants to urban 1665c(b)(4)(A)) is amended— There are authorized to be appropriated to Indian organizations funded under title V.’’. (1) in clause (i), by striking ‘‘and’’ at the carry out this section such sums as are nec- (B) GALLUP ALCOHOL AND SUBSTANCE ABUSE end; essary for each of fiscal years 2002 and 2003.’’. TREATMENT CENTER.—Section 706 of the In- (2) in clause (ii), by striking the period at (D) EPIDEMIOLOGY CENTERS.—Section 214(b) dian Health Care Improvement Act (25 U.S.C. the end and inserting a semicolon; and of the Indian Health Care Improvement Act 1665e) is amended by striking subsection (d) (3) by adding at the end the following: (25 U.S.C. 1621m(b)) is amended by striking and inserting the following: ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) the Yukon Kuskokwim Health Cor- paragraph (6) and inserting the following: There are authorized to be appropriated to poration, for the purpose of operating and ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— carry out this section such sums as are nec- maintaining a residential and outpatient There are authorized to be appropriated to essary for each of fiscal years 2002 and 2003.’’. child, youth, and family inhalant prevention carry out this subsection such sums as are (C) FETAL ALCOHOL SYNDROME AND FETAL and treatment program in Bethel, Alaska; necessary for each of fiscal years 2002 and ALCOHOL EFFECT GRANTS.—Section 708(f)(2) ‘‘(iv) the Southcentral Foundation, for the 2003.’’. of the Indian Health Care Improvement Act purpose of operating and maintaining a resi- (E) COMPREHENSIVE SCHOOL HEALTH EDU- (25 U.S.C. 1665g) is amended by striking sub- dential substance abuse, mental, and behav- CATION PROGRAMS.—Section 215 of the Indian section (f) and inserting the following: ioral health treatment program for Alaska Health Care Improvement Act (25 U.S.C. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— Native youth in need of those services in An- 1621n) is amended by striking subsection (g) and inserting the following: ‘‘(1) IN GENERAL.—Subject to paragraph (2), chorage, Alaska; there are authorized to be appropriated to ‘‘(v) the Cook Inlet Tribal Council, for the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out this section such sums as are nec- purpose of operating and maintaining a resi- essary for each of fiscal years 2002 and 2003. dential treatment program, day treatment carry out this section such sums as are necessary for each of fiscal years 2002 and 2003.’’. ‘‘(2) GRANTS.—Of the funds made available program, and continuing care program for under paragraph (1) for a fiscal year, 10 per- alcohol and drug rehabilitation in Anchor- (F) INDIAN YOUTH GRANT PROGRAM.—Section 216 of the Indian Health Care Improvement cent shall be used to provide grants to urban age, Alaska; and Indian organizations funded under title V ‘‘(vi) the Southeast Alaska Regional Act (25 U.S.C. 1621o) is amended by striking subsection (e) and inserting the following: (including to carry out demonstration Health Consortium, for the purpose of oper- projects that involve 1 or more Indian tribes, ating and maintaining a residential sub- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to tribal organizations, or urban Indian organi- stance abuse treatment program for women zations working with organizations such as with children in Sitka, Alaska.’’. carry out this section such sums as are necessary for each of fiscal years 2002 and 2003.’’. the National Organization on Fetal Alcohol TITLE IX—REAUTHORIZATION OF NATIVE (2) ADDITIONAL AUTHORIZATION OF APPRO- Syndrome to carry out subparagraphs (A) AMERICAN PROGRAMS PRIATIONS.—Title II of the Indian Health and (F) of subsection (a)(2)).’’. SEC. 9001. BOSQUE REDONDO MEMORIAL ACT. Care Improvement Act is amended by strik- (D) THUNDER CHILD TREATMENT CENTER.— Section 206 of the Bosque Redondo Memo- ing section 224 (25 U.S.C. 1621w) and inserting Section 710 of the Indian Health Care Im- rial Act (16 U.S.C. 431 note; Public Law 106– the following: provement Act (25 U.S.C. 1665i) is amended— 511) is amended— ‘‘SEC. 224. AUTHORIZATION OF APPROPRIATIONS. (i) by striking ‘‘(b) For the purposes of’’ (1) by striking subsection (a) and inserting ‘‘There are authorized to be appropriated and all that follows through ‘‘No funding’’ the following: to carry out this title (other than sections and inserting the following: ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) IN GENERAL.—There is authorized to 209(m), 211(g), 213(b), 214(b)(6), 215(g), and ‘‘(1) IN GENERAL.—There are authorized to be appropriated to carry out this title 216(e)) such sums as are necessary for each of be appropriated to carry out this section $2,000,000 for fiscal year 2001.’’; and fiscal years 2002 and 2003.’’. such sums as are necessary for each of fiscal (2) in subsection (b), by striking ‘‘2002’’ and (c) HEALTH FACILITIES.—Title III of the In- years 2002 and 2003. inserting ‘‘2006,’’. dian Health Care Improvement Act is amend- ‘‘(2) STAFFING AND OPERATION.—No fund- SEC. 9002. NAVAJO-HOPI LAND SETTLEMENT ACT ed by striking section 309 (25 U.S.C. 1638a) ing’’; and OF 1974. and inserting the following: (ii) in the third sentence, by striking Section 25(a)(8) of Public Law 93–531 ‘‘SEC. 309. AUTHORIZATION OF APPROPRIATIONS. ‘‘None of the funding’’ and inserting the fol- (commonly known as the ‘‘Navajo-Hopi Land ‘‘There are authorized to be appropriated lowing: Settlement Act of 1974’’) (25 U.S.C. 640d– to carry out this title such sums as are nec- ‘‘(3) ADMINISTRATIVE PURPOSES.—None of 24(a)(8)) is amended by striking ‘‘annually essary for each of fiscal years 2002 and 2003.’’. the funding’’. for fiscal years 1995, 1996, 1997, 1998, 1999, and (d) ACCESS TO HEALTH SERVICES.—Title IV (E) SUBSTANCE ABUSE COUNSELOR EDUCATION 2000’’ and inserting ‘‘for each of fiscal years of the Indian Health Care Improvement Act DEMONSTRATION PROJECT.—Section 711 of the 2002 through 2006’’. is amended by striking section 407 (25 U.S.C. Indian Health Care Improvement Act (25 SEC. 9003. INDIAN HEALTH CARE IMPROVEMENT 1647) and inserting the following: U.S.C. 1665j) is amended by striking sub- ACT. ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. section (h) and inserting the following: (a) INDIAN HEALTH PROFESSIONAL PER- ‘‘There are authorized to be appropriated ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— SONNEL.—Title I of the Indian Health Care to carry out this title such sums as are nec- There are authorized to be appropriated to Improvement Act is amended by striking essary for each of fiscal years 2002 and 2003.’’. carry out this section such sums as are nec- section 123 (25 U.S.C. 1616p) and inserting the (e) HEALTH SERVICES FOR URBAN INDIANS.— essary for each of fiscal years 2002 and 2003, following: Title V of the Indian Health Care Improve- to remain available until expended.’’. ‘‘SEC. 123. AUTHORIZATION OF APPROPRIATIONS. ment Act is amended by striking section 514 (2) ADDITIONAL AUTHORIZATION OF APPRO- ‘‘There are authorized to be appropriated (25 U.S.C. 1660d) and inserting the following: PRIATIONS.—Title VII of the Indian Health to carry out this title such sums as are nec- ‘‘SEC. 514. AUTHORIZATION OF APPROPRIATIONS. Care Improvement Act is amended by strik- essary for each of fiscal years 2002 and 2003.’’. ‘‘There are authorized to be appropriated ing section 714 (25 U.S.C. 1665m) and insert- (b) HEALTH SERVICES.— to carry out this title such sums as are nec- ing the following: (1) AUTHORIZATION OF APPROPRIATIONS.— essary for each of fiscal years 2002 and 2003.’’. ‘‘SEC. 714. AUTHORIZATION OF APPROPRIATIONS. (A) INTERMEDIATE ADOLESCENT MENTAL (f) ORGANIZATIONAL IMPROVEMENTS.—Title ‘‘There are authorized to be appropriated HEALTH SERVICES.—Section 209(m) of the In- VI of the Indian Health Care Improvement to carry out this title (other than sections

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703(d), 706(d), 708(f), 710(b), and 711(h)) such ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (25 U.S.C. 2453) is amended by striking sub- sums as are necessary for each of fiscal years There are authorized to be appropriated to section (b) and inserting the following: 2002 and 2003.’’. carry out this subsection such sums as are ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (h) MISCELLANEOUS.— necessary for each of fiscal years 2002 and There are authorized to be appropriated to (1) HOME- AND COMMUNITY-BASED CARE DEM- 2003.’’. carry out this section such sums as are nec- ONSTRATION PROJECT.—Section 821 of the In- (d) EMERGENCY SHELTERS.—Section 4213(e) essary for each of fiscal years 2002 and 2003.’’. dian Health Care Improvement Act (25 U.S.C. of the Indian Alcohol and Substance Abuse SEC. 9005. INDIAN CHILD PROTECTION AND FAM- 1680k) is amended by striking subsection (i) Prevention and Treatment Act of 1986 (25 ILY VIOLENCE PREVENTION ACT. and inserting the following: U.S.C. 2433(e)) is amended— (a) INDIAN CHILD ABUSE TREATMENT GRANT ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (1) by striking paragraphs (1) through (3) PROGRAM.—Section 409 of the Indian Child There are authorized to be appropriated to and inserting the following: Protection and Family Violence Prevention carry out this section such sums as are nec- ‘‘(1) IN GENERAL.—There are authorized to Act (25 U.S.C. 3208) is amended by striking essary for each of fiscal years 2002 and 2003, be appropriated to carry out planning and subsection (e) and inserting the following: to remain available until expended.’’. design, construction, and renovation of, or to ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (2) AUTHORIZATION OF APPROPRIATIONS.— purchase or lease land or facilities for, emer- There is authorized to be appropriated to Title VIII of the Indian Health Care Improve- gency shelters and halfway houses to provide carry out this section $10,000,000 for each of ment Act is amended by striking section 825 emergency care for Indian youth, such sums fiscal years 2002 and 2003.’’. (25 U.S.C. 1680o) and inserting the following: as are necessary for each of fiscal years 2002 (b) INDIAN CHILD RESOURCE AND FAMILY ‘‘SEC. 825. AUTHORIZATION OF APPROPRIATIONS. and 2003. SERVICES CENTERS.—Section 410 of the In- ‘‘There are authorized to be appropriated ‘‘(2) STAFFING AND OPERATION.—There is dian Child Protection and Family Violence to carry out this title (other than section authorized to be appropriated for staffing Prevention Act (25 U.S.C. 3209) is amended by 821) such sums as are necessary for each of and operation of emergency shelters and striking subsection (h) and inserting the fol- fiscal years 2002 and 2003.’’. halfway houses described in paragraph (1) lowing: SEC. 9004. INDIAN ALCOHOL AND SUBSTANCE $7,000,000 for each of fiscal years 2002 and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ABUSE PREVENTION AND TREAT- 2003. There is authorized to be appropriated to MENT ACT OF 1986. ‘‘(3) ALLOCATION.— carry out this section $3,000,000 for each of (a) TRIBAL ACTION PLANS.— ‘‘(A) IN GENERAL.—The Secretary of the In- fiscal years 2002 and 2003.’’. (1) IN GENERAL.—Section 4206(d) of the In- terior shall allocate funds made available (c) INDIAN CHILD PROTECTION AND FAMILY dian Alcohol and Substance Abuse Preven- under this subsection to Indian tribes on the VIOLENCE PREVENTION PROGRAM.—Section 411 tion and Treatment Act of 1986 (25 U.S.C. basis of priority of need of the Indian tribes. of the Indian Child Protection and Family 2412(d)) is amended— ‘‘(B) CONTRACTING AND GRANTS.—Funds al- Violence Prevention Act (25 U.S.C. 3210) is (A) by striking ‘‘(1) The Secretary’’ and in- located under subparagraph (A) shall be sub- amended by striking subsection (i) and inserting the following: ject to contracting or available for grants serting the following: ‘‘(1) IN GENERAL.—The Secretary’’; and under the Indian Self-Determination Act (25 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (B) by striking paragraph (2) and inserting U.S.C. 450f et seq.).’’; There is authorized to be appropriated to the following: (2) in paragraph (4), by striking ‘‘(4) carry out this section $30,000,000 for each of ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— Funds’’ and inserting the following: fiscal years 2002 and 2003.’’. There are authorized to be appropriated to ‘‘(4) CONDITIONS FOR USE.—Funds’’; and SEC. 9006. NATIVE HAWAIIAN HEALTH CARE IM- carry out this subsection such sums as are (3) in paragraph (5)— PROVEMENT ACT. necessary for each of fiscal years 2002 and (A) by striking ‘‘(5) Nothing in this Act (a) NATIVE HAWAIIAN HEALTH CARE SYS- 2003.’’. may be construed’’ and inserting the fol- TEMS.—Section 6 of the Native Hawaiian (2) ADDITIONAL AUTHORIZATION.—Section lowing: Health Care Improvement Act (42 U.S.C. 4206(f) of the Indian Alcohol and Substance ‘‘(5) EFFECT ON OTHER AUTHORITY.—Nothing 11705) is amended by striking subsection (h) Abuse Prevention and Treatment Act of 1986 in this Act’’; and inserting the following: (25 U.S.C. 2412(f)) is amended— (B) in subparagraph (A)— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (A) by striking ‘‘(f)(1) The Secretary’’ and (i) by striking ‘‘to limit’’ and inserting There are authorized to be appropriated such inserting the following: ‘‘limits’’; and sums as are necessary to carry out this sec- ‘‘(f) GRANTS FOR IN-SCHOOL TRAINING PRO- (ii) by striking ‘‘houses, or’’ and inserting tion for each of fiscal years 2002 and 2003.’’. (b) NATIVE HAWAIIAN HEALTH SCHOLAR- GRAMS.— ‘‘houses; or’’; and SHIPS.—Section 10 of the Native Hawaiian ‘‘(1) IN GENERAL.—The Secretary’’; (C) in subparagraph (B), by striking ‘‘to re- Health Care Improvement Act (42 U.S.C. (B) in paragraph (2)— quire’’ and inserting ‘‘requires’’. (i) by striking ‘‘(2) Funds’’ and inserting (e) ILLEGAL NARCOTICS TRAFFIC ON THE 11709) is amended by striking subsection (c) the following: TOHONO O’ODHAM AND ST. REGIS RESERVA- and inserting the following: ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) USE OF FUNDS.—Funds’’; and TIONS; SOURCE ERADICATION.—Section 4216 of (ii) by indenting subparagraphs (A) the Indian Alcohol and Substance Abuse Pre- There are authorized to be appropriated such through (E) appropriately; and vention and Treatment Act of 1986 (25 U.S.C. sums as are necessary to carry out this sec- (C) by striking paragraph (3) and inserting 2442) is amended— tion for each of fiscal years 2002 and 2003.’’. the following: (1) in subsection (a), by striking paragraph SEC. 9007. FOUR CORNERS INTERPRETIVE CEN- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (3) and inserting the following: TER ACT. There are authorized to be appropriated to ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— Section 7 of the Four Corners Interpretive carry out this subsection such sums as are There is authorized to be appropriated— Center Act (Public Law 106–143; 113 Stat. necessary for each of fiscal years 2002 and ‘‘(A) to carry out paragraph (1)(A), 1706) is amended— 2003.’’. $1,000,000 for each of fiscal years 2002 and (1) in subsection (a)(2), by striking ‘‘2005’’ (b) NEWSLETTER.—Section 4210 of the In- 2003; and and inserting ‘‘2007’’; dian Alcohol and Substance Abuse Preven- ‘‘(B) to carry out provisions of this sub- (2) in subsection (b), by striking ‘‘2002’’ and tion and Treatment Act of 1986 (25 U.S.C. section other than paragraph (1)(A), such inserting ‘‘2004’’; and 2416) is amended by striking subsection (b) sums as are necessary for each of fiscal years (3) in subsection (c), by striking ‘‘2001’’ and and inserting the following: 2002 and 2003.’’; and inserting ‘‘2003’’. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (2) in subsection (b), by striking paragraph SEC. 9008. ENVIRONMENTAL DISPUTE RESOLU- There are authorized to be appropriated to (2) and inserting the following: TION FUND. carry out this section such sums as are nec- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— Section 13 of the Morris K. Udall Scholar- essary for each of fiscal years 2002 and 2003.’’. There are authorized to be appropriated to ship and Excellence in National Environ- (c) INDIAN EDUCATION PROGRAMS.—Section carry out this subsection such sums as are mental and Native American Public Policy 4212(a) of the Indian Alcohol and Substance necessary for each of fiscal years 2002 and Act of 1992 (20 U.S.C. 5609) is amended by Abuse Prevention and Treatment Act of 1986 2003.’’. striking subsection (b) and inserting the fol- (25 U.S.C. 2432(a)) is amended— (f) BUREAU OF INDIAN AFFAIRS LAW EN- lowing: (1) in the first sentence, by striking ‘‘The FORCEMENT AND JUDICIAL TRAINING.—Section ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION Assistant Secretary of Indian Affairs’’ and 4218 of the Indian Alcohol and Substance FUND.—There is authorized to be appro- inserting the following: Abuse Prevention and Treatment Act of 1986 priated to the Environmental Dispute Reso- ‘‘(1) IN GENERAL.—The Assistant Secretary (25 U.S.C. 2451) is amended by striking sub- lution Fund established by section 10 of Indian Affairs’’; section (b) and inserting the following: $4,000,000 for each of fiscal years 2004 through (2) in the second sentence, by striking ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 2008, of which— ‘‘The Assistant Secretary shall’’ and insert- There are authorized to be appropriated to ‘‘(1) $3,000,000 shall be used to pay oper- ing the following: carry out this section such sums as are nec- ations costs (including not more than $1,000 ‘‘(2) DEFRAYMENT OF COSTS.—The Assistant essary for each of fiscal years 2002 and 2003.’’. for official reception and representation ex- Secretary shall’’; and (g) JUVENILE DETENTION CENTERS.—Section penses); and (3) by striking the third sentence and in- 4220 of the Indian Alcohol and Substance ‘‘(2) $1,000,000 shall be used for grants or serting the following: Abuse Prevention and Treatment Act of 1986 other appropriate arrangements to pay the

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CONVEYANCE OF NATIVE ALASKAN ‘‘(B) be deemed to— ner relating to, and to support the participa- OBJECTS. ‘‘(i) supplement or supplant any related tion of non-Federal entities (such as State Notwithstanding any provision of law af- provision in this title, as appropriate; and and local governments, tribal governments, fecting the disposal of Federal property, on ‘‘(ii) apply to any agency subject to this nongovernmental organizations, and individ- the request of the Chugach Alaska Corpora- title. uals) in, environmental conflict resolution tion or Sealaska Corporation, the Secretary ‘‘(3) TIMING.—In any case in which an In- proceedings involving Federal agencies.’’. of Agriculture shall convey to whichever of dian tribe requests incorporation of a provi- TITLE X—MISCELLANEOUS PROVISIONS those corporations that has received title to sion under paragraph (1) during the negotia- a cemetery site or historical place on Na- Subtitle A—Cultural Provisions tion stage of a compact or funding agree- tional Forest System land conveyed under ment described in that paragraph, the incor- SEC. 10101. OKLAHOMA NATIVE AMERICAN CUL- section 14(h)(1) of the Alaska Native Claims poration shall— TURAL CENTER AND MUSEUM. Settlement Act (43 U.S.C. 1613(h)(1)) all arti- ‘‘(A) be considered to be effective imme- (a) FINDINGS.—Congress makes the fol- facts, physical remains, and copies of any diately; and lowing findings: available field records that— ‘‘(B) control the negotiation and any re- (1) In order to promote better under- (1)(A) are in the possession of the Sec- sulting compact or funding agreement.’’. standing between Indian and non-Indian citi- retary of Agriculture; and Subtitle C—Indian Arts and Crafts zens of the United States, and in light of the (B) have been collected from the cemetery Federal Government’s continuing trust re- site or historical place; but SEC. 10301. INDIAN ARTS AND CRAFTS ACT AMENDMENTS. sponsibilities to Indian tribes, it is appro- (2) are not required to be conveyed in ac- priate, desirable, and a proper function of Section 2(g) of the Act of August 27, 1935 cordance with the Native American Graves (25 U.S.C. 305a(g)), is amended— the Federal Government to provide grants Protection Act and Repatriation Act (25 for the development of a museum designated (1) in paragraph (1), by inserting U.S.C. 3001 et seq.) or any other applicable ‘‘trademarks for’’ after ‘‘products and’’; to display the heritage and culture of Indian law. tribes. (2) in paragraph (3), by striking ‘‘and as- (2) In recognition of the unique status and Subtitle B—Self-Determination Provisions sign it and the goodwill associated with it to history of Indian tribes in the State of Okla- SEC. 10201. INDIAN SELF-DETERMINATION ACT an individual Indian or Indian tribe without homa and the role of the Federal Govern- AMENDMENTS. charge; and’’ and inserting a semicolon; ment in such history, it is appropriate and (a) APPLICATION OF LAWS TO ADMINISTRA- (3) in paragraph (4), by striking ‘‘to pursue proper for the museum referred to in para- TIVE APPEALS.—Section 110 of the Indian or defend in the courts any appeal or pro- graph (1) to be located in the State of Okla- Self-Determination and Education Assist- ceeding with respect to any final determina- homa. ance Act (25 U.S.C. 450m–1) is amended by tion of that office’’ and inserting ‘‘to file (b) GRANT.— striking subsection (c) and inserting the fol- with the United States Patent and Trade- (1) IN GENERAL.—The Director shall offer to lowing: mark Office, and prosecute, an application award financial assistance equaling not more ‘‘(c) APPLICATION OF LAWS TO ADMINISTRA- for any trademark or other mark described than $33,000,000 and technical assistance to TIVE APPEALS.— in paragraph (1) that is owned by an indi- the Authority to be used for the development ‘‘(1) IN GENERAL.—The Equal Access to Jus- vidual Indian, Indian tribe, or Indian arts and construction of a Native American Cul- tice Act (5 U.S.C. 504 note; Public Law 96– and crafts organization, for registration tural Center and Museum in Oklahoma City, 481), section 504 of title 5, United States without charge in the United States Patent Oklahoma. Code, and section 2412 of title 28, United and Trademark Office’’; and (2) AGREEMENT.—To be eligible to receive a States Code, shall apply to an administrative (4) by inserting after the semicolon at the grant under paragraph (1), the appropriate appeal by a tribal organization that— end the following: ‘‘(5)(A) to assign any official of the Authority shall— ‘‘(A) is pending on or filed after October 5, trademark described in paragraph (2) that is (A) enter into a grant agreement with the 1988; and owned by the Federal Government, and the Director which shall specify the duties of the ‘‘(B) relates to a contract, a grant agree- goodwill associated with the trademark, to Authority under this section, including pro- ment, or any other agreement or compact an individual Indian, Indian tribe, or Indian visions for continual maintenance of the authorized under— arts and crafts organization; and (B) to Center by the Authority without the use of ‘‘(i) this Act; or record any such assignment in the United Federal funds; and ‘‘(ii) the Tribally Controlled Schools Act of States Patent and Trademark Office, with- (B) demonstrate, to the satisfaction of the 1988 (25 U.S.C. 2501 et seq.). out charge; and (6) to pursue or defend in the Director, that the Authority has raised, or ‘‘(2) FEE.— appropriate courts of the United States any has commitments from private persons or ‘‘(A) IN GENERAL.—In the case of any claim appeal or proceeding with respect to any State or local government agencies for, an for a fee described in subparagraph (B), the final determination of the United States amount that is equal to not less than 66 per- fee shall be $125 per hour, unless an appro- Patent and Trademark Office;’’. cent of the cost to the Authority of the ac- priate Federal agency determines by regula- Subtitle D—Certification of Rental Proceeds tivities to be carried out under the grant. tion that an increase in the cost of living or SEC. 10401. CERTIFICATION OF RENTAL PRO- (3) LIMITATION.—The amount of any grant a special factor, such as the limited avail- CEEDS. awarded under paragraph (1) shall not exceed ability of qualified attorneys or agents for Notwithstanding any other provision of 33 percent of the cost of the activities to be the proceedings involved, justifies a higher law, any actual rental proceeds from the funded under the grant. fee. lease of land acquired under section 1 of Pub- (4) IN-KIND CONTRIBUTION.—When calcu- ‘‘(B) DESCRIPTION OF CLAIM.—A claim de- lic Law 91–229 (25 U.S.C. 488) certified by the lating the cost share of the Authority under scribed in this subparagraph is— Secretary of the Interior shall be deemed— this Act, the Director shall reduce such cost ‘‘(i) a claim by a person for a fee for serv- (1) to constitute the rental value of that share obligation by the fair market value of ices relating to an appeal described in para- land; and the approximately 300 acres of land donated graph (1) that are performed on or after (2) to satisfy the requirement for appraisal by Oklahoma City for the Center, if such March 29, 1996; or of that land. land is used for the Center. ‘‘(ii) a claim by a person for a fee for serv- (c) DEFINITIONS.—For the purposes of this ices that— SA 4981. Mr. REID (for Mr. INOUYE) Act: ‘‘(I) is asserted on or after March 29, 1996; proposed an amendment to amendment but (1) AUTHORITY.—The term ‘‘Authority’’ SA 4980 proposed by Mr. REID (for Mr. means the Native American Cultural and ‘‘(II) is for a fee for services relating to an INOUYE (for himself and Mr. Educational Authority of Oklahoma, and appeal described in paragraph (1) performed agency of the State of Oklahoma. before that date.’’. CAMPBELL)) to the bill S. 2711, to reau- (2) CENTER.—The term ‘‘Center’’ means the (b) INCORPORATION OF SELF-DETERMINATION thorize and improve programs relating Native American Cultural Center and Mu- PROVISIONS.—Section 403 of the Indian Self- to Native Americans; as follows: seum authorized pursuant to this section. Determination and Education Assistance Act Beginning on page 1–1, strike line 1 and all (3) DIRECTOR.—The term ‘‘Director’’ means (25 U.S.C. 458cc) is amended by striking sub- that follows through page 1–8, line 21. the Director of the Institute of Museum and section (l) and inserting the following: Beginning on page 2–8, strike line 9 and all Library Services. ‘‘(l) INCORPORATION OF SELF-DETERMINA- that follows through page 2–12, line 9. (d) AUTHORIZATION OF APPROPRIATIONS.— TION PROVISIONS.— Beginning on page 4–9, strike line 3 and all There are authorized to be appropriated to ‘‘(1) IN GENERAL.—At the option of any par- that follows through page 4–10, line 22, and the Director to grant assistance under sub- ticipating Indian tribe, any or all of the pro- insert the following: section (b)(1), $8,250,000 for each of fiscal visions of title I or V shall be incorporated in SEC. 4201. INDIAN LAND CONSOLIDATION ACT years 2003 through 2006. a compact or funding agreement entered into AMENDMENTS. SEC. 10102. REHABILITATION OF CELILO INDIAN under this title. Section 217(c) of the Indian Land Consoli- VILLAGE. ‘‘(2) FORCE AND EFFECT.—A provision incor- dation Act (25 U.S.C. 2216(c)) is amended— Section 401(b)(3) of Public Law 100–581 (102 porated under paragraph (1) shall— (1) by striking the subsection heading and Stat. 2944) is amended by inserting ‘‘and ‘‘(A) have the same force and effect as if in- all that follows through the end of the first Celilo Village’’ after ‘‘existing sites’’. cluded in this title; and sentence and inserting the following:

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‘‘(c) ACQUISITION OF INTEREST BY SEC- (B) the application of different rules of in- trust devisee, including the devise of a re- RETARY.— testate succession to each of a decedent’s in- mainder interest from the devise of a life es- ‘‘(1) REQUEST.— terests in trust and restricted land if that tate under subparagraph (A)(ii), that does ‘‘(A) IN GENERAL.—An Indian, or the recog- land is located within the boundaries of more not indicate whether the interest is devised nized tribal government of a reservation, than 1 State, which application makes pro- as a passive trust interest or a fee interest that is in possession of any portion of the fee bate planning unnecessarily difficult and im- shall be construed to devise a passive trust interest in a parcel of land described in sub- pedes efforts to provide probate planning as- interest. paragraph (B) may request that the interest sistance or advice; ‘‘(C) DEVISE OF A FEE INTEREST.—Subject to be taken into trust by the Secretary. (C) the absence of a uniform general pro- subparagraph (D), any interest in trust or re- ‘‘(B) LAND.—A parcel of land described in bate code for trust and restricted land which stricted land that is not devised pursuant to this subparagraph is any parcel of land— makes it difficult for Indian tribes to work paragraph (1), or devised to an eligible pas- ‘‘(i) that is located within a reservation; cooperatively to develop tribal probate sive trust devisee pursuant to subparagraph and codes; and (A), may be devised to a non-Indian in fee ‘‘(ii) at least a portion of the ownership in- (D) the failure of Federal law to address or status. terest in which is held by the Secretary, in provide for many of the essential elements of ‘‘(D) LIMITATION.—Any interest in trust or trust or restricted status, on November 7, general probate law, either directly or by restricted land that is subject to section 4 of 2000.’’; and reference, which is unfair to the owners of the Act of June 18, 1934 (25 U.S.C. 464) may (2) in the second sentence, by striking trust and restricted land and their heirs and only be devised pursuant to such section 4, ‘‘Upon’’ and inserting the following: devisees and which makes probate planning subparagraph (A) of this paragraph, or para- ‘‘(2) INTEREST.—Upon’’. more difficult. graph (1) of this subsection. On page 4–15, strike lines 6 through 16 and (4) Based on the problems identified in ‘‘(3) DEVISE OF A PASSIVE TRUST INTEREST.— insert the following: paragraph (3), a uniform Federal probate ‘‘(A) IN GENERAL.—The holder of an inter- SEC. 4208. AGREEMENT WITH DRY PRAIRIE code would likely— est in trust or restricted land that is held as RURAL WATER ASSOCIATION, IN- (A) reduce the number of unnecessary a passive trust interest may devise the inter- CORPORATED. fractionated interests in trust or restricted est as a passive trust interest only to— (a) IN GENERAL.—The Assiniboine and land; ‘‘(i) any Indian or the Indian tribe that ex- Sioux Tribes of the Fort Peck Indian Res- (B) facilitate efforts to provide probate ercises jurisdiction over the interest; ervation (referred to in this section as the planning assistance and advice; ‘‘(ii) the holder’s lineal descendants or ‘‘Tribes’’) may, with the approval of the Sec- (C) facilitate inter-tribal efforts to produce heirs of the first or second degree; retary of the Interior, enter into a lease or tribal probate codes pursuant to section 206 ‘‘(iii) any living descendant of the decedent other temporary conveyance of water rights of the Indian Land Consolidation Act (25 from whom the holder acquired the interest recognized under the Fort Peck–Montana U.S.C. 2205); and by devise or descent; and Compact (Montana Code Annotated 85–20– (D) provide essential elements of general ‘‘(iv) any person who owns a pre-existing 201) for the purpose of meeting the water probate law that are not applicable on the interest or a passive trust interest in the needs of the Dry Prairie Rural Water Asso- date of enactment of this subtitle to inter- same parcel of land if the pre-existing interest is held in trust or restricted status or in ciation, Incorporated (or any successor enti- ests in trust or restricted land. passive trust status. ty), pursuant to section 5 of the Fort Peck CHAPTER 1—INDIAN PROBATE REFORM Reservation Rural Water System Act of 2000 ‘‘(B) INELIGIBLE DEVISEES AND INTESTATE (114 Stat. 1454). SEC. 10211. INDIAN PROBATE REFORM. SUCCESSION.—A passive trust interest that is (a) TESTAMENTARY DISPOSITION.—Sub- (b) CONDITIONS OF LEASE.—With respect to devised to a person who is not eligible under a lease or other temporary conveyance de- section (a) of section 207 of the Indian Land subparagraph (A) or that is not disposed of scribed in subsection (a)— Consolidation Act (25 U.S.C. 2206(a)) is by a valid will shall pass pursuant to the ap- (1) the term of the lease or conveyance amended to read as follows: plicable law of intestate succession as pro- ‘‘(a) TESTAMENTARY DISPOSITION.— shall not exceed 100 years; and vided for in subsection (b).’’. ‘‘(1) GENERAL DEVISE OF AN INTEREST IN (2)(A) the lease or conveyance may be ap- (b) INTESTATE SUCCESSION.—Subsection (b) TRUST OR RESTRICTED LAND.— proved by the Secretary of the Interior with- of section 207 of the Indian Land Consolida- ‘‘(A) IN GENERAL.—Subject to any applica- out monetary compensation to the Tribes; tion Act (25 U.S.C. 2206(b)) is amended to ble Federal law relating to the devise or de- and read as follows: scent of trust or restricted property, or a ‘‘(b) INTESTATE SUCCESSION.— (B) the Secretary of the Interior shall not tribal probate code enacted pursuant to sec- ‘‘(1) RULES OF DESCENT.— be subject to liability for any claim or cause tion 206, the owner of an interest in trust or ‘‘(A) IN GENERAL.—Subject to any applica- of action relating to the compensation or restricted land may devise such an interest ble Federal law relating to the devise or de- consideration received by the Tribes under to the Indian tribe with jurisdiction over the scent of trust or restricted property, any in- the lease or conveyance. land so devised, or to any Indian in trust or terest in trust or restricted land that is not (c) NO PERMANENT ALIENATION OF WATER.— Nothing in this section authorizes any per- restricted status or as a passive trust inter- disposed of by a valid will shall— manent alienation of any water by the est (as provided for in section 207A). ‘‘(i) descend according to a tribal probate TATUS.—The devise of an interest in Tribes. ‘‘(B) S code that is approved pursuant to section Beginning on page 10–4, strike line 19 and trust or restricted land to an Indian under 206; or all that follows through page 10–9, line 14, subparagraph (A) shall not alter the status of ‘‘(ii) in the case of an interest in trust or and insert the following: such an interest as a trust or restricted in- restricted land to which such a code does not terest unless the testator provides that the apply, be considered an ‘intestate interest’ Subtitle B—Indian Probate Reform interest is to be held as a passive trust inter- and descend pursuant to paragraph (2), this SEC. 10201. SHORT TITLE. est. Act, and other applicable Federal law. This subtitle may be cited as the ‘‘Indian ‘‘(2) DEVISE OF TRUST OR RESTRICTED LAND ‘‘(B) CLASSIFICATIONS.—For purposes of ap- Probate Reform Act of 2002’’. IN PASSIVE TRUST OR FEE STATUS.— plying this subsection, intestate interests re- SEC. 10202. FINDINGS. ‘‘(A) IN GENERAL.—Except as provided in ferred to in subparagraph (A)(ii) shall be Congress makes the following findings: any applicable Federal law, any interest in classified as either— (1) The General Allotment Act of 1887 trust or restricted land that is not devised ‘‘(i) a devise or inheritance interest (an in- (commonly known as the ‘Dawes Act’), pursuant to paragraph (1) may only be de- terest acquired by a decedent through devise which authorized the allotment of Indian vised— or inheritance); or reservations, did not allow Indian allotment ‘‘(i) as a life estate to any non-Indian per- ‘‘(ii) an acquired interest (an interest ac- owners to provide for the testamentary dis- son (the remainder interest may only be de- quired by a decedent by any means other position of the land that was allotted to vised pursuant to clause (ii), subparagraph than devise or inheritance and an interest those owners. (C), or paragraph (1)(A)); acquired by a decedent through devise or in- (2) The Dawes Act provided that allot- ‘‘(ii)(I) to the testator’s lineal descendant heritance)— ments would descend according to State law or heir of the 1st or 2nd degree as a passive ‘‘(I) if the decedent— of intestate succession based on the location trust interest (to be known as an ‘eligible ‘‘(aa) acquired additional undivided inter- of the allotment. passive trust devisee’); or ests in the same parcel as the interest, by a (3) The Federal Government’s reliance on ‘‘(II) if the testator does not have an heir means other than devise or inheritance; or the State law of intestate succession with re- of the 1st or 2nd degree or a lineal descend- ‘‘(bb) acquired land adjoining the parcel of spect to the descendency of allotments has ant, to any lineal descendant of a testator’s land that includes the interest; or resulted in numerous problems affecting In- Indian grandparent as a passive trust inter- ‘‘(II) if the parcel of land that includes the dian tribes, their members, and the Federal est (to be known as an ‘eligible passive trust interest includes the decedent’s spouse’s res- Government. Those problems include— devisee’); or idence. (A) the increasing fractionated ownership ‘‘(iii) in fee status as provided for in sub- ‘‘(2) INTESTATE SUCCESSION.—An interest in of trust and restricted land as that land is paragraph (C). trust or restricted land described in para- inherited by successive generations of own- ‘‘(B) PRESUMED DEVISE OF PASSIVE TRUST graph (1)(A)(ii) (an intestate interest) shall ers as tenants in common; INTEREST.—Any devise to an eligible passive descend as provided for in this paragraph:

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‘‘(A) SURVIVING INDIAN SPOUSE.—If a dece- ‘‘(II) that share shall be divided equally ‘‘(B) CHILDREN.—For the purposes of this dent is survived by an Indian spouse and the among the surviving issue of the deceased section, if a testator executed his or her will decedent’s estate includes— person. prior to the birth or adoption of 1 or more ‘‘(i) one or more acquired interests, the de- ‘‘(C) NO INDIAN HEIRS.— children of the testator and the omission is cedent’s spouse shall receive all such ac- ‘‘(i) IN GENERAL.—For purposes of this sub- the product of inadvertence rather than an quired interests; or section, if a decedent does not have an In- intentional omission, those children shall ‘‘(ii) one or more devise or inheritance In- dian heir of the 1st or 2nd degree, an interest share in the decedent’s intestate interests in terests, and— shall descend to an Indian collateral heir trust or restricted land as if the decedent ‘‘(I) the decedent is not survived by an In- who is a co-owner of an interest owned by had died intestate. Any person recognized as dian heir of the first or second degree, the the decedent if any. an heir by virtue of adoption under the Act decedent’s spouse shall receive all such de- ‘‘(ii) MULTIPLE COLLATERAL HEIRS.—If— of July 8, 1940 (54 Stat 746), shall be treated vise or inheritance interests; or ‘‘(I) more than one Indian collateral heir as a decedent’s child under this section. ‘‘(II) the decedent is survived by an Indian owns an interest in an interest referred to in ‘‘(6) DIVORCE.— heir of the first or second degree, the dece- clause (i), the interest shall descend to the ‘‘(A) SURVIVING SPOUSE.— dent’s devise or inheritance interest shall de- collateral heir that owns the largest undi- ‘‘(i) IN GENERAL.—For the purposes of this scend pursuant to paragraph (3)(A). vided interest in the parcel; or section, an individual who is divorced from ‘‘(II) two or more collateral heirs own the decedent, or whose marriage to the dece- ‘‘(B) SURVIVING NON-INDIAN SPOUSE.—If a decedent is survived by a non-Indian spouse equal shares in an interest referred to in dent has been annulled, shall not be consid- clause (i), the interest passing pursuant to ered to be a surviving spouse unless, by vir- and the decedent’s estate includes— this subsection shall be divided equally be- tue of a subsequent marriage, the individual ‘‘(i) one or more acquired interests, the de- tween those collateral heirs that own equal is married to the decedent at the time of cedent’s spouse shall receive a life estate in shares. death. A decree of separation that does not such acquired interest, and if the decedent ‘‘(iii) NO OWNERSHIP.—If none of the dece- terminate the status of husband and wife is— dent’s collateral heirs own an interest in the shall not be considered a divorce for the pur- ‘‘(I) survived by an Indian heir of the 1st or interest referred to in clause (i), the interest poses of this subsection. 2nd degree, the remainder interests shall de- shall descend to the Indian tribe that exer- ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in scend pursuant to paragraph (3)(A); or cises jurisdiction over the parcel of trust or clause (i) shall be construed to prevent an ‘‘(II) not survived by an Indian heir of the restricted lands involved, subject to clause entity responsible for adjudicating interests 1st or 2nd degree, the remainder interest (iv). in trust or restricted land from giving force shall descend pursuant to paragraph (3)(C); ‘‘(iv) ACQUISITION OF INTEREST.—Notwith- and effect to a property right settlement if or standing clause (iii), an Indian co-owner of a one of the parties to the settlement dies be- ‘‘(ii) one or more devise or inheritance in- parcel of trust or restricted land may ac- fore the issuance of a final decree dissolving terests, and the decedent is— quire an interest subject to such clause by the marriage of the parties to the property ‘‘(I) survived by an Indian heir of the 1st or paying into the decedent’s estate, before the settlement. 2nd degree, such devise or inheritance inter- close of the probate of the decedent’s estate, ‘‘(B) EFFECT OF SUBSEQUENT DIVORCE ON A ests shall descend pursuant to paragraph the fair market value of the interest in such WILL OR DEVISE.—If after executing a will the (3)(A); or land. If more than 1 Indian co-owner testator is divorced or the marriage of the ‘‘(II) not survived by an Indian heir of the (including the Indian tribe referred to in testator is annulled, upon the effective date 1st or 2nd degree, such devise or inheritance clause (iii)) offers to pay for such an interest, of the divorce or annulment any disposition interest shall descend pursuant to paragraph the highest bidder shall acquire the interest. of interests in trust or restricted land made (3)(C). ‘‘(v) DEFINITION.—In this subparagraph, the by the will to the former spouse shall be ‘‘(C) NO SURVIVING SPOUSE.—If the decedent term ‘collateral heir’ means the decedent’s deemed to be revoked unless the will ex- is not survived by a spouse, and the dece- aunt, uncle, niece, nephew, and first cousin. pressly provides otherwise. Property that is dent’s estate includes one or more acquired ‘‘(4) SPECIAL RULE RELATING TO SURVIVAL.— prevented from passing to a former spouse interests or one or more devise or inherit- For purposes of this section, an individual based on the preceding sentence shall pass as ance interests and the decedent is— who fails to survive a decedent by at least if the former spouse failed to survive the de- ‘‘(i) survived by an Indian heir of the 1st or 120 hours is deemed to have predeceased the cedent. Any provision of a will that is re- 2nd degree, the acquired interests or devise decedent for the purposes of intestate succes- voked solely by operation of this paragraph or inheritance interests shall descend pursu- sion, and the heirs of the decedent shall be shall be revived by the testator’s remarriage ant to paragraph (3)(A); or determined accordingly. If it is not estab- to the former spouse. ‘‘(ii) not survived by an Indian heir of the lished by clear and convincing evidence that ‘‘(7) NOTICE.—To the extent practicable, 1st or 2nd degree, the acquired interests or an individual who would otherwise be an heir the Secretary shall notify the owners of devise or inheritance interests shall descend survived the decedent by at least 120 hours, trust and restricted land of the provisions of pursuant to paragraph (3)(C). the individual shall be deemed to have failed this Act. The notice may, at the discretion ‘‘(3) RULES APPLICABLE TO INTESTATE SUC- to survive for the required time-period for of the Secretary, be provided together with CESSION.— the purposes of the preceding sentence. the notice required under section 207(g).’’. ‘‘(A) INDIAN HEIRS.—For purposes of this ‘‘(5) PRETERMITTED SPOUSES AND CHIL- (c) RULE OF CONSTRUCTION.—Section 207 of subsection, Indian heirs of the 1st or 2nd de- DREN.— the Indian Land Consolidation Act (25 U.S.C. gree shall inherit in the following order: ‘‘(A) SPOUSES.—For the purposes of this 2206) is amended by adding at the end the fol- ‘‘(i) The Indian children of the decedent, in section, if the surviving spouse of a testator lowing: equal shares, or if one or more of those In- married the testator after the testator exe- ‘‘(h) RULE OF CONSTRUCTION.—For purposes dian children do not survive the decedent, cuted his or her will, the surviving spouse of subsections (a) and (b), any reference to such Indian children of the decedent’s de- shall receive the intestate share in trust or ‘applicable Federal law’ shall be construed to ceased child shall inherit by right of rep- restricted land that the spouse would have include Public Law 91-627 (84 Stat. 1874, resentation. otherwise received if the testator had died amending section 7 of the Act of August 9, ‘‘(ii) If the decedent has no Indian children intestate. The preceding sentence shall not 1946), Public Law 92-377 (86 Stat. 530), Public or grandchildren (that take by representa- apply to an interest in trust or restricted Law 92-443 (86 Stat. 744), Public Law 96-274 (94 tion under clause (i)), to the decedent’s In- land where— Stat. 537), and Public Law 98-513 (98 Stat. dian brothers and sisters in equal shares. ‘‘(i) the will is executed before the date of 2411). Nothing in this section shall be construed to amend or alter such Public Laws or ‘‘(iii) If the decedent has no Indian broth- enactment of this subsection; any other Federal law that provides for the ers or sisters, to the decedent’s Indian parent ‘‘(ii) the testator’s spouse is a non-Indian devise and descent of any trust or restricted or parents. and the testator has devised his or her inter- lands located on a specific Indian reserva- ‘‘(B) RIGHT OF REPRESENTATION.—For pur- ests in trust or restricted land to an Indian tion.’’. pose of this subsection, in any case involving or Indians; (d) PASSIVE TRUST STATUS FOR TRUST OR the determination of a right of representa- ‘‘(iii) it appears from the will or other evi- RESTRICTED LAND.—The Indian Land Con- tion— dence that the will was made in contempla- solidation Act is amended by inserting after ‘‘(i) each interest in trust land shall be tion of the testator’s marriage to the sur- section 207 (25 U.S.C. 2206) the following: equally divided into a number of shares that viving spouse; ‘‘SEC. 207A. PASSIVE TRUST STATUS FOR TRUST equals the sum of— ‘‘(iv) the will expresses the intention that OR RESTRICTED LAND. ‘‘(I) the number of surviving heirs in the it is to be effective notwithstanding any sub- ‘‘(a) PASSIVE TRUST.—The owner of an in- nearest degree of kinship; and sequent marriage; or terest in trust or restricted land may submit ‘‘(II) the number of deceased persons in ‘‘(v) the testator provided for the spouse by an application to the Secretary requesting that same degree, if any, who left issue who a transfer of funds or property outside of the that such interest be held in passive trust in- survive the decedent; will and an intent that the transfer be in lieu terest status. Such application may author- ‘‘(ii) each surviving heir described in of a testamentary provision is demonstrated ize the Secretary to amend or alter any ex- clause (i)(I) shall receive 1 share; and by the testator’s statements or is reasonably isting lease or agreement with respect to the ‘‘(iii)(I) each deceased person described in inferred from the amount of the transfer or interest that is the subject of the applica- clause (i)(II) shall receive 1 share; and other evidence. tion.

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‘‘(b) APPROVAL.—Upon the approval of an an application to commence the probate of submitted by an Indian tribe or proposed by application by the Secretary under sub- an interest in trust or restricted land held as the Secretary; and section (a), an interest in trust or restricted a passive trust interest. ‘‘(iii) review— land shall be held as a passive trust interest ‘‘(h) REGULATIONS.—The Secretary shall ‘‘(I) any proposed partition plan submitted in accordance with this section. promulgate regulations to implement this by any owner of an undivided interest in the ‘‘(c) REQUIREMENTS.—Except as provided in section.’’. parcel; and this section, an interest in trust or re- (e) PARTITION.—Section 205 of the Indian ‘‘(II) any comments or objections con- stricted land that is held as a passive trust Land Consolidation Act (25 U.S.C. 2204) is cerning a partition, or any proposed plan of amended by adding at the end the following: interest under this section— partition, submitted by any owner or any ‘‘(c) PARTITION.— ‘‘(1) shall continue to be covered under any other interested party. applicable tax-exempt status and continue to ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, in accordance with ‘‘(C) DETERMINATION NOT TO PARTITION.—If be subject to any restrictions on alienation the Secretary determines that a parcel of until such interest is patented in fee status; this subsection and subject to paragraphs (2), (3), and (4)— land cannot be partitioned in a manner that ‘‘(2) may, without the approval of the Sec- is fair and equitable to the owners of the par- retary, be— ‘‘(A) an Indian tribe may apply to the Sec- retary for the partition of a parcel of land cel, the Secretary shall inform each owner of ‘‘(A) leased for a period of not to exceed 25 the parcel of— years; that is— ‘‘(i) located within the reservation of the ‘‘(i) the determination of the Secretary; ‘‘(B) mortgaged pursuant to the Act of and March 29, 1956 (25 U.S.C. 483a); or Indian tribe; or ‘‘(ii) otherwise under the jurisdiction of ‘‘(ii) the right of the owner to appeal the ‘‘(C) sold or conveyed to an Indian, the In- determination. dian tribe that exercises jurisdiction over the Indian tribe; and ‘‘(D) PARTITION WITH CONSENT OF QUALIFIED the interest, or a co-owner of an interest in ‘‘(B) the Secretary may commence a proc- INDIAN TRIBE.—If the Secretary determines the same parcel of land if the co-owner owns ess for partitioning a parcel of land as provided for in paragraphs (2)(B) and (6)(B), if— that a parcel of land may be partitioned in a a pre-existing trust, restricted interest, or a ‘‘(i) an Indian tribe owns an undivided in- manner that is fair and equitable to the own- passive trust interest in the parcel; and terest in the parcel of land and such tribe ers of the parcel, and the Indian tribe meets ‘‘(3) may be subject to an ordinance or res- consents to the partition; the applicable ownership requirements under olution enacted under subsection (d). ‘‘(ii)(I) the tribe referred to in clause (i) clause (i) or (ii) of paragraph (2)(B), the Sec- ‘‘(d) ORDINANCE OR RESOLUTION FOR RE- meets the ownership requirement of clauses retary shall— MOVAL OF STATUS.— (i) or (ii) of paragraph (2)(B); or ‘‘(i) approve a plan of partition; ‘‘(1) IN GENERAL.—The governing body of ‘‘(ii) provide notice to the owners of the the Indian tribe that exercises jurisdiction ‘‘(II) the Secretary determines that it is parcel of the determination of the Secretary; over an interest in trust or restricted land reasonable to believe that the partition ‘‘(iii) make a copy of the plan of partition that is held as a passive trust interest in ac- would be in accordance with paragraph (2)(B)(iii); and available to each owner of the parcel; and cordance with this section may enact an or- ‘‘(iii) the tribe referred to in paragraph (3), ‘‘(iv) inform each owner of the right to ap- dinance or resolution to allow the owner of if any, consents to the partition. peal the determination of the Secretary to such an interest to apply to the Secretary For purposes of this subsection, the term partition the parcel in accordance with the for the removal of the trust or restricted sta- ‘eligible Indian tribe’ means an Indian tribe plan. tus of such portion of such lands that are described in subparagraph (A) and (B)(i). ‘‘(E) PARTITION WITH CONSENT; IMPLIED CON- subject to the tribe’s jurisdiction. ‘‘(2) TRIBAL OWNERSHIP.—A parcel of land SENT.—If the Secretary determines that a ‘‘(2) REVIEW BY SECRETARY.—The Secretary may be partitioned under this subsection if, parcel may be partitioned in a manner that shall review and may approve an ordinance with respect to the eligible Indian tribe in- is fair and equitable to the owners of the par- or resolution enacted by an Indian tribe pur- volved— cel, but the Indian tribe involved does not suant to paragraph (1) if the Secretary deter- ‘‘(A) the tribe owns an undivided interest meet the applicable ownership requirements mines that the ordinance or resolution is in the parcel of land; and under clause (i) or (ii) of paragraph (2)(B), consistent with this Act and will not in- ‘‘(B)(i) the tribe owns 50 percent or more of the Secretary shall— crease fractionated ownership of Indian land. ‘‘(e) REVENUES OR ROYALTIES.— the undivided interest in the parcel; ‘‘(i)(I) make a plan of partition available to ‘‘(1) IN GENERAL.—Except as provided in ‘‘(ii) the tribe is the owner of the largest the owners of the parcel; and paragraph (2), the Secretary shall not be re- quantity of undivided interest in the parcel; ‘‘(II) inform the owners that the parcel will sponsible for the collection of or accounting or be partitioned in accordance with the plan if for any lease revenues or royalties accruing ‘‘(iii) the owners of undivided interests the owners of 50 percent or more of undivided to an interest held as a passive trust interest equal to at least 50 percent of the undivided ownership interest in the parcel either— by any person under this section. interests in the parcel (including any undi- ‘‘(aa) consent to the partition; or ‘‘(2) EXCEPTION.—Paragraph (1) shall not vided interest owned by the tribe) consent or ‘‘(bb) do not object to the partition by such apply to an interest described in such para- do not object to the partition. deadline as may be established by the Sec- graph if the Secretary approves an applica- ‘‘(3) TRIBAL CONSENT.—A parcel of land retary; tion to have such interest be taken into ac- that is located within the reservation of an ‘‘(ii) if the owners of 50 percent or more of tive trust status on behalf of an Indian or an Indian tribe or otherwise under the jurisdic- undivided ownership interest in the parcel Indian tribe pursuant to regulations enacted tion of an Indian tribe shall be partitioned consent to the partition or do not object by by the Secretary. under this subsection only if the Indian tribe a deadline established by the Secretary ‘‘(3) RULE OF CONSTRUCTION.—Nothing in does not object to the partition. under clause (i)(II)(bb), inform the owners of this subsection shall be construed to alter ‘‘(4) APPLICABILITY.—This subsection shall the parcel that— the authority or responsibility of the Sec- not apply to any parcel of land that is the ‘‘(I) the plan for partition is final; and retary, if any, with respect to an interest in bona fide residence of any person unless the ‘‘(II) the owners have the right to appeal trust or restricted land held in active trust person consents to the partition in writing. the determination of the Secretary to parti- status, including an undivided interest with- ‘‘(5) PARTITION IN KIND.— tion the parcel; and in the same parcel of land as an undivided ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(iii) if the owners of 50 percent or more of passive trust interest. commence the partition process described in the undivided ownership interest in the par- ‘‘(f) JURISDICTION OVER PASSIVE TRUST IN- subparagraph (B) if— cel object to the partition, inform the Indian TEREST.—An Indian tribe that exercises ju- ‘‘(i) an eligible Indian tribe applies to par- tribe of the objection. risdiction over an interest in trust or re- tition a parcel of land under this paragraph; ‘‘(F) SUCCESSIVE PARTITION PLANS.—In car- stricted land that is devised or held as a pas- and rying out subparagraph (E) in accordance sive trust interest under this section shall ‘‘(ii)(I) the Secretary determines that the with paragraph (2)(B)(iii), the Secretary continue to exercise jurisdiction over the Indian tribe meets the applicable ownership may, in accordance with subparagraph (E)— land that is held as a passive trust interest requirements of clause (i) or (ii) of paragraph ‘‘(i) approve 1 or more successive plans of and any person holding, leasing, or otherwise (2)(B); or partition; and using such land shall be deemed to have con- ‘‘(II) the Secretary determines that it is ‘‘(ii) make those plans available to the sented to the jurisdiction of such a tribe reasonable to believe that the partition owners of the parcel. with respect to the use of such land, includ- would be in accordance with paragraph ‘‘(G) PLAN OF PARTITION—A plan of parti- ing any impacts associated with any use of (2)(B)(iii). tion approved by the Secretary in accord- such lands. ‘‘(B) PARTITION PROCESS.—In carrying out ance with subparagraph (D) or (E)— ‘‘(g) PROBATE OF PASSIVE TRUST INTER- any partition, the Secretary shall— ‘‘(i) may determine that 1 or more of the ESTS.—An interest in trust or restricted land ‘‘(i) provide, to each owner of any undi- undivided interests in a parcel are not sus- that is held as a passive trust interest under vided interest in the parcel to be partitioned, ceptible to a partition in kind; this section shall be subject to probate by through publication or other appropriate ‘‘(ii) may provide for the sale or exchange the Secretary pursuant to this Act and other means, notice of the proposed partition; of those undivided interests to— laws applicable to the probate of trust or re- ‘‘(ii) make available to any interested ‘‘(I) 1 or more of the owners of undivided stricted land. Any interested party may file party a copy of any proposed partition plan interests in the parcel; or

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‘‘(II) the Secretary in accordance with secretary shall inform the owners of the parcel (I) by striking ‘‘(A) IN GENERAL.—Para- tion 213; and of the right to appeal the determination of graph’’ and inserting the following: ‘‘(iii) shall provide that the sale of any un- the Secretary (including the results of the ‘‘(A) NONAPPLICABILITY TO CERTAIN INTER- divided interest referred to in clause (ii) final appraisal issued under subparagraph ESTS.— shall be for not less than the fair market (B)(v)(I)). ‘‘(i) IN GENERAL.—Paragraph’’; value of the interest. ‘‘(iii) OBJECTION TO PARTITION.—If the own- (II) by striking ‘‘if, while’’ and inserting ‘‘(6) PARTITION BY SALE.— ers of 50 percent or more of the undivided the following: ‘‘if— ‘‘(A) IN GENERAL.—The Secretary shall ownership interest in a parcel object to the ‘‘(I) while’’; commence the partition process described in partition of the parcel— (III) by striking the period and inserting ‘‘; subparagraph (B) if— ‘‘(I) the Secretary shall notify the Indian or’’; and ‘‘(i) an eligible Indian tribe applies to par- tribe of the objection; and (IV) by adding at the end the following: tition a parcel of land under this subsection; ‘‘(II) the Indian tribe and the Secretary ‘‘(II) the interest is part of a family farm and may agree to increase the amount offered to that is devised to a member of the decedent’s ‘‘(ii)(I) the Secretary determines that the purchase the undivided ownership interests family if the devisee agrees that the Indian Indian tribe meets the applicable ownership in the parcel. tribe that exercises jurisdiction over the requirements of clause (i) or (ii) of paragraph ‘‘(7) ENFORCEMENT.— land will have the opportunity to acquire the (2)(B); or ‘‘(A) IN GENERAL.—If, with respect to a par- interest for fair market value if the interest ‘‘(II) the Secretary determines that it is cel, a partition in kind is approved under is offered for sale to an entity that is not a reasonable to believe that the partition subparagraph (D) or (E) of paragraph (5), or member of the family of the owner of the would be in accordance with paragraph a partition by sale is approved under para- land. (2)(B)(iii). graph (6)(C), and the owner of an interest in ‘‘(ii) RECORDING OF INTEREST.—Upon the re- ‘‘(B) PARTITION PROCESS.—In carrying out or to the parcel fails or refuses to convey the quest of an Indian tribe described in clause any partition of a parcel, the Secretary— interest to the Indian tribe, the Indian tribe (i)(II), a restriction relating to the acquisi- ‘‘(i) shall conduct a preliminary appraisal or the United States may— tion by such tribe of an interest in the fam- of the parcel; ‘‘(i) bring a civil action in the United ‘‘(ii) shall provide, to the owners of the ily farm involved shall be recorded as part of States district court for the district in which the deed relating to the interest involved. parcel, through publication or other appro- the parcel is located; and priate means— ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in ‘‘(ii) request the court to issue an appro- clause (i)(II) shall be construed to prevent or ‘‘(I) notice of the application of the Indian priate order for the partition in kind, or par- tribe to partition the parcel; and limit the ability of an owner of land to which tition by sale to the Indian tribe, of the par- that clause applies to mortgage the land or ‘‘(II) access to the preliminary appraisal cel. conducted in accordance with clause (i); to limit the right of the entity holding such ‘‘(B) FEDERAL ROLE.—With respect to any ‘‘(iii) shall inform each owner of the parcel a mortgage to foreclose or otherwise enforce civil action brought under subparagraph such a mortgage agreement pursuant to ap- of the right to submit to the Secretary com- (A)— ments relating to the preliminary appraisal; plicable law. ‘‘(i) the United States— ‘‘(iv) DEFINITION.—In this paragraph, the ‘‘(iv) may, based on comments received ‘‘(I) shall receive notice of the civil action; under clause (iii), modify the preliminary ap- term ‘member of the decedent’s family’ and praisal or provide for the conduct of a new means the decedent’s lineal descendant, a ‘‘(II) may be a party to the civil action; appraisal; and lineal descendant of the grandparent of the and ‘‘(v) shall— decedent, the spouse of any such descendant, ‘‘(ii) no civil action brought under this sec- ‘‘(I) issue a final appraisal for the parcel; or the decedent’s spouse.’’; and tion shall be dismissed, and no relief re- ‘‘(II) provide to the owners of the parcel (ii) in subparagraph (B), by striking quested shall be denied, on the ground that and the appropriate Indian tribes access to ‘‘subparagraph (A)’’ and all that follows the civil action is against the United States the final appraisal; and through ‘‘207(a)(6)(B)’’ and inserting or that the United States is an indispensable ‘‘(III) inform the Indian tribes of the right ‘‘paragraph (1)’’; party.’’. to appeal the final appraisal. (3) in section 207 (25 U.S.C. 2206)— ‘‘(C) PURCHASE BY QUALIFIED INDIAN SEC. 10212. OTHER AMENDMENTS. (A) in subsection (c)— TRIBE.—If an eligible Indian tribe agrees to (a) OTHER AMENDMENTS.—The Indian Land (i) by redesignating paragraph (3) as para- pay fair market value for a partitioned par- Consolidation Act (25 U.S.C. 2201 et seq.) is graph (4); and cel, as determined by the final appraisal of amended— (ii) by inserting after paragraph (2) the fol- the parcel issued under subparagraph (1) in section 205(a) (25 U.S.C. 2204(a)), by lowing: (B)(v)(I) (including any appraisal issued by striking ‘‘over 50 per centum of the undi- ‘‘(3) ALIENATION OF JOINT TENANCY INTER- the Secretary after an appeal by the Indian vided interests’’ and inserting ‘‘undivided in- ESTS.— tribe under subparagraph (B)(v)(III)), and the terests equal to at least 50 percent of the un- ‘‘(A) IN GENERAL.—With respect to any in- Indian tribe meets the applicable ownership divided interest’’; terest held as a joint tenancy pursuant to requirements of clause (i) or (ii) of paragraph (2) in section 206 (25 U.S.C. 2205)— this subsection— (2)(B), the Secretary shall— (A) in subsection (a), by striking paragraph ‘‘(i) nothing in this subsection shall be con- ‘‘(i) provide to each owner of the parcel no- (3) and inserting the following: strued to alter the ability of the owner of tice of the decision of the Indian tribe; and ‘‘(3) TRIBAL PROBATE CODES.—Except as such an interest to convey a life estate in ‘‘(ii) inform the owners of the right to ap- provided in any applicable Federal law, the the owner’s undivided joint tenancy interest; peal the decision (including the right to ap- Secretary shall not approve a tribal probate and peal any final appraisal of the parcel referred code, or an amendment to such a code, that ‘‘(ii) only the last remaining owner of such to in subparagraph (B)(v)(III)). prevents the devise of an interest in trust or an interest may devise or convey more than ‘‘(D) PARTITION WITH CONSENT; IMPLIED CON- restricted land to— a life estate in such an interest. SENT.— ‘‘(A) an Indian lineal descendant of the ‘‘(B) APPLICATION OF PROVISION.—This para- ‘‘(i) IN GENERAL.—If an eligible Indian tribe original allottee; or graph shall not apply to any conveyance, agrees to pay fair market value for a parti- ‘‘(B) to an Indian who is not a member of sale, or transfer that is part of an agreement tioned parcel, as determined by the final ap- the tribe that exercises jurisdiction over referred to in subsection (e) or to a co-owner praisal of the parcel issued under subpara- such an interest unless the code provides for of a joint tenancy interest.’’; and graph (B)(v)(I) (including any appraisal the renouncing of interests (to eligible devi- (B) in subsection (g)(5), by striking ‘‘this issued by the Secretary after an appeal by sees pursuant to such a code), the oppor- section’’ and inserting ‘‘subsections (a) and the Indian tribe under subparagraph tunity for a devisee who is the testator’s (b)’’; (B)(v)(III)), but does not meet the applicable spouse or lineal descendant to reserve a life (4) in section 213 (25 U.S.C. 2212)— ownership requirements of clause (i) or (ii) of estate, and payment of fair market value in (A) in subsection (a)(2), by striking ‘‘(A) IN paragraph (2)(B), the Secretary shall— the manner prescribed under subsection GENERAL.—’’ and all that follows through ‘‘(I) provide notice to the owners of the un- (c)(2).’’; ‘‘subparagraph (A), the Secretary’’ and in- divided interest in the parcel; and (B) in subsection (c)(1)— serting ‘‘The Secretary’’; ‘‘(II) inform the owners that the parcel will (i) by striking ‘‘section 207(a)(6)(A)’’ and (B) in subsection (b)(4), by inserting before be partitioned by sale unless the partition is inserting ‘‘sections 207(a)(2)(A)(ii), the period the following: ‘‘through the use of opposed by the owners of 50 percent or more 207(a)(2)(C), and 207(a)(3)’’; and policies and procedures designed to accom- of the undivided ownership interest in the (ii) by striking the last sentence and in- modate the voluntary sale of interests under parcel. serting ‘‘The Secretary shall transfer such the pilot program (established by this Act) ‘‘(ii) FAILURE TO OBJECT TO PARTITION.—If payments to any person or persons who though the elimination of duplicate convey- the owners of 50 percent or more of undivided would have received an interest in land if the ance documents, administrative proceedings, ownership interest in or to a parcel consent interest had not been acquired by the tribe and transactions, notwithstanding the exist- to the partition or the parcel, or do not ob- pursuant to this paragraph.’’; and ence of any otherwise applicable policy, project to the partition by such deadline as may (C) in subsection (c)(2)— cedure, or regulation’’; and be established by the Secretary, the Sec- (i) in subparagraph (A)— (C) in subsection (c)—

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.070 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11765 (i) in paragraph (1)(A), by striking (III) in subparagraph (B), by striking the rior promulgates the regulation providing ‘‘landowner upon payment’’ and all that fol- period and inserting ‘‘; and’’; and for such exclusion. lows through the period and inserting the (IV) by adding at the end the following: (c) MORTGAGES AND DEEDS OF TRUST.—The following: ‘‘landowner— ‘‘(C) be used to acquire undivided interests Act of March 29, 1956 (25 U.S.C. 483a) is ‘‘(i) upon payment by the Indian landowner on the reservation where the income was de- amended in the first sentence of subsection of the amount paid for the interest by the rived.’’; and (a) by inserting ‘‘(including land owned by Secretary; or (ii) by striking paragraph (2) and inserting any person in passive trust status pursuant ‘‘(ii) if the Indian referred to in this sub- the following: to section 207A of the Indian Land Consolida- paragraph provides assurance that the pur- ‘‘(2) USE OF FUNDS.—The Secretary may tion Act)’’ after ‘‘land’’ the first place that chase price will be paid by pledging revenue utilize the revenue deposited in the Acquisi- such appears. from any source, including trust resources, tion Fund under paragraph (1) to acquire (d) ISSUANCE OF PATENTS.—Section 5 of the and the Secretary determines that the pur- some or all of the undivided interests in any Act of February 8, 1887 (25 U.S.C. 348) is chase price will be paid in a timely and effi- parcels of land pursuant to section 205.’’; amended by striking the second proviso and cient manner.’’; (7) in section 217 (25 U.S.C. 2216)— inserting the following: ‘‘Provided, That the (ii) in paragraph (1)(B), by inserting (A) in subsection (e)(3), by striking rules of intestate succession under the In- ‘‘unless the interest is subject to a fore- ‘‘prospective applicants for the leasing, use, dian Land Consolidation Act (25 U.S.C. 2201 closure of a mortgage pursuant to the Act of or consolidation of’’ and insert ‘‘any person et seq.) (including a tribal probate code ap- March 29, 1956 (25 U.S.C. 483a)’’ before the pe- that is leasing, using or consolidating, or is proved under that Act or regulations pro- riod; and applying to, lease, use, or consolidate,’’; and mulgated under that Act) shall apply thereto (iii) in paragraph (3), by striking ‘‘10 per- (B) by striking subsection (f) and inserting after those patents have been executed and cent of more of the undivided interests’’ and the following: delivered:’’. inserting ‘‘an undivided interest’’; (e) TRANSFERS OF RESTRICTED INDIAN ‘‘(f) PURCHASE OF LAND BY TRIBE.— (5) in section 214 (25 U.S.C. 2213), by strik- LAND.—Section 4 of the Act of June 18, 1934 ‘‘(1) IN GENERAL.—Before the Secretary ap- ing subsection (b) and inserting the fol- (25 U.S.C. 464), is amended in the first pro- proves an application to terminate the trust viso by striking ‘‘, in accordance with’’ and lowing: status or remove the restrictions on alien- ‘‘(b) APPLICATION OF REVENUE FROM AC- all that follows through the colon and insert- ation from a parcel of trust or restricted QUIRED INTERESTS TO LAND CONSOLIDATION ing ‘‘in accordance with the Indian Land land, the Indian tribe that exercises jurisdic- PILOT PROGRAM.— Consolidation Act (25 U.S.C. 2201 et seq.) tion over such a parcel shall have the oppor- ‘‘(1) IN GENERAL.—The Secretary shall have (including a tribal probate code approved a lien on any revenue accruing to an interest tunity to match any offer contained in such under that Act or regulations promulgated described under subsection (a) until the Sec- application, or where there is no purchase under that Act):’’. retary provides for the removal of the lien price offered, to acquire the interest in such SEC. 10213. EFFECTIVE DATE. under paragraph (3) or (4). land by paying the fair market value of such This amendments made by this subtitle ‘‘(2) REQUIREMENTS.—Until Secretary re- interest. shall not apply to the estate of an individual moves the lien from an interest of land as ‘‘(2) EXCEPTION FOR FAMILY FARMS.—Para- who dies prior to the later of— provided for in paragraph (1)— graph (1) shall not apply to a parcel of trust (1) the date that is 1 year after the date of ‘‘(A) any lease, resource sale contract, or restricted land that is part of a family enactment of this Act; or right-of-way, or other document evidencing a farm that is conveyed to a member of the (2) the date specified in section 207(g)(5) of transaction affecting the interest shall con- landowner’s family (as defined in section the Indian Land Consolidation Act (25 U.S.C. tain a clause providing that all revenue de- 206(c)(2)(A)(iv)) if the tribe that exercises ju- 2206(g)(5)). risdiction over the land is afforded the op- rived from the interest shall be paid to the CHAPTER 2—INHERITANCE OF CERTAIN portunity to purchase the interest if the in- Secretary; TRUST OR RESTRICTED LANDS ‘‘(B) any revenue derived from any interest terest is offered for sale to an entity that is not a member of the family of the owner of SEC. 10221. INHERITANCE OF CERTAIN TRUST OR acquired by the Secretary pursuant to sec- RESTRICTED LANDS. the land. Section 206(c)(2)(A) shall apply with tion 213 shall be paid into the fund created Section 5 of Public Law 98–513 (98 Stat. respect to the recording and mortgaging of under section 216; and 2411) is amended to read as follows: ‘‘(C) the Secretary may approve a trans- the trust or restricted land referred to in the ‘‘SEC. 5. (a) Notwithstanding any other pro- action covered under this section on behalf preceding sentence.’’; and vision of this Act— of a tribe notwithstanding any other provi- (8) in section 219(b)(1)(A) (25 U.S.C. ‘‘(1) subject to paragraph (2), the owner of sion of law, including section 16 of the Act of 2219(b)(1)(A)), by striking ‘‘100’’ and inserting an interest in trust or restricted land within June 18, 1934 (commonly known as the ‘‘90’’. the reservation may not devise an interest ‘Indian Reorganization Act’) (25 U.S.C. 476). (b) DEFINITION.— (including a life estate under section 4) in ‘‘(3) FINDINGS BY SECRETARY.—The Sec- (1) IN GENERAL.—Section 202(2) of the In- such land that is less than two and one half retary may remove a lien referred to in (1) if dian Land Consolidation Act (25 U.S.C. acres (or the equivalent thereof) to more the Secretary makes a finding that— 2201(2)) is amended— than one tribal member; ‘‘(A) the costs of administering the inter- (A) by striking ‘‘means any’’ and inserting ‘‘(2) the owner of an interest in trust or re- est will equal or exceed the projected reve- the following: ‘‘means— stricted land within the reservation may de- nues for the parcel of land involved; ‘‘(A) any’’; vise an interest (including a life estate under ‘‘(B) in the discretion of the Secretary, it (B) by striking ‘‘or any person who has section 4) in such land that is less than two will take an unreasonable period of time for been found to meet’’ and inserting the fol- and one half acres (or the equivalent thereof) the parcel of land to generate revenue that lowing: to more than one tribal member if each addi- equals the purchase price paid for the inter- ‘‘(B) any person who meets’’; and tional tribal member already holds an interest; or (C) by striking ‘‘if the Secretary’’ and all est to such land; and ‘‘(C) a subsequent decrease in the value of that follows through the semicolon and in- ‘‘(3) any interest in trust or restricted land land or commodities associated with the par- serting ‘‘, except that the Secretary may within the reservation that is less than two cel of land make it likely that the interest promulgate regulations to exclude any defi- and one half acres (or the equivalent thereof) will be unable to generate revenue that nition (except for definitions in laws that are that— equals the purchase price paid for the inter- related to land such as agriculture, grazing, ‘‘(A) would otherwise pass by intestate suc- est in a reasonable time. housing, Indian schools, economic develop- cession (including a life estate in such land ‘‘(4) REMOVAL OF LIEN.—Pursuant to the ment, cultural resources, natural resources, under section 4); or consultations referred to in section 213(b)(3), and other laws providing for programs with ‘‘(B) is devised to more than one tribal the Secretary shall periodically remove the benefits intended to run to Indian land- member that is not described in paragraph lien referred to in paragraph (1) from inter- owners and any future land-related pro- (2); ests in land acquired by the Secretary.’’; grams) if the Secretary determines that the shall escheat to the tribe, to be held in the (6) in section 216 (25 U.S.C. 2215)— definition is not consistent with the pur- name of the United States in trust for the (A) in subsection (a), by striking paragraph poses of this Act, or tribe. (2) and inserting the following: ‘‘(C) with respect to the ownership, devise, ‘‘(b) Not later than 180 days after the date ‘‘(2) collect all revenues received from the or descent of trust or restricted land in the of enactment of the Indian Probate Reform lease, permit, or sale of resources from inter- State of California, any person who meets Act of 2002, the Secretary shall provide no- ests acquired under section 213 or paid by In- the definition of Indians of California as con- tice to owners of trust or restricted lands dian landowners under section 213.’’; and tained in section 1 of the Act of May 18, 1928 within the Lake Traverse Reservation of the (B) in subsection (b)— (25 U.S.C. 651), until otherwise provided by enactment of this section by direct mail, (i) in paragraph (1)— Congress pursuant to section 809(b) of Public publication in the Federal Register, or (I) in the matter preceding subparagraph Law 94-437 (25 U.S.C. 1679(b));’’. through local newspapers. After providing (A), by striking ‘‘Subject to paragraph (2), (2) EFFECTIVE DATE.—Any exclusion re- such notice, the Secretary shall certify that all’’ and inserting ‘‘All’’; ferred to in the amendment made by para- the requirements of this subsection have (II) in subparagraph (A), by striking ‘‘and’’ graph (1)(C) shall apply only to those dece- been met and shall publish notice of such at the end; dents who die after the Secretary of the Inte- certification in the Federal Register.

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‘‘(c) The provisions of this section shall not ‘‘(d) AUTHORITY TO ACCEPT VOLUNTEER reduction program for the West Coast be enforceable with respect to the estate of SERVICES.—To help fulfill the duties of the ground-fish fishery pursuant to section 212 of any person who dies prior to the day that is Administrator, including authorities under the 2002 Supplemental Appropriations Act 365 days after the Secretary makes the re- the Act of 1947 (33 U.S.C. 883a et seq.), this for Further Recovery from and Response to quired certification under subsection (b).’’. Act, or in response to a maritime emergency, Terrorist Attacks on the United States, and Subtitle C—Settlement of Certain Foreign the Administrator may— subsections (b) through (e) of section 312 of Claims ‘‘(1) establish a volunteer program; the Magnuson-Stevens Act (16 U.S.C. 1861a ‘‘(2) enter into special agreements with (b) through (e)). SEC. 10301. SETTLEMENT OF CERTAIN CLAIMS. qualified organizations to assist in the im- (2) PROGRAM IMPLEMENTATION.—Within 90 (a) AUTHORIZATION FOR PAYMENT.—Subject plementation of a volunteer program; and days after the date of enactment of this Act, to subsection (b), the Secretary of the Treas- ‘‘(3) provide funding under the special the Secretary shall implement the program ury shall pay to the Pottawatomi Nation in agreement to the qualified organization for by publishing a public notice in the Federal Canada, notwithstanding any other provision the purposes of assisting in the administra- Register and issuing an invitation to bid for of law, $1,830,000 from amounts appropriated tion of the volunteer programs and for pro- reduction payments that specifies the con- under section 1304 of title 31, United States curing and maintaining insurance or other tractual terms and conditions under which Code. coverage for the organization and its mem- bids shall be made and accepted under this (b) PAYMENT IN ACCORDANCE WITH STIPULA- bers when conducting volunteer activities. section. TION FOR RECOMMENDATION OF SETTLEMENT.— ‘‘(e) LEGAL STATUS OF VOLUNTEERS.—Para- (3) APPLICATION OF MAGNUSON-STEVENS ACT; The payment appropriated under subsection graphs (1) through (5) of section 7(c) of the REGULATIONS.—Section 312 of the Magnuson- (a) shall be made in accordance with the Fish and Wildlife Act of 1956 (16 U.S.C. Stevens Act (16 U.S.C. 1861a), and subpart L terms and conditions of the Stipulation for 742f(c)) shall apply to volunteers providing of part 600 of title 50, Code of Federal Regu- Recommendation of Settlement dated May services to the Administrator under sub- lations, shall apply to the program imple- 22, 2000, entered into between the section (c) of this section, except that any mented under this section only to the extent Pottawatomi Nation in Canada and the reference in that section to the Secretary of that— United States (in this subtitle referred to as the Interior or the Secretary of Commerce (A) that section and that subpart are not the ‘‘Stipulation for Recommendation of shall be deemed to refer to the Adminis- inconsistent with any specific provision of Settlement’’) and included in the report of trator. this section; or the Chief Judge of the United States Court of ‘‘(f) QUALIFIED ORGANIZATION.—In this sec- (B) made inapplicable to the program Federal Claims regarding Congressional Ref- tion, the term ‘qualified organization’ means under paragraph (3) of this section. erence No. 94–1037X submitted to the Senate a non-governmental, not-for-profit organiza- (4) INAPPLICABLE REGULATIONS.—Sections on January 4, 2001, pursuant to the provi- tion, determined by the Administrator to 600.1001, 600.1002, 600.1003, 600.1005, 600.1010(b), sions of sections 1492 and 2509 of title 28, have demonstrated expertise in boating safe- 600.1010(d)(1), 600.1011(d), the last sentence of United States Code. ty and a commitment to improving the qual- section 600.1011(a), and the last sentence of (c) FULL SATISFACTION OF CLAIMS.—The ity of hydrographic services and related section 600.1014(f) of title 50, Code of Federal payment made under subsection (a) shall be oceanographic and meteorological informa- Regulations, shall not apply to the program in full satisfaction of all claims of the tion that is made available to mariners.’’. implemented under this section. Pottawatomi Nation in Canada against the (5) PROGRAM DEEMED ACCEPTED.—The pro- United States referred to or described in the SA 4983. Mr. REID (for Mr. KERRY) gram implemented under this section is Stipulation for Recommendation of Settle- proposed an amendment to the bill deemed to be accepted under section 600.1004 ment. H.R. 1989, to reauthorize various fish- of title 50, Code of Federal Regulations. (d) NONAPPLICABILITY.—Notwithstanding ing conservation management pro- (b) ELIGIBILITY.— any other provision of law, the Indian Tribal grams, and for other purposes: as fol- (1) IN GENERAL.—A reduction fishery is eli- Judgment Funds Use or Distribution Act (25 gible for capacity reduction under the pro- U.S.C. 1401 et seq.) shall not apply to the lows: gram implemented under this section. payment appropriated under subsection (a). At the end of the bill, add the following: (2) WHITING CATCHER-PROCESSOR EXCEP- Subtitle D—Certification of Rental Proceeds TITLE VI—MISCELLANEOUS FISHERIES TION.—Notwithstanding paragraph (1), no SEC. 10401. CERTIFICATION OF RENTAL PRO- PROVISIONS vessel harvesting and processing whiting in CEEDS. SEC. 601. REPORT ON OVERCAPACITY. the catcher-processors sector (as defined in Notwithstanding any other provision of (a) IN GENERAL.—The Secretary of Com- section 660.323(a)(4)(A) of title 50, Code of law, any actual rental proceeds from the merce shall, within 12 months after the date Federal Regulations) may participate in any lease of land acquired under section 1 of Pub- of enactment of his Act, and triennially capacity reduction referendum or industry lic Law 91–229 (25 U.S.C. 488) certified by the thereafter, submit to the Congress a report— fee established under this section. Secretary of the Interior shall be deemed— (1) identifying and describing the 20 fish- (c) APPLICATION OF SECTION 312 OF MAGNU- (1) to constitute the rental value of that eries in United States waters with the most SON-STEVENS ACT.—Subsections (b) through land; and severe examples of excess harvesting capac- (e) of section 312 of the Magnuson-Stevens (2) to satisfy the requirement for appraisal ity in the fisheries, based on value of each Act (16 U.S.C. 1861a) shall apply to the proof that land. fishery and the amount of excess harvesting gram implemented under this section, except that: Subtitle E—Tribal Sovereignty capacity as determined by the Secretary; (2) in any such fisheries subject to a re- (1) The program may apply to multiple SEC. 10601. TRIBAL SOVEREIGNTY. building program, identifying and describing fisheries, as appropriate. Section 16 of the Act of June 18, 1934 (25 the current capacity relative to the capacity (2) A referendum on the industry fee sys- U.S.C. 476), is amended by adding at the end that can be supported by the fishery: once tem shall occur after bids have been sub- the following: the fishery is rebuilt; mitted, and such bids have been accepted by ‘‘(h) TRIBAL SOVEREIGNTY.—Notwith- (3) recommending measures for reducing the Secretary, as follows: standing any other provision of this Act— excess harvesting capacity, including the re- (A) The members of the reduction fishery, ‘‘(1) each Indian tribe shall retain inherent tirement of any latent fishing permits that and persons who have been issued WA, OR, or sovereign power to adopt governing docu- could contribute to further excess harvesting CA Dungeness Crab and Pink Shrimp per- ments under procedures other than those capacity in those fisheries; and mits, shall be eligible to vote in the ref- specified in this section; and (4) identifying potential sources of funding erendum to approve an industry fee system. ‘‘(2) nothing in this Act invalidates any for such measures. (B) Referendum votes cast in each fishery constitution or other governing document (b) BASIS FOR RECOMMENDATIONS.—The Sec- shall be weighted in proportion to the debt adopted by an Indian tribe after June 18, retary shall base the recommendations under obligation of each fishery, as calculated in 1934, in accordance with the authority de- subsection (a)(3) made with respect to a fish- subsection (f) of this section. scribed in paragraph (1).’’. ery on— (C) The industry fee system shall be ap- (1) the most cost-effective means of achiev- proved if the referendum votes cast in favor SA 4982. Mr. REID (for Mr. KERRY ing voluntary reduction in capacity for the of the proposed system constitute a simple (for himself and Mr. HOLLINGS)) pro- fishery using the potential for industry fi- majority of the participating voting. posed an amendment to the bill H.R. nancing; and (3) Notwithstanding section 553 of title 5, 1989. To reauthorize various fishing (2) including measures to prevent the ca- United States Code, and section 312(e) of the conservation management programs, pacity that is being removed from the fish- Magnuson-Stevens Act (16 U.S.C. 1861a(e)), ery from moving to other fisheries in the the Secretary shall not prepare or publish and for other purposes; as follows: United States, in the waters of a foreign na- proposed or final regulations for the imple- At the appropriate place, add the fol- tion, or on the high seas. mentation of the program under this section lowing: SEC. 602. WEST COAST GROUNDFISH FISHERY CA- before the referendum is conducted. SEC. . AUTHORITY TO ACCEPT VOLUNTEER PACITY REDUCTION. (d) NO INTERFERENCE WITH OTHER PRO- SERVICES. (a) IN GENERAL.— POSED PROGRAM CHANGES OR SUBSEQUENT Section 303 (33 U.S.C. 892a), is amended by (1) PURPOSE OF SECTION.—The purpose of REGULATIONS.—Nothing in this section shall adding at the end the following: this section is to establish a fishing capacity be construed to prohibit—

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.070 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11767 (1) the Pacific Fishery Management Coun- and for each of the fee-share fisheries to SEC. 604. CLARIFICATION OF FLEXIBILITY. cil from recommending, or the Secretary which each of such products pertains. (a) IN GENERAL.—The Secretary of Com- from approving, changes to any fishery man- (3) SELLER PAYMENTS.—Each fish seller in merce has the discretion under the Magnu- agement plan, in accordance with applicable the reduction fishery and in each of the fee- son-Stevens Fishery Conservation and Man- law; or share fisheries shall pay the fees required by agement Act (16 U.S.C. 1851 et seq.) to extend (2) the Secretary from promulgating regu- the reduction loan-sub-amounts allocated to the time for rebuilding an overfished stock lations (including regulations governing this it under this subsection. beyond the time previously established by program), after an industry fee system has (4) STATE COLLECTION AGREEMENTS.—The the Secretary in a fishery management plan been approved by the reduction fishery. Secretary may enter into agreements with in order to meet substantially increased bio- (e) BIDS AND BID ACCEPTANCE.— the States of Washington, Oregon, and Cali- mass rebuilding targets subsequently estab- (1) IN GENERAL.—The Secretary shall deter- fornia to collect any fees established under lished for the fishery by the Secretary based mine, and state in the public notice pub- the section. on the best scientific information available, lished under subsection (a)(2) of this section, (g) LOAN TERM.—Notwithstanding section if— all program implementation aspects the Sec- 1111(b) of the Merchant Marine Act, 1936 (46 (1) the extension will apply only to those retary deems relevant. U.S.C. App. 1279(b)(4)), the reduction loan’s stocks for which the new biomass targets (2) BIDS ARE IRREVOCABLE.—Any bid sub- term shall not be less than 30 years. substantially exceed the targets previously (h) SENSE OF THE CONGRESS REGARDING AD- mitted in response to the invitation to bid established by 100 percent or more; DITIONAL POST-REDUCTION PROGRAM AC- issued by the Secretary under this section (2) the biomass rebuilding target pre- TIONS.—It is the sense of the Congress that shall be irrevocable. viously applicable to such stock will be met the States of Washington, Oregon, and Cali- (3) BID ACCEPTANCE PROCEDURE.—The Sec- or exceeded within the time for rebuilding fornia should revoke all relinquishment retary shall use a bid acceptance procedure previously established by the Secretary; permits in each of the fee-share fisheries im- that ranks each bid in accordance with this (3) the extension period is based on the bi- mediately after reduction payment, and oth- paragraph and with additional criteria, if ology of the stock, the rate of rebuilding, erwise to implement appropriate State fish- any, established by the Secretary. and the increase in the biomass rebuilding eries management and conservation provi- (A) BID SCORE.—For each bid from a quali- target, and is as short as possible; sions in each of the fee-share fisheries that fied bidder that meets the bidding require- (4) monitoring will ensure rebuilding con- establishes a program that meets the re- ments in the public notice or the invitation tinues; quirements of section 312(b(1)(B) of the Mag- to bid, the Secretary shall determine a bid (5) the extension meets the requirements of nuson-Stevens Act (16 U.S.C. 1861a(b)(1)(B)) score by dividing the bid’s dollar amount by section 301(a)(1) of that Act (16 U.S.C. as if it were applicable to fee-share fisheries. the average annual total ex-vessel dollar 1851(a)(1)); and (i) DEFINITIONS.—In this section: value of landings of Pacific groundfish, Dun- (6) the best scientific information available geness crab, and Pink Shrimp based on the 3 (1) FEE-SHARE FISHERY.—The term ‘‘fee- share fishery’’ means a fishery, other than shows that the extension will allow contin- highest total annual revenues earned from ued rebuilding. Pacific groundfish, Dungeness crab, and Pink the reduction fishery, whose members are eligible to vote in a referendum for an indus- (b) AUTHORITY.—Nothing in this section Shrimp that the bidder’s reduction vessel shall be construed to amend the Magnuson- landed during 1998, 1999, 2000, or 2001. For try fee system under subsection (c)(2). (2) REDUCTION FISHERY.—The term Stevens Fishery Conservation and Manage- purposes of this subparagraph, the term ment Act (16 U.S.C. 1851 et seq.) or to limit ‘‘total annual revenue’’ means the revenue ‘‘reduction fishery’’ means that portion of a fishery holding limited entry fishing permits or otherwise alter the authority of the Sec- earned in a single year from the Pacific retary under that Act. groundfish, Dungeness crab, and Pink shrimp endorsed for the operation of a trawl gear SEC. 605. REVIEW OF DATA COLLECTION AND AS- fisheries. and issued under the Federal Pacific Coast Groundfish Fishery Management Plan. SESSMENT METHODS. (B) BID RANKING AND ACCEPTANCE.—The (3) MAGNUSON-STEVENS ACT.—The term The Secretary of Commerce shall, com- Secretary shall accept each qualified bid in ‘‘Magnuson-Stevens Act’’ means the Magnu- mencing 60 days after the date of enactment rank order of bid score from the lowest to son-Stevens Fishery Conservation and Man- of this Act and annually every 7 years there- the highest until acceptance of the next agement Act (16 U.S.C. 1801 et seq.). after, conduct an independent peer review of qualified bid with the next lowest bid score (4) SECRETARY.—The term ‘‘Secretary’’ fishery management methods under this would cause the reduction cost to exceed the means the Secretary of Commerce. title, including evaluation and recommenda- reduction loan’s maximum amount. SEC. 603. NEW ENGLAND GROUNDFISH CAPACITY tions for— (4) ACCEPTANCE CREATES CONTRACT.—Ac- REDUCTION PLANNING. (1) survey sampling methods and protocols ceptance of bid by the Secretary shall create The Secretary of Commerce, in consulta- a binding reduction contract between the (including inspection, calibration, and main- tion with the New England Regional Fishery tenance of sampling gear) used in the collec- United States and the person whose bid is ac- Management Council, shall provide tech- cepted, the performance of which shall be tion of fishery and fishery-independent data nical, planning, and other assistance re- by or for the agency; subject only to the conclusion of a successful quested by Northeast multispecies fishery referendum. (2) stock assessment procedures (including participants, affected States and fishing methods for detecting and treating measure- (5) RELINQUISHMENT AND REVOCATION OF communities, or other interested parties for ment error); PERMITS.—A person whose bid is accepted by the development of an industry-funded ca- the Secretary under this section shall relin- (3) risk assessment and management strat- pacity reduction plan for the fishery (such as quish all permits in the reduction fishery egies; that authorized by section 211 of the 2002 and any Dungeness crab and Pink shrimp (4) data collection quality control and vali- Supplemental Appropriations Act for Fur- permits issued by Washington, Oregon, or dation methods; and ther Recovery from and Response to Ter- California. The Secretary shall revoke the (5) an evaluation of the need to develop rorist Attacks on the United States), includ- Pacific groundfish permit, as well as all Fed- new assessment, survey, and collection tech- ing planning for fisheries community transi- eral fishery licenses, fishery permits, area, niques designed to accommodate incomplete tion to sustainable fisheries. The Secretary and species endorsements, and any other or variable data or to evaluate or forecast ef- may provide technical and other assistance fishery privileges issued to a vessel or vessels fects of environmental fluctuations on fish- under the Magnuson-Stevens Fishery Con- (or to persons on the basis of their operation eries. servation and Management Act (16 U.S.C. or ownership of that vessel or vessels) re- SEC. 606. COOPERATIVE ENFORCEMENT AGREE- 1801 et seq.), the Coastal Zone Management moved under the program. MENTS. Act of 1972 (16 U.S.C. 1451 et seq.), the Na- (f) PROGRAM INDUSTRY FEE SYSTEM ALLO- (a) IN GENERAL.—The Governor of a State tional Sea Grant College Program Act (33 CATION.— (as defined in section 3(35) of the Magnuson- U.S.C. 1121 et seq.), or other applicable law (1) IN GENERAL.—The Secretary shall estab- Stevens Fishery Conservation and Manage- implemented by the Secretary, and may in- lish separate reduction loan sub-amounts ment Act (16 U.S.C. 1802(35)) may apply to clude— and repayment fees for fish sellers in the re- the Secretary of Commerce for execution of (1) quantification of overcapacity in the reduction fishery and for fish sellers in each of a cooperative enforcement agreement with built fishery; the Secretary that will authorize the depu- the fee-share fisheries by— (2) development of geographic and spatial tization of State law enforcement officers (A) dividing the total ex-vessel dollar value information and analyses for planning and with marine law enforcement responsibil- during the bid scoring period of all reduction projections; vessel landings from the reduction fishery (3) provision of socio-economic or fishery ities to perform duties of the Secretary re- and from each of the fee-share fisheries by data; lating to law enforcement provisions under the total such value of all such landings for (4) analyses of socio-economic effects of ca- this title or any other marine resource laws all such fisheries; and pacity reduction options; enforced by the Secretary. Upon receiving an (B) multiplying the reduction loan amount (5) public workshop planning and support application meeting the requirements of this by each of the quotients resulting from each or other mechanisms for public input; section, the Secretary shall enter into a of the divisions above. (6) small business financial planning and joint enforcement agreement with the re- (2) REDUCTION LOAN SUB-AMOUNT.—Each of advice; and questing State. the resulting products shall be the reduction (7) identification of Federal assistance pro- (b) REQUIREMENTS.—Joint enforcement loan sub-amount for the reduction fishery grams. agreements executed under subsection (a)—

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(1) shall be consistent with the purposes Fishery Management Councils established (e) GUIDELINES.—The Secretary, in con- and intent of section 311(a) of the Magnuson- under title III of the Magnuson-Stevens sultation with the appropriate Regional Stevens Fishery Conservation and Manage- Fishery Conservation and Management Act Fisheries Management Council established ment Act (16 U.S.C. 1861(a)), to the extent ap- (16 U.S.C. 1851 et seq.), shall establish a na- under title III of that Act, shall establish plicable to the regulated activities; and tional cooperative research and management guidelines to ensure that participation in a (2) may include specifications for joint program to address needs identified under research project funded under this section management responsibilities as provided by the Magnuson Stevens Fisheries Conserva- does not result in loss of participant’s catch the first section of Public Law 91–412 (15 tion and Management Act and under any history or unexpended days-at-sea as part of U.S.C. 1525). other marine resource laws enforced by the a limited entry system. (c) ALLOCATIONS OF FUNDS.—The Secretary Secretary. The program shall make funds SEC. 609. COOPERATIVE MARINE EDUCATION shall include in each cooperative enforce- available for cooperative research and man- AND RESEARCH. ment agreement an allocation of funds to as- agement activities that are developed For the purpose of developing adequate, co- sist in management of the agreement. The through partnerships among Federal and ordinated, cooperative research and training allocation shall be equitably distributed State managers and scientists, fishing indus- programs for living marine resources, the among all States participating in coopera- try participating, and educational institu- Secretary of Commerce may establish a Co- tive enforcement agreement under this sub- tions. operative Marine Education and Research section, based upon consideration of the spe- (b) ELIGIBLE PROJECTS.—The Secretary Program. Under this program the Secretary cific marine conservation enforcement needs shall make funds available under the pro- is authorized to enter into cooperative agree- of each participating State. Such agreement gram for the support of projects to address ments with universities and institutions of may provide for amounts to be withheld by critical needs identified by the Secretary in higher learning in order to conduct basic re- the Secretary for the cost of any technical or consultation with the Regional Fisheries search in areas that support conservation other assistance provided by the State by Management Councils established under and management of living marine resources. the Secretary under the agreement. such title, that pertain to the collection and Research conducted under this program may SEC. 607. FISHERIES OUTREACH AND TRAINING. analysis of data and information on living include conservation engineering, research The Secretary of Commerce shall establish marine resources, including data on land- and development (including development of a regional fisheries outreach program within ings, fishing effort, life history parameters, fishing gear and methods to reduce bycatch the National Marine Fisheries Service to fos- biology, habitat, economics and social and habitat impacts) and biological research ter understanding and practical use of sciences, including those information needs concerning the abundance and life history knowledge and technical expertise relevant identified pursuant to section 401 of that Act parameters of stocks of fish, the inter- to living marine resources. In establishing (16 U.S.C. 1881) or the development of meas- dependence of fisheries or stocks of fish and the program, the Secretary shall, in coopera- ures to promote innovative of cooperative other ecosystem components, and the link- tion with the National Sea Grant College management of fisheries, including develop- ages between fish habitat and fish produc- Program and the Regional Fishery Manage- ment of innovative gear, methods, and tech- tion or abundance. ment Councils established under title III of nology. Such program shall promote and en- SEC. 610. GULF OF MEXICO FISHING QUOTA SYS- the Magnuson-Stevens Fishery Conservation courage efforts to mine and recover useful TEMS. and Management Act (16 U.S.C. 1851 et seq.), sources of data maintained by other Federal Section 407 of the Magnuson-Stevens Fish- develop a comprehensive effort to improve agencies, State agencies, or academic for use ery Conservation and Management Act (16 communication, education, and outreach to in such projects. In making funds available U.S.C. 1883) is amended— fishing communities, the fishing industry, the Secretary shall give priority to the fol- (1) in subsection (c) by inserting at the end the conservation community and interested lowing projects. the following: members of the public at the regional, State, (1) Projects to collect data to improve, sup- ‘‘(3) The initial referendum described in and local levels. The program shall— plement, or enhance stock assessments, in- paragraph (1) shall be used to determine sup- (1) establish a program of demonstrations, cluding through the use of fishing vessels or port for whether the sale, transfer, or lease workshops, townhall and industry and other acoustic or other innovative marine tech- of quota shares shall be allowed.’’. non-scientific meetings for public under- nology. (2) by inserting at the end the following: standing of National Marine Fisheries Serv- (2) Projects to improve calibration and ac- ‘‘(e) In order to facilitate balanced and fair ice research, technology, or other informa- curacy of data collection gear and methods. apportionment of fishing interests, a Gov- tion relating the conservation and manage- (3) Conservation engineering projects de- ernor of a State submitting names of individ- ment of fishery and other living marine resigned to reduce bycatch, minimize mor- uals for appointment by the Secretary of sources; tality of bycatch, or minimize fishery im- Commerce to the Gulf of Mexico Fisheries (2) establish outreach programs and proce- pacts on essential fish habitat. Management Council under section 302(b)(2) dures designed to improve the transparency (4) Projects to assess the amount and type of this Act during Fiscal Years 2003–2004 and accessibility of fishery stock assess- of bycatch occurring in a fishery. shall include at least one nominee each from ments to the public, including dissemination (5) Projects for the identification, con- the commercial fishing sector and the rec- of explanatory materials through the Inter- servation, or restoration of habitat areas of reational fishing sector (including the for- net; particular concern. hire fishing sector). If the Secretary deter- (3) provide periodic training of members, (6) Projects designed to identify ecosystem mines that a submission from such a Gov- staff, and advisory committee members of effects of fishing, to monitor marine eco- ernor does not meet the requirements of sub- the Regional Fishery Management Councils system trends and dynamics, or to link cli- section (a), the Secretary shall— established under that title, on implementa- mate forecasts to stock assessments or oth- ‘‘(1) for an at-large seat, select a nominee tion of the National Standards established erwise explore ecosystem-based approaches from a list submitted by a State that com- under title III of the Magnuson Stevens Fish- to governance. plies with this subsection; and eries Conservation and Management Act (16 (7) Projects designed to collect and compile ‘‘(2) for a seat assigned to that State, se- U.S.C. 1851 et seq.), the requirements of Na- economic and social data, including data to lect no nominee for that seat until the Gov- tional Environmental Policy Act and chap- evaluate the long-term impact of conserva- ernor complies with this subsection.’’. ter 6 of title 5, United States Code, and any tion and management measures on fishing SEC. 611. AUTHORIZATION OF APPROPRIATIONS. other law applicable to the development of communities and data to evaluate economic There are authorized to be appropriated to fishery management plans; motivation of harvesters. carry out the provisions of this title— (4) identify, with the fishing industry, (c) SELECTION OF PROJECTS.—Each research (1) for science review and outreach— methods of improving collection, quality, project shall be awarded by the Secretary on (A) $10,000,000 for fiscal year 2003; and reporting of fishery dependent data; a competitive basis under procedures estab- (B) $11,000,000 for fiscal year 2004; (5) study the response of the regulated in- lished by the Secretary in consultation with (C) $12,000,000 for fiscal year 2005; dustry to fishery management regulations the Regional Fisheries Management Councils (D) $13,000,000 for fiscal year 2006; and established under title III of the Magnuson- (E) $14,000,000 for fiscal year 2007; and develop management approaches that (2) for cooperative enforcement— consider such behavior; Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1851 et seq.). To the ex- (A) $27,000,000 for fiscal year 2003; (6) foster communications and technology- (B) $29,000,000 for fiscal year 2004; transfer programs among regions to improve tent practicable, the projects selected should (C) $31,000,000 for fiscal year 2005; fish conservation and management; collectively conform to a coherent program (D) $33,000,000 for fiscal year 2006; and (7) establish means of communicating in- of research leading to solving priority pro- (E) $35,000,000 for fiscal year 2007; and formation to the general public in an acces- grams. Each Regional Fisheries Management (3) for cooperative research— sible and understandable form (including Council established under that title shall es- (A) $30,000,000 for fiscal year 2003; web-based communications); and tablish a research steering committee to (B) $35,000,000 for fiscal year 2004; (8) develop partnerships with other agen- carry out this section. (C) $40,000,000 for fiscal year 2005; cies, academic institutions, and other enti- (d) EXPERIMENTAL PERMITTING PROCESS.— (D) $45,000,000 for fiscal year 2006; and ties to meet the purposes of this section. The Secretary, in consultation with the Re- (E) $50,000,000 for fiscal year 2007. SEC. 608. COOPERATIVE RESEARCH AND MAN- gional Fisheries Management Councils es- TITLE VII—MISCELLANEOUS AGEMENT PROGRAM. tablished under title III of that Act shall es- SEC. 701. CHESAPEAKE BAY OFFICE. (a) IN GENERAL.—The Secretary of Com- tablish an expedited permitting process for (a) REAUTHORIZATION OF OFFICE.—Section merce, in consultation with the Regional projects approved under this section. 307 of the National Oceanic and Atmospheric

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.141 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11769 Administration Authorization Act of 1992 (15 ‘‘(6) remain cognizant of ongoing research, to the Chesapeake Bay Agreement, and any U.S.C. 1511d) is amended to read as follows: monitoring, and management projects and future signatories to that Agreement. ‘‘SEC. 307. CHESAPEAKE BAY OFFICE. assist in the dissemination of the results and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) ESTABLISHMENT.—(1) The Secretary of findings of those projects; and There is authorized to be appropriated to the Commerce shall establish, within the Na- ‘‘(7) submit a biennial report to the Con- Department of Commerce for the Chesapeake tional Oceanic and Atmospheric Administra- gress and the Secretary of Commerce with Bay Office $6,000,000 for each of fiscal years tion, an office to be known as the Chesa- respect to the activities of the Office and on 2002 through 2006.’’. peake Bay Office (in this section referred to the progress made in protecting and restor- (b) CONFORMING AMENDMENT.—Section 2 of as the ‘Office’). ing the living resources and habitat of the the National Oceanic and Atmospheric Ad- ‘‘(2) The Office shall be headed by a Direc- Chesapeake Bay, which report shall include ministration Marine Fisheries Program Au- tor who shall be appointed by the Secretary an action plan consisting of— thorization Act (Public Law 98–210; 97 Stat. of Commerce, in consultation with the ‘‘(A) a list of recommended research, moni- 1409) is amended by striking subsection (e). Chesapeake Executive Council. Any indi- toring, and data collection activities nec- (c) MULTIPLE SPECIES MANAGEMENT STRAT- vidual appointed as Director shall have essary to continue implementation of the EGY.— (1) IN GENERAL.—Not later than 180 days knowledge and experience in research or re- strategy described in paragraph (2); and after the date of enactment of this Act, the source management efforts in the Chesa- ‘‘(B) proposals for— Director of the Chesapeake Bay Office of the peake Bay. ‘‘(i) continuing any new National Oceanic National Oceanic and Atmospheric Adminis- ‘‘(3) The Director may appoint such addi- and Atmospheric Administration activities tration shall begin a 5-year study, in co- tional personnel for the Office as the Direc- in the Chesapeake Bay; and operation with the scientific community of tor determines necessary to carry out this ‘‘(ii) the integration of those activities the Chesapeake Bay, appropriate State and section. with the activities of the partners in the Chesapeake Bay Program to meet the com- interstate resource management entities, ‘‘(b) FUNCTIONS.—The Office, in consulta- and appropriate Federal agencies— tion with the Chesapeake Executive Council, mitments of the Chesapeake 2000 agreement (A) to determine and expand the under- shall— and subsequent agreements. ‘‘(c) CHESAPEAKE BAY FISHERY AND HABITAT standing of the role and response of living re- ‘‘(1) provide technical assistance to the Ad- RESTORATION SMALL WATERSHED GRANTS sources in the Chesapeake Bay ecosystem; ministrator, to other Federal departments PROGRAM.— and and agencies, and to State and local govern- ‘‘(1) IN GENERAL.—The Director of the (B) to develop a multiple species management agencies in— Chesapeake Bay Office of the National Oce- ment strategy for the Chesapeake Bay. ‘‘(A) assessing the processes that shape the anic and Atmospheric Administration (in (2) REQUIRED ELEMENTS OF STUDY.—In order Chesapeake Bay system and affect its living this section referred to as the ‘Director’), in to improve the understanding necessary for resources; cooperation with the Chesapeake Executive the development of the strategy under para- ‘‘(B) identifying technical and manage- Council, shall carry out a community-based graph (1)(B), the study shall— ment alternatives for the restoration and fishery and habitat restoration small grants (A) determine the current status and protection of living resources and the habi- and technical assistance program in the trends of fish and shellfish that live in the tats they depend upon; and Chesapeake Bay watershed. Chesapeake Bay and its tributaries and are ‘‘(C) monitoring the implementation and ‘‘(2) PROJECTS.— selected for study; effectiveness of management plans; ‘‘(A) SUPPORT.—The Director shall make (B) evaluate and assess interactions among ‘‘(2) develop and implement a strategy for grants under this subsection to pay the Fed- the fish and shellfish referred to in subpara- the National Oceanic and Atmospheric Ad- eral share of the cost of projects that are graph (A) and other living resources, with ministration that integrates the science, re- carried out by entities eligible under para- particular attention to the impact of search, monitoring, data collection, regu- graph (3) for the restoration of fisheries and changes within and among trophic levels; latory, and management responsibilities of habitats in the Chesapeake Bay. and the Secretary of Commerce in such a manner ‘‘(B) FEDERAL SHARE.—The Federal share (C) recommend management actions to op- as to assist the cooperative, intergovern- under subparagraph (A) shall not exceed 75 timize the return of a healthy and balanced mental Chesapeake Bay Program to meet percent. ecosystem for the Chesapeake Bay. the commitments of the Chesapeake Bay ‘‘(C) TYPES OF PROJECTS.—Projects for SEC. 702. CONVEYANCE OF NOAA LABORATORY Agreement; which grants may be made under this sub- IN TIBURON, CALIFORNIA. ‘‘(3) coordinate the programs and activities section include— (a) IN GENERAL.—Except as provided in of the various organizations within the Na- ‘‘(i) the improvement of fish passageways; subsection (c), the Secretary of Commerce tional Oceanic and Atmospheric Administra- ‘‘(ii) the creation of natural or artificial may convey to the Board of Trustees of the tion, the Chesapeake Bay Regional Sea reefs or substrata for habitats; California State University, by suitable in- Grant Programs, and the Chesapeake Bay ‘‘(iii) the restoration of wetland or sea strument, in accordance with this section, units of the National Estuarine Research Re- grass; by as soon as practicable, but not later than serve System, including— ‘‘(iv) the production of oysters for restora- 180 days after the date of the enactment of ‘‘(A) programs and activities in— tion projects; and this Act, and without consideration, all ‘‘(i) coastal and estuarine research, moni- ‘‘(v) the prevention, identification, and right, title, and interest of the United States toring, and assessment; control of nonindigenous species. in the balance of the National Oceanic and ‘‘(ii) fisheries research and stock assess- ‘‘(3) ELIGIBLE ENTITIES.—The following en- Atmosphere Administration property known ments; tities are eligible to receive grants under as the Tiburon Laboratory, located in ‘‘(iii) data management; this subsection: Tiburon, California, as described in Exhibit ‘‘(iv) remote sensing; ‘‘(A) The government of a political subdivi- A of the notarized, revocable license between ‘‘(v) coastal management; sion of a State in the Chesapeake Bay water- the Administration and Romberg Tiburon ‘‘(vi) habitat conservation and restoration; shed, and the government of the District of Center for Environmental Studies at San and Columbia. Francisco State University dated November ‘‘(vii) atmospheric deposition; and ‘‘(B) An organization in the Chesapeake 5, 2001 (license number 01ABF779–N). ‘‘(B) programs and activities of the Cooper- Bay watershed (such as an educational insti- (b) CONDITIONS.—As a condition of any con- ative Oxford Laboratory of the National tution or a community organization)— veyance by the Secretary under this section Ocean Service with respect to— ‘‘(i) that is described in section 501(c) of the Secretary may require the following: ‘‘(i) nonindigenous species; the Internal Revenue Code of 1986 and is ex- (1) The property conveyed shall be admin- ‘‘(ii) estuarine and marine species pathol- empt from taxation under section 501(a) of istered by the Romberg Tiburon Center for ogy; that Code; and Environmental Studies at San Francisco ‘‘(iii) human pathogens in estuarine and ‘‘(ii) that will administer such grants in State University and used only for the fol- marine environments; and coordination with a government referred to lowing purposes: ‘‘(iv) ecosystem health; in subparagraph (A). (A) To enhance estuarine scientific re- ‘‘(4) coordinate the activities of the Na- ‘‘(4) ADDITIONAL REQUIREMENTS.—The Di- search and estuary restoration activities tional Oceanic and Atmospheric Administra- rector may prescribe any additional require- within San Francisco Bay. tion with the activities of the Environ- ments, including procedures, that the Direc- (B) To administer and coordinate manage- mental Protection Agency and other Fed- tor considers necessary to carry out the pro- ment activities at the San Francisco Bay eral, State, and local agencies; gram under this subsection. National Estuarine Research Reserve. ‘‘(5) establish an effective mechanism ‘‘(d) CHESAPEAKE EXECUTIVE COUNCIL.—For (C) To conduct education and interpreta- which shall ensure that projects have under- purposes of this section, ‘Chesapeake Execu- tion and outreach activities to enhance pub- gone appropriate peer review and provide tive Council’ means the representatives from lic awareness and appreciation of estuary re- other appropriate means to determine that the Commonwealth of Virginia, the State of sources, and for other purposes. projects have acceptable scientific and tech- Maryland, the Commonwealth of Pennsyl- (2) The Board shall— nical merit for the purpose of achieving max- vania, the Environmental Protection Agen- (A) take title to the property as is; imum utilization of available funds and re- cy, the District of Columbia, and the Chesa- (B) assume full responsibility for all facil- sources to benefit the Chesapeake Bay area; peake Bay Commission, who are signatories ity maintenance and repair, security, fire

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.143 S20PT2 S11770 CONGRESSIONAL RECORD — SENATE November 20, 2002 prevention, utilities, signs, and grounds (B) the Board of Trustees hold harmless Science Foundation, and the Administrator maintenance; the Secretary for any and all costs, liabil- of the Environmental Protection Agency, (C) allow the Secretary to have all nec- ities, or claims by third parties that arise $35,000,000 for the planning, design, construc- essary ingress and egress over the property out of any hazardous or toxic substance con- tion, and support of the Borrow Arctic Re- of the Board to access Department of Com- tamination found on the property conveyed search Center. merce building and related facilities, equip- under subsection (a) that are not directly at- SEC. 704. EMERGENCY ASSISTANCE FOR SUBSIST- ment, improvements, modifications, and al- tributable to the installation, operation, or ENCE WHALE HUNTERS. terations; and maintenance of the Secretary’s facilities, Notwithstanding any provision of law, the (D) not erect or allow to be erected any equipment, fixtures, improvements, modi- structure or structures or obstruction of use of a vessel to tow a whale taken in a tra- fications, or alternations; ditional subsistence whale hunt permitted by whatever kind that interfere with the access (2) the Secretary shall remediate, at the to or operation of property retained for the Federal law and conducted in waters off the sole cost of the United States, all hazardous coast of Alaska is authorized, if such towing United States under subsection (c)(1), unless or toxic substance contamination on the prior written consent has been provided by is performed upon a request for emergency property retained under subsection (c) that assistance made by a subsistence whale the Secretary to the Board. is found to have occurred as a direct result of (c) RETAINED INTERESTS.—The Secretary hunting organization formally recognized by the installation, operation, or maintenance an agency of the United States Government, shall retain for the United States— of the Secretary’s facilities, equipment, fix- (1) all right, title, and interest in and to or made by a member of such an organiza- tures, improvements, modifications, or alter- the portion of the property referred to in tion, to prevent the loss of a whale. nations; and subsection (a) comprising Building 86, identi- (3) if the Secretary decides to terminate SEC. 705. INTERNATIONAL PACIFIC RESEARCH fied as Parcel C on Exhibit A of the license AND COOPERATION. future occupancy and interest of the prop- referred to in subsection (a), including all fa- erty retained under subsection (c), the Sec- The Secretary of Commerce, in coopera- cilities, equipment, fixtures, improvements, retary may— tion with the Administrator of the National modifications, or alterations made by the (A) provide written notice to the Board at Aeronautics and Space Administration, shall Secretary; least 60 days prior to the scheduled date conduct international research in the Pacific (2) rights-of-way and easements that are when the property will be vacated; region that will increase understanding of determined by the Secretary to be reason- (B) remove facilities, equipment, fixtures, the nature and predictability of climate var- able and convenient to ensure all necessary improvements, modifications, or alter- iability in the Asia-Pacific sector, including ingress, egress, utilities, drainage, and sew- nations and restore the property to as good regional aspects of global environmental age disposal for the property retained under a condition as existed at the time the prop- change. Such research activities shall be paragraph (1), including access to the exist- erty was retained under subsection (c), tak- conducted in cooperation with other nations ing boat launch ramp (or equivalent) and ing into account ordinary wear and tear and of the region. There are authorized to be ap- parking that is suitable to the Secretary; propriated for purposes of this section (3) the exclusive right to install, maintain, exposure to natural elements or phenomena; or $3,500,000 to the National Oceanic and At- repair, replace, and remove its facilities, fix- mospheric Administration. tures, and equipment on the retained prop- (C) surrender all facilities, equipment, fix- erty, and to authorize other persons to take tures, improvements, modifications, or alter- SEC. 706. TREATY ON PACIFIC COAST ALBACORE TUNA. any such action; ations to the Board in lieu of restoration, (4) the right to grade, condition, and in- whereupon title shall vest in the Board of (a) FOREIGN FISHING UNDER TREATY; IMPLE- stall drainage facilities, and to seed soil on Trustees, and whereby all obligations of res- MENTATION.—Section 201 of the Magnuson- the retained property, if necessary; and toration under this subsection shall be Stevens Fishery Conservation and Manage- (5) the right to remove all obstructions waived, and all interests retained under sub- ment Act (16 U.S.C. 1821) is amended by add- from the retained property that may con- section (e) shall be revoked. ing at the end the following stitute a hindrance to the establishment and (f) REVERSIONARY INTEREST.— ‘‘(j) TREATY ON PACIFIC COAST ALBACORE maintenance of the retained property. (1) IN GENERAL.—All right, title, and inter- TUNA VESSELS.— (d) EQUIVALENT ALTERNATIVE.— est in and to all property and interests con- ‘‘(1) Notwithstanding subsection (a) and (1) IN GENERAL.—At any time, either the veyed by the United States under this sec- section 307(2)(B), foreign fishing may be con- Secretary or the Board may request of each tion shall revert to the United States on the ducted pursuant to the Treaty between the other to enter into negotiations pursuant to date on which the Board uses any of the Government of the United States of America which the Board may convey if appropriate property for any purpose other than the pur- and the Government of Canada on Pacific to the United States, in exchange for prop- poses described in subsection (b)(1). Coast Albacore Tuna Vessels and Port Privi- erty conveyed by the United States under (2) ADMINISTRATION OF REVERTED PROP- leges, signed May 26, 1981, and any amend- subsection (a), another building that is ERTY.—Any property that reverts to the ments thereto. equivalent in function to the property, re- United States under this subsection shall be ‘‘(2) The Secretary of Commerce may pro- tained under subsection (c) that is accept- under the administrative jurisdiction of the mulgate regulations necessary to discharge able to the Secretary. Administrator of General Services. Federal obligations under the Treaty be- (2) LOCATION.—Property conveyed by the (3) ANNUAL CERTIFICATION.—One year after tween the Government of the United States Board under this subsection is not required the date of a conveyance made pursuant to of America and the Government of Canada to be located on the property referred to in subsection (a), and annually thereafter, the on Pacific Coast Albacore Tuna Vessels and subsection (a). Board shall certify to the Administrator of (3) COSTS.—If the Secretary and the Board Port Privileges, signed May 26, 1981, includ- General Services or his or her designee that ing its Annexes and any amendments there- engage in a property exchange under this the Board and its designees are in compli- subsection, all costs for repair, removal, and to. The proposed rulemaking and public par- ance with the conditions of conveyance ticipation requirements of section 553 of title moving of facilities, equipment, fixtures, im- under subsections (b) and (e). provements, modifications, or alterations, 5, United States Code, shall not apply to col- (g) DEFINITIONS.—In this section: lection of information or record-keeping re- including power, control, and utilities, that (1) BOARD.—The term ‘‘Board’’ means the are necessary for the exchange— quirements established by regulations pro- Board of Trustees of the California State mulgated under this subsection.’’. (A) shall be the responsibility of the Sec- University. (b) TECHNICAL AMENDMENT.—Section retary, if the action to seek an equivalent al- (2) CENTER.—The term ‘‘Center’’ means the 307(2)(B) of such Act (16 U.S.C. 1857(2)(B)) is ternative was requested by the Secretary in Romberg Tiburon Center for Environmental amended by striking ‘‘201(i),’’ and inserting response to factors unrelated to the activi- Studies at San Francisco State University. ‘‘201(i) and foreign fishing permitted under ties of the Board or its operatives in the op- (3) SECRETARY.—The term ‘‘Secretary’’ section 201(j),’’. eration of its facilities; or means the Secretary of Commerce. (B) shall be the responsibility of the Board, SEC. 1703. ARCTIC RESEARCH CENTER. if the Secretary’s request for an equivalent SA 4984. Mr. REID (for Mr. alternative was in response to changes or (a) ESTABLISHMENT.—The Secretary of Commerce, in consultation with the Secre- BINGAMAN) proposed an amendment to modifications made by the Board or its the bill H.R. 1606, to amend section 507 operatives that adversely affected the Sec- taries of Energy and the Interior, the Direc- retary’s interest in the property retained tor of the National Science Foundation, and of the Omnibus Parks and Public Lands under subsection (c). the Administrator of the Environmental Management Act of 1996 to authorize (e) ADDITIONAL CONDITIONS.—As conditions Protection Agency, shall establish a joint re- additional appropriations for histori- of any conveyance under subsection (a)— search facility, to be known as the Barrow cally black colleges and universities, (1) the Secretary shall require that— Arctic Research Center, to support climate to decrease the matching requirement (A) the Board remediate, or have remedi- change and other scientific research activi- related to such appropriations, and for ated, at its sole cost, all hazardous or toxic ties in the Arctic. substance contamination found on the prop- (b) AUTHORIZATION OF APPROPRIATIONS.— such other purposes; as follows: erty conveyed under subsection (a), whether There are authorized to be appropriated to On page 3, line 14, strike ‘‘such sums as known or unknown at the time of the con- the Secretaries of Commerce, Energy, and may be necessary’’ and insert ‘‘a total of $10 veyance of later discovered; and the Interior, the Director of the National million for fiscal years 2003 and 2004.’’

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.146 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11771 PRIVILEGE OF THE FLOOR (8) The Crisis Corps has been an effective fiscal year, a report on operations under this tool in harnessing the skills and talents for Act. Each report shall contain information— Mr. HUTCHINSON. Mr. President, I returned Peace Corps volunteers and should ‘‘(1) describing efforts undertaken to im- also ask unanimous consent that my be expanded to utilize to the maximum ex- prove coordination of activities of the Peace entire Washington staff, as well as tent the talent pool of returned Peace Corps Corps with activities of international vol- Tracie Spingarn, an interpreter for the volunteers. untary service organizations, such as the learning impaired, be granted floor (9) The Peace Corps is currently operating United Nations volunteer program, and of privileges for the duration of my re- with an annual budget of $275,000,000 in 70 host country voluntary service organiza- marks this morning. countries with 7,000 Peace Corps volunteers. tions, including— The ACTING PRESIDENT pro tem- (10) There is deep misunderstanding and ‘‘(A) a description of the purpose and scope pore. Without objection, it is so or- misinformation about American values and of any development project which the Peace ideals in many parts of the world, particu- Corps undertook during the preceding fiscal dered. larly those with substantial Muslim popu- year as a joint venture with any such inter- f lations, and a greater Peace Corps presence national or host country voluntary service AMENDING THE PEACE CORPS ACT in such places could foster greater under- organizations; and standing and tolerance. ‘‘(B) recommendations for improving co- TO PROMOTE GLOBAL ACCEPT- (11) Congress has declared that the Peace ordination of development projects between ANCE OF THE PRINCIPLES OF Corps should be expanded to sponsor a min- the Peace Corps and any such international INTERNATIONAL PEACE imum of 10,000 Peace Corps volunteers. or host country voluntary service organiza- Mr. REID. Mr. President, I ask unan- (12) President George W. Bush has called tions; imous consent that the Senate proceed for the doubling of the number of Peace ‘‘(2) describing— to the consideration of S. 12 introduced Corps volunteers in service. ‘‘(A) any major new initiatives that the (13) Any expansion of the Peace Corps shall Peace Corps has under review for the upcom- earlier today by Senator DODD. not jeopardize the quality of the Peace Corps ing fiscal year, and any major initiatives The PRESIDING OFFICER. The volunteer experience, and therefore can only that were undertaken in the previous fiscal clerk will state the bill by title. be accomplished by an appropriate increase year that were not included in prior reports The legislative clerk read as follows: in field and headquarters support staff. to the Congress; A bill (S. 12) to amend the Peace Corps Act (14) In order to ensure that proposed expan- ‘‘(B) the rationale for undertaking such to promote global acceptance of the prin- sion of the Peace Corps preserves the integ- new initiatives; ciples of international peace. rity of the program and the security of vol- ‘‘(C) an estimate of the cost of such initia- There being no objection, the Senate unteers, the integrated Planning and Budget tives; and proceeded to consider the bill. System supported by the Office of Planning ‘‘(D) the impact on the safety of volun- and Policy Analysis should continue its teers; Mr. REID. Mr. President, I ask unan- focus on strategic planning. ‘‘(3) describing in detail the Peace Corp’s imous consent that the bill be read the (15) A streamlined, bipartisan National plans for doubling the number of volunteers third time and passed, the motion to Peace Corps Advisory Council composed of from 2002 levels, including a five-year budget reconsider be laid upon the table, and distinguished returned Peace Corps volun- plan for reaching that goal; and that any statements relating to the teers and other individuals, with diverse ‘‘(4) describing standard security proce- measure be printed in the RECORD. backgrounds and expertise, can be a source dures for any country in which the Peace The PRESIDING OFFICER. Without of ideas and suggestions that may be useful Corps operates programs or is considering objection, it is so ordered. to the Director of the Peace Corps as he dis- doing so, as well as any special security pro- The bill (S. 12) was read the third charges his duties and responsibilities as cedures contemplated because of changed head of the agency. circumstances in specific countries, and as- time and passed, as follows: SEC. 3. DEFINITIONS. sessing whether security conditions would be S. 12 In this Act: enhanced— Be it enacted by the Senate and House of Rep- (1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(A) by colocating volunteers with inter- resentatives of the United States of America in TEES.—The term ‘‘appropriate congressional national or local nongovernmental organiza- Congress assembled, committees’’ means the Committee on For- tions; or SECTION 1. SHORT TITLE. eign Relations of the Senate and the Com- ‘‘(B) with the placement of multiple volun- This Act may be cited as the ‘‘Peace Corps mittee on International Relations of the teers in one location. Charter for the 21st Century Act’’. House of Representatives. ‘‘(b) CONSULTATIONS ON NEW INITIATIVES.— SEC. 2. FINDINGS. (2) DIRECTOR.—The term ‘‘Director’’ means The Director of the Peace Corps should con- Congress makes the following findings: the Director of the Peace Corps. sult with the appropriate congressional com- (1) The Peace Corps was established in 1961 (3) PEACE CORPS VOLUNTEER.—The term mittees with respect to any major new ini- to promote world peace and friendship ‘‘Peace Corps volunteer’’ means a volunteer tiatives not previously discussed in the lat- through the service of American volunteers or a volunteer leader under the Peace Corps est annual report submitted to Congress abroad. Act. under subsection (a) or in budget presen- (2) The three goals codified in the Peace (4) RETURNED PEACE CORPS VOLUNTEER.— tations. Wherever possible, such consulta- Corps Act which have guided the Peace Corps The term ‘‘returned Peace Corps volunteer’’ tions should take place prior to the initi- and its volunteers over the years, can work means a person who has been certified by the ation of such initiatives, but in any event as in concert to promote global acceptance of Director as having served satisfactorily as a soon as practicable thereafter.’’. the principles of international peace and Peace Corps volunteer. (b) ONE TIME REPORT ON STUDENT LOAN nonviolent coexistence among peoples of di- SEC. 4. RESTATEMENT OF INDEPENDENCE OF FORGIVENESS PROGRAMS.—Not later than 30 verse cultures and systems of government. THE PEACE CORPS. days after the date of enactment of this Act, (3) The Peace Corps has operated in 135 (a) IN GENERAL.—Section 2A of the Peace the Director shall submit to the appropriate countries with 165,000 Peace Corps volunteers Corps Act (22 U.S.C. 2501–1) is amended by congressional committees a report— since its establishment. adding at the end the following new sen- (1) describing the student loan forgiveness (4) The Peace Corps has sought to fulfill tence: ‘‘As an independent agency, all re- programs currently available to Peace Corps three goals, as follows: to help people in de- cruiting of volunteers shall be undertaken volunteers upon completion of their service; veloping nations meet basic needs, to pro- primarily by the Peace Corps.’’. and mote understanding of America’s values and (b) DETAILS AND ASSIGNMENTS.—Section (2) comparing such programs with other ideals abroad, and to promote an under- 5(g) of the Peace Corps Act (22 U.S.C. 2504(g)) Government-sponsored student loan forgive- standing of other peoples by Americans. is amended by inserting after ‘‘Provided, ness programs; and (5) After more than 40 years of operation, That’’ the following: ‘‘such detail or assign- (3) recommending any additional student the Peace Corps remains the world’s premier ment does not contradict the standing of loan forgiveness programs which could at- international service organization dedicated Peace Corps volunteers as being independent: tract more applicants from more low and to promoting grassroots development. Provided further, That’’. middle income applicants facing high stu- (6) The Peace Corps remains committed to SEC. 5. REPORTS AND CONSULTATIONS. dent loan obligations. (a) ANNUAL REPORTS; CONSULTATIONS ON sending well trained and well supported SEC. 6. SPECIAL VOLUNTEER RECRUITMENT AND Peace Corps volunteers overseas to promote NEW INITIATIVES.—Section 11 of the Peace PLACEMENT FOR COUNTRIES peace, friendship, and international under- Corps Act (22 U.S.C. 2510) is amended by WHOSE GOVERNMENTS ARE SEEK- standing. striking the section heading and the text of ING TO FOSTER GREATER UNDER- (7) The Peace Corps is an independent section 11 and inserting the following: STANDING BETWEEN THEIR CITI- agency, and therefore no Peace Corps per- ‘‘SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON ZENS AND THE UNITED STATES. sonnel or volunteers should be used to ac- NEW INITIATIVES. (a) REPORT.—Not later than 60 days after complish any other goal than the goals es- ‘‘(a) ANNUAL REPORTS.—The Director shall the date of enactment of this Act, the Direc- tablished by the Peace Corps Act. transmit to Congress, at least once in each tor shall submit a report to the appropriate

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congressional committees describing the ini- ‘‘(g) CHAIR.—The President shall designate (3) not more than 20 percent of the grant tiatives that the Peace Corps intends to pur- one of the voting members of the Council as funds made available to the nonprofit cor- sue with eligible countries where the pres- Chair, who shall serve in that capacity for a poration will be used for the salaries, over- ence of Peace Corps volunteers would facili- period not to exceed two years.’’; head, or other administrative expenses of the tate a greater understanding that there ex- (4) by amending subsection (h) to read as nonprofit corporation; ists a universe of commonly shared human follows: (4) the nonprofit corporation will not re- values and aspirations. Such report shall in- ‘‘(h) MEETINGS.—The Council shall hold a ceive grant funds for programs or projects clude— regular meeting during each calendar quar- under this section for a third or subsequent (1) a description of the recruitment strate- ter at a date and time to be determined by year unless the nonprofit corporation makes gies to be employed by the Peace Corps to re- the Chair of the Council.’’; and available, to carry out the programs or cruit and train volunteers with the appro- (5) by amending subsection (i) to read as projects during that year, non-Federal con- priate language skills and interest in serving follows: tributions— in such countries; and ‘‘(i) REPORT.—Not later than July 30, 2003, (A) in an amount not less than $2 for every (2) a list of the countries that the Director and annually thereafter, the Council shall $3 of Federal funds provided through the has determined should be priorities for spe- submit a report to the President and the Di- grant; and rector of the Peace Corps describing how the cial recruitment and placement of Peace (B) provided directly or through donations Council has carried out its functions under Corps volunteers. from private entities, in cash or in kind, fair- subsection (b)(2).’’. (b) USE OF RETURNED PEACE CORPS VOLUN- ly evaluated, including plant, equipment, or TEERS.—Notwithstanding any other provi- SEC. 9. READJUSTMENT ALLOWANCES. services; and The Peace Corps Act is amended— sion of law, the Director is authorized and (5) the nonprofit corporation shall manage, (1) in section 5(c) (22 U.S.C. 2504(c)), by strongly urged to utilize the services of re- monitor, and submit reports to the Corpora- striking ‘‘$125’’ and inserting ‘‘$275’’; and turned Peace Corps volunteers having lan- tion on each program or project for which (2) in section 6(1) (22 U.S.C. 2505(1)), by guage and cultural expertise, including those the nonprofit corporation receives a grant striking ‘‘$125’’ and inserting ‘‘$275’’. returned Peace Corps volunteers who may under this section. have served previously in countries with sub- SEC. 10. PROGRAMS AND PROJECTS OF RE- (d) STATUS OF THE FUND.—Nothing in this stantial Muslim populations, in order to TURNED PEACE CORPS VOLUN- section shall be construed to make any non- TEERS TO PROMOTE THE GOALS OF open or reopen Peace Corps programs in such profit corporation supported under this sec- countries. THE PEACE CORPS. (a) PURPOSE.—The purpose of this section tion an agency or establishment of the Fed- SEC. 7. GLOBAL INFECTIOUS DISEASES INITIA- is to provide support for returned Peace eral Government or to make the members of TIVE. Corps volunteers to develop and carry out the board of directors or any officer or em- (a) IN GENERAL.—The Director, in coopera- programs and projects to promote the third ployee of such nonprofit corporation an offi- tion with international public health experts cer or employee of the United States. such as the Centers for Disease Control and purpose of the Peace Corps Act, as set forth in section 2(a) of that Act (22 U.S.C. 2501(a)), (e) FACTORS IN AWARDING GRANTS.—In de- Prevention, the National Institutes of by promoting a better understanding of termining the number of nonprofit corpora- Health, the World Health Organization, the other peoples on the part of the American tions to receive grants under this section for Pan American Health Organization, and people. any fiscal year, the Corporation— local public health officials shall develop a (b) GRANTS TO CERTAIN NONPROFIT COR- (1) shall take into consideration the need program of training for all Peace Corps vol- PORATIONS.— to minimize overhead costs that direct re- unteers in the areas of education, preven- (1) GRANT AUTHORITY.—To carry out the sources from the funding of programs and tion, and treatment of infectious diseases in purpose of this section, and subject to the projects; and order to ensure that all Peace Corps volun- availability of appropriations, the Chief Ex- (2) shall seek to ensure a broad geo- teers make a contribution to the global cam- ecutive Officer of the Corporation for Na- graphical distribution of grants for programs paign against such diseases. tional and Community Service (referred to and projects under this section. (b) DEFINITIONS.—In this section: in this section as the ‘‘Corporation’’) shall (f) CONGRESSIONAL OVERSIGHT.—Grant re- (1) AIDS.—The term ‘‘AIDS’’ means the ac- award grants on a competitive basis to pri- cipients under this section shall be subject quired immune deficiency syndrome. vate nonprofit corporations for the purpose to the appropriate oversight procedures of (2) HIV.—The term ‘‘HIV’’ means the of enabling returned Peace Corps volunteers Congress. human immunodeficiency virus, the patho- to use their knowledge and expertise to de- (g) FUNDING.— gen that causes AIDS. velop and carry out the programs and (1) IN GENERAL.—There is authorized to be (3) HIV/AIDS.—The term ‘‘HIV/AIDS’’ projects described in subsection (a). appropriated to carry out this section means, with respect to an individual, an in- $10,000,000. Such sum shall be in addition to (2) PROGRAMS AND PROJECTS.—Such pro- dividual who is infected with HIV or living grams and projects may include— funds made available to the Corporation with AIDS. (A) educational programs designed to en- under Federal law other than this section. (4) INFECTIOUS DISEASES.—The term rich the knowledge and interest of elemen- (2) AVAILABILITY.—Amounts appropriated ‘‘infectious diseases’’ means HIV/AIDS, tu- tary school and secondary school students in pursuant to paragraph (1) are authorized to berculosis, and malaria. the geography and cultures of other coun- remain available until expended. SEC. 8. PEACE CORPS ADVISORY COUNCIL. tries where the volunteers have served; SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 12 of the Peace Corps Act (22 (B) projects that involve partnerships with Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 2511; relating to the Peace Corps Na- local libraries to enhance community knowl- U.S.C. 2502(b)(1)) is amended— tional Advisory Council) is amended— edge about other peoples and countries; and (1) by striking ‘‘2002, and’’ and inserting (1) by amending subsection (b)(2)(D) to (C) audio-visual projects that utilize mate- ‘‘2002,’’; and read as follows: rials collected by the volunteers during their (2) by inserting before the period the fol- ‘‘(D) make recommendations for utilizing service that would be of educational value to lowing: ‘‘, $362,000,000 for fiscal year 2004, the expertise of returned Peace Corps volun- communities. $404,000,000 for fiscal year 2005, $446,000,000 for teers in fulfilling the goals of the Peace (3) ELIGIBILITY FOR GRANTS.—To be eligible fiscal year 2006, and $488,000,000 for fiscal Corps.’’; to compete for grants under this section, a year 2007’’. (2) in subsection (c)— nonprofit corporation shall have a board of Mr. REID. Mr. President, let me say (A) in paragraph (2)(A)— directors composed of returned Peace Corps that this bill was introduced by Sen- (i) in the first sentence, by striking volunteers with a background in community ator DODD, who is a very proud former ‘‘fifteen’’ and inserting ‘‘seven’’; and service, education, or health. The nonprofit (ii) by striking the second sentence and in- member of the Peace Corps. He has corporation shall meet all appropriate Cor- been the protector of the Peace Corps. serting the following: ‘‘Four of the members poration management requirements, as de- shall be former Peace Corps volunteers, at termined by the Corporation. In addition to his father, the Peace least one of whom shall have been a former (c) GRANT REQUIREMENTS.—Such grants Corps is where he got his love of public staff member abroad or in the Washington shall be made pursuant to a grant agreement service. That is where he learned to headquarters, and not more than four shall between the Corporation and the nonprofit speak Spanish so well. be members of the same political party.’’; corporation that requires that— f (B) by amending subparagraph (D) to read (1) the grant funds will only be used to sup- as follows: port programs and projects described in sub- IRAQI SCIENTISTS IMMIGRATION ‘‘(D) The members of the Council shall be section (a) pursuant to proposals submitted ACT OF 2002 appointed to 2-year terms.’’; by returned Peace Corps volunteers (either Mr. REID. Mr. President, I ask unan- (C) by striking subparagraphs (B) and (H); individually or cooperatively with other re- and turned volunteers); imous consent that the Judiciary Com- (D) by redesignating subparagraphs (C), (2) the nonprofit corporation will give con- mittee be discharged from further con- (D), (E), (F), (G), and (I) as subparagraphs sideration to funding individual programs or sideration of S. 3079, and that the Sen- (B), (C), (D), (E), (F), and (G), respectively; projects by returned Peace Corps volunteers, ate proceed to its consideration. (3) by amending subsection (g) to read as in amounts of not more than $100,000, under The PRESIDING OFFICER. The follows: this section; clerk will state the bill by title.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.081 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11773 The legislative clerk read as follows: of Public Law 106–386), second (o) (as added (d) Section 212(d) of the Immigrantion and A bill (S. 3079) to authorize the issuance of by section 1102(b) of the Legal Immigration Nationality Act, § U.S.C. 1182(d), is amended immigrant visas to, and the admission to the Family Equity Act), and (p) (as added by sec- by inserting a new paragraph (d)(2) reading: United States for permanent residence of, tion 1503(b) of the Legal Immigration Family ‘‘(2) The Attorney General shall determine certain scientists, engineers, and technicians Equity Act), as subsections (n), (o), (p), (q), whether a ground of inadmissibility exists who have worked in Iraqi weapons of mass and (r), respectively; and with respect to a nonimmigrant described in destruction programs. (2) adding a new subsection (s) reading: section 101(a)(15)(W). The Attorney General, ‘‘(s) Numerical limitations and conditions in the Attorney General’s discretion, may There being no objection, the Senate of admission and stay for nonimmigrants ad- waive the application of subsection (a) in the proceeded to consider the bill. mitted under section 101(a)(15)(W). case of such a nonimmigrant if the Attorney Mr. REID. Mr. President, I ask unan- ‘‘(1) The number of aliens who may be ad- General considers it to be in the public inter- imous consent that the Biden submitted to the United States or otherwise est or in the interest of national security.’’ stitute amendment at the desk be granted status under section 101(a)(15)(W)(i) (e) Section 248(1) of the Immigration and agreed to, the bill, as amended, be read may not exceed a total of 500. Nationality Act, 8 U.S.C. 1258(I), is amended ‘‘(2) As a condition for the admission, and by striking ‘‘or (S)’’ and inserting ‘‘(S), or the third time and passed, the motion continued stay in lawful status, of any alien (W)’’. to reconsider be laid upon the table, admitted to the United States or otherwise SEC. 3. WEAPON OF MASS DESTRUCTION DE- with no intervening action or debate, granted status as a nonimmigrant under sec- FINED. and that any statements relating to tion 101(a)(15)(W), the nonimmigrant— (a) IN GENERAL.—In this Act, the term the bill be printed in the RECORD. ‘‘(A) shall report to the Attorney General ‘‘weapon of mass destruction’’ has the mean- The PRESIDING OFFICER. Without such information concerning the alien’s ing given the term in section 1403(1) of the objection, it is so ordered. whereabouts and activities as the Attorney Defense Against Weapons of Mass Destruc- The amendment (No. 4979) in the na- General may require; tion Act of 1996 (title XIV of Public Law 104– ‘‘(B) may not be convicted of any criminal 201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as ture of a substitute was agreed to, as offense punishable by a term of imprison- amended by subsection (b). follows: ment of 1 year or more after the date of such (b) TECHNICAL CORRECTION.—Section AMENDMENT NO. 4979 admission or grant of status; 1403(1)(B) of the Defense Against Weapons of (Purpose: To provide a complete substitute) ‘‘(C) must have executed a form that Mass Destruction Act of 1996 (title XIV of waives the nonimmigrant’s right to contest, Public Law 104–201; 110 Stat. 2717; 50 U.S.C. Strike all after the enacting clause and in- other than on the basis of an application for 2302(1)(B)) is amended by striking ‘‘a disease sert the following: withholding of removal or for protection organism’’ and inserting ‘‘a biological agent, SECTION 1. SHORT TITLE. under the Convention Against Torture, any toxin, or vector (as those terms are defined This Act may be cited as the ‘‘Iraqi Sci- action for removal of the alien instituted be- in section 178 of title 18, United States entists Immigration Act of 2002’’. fore the alien obtains lawful permanent resi- Code)’’. SEC. 2. ADMISSION OF CRITICAL ALIENS. dent status; The bill (S. 3079), as amended, was (a) Section 101(a)(15) of the Immigration ‘‘(D) shall cooperate fully with all requests read the third time and passed. and Nationality Act, 8 U.S.C. 1101(a)(15), is for information from the United States Gov- amended— ernment including, but not limited to, fully f (1) by striking ‘‘or’’ at the end of the sub- and truthfully disclosing to the United INDIAN FINANCING AMENDMENTS paragraph (U); States Government including, but not lim- ACT OF 2002 (2) by striking the period at the end of the ited to, fully and truthfully disclosing to the subparagraph (V) and inserting ‘‘; or’’; and United States Government all information in Mr. REID. Mr. President, I ask the (3) by adding a new subparagraph (W), the alien’s possession concerning any Iraqi Chair lay before the Senate a message reading: program to produce weapons of mass de- from the House of Representatives on ‘‘(W) Subject to section 214(s), an alien— struction or the means to deliver them; and the bill (S. 2017) to amend the Indian ‘‘(i) who the Attorney General determines, ‘‘(E) shall abide by any other condition, Financing Act of 1974 to improve the in coordination with the Secretary of State, limitation, or restriction imposed by the At- the Director of Central Intelligence and such torney General.’’ effectiveness of the Indian loan guar- other officials as he may deem appropriate, (c) Section 245 of the Immigration and Na- antee and insurance program. and in the Attorney General’s unreviewable tionality Act, § U.S.C. 1255, is amended by— The PRESIDING OFFICER laid be- discretion, is an individual— (1) In subsection (c), striking ‘‘or’’ before fore the Senate the following message ‘‘(I) who has worked at any time in an ‘‘(8)’’ and inserting before the period, ‘‘or (9) from the House of Representatives: Iraqi program to produce weapons of mass an alien who was admitted as a non- Resolved, That the bill from the Senate (S. destruction or the means to deliver them; immigrant described in section 2017) entitled ‘‘An Act to amend the Indian ‘‘(II) who is in possession of critical and re- 101(a)(15)(W)’’; Financing Act of 1974 to improve the effec- liable information concerning any such Iraqi (2) Redesignating subsection (1), relating tiveness of the Indian loan guarantee and in- program; to ‘‘U’’ visa nonimmigrants, as subsection surance program’’, do pass with the fol- ‘‘(III) who is willing to provide, or has pro- (m); and lowing amendment: vided, such information to the United States (3) Adding a new subsection (n) reading: Strike out all after the enacting clause and Government; ‘‘(n) Adjustment to permanent resident insert: ‘‘(IV) who may be willing to provide, or has status of ‘W’ nonimmigrants. SECTION 1. TABLE OF CONTENTS. ‘‘(1) If, in the opinion of the Attorney Gen- provided, such information to inspectors of The table of contents for this Act is as follows: the United Nations or of the International eral, a nonimmigrant admitted into the Atomic Energy Agency; United States (or otherwise provided non- TITLE I—INDIAN FINANCING ACT ‘‘(V) who will be or has been placed in dan- immigrant status) under section AMENDMENTS ger as a result of providing such information; 101(a)(15)(W)(i) has complied with section Sec. 101. Short title. and 214(s) since such admission or grant of sta- Sec. 102. Findings and purpose. ‘‘(VI) whose admission would be in the pub- tus, the Attorney General may, in coordina- Sec. 103. Amendments to Indian Financing Act. lic interest or in the interest of national se- tion with the Secretary of State and the Di- TITLE II—YANKTON SIOUX AND SANTEE curity; or rector of Central Intelligence, and in his SIOUX TRIBES EQUITABLE COMPENSA- ‘‘(ii) who is the spouse, married or unmar- unreviewable discretion, adjust the status of TION ried son or daughter, parent, or other rel- the alien (and any alien who has accom- Sec. 201. Short title. ative, as determined by the Attorney Gen- panied or followed to join such alien pursu- Sec. 202. Findings. eral in his unreviewable discretion, of an ant to section 101(a)(15)(W)(ii) and who has Sec. 203. Definitions. alien described in clause (i), if accompanying complied with section 214(s) since admission Sec. 204. Yankton Sioux Tribe Development or following to join such alien, and whose ad- or grant of nonimmigrant status) to that of Trust Fund. mission the Attorney General, in coordina- an alien lawfully admitted for permanent Sec. 205. Santee Sioux Tribe Development Trust tion with the Secretary of State and the Di- resident if the alien is not described in sec- Fund. rector of Central Intelligence, determines in tion 212(a)(3)(E). Sec. 206. Tribal plans. his unreviewable discretion is in the public ‘‘(2) Upon the approval of adjustment of Sec. 207. Eligibility of tribe for certain programs interest or in the interest of national secu- status of any alien under paragraph (1), the and services. rity.’’ Attorney General shall record the alien’s Sec. 208. Statutory construction. (b) Section 214 of the Immigration and Na- lawful admission for permanent residence as Sec. 209. Authorization of appropriations. tionality Act, 8 U.S.C. 1184, is amended by— of the date of such approval and the Sec- Sec. 210. Extinguishment of claims. (1) redesignating subsections second (m) retary of State shall reduce by one the num- TITLE III—OKLAHOMA NATIVE AMERICAN (as added by section 105 of Public Law 106– ber of visas authorized to be issued under CULTURAL CENTER AND MUSEUM 313), (n) (as added by section 107(e) of Public sections 201(d) and 203(b)(4) for the fiscal Sec. 301. Oklahoma Native American Cultural Law 106–386), (o) (as added by section 1513(c) year then current.’’ Center and Museum.

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00089 Fmt 4637 Sfmt 6343 E:\CR\FM\G20NO6.112 S20PT2 S11774 CONGRESSIONAL RECORD — SENATE November 20, 2002 TITLE IV—TRANSMISSION OF POWER (4) use by commercial lenders of the available ‘‘(A) the transfer shall be consistent with such FROM INDIAN LANDS IN OKLAHOMA loan insurance and guarantees may be limited regulations as the Secretary shall promulgate Sec. 401. Transmission of power from Indian by liquidity and other capital market-driven under subsection (i); and lands in Oklahoma. concerns; and ‘‘(B) the transferor shall give notice of the (5) it is in the best interest of the insured and transfer to the Secretary. TITLE V—PECHANGA TRIBE guaranteed loan program of the Department of ‘‘(3) ACKNOWLEDGMENT BY SECRETARY.—On Sec. 501. Land of Pechanga Band of Luiseno the Interior— receipt of a notice of a transfer under para- Mission Indians. (A) to encourage the orderly development and graph (2)(B), the Secretary shall issue to the TITLE VI—CHEROKEE, CHOCTAW, AND expansion of a secondary market for loans guar- transferee an acknowledgement by the Secretary CHICKASAW NATIONS CLAIMS SETTLE- anteed or insured by the Secretary of the Inte- of— MENT ACT rior; and ‘‘(A) the transfer; and ‘‘(B) the interest of the transferee in the guar- Sec. 601. Short title. (B) to expand the number of lenders origi- anteed or insured portion of the loan. Sec. 602. Findings. nating loans under the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.). ‘‘(4) RESPONSIBILITIES OF LENDER.—Notwith- Sec. 603. Purposes. standing any transfer permitted by this sub- Sec. 604. Definitions. (b) PURPOSE.—The purpose of this Act is to reform and clarify the Indian Financing Act of section, the lender shall— Sec. 605. Settlement and claims; appropriations; ‘‘(A) remain obligated on the guarantee agree- 1974 (25 U.S.C. 1451 et seq.) in order to— allocation of funds. ment or insurance agreement between the lender Sec. 606. Tribal trust funds. (1) stimulate the use by lenders of secondary market investors for loans guaranteed or in- and the Secretary; Sec. 607. Attorney fees. ‘‘(B) continue to be responsible for servicing sured under a program administered by the Sec- Sec. 608. Release of other tribal claims and fil- the loan in a manner consistent with that guar- retary of the Interior; ing of claims. antee agreement or insurance agreement; and Sec. 609. Effect on claims. (2) preserve the authority of the Secretary to ‘‘(C) remain the secured creditor of record. TITLE VII—SEMINOLE TRIBE administer the program and regulate lenders; ‘‘(d) FULL FAITH AND CREDIT.— (3) clarify that a good faith investor in loans ‘‘(1) IN GENERAL.—The full faith and credit of Sec. 701. Approval not required to validate cer- insured or guaranteed by the Secretary will retain land transactions. the United States is pledged to the payment of ceive appropriate payments; all loan guarantees and loan insurance made TITLE VIII—JICARILLA APACHE (4) provide for the appointment by the Sec- under this title after the date of enactment of RESERVATION RURAL WATER SYSTEM retary of a qualified fiscal transfer agent to es- this subsection. Sec. 801. Short title. tablish and administer a system for the orderly ‘‘(2) VALIDITY.— Sec. 802. Purposes. transfer of those loans; and ‘‘(A) IN GENERAL.—Except as provided in sub- Sec. 803. Definitions. (5)(A) authorize the Secretary to promulgate paragraph (B), the validity of a guarantee or Sec. 804. Jicarilla Apache Reservation rural regulations to encourage and expand a sec- insurance of a loan under this title shall be in- water system. ondary market program for loans guaranteed or contestable if the obligations of the guarantee or Sec. 805. General authority. insured by the Secretary; and insurance held by a transferee have been ac- Sec. 806. Project requirements. (B) allow the pooling of those loans as the knowledged under subsection (c)(3). Sec. 807. Authorization of appropriations. secondary market develops. ‘‘(B) EXCEPTION FOR FRAUD OR MISREPRESEN- Sec. 808. Prohibition on use of funds for irriga- SEC. 103. AMENDMENTS TO INDIAN FINANCING TATION.—Subparagraph (A) shall not apply in a tion purposes. ACT. case in which a transferee has actual knowledge Sec. 809. Water rights. (a) LIMITATION ON LOAN AMOUNTS WITHOUT of fraud or misrepresentation, or participates in TITLE IX—ROCKY BOY’S RURAL WATER PRIOR APPROVAL.—Section 204 of the Indian Fi- or condones fraud or misrepresentation, in con- SYSTEM nancing Act of 1974 (25 U.S.C. 1484) is amended nection with a loan. ‘‘(e) DAMAGES.—Notwithstanding section 3302 Sec. 901. Short title. in the last sentence by striking ‘‘$100,000’’ and of title 31, United States Code, the Secretary Sec. 902. Findings and purposes. inserting ‘‘$250,000’’. may recover from a lender of a loan under this Sec. 903. Definitions. (b) SALE OR ASSIGNMENT OF LOANS AND UN- Sec. 904. Rocky Boy’s rural water system. DERLYING SECURITY.—Section 205 of the Indian title any damages suffered by the Secretary as a Sec. 905. Noncore system. Financing Act of 1974 (25 U.S.C. 1485) is amend- result of a material breach of the obligations of Sec. 906. Limitation on availability of construc- ed— the lender with respect to a guarantee or insur- tion funds. (1) by striking ‘‘Any loan guaranteed’’ and ance by the Secretary of the loan. ‘‘(f) FEES.—The Secretary may collect a fee for Sec. 907. Connection charges. inserting the following: Sec. 908. Authorization of contracts. ‘‘(a) IN GENERAL.—Any loan guaranteed or any loan or guaranteed or insured portion of a Sec. 909. Tiber Reservoir allocation to the tribe. insured’’; and loan that is transferred in accordance with this Sec. 910. Use of Pick-Sloan power. (2) by adding at the end the following: section. Sec. 911. Water conservation plan. ‘‘(b) INITIAL TRANSFERS.— ‘‘(g) CENTRAL REGISTRATION OF LOANS.—On Sec. 912. Water rights. ‘‘(1) IN GENERAL.—The lender of a loan guar- promulgation of final regulations under sub- Sec. 913. Chippewa Cree Water System Oper- anteed or insured under this title may transfer section (i), the Secretary shall— ‘‘(1) provide for a central registration of all ation, Maintenance, and Replace- to any individual or legal entity— guaranteed or insured loans transferred under ment Trust Fund. ‘‘(A) all rights and obligations of the lender in this section; and Sec. 914. Authorization of appropriations. the loan or in the unguaranteed or uninsured portion of the loan; and ‘‘(2) enter into 1 or more contracts with a fis- TITLE X—MISCELLANEOUS ‘‘(B) any security given for the loan. cal transfer agent— Sec. 1001. Santee Sioux Tribe, Nebraska, water ‘‘(2) ADDITIONAL REQUIREMENTS.—With re- ‘‘(A) to act as the designee of the Secretary system study. spect to a transfer described in paragraph (1)— under this section; and Sec. 1002. Yurok Tribe and Hopland Band in- ‘‘(A) the transfer shall be consistent with such ‘‘(B) to carry out on behalf of the Secretary cluded in long term leasing. regulations as the Secretary shall promulgate the central registration and fiscal transfer agent functions, and issuance of acknowledgements, TITLE I—INDIAN FINANCING ACT under subsection (i); and under this section. AMENDMENTS ‘‘(B) the lender shall give notice of the trans- ‘‘(h) POOLING OF LOANS.— fer to the Secretary. SEC. 101. SHORT TITLE. ‘‘(1) IN GENERAL.—Nothing in this title pro- ‘‘(3) RESPONSIBILITIES OF TRANSFEREE.—On This Act may be cited as the ‘‘Indian Financ- hibits the pooling of whole loans or interests in any transfer under paragraph (1), the transferee ing Amendments Act of 2002’’. loans transferred under this section. shall— SEC. 102. FINDINGS AND PURPOSE. ‘‘(2) REGULATIONS.—In promulgating regula- ‘‘(A) be deemed to be the lender for the pur- tions under subsection (i), the Secretary may in- (a) FINDINGS.—Congress finds that— pose of this title; (1) the Indian Financing Act of 1974 (25 clude such regulations to effect orderly and effi- ‘‘(B) become the secured party of record; and cient pooling procedures as the Secretary deter- U.S.C. 1451 et seq.) was intended to provide Na- ‘‘(C) be responsible for— mines to be necessary. tive American borrowers with access to commer- ‘‘(i) performing the duties of the lender; and cial sources of capital that otherwise would not ‘‘(i) REGULATIONS.—Not later than 180 days ‘‘(ii) servicing the loan in accordance with the after the date of enactment of this subsection, be available through the guarantee or insurance terms of the guarantee by the Secretary of the of loans by the Secretary of the Interior; the Secretary shall develop such procedures and loan. promulgate such regulations as are necessary to (2) although the Secretary of the Interior has ‘‘(c) SECONDARY TRANSFERS.— facilitate, administer, and promote transfers of made loan guarantees and insurance available, ‘‘(1) IN GENERAL.—Any transferee under sub- loans and guaranteed and insured portions of use of those guarantees and that insurance by section (b) of a loan guaranteed or insured loans under this section.’’. lenders to benefit Native American business bor- under this title may transfer to any individual rowers has been limited; or legal entity— TITLE II—YANKTON SIOUX AND SANTEE (3) 27 years after the date of enactment of the ‘‘(A) all rights and obligations of the trans- SIOUX TRIBES EQUITABLE COMPENSA- Indian Financing Act of 1974 (25 U.S.C. 1451 et feree in the loan or in the unguaranteed or un- TION seq.), the promotion and development of Native insured portion of the loan; and SEC. 201. SHORT TITLE. American-owned business remains an essential ‘‘(B) any security given for the loan. This title may be cited as the ‘‘Yankton Sioux foundation for growth of economic and social ‘‘(2) ADDITIONAL REQUIREMENTS.—With re- Tribe and Santee Sioux Tribe Equitable Com- stability of Native Americans; spect to a transfer described in paragraph (1)— pensation Act’’.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00090 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.086 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11775 SEC. 202. FINDINGS. known as the ‘‘Yankton Sioux Tribe Develop- vest such portion of the Fund as is not, in the Congress finds that— ment Trust Fund’’ (referred to in this section as Secretary of Treasury’s judgment, required to (1) by enacting the Act of December 22, 1944, the ‘‘Fund’’). The Fund shall consist of any meet current withdrawals. Such investments commonly known as the ‘‘Flood Control Act of amounts deposited in the Fund under this title. may be made only in interest-bearing obligations 1944’’ (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 (b) FUNDING.—On the first day of the 11th fis- of the United States or in obligations guaran- et seq.) Congress approved the Pick-Sloan Mis- cal year that begins after the date of enactment teed as to both principal and interest by the souri River Basin program (referred to in this of this Act, the Secretary of the Treasury shall, United States. The Secretary of the Treasury section as the ‘‘Pick-Sloan program’’)— from the General Fund of the Treasury, deposit shall deposit interest resulting from such invest- (A) to promote the general economic develop- into the Fund established under subsection (a)— ments into the Fund. ment of the United States; (1) $23,023,743; and (d) PAYMENT OF INTEREST TO TRIBE.— (B) to provide for irrigation above Sioux City, (2) an additional amount that equals the (1) WITHDRAWAL OF INTEREST.—Beginning on Iowa; amount of interest that would have accrued on the first day of the 11th fiscal year after the (C) to protect urban and rural areas from dev- the amount described in paragraph (1) if such date of enactment of this Act and, on the first astating floods of the Missouri River; and amount had been invested in interest-bearing day of each fiscal year thereafter, the Secretary (D) for other purposes; obligations of the United States, or in obliga- (2) the waters impounded for the Fort Randall of the Treasury shall withdraw the aggregate tions guaranteed as to both principal and inter- amount of interest deposited into the Fund for and Gavins Point projects of the Pick-Sloan pro- est by the United States, on the first day of the gram have inundated the fertile, wooded bottom that fiscal year and transfer that amount to the first fiscal year that begins after the date of en- Secretary of the Interior for use in accordance lands along the Missouri River that constituted actment of this Act and compounded annually the most productive agricultural and pastoral with paragraph (2). Each amount so transferred thereafter. shall be available without fiscal year limitation. lands of, and the homeland of, the members of (c) INVESTMENT OF TRUST FUND.—It shall be (2) PAYMENTS TO SANTEE SIOUX TRIBE.— the Yankton Sioux Tribe and the Santee Sioux the duty of the Secretary of the Treasury to in- Tribe; (A) IN GENERAL.—The Secretary of the Inte- vest such portion of the Fund as is not, in the rior shall use the amounts transferred under (3) the Fort Randall project (including the Secretary of Treasury’s judgment, required to Fort Randall Dam and Reservoir) overlies the paragraph (1) only for the purpose of making meet current withdrawals. Such investments payments to the Santee Sioux Tribe, as such western boundary of the Yankton Sioux Tribe may be made only in interest-bearing obligations Indian Reservation; payments are requested by that Indian tribe of the United States or in obligations guaran- (4) the Gavins Point project (including the pursuant to tribal resolution. teed as to both principal and interest by the Gavins Point Dam and Reservoir) overlies the (B) LIMITATION.—Payments may be made by eastern boundary of the Santee Sioux Tribe; United States. The Secretary of the Treasury the Secretary of the Interior under subpara- (5) although the Fort Randall and Gavins shall deposit interest resulting from such invest- graph (A) only after the Santee Sioux Tribe has Point projects are major components of the Pick- ments into the Fund. adopted a tribal plan under section 206. (d) PAYMENT OF INTEREST TO TRIBE.— Sloan program, and contribute to the economy (C) USE OF PAYMENTS BY SANTEE SIOUX (1) WITHDRAWAL OF INTEREST.—Beginning on of the United States by generating a substantial TRIBE.—The Santee Sioux Tribe shall use the the first day of the 11th fiscal year after the amount of hydropower and impounding a sub- payments made under subparagraph (A) only date of enactment of this Act and, on the first stantial quantity of water, the reservations of for carrying out projects and programs under day of each fiscal year thereafter, the Secretary the Yankton Sioux Tribe and the Santee Sioux the tribal plan prepared under section 206. of the Treasury shall withdraw the aggregate Tribe remain undeveloped; (e) TRANSFERS AND WITHDRAWALS.—Except as (6) the United States Army Corps of Engineers amount of interest deposited into the Fund for provided in subsections (c) and (d)(1), the Sec- took the Indian lands used for the Fort Randall that fiscal year and transfer that amount to the retary of the Treasury may not transfer or with- and Gavins Point projects by condemnation pro- Secretary of the Interior for use in accordance draw any amount deposited under subsection ceedings; with paragraph (2). Each amount so transferred (b). shall be available without fiscal year limitation. (7) the Federal Government did not give the SEC. 206. TRIBAL PLANS. Yankton Sioux Tribe and the Santee Sioux Tribe (2) PAYMENTS TO YANKTON SIOUX TRIBE.— (a) IN GENERAL.—Not later than 24 months an opportunity to receive compensation for di- (A) IN GENERAL.—The Secretary of the Inte- rior shall use the amounts transferred under after the date of enactment of this Act, the trib- rect damages from the Pick-Sloan program, even al council of each of the Yankton Sioux and though the Federal Government gave 5 Indian paragraph (1) only for the purpose of making payments to the Yankton Sioux Tribe, as such Santee Sioux Tribes shall prepare a plan for the reservations upstream from the reservations of use of the payments to the tribe under section those Indian tribes such an opportunity; payments are requested by that Indian tribe 204(d) or 205(d) (referred to in this subsection as (8) the Yankton Sioux Tribe and the Santee pursuant to tribal resolution. a ‘‘tribal plan’’). Sioux Tribe did not receive just compensation (B) LIMITATION.—Payments may be made by (b) CONTENTS OF TRIBAL PLAN.—Each tribal for the taking of productive agricultural Indian the Secretary of the Interior under subpara- plan shall provide for the manner in which the lands through the condemnation referred to in graph (A) only after the Yankton Sioux Tribe tribe covered under the tribal plan shall expend paragraph (6); has adopted a tribal plan under section 206. (9) the settlement agreement that the United (C) USE OF PAYMENTS BY YANKTON SIOUX payments to the tribe under section 204(d) or States entered into with the Yankton Sioux TRIBE.—The Yankton Sioux Tribe shall use the 205(d) to promote— Tribe and the Santee Sioux Tribe to provide payments made under subparagraph (A) only (1) economic development; compensation for the taking by condemnation for carrying out projects and programs under (2) infrastructure development; (3) the educational, health, recreational, and referred to in paragraph (6) did not take into the tribal plan prepared under section 206. social welfare objectives of the tribe and its account the increase in property values over the (e) TRANSFERS AND WITHDRAWALS.—Except as years between the date of taking and the date of provided in subsections (c) and (d)(1), the Sec- members; or (4) any combination of the activities described settlement; and retary of the Treasury may not transfer or with- (10) in addition to the financial compensation draw any amount deposited under subsection in paragraphs (1), (2), and (3). provided under the settlement agreements re- (b). (c) TRIBAL PLAN REVIEW AND REVISION.— (1) IN GENERAL.—Each tribal council referred ferred to in paragraph (9)— SEC. 205. SANTEE SIOUX TRIBE DEVELOPMENT (A) the Yankton Sioux Tribe should receive an TRUST FUND. to in subsection (a) shall make available for re- aggregate amount equal to $23,023,743 for the (a) ESTABLISHMENT.—There is established in view and comment by the members of the tribe a loss value of 2,851.40 acres of Indian land taken the Treasury of the United States a fund to be copy of the tribal plan for the Indian tribe be- for the Fort Randall Dam and Reservoir of the known as the ‘‘Santee Sioux Tribe Development fore the tribal plan becomes final, in accordance Pick-Sloan program; and Trust Fund’’ (referred to in this section as the with procedures established by the tribal coun- (B) the Santee Sioux Tribe should receive an ‘‘Fund’’). The Fund shall consist of any cil. aggregate amount equal to $4,789,010 for the loss amounts deposited in the Fund under this title. (2) UPDATING OF TRIBAL PLAN.—Each tribal value of 593.10 acres of Indian land located near (b) FUNDING.—On the first day of the 11th fis- council referred to in subsection (a) may, on an the Santee village. cal year that begins after the date of enactment annual basis, revise the tribal plan prepared by SEC. 203. DEFINITIONS. of this Act, the Secretary of the Treasury shall, that tribal council to update the tribal plan. In In this title: from the General Fund of the Treasury, deposit revising the tribal plan under this paragraph, (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ into the Fund established under subsection (a)— the tribal council shall provide the members of has the meaning given that term in section 4(e) (1) $4,789,010; and the tribe opportunity to review and comment on of the Indian Self-Determination and Education (2) an additional amount that equals the any proposed revision to the tribal plan. Assistance Act (25 U.S.C. 450b(e)). amount of interest that would have accrued on (3) CONSULTATION.—In preparing the tribal (2) SANTEE SIOUX TRIBE.—The term ‘‘Santee the amount described in paragraph (1) if such plan and any revisions to update the plan, each Sioux Tribe’’ means the Santee Sioux Tribe of amount had been invested in interest-bearing tribal council shall consult with the Secretary of Nebraska. obligations of the United States, or in obliga- the Interior and the Secretary of Health and (3) YANKTON SIOUX TRIBE.—The term tions guaranteed as to both principal and inter- Human Services. ‘‘Yankton Sioux Tribe’’ means the Yankton est by the United States, on the first day of the (4) ANNUAL REPORTS.—Each tribe shall submit Sioux Tribe of South Dakota. first fiscal year that begins after the date of en- an annual report to the Secretary describing SEC. 204. YANKTON SIOUX TRIBE DEVELOPMENT actment of this Act and compounded annually any expenditures of funds withdrawn by that TRUST FUND. thereafter. tribe under this title. (a) ESTABLISHMENT.—There is established in (c) INVESTMENT OF TRUST FUND.—It shall be (d) PROHIBITION ON PER CAPITA PAYMENTS.— the Treasury of the United States a fund to be the duty of the Secretary of the Treasury to in- No portion of any payment made under this title

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00091 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.086 S20PT2 S11776 CONGRESSIONAL RECORD — SENATE November 20, 2002 may be distributed to any member of the for continual maintenance of the Center by the any land described in subsection (b) (or any in- Yankton Sioux Tribe or the Santee Sioux Tribe Authority without the use of Federal funds; and terest in that land) as an Indian reservation, of Nebraska on a per capita basis. (B) demonstrate, to the satisfaction of the Sec- Indian country, Indian land, or reservation SEC. 207. ELIGIBILITY OF TRIBE FOR CERTAIN retary, that the Authority has raised, or has land (as those terms are defined under any Fed- PROGRAMS AND SERVICES. commitments from private persons or State or eral law (including a regulation)) for any pur- (a) IN GENERAL.—No payment made to the local government agencies for, an amount that pose under any Federal law. Yankton Sioux Tribe or Santee Sioux Tribe pur- is equal to not less than 66 percent of the cost TITLE VI—CHEROKEE, CHOCTAW, AND suant to this title shall result in the reduction or to the Authority of the activities to be carried CHICKASAW NATIONS CLAIMS SETTLE- denial of any service or program to which, pur- out under the grant. MENT ACT (3) LIMITATION.—The amount of any grant suant to Federal law— SEC. 601. SHORT TITLE. awarded under paragraph (1) shall not exceed (1) the Yankton Sioux Tribe or Santee Sioux This title may be cited as the ‘‘Cherokee, 33 percent of the cost of the activities to be Tribe is otherwise entitled because of the status Choctaw, and Chickasaw Nations Claims Settle- funded under the grant. of the tribe as a federally recognized Indian ment Act’’. tribe; or (4) IN-KIND CONTRIBUTION.—When calculating SEC. 602. FINDINGS. (2) any individual who is a member of a tribe the cost share of the Authority under this title, The Congress finds the following: under paragraph (1) is entitled because of the the Secretary shall reduce such cost share obli- (1) It is the policy of the United States to pro- status of the individual as a member of the tribe. gation by the fair market value of the approxi- mote tribal self-determination and economic self- (b) EXEMPTIONS FROM TAXATION.—No pay- mately 300 acres of land donated by Oklahoma sufficiency and to encourage the resolution of ment made pursuant to this title shall be subject City for the Center, if such land is used for the disputes over historical claims through mutually to any Federal or State income tax. Center. agreed-to settlements between Indian Nations (c) POWER RATES.—No payment made pursu- (c) DEFINITIONS.—For the purposes of this and the United States. ant to this title shall affect Pick-Sloan Missouri title: (2) There are pending before the United States River Basin power rates. (1) AUTHORITY.—The term ‘‘Authority’’ means the Native American Cultural and Educational Court of Federal Claims certain lawsuits against SEC. 208. STATUTORY CONSTRUCTION. Authority of Oklahoma, an agency of the State the United States brought by the Cherokee, Nothing in this title may be construed as di- of Oklahoma. Choctaw, and Chickasaw Nations seeking mone- minishing or affecting any water right of an In- (2) CENTER.—The term ‘‘Center’’ means the tary damages for the alleged use and mis- dian tribe, except as specifically provided in an- Native American Cultural Center and Museum management of tribal resources along the Ar- other provision of this title, any treaty right authorized pursuant to this section. kansas River in eastern Oklahoma. that is in effect on the date of enactment of this (3) SECRETARY.—The term ‘‘Secretary’’ means (3) The Cherokee Nation, a federally recog- Act, or any authority of the Secretary of the In- the Secretary of the Interior. nized Indian tribe with its present tribal head- terior or the head of any other Federal agency (d) AUTHORIZATION OF APPROPRIATIONS.— quarters south of Tahlequah, Oklahoma, having under a law in effect on the date of enactment There are authorized to be appropriated to the adopted its most recent constitution on June 26, of this Act. Secretary to grant assistance under subsection 1976, and having entered into various treaties SEC. 209. AUTHORIZATION OF APPROPRIATIONS. (b)(1), $8,250,000 for each of fiscal years 2003 with the United States, including but not lim- There are authorized to be appropriated such through 2006. ited to the Treaty at Hopewell, executed on No- vember 28, 1785 (7 Stat. 18), and the Treaty at sums as are necessary to carry out this title, in- TITLE IV—TRANSMISSION OF POWER Washington, D.C., executed on July 19, 1866 (14 cluding such sums as may be necessary for the FROM INDIAN LANDS IN OKLAHOMA administration of the Yankton Sioux Tribe De- Stat. 799), has maintained a continuous govern- velopment Trust Fund under section 204 and the SEC. 401. TRANSMISSION OF POWER FROM IN- ment-to-government relationship with the DIAN LANDS IN OKLAHOMA. Santee Sioux Tribe Development Trust Fund United States since the earliest years of the To the extent the Southwestern Power Admin- under section 205. Union. istration makes transmission capacity available (4) The Choctaw Nation, a federally recog- SEC. 210. EXTINGUISHMENT OF CLAIMS. without replacing the present capacity of exist- Upon the deposit of funds under sections nized Indian tribe with its present tribal heading users of the Administration’s transmission quarters in Durant, Oklahoma, having adopted 204(b) and 205(b), all monetary claims that the system, the Administrator of the Southwestern Yankton Sioux Tribe or the Santee Sioux Tribe its most recent constitution on July 9, 1983, and Power Administration shall take such actions as having entered into various treaties with the of Nebraska has or may have against the United may be necessary, in accordance with all appli- States for loss of value or use of land related to United States of America, including but not lim- cable Federal law, to make the transmission ited to the Treaty at Hopewell, executed on Jan- lands described in section 202(a)(10) resulting services of the Administration available for the from the Fort Randall and Gavins Point projects uary 3, 1786 (7 Stat. 21), and the Treaty at transmission of electric power generated at fa- Washington, D.C., executed on April 28, 1866 (7 of the Pick-Sloan Missouri River Basin program cilities located on land within the jurisdictional shall be extinguished. Stat. 21), has maintained a continuous govern- area of any Oklahoma Indian tribe (as deter- ment-to-government relationship with the TITLE III—OKLAHOMA NATIVE AMERICAN mined by the Secretary of the Interior) recog- United States since the earliest years of the CULTURAL CENTER AND MUSEUM nized by the Secretary as eligible for trust land Union. SEC. 301. OKLAHOMA NATIVE AMERICAN CUL- status under 25 CFR Part 151. The owner or op- (5) The Chickasaw Nation, a federally recog- TURAL CENTER AND MUSEUM. erator of the generation facilities concerned nized Indian tribe with its present tribal head- (a) FINDINGS.—Congress makes the following shall reimburse the Administrator for all costs of quarters in Ada, Oklahoma, having adopted its findings: such actions in accordance with standards ap- most recent constitution on August 27, 1983, and (1) In order to promote better understanding plicable to payment of such costs by other users having entered into various treaties with the between Indian and non-Indian citizens of the of the Southwestern Power Administration United States of America, including but not lim- United States, and in light of the Federal Gov- transmission system. ited to the Treaty at Hopewell, executed on Jan- ernment’s continuing trust responsibilities to In- TITLE V—PECHANGA TRIBE uary 10, 1786 (7 Stat. 24), and the Treaty at dian tribes, it is appropriate, desirable, and a SEC. 501. LAND OF PECHANGA BAND OF LUISENO Washington, D.C., executed on April 28, 1866 (7 proper function of the Federal Government to MISSION INDIANS. Stat. 21), has maintained a continuous govern- provide grants for the development of a museum (a) LIMITATION ON CONVEYANCE.—Land de- ment-to-government relationship with the designated to display the heritage and culture scribed in subsection (b) (or any interest in that United States since the earliest years of the of Indian tribes. land) shall not be voluntarily or involuntarily Union. (2) In recognition of the unique status and transferred or otherwise made available for con- (6) In the first half of the 19th century, the history of Indian tribes in the State of Okla- demnation until the date on which— Cherokee, Choctaw, and Chickasaw Nations homa and the role of the Federal Government in (1)(A) the Secretary of the Interior renders a were forcibly removed from their homelands in such history, it is appropriate and proper for final decision on the fee to trust application the southeastern United States to lands west of the museum referred to in paragraph (1) to be pending on the date of the enactment of this the Mississippi in the Indian Territory that were located in the State of Oklahoma. title concerning the land; and ceded to them by the United States. From the (b) GRANT.— (B) final decisions have been rendered regard- ‘‘Three Forks’’ area near present day Muskogee, (1) IN GENERAL.—The Secretary shall offer to ing all appeals relating to that application deci- Oklahoma, downstream to the point of con- award financial assistance equaling not more sion; or fluence with the Canadian River, the Arkansas than $33,000,000 and technical assistance to the (2) the fee to trust application described in River flowed entirely within the territory of the Authority to be used for the development and paragraph (1)(A) is withdrawn. Cherokee Nation. From that point of confluence construction of a Native American Cultural (b) DESCRIPTION OF LAND.—The land referred downstream to the Arkansas territorial line, the Center and Museum in Oklahoma City, Okla- to in subsection (a) is land located in Riverside Arkansas River formed the boundary between homa. County, California, that is held in fee by the the Cherokee Nation on the left side of the (2) AGREEMENT.—To be eligible to receive a Pechanga Band of Luiseno Mission Indians, as thread of the river and the Choctaw and Chick- grant under paragraph (1), the appropriate offi- described in Document No. 211130 of the Office asaw Nations on the right. cial of the Authority shall— of the Recorder, Riverside County, California, (7) Pursuant to the Act of April 30, 1906 (34 (A) enter into a grant agreement with the Sec- and recorded on May 15, 2001. Stat. 137), tribal property not allotted to individ- retary which shall specify the duties of the Au- (c) RULE OF CONSTRUCTION.—Nothing in this uals or otherwise disposed of, including the bed thority under this section, including provisions section designates, or shall be used to construe, and banks of the Arkansas River, passed to the

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00092 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.086 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11777 United States in trust for the use and benefit of Federal Claims, and as full and fair compensa- of the enactment of this title, and shall move for the respective Indian Nations in accordance tion for disclaiming its right, title, and interest entry of the consent decree at such time as all with their respective interests therein. in the Disclaimed Drybed Lands. appropriations by Congress pursuant to the au- (8) For more than 60 years after Oklahoma (17) In those resolutions, each Indian Nation thority of this title have been made and depos- statehood, the Bureau of Indian Affairs believed expressly reserved all of its beneficial interest ited into the appropriate tribal trust fund ac- that Oklahoma owned the Riverbed from the Ar- and title to all other Riverbed lands, including count of the Indian Nations as described in sec- kansas State line to Three Forks, and therefore minerals, as determined by the Supreme Court in tion 606. Upon entry of the consent decree, all took no action to protect the Indian Nations’ Choctaw Nation v. Oklahoma, 397 U.S. 620 the Indian Nations’ claims and all their past, Riverbed resources such as oil, gas, and Drybed (1970), and further reserved any and all right, present, and future right, title, and interest to Lands suitable for grazing and agriculture. title, or interest that each Nation may have in the Disclaimed Drybed Lands, shall be deemed (9) Third parties with property near the Ar- and to the water flowing in the Arkansas River extinguished. No claims may be asserted in the kansas River began to occupy the Indian Na- and its tributaries. future against the United States pursuant to tions’ Drybed Lands—lands that were under SEC. 603. PURPOSES. sections 1491, 1346(a)(2), or 1505 of title 28, water at the time of statehood but that are now The purposes of this title are to resolve all United States Code, for actions taken or failed dry due to changes in the course of the river. claims that have been or could have been to have been taken by the United States for (10) In 1966, the Indian Nations sued the State brought by the Cherokee, Choctaw, and Chicka- events occurring prior to the date of the extin- of Oklahoma to recover their lands. In 1970, the saw Nations against the United States, and to guishment of claims with respect to the Riv- Supreme Court of the United States decided in confirm that the Indian Nations are forever dis- erbed. (b) RELEASE OF TRIBAL CLAIMS TO CERTAIN the case of Choctaw Nation vs. Oklahoma (396 claiming any right, title, or interest in the Dis- DRYBED LANDS.— U.S. 620), that the Indian Nations retained title claimed Drybed Lands, which are contiguous to to their respective portions of the Riverbed along (1) IN GENERAL.—Upon the deposit of all funds the channel of the Arkansas River as of the date authorized for appropriation under subsection the navigable reach of the river. of the enactment of this title in certain town- (11) In 1987, the Supreme Court of the United (c) for an Indian Nation into the appropriate ships in eastern Oklahoma. States in the case of United States vs. Cherokee trust fund account described in section 606— Nation (480 U.S. 700) decided that the riverbed SEC. 604. DEFINITIONS. (A) all claims now existing or which may arise lands did not gain an exemption from the Fed- For the purposes of this title, the following in the future with respect to the Disclaimed eral Government’s navigational servitude and definitions apply: Drybed lands and all right, title, and interest that the Cherokee Nation had no right to com- (1) DISCLAIMED DRYBED LANDS.—The term that the Indian Nations and the United States pensation for damage to its interest by exercise ‘‘Disclaimed Drybed Lands’’ means all Drybed as trustee on behalf of the Indian Nation may of the Government’s servitude. Lands along the Arkansas River that are lo- have to the Disclaimed Drybed Lands, shall be (12) In 1989, the Indian Nations filed lawsuits cated in Township 10 North in Range 24 East, deemed extinguished; against the United States in the United States Townships 9 and 10 North in Range 25 East, (B) any interest of the Indian Nations or the Court of Federal Claims (Case Nos. 218–89L and Township 10 North in Range 26 East, and United States as trustee on their behalf in the 630–89L), seeking damages for the United States’ Townships 10 and 11 North in Range 27 East, in Disclaimed Drybed Lands shall further be extin- use and mismanagement of tribal trust resources the State Oklahoma. guished pursuant to the Trade and Intercourse along the Arkansas River. Those actions are (2) DRYBED LANDS.—The term ‘‘Drybed Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. still pending. Lands’’ means those lands which, on the date of 137), and all subsequent amendments thereto (as (13) In 1997, the United States filed quiet title enactment of this title, lie above and contiguous codified at 25 U.S.C. 177); (C) to the extent parties other than the Indian litigation against individuals occupying some of to the mean high water mark of the Arkansas Nations have transferred interests in the Dis- the Indian Nations’ Drybed Lands. That action, River in the State of Oklahoma. The term claimed Drybed Lands in violation of the Trade filed in the United States District Court for the ‘‘Drybed Lands’’ is intended to have the same and Intercourse Act, Congress does hereby ap- Eastern District of Oklahoma, was dismissed meaning as the term ‘‘Upland Claim Area’’ as prove and ratify such transfers of interests in without prejudice on technical grounds. used by the Bureau of Land Management Ca- the Disclaimed Drybed Lands to the extent that (14) Much of the Indian Nations’ Drybed dastral Survey Geographic Team in its prelimi- such transfers otherwise are valid under law; Lands have been occupied by a large number of nary survey of the Arkansas River. The term ‘‘Drybed Lands’’ includes any lands so identi- and adjacent landowners in Oklahoma. Without (D) the Secretary is authorized to execute an Federal legislation, further litigation against fied in the ‘‘Holway study.’’ (3) INDIAN NATION; INDIAN NATIONS.—The term appropriate document citing this title, suitable thousands of such landowners would be likely for filing with the county clerks, or such other and any final resolution of disputes would take ‘‘Indian Nation’’ means the Cherokee Nation, Choctaw Nation, or Chickasaw Nation, and the county official as appropriate, of those counties many years and entail great expense to the wherein the foregoing described lands are lo- United States, the Indian Nations, and the indi- term ‘‘Indian Nations’’ means all 3 tribes collectively. cated, disclaiming any tribal or Federal interest viduals and entities occupying the Drybed on behalf of the Indian Nations in such Dis- (4) RIVERBED.—The term ‘‘Riverbed’’ means Lands and would seriously impair long-term claimed Drybed Lands. The Secretary is author- economic planning and development for all par- the Drybed Lands and the Wetbed Lands and includes all minerals therein. ized to file with the counties a plat or map of ties. the disclaimed lands should the Secretary deter- (15) The Councils of the Cherokee and Choc- (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. mine that such filing will clarify the extent of taw Nations and the Legislature of the Chicka- lands disclaimed. Such a plat or map may be (6) WETBED LANDS.—The term ‘‘Wetbed saw Nation have each enacted tribal resolutions filed regardless of whether the map or plat has which would, contingent upon the passage of Lands’’ means those Riverbed lands which lie below the mean high water mark of the Arkan- been previously approved for filing, whether or this title and the satisfaction of its terms and in not the map or plat has been filed, and regard- sas River in the State of Oklahoma as of the exchange for the moneys appropriated here- less of whether the map or plat constitutes a date of the enactment of this title, exclusive of under— final determination by the Secretary of the ex- the Drybed Lands. The term Wetbed Land is in- (A) settle and forever release their respective tent of the Indian Nations’ original claim to the tended to have the same meaning as the term claims against the United States asserted by Disclaimed Drybed Lands. The disclaimer filed ‘‘Present Channel Claim Areas’’ as utilized by them in United States Court of Federal Claims by the United States shall constitute a dis- the Bureau of Land Management Cadastral Case Nos. 218–89L and 630–89L; and claimer of the Disclaimed Drybed Lands for pur- Survey Geographic Team in its preliminary sur- (B) forever disclaim any and all right, title, poses of the Trade and Intercourse Act (25 vey of the Arkansas River. and interest in and to the Disclaimed Drybed U.S.C. 177). Lands, as set forth in those enactments of the SEC. 605. SETTLEMENT AND CLAIMS; APPROPRIA- (2) SPECIAL PROVISIONS.—Notwithstanding respective councils of the Indian Nations. TIONS; ALLOCATION OF FUNDS. any provision of this title— (16) The resolutions adopted by the respective (a) EXTINGUISHMENT OF CLAIMS.—Pursuant to (A) the Indian Nations do not relinquish any Councils of the Cherokee, Choctaw, and Chicka- their respective tribal resolutions, and in ex- right, title, or interest in any lands which con- saw Nations each provide that, contingent upon change for the benefits conferred under this stitute the Wetbed Lands subject to the naviga- the passage of the settlement legislation and sat- title, the Indian Nations shall, on the date of tional servitude exercised by the United States isfaction of its terms, each Indian Nation agrees enactment of this title, enter into a consent de- on the Wetbed Lands. By virtue of the exercise to dismiss, release, and forever discharge its cree with the United States that waives, re- of the navigational servitude, the United States claims asserted against the United States in the leases, and dismisses all the claims they have as- shall not be liable to the Indian Nations for any United State Court of Federal Claims, Case Nos. serted or could have asserted in their cases num- loss they may have related to the minerals in the 218–89L and 630–89L, and to forever disclaim bered 218–89L and 630–89L pending in the Wetbed Lands; any right, title, or interest of the Indian Nation United States Court of Federal Claims against (B) no provision of this title shall be construed in the Disclaimed Drybed Lands, in exchange the United States, including but not limited to to extinguish or convey any water rights of the for the funds appropriated and allocated to the claims arising out of any and all of the Indian Indian Nations in the Arkansas River or any Indian Nation under the provisions of the settle- Nations’ interests in the Disclaimed Drybed other stream or the beneficial interests or title of ment legislation, which funds the Indian Nation Lands and arising out of construction, mainte- any of the Indian Nations in and to lands held agrees to accept in full satisfaction and settle- nance and operation of the McClellan-Kerr in trust by the United States on the date of en- ment of all claims against the United States for Navigation Way. The Indian Nations and the actment of this title which lie above or below the the damages sought in the aforementioned United States shall lodge the consent decree mean high water mark of the Arkansas River, claims asserted in the United States Court of with the Court of Federal Claims within 30 days except for the Disclaimed Drybed Lands; and

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00093 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.086 S20PT2 S11778 CONGRESSIONAL RECORD — SENATE November 20, 2002 (C) the Indian Nations do not relinquish any vestment on behalf of the Indian Nations and be appropriated pursuant to section 605(c), the right, title, or interest in any lands or minerals distribution to the Indian Nations in accordance Secretary shall pay to the Indian Nations’ attor- of certain unallotted tracts which are identified with this title. Funds made available from the neys those fees provided for in the individual in the official records of the Eastern Oklahoma tribal trust funds under this section shall be tribal attorney fee contracts as approved by the Regional Office, Bureau of Indian Affairs. The available without fiscal year limitation. respective Indian Nations. disclaimer to be filed by the Secretary of the In- (b) MANAGEMENT OF FUNDS.— (b) LIMITATIONS.—Notwithstanding subsection terior under section 605(b)(1) of this title shall (1) LAND ACQUISITION.— (a), the total fees payable to attorneys under reflect the legal description of the unallotted (A) TRUST LAND STATUS PURSUANT TO REGULA- such contracts with an Indian Nation shall not tracts retained by the Nations. TIONS.—The funds appropriated and allocated exceed 10 percent of that Indian Nation’s alloca- (3) SETOFF.—In the event the Court of Federal to the Indian Nations pursuant to sections tion of funds appropriated under section 605(c). 205(c) and (d), and deposited into trust fund ac- Claims does not enter the consent decree as set SEC. 608. RELEASE OF OTHER TRIBAL CLAIMS forth in subsection (a), the United States shall counts pursuant to section 606(a), together with AND FILING OF CLAIMS. any interest earned thereon, may be used for the be entitled to setoff against any claims of the (a) EXTINGUISHMENT OF OTHER TRIBAL acquisition of land by the Indian Nations. The Indian Nations as set forth in subsection (a), CLAIMS.— Secretary may accept such lands into trust for any funds transferred to the Indian Nations (1) IN GENERAL.—As of the date of enactment the beneficiary Indian Nation pursuant to the pursuant to section 606, and any interest ac- of this title— authority provided in section 5 of the Act of crued thereon up to the date of setoff. (A) all right, title, and interest of any Indian June 18, 1934 (25 U.S.C. 465) and in accordance (4) QUIET TITLE ACTIONS.—Notwithstanding nation or tribe other than any Indian Nation with the Secretary’s trust land acquisition regu- any other provision of law, neither the United defined in section 604 (referred to in this section lations at part 151 of title 25, Code of Federal States nor any department of the United States and section 609 as a ‘‘claimant tribe’’) in or to Regulations, in effect at the time of the acquisi- nor the Indian Nations shall be made parties to the Disclaimed Drybed Lands, and any such tion, except for those acquisitions covered by any quiet title lawsuit or other lawsuit to deter- right, title, or interest held by the United States paragraph (1)(B). on behalf of such a claimant tribe, shall be con- mine ownership of or an interest in the Dis- (B) REQUIRED TRUST LAND STATUS.—Any such sidered to be extinguished in accordance with claimed Drybed Lands initiated by any private trust land acquisitions on behalf of the Cher- section 177 of title 25, United States Code person or private entity after execution of the okee Nation shall be mandatory if the land pro- (section 2116 of the Revised Statutes); disclaimer set out in section 605(b)(1). The posed to be acquired is located within Township (B) if any party other than a claimant tribe United States will have no obligation to under- 12 North, Range 21 East, in Sequoyah County, holds transferred interests in or to the Dis- take any future quiet title actions or actions for Township 11 North, Range 18 East, in McIntosh claimed Drybed Lands in violation of section 177 the recovery of lands or funds relating to any County, Townships 11 and 12 North, Range 19 of title 25, United States Code (section 2116 of Drybed Lands retained by the Indian Nation or East, or Township 12 North, Range 20 East, in Indian Nations under this title, including any Muskogee County, Oklahoma, and not within the Revised Statutes), Congress approves and lands which are Wetbed Lands on the date of the limits of any incorporated municipality as of ratifies those transfers of interests to the extent enactment of this title, but which subsequently January 1, 2002, if— that the transfers are in accordance with other lie above the mean high water mark of the Ar- (i) the land proposed to be acquired meets the applicable law; and kansas River and the failure or declination to Department of the Interior’s minimum environ- (C) the documents described in section initiate any quiet title action or to manage any mental standards and requirements for real es- 605(b)(1)(D) shall serve to identify the geo- such Drybed Lands shall not constitute a tate acquisitions set forth in 602 DM 2.6, or any graphic scope of the interests extinguished by breach of trust by the United States or be com- similar successor standards or requirements for subparagraph (A). pensable to the Indian Nation or Indian Nations real estate acquisitions in effect on the date of (2) QUIET TITLE ACTIONS.— in any manner. acquisition; and (A) IN GENERAL.—Notwithstanding any other (5) LAND TO BE CONVEYED IN FEE.—To the ex- (ii) the title to such land meets applicable provision of law, after the date of enactment of tent that the United States determines that it is Federal title standards in effect on the date of this title, neither the United States (or any de- able to effectively maintain the McClellan-Kerr the acquisition. partment or agency of the United States) nor Navigation Way without retaining title to lands (C) OTHER EXPENDITURE OF FUNDS.—The In- any Indian Nation shall be included as a party above the high water mark of the Arkansas dian Nations may elect to expend all or a por- to any civil action brought by any private per- River as of the date of enactment of this title, tion of the funds deposited into its trust account son or private entity to quiet title to, or deter- said lands, after being declared surplus, shall be for any other purposes authorized under para- mine ownership of an interest in or to, the Dis- conveyed in fee to the Indian Nation within graph (2). claimed Drybed Lands. whose boundary the land is located. The United (2) INVESTMENT OF TRUST FUNDS; NO PER CAP- (B) FUTURE ACTIONS.—As of the date of enact- States shall not be obligated to accept such ITA PAYMENT.— ment of this title, the United States shall have property in trust. (A) NO PER CAPITA PAYMENTS.—No money re- no obligation to bring any civil action to quiet ceived by the Indian Nations hereunder may be (c) AUTHORIZATION FOR SETTLEMENT APPRO- title to, or to recover any land or funds relating used for any per capita payment. PRIATIONS.—There is authorized to be appro- to, the Drybed Lands (including any lands that (B) INVESTMENT BY SECRETARY.—Except as priated an aggregate sum of $40,000,000 as fol- are Wetbed Lands as of the date of enactment of provided in this section and section 607, the lows: this title but that are located at any time after principal of such funds deposited into the ac- (1) $10,000,000 for fiscal year 2004. that date above the mean high water mark of counts established hereunder and any interest (2) $10,000,000 for fiscal year 2005. the Arkansas River). earned thereon shall be invested by the Sec- (3) $10,000,000 for fiscal year 2006. (C) NO BREACH OF TRUST.—The failure or dec- retary in accordance with current laws and reg- (4) $10,000,000 for fiscal year 2007. lination by the United States to initiate any ulations for the investing of tribal trust funds. civil action to quiet title to or manage any (d) ALLOCATION AND DEPOSIT OF FUNDS.— (C) USE OF PRINCIPAL FUNDS.—The principal After payment pursuant to section 607, the re- Drybed Lands under this paragraph shall not— amounts of said funds and any amounts earned (i) constitute a breach of trust by the United maining funds authorized for appropriation thereon shall be made available to the Indian States; or under subsection (c) shall be allocated among Nation for which the account was established (ii) be compensable to a claimant tribe in any the Indian Nations as follows: for expenditure for purposes which may include manner. (1) 50 percent to be deposited into the trust construction or repair of health care facilities, (b) CLAIMS OF OTHER INDIAN TRIBES.— fund account established under section 606 for law enforcement, cultural or other educational (1) LIMITED PERIOD FOR FILING CLAIMS.— the Cherokee Nation. activities, economic development, social services, (A) IN GENERAL.—Not later than 180 days (2) 37.5 percent to be deposited into the trust and land acquisition. Land acquisition using after the date of enactment of this title, any fund account established under section 606 for such funds shall be subject to the provisions of claimant tribe that claims that any title, inter- the Choctaw Nation. subsections (b) and (d). est, or entitlement held by the claimant tribe has (3) 12.5 percent to be deposited into the trust (3) DISBURSEMENT OF FUNDS.—The Secretary been extinguished by operation of section 605(a) fund account established under section 606 for shall disburse the funds from a trust account es- or subsection 608(a) may file a claim against the the Chickasaw Nation. tablished under this section pursuant to a budg- United States relating to the extinguishment in SEC. 606. TRIBAL TRUST FUNDS. et adopted by the Council or Legislature of the the United States Court of Federal Claims. (a) ESTABLISHMENT, PURPOSE, AND MANAGE- Indian Nation setting forth the amount and an (B) FAILURE TO FILE.—After the date de- MENT OF TRUST FUNDS.— intended use of such funds. scribed in subparagraph (A), a claimant tribe (1) ESTABLISHMENT.—There are hereby estab- (4) ADDITIONAL RESTRICTION ON USE OF described in that subparagraph shall be barred lished in the United States Treasury 3 separate FUNDS.—None of the funds made available from filing any claim described in that subpara- tribal trust fund accounts for the benefit of each under this title may be allocated or otherwise graph. of the Indian Nations, respectively, for the pur- assigned to authorized purposes of the Arkansas (2) SPECIAL HOLDING ACCOUNT.— pose of receiving all appropriations made pursu- River Multipurpose Project as authorized by the (A) ESTABLISHMENT.—There is established in ant to section 605(c), and allocated pursuant to River and Harbor Act of 1946, as amended by the Treasury, in addition to the accounts estab- section 605(d). the Flood Control Act of 1948 and the Flood lished by section 606(a), an interest-bearing spe- (2) AVAILABILITY OF AMOUNTS IN TRUST FUND Control Act of 1950. cial holding account for the benefit of the In- ACCOUNTS.—Amounts in the tribal trust fund ac- SEC. 607. ATTORNEY FEES. dian Nations. counts established by this section shall be avail- (a) PAYMENT.—At the time the funds are paid (B) DEPOSITS.—Notwithstanding any other able to the Secretary for management and in- to the Indian Nations, from funds authorized to provision of this title or any other law, of any

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00094 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.086 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11779 funds that would otherwise be deposited in a without further approval, ratification, or au- and industrial water, to include the use of live- tribal trust account established by section thorization by the United States. stock. 606(a), 10 percent shall— (c) TRUST LAND NOT AFFECTED.—Nothing in (7) STATE.—The term ‘‘State’’ means the State (i) be deposited in the special holding account this section is intended or shall be construed of New Mexico. established by subparagraph (A); and to— (8) SECRETARY.—The term ‘‘Secretary’’ means (ii) be held in that account for distribution (1) authorize the Seminole Tribe of Florida to the Secretary of the Interior, acting through the under paragraph (3). mortgage, lease, sell, convey, warrant, or other- Bureau of Reclamation. (3) DISTRIBUTION OF FUNDS.— wise transfer all or any part of an interest in (9) TRIBE.—The term ‘‘Tribe’’ means the (A) IN GENERAL.—Funds deposited in the spe- any real property that is held in trust by the Jicarilla Apache Nation. cial holding account established by paragraph United States for the benefit of the Tribe; or SEC. 804. JICARILLA APACHE RESERVATION (2)(A) shall be distributed in accordance with (2) affect the operation of any law governing RURAL WATER SYSTEM. subparagraphs (B) through (D). mortgaging, leasing, selling, conveying, war- (a) CONSTRUCTION.—The Secretary, in con- (B) CLAIM FILED.—If a claim under paragraph ranting, or otherwise transferring any interest sultation and collaboration with the Tribe, shall (1)(A) is filed by the deadline specified in that in such trust land. plan, design, and construct the Rural Water paragraph, on final adjudication of that claim— TITLE VIII—JICARILLA APACHE Supply Project to improve the water supply, de- (i) if the final judgment awards to a claimant RESERVATION RURAL WATER SYSTEM livery, and wastewater facilities to the town of an amount that does not exceed the amount of Dulce, New Mexico, and surrounding commu- funds in the special holding account under SEC. 801. SHORT TITLE. nities for the purpose of providing the benefits paragraph (2) attributable to the Indian Nation This title may be cited as the ‘‘Jicarilla of clean, safe, and reliable water supply, deliv- from the allocation of which under section Apache Reservation Rural Water System Act’’. ery, and wastewater facilities. 605(d) the funds in the special holding account SEC. 802. PURPOSES. (b) SCOPE OF PROJECT.—The Rural Water are derived— The purposes of this title are as follows: Supply Project shall consist of the following: (I) that amount shall be distributed from the (1) To ensure a safe and adequate rural, mu- (1) Facilities to provide water supply, deliv- special holding account to the claimant tribe nicipal, and water supply and wastewater sys- ery, and wastewater services for the community that filed the claim; and tems for the residents of the Jicarilla Apache of Dulce, the Mundo Ranch Development, and (II) any remaining amount in the special Reservation in the State of New Mexico in ac- surrounding areas on the Reservation. holding account attributable to the claim shall cordance with Public Law 106–243. (2) Pumping and treatment facilities located be transferred to the appropriate tribal trust ac- (2) To authorize the Secretary of the Interior, on the Reservation. count for the Indian Nation established by sec- through the Bureau of Reclamation, in con- (3) Distribution, collection, and treatment fa- tion 606(a); and sultation and collaboration with the Jicarilla cilities to serve the needs of the Reservation, in- (ii) if the final judgment awards to a claimant Apache Nation— cluding, but not limited to, construction, re- an amount that exceeds the amount of funds in (A) to plan, design, and construct the water placement, improvement, and repair of existing the special holding account attributable to the supply, delivery, and wastewater collection sys- water and wastewater systems, including sys- Indian Nation from the allocation of which tems on the Jicarilla Apache Reservation in the tems owned by individual tribal members and under section 605(d) the funds in the special State of New Mexico; and other residents on the Reservation. holding account are derived— (B) to include service connections to facilities (4) Appurtenant buildings and access roads. (I) the balance of funds in the special holding within the town of Dulce and the surrounding (5) Necessary property and property rights. account attributable to the Indian Nation shall area, and to individuals as part of the construc- (6) Such other electrical power transmission be distributed to the claimant tribe that filed the tion. and distribution facilities, pipelines, pumping claim; and (3) To require the Secretary, at the request of plants, and facilities as the Secretary deems (II) payment of the remainder of the judgment the Jicarilla Apache Nation, to enter into a self- necessary or appropriate to meet the water sup- amount awarded to the claimant tribe shall be determination contract with the Jicarilla ply, economic, public health, and environmental made from the permanent judgment appropria- Apache Nation under title I of the Indian Self- needs of the Reservation, including, but not lim- tion established pursuant to section 1304 of title Determination and Education Assistance Act (25 ited to, water storage tanks, water lines, mainte- 31, United States Code. U.S.C. 450f et seq.) under which— nance equipment, and other facilities for the (C) NO CLAIMS FILED.—If no claims under (A) the Jicarilla Apache Nation shall plan, de- Tribe on the Reservation. paragraph (1)(A) are filed by the deadline speci- sign, and construct the water supply, delivery, (c) COST SHARING.— fied that paragraph— and wastewater collection systems, including (1) TRIBAL SHARE.—Subject to paragraph (3) (i) any funds held in the special holding ac- service connections to communities and individ- and subsection (d), the tribal share of the cost count under paragraph (2) and attributed to uals; and of the Rural Water Supply Project is comprised that Indian Nation shall be deposited in the ap- (B) the Bureau of Reclamation shall provide of the costs to design and initiate construction propriate tribal trust account established by sec- technical assistance and oversight responsibility of the wastewater treatment plant, to replace tion 6(a); and for such project. the diversion structure on the Navajo River, and (ii) after the date that is 180 days after the (4) To establish a process in which the to construct raw water settling ponds, a water date of enactment of this title, paragraph (2)(B) Jicarilla Apache Nation shall assume title and treatment plant, water storage plants, a water shall not apply to appropriations attributed to responsibility for the ownership, operation, transmission pipeline, and distribution pipe- that Indian Nation. maintenance, and replacement of the system. lines, and has been satisfied. (c) DECLARATION WITH RESPECT TO SCOPE OF SEC. 803. DEFINITIONS. (2) FEDERAL SHARE.—Subject to paragraph (3) RIGHTS, TITLE, AND INTERESTS.—Congress de- As used in this title: and subsection (d), the Federal share of the cost clares that— (1) BIA.—The term ‘‘BIA’’ means the Bureau of the Rural Water Supply Project shall be all (1) subsection (b) is intended only to establish of Indian Affairs, an agency within the Depart- remaining costs of the project identified in the a process by which alleged claims may be re- ment of the Interior. Report. solved; and (2) IRRIGATION.—The term ‘‘irrigation’’ means (3) OPERATION AND MAINTENANCE.—The Fed- (2) nothing in this section acknowledges, en- the commercial application of water to land for eral share of the cost of operation and mainte- hances, or establishes any prior right, title, or the purpose of establishing or maintaining com- nance of the Rural Water Supply Project shall interest of any claimant tribe in or to the Ar- mercial agriculture in order to produce field continue to be available for operation and main- kansas Riverbed. crops and vegetables for sale. tenance in accordance with the Indian Self-De- SEC. 609. EFFECT ON CLAIMS. (3) RECLAMATION.—The term ‘‘Reclamation’’ termination Act, as set forth in this title. This title shall not be construed to resolve any means the Bureau of Reclamation, an agency (d) OPERATION, MAINTENANCE, AND REPLACE- right, title, or interest of any Indian nation or within the Department of the Interior. MENT AFTER COMPLETION.—Upon determination of any claimant tribe, except their past, present, (4) REPORT.—The term ‘‘Report’’ means the by the Secretary that the Rural Water Supply or future claims relating to right, title, or inter- report entitled ‘‘Planning Report/Environmental Project is substantially complete, the Tribe shall est in or to the Riverbed and the obligations and Assessment, Water and Wastewater Improve- assume responsibility for and liability related to liabilities of the United States thereto. ments, Jicarilla Apache Nation, Dulce, New the annual operation, maintenance, and re- TITLE VII—SEMINOLE TRIBE Mexico’’, dated September 2001, which was com- placement cost of the project in accordance with pleted pursuant to Public Law 106–243. this title and the Operation, Maintenance, and SEC. 701. APPROVAL NOT REQUIRED TO VALI- Replacement Plan under chapter IV of the Re- DATE CERTAIN LAND TRANS- (5) RESERVATION.—The term ‘‘Reservation’’ ACTIONS. means the Jicarilla Apache Reservation in the port. (a) TRANSACTIONS.—The Seminole Tribe of State of New Mexico, including all lands and in- SEC. 805. GENERAL AUTHORITY. Florida may mortgage, lease, sell, convey, war- terests in land that are held in trust by the The Secretary is authorized to enter into con- rant, or otherwise transfer all or any part of United States for the Tribe. tracts, grants, cooperative agreements, and any interest in any real property that— (6) RURAL WATER SUPPLY PROJECT.—The term other such agreements and to promulgate such (1) was held by the Tribe on September 1, 2002; ‘‘Rural Water Supply Project’’ means a munic- regulations as may be necessary to carry out the and ipal, domestic, rural, and industrial water sup- purposes and provisions of this title and the In- (2) is not held in trust by the United States for ply and wastewater facility area and project dian Self-Determination Act (Public Law 93–638; the benefit of the Tribe. identified to serve a group of towns, commu- 25 U.S.C. 450 et seq.). (b) NO FURTHER APPROVAL REQUIRED.— nities, cities, tribal reservations, or dispersed SEC. 806. PROJECT REQUIREMENTS. Transactions under subsection (a) shall be valid farmsteads with access to clean, safe domestic (a) PLANS.—

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00095 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.086 S20PT2 S11780 CONGRESSIONAL RECORD — SENATE November 20, 2002

(1) PROJECT PLAN.—Not later than 60 days construct facilities used to supply water for the ice connections to communities and individuals) after funds are made available for this purpose, purposes of irrigation. the core system and the on-Reservation water the Secretary shall prepare a recommended SEC. 809. WATER RIGHTS. distribution systems. project plan, which shall include a general map The water rights of the Tribe are part of and SEC. 903. DEFINITIONS. showing the location of the proposed physical included in the Jicarilla Apache Tribe Water In this title: facilities, conceptual engineering drawings of Rights Settlement Act (Public Law 102–441). (a) AUTHORITY.—The term ‘‘Authority’’ means structures, and general standards for design for These rights are adjudicated under New Mexico the North Central Montana Regional Water Au- the Rural Water Supply Project. State law as a partial final judgment and decree thority established under State law, Mont. Code (2) OM&R PLAN.—The Tribe shall develop an entered in the Eleventh Judicial District Court Ann. Sec. 75–6–301, et. seq. (2001), to allow pub- operation, maintenance, and replacement plan, of New Mexico. That Act and decree provide for lic agencies to join together to secure and pro- which shall provide the necessary framework to sufficient water rights under ‘‘historic and ex- vide water for resale. assist the Tribe in establishing rates and fees for isting uses’’ to supply water for the municipal (b) CORE SYSTEM.—The term ‘‘core system’’ customers of the Rural Water Supply Project. water system. These water rights are recognized means a component of the water system as de- (b) CONSTRUCTION MANAGER.—The Secretary, depletions within the San Juan River basin and scribed in section 904(d) and the final engineer- through Reclamation and in consultation with no new depletions are associated with the Rural ing report. the Tribe, shall select a project construction Water Supply Project. In consultation with the (c) FINAL ENGINEERING REPORT.—The term manager to work with the Tribe in the planning, United States Fish and Wildlife Service, Rec- ‘‘final engineering report’’ means the final engi- design, and construction of the Rural Water lamation has determined that there shall be no neering report prepared for the Rocky Boy’s/ Supply Project. significant impact to endangered species as a re- North Central Montana Regional Water System, (c) MEMORANDUM OF AGREEMENT.—The Sec- sult of water depletions associated with this as approved by the Secretary of the Interior. retary shall enter into a memorandum of agree- project. No other water rights of the Tribe shall (d) FUND.—The term ‘‘fund’’ means the Chip- ment with the Tribe that commits Reclamation be impacted by the Rural Water Supply Project. pewa Cree Water System Operation, Mainte- and BIA to a transition plan that addresses op- TITLE IX—ROCKY BOY’S RURAL WATER nance, and Replacement Trust Fund. erations and maintenance of the Rural Water SYSTEM (e) ON-RESERVATION WATER DISTRIBUTION Supply Project while the facilities are under SEC. 901. SHORT TITLE. SYSTEMS.—The term ‘‘on-reservation water dis- construction and after completion of construc- This title may be cited as the ‘‘Rocky Boy’s/ tribution systems’’ means that portion of the tion. North Central Montana Regional Water System Rocky Boy’s/North Central Montana Regional (d) OVERSIGHT.—The Secretary shall have Act of 2002’’. Water system served by the core system and oversight responsibility with the Tribe and its SEC. 902. FINDINGS AND PURPOSES. within the boundaries of the Rocky Boy’s Res- constructing entity and shall incorporate value ervation. The on-reservation water distribution engineering analysis as appropriate to the Rural (a) FINDINGS.—Congress finds that— (1) the water systems serving residents of the systems are described in section 904(f) and the Water Supply Project. Rocky Boy’s Reservation in the State of Mon- final engineering report. (e) TECHNICAL ASSISTANCE.—The Secretary tana— (f) NONCORE SYSTEM.—The term ‘‘noncore sys- shall provide such technical assistance as may (A) do not meet minimum health and safety tem’’ means the rural water system for be necessary to the Tribe to plan, develop, and standards; Chouteau, Glacier, Hill, Liberty, Pondera, construct the Rural Water Supply Project, in- (B) pose a threat to public health and safety; Teton, and Toole Counties, Montana, described cluding, but not limited to, operation and man- and in section 905(c) and the final engineering re- agement training. (C) are inadequate to supply the water needs port. (f) SERVICE AREA.—The service area of the of the Chippewa Cree Tribe; (g) RESERVATION.— Rural Water Supply Project shall be within the (2) the United States has a responsibility to (1) IN GENERAL.—The term ‘‘Reservation’’ boundaries of the Reservation. ensure that adequate and safe water supplies means the Rocky Boy’s Reservation in the State (g) OTHER LAW.—The planning, design, con- are available to meet the economic, environ- of Montana. struction, operation, and maintenance of the mental, water supply, and public health needs (2) INCLUSIONS.—The term ‘‘Reservation’’ in- Rural Water Supply Project shall be subject to of the Reservation; cludes all land and interests in land that are the provisions of the Indian Self-Determination (3) the entities administering the rural and held in trust by the United States for the Tribe Act (25 U.S.C. 450 et seq.). municipal water systems in North Central Mon- at the time of the enactment of this title. (h) REPORT.—During the year that construc- tana are having difficulty complying with regu- (h) ROCKY BOY’S/NORTH CENTRAL MONTANA tion of the Rural Water Supply Project begins lations promulgated under the Safe Drinking REGIONAL WATER SYSTEM.—The term ‘‘Rocky and annually until such construction is com- Water Act (42 U.S.C. 300f et seq.); and Boy’s/North Central Montana Regional Water pleted, the Secretary, through Reclamation and (4) The study, defined in section 903(k), iden- System’’ means— in consultation with the Tribe, shall report to tifies Lake Elwell, near Chester, Montana, as (1) the core system; Congress on the status of the planning, design, an available, reliable, and safe rural and munic- (2) the on-reservation water distribution sys- and construction of the Rural Water Supply ipal water supply for serving the needs of the tems; and Project. Reservation and North Central Montana. (3) the non-core system. (i) TITLE.—Title to the Rural Water Supply (b) PURPOSES.—The purposes of this title (i) SECRETARY.—The term ‘‘Secretary’’ means Project shall be held in trust for the Tribe by the are— the Secretary of the Interior. United States and shall not be transferred or en- (1) to ensure a safe and adequate rural, mu- (j) STATE.—The term ‘‘State’’ means the State cumbered without a subsequent Act of Congress. nicipal, and industrial water supply for the resi- of Montana. SEC. 807. AUTHORIZATION OF APPROPRIATIONS. dents of the Rocky Boy’s Reservation in the (k) STUDY.—The term ‘‘study’’ means the (a) IN GENERAL.—There is authorized to be State of Montana; study entitled ‘‘North Central Montana Re- appropriated to carry out this title $45,000,000 (2) to assist the citizens residing in Chouteau, gional Water System Planning/Environmental (January 2002 dollars) plus or minus such Glacier, Hill, Liberty, Pondera, Teton, and Report’’ dated May 2000. amounts, if any, as may be justified by reason Toole Counties, Montana, but outside the Res- (l) TRIBE.—The term ‘‘Tribe’’ means— of changes in construction costs as indicated by ervation, in developing safe and adequate rural, (1) the Chippewa Cree Tribe of the Rocky engineering cost indexes applicable to the types municipal, and industrial water supplies; Boy’s Reservation; and (3) to authorize the Secretary of the Interior— (2) all officers, agents, and departments of the of construction involved for the planning, de- (A) acting through the Commissioner of Rec- Tribe. sign, and construction of the Rural Water Sup- lamation to plan, design, and construct the core ply Project as generally described in the Report and noncore systems of the Rocky Boy’s/North SEC. 904. ROCKY BOY’S RURAL WATER SYSTEM. dated September 2001. Central Montana Regional Water System in the (a) FINAL ENGINEERING REPORT.—The fol- (b) CONDITIONS.—Funds may not be appro- State of Montana; and lowing reports will serve as the basis for the priated for the construction of any project au- (B) acting through the Bureau of Indian Af- final engineering report for the Rocky Boy’s/ thorized under this title until after— fairs to operate, maintain, and replace the core North Central Montana Regional Water Sys- (1) an appraisal investigation and a feasibility system and the on-Reservation water distribu- tem— study have been completed by the Secretary and tion systems, including service connections to (1) pursuant to Public Law 104–204, a study, the Tribe; and communities and individuals; and described in section 903(k), that was conducted (2) the Secretary has determined that the plan (4) to authorize the Secretary, at the request to study the water and related resources in required by section 806(a)(2) is completed. of the Chippewa Cree Tribe, to enter into self- North Central Montana and to evaluate alter- (c) NEPA.—The Secretary shall not obligate governance agreements with the Tribe under natives for providing a municipal, rural and in- funds for construction until after the require- title IV of the Indian Self-Determination and dustrial supply of water to the citizens residing ments of the National Environmental Policy Act Education Assistance Act (25 U.S.C. 458aa et in Chouteau, Glacier, Hill, Liberty, Pondera, of 1969 (42 U.S.C. 4321 et seq.) are met with re- seq.), under which the Tribe— Teton, and Toole Counties, Montana, residing spect to the Rural Water Supply Project. (A) through the Bureau of Reclamation, will both on and off the Reservation; and SEC. 808. PROHIBITION ON USE OF FUNDS FOR plan, design, and construct the core system of (2) pursuant to section 202 of Public Law 106– IRRIGATION PURPOSES. the Rocky Boy’s/North Central Montana Re- 163, the Tribe has conducted, through a self- None of the funds made available to the Sec- gional Water System, and governance agreements with the Secretary of In- retary for planning or construction of the Rural (B) through the Bureau of Indian Affairs, will terior, acting through the Bureau of Reclama- Water Supply Project may be used to plan or operate, maintain, and replace (including serv- tion, a feasibility study to evaluate alternatives

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00096 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.087 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11781

for providing a municipal, rural and industrial gated and expended only in accordance with the (2) OPERATION, MAINTENANCE, AND REPLACE- supply of water to the Reservation. Agreements entered into under subsection (g). MENT OF NON-CORE SYSTEM COMPONENTS.—The (3) The Secretary of Interior may require, (4) COMPONENTS.—As described in the final cost of operation, maintenance, and replacement through the agreements described in subsection engineering report, the on-reservation water dis- associated with water deliveries to the noncore (g) and section 905(d), that the final engineering tribution systems shall consist of— system shall not be a Federal responsibility and report include appropriate additional study and (A) water systems in existence on the date of shall be borne by the Authority. analyses. enactment of this title that may be purchased, (3) COOPERATIVE AGREEMENTS.—Federal funds (b) CORE SYSTEM.— improved, and repaired in accordance with the made available to carry out this section may be (1) IN GENERAL.—The Secretary is authorized Agreements entered into under subsection (g); obligated and expended only in accordance with to plan, design, construct, operate, maintain, (B) water systems owned by individual mem- the Cooperative Agreements entered into under and replace the core system. bers of the Tribe and other residents of the Res- subsection (d). (2) FEDERAL SHARE.— ervation; (c) COMPONENTS.—As described in the final (A) The Federal share of the cost of planning, (C) any water distribution system that is up- engineering report, the components of the design, and construction of the core system shall graded to current standards, disconnected from noncore system on which Federal funds may be be— low-quality wells; and obligated and expended under this section shall (i) 100 percent of the Tribal share of costs as (D) connections. include— identified in section 914; and (5) CONSTRUCTION OF NEW FACILITIES, OR EX- (1) storage, pumping, and pipeline facilities; (ii) 80 percent of the authority’s share of the PANSION OR REHABILITATION OF CURRENT FACILI- (2) appurtenant buildings, maintenance total cost for the core system as identified in sec- TIES.—The Tribe shall use $10,000,000 of the equipment, and access roads; tion 914; and $15,000,000 appropriated pursuant to the Chip- (3) all property and property rights necessary (iii) funded through annual appropriations to pewa Cree Tribe of the Rocky Boy’s Reservation for the facilities described in this subsection; the Bureau of Reclamation. Indian Reserved Water Rights Settlement and (4) electrical power transmission and distribu- (3) AGREEMENTS.—Federal funds made avail- Water Supply Enhancement Act of 1999 (Public tion facilities necessary for service to noncore able to carry out this subsection may be obli- Law 106–163), plus accrued interest, in the pur- system facilities; and gated and expended only in accordance with the chase, construction, expansion, or rehabilitation (5) other facilities and services customary to Agreements entered into under subsection (g). of the on-reservation water distribution systems. the development of a rural water distribution (c) OPERATION, MAINTENANCE, AND REPLACE- (g) AGREEMENTS.—Federal funds made avail- system in the State. MENT (OM&R) CORE SYSTEM.—The cost of oper- able to carry out subsections (b), (c), and (f) (d) COOPERATIVE AGREEMENTS.— ation, maintenance, and replacement of the core may be obligated and expended only in accord- (1) IN GENERAL.—The Secretary is authorized system shall be allocated as follows— ance with the agreements entered into under to enter into the Cooperative Agreements with (1) 100 percent of the Tribe’s share of the this subsection. the Authority to provide Federal funds and nec- OM&R costs, as negotiated in the Agreements, (1) IN GENERAL.—At the request of the Tribe, essary assistance for the planning, design, and shall be funded through the Chippewa Cree the Secretary shall enter into self-governance construction of the non-core system. The Sec- Water System Operation, Maintenance, and Re- agreements under title IV of the Indian Self-De- retary is further authorized to enter into a tri- placement Trust Fund established in section 913; termination and Education Assistance Act (25 partite Cooperative Agreement with the Author- (2) 100 percent of the Authority’s share of the U.S.C. 458aa et seq.) with the Tribe, in accord- ity and the Tribe addressing the allocation of OM&R costs, as negotiated in the Cooperative ance with this title— operation, maintenance and replacement costs (A) through the Bureau of Reclamation, to Agreements, shall be funded by the Authority for the core system and action that can be un- plan, design, and construct the core system; and and fully reimbursable to the Secretary. dertaken to keep those costs within reasonable (B) through the Bureau of Indian Affairs, to levels. Federal funds made available to carry out this operate, maintain, and replace the core system (2) MANDATORY PROVISIONS.—The Cooperative subsection may be obligated and expended only and the on-Reservation water distribution sys- Agreements under paragraph (1) shall specify, in accordance with the Agreements entered into tems. in a manner that is acceptable to the Secretary under subsection (g) and section 905(d). (2) PROJECT OVERSIGHT ADMINISTRATION.—The and the Authority— (d) CORE SYSTEM COMPONENTS.—As described amount of Federal funds that may be used to (A) the responsibilities of each party to the in the final engineering report, the core system provide technical assistance and conduct the agreements for— shall consist of— necessary construction oversight, inspection, (i) the final engineering report; (1) intake, pumping, water storage, and treat- and administration of activities in paragraph (ii) engineering and design; ment facilities; (1)(A) shall be negotiated with the Tribe and (iii) construction; (2) transmission pipelines, pumping stations, shall be an allowable project cost. (iv) water conservation measures; and storage facilities; (h) SERVICE AREA.—The service area of the (v) environmental and cultural resource com- (3) appurtenant buildings, maintenance Rocky Boy’s Rural Water System shall be the pliance activities; and equipment, and access roads; core system and the Reservation. (vi) administration of contracts relating to (4) all property and property rights necessary (i) TITLE TO CORE SYSTEM.—Title to the core performance of the activities described in for the facilities described in this subsection; system— clauses (i) through (v); (5) all interconnection facilities at the core (1) shall be held in trust by the United States (B) the procedures and requirements for ap- pipeline to the noncore system; and for the Tribe; and proval and acceptance of the design and con- (6) electrical power transmission and distribu- (2) shall not be transferred unless a transfer is struction and for carrying out other activities tion facilities necessary for services to core sys- authorized by an Act of Congress enacted after described in subparagraph (A); and tem facilities. the date of enactment of this title. (C) the rights, responsibilities, and liabilities (e) AUTHORITY TO ACQUIRE PROPERTY.— (j) TECHNICAL ASSISTANCE.—The Secretary is of each party to the agreements. Where, in carrying out the provisions of this authorized to provide such technical assistance (3) PROJECT OVERSIGHT ADMINISTRATION.—The title for construction of the core system, it be- as is necessary to enable the Tribe to— amount of Federal funds that may be used to comes necessary to acquire any rights or prop- (1) plan, design, and construct the core sys- provide technical assistance and to conduct the erty, the Authority, acting pursuant to State tem, including management training. Such tech- necessary construction oversight, inspection, law, Mont. Code Ann. Sec. 75–6–313 (2001), is nical assistance shall be deemed as a core system and administration of activities in paragraph (1) hereby authorized to acquire the same by con- project construction cost; and shall be negotiated with the Authority, and demnation under judicial process, and to pay (2) operate, maintain, and replace the core shall be an allowable project cost. such sums which may be needed for that pur- system and the on-reservation water distribution (e) SERVICE AREA.— pose. Nothing in this section shall apply to land systems. Such technical assistance shall be (1) IN GENERAL.—Except as provided in para- held in trust by the United States. deemed as a core system and an on-reservation graph (2), the service area of the noncore system (f) ON-RESERVATION WATER DISTRIBUTION water distribution systems operation, mainte- shall be generally defined as the area— SYSTEMS.— nance, and replacement cost, as appropriate. (A) north of the Missouri River and Dutton, (1) IN GENERAL.—The Secretary is authorized SEC. 905. NONCORE SYSTEM. Montana; to operate, maintain, and replace the water dis- (a) IN GENERAL.—The Secretary is authorized (B) south of the border between the United tribution systems of the Reservation. to enter into Cooperative Agreements with the States and Canada; (2) OPERATION, MAINTENANCE, AND REPLACE- Authority to provide Federal funds for the plan- (C) west of Havre, Montana; – MENT.—The cost of operation, maintenance, and ning, design, and construction of the noncore (D) east of Cut Bank Creek in Glacier County, replacement of the on-reservation water dis- system in Chouteau, Glacier, Hill, Liberty, Montana; and tribution systems shall be allocated as follows: Pondera, Teton, and Toole Counties, Montana, (E) as further defined in the final engineering (A) Up to 100 percent of the Tribe’s share of outside the Reservation. report, referenced in section 904(a). the OM&R costs, as negotiated in the Agree- (b) FEDERAL SHARE.— (2) EXCLUSIONS FROM SERVICE AREA.—The ments, shall be funded through the Chippewa (1) PLANNING, DESIGN, AND CONSTRUCTION.— service area of the noncore system shall not in- Cree Water System Operation, Maintenance, The Federal share of the cost of planning, de- clude the area inside the Reservation. and Replacement Trust Fund established in sec- sign, and construction of the noncore system (f) LIMITATION ON USE OF FEDERAL FUNDS.— tion 913; and shall be 80 percent and will be funded through The operation, maintenance, and replacement (3) AGREEMENTS.—Federal funds made avail- annual appropriations to the Bureau of Rec- expenses for the noncore system— able to carry out this subsection may be obli- lamation. (1) shall not be a Federal responsibility;

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00097 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.087 S20PT2 S11782 CONGRESSIONAL RECORD — SENATE November 20, 2002 (2) shall be borne by the Authority; and erence power available, for the purposes of this and replacement plan approved by the Sec- (3) the Secretary may not obligate or expend title. Power shall be made available when pumps retary. any Federal funds for the OM&R of the non- are energized and/or upon completion of the (e) INVESTMENT OF FUND.—The Secretary core system. Project. shall, after consulting with the Tribe on the in- (g) TITLE TO NONCORE SYSTEM.—Title to the SEC. 911. WATER CONSERVATION PLAN. vestment of the Fund, invest amounts in the noncore system shall be held by the Authority. (a) IN GENERAL.—The Tribe and the Authority Fund in accordance with— (h) AUTHORITY TO ACQUIRE PROPERTY.— shall develop and incorporate into the final en- (1) the Act of April 1, 1880 (21 Stat. 70, chapter Where, in carrying out the provisions of this gineering report a water conservation plan that 41; 25 U.S.C. 161); title for construction of the noncore system, it contains— (2) the first section of the Act of February 12, becomes necessary to acquire any rights or prop- (1) a description of water conservation objec- 1929 (25 U.S.C. 161a); erty, the Authority, acting pursuant to State tives; (3) the first section of the Act of June 24, 1938 law, Mont. Code Ann. Sec. 75–6–313 (2001), is (2) a description of appropriate water con- (25 U.S.C. 162a); and hereby authorized to acquire the same by conservation measures; and (4) subsection (b). demnation under judicial process, and to pay (3) a time schedule for implementing the water (f) EXPENDITURES AND WITHDRAWAL.— such sums which may be needed for that pur- conservation measures to meet the water con- (1) TRIBAL MANAGEMENT PLAN.— pose. Nothing in this section shall apply to land servation objectives. (A) WITHDRAWAL BY TRIBE.—The Tribe may held in trust by the United States. (b) PURPOSE.—The water conservation plan withdraw all or part of the Fund on approval SEC. 906. LIMITATION ON AVAILABILITY OF CON- under subsection (a) shall be designed to ensure by the Secretary of a tribal management plan as STRUCTION FUNDS. that users of water from the core system, on-res- described in the Trust Fund Reform Act. The Secretary shall not obligate funds for ervation water distribution systems, and the (B) REQUIREMENTS.—In addition to the re- construction of the core system or the noncore noncore system will use the best practicable quirements under the Trust Fund Reform Act, system until— technology and management techniques to con- the tribal management plan shall require that (1) the requirements of the National Environ- serve water. the Tribe spend any funds only in accordance mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (c) COORDINATION OF PROGRAMS.—Section with the purposes described in subsections are met with respect to the core system and the 210(a) and (c) of the Reclamation Reform Act of 913(d) and (f). noncore system; 1982 (43 U.S.C. 390jj(a) and (c)) shall apply to (2) ENFORCEMENT.—The Secretary may take (2) the date that is 90 days after the date of activities under Section 911 of this title. judicial or administrative action to enforce the submission to Congress of a final engineering re- SEC. 912. WATER RIGHTS. provisions of any tribal management plan to en- port approved and transmitted by the Secretary; sure that any monies withdrawn from the Fund and This title does not— (1) impair the validity of or preempt any pro- under the plan are used in accordance with this (3) the Secretary publishes a written finding title. that the water conservation plan developed vision of State water law or any interstate compact governing water; (3) LIABILITY.—If the Tribe exercises the right under section 911(a) includes prudent and rea- to withdraw monies from the Fund pursuant to sonable water conservation measures for the op- (2) alter the right of any State to any appropriated share of the water of any body of sur- the Trust Fund Reform Act, neither the Sec- eration of the Rocky Boy’s/North Central Mon- retary nor the Secretary of the Treasury shall tana Regional Water System that have been face or ground water, whether determined by any past or future interstate compact or by any retain any liability for the expenditure or in- shown to be economically and financially fea- vestment of the monies withdrawn. sible. past or future legislative or final judicial allocation; (4) OPERATION, MAINTENANCE, AND REPLACE- SEC. 907. CONNECTION CHARGES. (3) preempt or modify any Federal or State MENT PLAN.—Expenditures of accrued interest, The cost of connection of nontribal commu- law or interstate compact concerning water only, from the Fund may be made for operation, nity water distribution systems and individual quality or disposal; maintenance, and replacement plan approved service systems to transmission lines of the core (4) confer on any non-Federal entity the au- by the Secretary. system and noncore system shall be the respon- thority to exercise any Federal right to the (A) IN GENERAL.—The Tribe shall submit to sibility of the entities receiving water from the water of any stream or to any ground water re- the Secretary for approval an operation, mainte- transmission lines. source; or nance, and replacement plan for any funds SEC. 908. AUTHORIZATION OF CONTRACTS. (5) affect any right of the Tribe to water, lo- made available to it under this section. The Secretary is authorized to enter into con- cated within or outside the external boundaries (B) DESCRIPTION.—The plan shall describe the tracts with the Authority for water from Lake of the Reservation, based on a treaty, compact, manner in which, and the purposes for which, Elwell providing for the repayment of its respec- Executive Order, Agreements, Act of Congress, funds made available to the Tribe will be used. tive share of the construction, operation, main- aboriginal title, the decision in Winters v. (C) APPROVAL.—On receipt of an expenditure tenance and replacement costs of Tiber dam and United States, 207 U.S. 564 (1908) (commonly plan under subparagraph (A), the Secretary reservoir, as determined by the Secretary, in ac- known as the ‘Winters Doctrine’), or other law. shall, in a timely manner, approve the plan if cordance with Federal Reclamation Law (Act of the Secretary determines that the plan is rea- SEC. 913. CHIPPEWA CREE WATER SYSTEM OPER- June 17, 1902, 32 Stat. 388, and acts amendatory ATION, MAINTENANCE, AND RE- sonable and consistent with this title. thereof and supplemental thereto). PLACEMENT TRUST FUND. (5) AVAILABILITY.—Funds made available SEC. 909. TIBER RESERVOIR ALLOCATION TO THE (a) ESTABLISHMENT OF TRUST FUND.—There is from the fund under this section shall be avail- TRIBE. established in the Treasury of the United States able without fiscal year limitation. (a) NO DIMINISHMENT OF STORAGE.—In pro- a trust fund to be known as the ‘‘Chippewa (6) ANNUAL REPORT.—The Tribe shall submit viding for the delivery of water to the noncore Cree Water System Operation, Maintenance, to the Secretary an annual report that describes system, the Secretary shall not diminish the and Replacement Trust Fund’’, to be managed all expenditures from the Fund during the year 10,000 acre-feet per year of water stored for the and invested by the Secretary. covered by the report. Tribe pursuant to section 201 of the Chippewa (b) CONTENTS OF FUND.—The Fund shall con- (g) NO PER CAPITA DISTRIBUTIONS.—No part Cree Tribe of The Rocky Boy’s Reservation In- sist of— of the Fund shall be distributed on a per capita dian Reserved Water Rights Settlement and (1) the amount of $15,000,000 as the Federal basis to members of the Tribe. Water Supply Enhancement Act of 1999 (Public share, as authorized to be appropriated in sec- SEC. 914. AUTHORIZATION OF APPROPRIATIONS. Law 106–163) in Lake Elwell, Lower Marias tion 914(c); (a) CORE SYSTEM.—There is authorized to be Unit, Upper Missouri Division, Pick-Sloan Mis- (2) the Tribe shall deposit into the Fund appropriated $129,280,000 to the Bureau of Rec- souri Basin Program, Montana. $5,000,000 of the $15,000,000 appropriated pursu- lamation for the planning, design, and con- (b) DRAW OF SUPPLY; PURCHASE OF ADDI- ant to the Chippewa Cree Tribe of the Rocky struction of the core system. The Tribal portion TIONAL WATER.—In providing for delivery of Boy’s Reservation Indian Reserved Water of the costs shall be 76 percent. The Authority’s water to Rocky Boy’s Indian Reservation for the Rights Settlement and Water Supply Enhance- portion of the costs shall be 24 percent. purposes of this title, the Tribe shall draw its ment Act of 1999 (Public Law 106–163); and (b) ON-RESERVATION WATER DISTRIBUTION supply from the 10,000 acre-feet per year of (3) such interest as may accrue, until ex- SYSTEMS.—The Tribe shall use $10,000,000 of the water stored for the Tribe pursuant to section pended according to subsections (d) and (f). $15,000,000 appropriated pursuant to the Chip- 201 of the Chippewa Cree Tribe of The Rocky (c) MANAGEMENT OF THE FUND.—The Sec- pewa Cree Tribe of the Rocky Boy’s Reservation Boy’s Reservation Indian Reserved Water retary shall manage the Fund, make invest- Indian Reserved Water Rights Settlement and Rights Settlement and Water Supply Act of 1999 ments from the Fund, and make monies avail- Water Supply Enhancement Act of 1999 (Public (Public Law 106–163) in Lake Elwell, Lower able from the Fund for distribution to the Tribe Law 106–163), plus accrued interest, in the pur- Marias Unit, Upper Missouri Division, Pick- consistent with the American Indian Trust chase, construction, expansion or rehabilitation Sloan Missouri Basin Program, Montana. Noth- Fund Management Reform Act of 1994 (25 of the on-reservation water distribution systems. ing in this title shall prevent the Tribe from en- U.S.C. 4001 et seq.) (referred to in this section as (c) CHIPPEWA CREE WATER SYSTEM OPER- tering into contracts with the Secretary for the the ‘‘Trust Fund Reform Act’’), and this title. ATION, MAINTENANCE, AND REPLACEMENT TRUST purchase of additional water from Lake Elwell. (d) USE OF FUND.—The Tribe shall use ac- FUND.—For the Federal contribution to the SEC. 910. USE OF PICK-SLOAN POWER. crued interest, only, from the Fund for oper- Fund, established in section 913, there is au- The Secretary of the Interior, in cooperation ation, maintenance, and replacement of the core thorized to be appropriated to the Bureau of In- with the Secretary of Energy, is directed to system and the on-reservation distribution, dian Affairs the sum of $7,500,000 each year for make Pick-Sloan Missouri Basin Program pref- only, pursuant to an operation, maintenance fiscal year 2005 and 2006.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00098 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.087 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11783 (d) NONCORE SYSTEM.—There is authorized to was reported by the Committee on In- ø‘‘(2) in the case of an interest in trust or be appropriated $73,600,000 to the Bureau of dian Affairs with an amendment, as restricted land to which such a code does not Reclamation for the planning, design, and con- follows: apply, be considered an ‘intestate interest’ struction of the noncore system. [Strike the part shown in black and descend pursuant to subsection (b), this (e) COST INDEXING.—The sums authorized to Act, and other applicable Federal law. brackets and insert the part shown in be appropriated under this section may be in- ø Italic.] ‘‘(b) INTESTATE SUCCESSION.—An interest creased or decreased by such amounts as are in trust or restricted land described in sub- justified by reason of ordinary fluctuations in S. 1340 section (a)(2) (intestate interest) shall de- development costs incurred after the date of en- Be it enacted by the Senate and House of Rep- scend as provided for in this subsection in actment of this title, as indicated by engineering resentatives of the United States of America in the following order: cost indices applicable for the type of construc- Congress assembled, ø‘‘(1) SURVIVING INDIAN SPOUSE.— tion involved. øSECTION 1. SHORT TITLE. ø‘‘(A) SOLE HEIR.—A surviving Indian TITLE X—MISCELLANEOUS øThis Act may be cited as the ‘‘Indian Pro- spouse of the decedent shall receive all of the SEC. 1001. SANTEE SIOUX TRIBE, NEBRASKA, bate Reform Act of 2001’’. decedent’s intestate interests if no Indian WATER SYSTEM STUDY. øSEC. 2. AMENDMENTS TO THE INDIAN LAND child or grandchild of the decedent survives (a) STUDY.—Pursuant to reclamation laws, CONSOLIDATION ACT. the decedent. ø the Secretary of the Interior (hereafter in this ø(a) IN GENERAL.—The Indian Land Con- ‘‘(B) OTHER HEIRS.—A surviving Indian section referred to as the ‘‘Secretary’’), through solidation Act (25 U.S.C. 2201 et seq.) is spouse of the decedent shall receive a one- the Bureau of Reclamation and in consultation amended by adding at the end the following: half interest in each of the decedent’s intestate interests if the decedent is also survived with the Santee Sioux Tribe of Nebraska ø‘‘Subtitle B—Indian Probate Reform (hereafter in this section referred to as the by Indian children or grandchildren. ø ‘‘Tribe’’), shall conduct a feasibility study to de- ‘‘SEC. 231. FINDINGS. ø‘‘(C) HEIRS OF THE FIRST OR SECOND DE- termine the most feasible method of developing a ø‘‘Congress makes the following findings: GREE OTHER THAN SURVIVING INDIAN SPOUSE.— safe and adequate municipal, rural, and indus- ø‘‘(1) The General Allotment Act of 1887 The one-half interest in each of the dece- trial water treatment and distribution system for (commonly known as the ‘‘Dawes Act’’), dent’s intestate interests that do not de- the Santee Sioux Tribe of Nebraska that could which authorized the allotment of Indian scend to the surviving Indian spouse under serve the tribal community and adjacent com- reservations, did not allow Indian allotment subparagraph (B) shall descend in the fol- munities and incorporate population growth owners to provide for the testamentary dis- lowing order: and economic development activities for a period position of the land that was allotted to such ø‘‘(i) To the Indian children of the decedent of 40 years. owners. in equal shares, or to the Indian grand- ø (b) COOPERATIVE AGREEMENT.—At the request ‘‘(2) The Dawes Act provided that allot- children of the decedent, if any, in equal of the Tribe, the Secretary shall enter into a co- ments would descend according to State law shares by right of representation if 1 or more operative agreement with the Tribe for activities of intestate succession based on the location of the Indian children of the decedent do not necessary to conduct the study required by sub- of the allotment. survive the decedent. section (a) regarding which the Tribe has ø‘‘(3) The Federal Government’s reliance ø‘‘(ii) If the decedent is not survived by In- unique expertise or knowledge. on the State law of intestate succession with dian children or grandchildren, to the sur- (c) REPORT.—Not later than 1 year after funds respect to the descendency of allotments has viving Indian parent of the decedent, or to are made available to carry out this section, the resulted in numerous problems to Indian both of the surviving Indian parents of the Secretary shall transmit to Congress a report tribes, their members, and the Federal Gov- decedent as joint tenants with the right of containing the results of the study required by ernment. These problems include— survivorship. subsection (a). ø‘‘(A) the increasing fractionated owner- ø‘‘(iii) If the decedent is not survived by (d) AUTHORIZATION OF APPROPRIATIONS.— ship of trust and restricted land as these any person who is eligible to inherit under There is authorized to be appropriated to the lands are inherited by successive generations clause (i) or (ii), to the surviving Indian Secretary $500,000 to carry out this section. of owners as tenants in common; brothers and sisters of the decedent. ø SEC. 1002. YUROK TRIBE AND HOPLAND BAND IN- ‘‘(B) the application of different rules of ø‘‘(iv) If the decedent is not survived by CLUDED IN LONG TERM LEASING. intestate succession to each of a decedent’s any person who is eligible to inherit under (a) IN GENERAL.—The first section of the Act interests in trust and restricted land if such clause (i), (ii), or (iii), the intestate interests entitled ‘‘An Act to authorize the leasing of re- land is located within the boundaries of dif- shall descend, or may be acquired, as pro- stricted Indian lands for public, religious, edu- ferent States which makes probate planning vided for in section 207(a)(3)(B), 207(a)(4), or cational, recreational, residential, business, and unnecessarily difficult and impedes efforts to 207(a)(5). other purposes requiring the grant of long-term provide probate planning assistance or ad- ø‘‘(2) NO SURVIVING INDIAN SPOUSE.—If the leases’’, approved August 9, 1955 (25 U.S.C. vice; decedent is not survived by an Indian spouse, 415(a)) is amended by inserting ‘‘lands held in ø‘‘(C) the absence of a uniform general pro- the intestate interests of the decedent shall trust for the Yurok Tribe, lands held in trust for bate code for trust and restricted land which descend to the individuals described in sub- the Hopland Band of Pomo Indians of the makes it difficult for Indian tribes to work paragraphs (A) through (D) who survive the Hopland Rancheria,’’ after ‘‘Pueblo of Santa cooperatively to develop tribal probate decedent in the following order: Clara,’’. codes; and ø‘‘(A) To the Indian children of the dece- ø (b) EFFECTIVE DATE.—The amendment made ‘‘(D) the failure of Federal law to address dent in equal shares, or to the Indian grand- by subsection (a) shall apply to any lease en- or provide for many of the essential elements children of the decedent, if any, in equal tered into or renewed after the date of the en- of general probate law, either directly or by shares by right of representation if 1 or more actment of this title. reference, which is unfair to the owners of of the Indian children of the decedent do not trust and restricted land and their heirs and Mr. REID. Mr. President, I ask unan- survive the decedent. devisees and which makes probate planning ø‘‘(B) If the decedent is not survived by In- imous consent that the Senate concur more difficult. dian children or grandchildren, to the sur- in the House amendment and the mo- ø‘‘(4) Based on the problems identified in viving Indian parent of the decedent, or to tion to reconsider be laid upon the paragraph (3), a uniform Federal probate both of the surviving Indian parents of the table. code would likely— decedent as joint tenants with the right of The PRESIDING OFFICER. Without ø‘‘(A) reduce the number of unnecessary survivorship. objection, it is so ordered. fractionated interests in trust or restricted ø‘‘(C) If the decedent is not survived by any land; person who is eligible to inherit under sub- f ø‘‘(B) facilitate efforts to provide probate paragraph (A) or (B), to the surviving Indian INDIAN PROBATE REFORM ACT OF planning assistance and advice; brothers and sisters of the decedent. 2002 ø‘‘(C) facilitate inter-tribal efforts to ø‘‘(D) If the decent is not survived by any produce tribal probate codes pursuant to sec- person who is eligible to inherit under sub- Mr. REID. Mr. President, I ask unan- tion 206; and paragraph (A), (B), or (C), the intestate in- imous consent that the Senate proceed ø‘‘(D) provide essential elements of general terests shall descend, or may be acquired, as to Calendar No. 766, S. 1340. probate law that are not applicable on the provided for in section 207(a)(3)(B), 207(a)(4), The PRESIDING OFFICER. The date of enactment of this subtitle to inter- or 207(a)(5). clerk will state the bill by title. ests in trust or restricted land. ø‘‘(3) SURVIVING NON-INDIAN SPOUSE.— The legislative clerk read as follows: ø‘‘SEC. 232. RULES RELATING TO INTESTATE IN- ø‘‘(A) NO DESCENDANTS.—A surviving non- TERESTS AND PROBATE. Indian spouse of the decedent shall receive a A bill (S. 1340) to amend the Indian Land ø‘‘(a) IN GENERAL.—Any interest in trust or life estate in each of the intestate interests Consolidation Act to provide for probate re- restricted land that is not disposed of by a of the decedent pursuant to section 207(b)(2) form with respect to trust and restricted valid will shall— if the decedent is not survived by any chil- lands. ø‘‘(1) descend according to a tribal probate dren or grandchildren. There being no objection, the Senate code that is approved pursuant to section ø‘‘(B) DESCENDANTS.—A surviving non-In- proceeded to consider the bill which 206; or dian spouse of the decedent shall receive a

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.087 S20PT2 S11784 CONGRESSIONAL RECORD — SENATE November 20, 2002 life estate in one-half of the intestate inter- tion of the testator’s marriage to the sur- ø(1) by inserting after section 202, the fol- ests of the decedent pursuant to section viving spouse; lowing: 207(b)(2) if the decedent is survived by at ø‘‘(D) the will expresses the intention that ø‘‘Subtitle A—General Land Consolidation’’; least one of the children or grandchildren of it is to be effective notwithstanding any sub- ø(2) in section 206 (25 U.S.C. 2205)— the decedent. sequent marriage; or ø(A) in subsection (a)(3)— ø ø ‘‘(C) DESCENDANTS OTHER THAN SURVIVING ‘‘(E) the testator provided for the spouse ø(i) by striking ‘‘The Secretary’’ and in- NON-INDIAN SPOUSE.—The one-half life estate by a transfer of funds or property outside of serting the following: interest in each of the decedent’s intestate the will and an intent that the transfer be in ø‘‘(A) IN GENERAL.—The Secretary’’; and interests that do not descend to the sur- lieu of a testamentary provision is dem- ø(ii) by adding at the end the following: viving non-Indian spouse under subparagraph onstrated by the testator’s statements or is ø‘‘(B) TRIBAL PROBATE CODES.—A tribal pro- (B) shall descend to the children of the dece- reasonably inferred from the amount of the bate code shall not prevent the devise of an dent in equal shares, or to the grandchildren transfer or other evidence. interest in trust or restricted land to non- of the decedent, if any, in equal shares by ø‘‘(2) CHILDREN.—For purposes of this sec- members of the tribe unless the code— right of representation if 1 or more of the tion, if a testator executed his or her will ø‘‘(i) provides for the renouncing of inter- children of the decedent do not survive the prior to the birth of 1 or more children of the ests, reservation of life estates, and payment decedent. testator and the omission is the product of of fair market value in the manner pre- ø‘‘(4) NO SURVIVING SPOUSE OR INDIAN inadvertence rather than an intentional scribed under subsection (c)(2); and HEIRS.—If the decedent is not survived by a omission, such children shall share in the de- ø‘‘(ii) does not prohibit the devise of an in- spouse, a life estate in the intestate interests cedent’s intestate interests in trust or re- terest in an allotment to an Indian person if of the decedent shall descend in the fol- stricted lands as if the decedent had died in- such allotment was originally allotted to the lowing order: testate. Any person recognized as an heir by lineal ancestor of the devisee.’’; and ø‘‘(A) To the children of the decedent in virtue of adoption under the Act of July 8, ø(B) in subsection (c)(2)— equal shares, or to the grandchildren of the 1940 (54 Stat 746) shall be treated as a dece- ø(i) in subparagraph (A)— decedent, if any, in equal shares by right of dent’s child under this section. ø(I) by striking ‘‘IN GENERAL.—Paragraph’’ representation if 1 or more of the children of ø‘‘(e) DIVORCE.— and inserting the following: ø the decedent do not survive the decedent. ‘‘(1) SURVIVING SPOUSE.— ø‘‘(A) NONAPPLICABILITY TO CERTAIN INTER- ø ø ‘‘(B) If the decedent has no surviving chil- ‘‘(A) IN GENERAL.—For purposes of this ESTS.— dren or grandchildren, to the surviving par- section, an individual who is divorced from ø‘‘(i) IN GENERAL.—Paragraph’’; ents of the decedent. the decedent, or whose marriage to the dece- ø(II) by striking ‘‘if, while’’ and inserting ø‘‘(5) REMAINDER INTEREST FROM LIFE ES- dent has been annulled, shall not be consid- the following: ‘‘if— TATES.—The remainder interest from a life ered to be a surviving spouse unless, by vir- ø‘‘(I) while’’; estate established under paragraphs (3) and tue of a subsequent marriage, such indi- ø(III) by striking the period and inserting (4) shall descend in the following order: vidual is married to the decedent at the time ‘‘; or’’; ø‘‘(A) To the Indian children of the dece- of death. A decree of separation that does ø(IV) by adding at the end thereof the fol- dent in equal shares, or to the Indian grand- not terminate the status of husband and wife lowing: children of the decedent, if any, in equal shall not be considered a divorce for purposes ø‘‘(II) the interest is part of a family farm shares by right of representation if 1 or more of this subsection. that is devised to a member of the decedent’s of the children of the decedent do not survive ø‘‘(B) RULE OF CONSTRUCTION.—Nothing in family if the devisee agrees that the Indian the decedent. subparagraph (A) shall be construed to pre- tribe that exercises jurisdiction over the ø‘‘(B) If there are no surviving Indian chil- vent an entity responsible for adjudicating land will have the opportunity to acquire the dren or grandchildren of the decedent, to the interests in trust or restricted land from giv- interest for fair market value if the interest surviving Indian parent of the decedent or to ing force and effect to a property right set- is offered for sale to an entity that is not a both of the surviving Indian parents of the tlement if one of the parties to the settle- member of the family of the owner of the decedent as joint tenant with the right of ment dies before the issuance of a final de- land. survivorship. cree dissolving the marriage of the parties to ø‘‘(ii) RULE OF CONSTRUCTION.—Nothing in ø‘‘(C) If there is no surviving Indian child, the property settlement. clause (i)(II) shall be construed to prevent or grandchild, or parent, to the surviving In- ø‘‘(2) EFFECT OF SUBSEQUENT DIVORCE ON A limit the ability of an owner of land to which dian brothers or sisters of the decedent in WILL OR DEVISE.—If after executing a will the such clause applies to mortgage such land or equal shares. testator is divorced or the marriage of the to limit the right of the entity holding such ø‘‘(D) If there is no surviving Indian de- testator is annulled, upon the effective date a mortgage to foreclose or otherwise enforce scendant or parent, brother or sister, the in- of the divorce or annulment any disposition such a mortgage agreement pursuant to ap- testate interests of the decedent shall de- of interests in trust or restricted land made plicable law.’’; and scend, or may be acquired, as provided for in by the will to the former spouse shall be ø(ii) in subparagraph (B), by striking section 207(a)(3)(B), 207(a)(4), or 207(a)(5). deemed to be revoked unless the will ex- ‘‘207(a)(6)(B)’’ and inserting ‘‘207(a)(6)’’; ø‘‘(c) SPECIAL RULE RELATING TO SUR- pressly provides otherwise. Property that is ø(3) in section 207 (25 U.S.C. 2206)— VIVAL.—For purposes of this section, an indi- prevented from passing to a former spouse ø(A) in subsection (a)(6), by striking sub- vidual who fails to survive a decedent by at based on the preceding sentence shall pass as paragraph (A) and inserting the following: least 120 hours is deemed to have predeceased if the former spouse failed to survive the de- ø‘‘(A) DEVISE TO OTHERS.— the decedent for purposes of intestate succes- cedent. Any provision of a will that is re- ø‘‘(i) IN GENERAL.—Notwithstanding para- sion, and the heirs of the decedent shall be voked solely by operation of this paragraph graph (2), an owner of trust or restricted determined accordingly. If it is not estab- shall be revived by the testator’s remarriage land— lished by clear and convincing evidence that to the former spouse. ø‘‘(I) who does not have an Indian spouse or an individual who would otherwise be an heir ø‘‘(f) NOTICE.—To the extent practicable, an Indian lineal descendant may devise his survived the decedent by at least 120 hours, the Secretary shall notify the owners of or her interests in such land to his or her such individual shall be deemed to have trust and restricted land of the provisions of spouse, lineal descendant, heirs of the first failed to survive for the required time-period this title. Such notice may, at the discretion or second degree, or collateral heirs of the for purposes of the preceding sentence. of the Secretary, be provided together with first or second degree; ø‘‘(d) PRETERMITTED SPOUSES AND CHIL- the notice required under section 207(g). ø‘‘(II) who does not have a spouse or an In- DREN.— ø‘‘SEC. 233. COLLECTION OF PAST-DUE AND dian lineal descendent may devise his or her ø‘‘(1) SPOUSES.—For purposes of this sec- OVER-DUE CHILD SUPPORT interests in such land to his or her lineal de- tion, if the surviving spouse of a testator ø‘‘The Secretary shall establish procedures scendant, heirs of the first or second degree, married the testator after the testator exe- to provide for the collection of past-due or or collateral heirs of the first or second de- cuted his or her will, the surviving spouse over-due support obligations entered by a gree; or shall receive the intestate share in trust or tribal court or any other court of competent ø‘‘(III) who does not have a spouse or lineal restricted land that such spouse would have jurisdiction from the revenue derived from descendant may devise his or her interests in otherwise received if the testator had died an interests in trust or restricted land. such land to his or her heirs of the first or intestate. The preceding sentence shall not ø‘‘SEC. 234. EFFECTIVE DATE. second degree, or collateral heirs of the first apply to an interest in trust or restricted ø‘‘(a) IN GENERAL.—The provisions of this or second degree. lands where— title shall not apply to the estate of an indi- ø‘‘(ii) RULE OF CONSTRUCTION.—Any devise ø‘‘(A) the will is executed before the date vidual who dies prior to the later of— of an interest in trust or restricted land specified in section 234(a); ø‘‘(1) the date that is 1 year after the date under clause (i) to a non-Indian will be con- ø‘‘(B) the testator’s spouse is a non-Indian of enactment of this subtitle; or strued to devise a life estate unless the de- and the testator has devised his or her inter- ø‘‘(2) the date specified in section vise explicitly states that the testator in- ests in trust or restricted land to an Indian 207(g)(5).’’. tends for the devisee to take the interest in or Indians; ø(b) OTHER AMENDMENTS.—The Indian Land fee. ø‘‘(C) it appears from the will or other evi- Consolidation Act (25 U.S.C. 2201 et seq.) is ø‘‘(B) UNEXERCISED RIGHTS OF REDEMP- dence that the will was made in contempla- amended— TION.—

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ø‘‘(i) IN GENERAL.—This subparagraph (B) it difficult for Indian tribes to work coopera- ‘‘(3) DEVISE OF A PASSIVE TRUST INTEREST.— shall only apply to interests in trust or re- tively to develop tribal probate codes; and ‘‘(A) IN GENERAL.—The holder of an interest stricted land that are held in trust or re- (D) the failure of Federal law to address or in trust or restricted land that is held as a pas- stricted status as of the date of enactment of provide for many of the essential elements of sive trust interest may devise the interest as a the Indian Probate Reform Act of 2001, and general probate law, either directly or by ref- passive trust interest only to— interests in any parcel of land, at least a por- erence, which is unfair to the owners of trust ‘‘(i) any Indian or the Indian tribe that exer- tion of which is in trust or restricted status and restricted land and their heirs and devisees cises jurisdiction over the interest; as of such date of enactment, that is subject and which makes probate planning more dif- ‘‘(ii) the holder’s lineal descendants or heirs of to a tax sale, tax foreclosure proceeding, or ficult. the first or second degree; similar proceeding. (4) Based on the problems identified in para- ‘‘(iii) any living descendant of the decedent from whom the holder acquired the interest by ø‘‘(ii) EXERCISE OF RIGHT.—If the owner of graph (3), a uniform Federal probate code would such an interest referred to in clause (i) fails likely— devise or descent; and ‘‘(iv) any person who owns a pre-existing in- or refuses to exercise any right of redemp- (A) reduce the number of unnecessary terest or a passive trust interest in the same par- tion that is available to that owner under fractionated interests in trust or restricted land; cel of land if the pre-existing interest is held in applicable law, the Indian tribe that exer- (B) facilitate efforts to provide probate plan- trust or restricted status or in passive trust sta- cises jurisdiction over the trust or restricted ning assistance and advice; tus. land referred to in such clause may exercise (C) facilitate inter-tribal efforts to produce ‘‘(B) INELIGIBLE DEVISEES AND INTESTATE SUC- such right of redemption. tribal probate codes pursuant to section 206 of CESSION.—A passive trust interest that is devised ø ‘‘(iii) PENALTIES AND ASSESSMENTS.—To the Indian Land Consolidation Act (25 U.S.C. to a person who is not eligible under subpara- the extent permitted under the Constitution 2205); and graph (A) or that is not disposed of by a valid of the United States, an Indian tribe acquir- (D) provide essential elements of general pro- will shall pass pursuant to the applicable law of ing an interest under clause (i) may acquire bate law that are not applicable on the date of intestate succession as provided for in sub- such an interest without being required to enactment of this subtitle to interests in trust or section (b).’’. pay— restricted land. (b) INTESTATE SUCCESSION.—Subsection (b) of ø‘‘(I) penalties; or SEC. 3. INDIAN PROBATE REFORM. section 207 of the Indian Land Consolidation ø ‘‘(II) past due assessments that exceed the (a) TESTAMENTARY DISPOSITION.—Subsection Act (25 U.S.C. 2206(b)) is amended to read as fol- fair market value of the interest.’’; and (a) of section 207 of the Indian Land Consolida- lows: ø(B) in subsection (g)(5), by striking ‘‘this tion Act (25 U.S.C. 2206(a)) is amended to read ‘‘(b) INTESTATE SUCCESSION.— section’’ and inserting ‘‘subsections (a) and as follows: ‘‘(1) RULES OF DESCENT.— (b)’’; and ‘‘(a) TESTAMENTARY DISPOSITION.— ‘‘(A) IN GENERAL.—Subject to any applicable ø (4) in section 217 (25 U.S.C. 2216)— ‘‘(1) GENERAL DEVISE OF AN INTEREST IN TRUST Federal law relating to the devise or descent of ø (A) in subsection (e)(3), by striking OR RESTRICTED LAND.— trust or restricted property, any interest in trust ‘‘prospective applicants for the leasing, use, ‘‘(A) IN GENERAL.—Subject to any applicable or restricted land that is not disposed of by a or consolidation of’’ and insert ‘‘any person Federal law relating to the devise or descent of valid will shall— that is leasing, using or consolidating, or is trust or restricted property, or a tribal probate ‘‘(i) descend according to a tribal probate code applying to, lease, use, or consolidate,’’; and code enacted pursuant to section 206, the owner that is approved pursuant to section 206; or ‘‘(ii) in the case of an interest in trust or re- ø(B) in subsection (f)— of an interest in trust or restricted land may de- stricted land to which such a code does not ø(i) by striking ‘‘After the expiration of vise such an interest to the Indian tribe with ju- apply, be considered an ‘intestate interest’ and the limitation period provided for in sub- risdiction over the land so devised, or to any In- descend pursuant to paragraph (2), this Act, section (b)(2) and prior’’ and inserting dian in trust or restricted status or as a passive and other applicable Federal law. ‘‘Prior’’; and trust interest (as provided for in section 207A). ø ‘‘(B) CLASSIFICATIONS.—For purposes of ap- (ii) by striking ‘‘sold, exchanged, or other- ‘‘(B) STATUS.—The devise of an interest in plying this subsection, intestate interests re- wise conveyed under this section’’. trust or restricted land to an Indian under sub- ferred to in subparagraph (A)(ii) shall be classi- ø(c) ISSUANCE OF PATENTS.—Section 5 of paragraph (A) shall not alter the status of such fied as either— the Act of February 8, 1887 (24 Stat. 348) is an interest as a trust or restricted interest unless amended by striking the second proviso and ‘‘(i) a devise or inheritance interest (an inter- the testator provides that the interest is to be est acquired by a decedent through devise or in- inserting the following: ‘‘Provided, That the held as a passive trust interest. rules of intestate succession under the In- heritance); or ‘‘(2) DEVISE OF TRUST OR RESTRICTED LAND IN ‘‘(ii) an acquired interest (an interest acquired dian Land Consolidation Act, or a tribal pro- PASSIVE TRUST OR FEE STATUS.— by a decedent by any means other than devise bate code approved under such Act and regu- ‘‘(A) IN GENERAL.—Any interest in trust or re- or inheritance and an interest acquired by a de- lations, shall apply thereto after such pat- stricted land that is not devised pursuant to ¿ cedent through devise or inheritance)— ents have been executed and delivered:’’. paragraph (1) may only be devised— ‘‘(I) if the decedent— SECTION 1. SHORT TITLE. ‘‘(i) as a life estate to any non-Indian person ‘‘(aa) acquired additional undivided interests This Act may be cited as the ‘‘Indian Probate (the remainder interest may only be devised pur- in the same parcel as the interest, by a means Reform Act of 2002’’. suant to clause (ii), subparagraph (C), or para- other than devise or inheritance; or SEC. 2. FINDINGS. graph (1)(A)); ‘‘(bb) acquired land adjoining the parcel of Congress makes the following findings: ‘‘(ii)(I) to the testator’s lineal descendant or land that includes the interest; or (1) The General Allotment Act of 1887 heir of the 1st or 2nd degree as a passive trust ‘‘(II) if the parcel of land that includes the in- (commonly known as the ‘Dawes Act’), which interest (to be known as an ‘eligible passive terest includes the decedent’s spouse’s residence. authorized the allotment of Indian reservations, trust devisee’); or ‘‘(2) INTESTATE SUCCESSION.—An interest in did not allow Indian allotment owners to pro- ‘‘(II) if the testator does not have an heir of trust or restricted land described in paragraph vide for the testamentary disposition of the land the 1st or 2nd degree or a lineal descendant, to (1)(A)(ii) (an intestate interest) shall descend as that was allotted to those owners. any lineal descendant of a testator’s grand- provided for in this paragraph: (2) The Dawes Act provided that allotments parent as a passive trust interest (to be known ‘‘(A) SURVIVING INDIAN SPOUSE.—If a decedent would descend according to State law of intes- as an ‘eligible passive trust devisee’); or is survived by an Indian spouse and the dece- tate succession based on the location of the al- ‘‘(iii) in fee status as provided for in subpara- dent’s estate includes— ‘‘(i) one or more acquired interests, the dece- lotment. graph (C). dent’s spouse shall receive all such acquired in- (3) The Federal Government’s reliance on the ‘‘(B) PRESUMED DEVISE OF PASSIVE TRUST IN- terests; TEREST.—Any devise to an eligible passive trust State law of intestate succession with respect to ‘‘(ii) one or more devise or inheritance Inter- devisee, including the devise of a remainder in- the descendency of allotments has resulted in ests, and— numerous problems affecting Indian tribes, their terest from the devise of a life estate under sub- ‘‘(I) the decedent is not survived by an Indian members, and the Federal Government. Those paragraph (A)(ii), that does not indicate wheth- heir of the first or second degree, the decedent’s problems include— er the interest is devised as a passive trust inter- spouse shall receive all such devise or inherit- (A) the increasing fractionated ownership of est or a fee interest shall be construed to devise ance interests; or trust and restricted land as that land is inher- a passive trust interest. ‘‘(II) the decedent is survived by an Indian ited by successive generations of owners as ten- ‘‘(C) DEVISE OF A FEE INTEREST.—Subject to heir of the first or second degree, the decedent’s ants in common; subparagraph (D), any interest in trust or re- devise or inheritance interest shall descend pur- (B) the application of different rules of intes- stricted land that is not devised pursuant to suant to paragraph (3)(A). tate succession to each of a decedent’s interests paragraph (1), or devised to an eligible passive ‘‘(B) SURVIVING NON-INDIAN SPOUSE.—If a de- in trust and restricted land if that land is lo- trust devisee pursuant to subparagraph (A), cedent is survived by a non-Indian spouse and cated within the boundaries of more than 1 may be devised to a non-Indian in fee status. the decedent’s estate includes— State, which application makes probate plan- ‘‘(D) LIMITATION.—Any interest in trust or re- ‘‘(i) one or more acquired interests, the dece- ning unnecessarily difficult and impedes efforts stricted land that is subject to section 4 of the dent’s spouse shall receive a life estate in such to provide probate planning assistance or ad- Act of June 18, 1934 (25 U.S.C. 464) may only be acquired interest, and if the decedent is— vice; devised pursuant to such section 4, subpara- ‘‘(I) survived by an Indian heir of the 1st or (C) the absence of a uniform general probate graph (A) of this paragraph, or paragraph (1) of 2nd degree, the remainder interests shall de- code for trust and restricted land which makes this subsection. scend pursuant to paragraph (3)(A); or

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00101 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.088 S20PT2 S11786 CONGRESSIONAL RECORD — SENATE November 20, 2002 ‘‘(II) not survived by an Indian heir of the 1st bate of the decedent’s estate, the fair market ests in trust or restricted land made by the will or 2nd degree, the remainder interest shall de- value of the interest in such land. If more than to the former spouse shall be deemed to be re- scend pursuant to paragraph (3)(C); or 1 Indian co-owner (including the Indian tribe voked unless the will expressly provides other- ‘‘(ii) one or more devise or inheritance inter- referred to in clause (iii)) offers to pay for such wise. Property that is prevented from passing to ests, and the decedent is— an interest, the highest bidder shall acquire the a former spouse based on the preceding sentence ‘‘(I) survived by an Indian heir of the 1st or interest. shall pass as if the former spouse failed to sur- 2nd degree, such devise or inheritance interests ‘‘(v) DEFINITION.—In this subparagraph, the vive the decedent. Any provision of a will that shall descend pursuant to paragraph (3)(A); or term ‘collateral heir’ means the decedent’s aunt, is revoked solely by operation of this paragraph ‘‘(II) not survived by an Indian heir of the 1st uncle, niece, nephew, and first cousin. shall be revived by the testator’s remarriage to or 2nd degree, such devise or inheritance inter- ‘‘(4) SPECIAL RULE RELATING TO SURVIVAL.— the former spouse. est shall descend pursuant to paragraph (3)(C). For purposes of this section, an individual who ‘‘(7) NOTICE.—To the extent practicable, the ‘‘(C) NO SURVIVING SPOUSE.—If the decedent is fails to survive a decedent by at least 120 hours Secretary shall notify the owners of trust and not survived by a spouse, and the decedent’s es- is deemed to have predeceased the decedent for restricted land of the provisions of this Act. The tate includes one or more acquired interests or the purposes of intestate succession, and the notice may, at the discretion of the Secretary, be one or more devise or inheritance interests and heirs of the decedent shall be determined ac- provided together with the notice required under the decedent is— cordingly. If it is not established by clear and section 207(g).’’. ‘‘(i) survived by an Indian heir of the 1st or convincing evidence that an individual who (c) RULE OF CONSTRUCTION.—Section 207 of 2nd degree, the acquired interests or devise or would otherwise be an heir survived the dece- the Indian Land Consolidation Act (25 U.S.C. inheritance interests shall descend pursuant to dent by at least 120 hours, the individual shall 2206) is amended by adding at the end the fol- paragraph (3)(A); be deemed to have failed to survive for the re- lowing: ‘‘(ii) not survived by an Indian heir of the 1st quired time-period for the purposes of the pre- ‘‘(h) RULE OF CONSTRUCTION.—For purposes or 2nd degree, the acquired interests or devise or ceding sentence. of subsections (a) and (b), any reference to inheritance interests shall descend pursuant to ‘‘(5) PRETERMITTED SPOUSES AND CHILDREN.— ‘applicable Federal law’ shall be construed to paragraph (3)(C). ‘‘(A) SPOUSES.—For the purposes of this sec- include Public Law 91-627 (84 Stat. 1874, amend- ‘‘(3) RULES APPLICABLE TO INTESTATE SUCCES- tion, if the surviving spouse of a testator mar- ing section 7 of the Act of August 9, 1946), Pub- SION.— ried the testator after the testator executed his lic Law 92-377 (86 Stat. 530), and Public Law 92- ‘‘(A) INDIAN HEIRS.—For purposes of this sub- or her will, the surviving spouse shall receive 443 (86 Stat. 744). Nothing in this section shall section, Indian heirs of the 1st or 2nd degree the intestate share in trust or restricted land be construed to amend or alter such Public shall inherit in the following order: that the spouse would have otherwise received if Laws or any other Federal law that provides for ‘‘(i) The Indian children of the decedent, in the testator had died intestate. The preceding the devise and descent of any trust or restricted equal shares, or if one or more of those Indian sentence shall not apply to an interest in trust lands located on a specific Indian reservation.’’. children do not survive the decedent, such In- or restricted land where— (d) PASSIVE TRUST STATUS FOR TRUST OR RE- dian children of the decedent’s deceased child ‘‘(i) the will is executed before the date of en- STRICTED LAND.—The Indian Land Consolida- shall inherit by right of representation; actment of this subsection; tion Act is amended by inserting after section ‘‘(ii) If the decedent has no Indian children or ‘‘(ii) the testator’s spouse is a non-Indian and 207 (25 U.S.C. 2206) the following: grandchildren (that take by representation the testator has devised his or her interests in ‘‘SEC. 207A. PASSIVE TRUST STATUS FOR TRUST under clause (i)), to the decedent’s Indian trust or restricted land to an Indian or Indians; OR RESTRICTED LAND. brothers and sisters in equal shares. ‘‘(iii) it appears from the will or other evi- ‘‘(a) PASSIVE TRUST.—The owner of an inter- ‘‘(iii) If the decedent has no Indian brothers dence that the will was made in contemplation est in trust or restricted land may submit an ap- or sisters, to the decedent’s Indian parent or of the testator’s marriage to the surviving plication to the Secretary requesting that such parents. spouse; interest be held in passive trust interest status. ‘‘(B) RIGHT OF REPRESENTATION.—For purpose ‘‘(iv) the will expresses the intention that it is Such application may authorize the Secretary to of this subsection, in any case involving the de- to be effective notwithstanding any subsequent amend or alter any existing lease or agreement termination of a right of representation— marriage; or with respect to the interest that is the subject of ‘‘(i) each interest in trust land shall be equal- ‘‘(v) the testator provided for the spouse by a the application. ly divided into a number of shares that equals transfer of funds or property outside of the will ‘‘(b) APPROVAL.—Upon the approval of an ap- the sum of— and an intent that the transfer be in lieu of a plication by the Secretary under subsection (a), ‘‘(I) the number of surviving heirs in the near- testamentary provision is demonstrated by the an interest in trust or restricted land shall be est degree of kinship; and testator’s statements or is reasonably inferred held as a passive trust interest in accordance ‘‘(II) the number of deceased persons in that from the amount of the transfer or other evi- with this section. same degree, if any, who left issue who survive dence. ‘‘(c) REQUIREMENTS.—Except as provided in the decedent; ‘‘(B) CHILDREN.—For the purposes of this sec- this section, an interest in trust or restricted ‘‘(ii) each surviving heir described in clause tion, if a testator executed his or her will prior land that is held as a passive trust interest (i)(I) shall receive 1 share; and to the birth or adoption of 1 or more children of under this section— ‘‘(1) shall continue to be covered under any ‘‘(iii)(I) each deceased person described in the testator and the omission is the product of applicable tax-exempt status and continue to be clause (i)(II) shall receive 1 share; and inadvertence rather than an intentional omis- subject to any restrictions on alienation until ‘‘(II) that share shall be divided equally sion, those children shall share in the decedent’s such interest is patented in fee status; among the surviving issue of the deceased per- intestate interests in trust or restricted land as ‘‘(2) may, without the approval of the Sec- son. if the decedent had died intestate. Any person retary, be— ‘‘(C) NO INDIAN HEIRS.— recognized as an heir by virtue of adoption ‘‘(A) leased; ‘‘(i) IN GENERAL.—For purposes of this sub- under the Act of July 8, 1940 (54 Stat 746), shall ‘‘(B) mortgaged pursuant to the Act of March section, if a decedent does not have an Indian be treated as a decedent’s child under this sec- 29, 1956 (25 U.S.C. 483a); or heir of the 1st or 2nd degree, an interest shall tion. ‘‘(C) sold or conveyed to an Indian, the In- descend to an Indian collateral heir who is a co- ‘‘(6) DIVORCE.— dian tribe that exercises jurisdiction over the in- owner of an interest owned by the decedent if ‘‘(A) SURVIVING SPOUSE.— terest, or a co-owner of an interest in the same any. ‘‘(i) IN GENERAL.—For the purposes of this sec- parcel of land if the co-owner owns a pre-exist- ‘‘(ii) MULTIPLE COLLATERAL HEIRS.—If— tion, an individual who is divorced from the de- ing trust, restricted interest, or a passive trust ‘‘(I) more than one Indian collateral heir cedent, or whose marriage to the decedent has interest in the parcel; and owns an interest in an interest referred to in been annulled, shall not be considered to be a ‘‘(3) may be subject to an ordinance or resolu- clause (i), the interest shall descend to the col- surviving spouse unless, by virtue of a subse- tion enacted under subsection (d). lateral heir that owns the largest undivided in- quent marriage, the individual is married to the ‘‘(d) ORDINANCE OR RESOLUTION FOR RE- terest in the parcel; or decedent at the time of death. A decree of sepa- MOVAL OF STATUS.— ‘‘(II) two or more collateral heirs own equal ration that does not terminate the status of hus- ‘‘(1) IN GENERAL.—The governing body of the shares in an interest referred to in clause (i), the band and wife shall not be considered a divorce Indian tribe that exercises jurisdiction over an interest passing pursuant to this subsection for the purposes of this subsection. interest in trust or restricted land that is held as shall be divided equally between those collateral ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in a passive trust interest in accordance with this heirs that own equal shares. clause (i) shall be construed to prevent an entity section may enact an ordinance or resolution to ‘‘(iii) NO OWNERSHIP.—If none of the dece- responsible for adjudicating interests in trust or allow the owner of such an interest to apply to dent’s collateral heirs own an interest in the in- restricted land from giving force and effect to a the Secretary for the removal of the trust or re- terest referred to in clause (i), the interest shall property right settlement if one of the parties to stricted status of such portion of such lands descend to the Indian tribe that exercises juris- the settlement dies before the issuance of a final that are subject to the tribe’s jurisdiction. diction over the parcel of trust or restricted decree dissolving the marriage of the parties to ‘‘(2) REVIEW BY SECRETARY.—The Secretary lands involved, subject to clause (iv). the property settlement. shall review and may approve an ordinance or ‘‘(iv) ACQUISITION OF INTEREST.—Notwith- ‘‘(B) EFFECT OF SUBSEQUENT DIVORCE ON A resolution enacted by an Indian tribe pursuant standing clause (iii), an Indian co-owner of a WILL OR DEVISE.—If after executing a will the to paragraph (1) if the Secretary determines that parcel of trust or restricted land may acquire an testator is divorced or the marriage of the tes- the ordinance or resolution is consistent with interest subject to such clause by paying into tator is annulled, upon the effective date of the this Act and will not increase fractionated own- the decedent’s estate, before the close of the pro- divorce or annulment any disposition of inter- ership of Indian land.

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‘‘(e) REVENUES OR ROYALTIES.— in the parcel (including any undivided interest (i)(II)(bb), inform the owners of the parcel ‘‘(1) IN GENERAL.—Except as provided in para- owned by the tribe) consent or do not object to that— graph (2), the Secretary shall not be responsible the partition. ‘‘(I) the plan for partition is final; and for the collection of or accounting for any lease ‘‘(3) TRIBAL CONSENT.—A parcel of land that ‘‘(II) the owners have the right to appeal the revenues or royalties accruing to an interest is located within the reservation of an Indian determination of the Secretary to partition the held as a passive trust interest by any person tribe or otherwise under the jurisdiction of an parcel; and under this section. Indian tribe shall be partitioned under this sub- ‘‘(iii) if the owners of 50 percent or more of the ‘‘(2) EXCEPTION.—Paragraph (1) shall not section only if the Indian tribe does not object undivided ownership interest in the parcel ob- apply to an interest described in such para- to the partition. ject to the partition, inform the Indian tribe of graph if the Secretary approves an application ‘‘(4) APPLICABILITY.—This subsection shall the objection. to have such interest be taken into active trust not apply to any parcel of land that is the bona ‘‘(F) SUCCESSIVE PARTITION PLANS.—In car- status on behalf of an Indian or an Indian tribe fide residence of any person unless the person rying out subparagraph (E) in accordance with pursuant to regulations enacted by the Sec- consents to the partition in writing. paragraph (2)(B)(iii), the Secretary may, in ac- retary. ‘‘(5) PARTITION IN KIND.— cordance with subparagraph (E)— ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this ‘‘(A) IN GENERAL.—The Secretary shall com- ‘‘(i) approve 1 or more successive plans of par- subsection shall be construed to alter the au- mence the partition process described in sub- tition; and thority or responsibility of the Secretary, if any, paragraph (B) if— ‘‘(ii) make those plans available to the owners with respect to an interest in trust or restricted ‘‘(i) an eligible Indian tribe applies to parti- of the parcel. land held in active trust status, including an tion a parcel of land under this paragraph; and ‘‘(G) PLAN OF PARTITION—A plan of partition undivided interest within the same parcel of ‘‘(ii)(I) the Secretary determines that the In- approved by the Secretary in accordance with land as an undivided passive trust interest. dian tribe meets the applicable ownership re- subparagraph (D) or (E)— ‘‘(f) JURISDICTION OVER PASSIVE TRUST INTER- quirements of clause (i) or (ii) of paragraph ‘‘(i) may determine that 1 or more of the undi- EST.—An Indian tribe that exercises jurisdiction (2)(B); or vided interests in a parcel are not susceptible to over an interest in trust or restricted land that ‘‘(II) the Secretary determines that it is rea- a partition in kind; is devised or held as a passive trust interest sonable to believe that the partition would be in ‘‘(ii) may provide for the sale or exchange of under this section shall continue to exercise ju- accordance with paragraph (2)(B)(iii). those undivided interests to— ‘‘(I) 1 or more of the owners of undivided in- risdiction over the land that is held as a passive ‘‘(B) PARTITION PROCESS.—In carrying out trust interest and any person holding, leasing, any partition, the Secretary shall— terests in the parcel; or ‘‘(II) the Secretary in accordance with section or otherwise using such land shall be deemed to ‘‘(i) provide, to each owner of any undivided 213; and have consented to the jurisdiction of such a interest in the parcel to be partitioned, through ‘‘(iii) shall provide that the sale of any undi- tribe with respect to the use of such land, in- publication or other appropriate means, notice vided interest referred to in clause (ii) shall be cluding any impacts associated with any use of of the proposed partition; for not less than the fair market value of the in- such lands. ‘‘(ii) make available to any interested party a terest. ‘‘(g) PROBATE OF PASSIVE TRUST INTERESTS.— copy of any proposed partition plan submitted ‘‘(6) PARTITION BY SALE.— An interest in trust or restricted land that is by an Indian tribe or proposed by the Secretary; ‘‘(A) IN GENERAL.—The Secretary shall com- and held as a passive trust interest under this sec- mence the partition process described in sub- ‘‘(iii) review— tion shall be subject to probate by the Secretary paragraph (B) if— ‘‘(I) any proposed partition plan submitted by pursuant to this Act and other laws applicable ‘‘(i) an eligible Indian tribe applies to parti- any owner of an undivided interest in the par- to the probate of trust or restricted land. Any tion a parcel of land under this subsection; and interested party may file an application to com- cel; and ‘‘(ii)(I) the Secretary determines that the In- ‘‘(II) any comments or objections concerning a mence the probate of an interest in trust or re- dian tribe meets the applicable ownership re- partition, or any proposed plan of partition, stricted land held as a passive trust interest. quirements of clause (i) or (ii) of paragraph submitted by any owner or any other interested ‘‘(h) REGULATIONS.—The Secretary shall pro- (2)(B); or mulgate regulations to implement this section.’’. party. ‘‘(II) the Secretary determines that it is rea- (e) PARTITION.—Section 205 of the Indian ‘‘(C) DETERMINATION NOT TO PARTITION.—If sonable to believe that the partition would be in Land Consolidation Act (25 U.S.C. 2204) is the Secretary determines that a parcel of land accordance with paragraph (2)(B)(iii). amended by adding at the end the following: cannot be partitioned in a manner that is fair ‘‘(B) PARTITION PROCESS.—In carrying out ‘‘(c) PARTITION.— and equitable to the owners of the parcel, the any partition of a parcel, the Secretary— ‘‘(1) IN GENERAL.—Notwithstanding any other Secretary shall inform each owner of the parcel ‘‘(i) shall conduct a preliminary appraisal of provision of law, in accordance with this sub- of— the parcel; section and subject to paragraphs (2), (3), and ‘‘(i) the determination of the Secretary; and ‘‘(ii) shall provide, to the owners of the parcel, (4)— ‘‘(ii) the right of the owner to appeal the de- through publication or other appropriate ‘‘(A) an Indian tribe may apply to the Sec- termination. means— retary for the partition of a parcel of land that ‘‘(D) PARTITION WITH CONSENT OF QUALIFIED ‘‘(I) notice of the application of the Indian is— INDIAN TRIBE.—If the Secretary determines that tribe to partition the parcel; and ‘‘(i) located within the reservation of the In- a parcel of land may be partitioned in a manner ‘‘(II) access to the preliminary appraisal con- dian tribe; or that is fair and equitable to the owners of the ducted in accordance with clause (i); ‘‘(ii) otherwise under the jurisdiction of the parcel, and the Indian tribe meets the applicable ‘‘(iii) shall inform each owner of the parcel of Indian tribe; and ownership requirements under clause (i) or (ii) the right to submit to the Secretary comments ‘‘(B) the Secretary may commence a process of paragraph (2)(B), the Secretary shall— relating to the preliminary appraisal; for partitioning a parcel of land as provided for ‘‘(i) approve a plan of partition; ‘‘(iv) may, based on comments received under in paragraphs (2)(B) and (6)(B), if— ‘‘(ii) provide notice to the owners of the parcel clause (iii), modify the preliminary appraisal or ‘‘(i) an Indian tribe owns an undivided inter- of the determination of the Secretary; provide for the conduct of a new appraisal; and est in the parcel of land and such tribe consents ‘‘(iii) make a copy of the plan of partition ‘‘(v) shall— to the partition; available to each owner of the parcel; and ‘‘(I) issue a final appraisal for the parcel; ‘‘(ii)(I) the tribe referred to in clause (i) meets ‘‘(iv) inform each owner of the right to appeal ‘‘(II) provide to the owners of the parcel and the ownership requirement of clauses (i) or (ii) the determination of the Secretary to partition the appropriate Indian tribes access to the final of paragraph (2)(B); or the parcel in accordance with the plan. appraisal; and ‘‘(II) the Secretary determines that it is rea- ‘‘(E) PARTITION WITH CONSENT; IMPLIED CON- ‘‘(III) inform the Indian tribes of the right to sonable to believe that the partition would be in SENT.—If the Secretary determines that a parcel appeal the final appraisal. accordance with paragraph (2)(B)(iii); and may be partitioned in a manner that is fair and ‘‘(C) PURCHASE BY QUALIFIED INDIAN TRIBE.— ‘‘(iii) the tribe referred to in paragraph (3), if equitable to the owners of the parcel, but the In- If an eligible Indian tribe agrees to pay fair any, consents to the partition. dian tribe involved does not meet the applicable market value for a partitioned parcel, as deter- For purposes of this subsection, the term ownership requirements under clause (i) or (ii) mined by the final appraisal of the parcel issued ‘eligible Indian tribe’ means an Indian tribe de- of paragraph (2)(B), the Secretary shall— under subparagraph (B)(v)(I) (including any scribed in subparagraph (A) and (B)(i). ‘‘(i)(I) make a plan of partition available to appraisal issued by the Secretary after an ap- ‘‘(2) TRIBAL OWNERSHIP.—A parcel of land the owners of the parcel; and peal by the Indian tribe under subparagraph may be partitioned under this subsection if, ‘‘(II) inform the owners that the parcel will be (B)(v)(III)), and the Indian tribe meets the ap- with respect to the eligible Indian tribe in- partitioned in accordance with the plan if the plicable ownership requirements of clause (i) or volved— owners of 50 percent or more of undivided own- (ii) of paragraph (2)(B), the Secretary shall— ‘‘(A) the tribe owns an undivided interest in ership interest in the parcel either— ‘‘(i) provide to each owner of the parcel notice the parcel of land; and ‘‘(aa) consent to the partition; or of the decision of the Indian tribe; and ‘‘(B)(i) the tribe owns 50 percent or more of ‘‘(bb) do not object to the partition by such ‘‘(ii) inform the owners of the right to appeal the undivided interest in the parcel; deadline as may be established by the Secretary; the decision (including the right to appeal any ‘‘(ii) the tribe is the owner of the largest quan- ‘‘(ii) if the owners of 50 percent or more of un- final appraisal of the parcel referred to in sub- tity of undivided interest in the parcel; or divided ownership interest in the parcel consent paragraph (B)(v)(III)). ‘‘(iii) the owners of undivided interests equal to the partition or do not object by a deadline ‘‘(D) PARTITION WITH CONSENT; IMPLIED CON- to at least 50 percent of the undivided interests established by the Secretary under clause SENT.—

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‘‘(i) IN GENERAL.—If an eligible Indian tribe in the manner prescribed under subsection cies and procedures designed to accommodate agrees to pay fair market value for a partitioned (c)(2).’’; the voluntary sale of interests under the pilot parcel, as determined by the final appraisal of (B) in subsection (c)(1)— program (established by this Act) though the the parcel issued under subparagraph (B)(v)(I) (i) by striking ‘‘section 207(a)(6)(A)’’ and in- elimination of duplicate conveyance documents, (including any appraisal issued by the Secretary serting ‘‘sections 207(a)(2)(A)(ii), 207(a)(2)(C), administrative proceedings, and transactions, after an appeal by the Indian tribe under sub- and 207(a)(3)’’; and notwithstanding the existence of any otherwise paragraph (B)(v)(III)), but does not meet the (ii) by striking the last sentence and inserting applicable policy, procedure, or regulation’’; applicable ownership requirements of clause (i) ‘‘The Secretary shall transfer such payments to and or (ii) of paragraph (2)(B), the Secretary shall— any person or persons who would have received (C) in subsection (c)— ‘‘(I) provide notice to the owners of the undi- an interest in land if the interest had not been (i) in paragraph (1)(A), by striking vided interest in the parcel; and acquired by the tribe pursuant to this para- ‘‘landowner upon payment’’ and all that fol- ‘‘(II) inform the owners that the parcel will be graph.’’; and lows through the period and inserting the fol- partitioned by sale unless the partition is op- (C) in subsection (c)(2)— lowing: ‘‘landowner— posed by the owners of 50 percent or more of the (i) in subparagraph (A)— ‘‘(i) upon payment by the Indian landowner undivided ownership interest in the parcel. (I) by striking ‘‘(A) IN GENERAL.—Paragraph’’ of the amount paid for the interest by the Sec- retary; or ‘‘(ii) FAILURE TO OBJECT TO PARTITION.—If the and inserting the following: ‘‘(ii) if the Indian referred to in this subpara- owners of 50 percent or more of undivided own- ‘‘(A) NONAPPLICABILITY TO CERTAIN INTER- graph provides assurance that the purchase ership interest in or to a parcel consent to the ESTS.— price will be paid by pledging revenue from any partition or the parcel, or do not object to the ‘‘(i) IN GENERAL.—Paragraph’’; source, including trust resources, and the Sec- partition by such deadline as may be established (II) by striking ‘‘if, while’’ and inserting the following: ‘‘if— retary determines that the purchase price will be by the Secretary, the Secretary shall inform the paid in a timely and efficient manner.’’; owners of the parcel of the right to appeal the ‘‘(I) while’’; (III) by striking the period and inserting ‘‘; (ii) in paragraph (1)(B), by inserting ‘‘unless determination of the Secretary (including the re- the interest is subject to a foreclosure of a mort- or’’; and sults of the final appraisal issued under sub- gage pursuant to the Act of March 29, 1956 (25 paragraph (B)(v)(I)). (IV) by adding at the end the following: ‘‘(II) the interest is part of a family farm that U.S.C. 483a)’’ before the period; and ‘‘(iii) OBJECTION TO PARTITION.—If the owners (iii) in paragraph (3), by striking ‘‘10 percent is devised to a member of the decedent’s family of 50 percent or more of the undivided owner- of more of the undivided interests’’ and insert- if the devisee agrees that the Indian tribe that ship interest in a parcel object to the partition ing ‘‘an undivided interest’’; of the parcel— exercises jurisdiction over the land will have the (5) in section 214 (25 U.S.C. 2213), by striking ‘‘(I) the Secretary shall notify the Indian tribe opportunity to acquire the interest for fair mar- subsection (b) and inserting the following: of the objection; and ket value if the interest is offered for sale to an ‘‘(b) APPLICATION OF REVENUE FROM AC- ‘‘(II) the Indian tribe and the Secretary may entity that is not a member of the family of the QUIRED INTERESTS TO LAND CONSOLIDATION agree to increase the amount offered to pur- owner of the land. PILOT PROGRAM.— chase the undivided ownership interests in the ‘‘(ii) RECORDING OF INTEREST.—Upon the re- ‘‘(1) IN GENERAL.—The Secretary shall have a parcel. quest of an Indian tribe described in clause lien on any revenue accruing to an interest de- ‘‘(7) ENFORCEMENT.— (i)(II), a restriction relating to the acquisition scribed under subsection (a) until the Secretary ‘‘(A) IN GENERAL.—If, with respect to a parcel, by such tribe of an interest in the family farm provides for the removal of the lien under para- a partition in kind is approved under subpara- involved shall be recorded as part of the deed re- graph (3) or (4). graph (D) or (E) of paragraph (5), or a partition lating to the interest involved. ‘‘(2) REQUIREMENTS.—Until Secretary removes by sale is approved under paragraph (6)(C), and ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in the lien from an interest of land as provided for the owner of an interest in or to the parcel fails clause (i)(II) shall be construed to prevent or in paragraph (1)— or refuses to convey the interest to the Indian limit the ability of an owner of land to which ‘‘(A) any lease, resource sale contract, right- tribe, the Indian tribe or the United States that clause applies to mortgage the land or to of-way, or other document evidencing a trans- may— limit the right of the entity holding such a mort- action affecting the interest shall contain a ‘‘(i) bring a civil action in the United States gage to foreclose or otherwise enforce such a clause providing that all revenue derived from district court for the district in which the parcel mortgage agreement pursuant to applicable law. the interest shall be paid to the Secretary; ‘‘(B) any revenue derived from any interest is located; and ‘‘(iv) DEFINITION.—In this paragraph, the ‘‘(ii) request the court to issue an appropriate term ‘member of the decedent’s family’ means acquired by the Secretary pursuant to section order for the partition in kind, or partition by the decedent’s lineal descendant, a lineal de- 213 shall be paid into the fund created under sale to the Indian tribe, of the parcel. scendant of the grandparent of the decedent, section 216; and ‘‘(C) the Secretary may approve a transaction ‘‘(B) FEDERAL ROLE.—With respect to any the spouse of any such descendant, or the dece- covered under this section on behalf of a tribe civil action brought under subparagraph (A)— dent’s spouse.’’; and notwithstanding any other provision of law, in- ‘‘(i) the United States— (ii) in subparagraph (B), by striking cluding section 16 of the Act of June 18, 1934 ‘‘(I) shall receive notice of the civil action; ‘‘subparagraph (A)’’ and all that follows (commonly referred to as the Indian Reorga- and through ‘‘207(a)(6)(B)’’ and inserting nization Act, (25 U.S.C. 476)). ‘‘(II) may be a party to the civil action; and ‘‘paragraph (1)’’; and ‘‘(3) FINDINGS BY SECRETARY.—The Secretary ‘‘(ii) no civil action brought under this section (3) in section 207 (25 U.S.C. 2206)— (A) in subsection (c)— may remove a lien referred to in (1) if the Sec- shall be dismissed, and no relief requested shall retary makes a finding that— be denied, on the ground that the civil action is (i) by redesignating paragraph (3) as paragraph (4); and ‘‘(A) the costs of administering the interest against the United States or that the United will equal or exceed the projected revenues for States is an indispensable party.’’. (ii) by inserting after paragraph (2) the following: the parcel of land involved; SEC. 4. OTHER AMENDMENTS. ‘‘(B) in the discretion of the Secretary, it will ‘‘(3) ALIENATION OF JOINT TENANCY INTER- (a) OTHER AMENDMENTS.—The Indian Land take an unreasonable period of time for the par- ESTS.— Consolidation Act (25 U.S.C. 2201 et seq.) is ‘‘(A) IN GENERAL.—With respect to any inter- cel of land to generate revenue that equals the amended— est held as a joint tenancy pursuant to this sub- purchase price paid for the interest; or ‘‘(C) a subsequent decrease in the value of (1) in section 205(a) (25 U.S.C. 2204(a)), by section— land or commodities associated with the parcel striking ‘‘over 50 per centum of the undivided ‘‘(i) nothing in this subsection shall be con- of land make it likely that the interest will be interests’’ and inserting ‘‘undivided interests strued to alter the ability of the owner of such unable to generate revenue that equals the pur- equal to at least 50 percent of the undivided in- an interest to convey a life estate in the owner’s chase price paid for the interest in a reasonable terest’’; undivided joint tenancy interest; and (2) in section 206 (25 U.S.C. 2205)— ‘‘(ii) only the last remaining owner of such an time. ‘‘(4) REMOVAL OF LIEN.—Pursuant to the con- (A) in subsection (a), by striking paragraph interest may devise or convey more than a life sultations referred to in section 213(b)(3), the (3) and inserting the following: estate in such an interest. Secretary shall periodically remove the lien re- ‘‘(3) TRIBAL PROBATE CODES.—The Secretary ‘‘(B) APPLICATION OF PROVISION.—This para- ferred to in paragraph (1) from interests in land shall not approve a tribal probate code, or an graph shall not apply to any conveyance, sale, acquired by the Secretary.’’; amendment to such a code, that prevents the de- or transfer that is part of an agreement referred vise of an interest in trust or restricted land to— (6) in section 216 (25 U.S.C. 2215)— to in subsection (e) or to a co-owner of a joint (A) in subsection (a), strike paragraph (2) and ‘‘(A) an Indian lineal descendant of the origi- tenancy interest.’’; and nal allottee; or insert the following: (B) in subsection (g)(5), by striking ‘‘this sec- ‘‘(2) collect all revenues received from the ‘‘(B) to an Indian who is not a member of the tion’’ and inserting ‘‘subsections (a) and (b)’’; lease, permit, or sale of resources from interests tribe that exercises jurisdiction over such an in- (4) in section 213 (25 U.S.C. 2212)— acquired under section 213 or paid by Indian terest; (A) in subsection (a)(2), by striking ‘‘(A) IN landowners under section 213.’’; and unless the code provides for the renouncing of GENERAL.—’’ and all that follows through (B) in subsection (b)— interests (to eligible devisees pursuant to such a ‘‘subparagraph (A), the Secretary’’ and insert- (i) in paragraph (1)— code), the opportunity for a devisee who is the ing ‘‘The Secretary’’; (I) in the matter preceding subparagraph (A), testator’s spouse or lineal descendant to reserve (B) in subsection (b)(4), by inserting before the by striking ‘‘Subject to paragraph (2), all’’ and a life estate, and payment of fair market value period the following: ‘‘through the use of poli- inserting ‘‘All’’;

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00104 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.089 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11789 (II) in subparagraph (A), by striking ‘‘and’’ at ed by striking the second proviso and inserting time in public service. He made his the end; the following: ‘‘Provided, That the rules of in- money in printing, so he should be a (III) in subparagraph (B), by striking the pe- testate succession under the Indian Land Con- great Public Printer. I wish him and riod and inserting ‘‘; and’’; and solidation Act (25 U.S.C. 2201 et seq.) (including his family the best of luck as they (IV) by adding at the end the following: a tribal probate code approved under that Act or ‘‘(C) be used to acquire undivided interests on regulations promulgated under that Act) shall move to Washington. the reservation where the income was derived.’’; apply thereto after those patents have been exe- f and cuted and delivered:’’. LEGISLATIVE SESSION (ii) by striking paragraph (2) and inserting (e) TRANSFERS OF RESTRICTED INDIAN LAND.— the following: Section 4 of the Act of June 18, 1934 (25 U.S.C. The PRESIDING OFFICER. Under ‘‘(2) USE OF FUNDS.—The Secretary may uti- 464), is amended in the first proviso by striking the previous order, the Senate will now lize the revenue deposited in the Acquisition ‘‘, in accordance with’’ and all that follows return to legislative session. Fund under paragraph (1) to acquire some or all through the colon and inserting ‘‘in accordance f of the undivided interests in any parcels of land with the Indian Land Consolidation Act (25 pursuant to section 205.’’; U.S.C. 2201 et seq.) (including a tribal probate NATIONAL FLOOD INSURANCE (7) in section 217 (25 U.S.C. 2216)— code approved under that Act or regulations PROGRAM (A) in subsection (e)(3), by striking promulgated under that Act):’’. ‘‘prospective applicants for the leasing, use, or Mr. REID. Mr. President, I ask unan- SEC. 5. EFFECTIVE DATE. consolidation of’’ and insert ‘‘any person that is imous consent that the Senate proceed This amendment made by this Act shall not leasing, using or consolidating, or is applying to the consideration of S. 13, intro- apply to the estate of an individual who dies to, lease, use, or consolidate,’’; and prior to the later of— duced earlier today by Senator (B) by striking subsection (f) and inserting the (1) the date that is 1 year after the date of en- SARBANES. following: actment of this Act; or The PRESIDING OFFICER. The ‘‘(f) PURCHASE OF LAND BY TRIBE.— clerk will report the bill by title. ‘‘(1) IN GENERAL.—Before the Secretary ap- (2) the date specified in section 207(g)(5) of the proves an application to terminate the trust sta- Indian Land Consolidation Act (25 U.S.C. The legislative clerk read as follows: tus or remove the restrictions on alienation from 2206(g)(5)). A bill (S. 13) to extend authorization for a parcel of trust or restricted land, the Indian Mr. REID. Mr. President, I ask unan- the national flood insurance program. tribe that exercises jurisdiction over such a par- imous consent that the substitute There being no objection, the Senate cel shall have the opportunity to match any amendment be agreed to, the bill, as proceeded to consider the bill. offer contained in such application, or where amended, be read the third time and Mr. REID. Mr. President, I ask unan- there is no purchase price offered, to acquire the passed, the motion to reconsider be imous consent that the bill be read interest in such land by paying the fair market laid upon the table, with no inter- three times and passed; that the mo- value of such interest. vening action or debate, and that any ‘‘(2) EXCEPTION FOR FAMILY FARMS.—Para- tion to reconsider be laid upon the graph (1) shall not apply to a parcel of trust or statements relating to the bill be table; and that any statements relating restricted land that is part of a family farm that printed in the RECORD. to the bill be printed in the RECORD, is conveyed to a member of the landowner’s fam- The PRESIDING OFFICER. Without with no intervening action or debate. ily (as defined in section 206(c)(2)(A)(iv)) if the objection, it is so ordered. The PRESIDING OFFICER. Without tribe that exercises jurisdiction over the land is The committee amendment in the objection, it is so ordered. afforded the opportunity to purchase the inter- nature of a substitute was agreed to. The bill (S. 13) was read three times est if the interest is offered for sale to an entity The bill (S. 1340), as amended, was and passed, as follows: that is not a member of the family of the owner read the third time and passed. S. 13 of the land. Section 206(c)(2)(A) shall apply with respect to the recording and mortgaging of f Be it enacted by the Senate and House of Rep- the trust or restricted land referred to in the resentatives of the United States of America in preceding sentence.’’; and EXECUTIVE SESSION Congress assembled, (8) in section 219(b)(1)(A) (25 U.S.C. SECTION 1. AUTHORIZATION FOR THE NATIONAL 2219(b)(1)(A)), by striking ‘‘100’’ and inserting FLOOD INSURANCE PROGRAM. ‘‘90’’. NOMINATION DISCHARGED The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended— (b) DEFINITION.— Mr. REID. Mr. President, I ask unan- (1) IN GENERAL.—Section 202(2) of the Indian (1) in section 1309(a)(2) (42 U.S.C. 4016(a)(2)), Land Consolidation Act (25 U.S.C. 2201(2)) is imous consent that the Senate proceed by striking ‘‘December 31, 2002’’ and insert- amended— to executive session and that the Rules ing ‘‘December 31, 2003’’; (A) by striking ‘‘means any’’ and inserting the Committee be discharged from further (2) in section 1319 (42 U.S.C. 4026), by strik- following: ‘‘means— consideration of the following nomina- ing ‘‘December 31, 2002’’ and inserting ‘‘(A) any’’; tion and that the Senate then proceed ‘‘December 31, 2003’’; (B) by striking ‘‘or any person who has been to its consideration: Bruce James to be f found to meet’’ and inserting the following: ‘‘or Public Printer. Further, I ask unani- ‘‘(B) any person who meets’’; and NATIONAL RUNAWAY PREVENTION (C) by striking ‘‘if the Secretary’’ and all that mous consent that the nomination be MONTH confirmed; that the motion to recon- follows through the semicolon and inserting ‘‘, Mr. REID. Mr. President, I ask unan- sider be laid upon the table; that any except that the Secretary may promulgate regu- imous consent that the Judiciary Com- lations to exclude any definition if the Secretary statements relating to the nomination mittee be discharged from the consid- determines that the definition is not consistent be printed in the RECORD; that the eration of S. Res. 339, and that the Sen- with the purposes of this Act, or President be immediately notified of ate proceed to its immediate consider- ‘‘(C) with respect to the ownership, devise, or the Senate’s action; and that the Sen- descent of trust or restricted land in the State of ation. ate then return to legislative session. California, any person who meets the definition The PRESIDING OFFICER. The The PRESIDING OFFICER. Without of Indians of California as contained in section clerk will report the resolution by objection, it is so ordered. 1 of the Act of May 18, 1928 (25 U.S.C. 651), title. until otherwise provided by Congress pursuant The nomination considered and con- The legislative clerk read as follows: to section 809(b) of Public Law 94-437 (25 U.S.C. firmed is as follows: A resolution (S. Res. 339) designating No- 1679(b));’’. Bruce R. James, of Nevada, to be Public vember 2002 as ‘‘National Runaway Preven- (2) EFFECTIVE DATE.—Any exclusion referred Printer. tion Month.’’ to in the amendment made by paragraph (1)(C) shall apply only to those decedents who die Mr. REID. Mr. President, Bruce There being no objection, the Senate after the Secretary of the Interior promulgates James is from Nevada. He was in busi- proceeded to consider the resolution. the regulation providing for such exclusion. ness and was very successful. He re- Mr. REID. Mr. President, I ask unan- (c) MORTGAGES AND DEEDS OF TRUST.—The tired in Nevada after having been suc- imous consent that the resolution and Act of March 29, 1956 (25 U.S.C. 483a) is amend- cessful in business. He is a devout Re- preamble be agreed to en bloc; that the ed in the first sentence of subsection (a) by in- publican. In fact, he ran against me at motion to reconsider be laid upon the serting ‘‘(including land owned by any person one time in a primary, but he made the in passive trust status pursuant to section 207A table; and that any statements relating of the Indian Land Consolidation Act)’’ after mistake of having JOHN ENSIGN in the to the resolution be printed in the ‘‘land’’ the first place that such appears. primary. He is a fine man. I have been RECORD. (d) ISSUANCE OF PATENTS.—Section 5 of the to his home. He has a lovely wife. He The PRESIDING OFFICER. Without Act of February 8, 1887 (25 U.S.C. 348) is amend- really feels he wants to spend some objection, it is so ordered.

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.089 S20PT2 S11790 CONGRESSIONAL RECORD — SENATE November 20, 2002 The resolution (S. Res. 339) was Mr. REID. I ask unanimous consent Whereas the United States and Brazil have agreed to. that the resolution and preamble be entered into many agreements together, in- The preamble was agreed to. agreed to en bloc; the motions to re- cluding the Education Partnership Agree- The resolution, with its preamble, consider be laid upon the table en bloc, ment, the Technical Safeguards Agreement, the Common Agenda on the Environment, reads as follows: and any statements relating thereto be and agreements to cooperate in matters re- S. RES. 339 printed in the RECORD, with no inter- lating to energy, the international space sta- Whereas the prevalence of runaway and vening action or debate. tion, national parks, and government re- homeless youth in our Nation is staggering, The PRESIDING OFFICER. Without form; and with studies suggesting that between objection, it is so ordered. Whereas cooperation between the United 1,300,000 and 2,800,000 young people live on The resolution (S. Res. 365) was States and Brazil on several counter-nar- the streets of the United States each year; agreed to. cotics efforts, including the United States Whereas running away from home is wide- The preamble was agreed to. training of Brazilian counter-narcotics spread, with 1 out of every 7 children in the agents and Operation Cobra in northern United States running away before the age of The resolution (S. Res. 365), with its Brazil, has increased significantly in recent 18; preamble, reads as follows: years: Now, therefore, be it Whereas youth that end up on the streets S. RES. 365 Resolved, That the Senate— are often those who have been ‘‘thrown out’’ Whereas, in October 2002, the people of (1) congratulates the people of Brazil on of their homes by their families, who have Brazil completed peaceful, free, and fair elec- successfully completing peaceful, free, and been physically, sexually, and emotionally tions of a President and other officials of fair elections on October 6, 2002, and October abused at home, who have been discharged their country; 22, 2002; by State custodial systems without adequate Whereas Luiz Inacio ‘‘Lula’’ da Silva, can- (2) congratulates President-elect Luiz transition plans, who have lost their parents didate of Brazil’s Worker’s Party, was elect- Inacio ‘‘Lula’’ da Silva on his electoral vic- through death or divorce, and who are too ed President of Brazil on October 27, 2002, re- tory and welcomes him as a democratic part- poor to secure their own basic needs; ceiving 52,793,364 votes, representing 61.27 ner in the numerous bilateral and multilat- Whereas effective programs supporting percent of the votes cast; eral efforts to which the United States and runaway youth and assisting young people in Whereas Brazil utilized a new nationwide Brazil are parties; remaining at home with their families suc- computerized voting system, which enabled (3) endorses President Bush’s invitation of ceed because of partnerships created among the tallying of approximately 100,000,000 President-elect da Silva to Washington, Dis- families, community-based human service votes in less than 10 hours, including votes trict of Columbia, which will result in a agencies, law enforcement agencies, schools, cast in areas that are accessible only by boat meeting between the two leaders on Decem- faith-based organizations, and businesses; or plane; ber 10, 2002; Whereas preventing young people from Whereas Brazil has a population of (4) urges President Bush and President- running away and supporting youth in high- 174,500,000, making it the eighth most popu- elect da Silva to pursue policies on eco- risk situations is a family, community, and lous nation in the world and the most popu- nomic, security, drug enforcement, and other national responsibility; lous nation in Latin America; matters of mutual interest to Brazil and the Whereas the future well-being of the Na- Whereas Brazil’s diversified economy is the United States that will continue to strength- tion is dependent on the value placed on eighth largest in the world, and Brazil’s en the relationship between the people and young people and the opportunities provided gross domestic product, which was governments of the two countries; and for youth to acquire the knowledge, skills, $540,000,000,000 in 2001, is the largest in Latin (5) pledges the Senate’s continued support and abilities necessary to develop into safe, America; for a strong and friendly economic, political, healthy, and productive adults; Whereas Brazil plays a critical regional and cultural relationship between the United Whereas the National Network for Youth leadership role in Latin America within the States and Brazil based on shared values. and its members advocate on behalf of run- Organization of American States, the Inter- f away and homeless youth and provide an American Treaty of Reciprocal Assistance array of community-based support services (commonly known as the ‘‘Rio Treaty’’), the URGING ARAB GOVERNMENTS NOT that address the critical needs of such youth; Latin American Integration Association, and Whereas the National Runaway Switch- Mercosur/Mercosul (Southern Common Mar- TO CONTROL TELEVISION STA- board provides crisis intervention and refer- ket), and is one of the guarantors of the TIONS TO BROADCAST PRO- rals to reconnect runaway youth to their Peru-Ecuador peace process; GRAMS THAT LEND LEGITIMACY families and to link young people to local re- Whereas Brazil has been a member of the TO PROTOCOLS OF ELDERS OF sources that provide positive alternatives to United Nations Security Council four times, ZION running away; and most recently from 1998 through 2000, has Whereas the National Network for Youth contributed troops to several United Nations Mr. REID. Mr. President, I ask unan- and National Runaway Switchboard are co- peacekeeping missions, and is an active par- imous consent that the Senate proceed sponsoring National Runaway Prevention ticipant in international cooperation and to S. Res. 366 introduced earlier today Month to increase public awareness of the commerce as a party to numerous inter- by Senators NELSON of Florida and life circumstances of youth in high-risk situ- national treaties and conventions; SMITH of Oregon. ations and the need for safe, healthy, and Whereas the economic relationship be- The PRESIDING OFFICER. The productive alternatives, resources, and sup- tween Brazil and the United States is sub- ports for youth, families, and communities: clerk will report the resolution by stantial and growing, with United States di- title. Now, therefore, be it rect foreign investment increasing from less Resolved, That the Senate designates No- than $19,000,000,000 in 1994 to an estimated The legislative clerk read as follows: vember 2002, as ‘‘National Runaway Preven- $35,000,000,000 in 2000, United States exports A resolution (S. Res. 366) urging the Gov- tion Month’’. to Brazil increasing from $8,100,000,000 in 1994 ernment of Egypt and other Arab govern- f to $15,900,000,000 in 2001, and United States ments not to allow their government-con- imports from Brazil increasing from trolled television stations to broadcast any CONGRATULATING PEOPLE OF $8,700,000,000 in 1994 to $14,500,000,000 in 2001; program that lends legitimacy to the Proto- BRAZIL ON FREE AND FAIR Whereas Brazil will play a critical role in cols of the Elders of Zion, and for other pur- ELECTIONS the continuing negotiations related to the poses. Mr. REID. Mr. President, I ask unan- creation of a Free Trade Area of the Ameri- There being no objection, the Senate imous consent that the Senate proceed cans, which the United States and Brazil will proceeded to consider the resolution. co-chair during the next two years; Mr. REID. I ask unanimous consent to the consideration of S. Res. 365 sub- Whereas the United States and Brazil have mitted earlier today by Senators a long history of friendly relations beginning that the resolution and preamble be Chafee and Dodd. when the United States became the first agreed to en bloc; the motion to recon- The PRESIDING OFFICER. The country to recognize Brazil’s independence sider be laid upon the table, and that clerk will report the resolution by in 1822; any statements relating thereto be title. Whereas Brazil led the parties to the Inter- printed in the RECORD. The legislative clerk read as follows: American Treaty of Reciprocal Assistance in The PRESIDING OFFICER. Without stating on September 11, 2001, that the at- A resolution (S. Res. 365) congratulating objection, it is so ordered. tacks on the United States on that date were the people of Brazil on the completion of The resolution (S. Res. 366) was attacks on all American States; peaceful, free and fair elections in Brazil and Whereas there are an estimated 50,000 agreed to. the election of President da Silva. United States citizens residing in Brazil, and The preamble was agreed to. There being no objection, the Senate some 150,000 United States citizens visit The resolution (S. Res. 366), with its proceeded to consider the resolution. Brazil each year; preamble, reads as follows:

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.116 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11791 S. RES. 366 Russia cited it. Hitler used it. So did The PRESIDING OFFICER. The Whereas in November 2002, a number of Stalin. It has become a staple of anti- clerk will report the resolution by government-controlled television stations in Semitic propaganda. title. Egypt began broadcasting a multi-part se- The places these myths are most The legislative clerk read as follows: ries, ‘‘Horseman Without a Horse’’, based on likely to surface nowadays are in the A resolution (S. Res. 367) recognizing the the Protocols of the Elders of Zion and con- Arab world. With depressing regu- community services of the Archie Edwards spiracy myths about Jewish global domina- Blues Heritage Foundation, designating the tion; larity, we see Jews portrayed in the Arab media as bloodthirsty, conniving, fortnight beginning November 29, 2002, as the Whereas the Protocols of the Elders of ‘‘Blues Heritage Appreciation Fortnight’’, Zion are a notorious forgery, written by Rus- and manipulative. The editorial car- and designating Friday, November 29, 2002, sian anti-Semites in the early 20th century, toons of Jews that appear in Egyptian as ‘‘Blues Friday.’’ which purport to reveal a plot for Jewish newspapers alone would be shocking to There being no objection, the Senate domination of the world; nearly any American who saw them. Whereas the Protocols of the Elders of proceeded to consider the resolution. Now comes a television program Mr. REID. I ask unanimous consent Zion have been a staple of anti-Semitic and about Jewish plots to control the anti-Israel propaganda for decades and have that the resolution and the preamble long since been discredited by all reputable world, broadcast nationwide on Egyp- be agreed to, the motion to reconsider scholars; tian government-sponsored television be laid upon the table, and that any Whereas the broadcast of this series takes stations. It is likely the series will air statements relating thereto be printed place in the context of a sustained pattern of in other Arab countries as well. in the RECORD. vitriolic anti-Semitic commentary and de- Some would argue that this The PRESIDING OFFICER. Without pictions in the Egyptian government-spon- demonizations is an unavoidable objection, it is so ordered. sored press, which has gone unanswered by hyproduct of the Arab-Israeli conflict. The resolution (S. Res. 367) was the Government of Egypt; and But perpetrating anti-Semitic myths is agreed to. Whereas the Department of State has The preamble was agreed to. urged Egypt and other Arab states not to never acceptable. Arab governments broadcast this program, saying ‘‘We don’t can be expected to have their dif- The resolution (S. Res. 367), with its think government TV stations should be ferences with Israel, and to seek to re- preamble, reads as follows: broadcasting programs that we consider rac- solve those differences through nego- S. RES. 367 ist and untrue’’: Now, therefore, be it tiations. They can even be expected to Whereas Mr. Archie Edwards was a tal- Resolved, That the Senate— criticize Israeli policies. But the gratu- ented musician who devoted his life to play- (1) condemns any publication or program itous demonization of Jews serves on ing the blues and inspiring others to learn that lends legitimacy to the Protocols of the to incite popular sentiment against and appreciate music; Elders of Zion; Whereas Mr. Archie Edwards was a self- (2) believes the use of such heinous propa- Jewish people, and by extension, the taught musician whose music was acclaimed ganda, especially in the Arab world, serves State of Israel. Instead, these govern- throughout the United States, Canada, and to incite popular sentiment against Jewish ments should be seeking to promote re- Europe; people and the State of Israel rather than ligious tolerance, and to prepare their Whereas Mr. Archie Edwards, for 40 years, promoting religious tolerance and preparing populations for peace with Israel. provided a haven in the District of Columbia Arab populations for the prospect of peace Egypt is a friend and ally of the for all those who loved the blues to play, lis- with Israel; United States. It is a significant recipi- ten, and socialize; (3) commends the Department of State for ent of U.S. foreign assistance because Whereas the Archie Edwards Blues Herit- its denunciation of the ‘‘Horseman Without a age Foundation is a nonprofit organization Horse’’ television series and its efforts to dis- successive administrations of both par- dedicated to preserving Mr. Edwards’ mem- courage Arab states from broadcasting it; ties have found the alliance to serve ory and extending the positive influence of and our national interests. But we have a his music in the Washington, D.C. commu- (4) urges the Government of Egypt and right to expect better from our friends. nity; other Arab governments— We have a right to expect that they Whereas the Archie Edwards Blues Herit- (A) not to allow their government-con- will not intentionally promote false age Foundation is committed to carrying on trolled television stations to broadcast this and racist views that incite religious Mr. Edwards’ legacy by maintaining an open program or any other racist and untrue ma- intolerance. As the State Department forum for people in the community to meet, terial; and learn, and share the music he loved; (B) to speak out against such incitement spokesman, Richard Boucher, said re- Whereas the Archie Edwards Blues Herit- by vigorously and publicly condemning anti- cently, ‘‘We don’t think government age Foundation supports and expands com- Semitism as a form of bigotry. TV stations should be broadcasting munity outreach programs that provide en- Mr. NELSON of Florida. Mr. Presi- programs that we consider racist and tertainment and promote the blues to citi- dent, I rise to introduce a resolution untrue.’’ zens in nursing homes, schools, hospitals, dealing with a problem we are facing in Anti-Semitism is a form of racism, and other venues; and the Middle East—that of resurgent and we need to condemn it whenever it Whereas the Archie Edwards Blues Herit- anti-Semitism. I am joined by my occurs. The resolution I am offering age Foundation recognizes the importance friend and colleague from Oregon, Sen. that the blues has played in our country’s today with Sen. SMITH condemns any heritage and has preserved and promoted the SMITH, in offering this resolution. effort that lends legitimacy to the Pro- blues as a unique American art form: Now, Right now, throughout this month, a tocols of the Elders of Zion, supports therefore, be it multi-part series is being broadcast on the State Department’s criticism of Resolved, That the Senate— Egyptian state television entitled, the Egyptian television series (1) recognizes the community services of ‘‘Horseman Without a Horse.’’ This ‘‘Horseman Without a Horse’’, and the Archie Edwards Blues Heritage Founda- program is based on a notorious anti- urges the Government of Egypt and tion; Semitic document known as ‘‘The Pro- other Arab governments to refrain (2) recognizes the importance of blues in tocols of the Elders of Zion.’’ the history of American culture; from broadcasting racist and untrue (3) designates the fortnight beginning No- ‘‘The Protocols of the Elders of material, and to speak out against Zion,’’ written in the early 20th cen- vember 29, 2002, as the ‘‘Blues Heritage Ap- such incitement. preciation Fortnight’’; and tury by Russian anti-Semites, purports I look forward to working with my (4) designates Friday, November 29, 2002, as to be a record of secret meetings at colleagues to pass this import resolu- ‘‘Blues Friday’’. which Jewish leaders hatched a plan tion. f for global Jewish domination. All reputable scholars have discredited the f CALLING FOR EFFECTIVE MEAS- document, but it has proven tougher to URES TO END SEXUAL EXPLOI- stamp out than the most resilient ARCHIE EDWARDS BLUES TATION OF REFUGEES weed. HERITAGE FOUNDATION Mr. REID. Mr. President, I ask unan- Time and again, various anti-Semitic Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed leaders have used the Protocols of the imous consent that the Senate proceed to H. Con. Res. 349. Elders of Zion to justify outrageous to the consideration of S. Res. 367 in- The PRESIDING OFFICER. The acts of persecution against the Jewish troduced earlier today by Senators clerk will report the resolution by people. The perpetrators of pogroms in HATCH and BARKLEY. title.

VerDate 0ct 31 2002 02:37 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.119 S20PT2 S11792 CONGRESSIONAL RECORD — SENATE November 20, 2002 The legislative clerk read as follows: Whereas the economies of some of the Unfortunately, too many family A concurrent resolution (H. Con. Res. 349) poorest countries in the world, particularly farmers have been left in legal limbo in calling for effective measures to end sexual those in Africa, are highly dependent on bankruptcy courts across the country exploitation of refugees. trade in coffee; because Chapter 12 of the Bankruptcy Whereas coffee accounts for approximately There being no objection, the Senate 80 percent of export revenues for Burundi, 54 Code is still a temporary measure. This proceeded to consider the concurrent percent of export revenues for Ethiopia, 34 is the fifth time that this Congress resolution. percent of export revenues for Uganda, and must act to restore or extend basic Mr. REID. I ask unanimous consent 31 percent of export revenues for Rwanda; bankruptcy safeguards for family farm- that the concurrent resolution be Whereas, according to the Oxfam Inter- ers because Chapter 12 is still a tem- agreed to, the preamble be agreed to, national Report ‘Mugged: Poverty in your porary provision despite its first pas- Coffee Cup’, in the Dak Lak province of Viet- sage into law in 1986. Our family farm- the motion to reconsider be laid upon nam, one of the lowest-cost coffee producers the table, and that any statements re- in the world, the price farmers receive for ers do not deserve these lapses in bank- lating thereto be printed in the their product covers as little as 60 percent of ruptcy law that could mean the dif- RECORD. their costs of production; ference between foreclosure and farm- The PRESIDING OFFICER. Without Whereas on February 1, 2002, the Inter- ing. objection, it is so ordered. national Coffee Organization (ICO) passed In 2000 and 2001, for example, the Sen- The concurrent resolution (H. Con. Resolution 407, which calls on exporting ate, then controlled by the other party, Res. 349) was agreed to. member countries to observe minimum failed to take up a House-passed bill to standards for exportable coffee and to pro- The preamble was agreed to. retroactively renew Chapter 12 and, as vide for the issuance of ICO certificates of a result, family farmers lost Chapter 12 f origin according to those standards and also bankruptcy protection for 8 months. DECLINING WORLD COFFEE calls on importing member countries to ‘make their best endeavors to support the Another lapse of Chapter 12 lasted PRICES objectives of the programme’; more than 6 months in this Congress. Mr. REID. I ask consent that the Whereas both the Specialty Coffee Associa- Enough is enough. It is time for Con- Senate proceed to the consideration of tion of America (SCAA) and the National gress to make Chapter 12 a permanent S. Res. 368, introduced earlier today by Coffee Association (NCA) support ICO Reso- part of the Bankruptcy Code to provide lution 407 and have publicly advocated for Senators LEAHY, DODD, SPECTER, and a stable safety net for our nation’s the United States to rejoin the International FEINSTEIN. Coffee Organization; family farmers. The PRESIDING OFFICER. The Whereas the United States Agency for I strongly supported Senator clerk will report the resolution by International Development (USAID) has al- CARNAHAN’s bipartisan amendment to title. ready established coffee sector assistance make Chapter 12 a permanent part of The legislative clerk read as follows: programs for Colombia, Bolivia, the Domini- the Bankruptcy Code as part of the A resolution (S.R. 368) expressing the sense can Republic, East Timor, El Salvador, Ethi- Senate-passed farm bill. The Senate of the Senate concerning the decline of world opia, Guatemala, Haiti, Honduras, Nica- unanimously approved the Carnahan coffee prices and its impact on developing ragua, Panama, Peru, Rwanda, Tanzania, amendment by a 93–0 vote. Unfortu- nations. and Uganda; and Whereas House Report 107–663, highlights nately, the House majority objected to There being no objection, the Senate the coffee price crisis as a global issue and including the Carnahan amendment in proceeded to consider the bill. ‘urges USAID to focus its rural development the farm bill conference report and Mr. REID. I ask unanimous consent and relief programs on regions severely af- agreed to an extension of Chapter 12 that the resolution and preamble be fected by the coffee crisis, especially in Co- only through the end of this year. agreed to en bloc, the motion to recon- lombia’: Now, therefore, be it In the bipartisan bankruptcy reform sider be laid upon the table, and any Resolved, That— conference, we again tried to make (1) it is the sense of the Senate that— statements be printed in the RECORD. (A) the United States should adopt a global Chapter 12 permanent and update and The PRESIDING OFFICER. Without strategy to respond to the coffee crisis with expand its coverage. During our con- objection, it is so ordered. coordinated activities in Latin America, Af- ference negotiations, we adopted most The resolution (S. Res. 368) was rica, and Asia to address the short-term hu- of the Senate-passed provisions, includ- agreed to. manitarian needs and long-term rural devel- ing those authored by Senator The preamble was agreed to. opment needs of countries adversely affected GRASSLEY to make Chapter 12 perma- The resolution, with its preamble, is by the collapse of coffee prices; and nent and those authored by Senator (B) the President should explore measures as follows: FEINGOLD to strengthen Chapter 12 to to support and complement multilateral ef- S. RES. 368 forts to respond to the global coffee crisis; help our family farmers with the dif- Whereas since 1997 the price of coffee has and ficulties they face. Just last week, declined nearly 70 percent on the world mar- (2) the Senate urges private sector coffee however, the House majority again ket and has recently reached its lowest level buyers and roasters to work with the United scuttled our bipartisan efforts by fail- in a century; States Government to find a solution to the ing to pass the rule to consider the bi- Whereas the collapse of coffee prices has crisis which is economically, socially, and partisan conference report on the resulted in a widespread humanitarian crisis environmentally sustainable for all inter- Bankruptcy Abuse Prevention and Con- for 25,000,000 coffee growers and for more ested parties, and that will address the fun- than 50 developing countries where coffee is damental problem of oversupply in the world sumer Protection Act. a critical source of rural employment and coffee market. This week, Senator GRASSLEY and I introduced the family farmer provi- foreign exchange earnings; f Whereas, according to a recent World Bank sions in the bipartisan bankruptcy con- report, 600,000 permanent and temporary cof- PROTECTION OF FAMILY ference report in S. 3174, the fee workers in Central America have been FARMERS ACT OF 2002 ‘‘Protection of Family Farmers and left unemployed in the last two years; Mr. REID. I ask unanimous consent Family Fisherman Act of 2002.’’ Our bi- Whereas the World Bank has referred to that the Senate proceed to the consid- partisan bill makes Chapter 12 a per- the coffee crisis as ‘the silent Mitch’, equat- manent part of the Bankruptcy Code so ing the impact of record-low coffee prices eration of Calendar No. 628, H.R. 5472. upon Central American countries with the The PRESIDING OFFICER. The family farmer bankruptcy protection damage done to such countries by Hurricane clerk will report the bill by title. will no longer lapse and force farmers Mitch in 1998; The legislative clerk read as follows: into a legal limbo. Family farmers de- Whereas 6 of 14 immigrants who died in the A bill (H.R. 5472) to extend for 6 months serve these enhanced and permanent Arizona desert in may 2001 were small coffee the period for which chapter 12 title 11 of the protections to help them prevent fore- farmers from Veracruz, Mexico; United States Code is enacted. closures and forced auctions. I know Whereas The Washington Post, The New There being no objection, the Senate Senator GRASSLEY, Senator CARNAHAN, York Times, and The Wall Street Journal re- Senator FEINGOLD and others on both port that cultivation of illicit crops such as proceeded to consider the bill. coca and opium poppy is increasing in tradi- Mr. LEAHY. Mr. President, I am sides of the aisle strongly support per- tional coffee-growing countries, such as Co- pleased that the Senate is passing H.R. manent and expanded bankruptcy pro- lombia and Peru, which have been adversely 5472, to extend family farmer bank- tection for family farmers. I hope the affected by low international coffee prices; ruptcy protection until July 1, 2003. Senate and the House will quickly pass

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.120 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11793 our bipartisan bill in the next Con- The bill (H.R. 3180) was read the third The committee amendment in the gress. time and passed. nature of a substitute was withdrawn. In the meantime, I look forward to Mr. LEAHY. Mr. President. I am very The Senate proceeded to consider the President signing into law this leg- pleased that H.R. 3180, legislation to amendment No. 4980, in the nature of a islation to extend basic bankruptcy consent to certain amendments to the substitute. protection for our family farmers New Hampshire-Vermont Interstate (The text of the amendment is print- through the first six months of next School Compact, has been adopted by ed in today’s RECORD under ‘‘Text of year. the Senate. This legislation was passed Amendments.’’) Mr. REID. Mr. President, I ask unan- out of the Senate Judiciary Committee The amendment (No. 4981) to amend- imous consent that the bill be read the last week and I am pleased my col- ment No. 4980 was agreed to. third time and passed and the motion leagues have joined me in supporting (The text of the amendment is print- to reconsider be laid upon the table, its passage today. ed in today’s RECORD under ‘‘Text of with no intervening action or debate, There are a handful of Vermont com- Amendments.’’) and any statements be printed in the munities that share a school district The amendment (No. 4980), in the na- RECORD. with their neighbors across the border ture of a substitute as amended, was The PRESIDING OFFICER. Without in New Hampshire. Congress first ap- agreed to. objection, it is so ordered. proved of the New Hampshire-Vermont The bill (S. 2711), as amended, was The bill (H.R. 5472) was read the third Interstate School Compact in 1969 to read the third time and passed, as fol- time and passed. allow these interstate districts to be lows: put in place. H.R. 3180 amends the [The bill will be printed in a future f original Compact by providing these edition of the RECORD]. DESIGNATING RECEIPTS COL- interstate districts with local flexi- f LECTED FROM MINERAL LEAS- bility regarding how to conduct bond ING votes for their school construction FISHERIES CONSERVATION ACT OF 2002 Mr. REID. Mr. President, I ask unan- projects. Last year, residents of the Dresden imous consent that the Armed Services Mr. REID. I ask unanimous consent School District, one of two interstate Committee be discharged from further the Senate proceed to Calendar No. 753, school districts formed under this Com- consideration of H.R. 2187 and the Sen- H.R. 1989. pact, voted to change the way bond ate now proceed to the consideration of The PRESIDING OFFICER. The votes are conducted in their commu- the bill. clerk will report the bill by title. nities. The Vermont and New Hamp- The PRESIDING OFFICER. Without The legislative clerk read as follows: shire Legislatures approved these objection, it is so ordered. The clerk A bill (H.R. 1989) to reauthorize various changes, as did the U.S. House of Rep- will report the bill by title. fishing conservation management programs, resentatives when it passed H.R. 3180, The legislative clerk read as follows: and for other purposes. sponsored by Representative CHARLIE A bill (H.R. 2187) to amend title 10, United There being no objection, the Senate BASS of New Hampshire and my col- proceeded to consider the bill, which States Code, to make receipts collected from league from Vermont, Representative mineral leasing activities on certain naval had been reported from the Committee oil shale reserves available to cover environ- BERNIE SANDERS, after a 425 to 0 vote on Commerce, Science, and Transpor- mental restoration, waste management, and to suspend the rules. tation, with an amendment to strike environmental compliance costs incurred by This bill will allow local schools to all after the enacting clause and insert make local choices about the best way the United States with respect to the re- in lieu thereof the following: serves. to spend their dollars. While I regret [Strike the part shown in black that this simple piece of legislation There being no objection, the Senate brackets and insert the part shown in was not agreed to sooner, I applaud its proceeded to consider the bill. italic.] passage today. Mr. REID. I ask unanimous consent H.R. 1989 f that the bill be read the third time and Be it enacted by the Senate and House of Rep- passed, the motion to reconsider be INDIAN PROGRAMS REAUTHORIZA- resentatives of the United States of America in laid upon the table, and any state- TION AND TECHNICAL AMEND- Congress assembled, ments be printed in the RECORD. MENT øSECTION 1. SHORT TITLE. The PRESIDING OFFICER. Without ø Mr. REID. Mr. President, I ask unan- This Act may be cited as the ‘‘Fisheries objection, it is so ordered. Conservation Act of 2001’’. imous consent the Senate proceed to The bill (H.R. 2187) was read the third ø Calendar No. 556, S. 2711. TITLE I—INTERJURISDICTIONAL time and passed. The PRESIDING OFFICER. The FISHERIES ACT OF 1986 f clerk will report the bill by title. øSEC. 101. REAUTHORIZATION OF INTERJURIS- The legislative clerk read as follows: DICTIONAL FISHERIES ACT OF 1986. CONSENTING TO CERTAIN AMEND- øSection 308 of the Interjurisdictional A bill (S. 2711) to reauthorize and improve MENTS TO THE NEW HAMP- Fisheries Act of 1986 (16 U.S.C. 4107) is programs relating to Native Americans. SHIRE-VERMONT INTERSTATE amended— SCHOOL COMPACT There being no objection, the Senate ø(1) by amending subsection (a) to read as proceeded to consider the bill which follows: Mr. REID. I ask unanimous consent had been reported from the Committee ø‘‘(a) GENERAL APPROPRIATIONS.—There are that the Senate proceed to the consid- on Indian Affairs, with an amendment authorized to be appropriated to the Depart- eration of Calendar No. 760, H.R. 3180. to strike all after the enacting clause. ment of Commerce for apportionment to The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- carry out the purposes of this title— ø clerk will report the bill by title. imous consent the committee sub- ‘‘(1) $4,900,000 for fiscal year 2002; The legislative clerk read as follows: ø‘‘(2) $5,400,000 for each of fiscal years 2003 stitute amendment be withdrawn and a and 2004; and A bill (H.R. 3180) to consent to certain substitute amendment by Senator ø‘‘(3) $5,900,000 for each of fiscal years 2005 amendments to the New Hampshire-Vermont INOUYE at the desk be considered, the and 2006.’’; and Interstate School Compact. Inouye amendment to the Inouye sub- ø(2) in subsection (c) by striking ‘‘$700,000 There being no objection, the Senate stitute amendment be considered and for fiscal year 1997, and $750,000 for each of proceeded to consider the bill. agreed to, the Inouye substitute the fiscal years 1998, 1999, and 2000’’ and in- Mr. REID. Mr. President, I ask unan- amendment, as amended, be agreed to, serting ‘‘$800,000 for fiscal year 2002, $850,000 imous consent that the bill be read the the bill, as amended, be read a third for each of fiscal years 2003 and 2004, and $900,000 for each of fiscal years 2005 and 2006’’. third time and passed, the motion to time and passed, and the motion to re- ø reconsider be laid upon the table, and SEC. 102. PURPOSES OF THE INTERJURISDIC- consider be laid on the table, all with TIONAL FISHERIES ACT OF 1986. any statements be printed in the no intervening action or debate, and øSection 302 of the Interjurisdictional RECORD. any statements be printed. Fisheries Act of 1986 (16 U.S.C. 4101) is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amended by striking ‘‘and’’ after the semi- objection, it is so ordered. objection, it is so ordered. colon at the end of paragraph (1), striking

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.123 S20PT2 S11794 CONGRESSIONAL RECORD — SENATE November 20, 2002 the period at the end of paragraph (2) and in- implementation, and enforcement of effec- SECTION 1. SHORT TITLE. serting ‘‘; and’’, and adding at the end the tive interstate conservation and manage- This Act may be cited as the ‘‘Fisheries Con- following: ment of Atlantic coastal fishery resources servation Act of 2002’’. ø‘‘(3) to promote and encourage research in through the use of sound science and multi- TITLE I—INTERJURISDICTIONAL preparation for the implementation of the species, adaptive, and ecosystem-based man- FISHERIES ACT OF 1986 use of ecosystems and interspecies ap- agement measures.’’. ø SEC. 101. REAUTHORIZATION OF INTERJURISDIC- proaches to the conservation and manage- (c) STATE-FEDERAL COOPERATION IN TIONAL FISHERIES ACT OF 1986. ment of interjurisdictional fishery resources MULTISPECIES AND ECOSYSTEMS INTERACTION Section 308 of the Interjurisdictional Fisheries throughout their range.’’. RESEARCH.—Section 804(a) of such Act (16 Act of 1986 (16 U.S.C. 4107) is amended— ø U.S.C. 5103(a)) is amended by inserting (1) by amending subsection (a) to read as fol- TITLE II—ANADROMOUS FISH ‘‘multispecies and ecosystems interaction re- CONSERVATION ACT lows: search;’’ after ‘‘biological and socioeconomic ‘‘(a) GENERAL APPROPRIATIONS.—There are øSEC. 201. REAUTHORIZATION OF ANADROMOUS research;’’. authorized to be appropriated to the Department FISH CONSERVATION ACT. ø(d) ASSISTANCE FOR RESEARCH REGARDING of Commerce for apportionment to carry out the ø Section 4 of the Anadromous Fish Con- INTERRELATIONSHIPS AMONG ATLANTIC COAST- purposes of this title— servation Act (16 U.S.C. 757d) is amended to AL FISHERY RESOURCES AND THEIR ECO- ‘‘(1) $4,900,000 for fiscal year 2002; read as follows: SYSTEMS.—Section 808 of such Act (16 U.S.C. ‘‘(2) $5,400,000 for each of fiscal years 2003 ø‘‘AUTHORIZATION OF APPROPRIATIONS 5107) is amended by striking ‘‘and’’ after the and 2004; and semicolon at the end of paragraph (1), redes- ‘‘(3) $5,900,000 for each of fiscal years 2005 ø‘‘SEC. 4. (a)(1) There are authorized to be ignating paragraph (2) as paragraph (3), and and 2006.’’; and appropriated to carry out the purposes of inserting after paragraph (1) the following: (2) in subsection (c) by striking ‘‘$700,000 for this Act not to exceed the following sums: ø‘‘(2) research to understand the inter- fiscal year 1997, and $750,000 for each of the fis- ø ‘‘(A) $4,500,000 for fiscal year 2002; relationships among Atlantic coastal fishery cal years 1998, 1999, and 2000’’ and inserting ø ‘‘(B) $4,750,000 for each of fiscal years 2003 resources and their ecosystems; and’’. ‘‘$800,000 for fiscal year 2002, $850,000 for each and 2004; and ø of fiscal years 2003 and 2004, and $900,000 for ø‘‘(C) $5,000,000 for each of fiscal years 2005 TITLE IV—ATLANTIC TUNAS CONVENTION ACT OF 1975 each of fiscal years 2005 and 2006’’. and 2006. ø øSEC. 401. REAUTHORIZATION OF THE ATLANTIC SEC. 102. PURPOSES OF THE INTERJURISDIC- ‘‘(2) Sums appropriated under this sub- TIONAL FISHERIES ACT OF 1986. section are authorized to remain available TUNAS CONVENTION ACT OF 1975. øSection 10 of the Atlantic Tunas Conven- Section 302 of the Interjurisdictional Fisheries until expended. tion Act of 1975 (16 U.S.C. 971h) is amended to Act of 1986 (16 U.S.C. 4101) is amended— ø‘‘(b) Not more than $625,000 of the funds read as follows: (1) by striking ‘‘and’’ after the semicolon at appropriated under this section in any one ø the end of paragraph (1); fiscal year shall be obligated in any one ‘‘AUTHORIZATION OF APPROPRIATIONS (2) by striking ‘‘range.’’ in paragraph (2) and State.’’. ø‘‘SEC. 10. (a) IN GENERAL.—There are au- inserting ‘‘range; and’’; and øSEC. 202. RESEARCH ON AND USE OF ECO- thorized to be appropriated to carry out this (3) adding at the end the following: SYSTEMS AND INTERSPECIES AP- Act, including use for payment of the United ‘‘(3) to promote and encourage research in PROACHES TO THE CONSERVATION States share of the joint expenses of the preparation for the implementation of the use of AND MANAGEMENT. Commission as provided in Article X of the ecosystems and interspecies approaches to the øThe first section of the Anadromous Fish Convention, the following sums: conservation and management of interjurisdic- Conservation Act (16 U.S.C. 757a) is amended ø‘‘(1) For each of fiscal years 2002, 2003, and tional fishery resources throughout their in subsection (b) by inserting ‘‘(1)’’ after 2004, $5,480,000. range.’’. ø ‘‘(b)’’, and by adding at the end the fol- ‘‘(2) For each of fiscal years 2005 and 2006, TITLE II—ANADROMOUS FISH lowing: $5,495,000. CONSERVATION ACT ø‘‘(2) In carrying out responsibilities under ø‘‘(b) ALLOCATION.—Of amounts available under this section for each fiscal year— SEC. 201. REAUTHORIZATION OF ANADROMOUS this section, the Secretary shall conduct, FISH CONSERVATION ACT. ø‘‘(1) $150,000 are authorized for the advi- promote, and encourage research in prepara- Section 4 of the Anadromous Fish Conserva- sory committee established under section 4 tion for the implementation of the use of tion Act (16 U.S.C. 757d) is amended to read as and the species working groups established ecosystems and interspecies approaches to follows: the conservation and management of anad- under section 4A; and ø ‘‘AUTHORIZATION OF APPROPRIATIONS romous and Great Lakes fishery resources.’’. ‘‘(2) $4,240,000 are authorized for research activities under this Act and the Act of Sep- ‘‘SEC. 4. (a)(1) There are authorized to be ap- ø TITLE III—ATLANTIC COASTAL tember 4, 1980 (16 U.S.C. 971i).’’. propriated to carry out the purposes of this Act FISHERIES not to exceed the following sums: øTITLE V—NORTHWEST ATLANTIC ø ‘‘(A) $4,500,000 for fiscal year 2002; SEC. 301. REAUTHORIZATION OF ATLANTIC FISHERIES CONVENTION ACT OF 1995 ‘‘(B) $4,750,000 for each of fiscal years 2003 STRIPED BASS CONSERVATION ACT. ø ø SEC. 501. REAUTHORIZATION OF THE NORTH- and 2004; and Section 7(a) of the Atlantic Striped Bass WEST ATLANTIC FISHERIES CON- ‘‘(C) $5,000,000 for each of fiscal years 2005 Conservation Act (16 U.S.C. 1851 note) is VENTION ACT OF 1995. and 2006. amended by striking ‘‘and 2003’’ and insert- øSection 211 of the Northwest Atlantic ‘‘(2) Sums appropriated under this subsection ing ‘‘2003, 2004, 2005, and 2006’’. Fisheries Convention Act of 1995 (16 U.S.C. are authorized to remain available until ex- øSEC. 302. REAUTHORIZATION OF ATLANTIC 5610) is amended by striking ‘‘2001’’ and in- pended. COASTAL FISHERIES COOPERATIVE serting ‘‘2006’’. ‘‘(b) Not more than $625,000 of the funds ap- MANAGEMENT ACT. øTITLE VI—EXTENSION OF DEADLINE FOR propriated under this section in any one fiscal øSection 811(a) of the Atlantic Coastal SUBMISSION OF OCEAN POLICY REPORT year shall be obligated in any one State.’’. Fisheries Cooperative Management Act (16 øSEC. 601. EXTENSION OF DEADLINE. SEC. 202. RESEARCH ON AND USE OF ECO- U.S.C. 5108) is amended by striking ‘‘2005’’ ø(a) EXTENSION OF DEADLINE.—The Oceans SYSTEMS AND INTERSPECIES AP- and inserting ‘‘2006’’. Act of 2000 (Public Law 106–256) is amended— PROACHES TO THE CONSERVATION øSEC. 303. AMENDMENTS TO ATLANTIC COASTAL ø(1) in section 3(f)(1) (114 Stat. 647) by AND MANAGEMENT. The first section of the Anadromous Fish Con- FISHERIES COOPERATIVE MANAGE- striking ‘‘18 months’’ and inserting ‘‘27 servation Act (16 U.S.C. 757a) is amended in MENT ACT. months’’; subsection (b) by inserting ‘‘(1)’’ after ‘‘(b)’’, ø(a) FINDINGS.—Section 802(a) of the Atlan- ø(2) in section 3(i) (114 Stat. 648) by strik- and by adding at the end the following: tic Coastal Fisheries Cooperative Manage- ing ‘‘30 days’’ and inserting ‘‘90 days’’; and ‘‘(2) In carrying out responsibilities under this ment Act (16 U.S.C. 5101(a)) is amended by ø(3) in section 4(a) (114 Stat. 648; 33 U.S.C. section, the Secretary shall conduct, promote, adding at the end the following: 857–19 note) by striking ‘‘120 days’’ and in- and encourage research in preparation for the ø‘‘(7) The understanding of the interactions serting ‘‘90 days’’. implementation of the use of ecosystems and of species in the maritime environment and ø(b) AUTHORIZATION OF APPROPRIATIONS.— the development of ecosystems-based ap- Section 3(j) of such Act (114 Stat. 648) is interspecies approaches to the conservation and proaches to fishery conservation and man- amended by striking ‘‘$6,000,000’’ and insert- management of anadromous and Great Lakes agement lead to better stewardship and sus- ing ‘‘$8,500,000’’. fishery resources.’’. tainability of coastal fishery resources. ø(c) TECHNICAL CORRECTIONS.—Section 3(e) TITLE III—ATLANTIC TUNAS CONVENTION ø‘‘(8) Federal and State scientists should of such Act (114 Stat. 646) is amended— ACT OF 1975 gather information on the interaction of spe- ø(1) in paragraph (1) by striking the colon SEC. 301. REAUTHORIZATION OF THE ATLANTIC cies in the marine environment and provide in the third sentence and inserting a period; TUNAS CONVENTION ACT OF 1975. this scientific information to Federal and ø(2) by inserting immediately after such Section 10 of the Atlantic Tunas Convention State managers.’’. period the following: Act of 1975 (16 U.S.C. 971h) is amended to read ø(b) PURPOSE.—Section 802(b) of such Act ø‘‘(2) NOTICE; MINUTES; PUBLIC AVAIL- as follows: (16 U.S.C. 5101(b)) is amended to read as fol- ABILITY OF DOCUMENTS.—’’; and ‘‘AUTHORIZATION OF APPROPRIATIONS lows: ø(3) by redesignating the subsequent para- ‘‘SEC. 10. (a) IN GENERAL.—There are author- ø‘‘(b) PURPOSE.—The purpose of this title is graphs in order as paragraphs (3) and (4), re- ized to be appropriated to carry out this Act, in- to support and encourage the development, spectively.¿ cluding use for payment of the United States

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00110 Fmt 4637 Sfmt 6333 E:\CR\FM\A20NO6.131 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11795 share of the joint expenses of the Commission as charged with implementing the Act, stock or stocks in question are man- provided in Article X of the Convention, the fol- has the discretion to provide flexibility aged under an international agreement lowing sums: in a rebuilding plan or timeline when to which the U.S. is a party, and any ‘‘(1) For each of fiscal years 2002, 2003, and the biomass target for a fish species or management measures or recommenda- 2004, $5,480,000. ‘‘(2) For each of fiscal years 2005 and 2006, stock is substantially increased. The tions approved pursuant to such an $5,495,000. flexibility confirmed in Section 604 of agreement contain a rebuilding sched- ‘‘(b) ALLOCATION.—Of amounts available H.R. 1989 clarifies the Secretary’s dis- ule longer than 10 years. In such cir- under this section for each fiscal year— cretion contained in the Act and does cumstances, the rebuilding schedule ‘‘(1) $150,000 are authorized for the advisory not limit or otherwise constrain addi- developed under Section 304(e)(4), as committee established under section 4 and the tional areas for flexibility in rebuilding well as other management provisions species working groups established under sec- contained within the Act. under the Magnuson-Stevens Act, must tion 4A; and This section clarifies the flexibility be consistent with the rebuilding ‘‘(2) $4,240,000 are authorized for research ac- schedule and associated management tivities under this Act and the Act of September that Congress provided the Secretary 4, 1980 (16 U.S.C. 971i).’’. in the Sustainable Fisheries Act of measures and recommendations under 1996. This flexibility is necessary due to the international agreement. TITLE IV—NORTHWEST ATLANTIC In drafting section 304(e)(4)(A), Con- FISHERIES CONVENTION ACT OF 1995 the unanticipated event of biomass targets being substantially increased dur- gress wanted to ensure that U.S. har- SEC. 401. REAUTHORIZATION OF THE NORTH- WEST ATLANTIC FISHERIES CONVEN- ing a rebuilding period. Schedules for vesters of species managed under an TION ACT OF 1995. ending overfishing and rebuilding over- international regime were not saddled Section 211 of the Northwest Atlantic Fish- fished fisheries are required by the Sus- with a disproportionate conservation eries Convention Act of 1995 (16 U.S.C. 5610) is tainable Fisheries Act and must be burden and not placed at a competitive amended by striking ‘‘2001’’ and inserting specified. The Sustainable Fisheries disadvantage compared to their coun- ‘‘2006’’. Act does, however, provide the Coun- terparts from other countries that are TITLE V—EXTENSION OF DEADLINE FOR cils and the Secretary with a signifi- parties to the regime. SUBMISSION OF OCEAN POLICY REPORT cant degree of flexibility in deter- Mr. REID. Mr. President, it is my un- SEC. 501. EXTENSION OF DEADLINE. mining time frames for ending over- derstanding Senators KERRY and (a) EXTENSION OF DEADLINE.—The Oceans Act fishing and rebuilding depleted fish- HOLLINGS have two amendments at the of 2000 (Public Law 106–256) is amended— eries. desk. I ask it be in order to consider (1) in section 3(i) (114 Stat. 648) by striking the amendments en bloc; the amend- ‘‘30 days’’ and inserting ‘‘90 days’’; and For instance, the requirement that schedules for ending overfishing and re- ments be agreed to en bloc; the mo- (2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857– tions to reconsider be laid on the table 19 note) by striking ‘‘120 days’’ and inserting building fisheries be ‘‘as short as pos- ‘‘90 days’’. sible’’ and the conditional 10-year re- en bloc; the committee-reported sub- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- building period deadline provide valu- stitute amendment, as amended, be tion 3(j) of such Act (114 Stat. 648) is amended able standards to help guide the coun- agreed to; the motion to reconsider be by striking ‘‘$6,000,000’’ and inserting cils in the development of plans to end laid on the table; the bill as amended, ‘‘$8,500,000’’. overfishing and rebuild fisheries. In be read three times, passed, the motion (c) TECHNICAL CORRECTIONS.—Section 3(e) of to reconsider be laid on the table; and such Act (114 Stat. 646) is amended— drafting this provision, however, Con- gress clearly understood that fisheries consideration of these amendments ap- (1) by striking ‘‘it:’’ in paragraph (1) and in- pear separately in the RECORD and any serting ‘‘it.’’; are not managed in a vacuum and that statements be printed in the RECORD, (2) by inserting immediately after such period rebuilding schedules should be based with no intervening action or debate. the following: not only on the biological and ecologi- The PRESIDING OFFICER. Without ‘‘(2) NOTICE; MINUTES; PUBLIC AVAILABILITY cal conditions of the fishery, but also OF DOCUMENTS.—’’; and objection, it is so ordered. on the needs of fishing communities as The amendment (No. 4982) was agreed (3) by redesignating paragraphs (2) and (3) as well as any international management paragraphs (3) and (4), respectively. to, as follows: measures that may apply. The relative AMENDMENT NO. 4982 Ms. SNOWE. Mr. President, I am weight of a particular factor would de- pleased that today the Senate is con- (Purpose: To provide authority for the pend on the circumstances facing a acceptance of voluntary services) sidering passage of H.R. 1989 and urge fishery and would be determined by the my colleagues to join me in supporting At the appropriate place, add the fol- councils, but the biology and life his- lowing: this bill. tory characteristics of a species will al- SEC. l. AUTHORITY TO ACCEPT VOLUNTEER The Magnuson-Stevens Fishery Con- ways be very important in determining SERVICES. servation and Management Act, 16 the ultimate rebuilding schedule. Section 303 (33 U.S.C. 892a), is amended by U.S.C. 1801 et seq., the ‘‘Act’’, and the Properly construed, the Sustainable adding at the end the following: National Standards Guidelines devel- Fisheries Act rebuilding provisions per- ‘‘(d) AUTHORITY TO ACCEPT VOLUNTEER oped and implemented by the Sec- SERVICES.—To help fulfill the duties of the mit the councils to set a longer re- Administrator, including authorities under retary of Commerce set forth specific building schedule in cases where the the Act of 1947 (33 U.S.C. 883a et seq.), this standards for establishing, amending, stock or stocks at issue grow relatively Act, or in response to a maritime emergency, and re-setting fishery rebuilding plans slowly, and/or the size of the stock is the Administrator may— and timelines developed under that sufficiently small that even under con- ‘‘(1) establish a volunteer program; Act’s rebuilding provisions, codified in, ditions of moderate or no fishing mor- ‘‘(2) enter into special agreements with among other provisions, 16 U.S.C. qualified organizations to assist in the im- tality, rebuilding will necessarily take plementation of a volunteer program; and 1854(e). New information and scientific a significantly longer period of time. ‘‘(3) provide funding under the special analyses become available through In the case of a slower-growing spe- agreement to the qualified organization for time, and there can be a need to amend cies, the Sustainable Fisheries Act pro- the purposes of assisting in the administra- and adjust rebuilding plans and visions allow a council to establish a tion of the volunteer programs and for pro- timelines based on such new informa- rebuilding schedule longer than 10 curing and maintaining insurance or other tion and analyses. In certain instances, years to accommodate the life history coverage for the organization and its mem- such information and analyses indi- bers when conducting volunteer activities. characteristics, including growth rates, ‘‘(e) LEGAL STATUS OF VOLUNTEERS.—Para- cating that biomass rebuilding targets of the species. The term ‘‘biology of the graphs (1) through (5) of section 7(c) of the can and should be substantially in- stock of fish’’ was included in section Fish and Wildlife Act of 1956 (16 U.S.C. creased. These increases in biomass 304(e)(4)(A)(ii) so that councils would 742f(c)) shall apply to volunteers providing targets, especially in the midst of an have the ability to devise individual re- services to the Administrator under sub- on-going rebuilding plan, may, in ap- building schedules in harmony with the section (c) of this section, except that any propriate circumstances, require flexi- biological parameters of a fish popu- reference in that section to the Secretary of bility to ensure that the rebuilding the Interior or the Secretary of Commerce lation’s growth capacity. shall be deemed to refer to the Adminis- program accomplishes the full range of Section 304(e)(4)(A)(ii) also enables trator. the Act’s goals and national standards. the Councils to establish rebuilding ‘‘(f) QUALIFIED ORGANIZATION.—In this sec- The Secretary of Commerce, who is schedules longer than 10 years if the tion, the term ‘qualified organization’ means

VerDate 0ct 31 2002 02:58 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.131 S20PT2 S11796 CONGRESSIONAL RECORD — SENATE November 20, 2002 a non-governmental, not-for-profit organiza- under existing law the Secretary of that scientists and fishermen can en- tion, determined by the Administrator to Commerce may extend rebuilding be- gage in productive dialogue on fishery have demonstrated expertise in boating safe- yond 10 years if the rebuilding target management. This is essential to de- ty and a commitment to improving the qual- we are working towards increases by ity of hydrographic services and related veloping cooperative plans to achieving oceanographic and meteorological informa- 100 percent or more over the original a common goal: sustainable fisheries tion that is made available to mariners.’’. target set by the Secretary at the start for our communities. Mr. KERRY. Mr. President, I rise this of the rebuilding plan. The extension The amendment (No. 4983) was agreed evening as Chairman of the Oceans, At- should only be granted as long as the to. mosphere and Fisheries Subcommittee fishery meets or exceeds the original (The text of the amendment is print- to offer a few remarks concerning H.R. target and if the Secretary certifies ed in today’s RECORD under ‘‘Text of 1989, to which I am offering a Senate that the overfishing requirements of Amendments.’’) The committee amendment in the amendment, along with the ranking the Act are met and that rebuilding nature of a substitute, as amended, was member of the Subcommittee Ms. will continue to occur. We are not endorsing any backsliding agreed to. SNOWE. The bill (H.R. 1989), as amended, was The Senate amendment includes a on conservation, nor encouraging over- read the third time and passed. number of provisions that will help fishing, but trying to deal with pri- Mr. REID. Mr. President, I yield to fishermen around this country. Our marily a logistical problem: a mid- my friend, the junior Senator from Illi- amendment contains two important course increase in the targets based on nois, Mr. FITZGERALD. provisions that will help identify and new scientific information. Recently the National Marine Fisheries Service The PRESIDING OFFICER. The Sen- address overcapacity in our fisheries. ator from Illinois. The first is a report from the Secretary re-analysis of biological reference points resulted in more than doubling Mr. FITZGERALD. Mr. President, I of Commerce identifying the top 20 ask unanimous consent to make a fisheries in the United States with ex- our rebuilding targets on several species in the Northeast multispecies fish- statement on the passage of the Holo- cess capacity. In order to restore and caust Restitution and Tax Fairness Act maintain sustainable fisheries, we need ery during year 3 of a 10-year rebuilding plan. This development generated of 2002. to ensure we understand and develop a Mr. REID. How long is that state- plan to address overcapacity that may confusion in the region, but we believe there is a simple response. Under the ment going to take? be undermining our efforts to rebuild Mr. FITZGERALD. I think it is just law, we believe the Secretary of Com- our stocks. By ranking the fisheries a page and a half. with the most serious capacity prob- merce has the authority to provide a Mr. REID. I think you can have that. lems, we can target resources at reduc- biologically-based and reasonable time Mr. FITZGERALD. I appreciate the ing capacity in these fisheries and extension for these stocks, provided it accommodation of my great friend allow some fishermen to retire with is as short as possible, rebuilding con- from the State of Nevada. dignity. tinues, overfishing does not occur, and The PRESIDING OFFICER. Without This amendment also includes a pro- the original targets are met. This is objection, it is so ordered. The Senator vision that would require the Secretary only a commonsense response to this will proceed. of Commerce in coordination with the situation—a transition rule, if you f New England Fisheries Management will. A substantial change in biomass Council to provide technical assistance targets in the middle of a rebuilding HOLOCAUST RESTITUTION TAX and use all tools at his disposal—in- plan was never envisioned when NMFS FAIRNESS ACT OF 2002 cluding the Coastal Zone Management wrote the implementing regulations, Mr. FITZGERALD. Mr. President, Act planning procedures—to help in- but such a response would be con- this year we mark the 57th anniversary dustry develop a capacity reduction sistent with the Act. of the end of the Holocaust. There are program for New England groundfish. This amendment also contains a pro- as many as 10,000 survivors of the Holo- Funding has already been provided for vision that would aid in implementing caust in my home State of Illinois, and such an industry-funded buyout, but the industry-funded buyout in the West over 100,000 in the entire United States, now our industry must consider what Coast groundfish fishery which Con- with an average age of over 80. kind of plan makes sense for our fish- gress authorized last year. I know that Last year, Congress passed legisla- ing communities. We simply have too my colleagues from Oregon, Wash- tion I introduced exempting restitution many fishermen chasing too few fish in ington and California care very much paid to Holocaust victims and their New England. I know the entire New about this provision. I am happy that families from Federal income tax. Un- England delegation has enormous sym- we could accommodate them with this fortunately, this had to be done as an pathy for our hard-working fishermen, legislation and help the fishing com- amendment to the 2001 tax relief bill, and we want to help these families as munities on the West Coast that are all of the provisions of which expire at they struggle against a tide of regula- reeling from severe overfishing on the end of the year 2010. In other words, tions. The first step to assisting these stocks that are long lived, slow grow- under current law, the tax exemption families is to evaluate and plan for the ing and slow to reproduce. afforded to Holocaust restitution pay- opportunities that will be available Finally, this amendment includes ments by last year’s legislation will ex- once our fisheries are rebuilt. Then important provisions authorizing na- pire on December 21, 2010. people can make some informed deci- tional approaches to cooperative re- According to current estimates, sions about retiring from the fishery. search, independent peer review of data there will be over 90,000 Holocaust sur- It is my hope that the Secretary in co- collection and assessment methods, vivors in the year 2010, and over 35,000 ordination with New England Fishery fisheries training and outreach, and co- in 2020. Without the assurance of per- Management Council can develop such operative enforcement. All of these manence in Federal tax policy towards a plan. proposals are based on programs that Holocaust restitution payments, vic- This amendment also contains a pro- have worked in practice or from rec- tims of the Holocaust and their fami- vision that clarifies the flexibility that ommendations made to Congress by lies will suffer significant risk and un- Congress provided the Secretary of the National Research Council. These certainty in tax planning and other im- Commerce in the 1996 reauthorization provisions will improve the manage- portant personal decisions. of the Magnuson-Stevens Act. Current ment of our fisheries by improving the The Federal Government should not law requires stocks identified as over- science that underlies fishery manage- make one dime on Holocaust restitu- fished to be rebuilt within 10 years, ex- ment decisions or by enhancing local tion, ever. The legislation we pass cept that additional time is provided law enforcement efforts. These provi- today—the Holocaust Restitution Tax where the biology of the stocks, other sions will also ensure that the fishing Fairness Act of 2002—addresses this environmental conditions, or inter- industry has a seat at the table in dis- problem by ensuring that Holocaust national management measures dictate cussions about fishery science and restitution and compensation pay- otherwise. Ms. SNOWE and I have in- management. We have long supported ments will never be taxed by the fed- cluded a provision clarifying that the need to bridge the science gap so eral government.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.127 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11797 I want to thank the sixteen Senators SEC. 2. REPEAL OF APPLICABILITY OF SUNSET work closely with the U.S. Coast Guard who cosponsored this bill, as well as OF THE ECONOMIC GROWTH AND and U.S. Navy, and such collaborations TAX RELIEF RECONCILIATION ACT Representative CLAY SHAW, who spear- OF 2001 WITH RESPECT TO EXCLU- have increased since September 11, headed House passage of the House SION FROM FEDERAL INCOME TAX 2001. Accurate navigation information version of this bill earlier this year. I FOR RESTITUTION RECEIVED BY supports safe and efficient military de- also want to thank the Anti-Defama- VICTIMS OF NAZI REGIME. ployment and seaport evacuation. Section 901 of the Economic Growth and About 90 percent of all military equip- tion League, B’nai B’rith Inter- Tax Relief Reconciliation Act of 2001 is national, the Conference on Jewish Ma- amended by adding at the end the following ment and supplies for overseas oper- terial Claims, the International Com- new subsection: ations are shipped out of U.S. ports. mission on Holocaust Era Insurance ‘‘(c) EXCEPTION.—Subsection (a) shall not Seaports have always been an inte- Claims, the American Jewish Com- apply to section 803 (relating to no federal gral part of our Nation’s commerce. mittee, the Union of Orthodox Jewish income tax on restitution received by vic- Today, more than 95 percent of foreign Congregations of America, the Jewish tims of the Nazi regime or their heirs or es- trade by weight moves by sea, and Council for Public Affairs, and the tates).’’. trade is projected to double by 2020. The bill (H.R. 4823) was read the third American Gathering of Jewish Holo- Vessels are twice as large as they were time and passed. caust Survivors—the largest organiza- 50 years ago, testing the capabilities of Mr. President, I yield the floor. tion of Holocaust survivors in America. many ports. Increased ferry, cruise Mr. REID. Mr. President, I congratu- line, and recreational boating activi- The support of these groups was crit- late my friend on the passage of this ties contribute a rise in seaport conges- ical in shepherding this legislation legislation. I appreciate the Senator’s tion. Each year there are about 3,500 through the Senate. persistence. It is very important legis- commercial and 7,000 recreational After more than 50 years of injustice, lation. There are a lot of happy old boating accidents. Holocaust survivors and their families people today who have been waiting for The safe and efficient movement of are reclaiming what is rightfully a continuation of these benefits for a products depends upon the marine theirs. In passing this legislation long time. So I thank the Senator very transportation system. Advanced, today, Congress has done its part to much for his work. highly accurate hydrographic, oceano- protect the proceeds—and make that graphic and related data improve mari- f protection permanent. ners’ situational, three-dimensional f PRIVILEGES OF THE FLOOR awareness, which increases efficiency, Mr. REID. Mr. President, I ask unan- reduces risk, and safeguards the ma- REPEALING THE SUNSET OF THE imous consent that the staff of Senator rine environment. Such advanced data ECONOMIC GROWTH AND TAX THURMOND be granted floor privileges and services are an integral part of im- RELIEF RECONCILIATION ACT OF for the next half hour. plementing an internationally compli- 2001 The PRESIDING OFFICER. Without ant electronic chart display and infor- Mr. FITZGERALD. Mr. President, I objection, it is so ordered. mation system. ask unanimous consent that the Fi- I am especially supportive and f nance Committee be discharged from pleased that this bill includes language further consideration of S. 2577 and HYDROGRAPHIC SERVICES IM- to reauthorize the NOAA Corps. The that the Senate proceed to the imme- PROVEMENT ACT AMENDMENTS NOAA Corps, the smallest of the seven diate consideration of S. 2577 and H.R. OF 2002 uniformed services of the United 4823 en bloc. Mr. REID. Mr. President, I ask unan- States, plays a very important role at The PRESIDING OFFICER. Without imous consent that the Senate proceed NOAA and for the Nation. The service, objection, it is so ordered. to the consideration of H.R. 4883, which consisting of approximately 265 com- The clerk will read the bills by title is at the desk. missioned officers, provides NOAA with en bloc. The PRESIDING OFFICER. The professionals trained in engineering, earth sciences, oceanography, meteor- The legislative clerk read as follows: clerk will report the bill by title. ology, fisheries, science, and other re- A bill (S. 2577) to repeal the sunset of the The legislative clerk read as follows: Economic Growth and Tax Relief Reconcili- lated disciplines. The officers serve in A bill (H.R. 4883) to reauthorize the Hydro- assignments within the five major line ation Act of 2001 with respect to the exclu- graphic Services Improvement Act of 1998, sion from Federal income tax for restitution and for other purposes. offices of NOAA: National Ocean Serv- received by victims of the Nazi Regime; ice, NOS; National Weather Service, A bill (H.R. 4823) to repeal the sunset of the There being no objection, the Senate NWS; National Marine Fisheries Serv- Economic Growth and Tax Relief Reconcili- proceeded to consider the bill. ice, NMFS; Oceanic and Atmospheric ation Act of 2001 with respect to the exclu- Mr. HOLLINGS. Mr. President, I rise Research OAR; and National Environ- sion from Federal income tax for restitution today to comment on H.R. 4883, a bill mental Satellite, Data, and Informa- received by victims of the Nazi Regime. to reauthorize the Hydrographic Serv- tion Service, NESDIS. Officers operate There being no objection, the Senate ices Improvement Act of 1998. This leg- ships, fly aircraft into hurricanes, lead proceeded to consider the bills. islation authorizes programs sup- mobile field parties, manage research Mr. FITZGERALD. Mr. President, I porting NOAA’s strategic missions to projects, conduct diving operations, ask unanimous consent that the bills promote safe navigation and sustain and serve in staff positions throughout be read a third time and passed, the healthy coasts. I am especially sup- NOAA. In addition they conduct hydro- motion to reconsider be laid upon the portive of this bill because it improves graphic surveys along our Nation’s table en bloc, with no intervening ac- the hydrographic services around our coast in order to make our waters safe tion or debate, that any statements re- Nation and authorizes the activities of for marine commerce. lated to the bill be printed in the the Commissioned Corps of the Na- The NOAA Corps is essential to RECORD, and that the consideration of tional Oceanic and Atmospheric Ad- NOAA’s coverage of our seas and our these items appear separately in the ministration, NOAA Corps. skies; in hours of crisis, NOAA employ- RECORD. Last week Congress approved the ees have been found issuing the tor- The PRESIDING OFFICER. Without conference report on the Maritime nado warnings that saved hundreds of objection, it is so ordered. Transportation Security Act, which lives from a deadly storm, flying into The bill (S. 2577) was read the third will enhance security in our Nation’s the eyes of hurricanes to gather infor- time and passed, as follows: ports. H.R. 4883 authorizes some key mation about possible landfall, fight- S. 2577 provisions to support that effort by au- ing to free three gray whales trapped in Be it enacted by the Senate and House of Rep- thorizing and increasing the number of the ice, fielding a massive scientific op- resentatives of the United States of America in officers in our NOAA Corps and sup- eration to guide the recovery from an Congress assembled, porting establishment of real time hy- oil spill, and monitoring via satellites SECTION 1. SHORT TITLE. drographic monitoring systems to en- the movement of hurricanes and other This Act may be cited as the ‘‘Holocaust hance navigation and safety. NOAA’s severe storms, volcanic ash and Restitution Tax Fairness Act of 2002’’. hydrographic programs share data and wildfires that threaten communities.

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.137 S20PT2 S11798 CONGRESSIONAL RECORD — SENATE November 20, 2002 As marine professionals, the NOAA in decline or severe decline, due to dis- among other initiatives. If we are to Corps personnel may be transferred to ease, habitat loss, overfishing and achieve the ultimate, long-term goal of the military services in times of na- other factors. The underwater grasses the Bay Program—protecting, restor- tional emergency, and this bill de- that once sustained these fisheries are ing and maintaining the health of the scribes a number of technical areas de- only at a fraction of their historic lev- living resources of the Bay—additional signed to bring the NOAA Corps into els. Research and monitoring must be financial resources must be provided. I line with Department of Defense stand- continued and enhanced to track living plan to introduce new legislation in the ards in terms of rank, promotion and resource trends, evaluate the responses 108th Congress to address these short- pay grade. This bill authorizes a grad- of the estuary’s biota to changes in comings and look forward to working ual increase in the number of officers their environment and establish clear with my colleagues on the Commerce to accommodate the growing needs as- management goals and progress indica- Committee in this regard. sociated with new Navigation Response tors for restoring the productivity, di- Mr. KERRY. Mr. President, I rise Teams that will be established and lo- versity and abundance of these species. today to offer a few comments con- cated in ports around the country. Likewise, education to improve under- cerning H.R. 4883, a bill to reauthorize Finally, this legislation amends the standing by elementary and secondary the Hydrographic Services Improve- Oceans Act of 2000 to ensure that the students and teachers of the living re- ment Act of 1998. I am especially sup- commission remains in existence 90 sources in the Chesapeake Bay eco- portive of this bill’s inclusion of lan- days after the date of the final submis- system is a top priority. guage to reauthorize the Commissioned sion of the report. This will allow the In order to ensure NOAA’s continued Corps of the National Oceanic and At- commission to provide advice to Con- full participation in the Bay’s restora- mospheric Administration, NOAA gress on its report and on the Presi- tion and in meeting with goals and ob- Corps. The NOAA Corps plays a very dent’s implementation plan, but will jectives of Chesapeake 2000, in the important role in NOAA and to our Na- not affect the due date established in 106th Congress I introduced legislation, tion. the Act for submission of the Commis- together with several of my colleagues, The NOAA Corps is the smallest of sion’s report. The amendment would to reauthorize the NOAA Bay Program the seven uniformed services of the United States. The service, consisting also authorize appropriations of $8.5 office and provide the office with addi- of approximately 299 commissioned of- million; this increase reflects the re- tional resources and authority. No ac- ficers, is an integral part of NOAA, an sources necessary to hold nine regional tion was taken on that legislation so in agency under the U.S. Department of meetings—three more than mandated the 107th Congress, Senators WARNER, MIKULSKI, ALLEN and I introduced new Commerce. by the Oceans Act. These regional The NOAA Corps traces its roots meetings are essential to ensuring the legislation to reauthorize the NCBO. A similar measure was introduced in the back to the former U.S. Coast and Geo- views of all citizens are reflected in the detic Survey, which dates back to 1807 work of the Commission, and I have House by Representative GILCHREST and the entire Maryland House delega- and President Thomas Jefferson. The fully supported this regional outreach NOAA Corps today provides a cadre of tion and provisions of these bills are effort, and the excellent work of the professionals trained in engineering, included in section 401 of the legisla- Ocean Commission and its staff. earth sciences, oceanography, meteor- tion before us. The provisions author- I want to thank my colleagues in the ology, fisheries science, and other re- ize and direct NOAA to undertake a House of Representatives for working lated disciplines. The officers serve in special 5-year study, in cooperation with me to create a bill that does so assignments within the five major Line with the scientific community of the much to enhance the safety and navi- Offices of NOAA: National Ocean Serv- Chesapeake Bay and appropriate other gation along our coasts. ice, NOS; National Weather Service, Mr. SARBANES. Mr. President, the Federal agencies, to develop the knowl- NWS; National Marine Fisheries Serv- legislation before the Senate, H.R. 4883, edge base required for understanding ice, NMFS; Oceanic and Atmospheric the Hydrographic Services Improve- multispecies interactions and devel- Research, OAR; and National Environ- ment Act Amendments of 2002, includes oping multispecies management plans. mental Satellite, Data, and Informa- important provisions to reauthorize NOAA is also authorized to carry out a tion Service, NESDIS. Officers operate the NOAA Chesapeake Bay Office, small-scale fishery and habitat restora- ships, fly aircraft into hurricanes, lead NCBO. This office which was first es- tion grant and technical assistance mobile field parties, manage research tablished in 1992 pursuant to Public program to help citizens organizations projects, conduct diving operations, Law 102–567, has been the focal point and local governments in the Chesa- and serve in staff positions throughout for all of NOAA’s activities within the peake Bay watershed undertake habi- NOAA. In addition they conduct hydro- Chesapeake Bay watershed and a vital tat, fish, and shellfish restoration graphic surveys along our nation’s part of the effort to achieve the long- projects. The legislation authorizes $6 coast in order to make our waters safe term goal of the Bay Program—restor- million a year specifically to fund the for marine commerce. ing the Bay’s living resources to NOAA Chesapeake Bay office and carry As Chairman of the Oceans, Atmos- healthy and balanced levels. out these two activities. And I want to phere and Fisheries Subcommittee During the past 10 years, the NCBO emphasize that this authorization level allow me to explain a little about has made great strides in realizing the is intended to address only NCBO’s NOAA. NOAA provides timely and pre- objectives of the NOAA Authorization base budget and these two initiatives cise weather, water and climate fore- Act of 1992 and the overall Bay Pro- and that additional funds are provided casts, to monitoring the environment, gram living resource goals. Working for the work that the NCBO conducts to managing fisheries and building with other Bay Program partners, im- in oyster reef restoration, oyster dis- healthy coastlines, to making our na- portant progress has been made in sur- ease research, education and training tion more competitive through safe veying and assessing fishery resources and blue crab research. navigation and examining changes in in the Bay, developing fishery manage- I am disappointed however that the the oceans, NOAA is on the front lines ment plans for selected species, under- legislation did not include two other for America. taking habitat restoration projects, re- provisions which we sought to create In hours of crisis, NOAA employees moving barriers to fish passage, and an internet-based Coastal Predictions have been found issuing the tornado undertaking important remote sensing Center for the Chesapeake Bay and to warnings that saved hundreds of lives and data analysis activities. But formally authorize the NOAA Chesa- from a deadly storm, flying into the NOAA’s responsibilities to the Bay res- peake Bay Office’s Bay Watershed Edu- eyes of hurricanes to gather informa- toration effort are far from complete. cation and Training, B–WET, Program tion about possible landfall, fighting to Some populations of major species of that we established last year. More- free three grey whales trapped in the fish and shellfish in Chesapeake Bay over, it is critical that the funding lev- ice, fielding a massive scientific oper- such as shad and oysters, remain se- els for the NOAA Bay Program activi- ation on the shores to guide the come- verely depressed, while others, such as ties continue to grow to meet these back from an oil spill, and monitoring blue crab are at risk. Baywide, some 16 needs and NOAA’s responsibilities in by satellites the movement of hurri- of 25 ecologically important species are oyster and SAV restoration efforts, canes and other severe storms, volcanic

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.129 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11799 ash and wildfires that threaten com- The resolution (S. Res. 321) was AMENDING THE AGRICULTURAL munities. agreed to. ADJUSTMENT ACT OF 1938 In 1882 the U.S.S. ALBATROSS, the The preamble was agreed to. Mr. REID. Mr. President, I ask unan- The resolution, with its preamble, first government research vessel built imous consent that the Senate now reads as follows: exclusively for fisheries and oceano- proceed to the consideration of S. 14, graphic research, launched both a fu- S. RES. 321 which was introduced earlier today by ture for NOAA’s research programs and Whereas the United States of America and Senator THURMOND. a fleet of research vessels. Today, Indian Tribes have a unique legal and polit- The PRESIDING OFFICER. The ical relationship as expressed in the U.S. NOAA scientists along with their uni- clerk will report the bill by title. versity partners, work to better under- Constitution, treaties, Federal statutes and Executive orders, court decisions, and course The legislative clerk read as follows: stand the world in which we live. of dealing; A bill (S. 14) to amend the Agricultural Ad- NOAA research is where much of the Whereas the United States has committed justment Act of 1938 to extend the farm re- work is done that results in better itself to national education excellence in- constitution provision to the 2003 and 2004 weather forecasts, longer warning lead cluding excellence in institutions that edu- crops. times for natural disasters, new prod- cate American Indian and Alaska Native There being no objection, the Senate ucts from the sea, and a greater under- children and adults; proceeded to the consideration of the standing of our climate, atmosphere Whereas tribal colleges and universities bill. are fully accredited community-based edu- Mr. REID. Mr. President, I ask unan- and oceans. NOAA research is done not cational institutions devoted to the edu- only in what many would consider tra- cation, welfare, and economic advancement imous consent that the bill be read ditional laboratories, but also aboard of American Indian communities; three times, passed, and the motion to ships, aloft in planes, and beneath the Whereas the populations in the commu- reconsider be laid upon the table; and sea in the world’s only undersea habi- nities served by tribal colleges and univer- that any statements relating to this tat. NOAA research tools can be as sities are among the poorest of the Nation, matter be printed in the RECORD. high-tech as supercomputers or as and the services provided by the tribal col- The PRESIDING OFFICER. Is there basic as rain gauges. The officers of the leges and universities enable students to objection? train for and obtain jobs that offer social and Without objection, it is so ordered. NOAA Corps operate NOAA’s fleet of economic stability, and serve to reduce wel- research vessels and aircraft. Those of The bill (S. 14) was read the third fare dependence in these communities; time and passed, as follows: us on the Commerce Committee like to Whereas tribal colleges and universities think of NOAA as the little agency are chronically underfunded, and in addition S. 14 that does a lot. The NOAA Corps is an to offering their communities higher edu- Be it enacted by the Senate and House of Rep- integral part of the NOAA team that cation opportunities, also function as resentatives of the United States of America in Congress assembled, brings all of these valuable services to community centers, libraries, childcare cen- SECTION 1. FARM RECONSTITUTIONS. the American public. ters, tribal archives, career and business centers, economic development centers, and Section 316(a)(1)(A)(ii) of the Agricultural Mr. REID. Mr. President, I ask unan- public meeting places; Adjustment Act of 1938 (7 U.S.C. imous consent that the bill be read Whereas in 1970 President Nixon issued his 1314b(a)(1)(A)(ii)) is amended in the last sen- three times, passed, and the motion to now-famous ‘‘Special Message to Congress on tence by striking ‘‘2002 crop’’ and inserting reconsider be laid upon the table; and Indian Affairs’’ rejecting the failed policies ‘‘2002, 2003, and 2004 crops’’. that any statements relating to this of assimilation and termination and her- f matter be printed in the RECORD, with alding the new era of Indian Self Determina- AUTHORIZING THE SECRETARY OF no intervening action or debate. tion; AGRICULTURE TO SELL OR EX- The PRESIDING OFFICER. Is there Whereas in 1972 six tribal colleges established the American Indian Higher Edu- CHANGE ALL OR PART OF CER- objection? cation Consortium to empower its member TAIN ADMINISTRATIVE SITES Without objection, it is so ordered. institutions through collective action, con- The bill (H.R. 4883) was read the third struct a national support and communica- Mr. REID. Mr. President, I ask unan- time and passed. tions network, and assist Indian commu- imous consent that the Agriculture Committee be discharged from further f nities and Native people in the field of educational achievement, while nurturing, advo- consideration of S. 2063, and that the COMMEMORATING THE 30TH ANNI- cating, and protecting American Indian his- Senate now proceed to its consider- VERSARY OF THE FOUNDING OF tory, culture, art and language; ation. THE AMERICAN INDIAN HIGHER Whereas the American Indian Higher Edu- The PRESIDING OFFICER. Without EDUCATION CONSORTIUM cation Consortium consists of 32 tribal col- objection, it is so ordered. The clerk leges and universities located in 12 states Mr. REID. Mr. President, I ask unan- will report the bill by title. that enroll approximately 30,000 full- and The legislative clerk read as follows: imous consent that the Indian Affairs part-time students from over 250 Federally- Committee be discharged from further recognized Indian Tribes; A bill (S. 2063) to authorize the Secretary consideration of S. Res. 321, and that Whereas on July 3, 2002, President Bush of Agriculture to sell or exchange all or part the Senate now proceed to its consider- issued Executive Order 13270 ensuring that of certain administrative sites and other land in the Ozark-St. Francis and Ouachita ation. tribal colleges and universities are more fully recognized and integrated into the National Forests and to use funds derived The PRESIDING OFFICER. Without from the sale or exchange to acquire, con- objection, it is so ordered. The clerk American family of institutions of higher education; struct, or improve administrative sites. will report the bill by title. Whereas tribal colleges and universities There being no objection, the Senate The legislative clerk read as follows: provide access to information technology proceeded to the consideration of the A resolution (S. Res. 321) commemorating critical to full participation in American bill. the 30th Anniversary of the Founding of the economic, political and social life, bridging Mr. REID. Mr. President, I ask unan- American Indian Higher Education Consor- great distances and transforming learning imous consent that the bill be read tium (AIHEC). environment; and three times, passed, and the motion to There being no objection, the Senate Whereas tribal colleges and universities and their Native communities continue to reconsider be laid upon the table, with proceeded to the consideration of the no intervening action or debate; and resolution. play an integral role in American Indian education including assisting in the imple- that any statements thereto be printed Mr. REID. Mr. President, I ask unan- mentation of the No Child Left Behind Act of in the RECORD. imous consent that the resolution be 2002: Now, therefore, be it The PRESIDING OFFICER. Is there agreed to, the preamble be agreed to, Resolved, that the Senate of the United objection? and the motion to reconsider be laid States recognizes the essential role tribal Without objection, it is so ordered. upon the table; and that any state- colleges and universities play in American The bill (S. 2063) was read the third ments regarding this matter be printed Indian communities, honors the vision and commitment of the founders of the American time and passed, as follows: in the RECORD. Indian Higher Education Consortium, and S. 2063 The PRESIDING OFFICER. Is there celebrates 30 successful years of imple- Be it enacted by the Senate and House of Rep- objection? menting that vision for the benefit of Amer- resentatives of the United States of America in Without objection, it is so ordered. ican Indian peoples across the United States. Congress assembled,

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\CR\FM\G20NO6.133 S20PT2 S11800 CONGRESSIONAL RECORD — SENATE November 20, 2002 SECTION 1. SALE OR EXCHANGE OF LAND. sas, Isolated Forestland’’ and dated August ANDERSONVILLE NATIONAL (a) IN GENERAL.—The Secretary of Agri- 27, 2001. HISTORIC SITE (2) In the Ozark-St. Francis National For- culture (referred to in this Act as the Mr. REID. Mr. President, I ask unan- ‘‘Secretary’’) may, under such terms and est— conditions as the Secretary may prescribe, (A) tract 1, ‘‘Tract 750, District 1, Two imous consent that the Senate proceed sell or exchange any right, title, and interest Residences, Administrative Office’’ to the consideration of H.R. 4692. of the United States in and to the following (approximately 8.96 acres), as identified on The PRESIDING OFFICER. The National Forest System land and improve- the map entitled ‘‘Ozark-St. Francis Na- clerk will report the bill by title. ments: tional Forest, Mountain View, Arkansas, The legislative clerk read as follows: Tract 750, District 1, Two Residences, Ad- (1) In the Ouachita National Forest— A bill (H.R. 4692) to amend the Act entitled (A) tract 1, ‘‘Work Center and two Resi- ministrative Office’’ and dated July 26, 2000; (B) tract 2, ‘‘Tract 2736, District 5, ‘‘An Act to authorize the Establishment of dences’’ (approximately 12.4 acres), as identi- the Andersonville National Historic Site in fied on the map entitled ‘‘Ouachita National Mountainburg Work Center’’ (approximately 1.61 acres), as identified on the map entitled the State of Georgia, and for other pur- Forest, Waldron, Arkansas, Work Center and poses’’, to provide for the addition of certain Residences’’ and dated July 26, 2000; ‘‘Ozark-St. Francis National Forest, Mountainburg, Arkansas, Tract 2736, District donated lands to the Andersonville National (B) tract 2, ‘‘Work Center’’ (approximately Historic Site. 10 acres), as identified on the map entitled 5, Mountainburg Work Center’’ and dated ‘‘Ouachita National Forest, Booneville, Ar- July 26, 2000; There being no objection, the Senate kansas, Work Center’’ and dated July 26, (C) tract 3, ‘‘Tract 2686, District 6, House’’ proceeded to consider the bill. 2000; (approximately 0.31 acres), as identified on Mr. REID. Mr. President, I ask unan- 1 the map entitled ‘‘Ozark-St. Francis Na- (C) tract 3, ‘‘Residence’’ (approximately ⁄2 imous consent that the bill be read acre), as identified on the map entitled tional Forest, Paris, Arkansas, Tract 2686, three times, passed, the motion to re- ‘‘Ouachita National Forest, Glenwood, Ar- District 6 House’’ and dated July 26, 2000; (D) tract 4, ‘‘Tract 2807, District 6, House’’ consider be laid on the table, and any kansas, Residence’’ and dated July 26, 2000; statements related thereto be printed (D) tract 4, ‘‘Work Center’’ (approximately (approximately 0.25 acres), as identified on 10.12 acres), as identified on the map entitled the map entitled ‘‘Ozark-St. Francis Na- in the RECORD. ‘‘Ouachita National Forest, Thornburg, Ar- tional Forest, Paris, Arkansas, Tract 2807, The PRESIDING OFFICER. Without kansas, Work Center’’ and dated July 26, District 6, House’’ and dated July 26, 2000; objection, it is so ordered. 2000; (E) tract 5, ‘‘Tract 2556, District 3, Dover The bill (H.R. 4692) was read the third (E) tract 5, ‘‘Office Building’’ Work Center’’ (approximately 2.0 acres), as time and passed. (approximately 1.5 acres), as identified on identified on the map entitled ‘‘Ozark-St. f the map entitled ‘‘Ouachita National Forest, Francis National Forest, Dover, Arkansas, Perryville, Arkansas, Office Building’’ and Tract 2556, District 3, Dover Work Center’’ TO AMEND THE OMNIBUS PARKS dated July 26, 2000; and dated July 26, 2000; AND PUBLIC LANDS MANAGE- (F) tract 6, ‘‘Tract 2735, District 2, House’’ (F) tract 6, ‘‘Several Buildings, Including MENT ACT OF 1996 Office Space and Equipment Depot’’ (approximately 0.514 acres), as identified on (approximately 3 acres), as identified on the the map entitled ‘‘Ozark-St. Francis Na- Mr. REID. Mr. President, I ask unan- map entitled ‘‘Ouachita National Forest, Hot tional Forest, Jasper, Arkansas, Tract 2735, imous consent that the Energy Com- Springs, Arkansas, Buildings’’ and dated District 2, House’’ and dated July 26, 2000; mittee be discharged from further con- July 26, 2000; and sideration of H.R. 1606 and the Senate (G) tract 7, ‘‘Isolated Forestland’’ (G) tract 7, ‘‘Tract 2574, District 2, House’’ (approximately 0.75 acres), as identified on proceed to its consideration. (approximately 120 acres), as identified on The PRESIDING OFFICER. Without the map entitled ‘‘Ouachita National Forest, the map entitled ‘‘Ozark-St. Francis Na- Sunshine, Arkansas, Isolated Forestland’’ tional Forest, Jasper, Arkansas, Tract 2574, objection, it is so ordered. The clerk and dated July 26, 2000; District 2, House’’ and dated July 26, 2000. will report the bill by title. (H) tract 8, ‘‘Isolated Forestland’’ (b) APPLICABLE AUTHORITIES.—Except as The legislative clerk read as follows: (approximately 40 acres), as identified on the otherwise provided in this Act, any sale or A bill (H.R. 1606) to amend section 507 of map entitled ‘‘Ouachita National Forest, exchange of land described in subsection (a) the Omnibus Parks and Public Lands Man- Sunshine, Arkansas, Isolated Forestland’’ shall be subject to laws (including regula- agement Act of 1996 to authorize additional and dated July 26, 2000; tions) applicable to the conveyance and ac- appropriations for historically black colleges (I) tract 9, ‘‘Three Residences’’ quisition of land for National Forest System and universities, to decrease the matching (approximately 9.89 acres), as identified on purposes. requirement related to such appropriations, the map entitled ‘‘Ouachita National Forest, (c) CASH EQUALIZATION.—Notwithstanding and for other purposes. Heavener, Oklahoma, Three Residences’’ and any other provision of law, the Secretary There being no objection, the Senate dated July 26, 2000; may accept cash equalization payments in (J) tract 10, ‘‘Work Center’’ (approximately excess of 25 percent of the total value of the proceeded to consider the bill. 38.91 acres), as identified on the map entitled land described in subsection (a) from any ex- Mr. REID. Mr. President, I under- ‘‘Ouachita National Forest, Heavener, Okla- change under subsection (a). stand Senator BINGAMAN has a tech- homa, Work Center’’ and dated July 26, 2000; (d) SOLICITATIONS OF OFFERS.— nical amendment at the desk. I ask (K) tract 11, ‘‘Residence #1’’ (1) IN GENERAL.—In carrying out this Act, unanimous consent that the amend- (approximately 0.45 acres), as identified on the Secretary may use solicitations of offers ment be considered and agreed to, the the map entitled ‘‘Ouachita National Forest, for sale or exchange under this Act on such motion to reconsider be laid on the Talihina, Oklahoma, Residence #1’’ and terms and conditions as the Secretary may table, the bill be read three times, dated July 26, 2000; prescribe. passed, the motion to reconsider be (L) tract 12, ‘‘Residence #2’’ (2) REJECTION OF OFFERS.—The Secretary (approximately 0.21 acres), as identified on may reject any offer under this Act if the laid on the table, and any statements the map entitled ‘‘Ouachita National Forest, Secretary determines that the offer is not related thereto be printed in the Talihina, Oklahoma, Residence #2’’ and adequate or not in the public interest. RECORD. dated July 26, 2000; SEC. 2. DISPOSITION OF FUNDS. The PRESIDING OFFICER. Without (M) tract 13, ‘‘Work Center’’ Any funds received by the Secretary objection, it is so ordered. (approximately 5 acres), as identified on the through sale or by cash equalization from an The amendment (No. 4984) was agreed map entitled ‘‘Ouachita National Forest, Big exchange— to, as follows: Cedar, Oklahoma, Work Center’’ and dated (1) shall be deposited into the fund estab- On page 3, line 14, strike ‘‘such sums as July 26, 2000; lished by Public Law 90–171 (commonly may be necessary’’ and insert ‘‘a total of $10 (N) tract 14, ‘‘Residence’’ (approximately known as the ‘‘Sisk Act’’) (16 U.S.C. 484a); million for fiscal years 2003 and 2004.’’ 0.5 acres), as identified on the map entitled and ‘‘Ouachita National Forest, Idabel, Okla- The bill (H.R. 1606), as amended, was (2) shall be available for expenditure, with- homa, Residence’’ and dated July 26, 2000; read the third time and passed. out further Act of appropriation, for the ac- (O) tract 15, ‘‘Residence and Work Center’’ quisition, construction, or improvement of f (approximately 40 acres), as identified on the administrative facilities, land, or interests map entitled ‘‘Ouachita National Forest, COMMUNITY RENEWAL ACT in land for the national forests in the States Idabel, Oklahoma, Residence and Work Cen- of Arkansas and Oklahoma. Mr. REID. Mr. President, a bill that ter’’ and dated July 26, 2000; and (P) tract 16, ‘‘Isolated Forestland’’ at sec. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. should have passed this year is H.R. 30, T. 2 S., R. 25 W. (approximately 2.08 There are authorized to be appropriated 3100, the Community Renewal Act. We acres), as identified on the map entitled such sums as are necessary to carry out this could pass this bill tonight. We could ‘‘Ouachita National Forest, Mt. Ida, Arkan- Act. have passed it last night or the night

VerDate 0ct 31 2002 00:39 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00116 Fmt 4637 Sfmt 0634 E:\CR\FM\A20NO6.136 S20PT2 November 20, 2002 CONGRESSIONAL RECORD — SENATE S11801 before. But some in the minority have this fine legislation. I commend the Mr. DASCHLE. Mr. President, I ask objected to its consideration. This is Senator from New York for her good unanimous consent that the order for too bad. work. the quorum call be rescinded. I will not offer the UC tonight, other f The PRESIDING OFFICER (Mr. than to say that Senator CLINTON has THURMOND). Without objection, it is so ORDER FOR ADJOURNMENT SINE worked very hard on this bill to get it ordered. cleared on our side. It is a bipartisan DIE OR RECESS bill that would allow HUD-designated Mr. REID. Mr. President, I ask unan- f renewal communities to take advan- imous consent that the Senate stand in ADJOURNMENT SINE DIE tage of more recent 2000 census data in adjournment sine die under the provi- determining their boundaries. sions of S. Con. Res. 160 or in recess Mr. DASCHLE. Mr. President, if This bill is important for more until Friday, November 22, at 2 p.m., if there is no further business to come be- States than New York. Senator the House has not acted on the ad- fore the Senate, I ask unanimous con- CLINTON has been the leader on this journment resolution. sent that the Senate stand in adjourn- issue, but it is an important piece of The PRESIDING OFFICER. Without ment under the provisions of S. Con. legislation. It affects not only New objection, it is so ordered. Res. 160. York but Tennessee, Alabama, Ken- Mr. REID. We expect the House to There being no objection, at 6:12 tucky, Colorado, Louisiana, Ohio, act on the adjournment resolution this p.m., the Senate adjourned sine die. Texas, Mississippi, Washington, and coming Friday. Therefore, we expect other States. the Senate will reconvene at 12 noon, f Senator CLINTON cleared this bill January 7, 2003. CONFIRMATION with the chairman and ranking mem- I suggest the absence of a quorum. ber of the Finance Committee, Sen- The PRESIDING OFFICER. The Executive nomination confirmed by ators BAUCUS and GRASSLEY. That was clerk will call the roll. the Senate November 20, 2002: not enough. It is regrettable despite all The legislative clerk proceeded to GOVERNMENT PRINTING OFFICE our efforts Republicans could not clear call the roll. BRUCE R. JAMES, OF NEVADA, TO BE PUBLIC PRINTER.

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HIGHLIGHTS Senate agreed to S. Con. Res. 160, Adjournment Resolution. Senate Iraqi Scientists Liberation Act of 2002: Chamber Action Committee on the Judiciary was discharged from Routine Proceedings, pages S11661–S11801 further consideration of S. 3079, to authorize the Measures Introduced: Six bills and nine resolutions issuance of immigrant visas to, and the admission to were introduced, as follows: S. 12–15, S. the United States for permanent residence of, certain 3180–3181, S. Res. 361–368, and S. Con. Res. 160. scientists, engineers, and technicians who have Page S11736 worked in Iraqi weapons of mass destruction pro- Measures Reported: grams, and the bill was then passed, after agreeing S. 2945, To authorize appropriations for to the following amendment proposed thereto: nanoscience, nanoengineering, and nanotechnology Pages S11772–73 research. (S. Rept. No. 107–350) Page S11735 Reid (for Biden) Amendment No. 4979, in the nature of a substitute. Pages S11772–73 Measures Passed: Indian Probate Reform Act: Senate passed S. Thanks to the Vice President: Senate agreed to S. 1340, to amend the Indian Land Consolidation Act Res. 361, tendering the thanks of the Senate to the to provide for probate reform with respect to trust Vice President for the courteous, dignified, and im- or restricted lands, after agreeing to a committee partial manner in which he has presided over the de- amendment in the nature of a substitute: liberations of the Senate. Page S11670 Pages S11783–89 Thanks to the President pro tempore: Senate National Flood Insurance Program Authoriza- agreed to S. Res. 362, tendering the thanks of the tion Extension: Senate passed S. 13, to extend au- Senate to the President pro tempore for the cour- thorization for the national flood insurance program. teous, dignified, and impartial manner in which he Page S11789 has presided over the deliberations of the Senate. Page S11670 National Runaway Prevention Month: Committee on the Judiciary was discharged from Commending the Republican Leader: Senate further consideration of S. Res. 339, designating No- agreed to S. Res. 363, to commend the exemplary vember 2002, as ‘‘National Runaway Prevention leadership of the Republican Leader. Page S11670 Month’’, and the resolution was then agreed to. Commending the Democratic Leader: Senate Pages S11789–90 agreed to S. Res. 364, to commend the exemplary Congratulating the People of Brazil: Senate leadership of the Majority Leader. Page S11670 agreed to S. Res. 365, congratulating the people of Adjournment Resolution: Senate agreed to S. Brazil on the completion of peaceful, free, and fair Con. Res. 160, providing for the sine die adjourn- elections in Brazil and the election of President da ment of the One Hundred Seventh Congress, Second Silva. Page S11790 Session. Page S11672 Urging the Government of Egypt and other Peace Corps Charter for the 21st Century: Senate Arab Governments: Senate agreed to S. Res. 366, passed S. 12, to amend the Peace Corps Act to pro- urging the Government of Egypt and other Arab mote global acceptance of the principles of inter- governments not to allow their government-con- national peace and nonviolent coexistence among trolled television stations to broadcast any program peoples of diverse cultures and systems of govern- that lends legitimacy to the Protocols of the Elders ment. Pages S11771–72 of Zion. Pages S11790–91 D1175

VerDate 0ct 31 2002 03:44 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO2.PT2 D20NO2 D1176 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2002 Archie Edwards Blues Heritage Foundation Reid (for Kerry/Hollings) Amendment No. 4982, Community Services Recognition: Senate agreed to to provide authority for the acceptance of voluntary S. Res. 367, recognizing the community services of services. Pages S11795–96 the Archie Edwards Blues Heritage Foundation, des- Reid (for Kerry) Amendment No. 4983, to estab- ignating the fortnight beginning November 29, lish criteria governing the use of fishing quota sys- 2002, as the ‘‘Blues Heritage Appreciation Fort- tems. Page S11796 night, and designating Friday, November 29, 2002, Holocaust Restitution Tax Fairness Act: as ‘‘Blues Friday’’. Page S11791 Committee on Finance was discharged from further Refugees Assistance: Senate agreed to H. Con. consideration of S. 2577, to repeal the sunset of the Res. 349, calling for effective measures to end the Economic Growth and Tax Relief Reconciliation Act sexual exploitation of refugees. Pages S11791–92 of 2001 with respect to the exclusion from Federal World Coffee Prices: Senate agreed to S. Res. income tax for restitution received by victims of the 368, expressing the Sense of the Senate concerning Nazi Regime, and the bill was then passed. the decline of world coffee prices and its impact on Page S11797 developing nations. Page S11792 Holocaust Restitution Tax Fairness Act: Senate passed H.R. 4823, to repeal the sunset of the Eco- Protection of Family Farmers Act: Senate passed nomic Growth and Tax Relief Reconciliation Act of H.R. 5472, to extend for 6 months the period for 2001 with respect to the exclusion from Federal in- which chapter 12 of title 11 of the United States come tax for restitution received by victims of the Code is reenacted, clearing the measure for the Presi- Nazi Regime, clearing the measure for the President. Pages S11792–93 dent. Page S11797 Naval Mineral Leasing Activities: Committee on Hydrographic Services Improvement Act Amend- Armed Services was discharged from further consid- ments: Senate passed H.R. 4883, to reauthorize the eration of H.R. 2187, to amend title 10, United Hydrographic Services Improvement Act of 1998, States Code, to make receipts collected from mineral clearing the measure for the President. leasing activities on certain naval oil shale reserves Pages S11797–99 available to cover environmental restoration, waste management, and environmental compliance costs American Indian Higher Education Consortium incurred by the United States with respect to the re- 30th Anniversary: Committee on Indian Affairs was serves, and the bill was then passed, clearing the discharged from further consideration of S. Res. 321, commemorating the 30th Anniversary of the Found- measure for the President. Page S11793 ing of the American Indian Higher Education Con- New Hampshire-Vermont Interstate School sortium (AIHEC), and the resolution was then Compact: Senate passed H.R. 3180, to consent to agreed to. Page S11799 certain amendments to the New Hampshire- Farm Reconstitution Provisions Extension: Vermont Interstate School Compact, clearing the Senate passed S. 14, to amend the Agricultural Ad- measure for the President. Page S11793 justment Act of 1938 to extend the farm reconstitu- Indian Programs Reauthorization and Technical tion provision to the 2003 and 2004 crops. Amendments Act: Senate passed S. 2711, to reau- Page S11799 thorize and improve programs relating to Native Ozark-St.Francis and Ouachita National Forests Americans, after withdrawing a committee amend- Land Exchange: Committee on Agriculture, Nutri- ment in the nature of a substitute, and the following tion, and Forestry was discharged from further con- amendments proposed thereto: Page S11793 sideration of S. 2063, to authorize the Secretary of Reid (for Inouye) Amendment No. 4980, in the Agriculture to sell or exchange all or part of certain nature of a substitute. Page S11793 administrative sites and other land in the Ozark-St. Reid (for Inouye) Amendment No. 4981 (to Francis and Ouachita National Forests and to use Amendment No. 4980), to make certain improve- funds derived from the sale or exchange to acquire, ments to the bill. Page S11793 construct, or improve administrative sites, and the Fisheries Conservation Act: Senate passed H.R. bill was then passed. Pages S11799–S11800 1989, to reauthorize various fishing conservation Andersonville National Historic Site in Georgia: management programs, after agreeing to a com- Senate passed H.R. 4692, to amend the Act entitled mittee amendment in the nature of a substitute, and ‘‘An Act to authorize the Establishment of the the following amendments proposed thereto: Andersonville National Historic Site in the State of Pages S11793–96 Georgia, and for other purposes’’, to provide for the

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addition of certain donated lands to the Anderson- national Joint Commission, United States and Can- ville National Historic Site, clearing the measure for ada. the President. Page S11800 Charlotte A. Lane, of West Virginia, to be a Historically Black Colleges and Universities Ap- Member of the United States International Trade propriations: Committee on Energy and Natural Re- Commission for a term expiring December 16, 2009. sources was discharged from further consideration of Walter H. Kansteiner, Assistant Secretary of State H.R. 1606, to amend section 507 of the Omnibus (African Affairs), to be a Member of the Board of Parks and Public Lands Management Act of 1996 to Directors of the African Development Foundation for authorize additional appropriations for historically a term expiring September 27, 2003. black colleges and universities, to decrease the Claude A. Allen, Deputy Secretary of Health and matching requirement related to such appropriations, Human Services, to be a Member of the Board of and the bill was then passed, after agreeing to the Directors of the African Development Foundation for following amendment proposed thereto: Page S11800 a term expiring September 22, 2003. Reid (for Bingaman) Amendment No. 4984, of a The following named officers for appointment in technical nature. Page S11800 the United States Air Force to the grade indicated under title 10, U.S.C., section 624: Oil Region National Heritage Area Act— Colonel Marshall K. Sabol, 5866, to be Brigadier Amendment Correction: A unanimous-consent General. agreement was reached providing that, notwith- The following Air National Guard of the United standing passage of H.R. 695, to establish the Oil States officer for appointment in the Reserve of the Region National Heritage Area (passed the Senate on Air Force to the grades indicated under title 10, November 19, 2002), that it be in order for the Sen- U.S.C., section 12203: ate amendment to be corrected as follows: on page Colonel Douglas M. Pierce, 9562, to be Brigadier 57, line 9, insert a ‘‘$’’ before ‘‘10,000,000’’. General. Page S11677 The following named officer for appointment in Indian Financing Amendments Act: Senate con- the United States Air Force to the grade indicated curred in the amendment of the House to S. 2017, under title 10, U.S.C., section 624: to amend the Indian Financing Act of 1974 to im- Col. Thomas F. Deppe, 3181, to be Brigadier prove the effectiveness of the Indian loan guarantee General. and insurance program, clearing the measure for the The following named officer for appointment in President. Pages S11773–83 the United States Air Force to the grade indicated Nominations Confirmed: Senate confirmed the fol- while assigned to a position of importance and re- lowing nominations: sponsibility under title 10, U.S.C., section 601: Bruce R. James, of Nevada, to be Public Printer. Maj. Gen. John D.W. Corley, 9553, to be Lieu- (Prior to this action, Committee on Rules and Ad- tenant General. ministration was discharged from further consider- The following named officer for appointment in the Reserve of the Army to the grade indicated ation.) Page S11789 under title 10, U.S.C., section 12203: Nominations Returned to the President: The fol- Col. Dawn R. Horn, 3444, to be Brigadier Gen- lowing nominations were returned to the President eral. failing of confirmation under Senate Rule XXXI at The following Army National Guard of the the time of the sine die adjournment of the 107th United States officer for appointment in the Reserve Congress: of the Army to the grade indicated under title 10, Thomas C. Dorr, of Iowa, to be Under Secretary U.S.C., section 12203: of Agriculture for Rural Development. Col. Rex E. Thompson, 7954, to be Brigadier Thomas C. Dorr, of Iowa, to be a Member of the General. Board of Directors of the Commodity Credit Cor- The following named officers for appointment in poration. the United States Army to the grade indicated under Eugene Scalia, of Virginia, to be Solicitor for the title 10, U.S.C., section 624: Department of Labor. Brigadier General Dennis E. Hardy, 6357, to be Emil H. Frankel, of Connecticut, to be an Assist- Major General. ant Secretary of Transportation. The following named officer for appointment in Jeffrey Shane, of the District of Columbia, to be the United States Army to the grade indicated under Associate Deputy Secretary of Transportation. title 10, U.S.C., section 624: Dennis L. Schornack, of Michigan, to be Commis- Colonel Ervin Pearson, 3468, to be Brigadier sioner on the part of the United States on the Inter- General.

VerDate 0ct 31 2002 03:44 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO2.PT2 D20NO2 D1178 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2002 The following named officer for appointment in Jeremy H.G. Ibrahim, of Pennsylvania, to be a the Reserve of the Army to the grade indicated Member of the Foreign Claims Settlement Commis- under title 10, U.S.C., section 12203: sion of the United States for the term expiring Sep- Col. Steven J. Hashem, 9921, to be Brigadier tember 30, 2002. General. Jeremy H.G. Ibrahim, of Pennsylvania, to be a The following named officer for appointment in Member of the Foreign Claims Settlement Commis- the United States Army to the grade indicated while sion of the United States for the term expiring Sep- assigned to a position of importance and responsi- tember 30, 2005. bility under title 10, U.S.C., section 601: David B. Rivkin, Jr., of Virginia, to be a Member Maj. Gen. Robert T. Clark, 7273, to be Lieuten- of the Foreign Claims Settlement Commission of the ant General. United States for the term expiring September 30, The following named officer for appointment in 2004. the United States Army to the grade indicated while Mark Moki Hanohano, of Hawaii, to be United assigned to a position of importance and responsi- States Marshal for the District of Hawaii for the bility under title 10, U.S.C., section 601: term of four years. Maj. Gen. Jerry L. Sinn, 7044, to be Lieutenant Thomas Dyson Hurlburt, Jr., of Florida, to be General. United States Marshal for the Middle District of The following Army National Guard of the Florida for the term of four years. United States officer for appointment in the Reserve Christina Pharo, of Florida, to be United States of the Army to the grade indicated under title 10, Marshal for the Southern District of Florida for the U.S.C., section 12203: term of four years. Brigadier General Emile P. Bataille, 3318, to be Dennis Arthur Williamson, of Florida, to be Major General. United States Marshal for the Northern District of The following Army National Guard of the Florida for the term of four years. United States officer for appointment in the Reserve Harlon Eugene Costner, of North Carolina, to be of the Army to the grade indicated under title 10, United States Marshal for the Middle District of U.S.C., section 12203: North Carolina for the term of four years. Col. Brett L. Hanke, 7165, to be Brigadier Gen- Richard Zenos Winget, of Nevada, to be United eral. States Marshal for the District of Nevada. Joaquin F. Blaya, of Florida, to be a Member of the Broadcasting Board of Governors for a term ex- Humberto S. Garcia, of Puerto Rico, to be United piring August 13, 2002. States Attorney for the District of Puerto Rico for William A. Schambra, of Virginia, to be a Mem- the term of four years. ber of the Board of Directors of the Corporation for Leonardo M. Rapadas, of Guam, to be United National and Community Service for a term expiring States Attorney for the District of Guam and concur- September 14, 2006. rently United States Attorney for the District of the Donna N. Williams, of Texas, to be a Member of Northern Mariana Islands for the term of four years. the Board of Directors of the Corporation for Na- Grant S. Green, Jr., of Virginia, to be Deputy tional and Community Service for a term expiring Secretary of State for Management and Resources. October 6, 2006. Otto J. Reich, of Virginia, to be an Assistant Sec- Cheryl Feldman Halpern, of New Jersey, to be a retary of State (Western Hemisphere Affairs). Member of the Board of Directors of the Corporation Emil H. Frankel, of Connecticut, to be an Assist- for Public Broadcasting for a term expiring January ant Secretary of Transportation. 31, 2008. Jeffrey Shane, of the District of Columbia, to be R. Bruce Matthews, of New Mexico, to be a Associate Deputy Secretary of Transportation. Member of the Defense Nuclear Facilities Safety Raymond T. Wagner, Jr., of Missouri, to be a Board for a term expiring October 18, 2005. Member of the Internal Revenue Service Oversight Gerald Reynolds, of Missouri, to be Assistant Sec- Board for the remainder of the term expiring Sep- retary for Civil Rights, Department of Education. tember 14, 2004. Edward F. Reilly, of Kansas, to be a Commis- Naomi Churchill Earp, of Virginia, to be a Mem- sioner of the United States Parole Commission for a ber of the Equal Employment Opportunity Commis- term of six years. sion for a term expiring July 1, 2005. Cranston J. Mitchell, of Missouri, to be a Com- Linda M. Springer, of Pennsylvania, to be Con- missioner of the United States Parole Commission troller, Office of Federal Financial Management, Of- for a term of six years. fice of Management and Budget.

VerDate 0ct 31 2002 03:44 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO2.PT2 D20NO2 November 20, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1179 Feliciano Foyo, of Florida, to be a Member of the Dennis L. Schornack, of Michigan, to be Commis- Advisory Board for Cuba Broadcasting for a term ex- sioner on the part of the United States on the Inter- piring August 12, 2004. national Joint Commission, United States and Can- Ellen L. Weintraub, of Maryland, to be a Member ada. of the Federal Election Commission for a term expir- Lillian R. BeVier, of Virginia, to be a Member of ing April 30, 2007. the Board of Directors of the Legal Services Corpora- Michael E. Toner, of the District of Columbia, to tion for a term expiring July 13, 2004. be a Member of the Federal Election Commission for Robert J. Dieter, of Colorado, to be a Member of a term expiring April 30, 2007. the Board of Directors of the Legal Services Corpora- Michael E. Toner, of the District of Columbia, to tion for a term expiring July 13, 2002. be a Member of the Federal Election Commission for Robert J. Dieter, of Colorado, to be a Member of a term expiring April 30, 2007. the Board of Directors of the Legal Services Corpora- Joseph Timothy Kelliher, of the District of Co- tion for a term expiring July 13, 2005. lumbia, to be a Member of the Federal Energy Reg- Thomas A. Fuentes, of California, to be a Member ulatory Commission for the term expiring June 30, 2007. of the Board of Directors of the Legal Services Cor- Diana E. Furchtgott-Roth, of Maryland, to be a poration for a term expiring July 13, 2002. Director of the Federal Housing Finance Board for Thomas A. Fuentes, of California, to be a Member a term expiring February 27, 2004. of the Board of Directors of the Legal Services Cor- Peter Eide, of Maryland, to be General Counsel of poration for a term expiring July 13, 2005. the Federal Labor Relations Authority for a term of Michael McKay, of Washington, to be a Member five years. of the Board of Directors of the Legal Services Cor- Dale Cabaniss, of Virginia, to be a Member of the poration for a term expiring July 13, 2004. Federal Labor Relations Authority for a term of five Frank B. Strickland, of Georgia, to be a Member years expiring July 29, 2007. of the Board of Directors of the Legal Services Cor- Stanley C. Suboleski, of Virginia, to be a Member poration for a term expiring July 13, 2004. of the Federal Mine Safety and Health Review Com- The following named officer for appointment in mission for a term expiring August 30, 2006. the United States Marine Corps Reserve to the grade Alejandro Modesto Sanchez, of Florida, to be a indicated under title 10, U.S.C., section 12203: Member of the Federal Retirement Thrift Investment Col. Craig T. Boddington, 6953, to be Brigadier Board for a term expiring October 11, 2002. General. Patrick Lloyd McCrory, of North Carolina, to be The following named officers for appointment in a Member of the Board of Trustees of the Harry S the United States Marine Corps Reserve to the grade Truman Scholarship Foundation for a term expiring indicated under title 10, U.S.C., section 12203: December 10, 2005. Brig. Gen. John W. Bergman, 6022, to be Major William Preston Graves, of Kansas, to be a Mem- General. ber of the Board of Trustees of the Harry S Truman Brig. Gen. John J. McCarthy Jr., 8507, to be Scholarship Foundation for the remainder of the Major General. term expiring December 10, 2005. The following named officer for appointment in Juanita Alicia Vasquez-Gardner, of Texas, to be a the United States Marine Corps Reserve to the grade Member of the Board of Trustees of the Harry S indicated under title 10, U.S.C., section 12203: Truman Scholarship Foundation for a term expiring December 10, 2003. Brig. Gen. Douglas V. O’Dell Jr., 0212, to be Jose A. Fourquet, of New Jersey, to be a Member Major General. of the Board of Directors of the Inter-American The following named officer for appointment in Foundation for a term expiring September 20, 2004. the United States Marine Corps Reserve to the grade Adolfo A. Franco, of Virginia, to be a Member of indicated under title 10, U.S.C., section 12203: the Board of Directors of the Inter-American Foun- Col. Douglas M. Stone, 0227, to be Brigadier dation for the remainder of the term expiring Sep- General. tember 20, 2002. Susanne T. Marshall, of Virginia, to be Chairman Adolfo A. Franco, of Virginia, to be a Member of of the Merit Systems Protection Board. the Board of Directors of the Inter-American Foun- Neil McPhie, of Virginia, to be a Member of the dation for a term expiring September 20, 2008. Merit Systems Protection Board for the term of Roger Francisco Noriega, of Kansas, to be a Mem- seven years expiring March 1, 2009. ber of the Board of Directors of the Inter-American Susanne T. Marshall, of Virginia, to be Chairman Foundation for a term expiring September 20, 2006. of the Merit Systems Protection Board.

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Rickey Dale James, of Missouri, to be a Member Dario Fernandez-Morera, of Illinois, to be a Mem- of the Mississippi River Commission for a term of ber of the National Council on the Humanities for nine years. a term expiring January 26, 2008. Rear Admiral Nicholas Augustus Prahl, National Jewel Spears Brooker, of Florida, to be a Member Oceanic and Atmospheric Administration to be a of the National Council on the Humanities for a Member of the Mississippi River Commission, under term expiring January 26, 2008. the provisions of Section 2 of an Act of Congress, Phyllis C. Hunter, of Texas, to be a Member of approved 28 June 1879 (21 Stat. 37) (22 USC 642). the National Institute for Literacy Advisory Board Robert Boldrey, of Michigan, to be a Member of for a term of two years. the Board of Trustees of the Morris K. Udall Schol- Douglas Carnine, of Oregon, to be a Member of arship and Excellence in National Environmental the National Institute for Literacy Advisory Board Policy Foundation for a term expiring May 26, for a term of three years. 2007. Blanca E. Enriquez, of Texas, to be a Member of Malcolm B. Bowekaty, of New Mexico, to be a the National Institute for Literacy Advisory Board Member of the Board of Trustees of the Morris K. for a term of three years. Udall Scholarship and Excellence in National Envi- Rene Acosta, of Virginia, to be a Member of the ronmental Policy Foundation for a term expiring Oc- National Labor Relations Board for the remainder of tober 6, 2006. the term expiring August 27, 2003. Herbert Guenther, of Arizona, to be a Member of Elizabeth J. Pruet, of Arkansas, to be a Member the Board of Trustees of the Morris K. Udall Schol- of the National Museum Services Board for a term arship and Excellence in National Environmental expiring December 6, 2004. Policy Foundation for a term of two years. Edwin Joseph Rigaud, of Ohio, to be a Member Richard Narcia, of Arizona, to be a Member of of the National Museum Services Board for a term the Board of Trustees of the Morris K. Udall Schol- expiring December 6, 2002. arship and Excellence in National Environmental Edwin Joseph Rigaud, of Ohio, to be a Member Policy Foundation for a term expiring August 25, of the National Museum Services Board for a term 2006. expiring December 6, 2007. Bradley Udall, of Colorado, to be a Member of the Harry Robinson, Jr., of Texas, to be a Member of Board of Trustees of the Morris K. Udall Scholarship the National Museum Services Board for a term ex- and Excellence in National Environmental Policy piring December 6, 2003. Foundation for a term expiring October 6, 2006. Terry L. Maple, of Georgia, to be a Member of the National Museum Services Board for a term ex- Celeste Colgan, of Texas, to be a Member of the piring December 6, 2005. National Council on the Humanities for a term ex- Steven C. Beering, of Indiana, to be a Member of piring January 26, 2008. the National Science Board, National Science Foun- David Hertz, of Indiana, to be a Member of the dation, for the remainder of the term expiring May National Council on the Humanities for a term ex- 10, 2004. piring January 26, 2006. Barry C. Barish, of California, to be a Member of Stephan Thernstrom, of Massachusetts, to be a the National Science Board, National Science Foun- Member of the National Council on the Humanities dation, for a term expiring May 10, 2008. for a term expiring January 26, 2008. Ray M. Bowen, of Texas, to be a Member of the Marguerite Sullivan, of the District of Columbia, National Science Board, National Science Founda- to be a Member of the National Council on the Hu- tion, for a term expiring May 10, 2008. manities for a term expiring January 26, 2008. Delores M. Etter, of Maryland, to be a Member Lawrence Okamura, of Missouri, to be a Member of the National Science Board, National Science of the National Council on the Humanities for a Foundation, for a term expiring May 10, 2008. term expiring January 26, 2008. Kenneth M. Ford, of Florida, to be a Member of Sidney McPhee, of Tennessee, to be a Member of the National Science Board, National Science Foun- the National Council on the Humanities for a term dation, for a term expiring May 10, 2008. expiring January 26, 2008. Daniel E. Hastings, of Massachusetts, to be a Stephen McKnight, of Florida, to be a Member of Member of the National Science Board, National the National Council on the Humanities for a term Science Foundation, for a term expiring May 10, expiring January 26, 2006. 2008. Elizabeth Fox-Genovese, of Georgia, to be a Mem- Douglas D. Randall, of Missouri, to be a Member ber of the National Council on the Humanities for of the National Science Board, National Science a term expiring January 26, 2008. Foundation, for a term expiring May 10, 2008.

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Jo Anne Vasquez, of Arizona, to be a Member of W. Scott Railton, of Virginia, to be a Member of the National Science Board, National Science Foun- the Occupational Safety and Health Review Com- dation, for a term expiring May 10, 2008. mission for a term expiring April 27, 2007. Elizabeth Hoffman, of Colorado, to be a Member Collister Johnson, Jr., of Virginia, to be a Member of the National Science Board, National Science of the Board of Directors of the Overseas Private In- Foundation, for a term expiring May 10, 2008. vestment Corporation for a term expiring December Richard F. Healing, of Virginia, to be a Member 17, 2001. of the National Transportation Safety Board for a Tony Hammond, of Virginia, to be a Commis- term expiring December 31, 2006. sioner of the Postal Rate Commission for the re- The following named officer for appointment in mainder of the term expiring October 14, 2004. the United States Naval Reserve to the grade indi- Harold Damelin, of Virginia, to be Inspector Gen- cated under title 10, U.S.C., section 12203: eral, Small Business Administration. Rear Adm. (lh) Robert R. Percy III, 4869, to be Priscilla Richman Owen, of Texas, to be United Rear Admiral. States Circuit Judge for the Fifth Circuit. The following named officer for appointment in Charles W. Pickering, Sr., of Mississippi, to be the United States Naval Reserve to the grade indi- United States Circuit Judge for the Fifth Circuit. cated under title 10, U.S.C., section 12203: John G. Roberts, Jr., of Maryland, to be United Capt. Craig O. McDonald, 8124, to be Rear Ad- States Circuit Judge for the District of Columbia miral (Lower Half). Circuit. The following named officers for appointment in Jeffrey S. Sutton, of Ohio, to be United States the United States Naval Reserve to the grade indi- Circuit Judge for the Sixth Circuit. cated under title 10, U.S.C., section 12203: Timothy M. Tymkovich, of Colorado, to be Capt. David O. Anderson, 4824, to be Rear Ad- United States Circuit Judge for the Tenth Circuit. miral (Lower Half). Terrence W. Boyle, of North Carolina, to be Capt. David J. Cronk, 9384, to be Rear Admiral United States Circuit Judge for the Fourth Circuit. (Lower Half). Deborah L. Cook, of Ohio, to be United States Capt. Dirk J. Debbink, 0752, to be Rear Admiral (Lower Half). Circuit Judge for the Sixth Circuit. Capt. Frank F. Rennie IV, 3148, to be Rear Ad- Miguel A. Estrada, of Virginia, to be United miral (Lower Half). States Circuit Judge for the District of Columbia The following named officer for appointment in Circuit. the United States Naval Reserve to the grade indi- Carolyn B. Kuhl, of California, to be United cated under title 10, U.S.C., section 12203: States Circuit Judge for the Ninth Circuit. Capt. Raymond K. Alexander, 2501, to be Rear Mary Ellen Coster Williams, of Maryland, to be Admiral (Lower Half). a Judge of the United States Court of Federal Claims The following named officer for appointment in for a term of fifteen years. the United States Naval Reserve to the grade indi- Charles F. Lettow, of Virginia, to be a Judge of cated under title 10, U.S.C., section 12203: the United States Court of Federal Claims for a term Capt. Ben F. Gaumer, 1618, to be Rear Admiral of fifteen years. (Lower Half). Marian Blank Horn, of Maryland, to be a Judge The following named officer for appointment in of the United States Court of Federal Claims for a the United States Navy to the grade indicated under term of fifteen years. title 10, U.S.C., section 624: William H. Steele, of Alabama, to be United Capt. Brian G. Brannman, 2227, to be Rear Ad- States Circuit Judge for the Eleventh Circuit. miral (Lower Half). David W. McKeague, of Michigan, to be United The following named officer for appointment in States Circuit Judge for the Sixth Circuit. the United States Navy to the grade indicated under Susan Bieke Neilson, of Michigan, to be United title 10, U.S.C., section 624: States Circuit Judge for the Sixth Circuit. Capt. Thomas K. Burkhard, 8249, to be Rear Ad- Henry W. Saad, of Michigan, to be United States miral (Lower Half). Circuit Judge for the Sixth Circuit. The following named officer for appointment in Timothy C. Stanceu, of Virginia, to be a Judge of the United States Navy to the grade indicated under the United States Court of International Trade. title 10, U.S.C., section 624: Frederick W. Rohlfing III, of Hawaii, to be Capt. Richard E. Cellon, 1250, to be Rear Admi- United States District Judge for the District of Ha- ral (Lower Half). waii.

VerDate 0ct 31 2002 03:44 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D20NO2.PT2 D20NO2 D1182 CONGRESSIONAL RECORD — DAILY DIGEST November 20, 2002 Bruce E. Kasold, of Virginia, to be a Judge of the John R. Adams, of Ohio, to be United States Dis- United States Court of Appeals for Veterans Claims trict Judge for the Northern District of Ohio. for the term of thirteen years. J. Daniel Breen, of Tennessee, to be United States Susan G. Braden, of the District of Columbia, to District Judge for the Western District of Tennessee. be a Judge of the United States Court of Federal Thomas A. Varlan, of Tennessee, to be United Claims for a term of fifteen years. States District Judge for the Eastern District of Ten- Jay S. Bybee, of Nevada, to be United States Cir- nessee. cuit Judge for the Ninth Circuit. Daniel Pearson, of Minnesota, to be a Member of the United States International Trade Commission James C. Dever III, of North Carolina, to be for the term expiring June 16, 2011. United States District Judge for the Eastern District Albert Casey, of Texas, to be a Governor of the of North Carolina. United States Postal Service for a term expiring De- Fern Flanagan Saddler, of the District of Colum- cember 8, 2009. bia, to be an Associate Judge of the Superior Court James C. Miller III, of Virginia, to be a Governor of the District of Columbia for the term of fifteen of the United States Postal Service for the term ex- years. piring December 8, 2010. Richard A. Griffin, of Michigan, to be United Michael D. Ellerbe in the Army to be Colonel. States Circuit Judge for the Sixth Circuit. Michael H. Gamble in the Marine Corps to be S. James Otero, of California, to be United States Lieutenant Colonel. District Judge for the Central District of California. Franklin McLain in the Marine Corps to be Lieu- Robert A. Junell, of Texas, to be United States tenant Colonel. District Judge for the Western District of Texas. Jeffrey L. Miller in the Marine Corps to be Major. Sandra J. Feuerstein, of New York, to be United Gerald R. Manley in the Navy to be Captain. States District Judge for the Eastern District of New Messages From the House: Pages S11731–32 York. Executive Communications: Pages S11732–35 Richard J. Holwell, of New York, to be United Petitions and Memorials: Page S11735 States District Judge for the Southern District of Additional Cosponsors: Page S11736 New York. Gregory L. Frost, of Ohio, to be United States Statements on Introduced Bills/Resolutions: District Judge for the Southern District of Ohio. Pages S11736–41 Ralph R. Erickson, of North Dakota, to be United Additional Statements: Pages S11727–31 States District Judge for the District of North Da- Amendments Submitted: Pages S11741–70 kota. Privilege of the Floor: Page S11771, S11797 S. Maurice Hicks, Jr., of Louisiana, to be United Adjournment Sine Die: Senate met at 10 a.m., and States District Judge for the Western District of in accordance with S. Con. Res. 160, adjourned sine Louisiana. die at 6:12 p.m., until 12 noon, on Tuesday, January Thomas L. Ludington, of Michigan, to be United 7, 2003 for the convening of the first session of the States District Judge for the Eastern District of 108th Congress. Michigan. William D. Quarles, Jr., of Maryland, to be Committee Meetings United States District Judge for the District of (Committees not listed did not meet) Maryland. Victor J. Wolski, of Virginia, to be a Judge of the TERRORISM FUNDING United States Court of Federal Claims for a term of Committee on the Judiciary: Committee concluded fifteen years. hearings to examine an assessment of the tools need- Glen L. Bower, of Illinois, to be a Judge of the ed to fight the financing of terrorism, after receiving United States Tax Court for a term of fifteen years testimony from Robert J. Conrad, Jr., United States after he takes office. Attorney for the Western District of North Carolina, Department of Justice; Jimmy Gurule, Under Sec- Alan G. Lance, Sr., of Idaho, to be a Judge of the retary of the Treasury for Enforcement; Jonathan United States Court of Appeals for Veterans Claims Winer, Alston and Bird, former Deputy Assistant for the term of thirteen years. Secretary of State, Salam Al-Marayati, Muslim Public Cormac J. Carney, of California, to be United Affairs Council, Allan Gerson, George Washington States District Judge for the Central District of Cali- University, and Nathan Lewin, Lewin and Lewin, all fornia. of Washington, D.C.

VerDate 0ct 31 2002 03:44 Nov 22, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 5627 E:\CR\FM\D20NO2.PT2 D20NO2 November 20, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1183 House of Representatives COMMITTEE MEETINGS FOR THURSDAY, Chamber Action NOVEMBER 21, 2002 The House was not in session today. It will next Senate meet on Friday, Nov. 22 at 11 a.m. No meetings/hearings scheduled. House Committee Meetings Committee on Small Business, hearing on Federal Prison No committee meetings were held. Industries Unfair Competition with Small Businesses: Po- tential Interim Administrative Solutions, including discussion of H.R. 1577, Federal Prison Industries Competi- tion in Contracting Act of 2002, 10:30 a.m., 2360 Ray- burn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, January 7, 2003 11 a.m., Friday, November 22

Senate Chamber House Chamber Program for Tuesday: Senate will convene the first ses- Program for Friday: Pro forma session. sion of the 108th Congress.

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