Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, JULY 26, 2005 No. 103 Senate The Senate met at 9:45 a.m. and was the Department of Defense, for military con- nology Site, Colorado, who would otherwise called to order by the President pro struction, and for defense activities of the fail to qualify for such benefits because of an tempore [Mr. STEVENS]. Department of Energy, to prescribe per- early physical completion date. sonnel strengths for such fiscal year for the Dorgan amendment No. 1426, to express the Armed Forces, and for other purposes. sense of the Senate on the declassification PRAYER Pending: and release to the public of certain portions The Chaplain, Dr. Barry C. Black, of- of the Report of the Joint Inquiry into the fered the following prayer: Frist modified amendment No. 1342, to sup- Terrorist Attacks of September 11, 2001, and port certain youth organizations, including to urge the President to release information Let us pray. the Boy Scouts of America and Girl Scouts Lord of life, high above all, yet in all, regarding sources of foreign support for the of America. hijackers involved in the terrorist attacks of the challenges of our world are great Inhofe amendment No. 1311, to protect the September 11, 2001. and our hands are small. The mystery economic and energy security of the United Dorgan amendment No. 1429, to establish a of life is deep, and our faith falters. States. special committee of the Senate to inves- The temptations of life are intense, and Inhofe/Kyl amendment No. 1313, to require tigate the awarding and carrying out of con- our wills are feeble. an annual report on the use of United States tracts to conduct activities in Afghanistan Lord, guide our steps. Shower Your funds with respect to the activities and man- and Iraq and to fight the war on terrorism. agement of the International Committee of Salazar amendment No. 1421, to rename Senators with enduring blessings. As the Red Cross. the death gratuity payable for deaths of they deal with the swirling winds of Lautenberg amendment No. 1351, to stop members of the Armed Forces as fallen hero change, be their ever present help. Give corporations from financing terrorism. compensation. them patience to trust the unfolding of Ensign amendment No. 1374, to require a Salazar amendment No. 1422, to provide Your loving providence. Give each of us report on the use of riot control agents. that certain local educational agencies shall the wisdom to refuse to deviate from Ensign amendment No. 1375, to require a be eligible to receive a fiscal year 2005 payment under section 8002 or 8003 of the Ele- the path of integrity. report on the costs incurred by the Depart- ment of Defense in implementing or sup- mentary and Secondary Education Act of Lord, today we ask for You to com- porting resolutions of the United Nations Se- 1965. fort the grieving families of the Alas- curity Council. Salazar/Reed amendment No. 1423, to pro- kan Boy Scouts. Collins amendment No. 1377 (to Amend- vide for Department of Defense support of We pray in Your holy Name. Amen. ment No. 1351), to ensure that certain per- certain Paralympic sporting events. Collins (for Thune) amendment No. 1489, to f sons do not evade or avoid the prohibition imposed under the International Emergency postpone the 2005 round of defense base clo- PLEDGE OF ALLEGIANCE Economic Powers Act. sure and realignment. Collins (for Thune) amendment No. 1490, to Durbin amendment No. 1379, to require cer- The PRESIDENT pro tempore led the require the Secretary of the Air Force to detain dietary supplement manufacturers to velop and implement a national space radar Pledge of Allegiance, as follows: report certain serious adverse events. system capable of employing at least two I pledge allegiance to the Flag of the Hutchison/Nelson (FL) amendment No. United States of America and to the Repub- frequencies. 1357, to express the sense of the Senate with Collins (for Thune) amendment No. 1491, to lic for which it stands, one nation under God, regard to manned space flight. prevent retaliation against a member of the indivisible, with liberty and justice for all. Thune amendment No. 1389, to postpone Armed Forces for providing testimony about f the 2005 round of defense base closure and re- the military value of a military installation. alignment. Reed (for Levin) amendment No. 1492, to RESERVATION OF LEADER TIME Kennedy amendment No. 1415, to transfer make available, with an offset, an additional The PRESIDENT pro tempore. Under funds authorized to be appropriated to the $50,000,000, for Operation and Maintenance the previous order, the leadership time Department of Energy for the National Nu- for Cooperative Threat Reduction. clear Security Administration for weapons is reserved. Hatch amendment No. 1516, to express the activities and available for the Robust Nu- sense of the Senate regarding the investment f clear Earth Penetrator to the Army National of funds as called for in the Depot Mainte- Guard, Washington, District of Columbia NATIONAL DEFENSE AUTHORIZA- nance Strategy and Master Plan of the Air chapter. Force. TION ACT FOR FISCAL YEAR 2006 Allard/McConnell amendment No. 1418, to Inhofe amendment No. 1476, to express the The PRESIDENT pro tempore. Under require life cycle cost estimates for the de- sense of Congress that the President should the previous order, the Senate will re- struction of lethal chemical munitions under take immediate steps to establish a plan to sume consideration of S. 1042, which the Assembled Chemical Weapons Alter- implement the recommendations of the 2004 natives program. the clerk will report. Report to Congress of the United States- Allard/Salazar amendment No. 1419, to au- China Economic and Security Review Com- The legislative clerk read as follows: thorize a program to provide health, med- mission. A bill (S. 1042) to authorize appropriations ical, and life insurance benefits to workers Allard amendment No. 1383, to establish a for fiscal year 2006 for military activities of at the Rocky Flats Environmental Tech- program for the management of post-project

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

S8897

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completion retirement benefits for employ- RECOGNITION OF THE MAJORITY LEADER CLOTURE VOTES ees at Department of Energy project comple- The PRESIDENT pro tempore. The Mr. REID. Mr. President, I would, tion sites. majority leader is recognized. through the Chair, ask the distin- Allard/Salazar amendment No. 1506, to authorize the Secretary of Energy to purchase SCHEDULE guished majority leader if the majority certain essential mineral rights and resolve Mr. FRIST. Mr. President, we come leader would agree that we would con- natural resource damage liability claims. back for a final week before our recess tinue on the Defense bill, vitiate clo- McCain modified amendment No. 1557, to with a number of important items, ture on it and the gun bill, and finish provide for uniform standards for the inter- many of which are the culmination of the Defense bill by a time certain, say rogation of persons under the detention of Thursday at 7 o’clock in the evening? the Department of Defense. many months of work. It will be a chal- Warner amendment No. 1566, to provide for lenging week in order to accommodate We would try to work through our uniform standards and procedures for the in- the range of issues. I will mention a amendments. We would have time terrogation of persons under the detention of number of those that will be addressed. agreements on amendments. We would the Department of Defense. I do hope all of our colleagues will con- have the two managers of the bill set McCain modified amendment No. 1556, to sider the importance of addressing each us up so we could vote on these, Repub- prohibit cruel, inhuman, or degrading treat- of these and doing it in a timely way lican and Democratic amendments, ment or punishment of persons under the work through all these. I have a more custody or control of the United States Gov- that respects people’s schedules and ernment. gets us out at the end of this week. It extended statement I am going to give Stabenow/Johnson amendment No. 1435, to is going to be a real challenge, but it in a little bit, if we can’t work some- ensure that future funding for health care can clearly be accomplished if we all thing out on this. I will ask unanimous for veterans takes into account changes in work together in a collegial and civil consent, but I would ask the distin- population and inflation. guished Senator from Tennessee if he Murray amendment No. 1348, to amend the way as we go. This morning we will resume debate would consider a unanimous consent assistance to local educational agencies with agreement that will allow us to finish significant enrollment changes in military on the Defense authorization bill. dependent students due to force structure Under the order, there will be 20 min- this bill by a time certain on Thursday changes, troop relocations, creation of new utes remaining for debate to be used on and, following that, in fact, what I units, and realignment under BRAC. the Collins and Lautenberg amend- think would be most appropriate is we Murray amendment No. 1349, to facilitate ments on contracts. Following that finish the very important Defense bill the availability of child care for the children this week, and the second we get back of members of the Armed Forces on active time, we will proceed to a series of votes. We will be voting on the Collins in September move to the gun legisla- duty in connection with Operation Enduring tion. Freedom or Operation Iraqi Freedom and to amendment. Following that, we will assist school districts serving large numbers vote in relation to the Lautenberg The PRESIDENT pro tempore. The or percentages of military dependent chil- amendment. Following that, we will majority leader. dren affected by the war in Iraq or Afghani- vote in relation to a Boy Scouts Mr. FRIST. Through the Chair in re- stan, or by other Department of Defense per- amendment. That will be followed by a sponse to the Democratic leader, we sonnel decisions. cloture vote on the pending Defense au- laid out a plan at the end of last week Levin amendment No. 1494, to establish a where we can stay on the Department national commission on policies and prac- thorization. If cloture is invoked, we will stay on of Defense authorization bill. We have tices on the treatment of detainees since filed cloture to bring some order to September 11, 2001. the Defense bill until that is com- Hutchison amendment No. 1477, to make pleted, something I am very hopeful we that process. We will have the oppor- oral and maxillofacial surgeons eligible for will be able to do shortly. If cloture is tunity to vote on cloture this morning. special pay for Reserve health professionals not invoked, we would proceed to a clo- I expect cloture to be invoked. We in critically short wartime specialties. ture vote with respect to the motion to should finish the Defense authorization Graham/McCain modified amendment No. bill. I have also made it clear from this 1505, to authorize the President to utilize the proceed to the gun manufacturers liability bill which we also will address desk and on the floor that we are going Combatant Status Review Tribunals and An- to finish the gun manufacturers liabil- nual Review Board to determine the status this week. These cloture votes will of detainees held at Guantanamo Bay, Cuba. allow the Senate to complete these two ity bill before we leave. That makes it Nelson (FL) amendment No. 762, to repeal important measures. challenging because we have the very the requirement for the reduction of certain In addition to that, we have a num- important Department of Defense au- Survivor Benefit Plan annuities by the ber of additional items, including the thorization bill, but we have a plan and amount of dependency and indemnity com- a way to finish that by invoking clo- pensation and to modify the effective date conference report on energy, the conference report on highways, and then ture this morning, finishing with that for paid-up coverage under the Survivor Ben- issue, and then moving directly to the efit Plan. there are a number of appropriations Durbin amendment No. 1428, to authorize conference reports that may become gun manufacturers liability bill. the Secretary of the Air Force to enter into available in addition to these meas- Therefore, I do not believe we need—in agreements with St. Clair County, Illinois, ures. We are looking at the issue on fact, I know we don’t need a unanimous for the purpose of constructing joint admin- Native Hawaiians and a death tax consent agreement in order to accom- istrative and operations structures at Scott issue. We have a lot of work to do in a plish that. So at this juncture we will Air Force Base, Illinois. stay on the plan, the Department of Durbin amendment No. 1571, to ensure that very short period of time. We clearly a Federal employee who takes leave without will be working through Friday of this Defense cloture vote this morning—and pay in order to perform service as a member week and, if it means going into the I expect it would be invoked—finish of the uniformed services or member of the weekend to complete the work, we are that bill and then proceed to the gun National Guard shall continue to receive pay prepared to do that. liability bill. in an amount which, when taken together Mr. REID. Mr. President, I ask with the pay and allowances such individual THE BOY SCOUT JAMBOREE through the Chair if the Senator from is receiving for such service, will be no less Mr. FRIST. Mr. President, very brief- Tennessee, the distinguished majority than the basic pay such individual would ly, I want to mention—I know the Sen- leader, has a statement to make. Oth- then be receiving if no interruption in em- ator from Alaska has a comment—our erwise, I have a statement I am going ployment had occurred. sympathy for the tragic events that to make this morning. Levin amendment No. 1496, to prohibit the have occurred at the Boy Scouts Jam- use of funds for normalizing relations with Mr. FRIST. I do not have a state- Libya pending resolution with Libya of cer- boree. Our thoughts and prayers are ment this morning. Following the tain claims relating to the bombing of the with the many families who have been Democratic leader’s statement, I be- LaBelle Discotheque in Berlin, Germany. affected so directly. We will continue lieve the Senator from Alaska has a Levin amendment No. 1497, to establish to reach out over the course of the day brief statement to make as well. limitations on excess charges under time- for the tragic event that occurred Mr. REID. Mr. President, I heard the and-materials contracts and labor-hour con- there. Senator from Alaska say he needed a tracts of the Department of Defense. Levin (for Harkin/Dorgan) amendment No. RECOGNITION OF THE MINORITY LEADER minute or two. I would be happy, if he 1425, relating to the American Forces Net- The PRESIDENT pro tempore. The wants to do that at the present time, work. minority leader is recognized. to allow the President pro tempore of

VerDate Aug 04 2004 00:31 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.002 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8899 the Senate, the most senior Member of No children were seriously injured, but ‘‘For every kid who ever went to the camp, the Senate, to give a statement. Then about 30 Alaska Scouts saw the accident Scott Powell was the most inspirational and I will give mine. happen some time between 12:30 p.m. and 1 exciting guy that you’ve ever met,’’ said Before the leader leaves the floor, I p.m. Alaska time at Fort A.P. Hill, an Army O’Harra, who attended and worked at Camp base about one hour south of the nation’s Gorsuch. ‘‘When you wanted to be on staff, will use leader time. I don’t think I capital. you wanted to be on staff so you could be on will need to use more than the 10 min- Karl Holfeld, an Anchorage father, said his Scott’s team. He’s the reason a lot of kids utes, but that would push the votes 15-year-old son, Taylor, witnessed the acci- came back to the camp as counselors for back 10 minutes. I think everyone dent. Taylor was on his cell phone talking to years and years.’’ should be entitled to the time they his mother in Anchorage when the accident Jamboree is a decades-old event and one of have. Is that OK with the leader? occurred. the biggest gatherings of Boy Scouts world- ‘‘They all started screaming,’’ Holfeld said. wide. The first, in Washington, D.C., in 1937, Mr. FRIST. Yes. drew more than 27,000 people. Scout officials The PRESIDING OFFICER (Mr. ‘‘He said, ‘Oh my God, oh my God, the tent is on fire, they’re being burned!’ And she told said attendance at this one, the 16th Jam- VITTER). The Senator from Alaska is him to stay away, to not touch anything, be- boree, is expected to top 43,000 Scouts and recognized. cause there could be a live wire.’’ leaders from the United States and 20 coun- BOY SCOUTS JAMBOREE TRAGEDY Paula Call spoke to her husband and others tries. Mr. STEVENS. Mr. President, let me after the accident. The group of men was This is the seventh Jamboree at Fort A.P. Hill, nestled in the rolling hills of Caroline thank the two leaders for their cour- erecting a large tent, like a circus tent, she said. She didn’t know what it was for. County, Virginia. Scouts swarm 3,000 acres. tesy. ‘‘As they got it up, this pole started to lean Within hours on Monday, cadres from var- Last Thursday it was my privilege to and it touched a utility live wire,’’ Paula ious cities and states were expected to stake meet on the Capitol steps with a group Call said. down some 17,000 tents and put up 3,500 pa- of Boy Scouts from my State, 71 young She hadn’t heard about the fire but said trol kitchens. The Scouts who attend are at Scouts and 9 adults, which included 5 her husband suffered electrocution burns on least 12 years old and younger than 18. distinguished Boy Scout leaders. As we his hands, hips and feet. His condition im- Boys at the 10-day event do all things proved during the day and he will recover, Scout-related—from biking to archery to all know, we have heard the news, a kayaking. They earn merit badges and cook tragic accident occurred at Fort A.P. she said. The Calls’ son Kendell, 15, saw the accident many of their own meals. Camp highlights Hill, and four of those leaders have but is too upset to talk about it in detail, include blow-out opening and closing arena passed away. Another is seriously in- Paula Call said. A second son was also there. shows that include Army Rangers para- jured. It has been a shock to the Alas- Witnesses told her Kendell reacted quickly chuting in, fireworks exploding, folks sing- ka community, certainly a shock to to help his father. ing and dancing. President Bush is scheduled the Jamboree. We are working with the Her husband ‘‘was just concerned about the to speak Wednesday night. boys. It was the most horrific thing he Alaska leaders split the kids into two Army. This occurred on an Army base, groups: Troop 711 and Troop 712. They spent and there is a CID investigation going knows they will ever witness,’’ she said. The Scouts were taken from their camp to four days together touring Washington be- on, as well as a Virginia State inves- meet with grief counselors and a chaplain, fore arriving at Jamboree for opening day tigation, to determine the cause of this said Renee Fairrer, director of National Monday. tragedy. Clearly, there are 71 young News and Media for the Jamboree. Several adults from Alaska’s group helped men down there who are very shocked Seventy-one boys and nine adults were put up a large tent. It might have been a and very disturbed over this tragedy. traveling with the Jamboree contingency mess hall for the group or the sleeping quar- ters for the leaders, said Mike Sage, an An- I want to thank the leader for his representing the Western Alaska Council of Boy Scouts of America. Bill Haines, execu- chorage father who chaperoned Alaska comments and the Chaplain for the Scouts at the last Jamboree four years ago. mention of these men in his opening tive director of the council here, said others came from Juneau and Fairbanks. The tent has a large metal pole as its cen- prayer. It is impossible for us to fath- Jamboree leaders are ‘‘the cream of the ter support and also poles at its corners. Men om a tragedy of this sort. In any event, crop,’’ he said. ‘‘They were the best we had.’’ were reportedly holding on to those, Paula I want to say to the Senate and to the Of the men who died, Shibe had two sons at Call said. It’s unclear how the pole came in contact the Jamboree, and Lacroix, who runs an An- Alaskan people we will do everything with the wire. chorage vending machine company, had one we can to help these young men and to ‘‘They either hit the power line with the son in attendance, Haines said. comfort them and make certain they pole, or a truck went by and knocked the Holfeld had known both Bitzer and Shibe are cared for in this period of mourning pole over,’’ Holfeld said. ‘‘Either way, the for years. Shibe and Holfeld earned their pole hit the power line, electrocuted them, the loss of these distinguished Boy Eagle ranks together in the 1970s. set the tent on fire, the tent fell on them, Scout leaders. ‘‘We crossed paths at Scout things all the and they were trapped underneath,’’ with I ask unanimous consent that state- time,’’ Holfeld said. ‘‘They were just phe- Scouts watching. ments that appeared in the Anchorage nomenally effusive and so dedicated to the In interviews and press releases all day, Daily News this morning about this in- youth. They were enthusiastic gentlemen Boy Scout officials referred to the incident cident and from the Washington Post that totally believed in the Boy Scouts and as ‘‘an electrical accident.’’ reporting on the incidents be printed in showed that through their efforts and com- A statement on the official Jamboree Web mitment.’’ the RECORD. site said: ‘‘Our prayers and sympathies are Bitzer and his wife, Karen, had recently with the families of each of the victims. It is There being no objection, the mate- sold their Anchorage home, and Haines said rial was ordered to be printed in the a tragic loss that is shared by everyone in he believes they were preparing to move to the BSA. Counselors and chaplains are at the RECORD, as follows: Reno. He worked a couple of years as a Scout jamboree and available to any Scout or lead- [From the Anchorage Daily News, July 26, executive, Haines said. Bitzer was a retired er. A thorough investigation into this acci- 2005] administrative law judge and an assistant dent is under way.’’ scoutmaster of Troop 129 in Anchorage, said ALASKA SCOUT LEADERS DIE NEAR D.C. Fairrer said Boy Scouts of America is lead- family spokesman Ken Schoolcraft, the (By Katie Pesznecker and Lisa Demer) ing the investigation and working with the troop’s scoutmaster. military. Four Boy Scout leaders were killed in Vir- Bitzer spent years running the Junior People have died or been seriously injured ginia on Monday, the opening day of the or- Leader Training Conference, a summer event before at Jamboree, Fairrer said. But she ganization’s national Jamboree, when a at Camp Gorsuch on Mirror Lake, said Dylan could not recall a catastrophe of this mag- metal tent pole they were holding hit a O’Harra, 19, a former Anchorage Boy Scout nitude. power line and apparently ignited the canvas who went to Bitzer’s program. ‘‘And any time there’s a death, it hurts all tent above them, according to Scout officials ‘‘He was another guy who was dedicated to of us,’’ Fairrer said. ‘‘Within scouting, we and witnesses. spending his time helping Scouts, helping are one big family.’’ Officials late Monday confirmed the lead- kids advance and appreciate the outdoors,’’ Gov. Frank Murkowski said in a statement ers who died are Ron Bitzer, Michael Lacroix O’Harra said. early Monday evening that he was ‘‘very sad- and Michael Shibe of Anchorage and Scott Powell was single and retired last year dened today to learn of the deaths of these Powell, who moved to Ohio last year. after a career in Boy Scouts. He had moved four Scout leaders in such a tragic and unex- A fifth Alaska Scout leader, Larry Call, to Ohio but attended Jamboree at the last pected accident. . . . These individuals were and an unidentified contractor were hos- moment after a boy was unable to go, Haines killed while serving Alaska’s young people, pitalized with injuries, according to Boy said. and I admire and thank them for that serv- Scout officials. Call is being treated at a Vir- Powell had devoted years to Alaska ice.’’ ginia hospital burn unit, said his wife, Paula Scouts, including more than 20 years as pro- The three boys whose fathers died are re- Call. gram director at Camp Gorsuch. turning to Alaska, Haines said.

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.004 S26JYPT1 S8900 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘The other boys who didn’t lose their fa- were meeting with the Scouts from the West- money was being spent by the military thers are going to make a decision with their ern Alaska council. Those Scouts are ‘‘our and the Government generally. It was leaders about what to do.’’ primary concern right now,’’ he said. controversial, but it was debated. Sen- Haines said he did not know whether they ator Truman’s actions carried. [From the Washington Post, July 26, 2005] would stay for the duration of the jamboree, FOUR SCOUT LEADERS DIE IN VA. ACCIDENT which runs through Aug. 3. ‘‘We’re going to What are we doing here today? What (By Karin Brulliard and Martin Weil) do what the troop wants,’’ Fairrer said. are we doing here today? A bill involv- Other Scouts from the general area in FORT A.P. HILL, VA.—Four adult Scout ing 1.4 million active-duty men and leaders from Alaska were killed Monday which the accident occurred appeared to be women serving in uniform for our afternoon at the Boy Scout Jamboree in an taking part late yesterday in planned activi- country and a million Guard and Re- ties. Some were seen setting up cots or read- electrical accident that apparently occurred serve, approximately 2.5 million men when a pole from a tent they were setting up ing. A Scout-run camp radio station inter- rupted its normal broadcast to report the ac- and women serving this country in struck an overhead power line, officials said. Iraq, Afghanistan, Korea, Germany, all Three others, a Scout leader and two con- cident. tract workers, were injured in the accident, Fairrer said the accident was being inves- over the world, a bill that is costing which happened a few hours after the official tigated by the Boy Scouts and the U.S. the American taxpayer during this noontime opening of the jamboree. The gath- Army, which operates the base in Caroline year approximately $450 billion—that ering draws thousands of Scouts every four County, about 10 miles east of Interstate 95 doesn’t count the usual emergency years from across the United States and on Route 301, just south of the Rappahan- supplementals that are not part of this many foreign countries. nock River. She said late Monday that 32,000 Scouts process involving tens of billions of No Boy Scouts were injured. dollars—we are going to spend on this The leaders were from the Anchorage area and an additional 3,500 leaders had assembled and represented the Scouts’ Western Alaska to live for 10 days in what is essentially a bill a few hours. To this point we have Council, an official of that council said. Bill huge tent city on the grounds of the base. not had a single vote on a Democratic Haines said two of those killed and the in- President Bush is scheduled to address the amendment. It is unconscionable to do jured leader had children with them at the gathering Wednesday night. this, to end debate on these amend- jamboree, about 75 miles south of the Dis- The accident, Fairrer said, occurred at the ments that help our country. trict. eastern edge of the campsite, which she esti- ‘‘It’s a very tragic loss for all of us,’’ mated at seven to 10 miles from the fort’s Just a few of them. Concurrent re- Haines said. main gate. The base is about 76,000 acres; the ceipt is something I have worked on The children, he said, were coping. ‘‘They Scouts are using about 5,000. Jamboree rep- with the two managers of this bill for are all being taken care of,’’ he said. resentatives said as many as 17,000 two-man 4 years. What is concurrent receipt? Is Sheriff A.A. ‘‘Tony’’ Lippa Jr. of Caroline tents might be pitched. it important to the military? It abso- County said a preliminary investigation in- The site is supplied with electricity by the lutely is. Prior to the 4 years this Sen- dicated that the pole had struck the power Rappahannock Electric Cooperative, Fairrer line but that authorities had not determined said. The utility last night said it was assist- ate worked on it, a person who retired how it happened. ‘‘We’re not sure if the poles ing in the investigation. from the U.S. military who was dis- shifted,’’ he said. Over the past weekend, some of the Scouts abled could not draw his disability ben- Scout officials gave no details of how the have been in Washington, swarming over the efits and his retirement benefits. If you accident occurred, other than to say that it Mall and through the monuments, a blur of are retired from the military with a was between 4:30 and 5 p.m. while the camp khaki and neckerchiefs and patch-covered disability and you worked at Sears, for the Alaskans was being set up. One per- shoulders. you could draw both, or if you worked Hundreds of buses pulled into the military son with knowledge of jamboree operations, at the Department of Interior, you who spoke on condition of anonymity be- base yesterday to disgorge Scouts by the cause an investigation is underway, con- thousands. Officials said they came from 50 could draw both. But not from the firmed that a tent-support pole touched an states and 20 foreign countries. At least 400 military. We have changed it. We have electric line. Scouts from the Washington region were not changed it enough, but we have After the accident, witnesses saw a slender scheduled to be on hand. changed it a lot and it is helpful. But pole that protruded through the apex of a The jamboree has been held at the military we need to continue to work with these pyramid-shaped tent and appeared to be base since the 1980s. disabled American veterans to get touching one or more overhead lines. The Mr. STEVENS. Again, I thank the them the money they have earned and tent was one of two at the Alaskans’ site Senate and the leaders for their cour- that appeared to be intended for use as a they deserve and which this country is group gathering place rather than for sleep- tesy. obligated, in my opinion, morally to ing. The PRESIDING OFFICER. The mi- pay them. We won’t have an oppor- One of the two light-colored tents appar- nority leader is recognized. tunity to do that on this bill because in ently had been fully erected. The other tent, CLOTURE ON DEFENSE AUTHORIZATION an hour or so cloture will be invoked. where the accident apparently occurred, was Mr. REID. Mr. President, Members Senator NELSON from Florida wants cordoned off with yellow tape. The Scouts heard the colloquy between the distin- who might have stayed in that area had been to offer an amendment authorizing sur- moved. guished majority leader and this Sen- viving spouses to receive both survivor Haines, in a telephone interview from Alas- ator. I ask unanimous consent that the benefit plan annuity benefits and in- ka, said the four men who died ‘‘were leaders time I use not apply to any of the order demnity compensation, and they in the Scouting community, longtime Alas- now before the Senate with regard to should be able to get both. kans. They were very instrumental in the the four votes that are pending. Senator KERRY wants to make per- council’’ It was the first jamboree for one of The PRESIDING OFFICER. Without manent the temporary authority, in- the men. objection, it is so ordered. Lippa said the ages of three of the four cluding the emergency supplemental Mr. REID. I was in Chicago over the were 42, 47 and 58. for dependents of service members who weekend at an event. I talked to a well- All those injured were in stable condition die on active duty to remain in mili- dressed, very articulate man. I didn’t at hospitals, the sheriff said. None of the tary housing for 1 year after the person men’s names was released last night. realize he was as old as he was, but I has been killed in the line of duty. Officials said late last night that they ex- learned later he was 83 years old. His That is not asking too much. We would pected the jamboree to continue but were name is Green. He had served in the like that amendment to be offered. We not certain whether any adjustments to the South Pacific for 3 years during World schedule or participation might be made. want to improve this bill. We are not War II. All those islands we hear so Bob Dries, volunteer chairman of the event’s trying to tear the bill apart. We want much about, he was on all of them, car- national news and media operation, said: ‘‘I to improve it. would expect the jamboree is going to carry rying a rifle, fighting for our country. on. Certainly, our sympathy is with the fam- This morning I thought about Mr. Senator LIEBERMAN and others want ilies. It’s a sad day. The jamboree is about Green. In World War II, do you think to increase the size of the military by kids and having fun.’’ the Senate would have spent a matter 20,000 a year for the next 4 years. I be- Renee Fairrer, director of national news of a few hours on the Defense bill? I lieve in this amendment, but we very and media for the jamboree also said the don’t think so. During World War II, likely will not have the opportunity to event would go on. She said the Alaska con- have that voted on. tingent had been separated from the others. Senator Truman, among others, de- Gregg Shields, a spokesman for the Boy bated very vociferously whether there Senator MURRAY has a childcare Scouts, said chaplains and grief counselors should be an investigation into how amendment that would help members

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.003 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8901 of the U.S. military have their children This work period is ending. We are ready that have been laid down. We taken care of while they are on active going to go home. We are going to have had several others. The last time duty. come back in September. The fiscal cloture was invoked on this bill we had Senator DURBIN has an amendment year is on top of us. We have the Rob- already acted on 80 amendments, after to require Federal agencies to pay the erts nomination that will take a little days and days of debate. That is what difference between military and civil- time on the Senate floor after the Sen- it is supposed to be. And we are not ian compensation for National Guard ate Judiciary Committee completes its asking for days and days. We are say- and Reserve. This is something we very important work. What are the Repub- ing we will finish the bill by Thursday. likely will not have the chance to vote licans afraid of? Today is Tuesday. on. There is more to this than the ad- Mr. DURBIN. Mr. President, will the Senator LEVIN has an amendment ministration simply wanting to cut off Senator yield for a question? that would provide $50 million to coop- debate because of embarrassment to Mr. REID. I am happy to yield to the erative threat reduction to meet the them about talking to these issues. Senator. new opportunity to provide security The Republican leadership is also en- Mr. DURBIN. I would like to clarify upgrades to 15 key Russian nuclear gaged in a very cynical ploy here what we face at this moment. If I un- weapons sites. today. They have pitted the interest of derstand what the minority leader has Last week a report was issued by a very powerful special interest group said to the Senate, we have pending former Secretary Bill Perry that said against this Nation’s security needs. amendments before the Senate on the the No. 1 problem the world faces is Rather than spending the time needed Department of Defense authorization loose nukes. That is what this is all to carefully consider critical national bill which will not survive, are not about. security issues—and I think that is likely to survive, cannot even be con- This is a bill that is so vitally impor- something that again we need to focus sidered because of this procedural deci- tant. It is important in dealing with on, national security issues—the Re- sion by the majority leader, by Senator veterans health care benefits. It is im- publican leadership has decided it is FRIST. And if I understand what the portant in dealing with Guard and Re- more important that the Senate in- Senator from Nevada has said, he has serve, base closure, our war on terror, stead take up gun legislation. I support said that included in the amendments impact of sustained military oper- the legislation, but let’s be realistic which will fall, will not be considered ations to our troops and their families, about this. Legislation that would this week, would be an amendment he detainee abuse. trump the men and women of America wants to offer to help totally disabled Republicans have joined with Demo- who wear the uniform of our country? veterans, an amendment by Senator crats in saying let’s take a look at I don’t think so. I don’t think it is a NELSON of Florida to provide funds for what has gone on with how we treat fair match. No matter how you may the widows and orphans of those who prisoners of war—a bipartisan amend- feel about gun legislation, it is not a die in combat, an amendment by Sen- ment. We can read in any paper in the match to allowing us to proceed on the ator KERRY to provide for housing for 1 United States that last week the Vice Defense bill as we have done tradition- year for the family of a soldier who President of our country had been call- ally in this body. dies in combat, the amendment by Sen- ing people at the White House, Mem- I recognize we have wasted a lot of ator MURRAY to provide childcare for bers of the Senate, to tell them not to time in the Senate, spending one- soldiers’ families when the soldier is do that. Why? What are we afraid of? third—one-third—of the Senate’s time deployed overseas, and my amendment This is an open society. This is the on voting on three judges. Every one of to make up the pay difference for Na- United States. We won’t be able to the people who was made a judge had tional Guard and Reserve who are acti- offer that amendment. Is that why this jobs already. One-third of the Senate’s vated and lose money from their civil- bill is being taken away from us? Be- time was spent on three judges. So I ian pay. And if I understand the Sen- cause the administration has said we know we are crimped for time around ator from Nevada, he is saying these don’t want you to look at what has here because of that. But we are going amendments, these five or six I have gone on in Guantanamo, Abu Ghraib, to take gun legislation and compare it read, we have been told we won’t have and other such places? This majority to the men and women who I visited time to consider this week. leader, apparently under pressure from out at Walter Reed laying in those hos- If I understand the Senator from Ne- this administration, decided we were pital beds. Think of my friend, my new vada, he has said we don’t have time to not going to deal with these important friend, Mr. Green from Chicago, World deal with the totally disabled veterans, issues this year. Rather than putting War II veteran, proud of the service he the widows and orphans of those who our troops and our Nation’s security made to this country. He gave to this fall in combat, and those Guard and first by letting the Senate work its will country. What we are doing here today, Reserve members who are activated, on these important issues, the major- would it ever have happened during we don’t have time for that because we ity leader and this administration de- World War II? No. I think it would be have to move to a bill for the gun cided to prematurely cut off debate. unfortunate if the Senate were to vote lobby, for the National Rifle Associa- It is unheard of to do what is being to end debate today, but this is a position. done here. The hue and cry will go tion individual Senators can pick. I If I understand what the Senator forth from this majority we have here haven’t twisted any arms. Senators can from Nevada says, it is more important saying these awful Democrats are try- do what they want to do. for us to do our best for the gun lobbying to hold up the Defense bill. Hold up What would be the best of all worlds ists in their three-piece suits than for the Defense bill for a couple of days? is we could have a bipartisan opposi- the men and women in uniform who are We believe we have an obligation, we tion to this invocation of cloture fighting and dying for our country. Democrats believe we have an obliga- today. That is what should happen. That seems to me to be the agenda and tion to face difficult issues and not run There should be a revolt by my friends the priority of the majority leader who from them, including the embarrass- on the Republican side to cut off de- has come to the floor today. ment of what went on in our prisons at bate on this bill at this time. Is that my understanding of what the Guantanamo and Abu Ghraib. We be- This is an embarrassment to this Senator from Nevada has said? lieve it is important to deal with weap- body. It should be an embarrassment to Mr. REID. I say through the Chair to ons of mass destruction in this bill. Un- the majority. This is something that is the distinguished Senator from Illinois, fortunately, that is precisely the going to be around for a long time. yes. We have been reasonable. I believe choice the majority leader is forcing What is going to be around for a long there is no jury you could have in the this body to make today. If we do not time is how we have been treated on world that would think we are doing invoke cloture on this bill and forego this legislation. Who is we? The Amer- other than the right thing, asking for a our right to offer these important ican people. couple days to improve a bill that will amendments, the bill is gone. We are I have only mentioned a few. I don’t give benefits to 21⁄2 million Americans not going to be able to take these know how many amendments we have serving in uniform and a bill that is things up. pending—probably 30 amendments al- going to cost the taxpayers $450 billion

VerDate Aug 04 2004 00:31 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.006 S26JYPT1 S8902 CONGRESSIONAL RECORD — SENATE July 26, 2005 in 1 year. We want to spend a couple out at midnight, if he decides to con- I yield for a question from my distin- days on this bill and we are not being tinue on the gun legislation, that we guished chairman of the Armed Serv- allowed to because the administration can in the few hours do the Energy ices Committee. is pushing them and the gun lobby is conference report, Interior conference The PRESIDING OFFICER. The Sen- pushing them. report, highway conference report, leg- ator from Virginia. Look, I am not opposed to everything islative branch conference report, and Mr. WARNER. Mr. President, I thank the administration does. I am not op- whatever else is available. my distinguished friend and Demo- posed to everything the gun lobby does. The time spent on judges has put this cratic leader. I ask a very narrow ques- But I am opposed to what the adminis- Senate in a real difficult position, not- tion. He has pointedly raised three or tration is doing in this instance and withstanding that the majority leader four amendments that address the ben- the gun lobby in this instance because promised the Senators from Hawaii efits that could go to veterans or ac- it is wrong for the people of our coun- they can do the Native Hawaiian bill. tive. try. I want everyone to understand what The Senator from Nevada has been a Mr. DURBIN. I ask further if I could they are walking into. The best would leader every year that this bill has ask a question of the Senator from Ne- be to defeat cloture. Senators from the been brought up on a variety of issues, vada through the Chair. Is it my under- majority side should join with us to de- and no one takes the place to his fervor standing the Senator from Nevada feat cloture, finish the bill in the ordi- in trying to provide particularly for came to the floor and gave the Repub- nary course, and do whatever would the concurrent receipt legislation. But lican leader his assurance that these come naturally after that, which would I have to say to my good friend, and amendments would be considered in a be a motion to proceed to the gun li- my question is, am I not correct that timely fashion and that we would agree ability legislation. this bill came up Wednesday night, and that this bill, the Department of De- Ms. STABENOW. Mr. President, will Senator LEVIN and I were on the Sen- fense authorization bill, would be the Senator yield for a question? ate floor into the evening, this bill was passed from the Senate this week, no Mr. REID. Yes, I yield for a question. on the floor Thursday right up until Mr. WARNER. Will the Senator yield later than Thursday evening, in plenty early evening and again Friday morn- of time so that it will be there for the for a question? Mr. REID. I have yielded to the Sen- ing? Every one of those bills—concur- administration and for the conference ator from Michigan. rent receipts, I remember specifically committee to consider, so there would The PRESIDING OFFICER. The Sen- asking Senator NELSON of Florida: be no delay, so we could take up in a ator from Michigan. Could you not bring up that bill early? timely fashion amendments to help the Ms. STABENOW. Mr. President, let He said: No, I am going to wait until totally disabled veterans, amendments me raise an issue and ask a question. Tuesday. That is all he said. to help the widows and orphans of We have spent time in this Chamber I have to say, I believe I am correct those who have fallen in combat, trying to address an immediate short- that all of those pieces of legislation amendments to help the Guard and Re- fall in veterans health care funding. that were mentioned could have been serve when they are activated so their Senator MURRAY has brought this to brought up Wednesday, Thursday, Fri- families can stay together? Did the our attention. We have yet to see this day, and addressed by the Senate. Senator from Nevada give that assur- resolved. We have gone back and forth Mr. REID. Mr. President, I say to my ance to the Republican leader, Senator about whether we are going to provide distinguished friend, I have sat side by FRIST, that we are not trying to delay adequate funds now for our veterans. side with him in the Environment and this unreasonably but want to move it Is it not true that one of the amend- Public Works Committee for many through quickly, consider these amendments—and I know this is true because years now and have the greatest re- ments in a timely fashion, vote up or I offered an amendment that would ad- spect for him. In this instance, he is down and move to final passage this dress this situation long term—where just absolutely wrong. week? instead of coming back and forth con- On Wednesday, this bill was taken up Mr. REID. The answer is yes. I also stantly trying to figure out whether we late in the afternoon, with time for say, Mr. President, so there is no prob- are going to have the veterans funding opening statements. On Thursday, lem later on, so everyone understands year to year so our veterans do not there were no votes after 6 o’clock in the quandary we are in—but we didn’t stand in lines, wait months to see a the evening. Friday, no votes. Monday, get us there, we didn’t spend a third of doctor, and not receive what they need, no votes. As has been mentioned here our time on three judges—here is the isn’t it also the understanding of the on the floor of the Senate by me, quandary we are in. As I understand Democratic leader that my amendment among others, on many different occa- the rules, if cloture is invoked on the that would address permanently the sions, we cannot have work done here Defense authorization bill, we will fin- issue of veterans funding, therefore when we cannot have votes on amend- ish it sometime Wednesday evening. guaranteeing that when our brave men ments. Fridays have become no-work Then there will be a vote that will and women come home from the wars, days. If there are no votes, we do not occur automatically on the gun han- end their service, and become veterans, get anything done here. So I say to my dling bill legislation and then there that they would be assured we will distinguished friend, I don’t know when will be 30 hours to debate the motion keep our promise to them as it relates they should have offered amendments. to proceed on the gun legislation. Sen- to full funding of veterans health care, I don’t know when Senator NELSON ator REED from Rhode Island has told is it the Senator’s understanding that should have offered them. The point is, me he wants to use all that 30 hours, he this amendment would also fall, we we have said we will finish this bill by or some combination of Senators, so would not have the opportunity to ad- Thursday at 7 o’clock. Pretty good that will end sometime around mid- dress this issue in this bill? time. It would give us today, tomor- night on Thursday. And then if the ma- Mr. REID. Mr. President, we have row, and Thursday to complete this jority leader wants to continue the been told that this amendment would bill. This would be far shorter than the presentation of the gun legislation, fall. This amendment, which has al- time we normally spend on this bill. there would have to be cloture filed ready been filed, would fall Tuesdays, Wednesdays, and Thursdays again for a Saturday vote or maybe postcloture. People would not have an is when we vote around here. I think even have a Friday vote if he does it opportunity to vote on this amend- we should vote on Fridays and Mon- Friday before midnight, and then there ment. days, but we do not. The Monday vote is another 30 hours to go forward on I will also say, one of the points I is a meaningless vote, in my opinion, the gun legislation. And during that mentioned during my statement is the to get people back here. period of time no other business can be Interior bill is coming up. We promised Mr. LEVIN. Will the Senator yield conducted. that would come up before we leave be- for a question? I have spoken with the majority lead- cause there is $1.5 billion in that bill Mr. REID. I will be happy to yield. er about this issue. There will be a for veterans’ benefits for this fiscal Mr. LEVIN. Is it not also true that small window of time on Wednesday be- year because they have been so short- these amendments, plus many others, tween whatever time the 30 hours runs changed. have been offered, and people would

VerDate Aug 04 2004 00:31 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.008 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8903 have been perfectly happy to have goals that both the Senator from New erous and extraterritorial application votes on them if they were permitted, Jersey and I share. of our sanctions laws. We must not but votes were not permitted, so they Let me try to frame the choice that choose that path. had to be temporarily laid aside so oth- is now before our colleagues. There is a very real problem here ers could be offered? But the idea that We have before the Senate two pro- with some American companies ex- those people who offered those amend- posals designed to extend the reach of ploiting an exception that is in the cur- ments would not have been happy to U.S. law, specifically the International rent law, but I believe that the pro- have votes on those amendments is not Emergency Economic Powers Act, or posal I have advanced would greatly right. IEEPA, to cover companies doing busi- strengthen our laws, would provide new Mr. REID. I say to my friend through ness with countries covered by U.S. tools for enforcement, and would enor- the Chair, not only is it true that those sanctions laws. mously increase penalties for viola- amendments have been filed, they were Let me explain what my proposal tions. required by the rules of the Senate to would accomplish. It does four things. It would make crystal clear that a have been filed because there was a 2 First, it would extend IEEPA to pre- U.S. company is prohibited from in any o’clock cutoff for the amendments to vent U.S. companies from trying to way approving, facilitating or financ- be filed. evade the law by moving operations ing actions of a subsidiary that would Mr. LEVIN. And are pending; is that overseas. be illegal under the sanctions law. correct? Second, my amendment would pro- I reserve the remainder of my time. Mr. REID. Yes. I don’t know how hibit U.S. companies from approving, The PRESIDING OFFICER. The Sen- many. facilitating, or financing actions that ator from New Jersey is recognized. Mr. LEVIN. Over 40. are illegal under IEEPA. Mr. LAUTENBERG. Mr. President, I Mr. REID. In addition to that, I Third, it ratchets up the penalties for extend my thanks to the Senator from think there are a couple hundred violations of the law from $10,000 per Maine for her graciousness, in terms of amendments filed by both sides. As civil violation and $50,000 per criminal describing an effort we are both very much interested in, in solving a prob- happens here, with the cooperation of violation to $250,000 and $500,000 respec- lem that exists before us. Very soon, these two fine managers, we work down tively. the number of these amendments and And fourth, it ensures that the Treas- the Senate is going to vote on the two amendments, both of them aimed at only go to the most important ones. ury Department has the subpoena foreign subsidiaries doing business That is what we said we would do. I power it needs to enforce the new sanc- with terrorist nations. But only one of think it is a shame that we are going tions. these amendments—and it may not to be taken off this bill in about an Let me explain what it would not do. come as a surprise, mine—gets the job hour. It is not good for this body, it is Most important, my proposal would certainly not good for this country, completely done. not jeopardize our working relation- I have great respect for the Senator and it is certainly not good for the 2.5 ships with key allies by attempting to from Maine. She works very hard to million people we respect so much who assert U.S. jurisdiction on companies chair a committee on which I sit, the serve our military. that operate and are incorporated else- Homeland Security and Governmental AMENDMENT NO. 1377, AS MODIFIED where. Affairs Committee, and accomplishes a The PRESIDING OFFICER. Under Second, it will not provide yet an- lot. But unfortunately, in this case, the the previous order, there will be 20 other incentive for American compa- amendment she offered will not close minutes equally divided between the nies to move their jobs overseas the loophole we are concerned about, Senator from Maine, Ms. COLLINS, and through corporate inversions. nor will it stop American businesses the Senator from New Jersey, Mr. LAU- These are the main problems with from doing business with terrorist na- TENBERG. the approach of my colleague from New tions such as Iran. The Senator from Maine. Jersey. Again, I emphasize that I share It recognizes the seriousness of the Ms. COLLINS. Mr. President, the the same goal as my colleague from problem but unfortunately, as it is pre- Senator from New Jersey has shed New Jersey, and I salute him for focus- sented, does not solve the problem. much needed light on a disturbing ing much needed attention on a very Iran is one of the world’s largest state problem, and that is the improper use real problem. sponsors of terrorism. Nobody doubts of foreign subsidiaries by U.S. firms to Let me explain further. My col- that. Every year, the Iranian Govern- conduct business in certain rogue na- league’s amendment attempts to im- ment funnels tens of millions of dollars tions where they might otherwise be pose sanctions on businesses operating to Hamas and Hezbollah and Islamic barred from doing business by U.S. and incorporated in foreign countries. Jihad, to name a few. These organiza- sanctions laws. So, for example, if a U.S. firm has a tions turn around and use that money Like the Senator from New Jersey subsidiary in Great Britain, my col- to murder Americans and others who who has been a real leader on this league’s amendment proposes to extend are trying to live their lives. No Amer- issue, I have been very disturbed to U.S. law to that subsidiary, even if ican company should be permitted to read of allegations that foreign subsidi- U.S. law is inconsistent with British help them in any way, either directly aries of some of the best known Amer- law. or with a sham corporation. ican corporations have been conducting This is a dangerous and imperious ap- Iran also uses its oil revenues to fund operations in countries such as Iran proach to foreign policy. If other coun- its nuclear weapons program. Once and Syria, even though U.S. sanctions tries tried to impose similar rules on again, through sham corporations, laws prohibit their U.S. parents from us, imagine how we would respond. For American companies are helping them doing so directly. There are allegations example, imagine if Saudi Arabia tried develop those oil revenues. Revenues, that some of the subsidiaries in ques- to impose criminal and civil penalties for what purpose? The purpose is to at- tion are not even real companies but, on a Saudi firm’s U.S. subsidiary oper- tack our people and other innocents rather, they are shell corporations that ated and incorporated under the laws across the world. That is why we do were created just for the purpose of of our country because that firm was subject Iran to one of the strongest evading the law. doing business in Israel, or imagine if sanction regimes that we have. But These reports highlight that our Germany attempted to impose sanc- some American companies exploit a sanctions laws are not as tough and as tions on a German firm’s American loophole in our sanctions laws. They go effective as they should be. In seeking subsidiary, again operating here under offshore, open a sham foreign sub- a solution to this problem during the our laws and regulations, for not meet- sidiary and use that foreign subsidiary past year, I have consulted extensively ing German labor laws that are incon- to do business with the Iranian regime with the Treasury Department, the sistent with our laws. with impunity and help create profits State Department, and other experts. Moreover, my colleague’s amend- for them to be used for any purpose It turns out to be very complicated and ment would create the perverse incen- they choose. presents a technical set of legal and tive for American firms to invert or This has to stop. In the past, I be- foreign policy issues to accomplish the move overseas in order to avoid the on- lieve the Senator from Maine agreed

VerDate Aug 04 2004 00:31 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.010 S26JYPT1 S8904 CONGRESSIONAL RECORD — SENATE July 26, 2005 with me that this has to stop. In fact, citizens, we have to shut down this I reserve the remainder of my time. last year she supported my amend- source of terrorist funding. The PRESIDING OFFICER. The Sen- ment. So I am hopeful that she will I again restate my intent. My intent ator from New Jersey. once again vote for my amendment. I is to support the Collins amendment Mr. LAUTENBERG. How much time am going to vote for hers. because it does open our eyes a little remains? I want to be clear. I have no objec- bit further to the problem. But I hope, The PRESIDING OFFICER. The time tion to the Collins amendment, and I if we really want to solve this problem, of the Senator from Maine is expired. am going to vote for it, as I said, as a the Lautenberg amendment is the one The Senator from New Jersey is recog- signal that we must do something to that will finally be voted for. nized. stop supporting these avowed enemies I yield the floor. Mr. LAUTENBERG. I appreciate that of America. The Collins amendment is The PRESIDING OFFICER. The Sen- clarification. not a bad amendment, but it only codi- ator from Maine is recognized. I ask the Senator from Maine, under fies existing regulations that, frankly, Ms. COLLINS. Mr. President, again I your amendment, is it possible for a are not enough. It confirms what we commend the Senator from New Jersey foreign subsidiary owned and con- have now and permits companies to es- for focusing attention on what is a trolled by a U.S. company to do busi- cape sanctions. very real problem, and that is that the ness with Iran? In the case of Cuba, we do not allow, current law is not tough enough and Ms. COLLINS. Mr. President, if the any American company to use a sham there are reports that subsidiaries of Senator would yield from his time, I to do business there. We ought not per- some very well-known American cor- would be happy to answer that ques- mit Iran to do the same things. porations are doing business in states tion. If we want to close this loophole, my where U.S. sanctions laws apply. But I Mr. LAUTENBERG. I respect the amendment is the only one that ac- think when you deal with this area, Senator from Maine and do allow time complishes it. Under the Collins you need to be very careful to not craft for an answer, if it is a short answer, amendment, the scenario on this a proposal that has unintended con- please. placard is still possible. Here is a U.S. sequences. Ms. COLLINS. Mr. President, under Moreover, my colleague’s amend- corporation. Here is a foreign sub- my amendment, it is very clear that an ment does not do what the Treasury sidiary of the U.S. corporation. They American parent could not in any way Department’s Office of Foreign Asset can do business with Iran, who then be involved in a subsidiary’s decision Control, OFAC, has specifically named sends funds to Hezbollah, Hamas, and to do business in a prohibited nation. It as the legislative step that would be of could not approve it. It could not fa- other terrorist organizations. They most benefit to them, and that is sub- have their subsidiaries operating in stantially increasing the penalties in cilitate it. It could not direct it. It also other places. But they should not have the current law. could not set up a subsidiary for the subsidiaries that are allowed to do My proposal would do that. Senator purpose of evading the law. Mr. LAUTENBERG. If the Senator business in this way. LAUTENBERG does not include increases We want to strengthen existing law. in the penalties. would yield for a question on my time. The way we do it is to explicitly say In addition, my proposal explicitly Can a subsidiary do business with Iran? that any foreign subsidiary, controlled grants the Treasury statutory sub- Ms. COLLINS. The subsidiary could by an American company, must obey poena power to ensure that it has all of not do business if it were in any way our sanctions. the enforcement tools it needs. directed to do so, approved, financed, The senior Senator from Michigan But let me go back to the underlying in any way, by the American parent. pointed out last week that the stand- issue. The Collins amendment would be The language is very clear on that. ard we have, the sanctions standard, very specific in barring any action by a Mr. LAUTENBERG. I think the con- already applies to foreign subsidiaries U.S. firm in approving, facilitating or clusion is in error. Rather than have that do business in Cuba. I repeat what providing financing for any action by the debate about the precision with I said before. My amendment simply its foreign subsidiary that would be un- which the Collins amendment is drawn, applies the same rules to terrorist lawful for the parent company to en- I point out two things. AIPAC and the states such as Iran. gage in. Cuban American National Foundation I ask my colleagues, is fighting al- It would also prevent U.S. companies support my amendment. That is very Qaida really less important than fight- from evading the law by setting up a specific. ing Castro? If you vote no on this subsidiary overseas, a shell corpora- In the reference used about a Saudi amendment, that is what you are say- tion. So I think the proposal that I company doing business with Israel, ing. have set forth greatly strengthens the Saudi Arabia already boycotts Israel, My amendment is simple and current law. so that question is taken care of. straightforward. It makes clear we will We do not, however, want to create a I fail to see, I must say, why we are not allow foreign subsidiaries of U.S. perverse incentive that would encour- going through these gyrations explain- companies to provide funds to Iran. It age American companies to invert and ing a perverse effect when, in fact, is common sense. That is why a con- reincorporate overseas, and I fear that what I want to do is stop any—by the servative group, the Center for Secu- could well be the result of the amend- way, the practice is taking place, cur- rity Policy, supports my amendment. ment of Senator LAUTENBERG. rently. Frank Gaffney, who is president of the I am concerned about something else, What the Senator from Maine has Center for Security Policy, said in the and I have given these examples. We done is codify regulation. I want to Washington Times today: don’t want to open the door to foreign stop any possibility for a sham cor- If the Senate is serious about truly closing governments trying to impose on the poration that wants to evade our laws this loophole, it must adopt the Lautenberg American subsidiaries of firms incor- to do business. That is where we are. amendment. porated in their countries, their coun- I hope my colleagues will support my That is from Frank Gaffney, presi- tries’ laws. amendment. dent of the organization. Let me give the example again. What The PRESIDING OFFICER. All time We have to stop U.S. companies from if the Saudi Government tried to im- has expired on the amendment. doing business with terrorists when pose a restriction on doing business in Mr. LAUTENBERG. I ask for the they intend to murder innocent Ameri- Israel on the American subsidiary of a yeas and nays. cans. I ask my colleagues, please sup- Saudi firm? We would be outraged The PRESIDING OFFICER. Is there a port my amendment. Families across about that. sufficient second? There is a sufficient this country do what they can to pro- This proposal raises many complex second. tect their loved ones and we can do no technical questions, and that is why The yeas and nays were ordered. less. Every day we wait to close this the Treasury Department and the The PRESIDING OFFICER. The first loophole, more and more money flows State Department have urged caution question is on the amendment of the into the hands of terrorists. For the and much prefer the approach em- Senator from Maine. sake of our troops, for the sake of our bodied in the Collins amendment. The clerk will call the roll.

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.011 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8905 The assistant legislative clerk called yeas and nays have been ordered. The continues to provide the Scouts the the roll. clerk will call the roll. type of support it has lawfully provided Mr. MCCONNELL. The following Sen- The assistant legislative clerk called in the past, to include supporting the ator was necessarily absent: the Sen- the roll. Scouts at their jamborees. ator from Idaho (Mr. CRAIG). Mr. MCCONNELL. The following Sen- In this context, I thank Senator DUR- Mr. DURBIN. I announce that the ator was necessarily absent: the Sen- BIN for helping to refine the amend- Senator from West Virginia (Mr. ator from Idaho (Mr. CRAIG). ment’s language to provide flexibility ROCKEFELLER) is necessarily absent. Mr. DURBIN. I announce that the to the agencies that provide like sup- The PRESIDING OFFICER (Mr. Senator from West Virginia (Mr. port. SUNUNU). Are there any other Senators ROCKEFELLER) is necessarily absent. This amendment also ensures the The PRESIDING OFFICER. Are there in the Chamber desiring to vote? Scouts have equal access to public fa- any other Senators in the Chamber de- The result was announced—yeas 98, cilities, forums, and programs that are nays 0, as follows: siring to vote? The result was announced—yeas 47, open to other youth and community [Rollcall Vote No. 202 Leg.] organizations. Boy Scouts, like other YEAS—98 nays 51, as follows: [Rollcall Vote No. 203 Leg.] nonprofit organizations, depend on the Akaka Dole Martinez YEAS—47 ability to use public facilities and par- Alexander Domenici McCain ticipate in these programs. Allard Dorgan McConnell Akaka Ensign Lieberman Allen Durbin Mikulski Baucus Feingold Lincoln The Scouts are a youth organization, Baucus Ensign Murkowski Bayh Feinstein Mikulski well known to every Member of this Bayh Enzi Murray Biden Harkin Murray body, that is committed to developing Bennett Feingold Nelson (FL) Bingaman Inhofe Nelson (FL) Biden Feinstein qualities such as patriotism, integrity, Nelson (NE) Boxer Inouye Nelson (NE) Bingaman Frist honesty, and other values in our Na- Obama Byrd Jeffords Obama Bond Graham Pryor Cantwell Johnson Pryor tion’s boys and young men. The amend- Boxer Grassley Reed Carper Kennedy ment by the distinguished majority Brownback Gregg Reed Reid Clinton Kerry Bunning Hagel Reid leader makes that goal clear. Roberts Conrad Kohl Burns Harkin Salazar As such, the amendment of the ma- Salazar Corzine Kyl Burr Hatch Sarbanes Santorum Dayton Landrieu jority leader also makes clear that Byrd Hutchison Schumer Sarbanes Dodd Lautenberg Congress believes the Boy Scouts Cantwell Inhofe Stabenow Schumer Dorgan Leahy Carper Inouye Durbin Levin Wyden should be treated the same as other na- Chafee Isakson Sessions tional youth organizations. Chambliss Jeffords Shelby NAYS—51 Smith I hope that all of my colleagues will Clinton Johnson Alexander DeMint McConnell Snowe join the 50-plus cosponsors of this legis- Coburn Kennedy Allard DeWine Murkowski Specter Cochran Kerry Allen Dole Roberts lation and vote with me and other sup- Coleman Kohl Stabenow Bennett Domenici Santorum porters of Scouting. Collins Kyl Stevens Bond Enzi Sessions Sununu Yesterday, July 25, tens of thousands Conrad Landrieu Brownback Frist Shelby of Scouts from around the country Cornyn Lautenberg Talent Bunning Graham Smith Corzine Leahy Thomas Burns Grassley Snowe began arriving at Fort A.P. Hill in Vir- Crapo Levin Thune Burr Gregg Specter ginia. Tennesseans, such as Bill and Dayton Lieberman Vitter Chafee Hagel Stevens Diane Goins from Soddy Daisy, TN, Voinovich DeMint Lincoln Chambliss Hatch Sununu have traveled great distances to par- DeWine Lott Warner Coburn Hutchison Talent Dodd Lugar Wyden Cochran Isakson Thomas ticipate. Vote for this amendment and NOT VOTING—2 Coleman Lott Thune let them know that Congress wants the Collins Lugar Vitter Pentagon’s support to the Scouts at Craig Rockefeller Cornyn Martinez Voinovich their jamborees to continue. Crapo McCain Warner AMENDMENT NO. 1351 Let’s also let them know that not The PRESIDING OFFICER. At this NOT VOTING—2 only is Defense Department participa- time, there will be 2 minutes equally Craig Rockefeller tion helpful to the Scouts, it is also divided on the Lautenberg amendment, The amendment (No. 1351) was re- beneficial to the training of our armed amendment No. 1351, on which the yeas jected. forces. and nays have been ordered. Ms. COLLINS. I move to reconsider Mr. President, I urge all of my Sen- The Senator from New Jersey. the vote. ate colleagues to vote for the young Mr. LAUTENBERG. Mr. President, Mr. WARNER. I move to lay that mo- boys and girls who are following in the we have just had a vote on the Collins tion on the table. worthy Scouting tradition. A vote for amendment that confirms we have a The motion to lay on the table was this amendment is a vote for them. problem. There is no denying there is a agreed to. Mr. DURBIN. Mr. President, as I problem out there, but there is only The PRESIDING OFFICER. The Sen- noted earlier when the majority leader one way to solve it; and that is to say ator from Virginia. offered this amendment, I support the that any American company cannot Mr. WARNER. Mr. President, will the Boy Scouts, Girl Scouts, and other form a sham corporation and do busi- Chair advise the Senate as to the pend- youth organizations. The Frist amend- ness with Iran as is presently being ing business. ment seeks to ensure that government done. We do not permit it in Cuba, and AMENDMENT NO. 1342, AS MODIFIED resources are not arbitrarily denied to we should not permit it in any other The PRESIDING OFFICER. Under youth organizations, while, at the place in the world. So I hope now I will the previous order, a vote will now same time, not limiting judicial review get the same kind of support we have occur on the Frist amendment No. 1342. of the constitutionality of government just seen because we want to cure the There will now be 2 minutes equally di- actions. problem. This is the best way to do it. vided for debate. This will be a 10- The PRESIDING OFFICER. Who minute vote. The subsequent cloture I want to thank the distinguished seeks time in opposition? vote that has been scheduled will also majority leader for working with me to The Senator from Maine. be a 10-minute vote. address my concerns regarding section Ms. COLLINS. Mr. President, I re- Who seeks time? 2, in which his amendment had pro- spect the intentions of my colleague The Senator from Virginia. vided a guaranteed funding level for from New Jersey, but his proposal is Mr. WARNER. Mr. President, on be- youth organizations. overbroad. It is strongly opposed by half of the majority leader, who is par- Together, we now have added flexi- the administration. I urge opposition ticipating in a ceremony in the Ro- bility to address cases where youth or- to the Lautenberg amendment. tunda, the Support Our Scouts Act of ganizations no longer deserve the fund- Mr. President, I yield back the re- 2005—and I am a cosponsor—is a very ing level they had previously received. mainder of my time. important piece of legislation, particu- For example, if a youth organization is The PRESIDING OFFICER. All time larly in the wake of the tragic events convicted of a criminal offense or a having been yielded back, the question that occurred last night. It will help senior officer of a youth organization is is on agreeing to the amendment. The ensure that the Defense Department convicted of a criminal offense relating

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.013 S26JYPT1 S8906 CONGRESSIONAL RECORD — SENATE July 26, 2005 to his or her official duties, under this and over 40 current Members of the Without objection, the Senator from modification, the head of a Federal Senate. Michigan is recognized. agency would be able to waive the Today, more than 3.2 million youths Mr. LEVIN. Mr. President, we sup- guaranteed funding level. Federal and 1.2 million adults are members of port this amendment, as modified. It agencies also would have the ability to the Boy Scouts and Scout organiza- has been modified to address a problem waive this funding level if the youth tions such as the Tiger Cubs and Cub it had which did not relate to the Boy organization is the subject of a crimi- Scouts. Scouts but which had to do with the nal investigation relating to fraudulent These Americans are all dedicated to wording which made it overly broad. use or waste of Federal funds. It is my fulfilling the Boy Scouts’ mission of in- The language clearly depends upon an expectation that Federal agencies will stilling in our young people solid val- appropriate agency making either a use ths discretion wisely. ues such as honesty, integrity, patriot- grant or an appropriation. We support Our modification also clarifies that ism, and character. the amendment. We thank Senator the support that a Federal agency is The Support Our Scouts Act of 2005 DURBIN, particularly, for his modifica- required to provide youth organiza- will help ensure that the Defense De- tion. tions is subject to the availability of partment continues to support the The PRESIDING OFFICER. Without appropriations, which Congress can re- Scouts, as it has lawfully done for objection, all time is yielded back. visit each year. years, including the summer National Mr. WARNER. Mr. President, I ask I also want to take this opportunity Scout Jamboree. for the yeas and nays. to reaffirm the importance of our Na- This amendment also ensures the Is there a sufficient second? tion’s strong tradition of religious lib- Boy Scouts have equal access to public There appears to be a sufficient sec- erty, our tolerance of the religious be- facilities, forums, and programs that ond. liefs of all people, and our respect for are open to a variety of other youth or All time having been yielded back, those who do not believe in God or a community organizations. the question is on agreeing to amend- higher authority. This amendment re- Boy Scouts, like other nonprofit ment No. 1342, as modified. The clerk spects the significance of religious lib- youth organizations, depend on the will call the roll. The legislative clerk called the roll. erty by not limiting the jurisdiction of ability to use public facilities and par- Mr. MCCONNELL. The following Sen- Federal courts in determining the con- ticipate in these programs and forums. ator was necessarily absent: the Sen- stitutionality of government support My amendment ensures the Scouts ator from Idaho (Mr. CRAIG). have fair and equal access to these fa- for youth organizations. Mr. DURBIN. I announce that the cilities. Therefore, I support this amendment, Senator from West Virginia (Mr. as modified. My amendment also makes clear that ROCKEFELLER) is necessarily absent. Mr. FRIST. Mr. President, yesterday, the Congress regards the Boy Scouts to The PRESIDING OFFICER (Mr. tens of thousands of Scouts began ar- be a youth organization and that the BURR). Are there any other Senators in riving at Fort A.P. Hill in Virginia to Boy Scouts—and the Girl Scouts— the Chamber desiring to vote? attend the National Scout Jamboree. should be treated the same as other na- The result was announced—yeas 98, Held every 4 years at the Army base, tional youth organizations. nays 0, as follows: I hope that all of my colleagues will the jamboree draws Scouts, leaders, [Rollcall Vote No. 204 Leg.] and volunteers from around the world. join the 50-plus cosponsors of this legis- YEAS—98 The Scouts will spend the next 10 lation and vote with me and other sup- days participating in outdoor activities porters of Scouting. Akaka Dole Martinez Alexander Domenici McCain like archery; fishing; and geocoaching, I want to thank Senator DURBIN for Allard Dorgan McConnell a GPS-based scavenger hunt. helping to refine the amendment’s lan- Allen Durbin Mikulski One Scout told the Washington Post: guage. The Durbin modification will Baucus Ensign Murkowski Bayh Enzi It’s just a lot fun. There’s so much to do allow agencies to waive the ‘‘manda- Murray Bennett Feingold Nelson (FL) here. You get to see so many people from all tory floor of support’’ included in my Biden Feinstein Nelson (NE) around and they have all sorts of activities. proposal—but not necessarily the sup- Bingaman Frist Obama For the local community, the jam- port itself—if some senior officer of a Bond Graham Pryor Boxer Grassley Reed boree has been a great financial boost. youth organization or the organization Brownback Gregg Reid Bunning Hagel Just this year alone, the event has itself is convicted of a serious criminal Roberts Burns Harkin pumped $26 million into the commu- offense. Salazar Burr Hatch Santorum nity. The Scouts have spent $20 million We would expect agency heads to use Byrd Hutchison Sarbanes on base improvements, including road this waiver sparingly and judiciously, Cantwell Inhofe Carper Inouye Schumer paving and plumbing upgrades. and only for the most serious of of- Sessions Unfortunately, this great summer fenses that are connected to their offi- Chafee Isakson Chambliss Jeffords Shelby Scouting tradition may come to an cial duties. Clinton Johnson Smith end. The reason? Because the Scouting And once an organization has rem- Coburn Kennedy Snowe oath includes an oath of duty to a edied the problem, we expect the base- Cochran Kerry Specter Coleman Kohl Stabenow higher power. Despite decades of public line of support to be fully restored by Collins Kyl Stevens support for Scouting, one Federal judge the federal agency to its previous level. Conrad Landrieu Sununu has ruled that the Pentagon can no The Scouts are committed to devel- Cornyn Lautenberg Talent longer provide its facilities as a matter oping the best qualities in our Nation’s Corzine Leahy Thomas Crapo Levin Thune of church and state. young people—qualities such as patri- Dayton Lieberman Vitter Because of this lawsuit by the ACLU, otism, integrity, honesty, and compas- DeMint Lincoln Voinovich 40,000 Scouts are in danger of being de- sion. This long-honored organization DeWine Lott Warner nied permission to hold their jamboree helps prepare our young people to be Dodd Lugar Wyden at Fort A.P. Hill, or any other publicly leaders in the communities, and lead- NOT VOTING—2 supported venue. ers of the future. Craig Rockefeller That is why I am offering the Sup- A vote for the Support Our Scouts The amendment (No. 1342), as modi- port Our Scouts Act of 2005. These Act will let them know that Congress fied, was agreed to. young people need our help and our continues to support this worthy en- Mr. REID. Mr. President, I suggest voices to protect a great tradition. deavor. the absence of a quorum. Since 1910, Scouting has taught and Mr. President, I urge all of my Sen- The PRESIDING OFFICER. The enriched millions of boys and girls, and ate colleagues to vote for the young clerk will call the roll. drawn generations of Americans to- boys and girls who are following in the The legislative clerk proceeded to gether. great Scouting tradition. A vote for call the roll. Boy Scout membership has totaled this amendment is a vote for them. Mr. REID. Mr. President, I ask unan- more than 110 million young Ameri- The PRESIDING OFFICER. Who imous consent that the order for the cans—including myself, my three boys, seeks time in opposition? quorum call be rescinded.

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.012 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8907 The PRESIDING OFFICER. Is there meet the needs of the men and women funding for a vital weapons system objection? Without objection, it is so of the U.S. military. sought by commanders in Iraq, and to ordered. Defense bills are always serious mat- begin the process of improving the GI CLOTURE MOTION ters—but this year Congress works Bill of Rights would never have re- Under the previous order and pursu- against a background of prolonged ceived a vote. ant to rule XXII, the clerk lays before combat in Iraq and Afghanistan, wor- I urge my colleagues to complete the the Senate the pending cloture motion, rying indicators of a force under strain, defense authorization bill as quickly as which the clerk will state. and with obligations to care for a new possible and to consider the amend- The legislative clerk read as follows. generation of combat veterans and ments which Members have offered. their families. CLOTURE MOTION Mr. FEINGOLD. Mr. President, I By virtually any measure, the Amer- want to express my disappointment We, the undersigned Senators, in accord- ican military is a force under strain. It ance with the provisions of rule XXII of the that the majority leader has decided to Standing Rules of the Senate, do hereby is a simple statement of fact—and a postpone further action on this year’s move to bring to a close debate on S. 1042, an fact every one of us must acknowledge Defense authorization bill. This is an original bill to authorize appropriations for and address so that this most magnifi- extremely important piece of legisla- fiscal year 2006 for military activities of the cent military is not irreparably tion that deserves the Senate’s full and Department of Defense, for military con- harmed. Just 2 months ago, General careful consideration right away. I struction, and for defense activities of the Richard Myers, Chairman of the Joint Department of Energy, to prescribe per- have several worthy amendments to Chiefs of Staff, reported to Congress the bill, as do many of my colleagues sonnel strengths for such fiscal year for the that the American military is not as Armed Forces, and for other purposes. from both sides of the aisle. We have an ready as it could be to meet new con- obligation to our men and women in Bill Frist, John Warner, Michael Enzi, tingencies beyond Iraq and Afghani- John Cornyn, Jon Kyl, Richard Burr, uniform and to the American people to Kit Bond, Lindsey Graham, John E. stan. Units and personnel are facing re- thoroughly debate these important Sununu, Chuck Grassley, Mike peated deployments to Iraq and Af- amendments and come up with the best DeWine, Lamar Alexander, James Tal- ghanistan. So-called ‘‘low-density- legislation possible for our Nation’s se- ent, Pat Roberts, Johnny Isakson, high-demand’’ units and personnel are curity. If cloture is invoked on this bill Conrad Burns, Richard G. Lugar. maxed-out. The Army has a dwindling prematurely, the Senate will not have The PRESIDING OFFICER. Under number of Army Reserve and National been able to take up many of the essen- the previous order, there is 2 minutes Guard personnel available to perform tial amendments on which the Senate equally divided for debate before the combat support roles such as military should be spending time, addressing vote on cloture. police and civil affairs. such issues as pay and benefits for In recent weeks, two reports—one by Who yields time? military personnel, nonproliferation, the GAO, the other by RAND—high- The minority leader. and our detention policies. I am there- lighted shortages in the Army Reserve. Mr. REID. Mr. President, I want to fore hopeful that the Senate will reject It is becoming increasingly difficult for make sure the record is spread with the attempts to cut off debate on this bill the Army Reserve to continue to pro- fact that we have offered everything. prematurely. Unfortunately, rather vide ready forces in the near term due All we want is to finish this bill tomor- than allowing debate and action on the to worsening personnel and equipment row at 11 o’clock at night. We even Defense authorization bill to continue, shortages. There are three primary backed it off to 10:30. And the only the majority leader has decided to causes for these shortages: the practice amendments that would be in order move to a special interest bill instead. of not maintaining Army Reserve units would be those that are within the ju- I am hopeful, however, that the Senate with all of the personnel and equip- risdiction of the Armed Services Com- will soon be able to go back to working ment they need to deploy, personnel mittee. We would have a Republican on a bill that is so important to our na- policies that limit the number of re- amendment, Democratic amendment, tional security. and we would go through the process servists and the length of time they The PRESIDING OFFICER. By unan- by these two fine managers. may be deployed, and a shortage of imous consent, the mandatory quorum What is wrong? What picture am I full-time staff to develop and maintain call has been waived. The question is, missing? Why can’t we go forward and unit readiness. As of March 2005, the Is it the sense of the Senate that de- do at least a little bit of work for the number of Army Reserve eligible for bate on S. 1042, the Defense authoriza- men and women in uniform of our mobilization under current policies had tion bill for fiscal year 2006, shall be country, namely 21⁄2 million of them, decreased to about 31,000 soldiers, or brought to a close? The yeas and nays plus taxpayers dollars, $450 billion for 1 about 16 percent of Army Reserve per- are mandatory under the rule. The year? Could not we at least spend 1 sonnel. But numbers don’t tell the clerk will call the roll. extra day on that? whole story as those still available for The PRESIDING OFFICER. The ma- mobilization may not have the skills The legislative clerk called the roll. jority leader. and ranks needed to support ongoing Mr. MCCONNELL. The following Sen- Mr. FRIST. Mr. President, very brief- operations. We must all be concerned ator was necessarily absent: the Sen- ly, both sides have talked about the that the Army Reserve be able to pro- ator from Idaho (Mr. CRAIG). importance of the Defense authoriza- vide forces that are ready and relevant Mr. DURBIN. I announce that the tion bill. We both feel the importance to ongoing operations. Senator from West Virginia (Mr. of that bill. Cloture being invoked here But these issues—as serious as they ROCKEFELLER) is necessarily absent. shortly, which I believe it will, will are—will not be addressed by simply The PRESIDING OFFICER. Is there allow us to have a Defense authoriza- rubber-stamping an important piece of any Senator in the Chamber who de- tion bill in about 30 hours. So we will legislation. I will vote against cloture sires to vote? complete our objective of having a bill because there are too many important The yeas and nays resulted—yeas 50, if cloture is invoked, and I encourage amendments that would improve this nays 48, as follows: people to vote for cloture. legislation and help the men and [Rollcall Vote No. 205 Leg.] Mr. REID. Mr. President, I would just women of the American military and YEAS—50 say briefly we would finish the bill at their families. If we do invoke cloture, Alexander Coleman Gregg the same time if we entered into the dozens of amendments that deserve a Allen Conrad Hagel agreement that I submitted to Senator vote—up or down—would fall away, in- Bennett Cornyn Hatch WARNER and the Republicans. Time is cluding amendments to protect the pay Bond Crapo Hutchison Brownback DeMint Inhofe of no difference. of mobilized reservists employed by the Bunning DeWine Isakson Mr. KERRY. Mr. President, it is vital Federal Government and to create Burns Dole Kyl that we complete action on the Na- mandatory funding of veterans Burr Domenici Lugar tional Defense Authorization Act. It is healthcare. My own amendments to ex- Chafee Ensign Martinez Chambliss Enzi McConnell an important piece of legislation that tend survivor housing benefits beyond Coburn Frist Murkowski we must pass with all due haste to the end of the fiscal year, to increase Cochran Grassley Nelson (FL)

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.018 S26JYPT1 S8908 CONGRESSIONAL RECORD — SENATE July 26, 2005 Nelson (NE) Smith Thomas ceeding with the Department of De- Mr. FRIST. I object and I once again Roberts Specter Vitter fense authorization bill. I do look for- state my request that at a time deter- Santorum Stevens Voinovich Sessions Sununu Warner ward to coming back and looking at mined by the majority leader, we re- Shelby Talent that bill and passing that bill. It is a turn to the Department of Defense au- NAYS—48 very important bill, and that is why we thorization bill. Akaka Durbin Lincoln filed cloture to complete that. In all Mr. KENNEDY. Parliamentary in- Allard Feingold Lott likelihood, what will happen, we will quiry. Baucus Feinstein McCain proceed to the bill on gun liability, and The PRESIDING OFFICER. Is there Bayh Graham Mikulski the objective will be to complete that objection to the majority leader’s re- Biden Harkin Murray Bingaman Inouye Obama this week, and thus I do object. quest? Boxer Jeffords Pryor Mr. REID. Mr. President, another Mr. KENNEDY. Reserving the right Byrd Johnson Reed parliamentary inquiry. to object, Mr. President, if we go to Cantwell Kennedy Reid The PRESIDING OFFICER. The Sen- Carper Kerry Salazar cloture and cloture is invoked, do we Clinton Kohl Sarbanes ator will state it. not displace the Defense authorization Collins Landrieu Schumer Mr. REID. When we finish the gun bill for consideration in this Chamber Corzine Lautenberg Snowe legislation, do we automatically come this afternoon and for the next days, if Dayton Leahy Stabenow back to the Defense bill? Dodd Levin Thune we pass it? Is that not the case? Dorgan Lieberman Wyden The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. If cloture ator should know that if the motion to NOT VOTING—2 is invoked on the motion to proceed, proceed is passed, it displaces the De- we will remain on the motion to pro- Craig Rockefeller fense authorization bill. ceed until time is used or yielded back. The PRESIDING OFFICER. On this Mr. REID. But that does not respond Mr. KENNEDY. So the answer is af- vote, the yeas are 50, the nays are 48. to my question. It is put back on the firmative, that we are displacing the Three-fifths of the Senators duly cho- calendar, is that right? Defense authorization bill by voting on sen and sworn not having voted in the The PRESIDING OFFICER. If the cloture on the motion to proceed. Am I affirmative, the motion is rejected. Senate proceeds to the gun liability not correct? The Democratic leader. bill motion, then it would displace the The PRESIDING OFFICER. If the Mr. REID. I have a parliamentary in- DOD bill and place it back on the cal- motion were to pass, the Senate would quiry. I would be happy to yield to my endar. continue on that motion. Mr. FRIST addressed the chair. friend from Virginia. Mr. REID. Mr. President, I hope the Mr. DODD. Reserving the right to ob- Mr. WARNER. I was just going to ask distinguished majority leader will the Presiding Officer the regular order. ject. The PRESIDING OFFICER. The ma- bring this bill back at the earliest pos- Mr. REID. That is what I was going sible time. This is such an important to do. I have a parliamentary inquiry. jority leader. Mr. FRIST. I would ask unanimous piece of legislation. It should not be The PRESIDING OFFICER. The Sen- added to the tail end of things we do ator will state it. consent that at any time determined by the majority leader, the Senate re- around here. Mr. REID. Now that the Senate has Mr. KENNEDY. I object. defeated cloture on the Defense bill, sume the Department of Defense bill at that time. The PRESIDING OFFICER. The ob- will the Senate remain on this bill, jection is heard. which is the bill that is to pay for our Mr. REID addressed the Chair. troops and protect our troops and our The PRESIDING OFFICER. Will the f country, the Defense bill? Senator restate it. PROTECTION OF LAWFUL COM- Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. The Sen- MERCE IN ARMS ACT—MOTION that at the time determined by the ma- ator would be informed that under the TO PROCEED previous order—under the regular jority leader, we will return to the De- CLOTURE MOTION order, the Senate is to proceed to a mo- partment of Defense authorization bill. Mr. KENNEDY. Reserving the right The PRESIDING OFFICER. Under tion to invoke cloture on the motion to to object. the previous order and pursuant to rule proceed to S. 397. Mrs. BOXER. Reserving the right to XXII, the Chair lays before the Senate Mr. REID. Mr. President, then I have object. the pending cloture motion, which the a unanimous consent request. That re- The PRESIDING OFFICER. The Sen- clerk will state. quest is that the cloture vote on the ator from California. The assistant legislative clerk read motion to proceed to the gun liability Mrs. BOXER. I thank you. The ma- as follows: bill be vitiated and that the Senate re- jority leader said something here today CLOTURE MOTION main on the Defense bill and complete that really surprised me. He said he is the Defense bill this week and the Sen- We the undersigned Senators, in accord- going to prove that the gun liability ance with the provisions of rule XXII of the ate begin the very minute it gets back bill was one of the most important on September 6 with the gun liability Standing Rules of the Senate, do hereby things we were going to do, and I want move to bring to a close debate on the mo- bill, on cloture on the motion to pro- to know from the majority leader, does tion to proceed to Calendar No. 15, S. 397: A ceed. he think that bill is more important bill to prohibit civil liability actions from The PRESIDING OFFICER. Is there than the Defense authorization bill? being brought or continued against manufac- objection to the unanimous consent? Mr. SANTORUM. Regular order. turers, distributors, dealers, or importers of Mr. FRIST. Mr. President, reserving Mrs. BOXER. Does he think that the firearms or ammunition for damages, injunc- the right to object, I made it clear tive or other relief resulting from the misuse Defense authorization bill is not as im- of their products by others. about 3 weeks ago to this body that we portant as gun liability? had a number of issues we were going Bill Frist, George Allen, Larry E. Craig, Mr. BUNNING. Regular order, Mr. Craig Thomas, Michael B. Enzi, Jeff to address before leaving for recess. We President. Sessions, Christopher Bond, Lamar Al- listed a number of them this morning. The PRESIDING OFFICER. The ma- exander, Mitch McConnell, Sam One of them was the gun liability bill. jority leader has the floor. Brownback, Tom Coburn, Richard There are lots of roadblocks right now, Is there objection to the unanimous Burr, John McCain, Richard Shelby, barriers being thrown up to prevent us consent request? Saxby Chambliss, John Ensign, Chuck from addressing a very important bill Mr. REID. Mr. President, I would Hagel. that I believe we will show here shortly suggest and ask if the distinguished The PRESIDING OFFICER. Under we have over 60 votes for. Thus, I will leader would modify his request to say the previous order, 2 minutes are say one more time that we intend to that when we finish the gun legisla- equally divided on each side. complete the gun liability bill before tion, we would return to the Defense Who yields time? we leave, complete addressing it. I am bill. Mr. FRIST. We yield back our time. very disappointed in the last vote, the The PRESIDING OFFICER. Does the Mr. SCHUMER. Mr. President, I urge fact that we are not going to be pro- majority leader—— my colleagues to vote no on the motion

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.010 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8909 for cloture. Whatever Members feel Mr. FRIST. Regular order. has broad support in terms of business about gun liability, and there are many The PRESIDING OFFICER. The Sen- groups, gun owners, law enforcement, divided opinions here, nothing could be ator does not have the floor. labor unions, and sportsmen. There is more important than returning to the Mr. FRIST. Regular order. nothing in it that is harmful or dam- DOD bill, supporting our troops, sup- The PRESIDING OFFICER. Regular aging to our legal system. There is porting our veterans. It is a $440 billion order has been called for. nothing in it that provides any special bill. The fact that we cannot debate it Mr. DURBIN. Parliamentary inquiry. interest protection to gun manufactur- for more than a few hours says some- The PRESIDING OFFICER. The ers. But it is a legitimate response to a thing is wrong with this Senate. We clerk will call the roll. growing concern that our legal system can do both. We should not leave the The legislative clerk called the roll. is being abused in such a way that DOD bill until we finish. I urge a ‘‘no’’ Mr. MCCONNELL. The following Sen- could actually take legitimate busi- vote on cloture, whatever your view is ator was necessarily absent: the Sen- nesses and put them out of business. on the gun liability provision. ator from Idaho (Mr. CRAIG). I think it is something that is of Mr. KYL. Parliamentary inquiry, Mr. Mr. DURBIN. I announce that the great concern to us, and this Senate President: Under the rules of the Sen- Senator from West Virginia (Mr. has a majority that is ready to move ate, would it not be possible to debate ROCKEFELLER) is necessarily absent. forward with it. In the great spirit of the Defense authorization bill for 30 The PRESIDING OFFICER. Are there our Senate, we will have a lot of de- hours if we had voted for cloture or if any other Senators in the Chamber debate. There are those who don’t ap- we do vote for cloture? siring to vote? prove. I know Senator REED of Rhode The PRESIDING OFFICER. There The yeas and nays resulted—yeas 66, Island is a strong opponent of this leg- would have been up to 30 hours if ap- nays 32, as follows: islation and he will certainly have a proved. [Rollcall Vote No. 206 Leg.] great opportunity to express his con- Mr. KYL. So we would have the op- YEAS—66 cerns on it. That is part of what we do. I note, however, this is not the first portunity if we were to invoke cloture Alexander Domenici McConnell to debate the Defense authorization Allard Dorgan Murkowski time the words will have been spoken bill for 30 hours. Allen Ensign Nelson (FL) on this issue. This bill has been up for The PRESIDING OFFICER. The Sen- Baucus Enzi Nelson (NE) some years now and has come close to Bennett Frist Pryor ator is correct. Bond Graham Reid becoming law on several occasions, but Mr. DODD. Parliamentary inquiry: Is Brownback Grassley Roberts has not yet done so. it not also true in a postcloture envi- Bunning Gregg Salazar It is important that we note that this Burns Hagel Santorum legislation has the potential to impact ronment, had cloture been invoked, Burr Hatch Sessions many of the amendments dealing with Byrd Hutchison Shelby our economy adversely. We need to veteran benefits and other issues would Chafee Inhofe Smith look at how these proposed novel legal have been denied consideration? Chambliss Isakson Snowe theories adversely affect our economy. Coburn Johnson Specter Someone will be making firearms in The PRESIDING OFFICER. It would Cochran Kohl Stevens be difficult for the Chair to determine Coleman Kyl Sununu the world. People are not going to stop that at this point. Collins Landrieu Talent buying firearms. They have a constitu- Mr. FRIST. Regular order. Conrad Lincoln Thomas tional right to do so. It would be the Cornyn Lott Thune The PRESIDING OFFICER. Regular Crapo Lugar Vitter height of stupidity if we were to create order. DeMint Martinez Voinovich laws and a legal system that put our Mr. LEVIN. Parliamentary inquiry: Dole McCain Warner firearm manufacturers out of business Following up on that, is it not true NAYS—32 so that we have to buy imported fire- that even though amendments are rel- Akaka Dodd Levin arms. That would not make good sense. evant in a postcloture situation, if Bayh Durbin Lieberman Our ultimate obligation is to the they are not technically germane, they Biden Feingold Mikulski public. This body should take no steps Bingaman Feinstein Murray that would provide improper immunity fall? Boxer Harkin Obama for defective practices or defective fire- The PRESIDING OFFICER. The Sen- Cantwell Inouye Reed ator is correct. Carper Jeffords Sarbanes arms that could be sold. That abso- Ms. LANDRIEU. Mr. President, par- Clinton Kennedy Schumer lutely must not be done. With that Corzine Kerry Stabenow liamentary inquiry. Dayton Lautenberg said, it is essential that we refrain Wyden The PRESIDING OFFICER. By unan- DeWine Leahy from developing a legal system, however, where lawyers are able to create imous consent, the mandatory quorum NOT VOTING—2 call is waived. causes of action and steer public policy The question is, Is it the sense of the Craig Rockefeller through litigation—a public policy Senate that debate on the Motion to The PRESIDING OFFICER. On this they have not been able to win at the Proceed to S. 397, Protection of Lawful vote, the yeas are 66, the nays are 32. ballot box, and not been able to win Commerce in Arms Act, be brought to Three-fifths of the Senators duly cho- through their State legislatures and a close? sen and sworn having voted in the af- the Congress. So since they have not The yeas and nays are mandatory firmative, the motion is agreed to. been able to win in the legislative under the rule. The majority leader. branches, what we have had is a group The Senator will state the inquiry. Mr. FRIST. I suggest the absence of a of activist anti-gun people trying to ac- Ms. LANDRIEU. Mr. President, par- quorum. complish the same goal through litiga- liamentary inquiry: Would the Thune The PRESIDING OFFICER. The tion. amendment that was pending on a re- clerk will call the roll. We also need to remember in all we view of the BRAC closings that are The assistant legislative clerk pro- do regarding litigation that personal going on around the country would ceeded to call the roll. responsibility is an important Amer- have been germane after cloture on the Mr. SESSIONS. Mr. President, I ask ican characteristic. Individual respon- Defense bill? unanimous consent that the order for sibility must not be stripped from all The PRESIDING OFFICER. The the quorum call be rescinded. our expectations, where plaintiffs are Chair would inform the Senator that The PRESIDING OFFICER (Mr. suing third parties on an almost strict there are several Thune amendments ISAKSON). Without objection, it is so or- liability theory. Many trial lawyers are that relate to BRAC. dered. attempting to invent new causes of ac- Ms. LANDRIEU. I will ask specifi- Mr. SESSIONS. Mr. President, we are tion, with hopes of striking a litigation cally by number if the clerk will give now proceeding to S. 397, after a very oil well. As a result, industries such as me the Thune amendment on the post- strong cloture vote with 66 Senators arms manufacturing and the food in- ponement of BRAC. We had several, voting to move forward on this legisla- dustry are facing enormous insecu- but there was one on postponement. tion. It is something we have had rities. These industries have great rea- I suggest the absence of a quorum. taken up quite a number of times. It son to be insecure. Everyone knows

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.022 S26JYPT1 S8910 CONGRESSIONAL RECORD — SENATE July 26, 2005 how detrimental runaway verdicts can way of life for nearly 500,000 plicable laws—we have a host of them— be and one major verdict can bankrupt Alabamans. That is about 1 in 9 of our be held accountable for the unforesee- an industry. Huge costs arise from sim- citizens. Imagine if they were unable to able action of some criminal third ply defending an unjust lawsuit. In- obtain hunting rifles or ammunition. party? They should not, and this bill deed, such lawsuits, even if lacking any What would happen to the hunting in- would simply prohibit that. merit and ultimately unsuccessful, can dustry, which brings close to $45 mil- If you buy a gun and someone comes deplete an industry’s resources and de- lion a year in revenues into the State into your house and attempts to attack press stock prices. and provides nearly 16,000 jobs? you or your family and you pull out Defendant industries must hire ex- Additionally, if the arms industry that gun and attempt to use it and it pensive attorneys and have their em- must continue to hash out massive fails to work because it was defective, ployees spending countless hours re- legal fees or eventually goes under, and that criminal harms you or your sponding to the lawyers, providing thousands of workers will lose their family, you should be able to sue the them information and so forth, and jobs. Manufacturers are already laying gun manufacturer for a defective prod- meeting with them. Industries, in addi- off workers to pay the legal bills. Sec- uct. But if it fires as it is supposed to, tion, must purchase liability insurance ondary suppliers to gun makers have as it was designed to, it operates like which takes away from funds necessary also suffered. This is why it is not sur- whatever widget is made in this manu- for expanding their new jobs, safety, prising that the labor unions rep- facturing world we are in, and it does research and development that they resenting workers at major firearms what it is supposed to do and it is a might otherwise be able to spend it on, plants, such as the International Asso- lawful product, you should not be able which is important. No other nation ciation of Machinists and Aerospace to be sued. must compete in the world market- Workers of East Alton, IL, support this I don’t understand how these law- place carrying such a huge litigation bill. This union’s business representa- suits are being maintained. But we cost as American businesses do and tives stated the jobs of their 2,850 have major cities in this country that particularly gun manufacturers. Even- union members ‘‘would disappear if the have taken it as a policy to sue the tually, these costs are passed on to the trial lawyers and opportunistic politi- manufacturers for creating a product consumer. Product prices increase and cians get their way.’’ that works precisely as it is supposed availability of the products becomes Insurance rates for firearms manu- to work, that is designed according to scarce. facturers have skyrocketed since these the laws of the United States, and it is In 1998, individuals and municipali- suits began. I am going to talk about sold according to the laws of the ties began filing dozens of novel law- these suits and why they are fun- United States, and they still want to suits against members of the firearms damentally wrong in a minute. These sue them for an intervening criminal industry. These suits are intended to suits have caused the insurance to go act. That is contrary to our classical drive the gun industry out of business up and some manufacturers are being law of lawsuits and plaintiff lawsuits. by holding manufacturers and dealers denied insurance and seeing their poli- It is something that I sense is being liable for the intentional and criminal cies cancelled, leaving them unpro- eroded, these classical principles of acts of third parties over whom they tected and vulnerable to bankruptcy. litigation today. I think that is one have absolutely no control. The fire- Thirty-three State legislatures have reason we are beginning to have move- arms industry is particularly vulner- acted to block similar lawsuits, either ments to have court reform, lawsuit re- able to lawsuits. by limiting the power of localities to form, around the country because In his testimony before a House sub- file suit or by amending State product courts have allowed things to go be- committee in 2003, the general counsel liability laws. However, one lawsuit in yond what traditionally they were ever of the National Shooting Sports Fed- one State could bankrupt the industry, allowed to do. eration stated: making all of those State laws incon- So it sort of makes these gun manu- Industry-wide cost of defense to date sequential. That is why it is essential facturers a guarantor, a person who [against these lawsuits] now exceed $100 mil- that we pass this law. would pay for all damages that might lion. This is a huge sum of money for a small The lawsuits we are talking about— occur for a gun they manufactured. industry like ours. The firearms industry the kind of lawsuits we will be dis- That cannot be the law and must not taken together would not equal a Fortune cussing today are the kind of lawsuits be the law. These plaintiffs are de- 500 company. The National Shooting Sports that do not have merit. They are not manding colossal monetary damages Foundation now believes litigation expenses the kind of lawsuits that ought to be and a broad range of injunctive relief; have exceeded $150 million, Mr. President. brought. Many of them eventually get that is, orders from the court con- The danger that these lawsuits can dismissed by judges. Most of them do cerning this. These injunctions would destroy the gun industry is especially eventually. But the costs are huge and, relate to the design, manufacture, dis- ominous because our national security who knows, some day an activist court tribution, marketing, and the sale of and liberties are at stake. First, the may start allowing these lawsuits to be firearms. We already have laws that gun industry manufactures firearms successful. cover all of that. for American military forces and law The anti-gun activists, at their base By the way, we have had laws about enforcement agencies. Unlike many philosophy, want to blame violent acts all of that. We have debated other laws foreign countries, the United States of third parties—that is violent, illegal the Congress and State legislatures doesn’t have a government armory, but acts by criminals—on manufacturers of have chosen not to pass. So the at- relies on private industry to make our guns, because they manufactured the tempt, in a very real sense, is to put firearms. Due in part to Federal pur- gun, and they want to be able to sue pressure on these companies to do chasing rules, these guns are made in the seller who sold the gun simply for things the elected representatives have the United States by American work- selling them. This doesn’t make sense. decided they should not do or should ers. Successful lawsuits can leave the Should a car dealer be sued if someone not be required to do. U.S. at the mercy of foreign small arms intentionally runs down a pedestrian Some of the demands that are being suppliers. because the car dealer sold the car that made are the kinds of demands that Second, by restricting the industry’s was used by a third party to commit a legislatures, not courts, should be de- ability to make and sell guns and am- crime, a homicide? What about the car ciding: one-gun-a-month purchase re- munition, the lawsuits threaten the manufacturer? What an absurd strictions not required by the State ability of Americans to exercise their thought. But that is the equivalent of law, requiring manufacturers and dis- second amendment rights. I can imag- what these plaintiffs are arguing to re- tributors ‘‘to participate in a court-or- ine the impact the ruin of the gun cover from gun manufacturers and sell- dered study of demand for firearms and manufacturing industry would have on ers. to cease sales in excess of lawful de- my home State of Alabama, which is Guns can be dangerous in the wrong mand,’’ prohibition on sales to dealers one of the premier States in the Nation hands, but so can cars. Why would the who are not stocking dealers with at for hunting whitetail deer and eastern manufacturer or seller of a gun who is least $250,000 in inventory, a permanent wild turkey. Hunting is a part of the not negligent, who obeys all of the ap- injunction requiring the addition of a

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.032 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8911 safety feature for handguns that will The power to legislate belongs not to the bama, it is recorded there, and if it is prevent their discharge by ‘‘those who judicial branch of Government, but to the moved off to a gun store or a Wal-Mart steal handguns.’’ legislative branch. where they sell guns, it is entered That will be a pretty ingenious de- Hallelujah, Judge. I am glad you get there. When it is sold, it is entered. vice, if you can make it work. It is it. Judges ought to be neutral umpires, That serial number is recorded against going to be on every gun that is sold? not activists. They should not be set- the name of the person who bought it. It may be within the power of this Con- ting public policy. They should not That person who bought it must gress to vote such a restriction if it can allow their courts to be used as a tool produce identification, must sign a be done. It seems like somewhere in my to further a political agenda, an agenda sworn statement that they have not memory we voted on something such as that has been rejected in the State leg- been convicted of a crime, that they that. islature or Congress. are not under the influence of drugs, But to have a judge who is supposed However, all it will take is one activ- and a number of other things. They to be a neutral arbiter in a lawsuit ist judge or activist court to destroy an sign it. It is a Federal offense if they start entering injunctions to require entire industry in reality. So that is lie about it. And they do a background these kinds of things is beyond legiti- why the legislation is important. check. mate principles of law. Let me mention what this bill does So there are a lot of regulations set One of the most amusing demands and does not do. The bill is incredibly forth. The records have to be open for was a prohibition on the sale of guns narrow. It only forbids lawsuits inspection by the Bureau of Alcohol, near Chicago ‘‘that by their design are brought against lawful manufacturers Tobacco and Firearms without a war- unreasonably attractive to criminals.’’ and sellers of firearms or ammunition rant and at any time. They don’t have Guns could not be sold near Chicago if the suits are based on criminal or un- a warrant. They can go into these li- that are ‘‘by their design unreasonably lawful misuse of the product by a third censed dealers any time, any day, and attractive to criminals.’’ party. examine their records. That is the bur- What would that mean? What kind of I know it is hard to believe, but that den we put on gun dealers. responsibility does a manufacturer is the theory of these lawsuits. That They can also do annual inspections have? Should each court make that de- theory is you sold a gun lawfully, OK. without a specific investigation or ob- termination? Is that what they were You followed the complex Federal reg- tain a warrant as any other law en- elected to do? Is that the role of the ulations that have a huge host of re- forcement agency can. court? No. It is a legislative require- quirements. You followed the State Mr. President, I think I overstated it. ment. legislature’s requirements, often very The ATF can without a warrant any These lawsuits are part of an anti- complex, also, to the T, and it comes in time do an inspection if it is related to gun activist effort to make an end run the hand of a criminal, and they use it an investigation of a gun that has been around the legislative system. That is for a crime. Now the manufacturer and traced there, and they have an opportunity to do annual inspections at any the fact. Because their efforts to pass the seller are liable. What kind of law time through the year as part of their restrictive legislation have only par- is that? We do not need that. These enforcement dealings, and they do tially succeeded, they want to do more. lawsuits are happening, and so all this that. That guns are not heavily regu- So they are taking their cause to the would say is that those kinds of law- lated is a complete myth. Gun dealers judicial system hoping they will land suits cannot be brought. Manufacturers and sellers are still are carefully managed. in court before an activist judge who As a former U.S. attorney, I partici- responsible for their own negligent or will somehow allow their view of how pated in the prosecution of a gun deal- criminal conduct and must operate en- guns should be sold and manufactured er for bad recordkeeping. He was most tirely within the complex State and to become a part of a judge’s order. offended. Over a number of years we Federal laws. Therefore, plaintiffs are Just impose it. One judge who may not have created even more regulation. He not prevented from having a day in be elected—if it is a Federal judge, he really felt put upon, but he wasn’t fill- court. Plaintiffs can go to court if the has a lifetime appointment—just im- ing out the forms. He wasn’t making gun dealers do not follow the law, if pose this by a court order. That is why people sign. He was telling people not people are concerned. So far they have they negligently sell the gun, if they to put down that they lived out of not been successful in winning these produce a product that is improper or State because that affected whether cases. they sell to someone they know should the gun could be sold. He would tell The Ohio Court of Appeals held that not be sold to or did not follow steps to them, don’t fill that out, and things of allowing this type of liability would— determine whether the individual was that nature. He was not complying, and they were correct about this—‘‘open up properly subject to buying a gun. we prosecuted him. He went to jail and a Pandora’s box. For example, the city The plaintiff can still argue that ac- lost his ability to sell guns. could sue manufacturers of matches for tions such as negligent entrustment, Licensed dealers have to conduct a arson, or automobile manufacturers for breach of contract, or warranty, or Federal criminal background check on traffic accidents, or breweries for normal product liability involving ac- their retail sales either directly drunk driving.’’ tual industries caused by an improp- through the FBI, through its National That is the same principle. I believe erly functioning firearm can be legiti- Instant Criminal Background Check, that judge in Ohio was correct. In the mately brought as a lawsuit and should NICS, or through State systems that city of Bridgeport v. Smith & Wesson be able to be brought. Furthermore, also use NICS. All retail gun buyers are Corporation, Judge Robert McWeeny any allegation that the bill burdens screened to the best of the Govern- aptly stated that ‘‘plaintiffs must have law enforcement is completely false. ment’s ability. envisioned such settlements as the Gun manufacturers and sellers are al- Additionally, the industry has vol- dawning of a new age of litigation dur- ready heavily regulated by hundreds of untary programs to promote safe gun ing which the gun industry, liquor in- pages of statutes and regulations. The storage and to help dealers avoid sell- dustry and purveyors of junk food Government requires that all gun man- ing to potential illegal traffickers in would follow the tobacco industry.’’ It ufacturers, importers, and dealers re- guns. Manufacturers also have a time- is clearly an attempt to build on and ceive licenses. They have to have those honored tradition of acting responsibly expand those kinds of theories of to- licenses. And they must keep all their to issue recalls and make repairs if bacco lawsuits to go even further than records by serial number, and each gun they become aware of defects. Law- what we are dealing with here. has to have a distinct, separate serial abiding manufacturers and dealers of The Florida Supreme Court summed number recorded before entering or firearms are not threats to our society. up the issue nicely when it refused to leaving their inventory. That is, if they They have not committed crimes by hear a plaintiff’s appeal against the are manufactured in Massachusetts or supplying our citizens with lawfully ac- firearms industry in a lawsuit. someplace and they are shipped to Ala- quired firearms. It is essential that the The plaintiff did not prevail in an ap- bama, they ship it by each one’s serial people who are guilty, people who com- peal to the higher court in Florida, and number and it is recorded. If it is re- mit the crime, who deserve punish- the court held this: ceived by a distribution center in Ala- ment, receive the punishment. More

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.033 S26JYPT1 S8912 CONGRESSIONAL RECORD — SENATE July 26, 2005 importantly, this legislation is needed can be sued. But if they do it right and the families of the victims of the snip- so that people who have suffered a real it goes into the hands of someone who er attacks, even though the Wash- injury from a real cause of action can uses it for a criminal purpose, the man- ington State gun dealer who had the be heard and taken seriously while ufacturer of that gun absolutely should Bushmaster sniper rifle in his inven- those who are trying to improperly not be subject to a lawsuit. It is a po- tory could not account for that weapon spread the blame will not. litical thing that is going on out there, or more than 230 others. Instead, the Mr. President, it is the responsibility the filing of these lawsuits all over the families of the victims won a $2.5 mil- of Congress to review our civil litiga- country in an attempt to crush an in- lion settlement from Bull’s Eye Shoot- tion system, our court system, and see dustry that this Congress and our Con- er Supply and Bushmaster, the assault how it is working. If over a period of stitution have stated to be a legitimate weapons maker who negligently sup- years tactics and techniques are devel- industry. plied Bull’s Eye despite its abysmal oped that exploit weaknesses or loop- I know Senator REED has many wise record of missing guns and regulatory holes or gaps in that system or allow comments on this, able Senator that he violations. the system to be abused, then I think is. We will disagree, but I certainly re- At the heart here is not activist everybody would recognize that we spect his views. courts making law. The heart of this is ought to take action to fix it. Every I yield the floor. people who have been harmed by weap- day, attorneys file lawsuits under laws The PRESIDING OFFICER (Mr. ons, innocent people, people such as that we pass and the court’s interpreta- COLEMAN). The Senator from Rhode Is- the victims of the Washington sniper— tion of those laws. Congress has every land. someone walking to their car from the right to monitor this, and we have a Mr. REED. Mr. President, I rise in Home Depot and being shot and killed; duty once we determine a type of liti- strong opposition to S. 397, the so- a bus driver waiting to take his rounds in the morning, having a cup of coffee, gation is so legally unsound and detri- called Protection of Lawful Commerce reading the paper, with a wife and chil- mental to lawful commerce that it in Arms Act. Like its predecessor dren at home, shot by snipers. Where should be constrained to enact mean- which the Senate soundly rejected last did they get those weapons? They got ingful legislation to constrain it and to year, this bill is one of the most bla- them through the negligence of a li- stop abuse. tant special interest giveaways that I censed gun dealer. This legislation In the past, Congress has found it have seen during my time in the Sen- would effectively prevent those fami- necessary to protect the light aircraft ate. At a time when more than 7.5 mil- lies from recovering damages, com- industry, community health centers, lion Americans are unemployed and pensation for the loss of a husband and aviation industry, medical implant our Nation faces a deficit of $333 bil- father, the loss of a wife. This is not makers, Amtrak, computer industry lion, war in Iraq and Afghanistan, inad- about activist judges making law. This members affected by Y2K problems, equate homeland security funding, and is about shutting the doors to the and good Samaritans. now a Supreme Court vacancy, to me courts of America, mostly State Senator MCCONNELL offered a bill to the Republican leadership choosing to courts, to prevent those who have been protect a person who tried to save an- devote our precious time to a bill that harmed by the negligence of others to other person, who was the victim of an would deny victims of gun violence be made whole. That is what this is accident, from dying. He believed that their day in court and protect the gun about. That is why it is so wrong. a person trying to do the best they can industry is a travesty. With respect to the sort of activism The gun lobby argues that this legis- to protect someone else should not be of public policymaking, we all recog- lation would put an end to frivolous sued, if they are somehow found to be nize in this body that Federal law is lawsuits that claim gun companies faulty in a good Samaritan act. one aspect, but State law is also impor- Congress may enact litigation re- should be liable simply because their tant. In fact, most tort law is based forms when lawsuits are affecting guns are used in crimes. In fact, the upon State law. State assemblies make interstate commerce, and many of bill would bar virtually all negligence up State laws. They decide causes of these lawsuits are trying to use State and product liability cases in State and action. They decide defenses. They do a courts to restrict the conduct of the Federal courts while throwing out lot of those things in conjunction with firearms nationally. They are trying to pending cases as well as preventing fu- litigation in their courts. This legisla- create legal holdings by the courts that ture cases. The bill would provide this tion preempts all 50 States. This says would impact the entire industry na- sweeping immunity to gun dealers, gun to the State of Georgia, the State of tionally. In fact, it is the stated pur- manufacturers, and even trade associa- Alabama, the State of Rhode Island, pose of many of these groups. And a tions. Interestingly, the NRA modified the State of Michigan, you can’t have single verdict, even a single verdict, the bill so that this year they don’t ap- the ability of your citizens to go to large verdict of an anti-gun plaintiff, pear to be granting themselves legal court. Even if you believe it is appro- could bankrupt or in effect regulate an immunity as they did the last time priate and right in your State courts, entire segment of our economy and of around. we are preempting you. That is also America’s national defense and put it The track record for this bill in the wrong. out of business. last two Congresses has, thankfully, In addition to the monetary settle- I do not know when there has been a been one of failure. We can only as- ment for the victims of the families better example of when this type of sume that the gun lobby is hoping that that were the victims of the snipers, in legislation is needed. We must pass this the third time will be the charm. The the settlement, Bushmaster agreed to bill. It is long overdue. It has 60 co- gun lobby and its allies in Congress had inform its dealers of safer sales prac- sponsors. It is time for us to move for- to abandon their effort to pass similar tices that should prevent other crimi- ward and get it done. legislation in the 107th Congress, after nals from obtaining guns, something It is simply wrong when we as a Con- the Washington area sniper attacks Bushmaster had never done before. gress have approved the sale of fire- terrorized an entire region. Then last What you have is a situation of neg- arms in America and, through the Con- year, in one of the more bizarre twists ligence, and this negligence can extend stitution, allowed the manufacture and in recent Senate history, the National not only from the dealer but to the sale of firearms, to allow those manu- Rifle Association instructed the Repub- manufacturer. This legislation not facturers who comply with the many lican leadership to kill the bill after a only would deny the right of a victim rules we have set forth—they comply majority of Senators voted to add rea- to come forward and ask for compensa- with those rules, to be sued for inter- sonable gun safety measures—to re- tion, but also to reform the system. vening criminal acts. They sell a gun quire background checks at gun shows, We have to recognize, too, that there and it ends up in the hands of a crimi- renew the assault weapons ban, and re- are elaborate rules for the governance nal, unbeknownst to them. If they quire child safety locks to be sold with of weapons and firearms and tobacco, knew, if they had reason to know, if handguns. an agency of the Federal Government. they were negligent in going through It is a good thing that the Senate de- But this is one industry that is vir- the requirements of the law or failed to feated this bill because it would have tually not subject to any product li- do the requirements of the law, they thrown out the civil lawsuits filed by ability, any consumer product safety

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.035 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8913 rules, any other type of regulation. As with any other business, there are The gun lobby says it needs protec- This legislation would undercut ways good actors and bad actors with respect tion because it is faced with a litiga- in which a court could do justice. Be- to the gun industry. There are those tion crisis. The facts tell precisely the cause the Senate rejected this legisla- who carefully follow the law and those opposite story. There is no crisis. tion last year, these victims and their who ignore it. But granting unprece- There is a crisis in Iraq. There is a cri- families had their day in court, and at dented legal immunity to the entire in- sis in Afghanistan. There is a crisis least one manufacturer’s commercial dustry without requiring any addi- across the globe with international ter- practices were improved in ways that tional responsibilities to protect the rorists. That is a crisis. But it is not a benefit all Americans. What could be public from reckless behavior would be crisis with respect to gun liability in more helpful to all of us if a manufac- a grave mistake. It will only encourage this country. Yet we move from legis- turer takes the time and the effort, ap- those who already engage in question- lation dealing with these huge crises, propriately, to inform his dealers about able conduct. some of which have existential con- appropriate practices in selling weap- I urge my colleagues, as we work sequences to us, particularly if terror- ons, about avoiding selling weapons to through this debate, to listen closely ists ever get their hands on any type of those people who might be trafficking and to try to recognize that we are tak- nuclear material, to a situation where in weapons, avoiding selling weapons ing unprecedented action with respect there is no crisis. to those people who might be irrespon- to undermining the traditional system Mr. LIEBERMAN. Will the Senator sible and reckless in the use of those of common justice. First, we are usurp- from Rhode Island yield? weapons? That can only benefit all of ing authority for State law that is tra- Mr. REED. I am happy to yield to the us. ditionally the purview of State assem- Senator from Connecticut. But despite all of these things, we blies and legislatures. Then we are Mr. LIEBERMAN. I would like to find ourselves again in a familiar situa- granting an unprecedented immunity yield the hour allotted to me to the tion, one in which the NRA’s pet to one very particular industry. That floor manager, the Senator from Rhode project is again being granted a vir- might be a precedent, unfortunately, Island. tually direct, nonstop ticket to the for other industries that come forward, Mr. REED. I thank the Senator from Senate floor. The Senate Judiciary which would be a severe unraveling of Connecticut. Committee has held no hearings on The only two publicly held gun com- this legislation, and no committee the protections we all have. All of this, again, begins not with panies that have filed recent state- markups were ever scheduled. The someone going out to stage a lawsuit ments at the Securities and Exchange bill’s supporters knew it would be dif- by being shot. That is the last thing Commission contradict the claim that ficult to withstand the kind of scrutiny that happens. The victims of this gun they are threatened by lawsuits. Smith that might result in careful, deliberate, violence, who are the subject of these & Wesson filed a statement with the and thorough committee hearings, so SEC on June 29, 2005, stating that: they brought it straight to the Senate suits, didn’t want to be victims. They didn’t want to be in court. The bus We expect net product sales in fiscal 2005 floor. Here we are today. Now it is up to be approximately $124 million, a 5% in- to us make sure that there is a full and driver waiting there to start his run was not thinking, Oh, boy, someone is crease over the $117.9 million reported for fis- vigorous debate, including not only cal 2004. Firearms sales for fiscal 2005 are ex- amendments to deal directly with as- going to shoot me so we can start a pected to increase by approximately 11% pects of this legislation but also to ad- case and change public policy. He was over fiscal 2004 levels. dress other issues with respect to vio- shot by a sniper who obtained a gun That is their SEC report which they lence in America and gun safety. through the negligence of others. Yet have to file subject to severe penalties If we are going to grant blanket legal that family would have been denied for misstatement and mistruth. I be- immunity to the firearms industry, it their relief in court if this bill had lieve that. It appears to be a banner is imperative that we address inad- passed last year. year for Smith & Wesson. There is no equacies in other areas with respect to There was discussion about personal crisis. gun safety legislation. Mothers and fa- responsibility. There is personal re- They go on and say in another filing thers across America go out of their sponsibility. It is important. It is fun- on March 10, 2005: way every day to protect themselves damental to everything we do. What In the nine months ended January 31, 2005, and their children from harm. How un- about the responsibility of the gun we incurred $4,535 in defense costs, net of settling it must be for these families to dealer to know how many weapons he amounts received from insurance carriers, think that the gun industry, which is has on hand, where they are, not to relative to product liability and municipal already exempt from Federal product leave it out so it can be taken? Appar- litigation. safety regulations that apply to chil- ently the youngest sniper, who was What they said is—this company, dren’s toys, pharmaceuticals, and vir- barely of age, just picked it up off a with a banner year of increased sales, tually every other product in this counter and walked out of the store with projections for better sales—they country, may now receive legal protec- with it, a rifle that was used later to incurred $4,535 in out-of-pocket costs to tion that no other industry enjoys. shoot and kill several people. Where is defend product liability and municipal I listened closely to the Senator from that personal responsibility? And if litigation claims and suits. That is a Alabama talking about this as if a car you are the victim of that lack of re- crisis? Sales are up. Litigation costs in manufacturer was being held respon- sponsibility, how can you have your this particular area—out-of-pocket sible for the actions of others. Well, day in court if this legislation passes? costs, to be accurate, of $4,500. That is they could be in certain situations. If a Now, we have a lot of work to do in what they are telling the Federal regu- car dealer leaves his cars unlocked this Congress. We should get on with lators, under severe penalties for with keys in the ignition at night and it. That is why it is amazing that we misstatements and even inaccurate someone comes and takes that car, have left the Defense bill that would statements. There is no crisis. drives it away, causes damage, cer- provide the resources to protect our In that same period for which they tainly the issue arises, was that car soldiers, sailors, marines, airmen and incurred $4,535 in out-of-pocket costs, dealer using good common sense? Cer- airwomen across the globe to move to Smith & Wesson spent over $4.1 million tainly, that would be a case that would this very narrow, special interest bill. I in advertising. Maybe the real crisis is at least get to the notion of filing the think it is extremely unfortunate. they have to spend a lot on advertising. case. A part of the rationale for this bill But that is not a crisis situation. That This bill would prevent such a simi- advanced by the proponents is that is not sufficient to bring the Senate lar case from the gun manufacturers there is a crisis. There is a crisis with here to debate a bill to give them pro- and the gun dealers, but there is no at- respect to the industry. They are about tections from these types of suits. tempt, at least today, to limit those to lose their ability to manufacture. Meanwhile, gun manufacturer Sturm, types of liability to other manufactur- They are going to go bankrupt. We Ruger told the SEC in a March 11, 2005 ers. I believe that shows how narrow won’t have any weapons for our na- filing: this is and how it is focused to a very tional security. That is not substan- It is not probable and is unlikely that liti- special interest. That is unfortunate. tiated by any of the facts before us. gation, including punitive damage claims,

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.037 S26JYPT1 S8914 CONGRESSIONAL RECORD — SENATE July 26, 2005 will have a material adverse effect on the fi- gun lobbies and gun manufacturers are the rules and has done everything cor- nancial position of the Company. out of line with those. In this respect, rectly, and then someone else did Essentially, what these two publicly the gun lobby is no different than any something wrong. In order to bring a reporting companies have said, despite other industry. Moreover, the power of suit for negligence, you have to point all of the discussion by others that the gun lobby to protect itself from out, allege at least negligent activities they are on the verge of bankruptcy, is: litigation and promote its views is il- on behalf of the defendant, be he or she There is no material adverse effect on lustrated by the war chest it has put a manufacturer or dealer. So the core our financials based on this type of liti- together for this specific purpose over here is the allegation that the defend- gation. There is no crisis. the past several years. ant—those people this legislation seeks So at the same time the gun makers In 1999, the National Shooting Sports to immunize—did something wrong. Li- are reporting to the SEC that litiga- Foundation and others in the gun ability attaches if a court finds they tion costs are not likely to have a ma- lobby created what is known as the did something wrong. terial adverse effect on the businesses, Hunting and Shooting Sports Heritage Moreover, the bill would exclude their trade associations have been rap- Fund by setting aside a small percent- many cases that do not seek to hold idly inflating the unsubstantiated esti- age of industry revenues. The fund sup- the entire industry liable but instead mates of litigation costs. Gun lobby ports lobbying activities as well as in- focuses on specific dealers or manufac- claims of alleged litigation costs have dustry public relations initiatives em- turers based on their negligent con- risen in $25 million increments, with no phasizing the positive aspects of fire- tribution to specific instances of harm data of any kind to support these arms, and it helps cover the cost of re- to victims of gun violence. This is not claims because most of these compa- taining internal memos and other sen- just a situation where the whole indus- nies in the industry are privately held. sitive documents with a law firm in try is sued. This is a situation where But I would suggest if the publicly held California so the gun lobby can avoid anybody in the industry who is sued companies are offering their truthful the kind of unwanted leaks and expo- gets the benefit of these protections. admissions to the SEC—unless the pri- sure that plagued the tobacco industry Unfortunately, this bill would over- vately held companies are woefully for many years. Some reports indicate turn longstanding, widely accepted unmanaged or are unusually involved the fund has raised as much as $100 principles of civil liability law, which in this type of litigation—then these million. generally holds that persons and com- estimates have to be widely suspect. We are going to be talking about a panies may be liable for the foreseeable Here are the claims of increased lot of victims of gun violence over the consequences of their wrongful acts. By costs: April of 2003, estimated litiga- next few days, and I can tell you that throwing out common law standards tion has cost the industry $100 million none of them has access to a $100 mil- established throughout our Nation’s in the last 5 years; July of 2004, esti- lion war chest to protect their legal in- history by State courts, and sub- mated litigation costs of $150 million; terests or promote their point of view. stituting new standards for negligence November of 2004, estimated litigation In any case, the purpose of lawsuits and product liability actions conceived costs of $175 million; February of 2005, filed on behalf of victims is not to by attorneys of the gun lobby, this bill some estimates talk about $200 million. bankrupt the industry. In fact, some of would deprive Americans of their legal Now, it does not seem to track when the cases filed have sought only injunc- rights in cases involving a wide range you have major companies saying they tive relief, including reforms of indus- of industry misconduct. have no material impact, paying out of try trade practices that would make Even if we concede, for the sake of pocket $4,500, and then you have these the public safer. This is not always argument, that some cases against the wildly inflated estimates. about money. In some cases it is about industry might be frivolous, this bill Number of lawsuits faced by the gun safety for the general public. applies the legislative equivalent of a industry is, if anything, far less than It is telling that the new Senate weapon of mass destruction where a many other industries. From 1993 to version of the gun industry immunity surgical strike would be sufficient. The 2003, 57 suits were filed against gun in- bill has been changed specifically to bill proposes a sweeping Federal intru- dustry defendants, out of an estimated ban suits seeking injunctive relief. The sion into traditional State responsibil- 10 million tort suits, according to the argument, of course, is there is a crisis, ities for defining and administering State Court Journal published by the and the crisis is the financial crisis of State tort law, yet there is no evidence National Center for State Courts—57 the gun manufacturers and the gun that the State courts are not handling out of 10 million. That is not a record dealers, but yet this legislation was al- their responsibilities competently in of litigants out of control. tered this year to avoid injunctive re- this area of law. There has been no rash The actual monetary awards faced by lief, which has very little direct impact of questionable jury awards, and not a the gun lobby are even less. The gun in terms of awards, punitive or other- single decision or final judgment of lobby’s record in court is far worse wise. any court that justifies this unprece- than the tobacco industry’s, which for Even when plaintiffs seek common- dented legislation. decades won every case brought sense reforms in the industry that Nevertheless, the bill’s proponents against it. But the gun lobby has not could save lives, rather than have seek to preempt the law of 50 States to lost them all either. In fact, many of money damages, the gun lobby and its create a special, higher standard for the cases my colleague from Alabama allies in Congress seek to shut the negligence and product liability ac- was citing were some appeals court courthouse door in the face of these tions against gun manufacturers, gun cases that were turning down plaintiffs victims. dealers, and trade associations. who were unsuccessful at the trial The findings section of the bill We are being asked to do this for an court level. The results of these cases states: industry that already enjoys an exemp- are what one would expect as suits [T]he possibility of imposing liability on tion from the Federal health and safety against any industry: Some cases are an entire industry for harm that is solely regulations that apply to virtually dismissed, some cases are won by plain- caused by others is an abuse of the legal sys- every other product made in this coun- tiffs, some are on appeal, others are the tem. try. There is no crisis. There is no result of a settlement between the par- That sounds reasonable until you showing that the gun lobby is in danger ties. consider that the very essence of the of extinction as a result of lawsuits. Now, the fact is, most of the legal de- cases the bill seeks to eliminate is that We must look at the facts and not fense costs faced by gun industry par- the harm suffered by victims of gun vi- the rhetoric. Again, as to a company ticipants have been covered by product olence is often not solely caused by that spends out of pocket $4,500 a year, liability insurance, with very little others, but that specific negligent con- when their sales are increasing by funding coming out of pocket. Again, duct by defendants in the industry con- about 11 percent, that is not a crisis. every industry in the country has to tributed to that harm. That is a key There is nothing, I think, substan- insure itself against these risks. It point here. This is not a situation as to tiated to suggest otherwise. seems to me there is nothing to indi- anyone in the industry—a manufac- Now, Mr. President, we are going to cate the insurance claims against these turer or dealer—who has followed all engage in a series of discussions over

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.039 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8915 the next several days here. But I think dealer—who failed to follow sales another case, Guzman v. Kahr Arms, a we have to be very clear, this legisla- guidelines recommended by the Na- lawsuit was filed by the family of 26- tion would undercut State laws and tional Shooting Sports Foundation— year-old Danny Guzman of Worcester, State court practices that have existed raise serious questions of negligence. MA, who was fatally wounded when a 9 for as long as the country has existed. The manufacturer of the gun, Sturm, mm gun stolen from a gun manufactur- It would do so for the benefit of a very Ruger, is a member of NSSF, yet it er’s plant was stolen by a drug-ad- special interest group. It would deny failed to require its dealers and dis- dicted employee who had a criminal access to courts for people who have tributors to follow the guidelines. At record. The manufacturer, Kahr Arms, been harmed, really harmed. one point in the proceedings, the West operated the factory without basic se- Let’s take some of these cases. Take Virginia gun dealer and the manufac- curity measures to protect against the case of Denise Johnson, the wife of turer of the gun asked Judge Irene thefts, such as metal detectors, secu- the late Conrad Johnson. Conrad John- Berger of Kanawha County, West Vir- rity mirrors, or security guards. Guns son was the bus driver who was the ginia, to dismiss the case. She heard were routinely taken from the factory final sniper victim of the Washington the gun seller’s legal arguments and re- by felons it had hired without con- area snipers. The snipers’ Bushmaster jected each of them, applying the gen- ducting background checks. The gun assault rifle was one of more than 230 eral rule of West Virginia law to allow used to kill Danny Guzman was one of guns that disappeared from the Bull’s the case to proceed. several stolen by Kahr Arms employees Eye Shooter Supply gun store in Wash- Here is a classic example. Someone before serial numbers had been ington State. The gun store’s careless comes in with another person, pur- stamped on them, rendering them vir- oversight of firearms in its inventory chases 12 guns at once, selects the tually untraceable. The guns were then raised serious questions of negligence guns, and pays with cash, but making resold to criminals in exchange for that fully deserved to be explored by sure the other person is the one whose money and drugs. the civil courts. name is run through the FBI records The loaded gun that killed Mr. Two hundred thirty misplaced weap- check, and then drives away. Doesn’t Guzman was found by a 4-year-old be- ons—if that is not at least a suggestion that raise suspicion in your mind if hind an apartment building near the of some negligence, I do not know what you are a conscientious dealer? Don’t scene of the shooting. Had Kahr Arms is. This legislation, had it been enacted you do anything other than call ATF? performed drug tests or background last year, would have denied the John- That is negligence in many respects. checks on the prospective employees or son family their rights in court, their Certainly a victim of that crime even- secured its facilities to prevent thefts, rights to go to that alleged negligent tually should have the right to take Danny Guzman might be alive today. A dealer and say: Without your action, that case to court. Massachusetts judge has held that the without your negligence, my husband, The gun industry bill would have suit states a valid legal claim for neg- our father, would be alive today. overridden that judge’s decision in ligence. But this bill would throw the But in addition to that, the manufac- West Virginia and thrown out the case case out of court, denying Danny’s turer’s actions also were questionable. of the police officers. Again, the Senate family their day in court. Despite questionable control activities rejected this legislation last year, and That is the reality of this legislation. in relation to their inventory at Bull’s in June 2004 Officers Lemongello and That is what we are protecting. We are Eye—serious and well-known problems McGuire won a $1 million settlement to protecting manufacturers who take no at the gun store—they were still able compensate them for their career-end- care in hiring employees, yet give to acquire weapons from the manufac- ing injuries. After the lawsuit, the them access and proximity to weapons, turer. As I indicated before, the John- dealer and two other area pawnshops and who employ no effective security sons were able to settle their claim in agreed to implement safer practices to measures. That, at least, is negligence. court. But if this legislation had passed prevent sales to traffickers, including a At least they should be tried in court. last year, they would have been thrown new policy of ending large-volume This legislation would immunize that. out. sales of handguns. These practices go Ask yourselves again, What incentive Now, there are other examples that beyond the law and are not imposed by would manufacturers such as Kahr are prevalent that also would have any manufacturers or distributors. Arms have to spend any money on been dismissed by this legislation had So here is another situation. It is not background checks, to spend any it been passed, and future cases if, in only the immediate compensation to money on security? None at all be- fact, we pass it in this session. these police officers whose whole lives cause, frankly, they have a free ride, a There is the case of David and careers have been changed irrev- pass. No one can touch them. And in Lemongello and Ken McGuire, former ocably; it is also making it safer for this legislation we are not about to police officers of Orange, NJ. On Janu- other people so the next time someone start regulating the manufacturing ary 12, 2001, Mr. Lemongello and Mr. wanders into this particular gun shop practices of gun manufacturers in the McGuire were shot several times by a of this dealer, they won’t be selling 12 United States. violent criminal who should never have or so handguns without seriously Now, every industry has good actors had a gun. Because of the injuries he checking who is buying. and bad actors and the firearms indus- suffered, Mr. Lemongello will never be Today, as we face another attempt in try is no exception. There are manufac- a police officer again. The gun used in the Senate to take away the rights of turers that produce high-quality prod- the shooting was one of 12 guns pur- innocent victims of gun lobby neg- ucts that feature necessary devices to chased by 2 individuals on a single day ligence, there are still many legitimate make the firearms as safe as possible. from Will Jewelry & Loan, a gun deal- pending cases that will be thrown out There are other manufacturers that ership in West Virginia. by the bill before the Senate. We can create poorly designed, poorly con- Mr. James Gray, a felon, used a always anticipate additional situa- structed firearms that are favored by woman with a clean record to purchase tions. In fact, there is a very strong criminals, that have no place in the all 12 guns at once with cash. He and likelihood that if this legislation home, at the shooting range, or on the woman came into the gun shop passes, whatever steps are taken today hunting grounds. Likewise, there are with thousands of dollars, and Gray by gun dealers and manufacturers will licensed dealers who comply with both pointed out guns he wanted, and then be abandoned or lessened because effec- the letter and the spirit of our gun laws had the woman purchase them in a tively they have a free pass. No one can and do everything in their power to en- clear example of a ‘‘straw purchase’’ to sue them. They don’t have to worry sure firearms are sold only to lawful evade the law. In fact, the gun dealer about the litigant going to court and buyers. There are other dealers who was so concerned about the suspicious saying, your sales practices or your be- routinely sell guns regardless of the transaction that, after taking the havior were negligent. We have given age or criminal background of the money and giving him the gun, he them immunity. In fact, one might buyer. Essentially, they wink and look called the ATF. But it was too late; the even anticipate more incidents. the other way. guns were already destined for the ille- But there are cases pending today This small minority of bad apple gal market. The actions of the gun that could be affected. For example, in dealers has a significant impact on gun

VerDate Aug 04 2004 02:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.040 S26JYPT1 S8916 CONGRESSIONAL RECORD — SENATE July 26, 2005 violence on our streets throughout the conscientious individuals follow the Let me share with our colleagues this country. According to the Federal data laws. But this legislation protects letter from Beretta Corporation. It was from 2000, 1.2 percent of dealers ac- these individuals as well as the con- mailed out in 2005 by Mr. Jeff Reh, gen- count for 57 percent of all guns recov- scientious dealers. Again, it is inappro- eral counsel, written to the Vice Presi- ered in all criminal investigations; 57 priate, unfortunate, unsubstantiated. dent of the United States. He says a percent of the guns recovered in crimi- Where is the crisis? All the public few weeks ago the District of Columbia nal investigations pass through their records we have of the gun manufactur- Court of Appeals issued a decision sup- hands. Does that suggest there are ers say there is no material impact on porting a DC statute that those manu- some gun dealers who are negligent, the financial well-being. Those are re- facturers of semi-automatic pistols and who are not following the letter or the ports submitted to the SEC, not press rifles are held strictly liable for any spirit of the law? And the gun manu- releases from lobbying groups. We are crime committed in the District with facturers know who the problem deal- going to upset the traditions of tort such a firearm. ers are because when guns are recov- law throughout this country for a situ- It had not been used until the Dis- ered at crime scenes, they receive fire- ation where no crisis exists. trict of Columbia recently filed a law- arm tracing reports that show which Again, we have moved from consider- suit against the firearm industry in an dealers sell disproportionally to crimi- ation of one of the most significant attempt to hold firearm makers, manu- nals. But in too many cases, the gun pieces of legislation we consider every facturers, importers, and distributors industry refuses to police itself. year, the Armed Forces authorization, liable for the cost of criminal gun mis- If this legislation passes, there will to deal with this issue—no crisis, no use in the District. be less incentive to take precautions, substance, but an industry-political The court of appeals, sitting en banc, to take steps to prevent guns from get- motivation by the NRA and the gun dismissed many parts of the case but ting in the hands of those people who lobby to protect their members from did rule that: would use them irresponsibly. bona fide allegations of negligence in Victims of gun violence can sue firearm The national crime gun trace data certain cases. manufacturers simply to determine whether from 1989 through 1996 gathered by the There is no explosion of suits. These that company’s firearm was used in the victim’s shooting, and if so, they become liable. U.S. Bureau of Alcohol, Tobacco, Fire- are minimal, a fraction of the tort arms and Explosives indicates the fol- suits in this country. Yet we are here He goes on to say that such a deci- lowing gun dealers sold the highest today to devote a huge amount of time sion ‘‘will make firearm manufacturers number of crime guns in America and after moving away from the Defense liable for all costs attributed to such exhibited crime gun tracing patterns bill to consider this legislation. Proce- shootings, even if the firearm involved indicative of drug trafficking. Whereas durally, it is terrible. We should be was originally sold in a State far from most gun dealers have been associated talking now, as we all hoped we would, the District of Columbia and to a law- with zero gun traces, guns sold by about further benefits for our military ful customer.’’ If you sell a gun to somebody in Min- these suspect gun dealers turn up in personnel, about improving their qual- nesota and they bring it to DC and the wrong hands over and over again. ity of life, improving their equipment, some criminal uses it to shoot some- For example, in Badger Outdoors, giving them the resources to defend us. body, the gun manufacturer now be- Inc., of West Milwaukee, Wi, the dealer Yet we are now staked out, literally, to comes liable for that Beretta or Smith sold 554 guns traced to a crime, and 475 try to provide benefits for the neg- & Wesson or whoever made it. They go of those guns had a ‘‘short time to ligence of a few people in an industry on to say this decision ‘‘has a likeli- crime’’ as defined by ATF. The guns that has no financial crisis and is in no hood of bankrupting not only Beretta, were involved in at least 27 homicides, danger of going away. 101 assaults, 9 robberies, and 417 addi- I yield the floor. but every maker of semiautomatic pis- tional gun crimes. The dealer also sold The PRESIDING OFFICER. The Sen- tols and rifles since 1991.’’ There are at least 1,563 handguns in multiple ator from Alabama. hundreds of homicides committed with sales. From 1994 to 1996, straw pur- Mr. SESSIONS. Mr. President, there firearms each year in DC, and others chaser Lawrence Shikes bought 10 guns still remains a very serious problem are injured. And the defendants, under from Badger. In one case, he imme- and a very serious threat to gun manu- this bill, would have no defense that diately sold the gun to an undercover facturers in the United States. Sure, a they originally sold the pistol or rifle Federal agent who told Shikes he was a lot of these cases have not been suc- to a civilian customer. So they ask felon. Several weapons Shikes pur- cessful because they are so bogus, so that this legislation be supported. chased have been recovered from a kill- contrary to classical rules that a per- Without it, companies like Beretta, Colt, er, a rapist, a convicted armed robber, son is not liable for an intervening ac- Smith & Wesson, Ruger, and dozens of others, could be wiped out by a flood of lawsuits a man who shot a police officer, and tion done by a criminal, an intervening emanating from the District. This is not a three juvenile shooting suspects. criminal act. theoretical concern. So, again, a very small percentage, I will add, when I was a U.S. attor- The instrument to deprive the United but still we are immunizing these peo- ney, an individual walked off a vet- States citizens of the tools through which ple also. This legislation doesn’t make erans hospital grounds and was mur- they enjoyed a second amendment freedom any distinction between competent, dered. They sued the VA hospital for now rests in the hands of trial lawyers in the conscientious gun dealers. It is every- wrongful death. I defended on the the- District. Equally grave, control of the future ory that the hospital could be liable supply of firearms needed by our fighting one. And we know everybody is not fol- forces and law enforcement officials and pri- lowing the rules as scrupulously as under certain circumstances, but there vate citizens throughout the country also they should. was a strong principle of law which I rests in the hands of these attorneys. We will To put a check on the behavior, if cited that an intervening criminal act seek Supreme Court review of this decision, you are harmed and injured by this is not foreseeable. You are not ex- but the result of a Supreme Court review is negligence, go to court and say, I have pected to foresee that someone will not guaranteed. Your help might provide our been harmed, this defendant contrib- take a lawful product and use it to only chance of survival. uted to my injury and I seek compensa- commit a crime or that they would It is the principle of the thing we are tion, this legislation will tell that vic- commit a crime. This is a settled legal concerned about, first and foremost. Do tim, go away; the courts are closed to principle. we believe that a manufacturer who you. We are eroding these things and we complied with the law and who sold a There are other cases. Realco Guns of end up with all kinds of problems. That gun in Minnesota or in Kansas and sold Forestville, MD; Southern Police is one of the things disrupting our legal it lawfully, according to the rules of Equipment, Richmond, Va; Atlantic system, particularly if there is a polit- the State of Alabama or Minnesota and Gun & Tackle, Bedford Heights, OH; ical cause here, a group of people who Federal Government rules, and that Colosimo’s of Philadelphia, PA; Don’s absolutely oppose firearms in any fash- gun ends up in the District of Colum- Guns & Galleries in Indianapolis, IN. ion. Mayors in major cities are encour- bia, they now become liable for an in- Throughout the country, the exception aging these lawsuits and pushing them. tervening criminal act? That is not a to the rule, and the rule is generally We end up with some real problems. principle of law that can be defended,

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.042 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8917 according to justice or fairness. But we And if they can maintain a lawsuit crime. John Malvo—if he commits a are in that mode now of using the also, if you aided and abetted or con- crime using a gun, he should be the one courts to effect a political agenda that spired to sell or dispose of a qualified that pays and is sued in our system goes beyond what the Congress and product, knowing or having reasonable but, of course, people say Malvo elected representatives are prepared to cause to believe the buyer of the quali- doesn’t have any money, so we will sue vote. In effect, it would bankrupt these fied product was prohibited from pos- Wal-Mart because Wal-Mart sold the companies and may be able to prohibit sessing or receiving a firearm, which gun to somebody and it eventually people from even having firearms or would include a straw purchase, if you went through somebody’s hands and certainly denying them a place to go know you are selling it to this person they got it, or whatever store sold the buy a new firearm and ultimately de- and you know it is going to that per- gun. Or we will even sue Smith & nying them the right to purchase fire- son, then you would know that would Wesson in Boston because they sold the arms. be improper and it would be a negligent gun and somebody was injured with it. So that is what we are concerned entrustment or violation of the stat- What kind of law is that? I am very about. We are not trying to overreach ute. concerned about this theory. We have here. We are trying to eliminate this I think those are important excep- moved so far from our principle of li- political abuse of the legal system to tions, as are many others. So it doesn’t ability. That is why it is quite appro- effect a policy decision not subject to give immunity to gun dealers. That priate here. And there may be other in- being won in the legislative branch. much we can say for sure. Now, it has stances with other businesses around Under this bill, I think it is very im- been said that, well, these dealers—this the country that are being unfairly portant to note that you can sue gun little gunshop down here did something held liable for actions that should not sellers and manufacturers who violate wrong and they would have insurance be their responsibility. the law. It is crystal clear in the stat- and the insurance company would pay. I will make a point about the serial ute that this is so. To start off, one of It is not so bad on them. But, Mr. number. I raised an issue I am person- the first things it says is an action can President, that is a slippery slope, an ally aware of. The manufacturers have be brought against a transferer—that unwise public policy argument that I to put a serial number on every gun, is, a seller—of a gun by any party di- think we use too much. One of the which has to be recorded every step of rectly harmed by the product of which things that raises questions in my the way as it moves from the manufac- the transferee is so convicted for vio- mind about the effectiveness of a lot of turer, to the distributor, to the subdis- lating the law. It also says this in para- litigation today is it is argued that it tributor, to the retail store, to the cus- graph 2: is going to punish this person who did tomer. They are recorded and kept up These are actions that are allowed to be something wrong. But in truth, the in- with. A statement is filed including the maintained by this legislation and are not surance company pays all of it prob- name, address, phone number, driver’s constricted.—An action brought against a ably—maybe all of it, maybe a small license, and a number of other things seller of the gun for negligent entrustment deductible is paid by the wrongdoer, that are required by State and Federal for negligence per se. and insurance company pays the cost law before it can ever be sold. It is now, It is some sort of negligent act that of defending the lawsuit. It is not the and has been for many years, a crime gave the gun to the customer. We will wrongdoer. So the juries are told they to produce a gun that does not have leave it at that. are punishing this wrongdoer who that serial number, and it is a crime to No. 3, an action can be brought made an error, but really the insurance erase it. It is a crime to sell a gun that against a manufacturer or seller of a company pays it. What happens? They doesn’t have a serial number on it or qualified product, or gun, who know- raise the rates on everybody. So if one has a number that has been erased. ingly violated a State or Federal stat- gun dealer has messed up and he gets When I was a Federal prosecutor, I ute applicable to the sale or marketing sued, as he should be, and he has to pay prosecuted many cases—30, 40, or 50 of the product when that was the proxi- a verdict, the weird way our system is cases—in which criminals, thinking mate cause of the injury, such as the 12 working today is the insurance com- they could somehow avoid detection, guns being sold and mentioned by Sen- pany pays the verdict, and everybody’s would file off the serial number or ator REED earlier. I suspect that vio- rates go up—every gun dealer who com- somebody filed it off for somebody and lated a law. It is certainly a violation plies with the law, their rates go up delivered it to them, and both of them of the law for a person to knowingly or too. It is something that has been have committed a crime at that point. negligently entrust a gun to someone bothering me as time goes by. That is because we want to be able to when they believe or have reason to be- They are stating, as legal theories, identify that weapon and not have it lieve that it is a straw purchase. That broad powers and requesting broad re- subject to moving around without would be a violation of the law. You lief, similar to some of the things I being able to be identified. have to produce an ID, sign a state- mentioned here in the District of Co- I would just say, there are a lot of ment, say it is your gun, say you have lumbia in the Beretta letter. Some- laws that we pass in our legal system not been convicted of a crime, say you times the plaintiffs have argued that to clamp down on the sale of guns be- are not a drug addict, where your resi- the very sale of a large number of guns cause they are, indeed, a dangerous in- dence is, and other laws that States and pistols, when a manufacturer strumentality. But our Constitution and communities may have, such as knows that some of those ‘‘might’’ end provides the right of citizens to keep waiting periods, before you can pick it up in the hands of criminals, means and bear arms. Our State and local up. You have to wait for the back- that they become liable. What kind of laws provide that protection to our ground check to see if those state- law is that? It is a stretch beyond the citizens, and we set many restrictions ments you made are valid. breaking point that if you comply with on it. The problem we are dealing with So you can still bring those lawsuits the law, you sell a firearm to a lawful is the possibility that courts will cre- if you don’t comply with that. Law- customer in your shop and they have ate legal liability on a manufacturer of suits can be brought whenever the the proper identification, and you take a lawful product, a lawful product that manufacturer or seller knowingly all the proper steps, somehow that you has been sold according to the strict made any false entry or failed to make, become liable if that person utilizes it requirements of Federal and State law, negligently or otherwise, an appro- unlawfully or sells it or gives it to and that they somehow become an in- priate entry in any record required to somebody who utilizes it unlawfully. surer of everything wrong that occurs be kept under Federal or State law That is not the way the American as a result of the utilization of that with respect to the qualified product or legal system works. Those are the lawful product. if they aided or abetted or conspired kinds of lawsuits being pushed, I sub- All we are trying to do is bring some with any person in making any false or mit, for political reasons because peo- balance. I think the statute has been fictitious oral or written statements ple are frustrated that they have not gone over for many years now. People with respect to any material fact to been able to get the legislatures to on both sides of the aisle understand; the law necessary in the sale or other eliminate firearms. Who should be lia- there are probably 60-plus votes of peo- disposition of the qualified product. ble? The person who commits the ple who are prepared to vote for this

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.044 S26JYPT1 S8918 CONGRESSIONAL RECORD — SENATE July 26, 2005 legislation. One reason it has that kind criminal shooting in the District, these com- coming to us with a shortfall right now of broad support is that the bugs have panies do not have the resources to pay the and asking for emergency funding, been worked out of it. Things that resultant judgment against them—a judg- then a debate on what we are going to would have gone too far have been ment against which they would have no de- do for next year. fense if the pistol or rifle was originally sold eliminated. People have had many to a civilian customer. This is a very important amendment. months to review it. I think we have a When the D.C. law was passed in 1991, it It was pending prior to the vote on good piece of legislation. was styled to apply only to the makers of whether to invoke cloture, or to bring I respect my colleagues who differ, ‘‘assault rifles’’ and machineguns. Strangely, one level of debate to a close. If cloture but I strongly think it would be in the the definition of ‘‘machinegun’’ in the stat- had been invoked, this amendment interest of good public policy to pass ute includes semiautomatic firearms capable would not be in order to be voted on. It this legislation, and that is why I sup- of holding more than 12 rounds. Since any would not have been in order, which is port it. magazine-fed firearm is capable of receiving why, among other reasons, I voted not magazines (whether made by the firearm I offer the letter from the Beretta manufacturer or by someone else later) that to proceed to invoking cloture. Corporation and ask unanimous con- hold more than 12 rounds, this means that There are a number of very impor- sent it be printed in the RECORD. such a product is considered a machinegun in tant amendments that address the There being no objection, the mate- the District, even though it is semiauto- needs of our troops and their families, rial was ordered to be printed in the matic and even if it did not hold 12 rounds at and other important issues about keep- RECORD, as follows: the time of its misuse. ing us safe, securing nuclear materials, The Protection of Lawful Commerce in BERETTA U.S.A. CORP., and other critical issues that were Accokeek, MD, May 11, 2005. Arms Act (S. 397 and. H.R. 800) would stop brought forward by colleagues on both this remarkable and egregious decision by Hon. RICHARD B. CHENEY, sides of the aisle. These are amend- the D.C. Court of Appeals. The Act, if passed, Vice President of the United States, Eisenhower ments that need to be debated and in- Executive Office Building, Washington, DC. will block lawsuits against the distributors and dealers of firearms for criminal misuse cluded, in many instances, I would say, DEAR MR. VICE PRESIDENT: A few weeks in the Defense reauthorization bill. ago, the Washington, D.C. Court of Appeals of their products over which they have no issued a decision supporting a D.C. statute control. I am deeply disappointed that instead that holds the manufacturers of semiauto- We urgently request your support for this of proceeding with that work and get- matic pistols and rifles strictly liable for legislation. Without it, companies like Be- ting it done in the next day or two, any crime committed in the District with retta U.S.A., Colt, Smith & Wesson, Ruger which we on this side of the aisle com- such a firearm. and dozens of others could be wiped out by a mitted to do—our leader indicated we flood of lawsuits emanating from the Dis- Passed in 1991, the D.C. statute had not would commit to stay here and get been used until the District of Columbia re- trict. This is not a theoretical concern. The in- that work done—instead of doing that, cently filed a lawsuit against the firearm in- we saw the leadership put this aside dustry in an attempt to hold firearm mak- strument to deprive U.S. citizens of the tools ers, importers and distributors liable for the through which they enjoy their 2nd Amend- and go to another issue that is of con- cost of criminal gun misuse in the District. ment freedoms now rests in the hands of cern, I know, to the gun industry. Although the Court of Appeals (sitting en trial lawyers in the District. Equally grave, But we are at war. We are at war. We banc in the case D.C. v. Beretta U.S.A. et al.) control of the future supply of firearms need- have men and women who need our dismissed many parts of the case, it affirmed ed by our fighting forces and by law enforce- best efforts, both those who are our the D.C. strict liability statute and, more- ment officials and private citizens through- troops serving us, as well as those who over, ruled that victims of gun violence can out the U.S. also rests in the hands of these attorneys. have a veteran’s cap on right now who sue firearm manufacturers simply to deter- have served us in other wars or come mine whether that company’s firearm was We will seek Supreme Court review of this used in the victim’s shooting. decision, but the result of a Supreme Court home from Iraq and Afghanistan. It is unlawful to possess most firearms in review is also not guaranteed. Your help in I want to speak to the Defense au- the District (including semiautomatic pis- supporting S. 397 and H.R. 800 might provide thorization bill which I strongly sup- tols) and it is unlawful to assault someone our only other chance at survival. port, as well as the amendment that I using a firearm. Notwithstanding these two Sincerest and respectful regards, hope we will return to when we come criminal acts, neither of which are within JEFFREY K. REH, back to the Defense bill. I hope it will the control of or can be prevented by firearm General Counsel, and Vice-General Manager. be very quickly because our men and makers, the D.C. strict liability statute (and women in the armed services are the D.C. Court of Appeals decision sup- The PRESIDING OFFICER. The Sen- counting on us to get the work done porting it) will make firearm manufacturers ator from Michigan. liable for all costs attributed to such shoot- and make it the best product we can Ms. STABENOW. Mr. President, this possibly make it in terms of our na- ings, even if the firearm involved was origi- is an important debate and discussion, nally sold in a state far from the District to tional defense and the Defense reau- a lawful customer. but I ask unanimous consent to speak thorization. Beretta U.S.A. Corp. makes the standard on a different topic and have it count I do support the 2006 Defense author- sidearm for the U.S. Armed Forces (the Be- against the 30 hours. ization bill. I believe providing the retta M9 9mm pistol). We have long-term The PRESIDING OFFICER. Without equipment and resources our service contracts right now to supply this pistol to objection, it is so ordered. men and women need to do their jobs is our fighting forces in Iraq and these pistols GUARANTEED VETERANS HEALTHCARE have been used extensively in combat during one of our most important responsibil- the current campaign, just as they have seen Ms. STABENOW. Mr. President, I had ities, which is why I wish we were de- use since adopted by the Armed Forces in hoped at this time to come to the floor bating that right now. This duty is es- 1985. Beretta U.S.A also supplies pistols to to vote on an amendment that I intro- pecially important, as I said before, in law enforcement departments throughout duced with Senator TIM JOHNSON and a time of war. As everyone knows, our the U.S., including the Maryland State Po- other colleagues, to make sure that men and women in uniform are under lice, Los Angeles City Police Department veterans health care funding is, in fact, tremendous stress as they either pre- and to the Chicago Police Department. We secured and stable for the future pare to deploy or are currently serving also supply firearms used for self-protection through an amendment which was sup- and for sporting purposes to private citizens their country in Iraq and Afghanistan. throughout our country. ported by the American Legion—by I am pleased the Defense reauthoriza- The decision of the D.C. Court of Appeals many groups—the Disabled American tion bill will authorize a 3.1-percent to uphold the D.C. strict liability statute has Veterans, Blind Veterans of America, pay raise for military personnel and the likelihood of bankrupting, not only Be- Jewish War Veterans of the USA, provide $70 million in additional funds retta U.S.A., but every maker of semiauto- AMVETS, Veterans of Foreign Wars, for childcare and family assistance matic pistols and rifles since 1991. There are Paralyzed Veterans, Military Order of services for our military families. hundreds of homicides committed with fire- the Purple Heart, Vietnam Veterans— I know Senator MURRAY has an addi- arms each year in D.C. and additional hun- all of whom want us to pass the dreds of injuries involving criminal misuse tional amendment that relates to sup- of firearms. No firearm maker has the re- Stabenow amendment which would porting families and childcare, which I sources to defend against hundreds of law- make veterans health care funding think is very important. suits each year and, if that company’s pistol mandatory, reliable, rather than hav- Foremost in the minds of the men or rifle is determined to have been used in a ing the situation we are in with the VA and women in uniform with whom I

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.046 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8919 visit is the safety and security of their tion, to provide full funding for VA The task force released its report in families. The bill that was pulled in health care to ensure that the VA has May of 2003, well before we understood order to have this debate on gun manu- the resources necessary to provide the impact of our men and women facturers is a bill that also authorizes quality health care in a timely manner fighting in Iraq and Afghanistan, and $350 million in additional funding for to our Nation’s sick and disabled vet- what that would mean to our veterans’ up-armored vehicles, and $500 million erans. The Stabenow-Johnson amend- health care system. If this mismatch for the Improvised Explosive Device ment provides guaranteed funding for between demand and resources was bad Task Force. America’s veterans from two sources. in May of 2003, imagine what it is It also continues our strong support First, the legislation provides an an- today. That is why we see this gap. for the Nunn-Lugar cooperative threat nual discretionary amount that would That is why we need to address—and reduction programs that work to keep be locked in future years at the 2005 the Senate has now passed, twice—$1.5 weapons of mass destruction out of the funding level. Second, in the future— billion for emergency spending for vet- hands of terrorists—an incredibly im- and importantly—the VA would receive erans health care. portant effort that needs to be fully a sum of mandatory funding that Over 360,000 soldiers have returned funded and receive our full commit- would be adjusted year to year based from Iraq and Afghanistan, and over ment in every way. on changes in demand from the VA 86,000 have sought health care up to These and other important provisions health care system and the rate of this point from the VA. of this legislation will help make our health care inflation. In other words, it There are an additional 740,000 mili- country safer, make our troops safer would depend on the number of vet- tary personnel who served in Iraq and and more capable as they serve us erans rather than this arbitrary debate Afghanistan. They are still in the serv- abroad. now on inflationary increases. ice. This next generation of veterans I met with men and women from We know the current formulation has will be eligible for VA health care and Michigan and across the country who not worked because the VA tells us will place additional demands on a sys- are recovering at Walter Reed Army that they are over $1 billion short now tem that is already strained. Medical Center. Some have suffered in funding for health care services for In addition, each reservist and Na- minor injuries that will not have a dra- our veterans. I think that is absolutely tional Guardsman who has served in matic impact on the rest of their lives. inexcusable, and it needs to be fixed Iraq is eligible for 2 years of free health Others, because of their injuries, will permanently. The amendment that we care at the VA. I support that. The ad- need years of rehabilitation and will have offered creates a funding mecha- ministration has in its own way admit- face considerable obstacles as they re- nism that will ensure that the VA has ted that they do not have sufficient return to their civilian lives. We owe the resources it needs to provide a sources to provide adequate care for these men and women our continued steady and reliable stream of funds to America’s veterans. While they would support so they can recover from their care for America’s veterans, and it will not until recently admit that there was injuries and lead productive lives. also ensure that Congress will continue a shortfall, they have for years at- Today’s soldiers are tomorrow’s vet- to be responsible for the oversight of tempted to ration care and cut services erans. America has made a promise to the VA health care system, as it does at the expense of our Nation’s vet- these brave men and women to provide with other Federal programs that are erans. This is just not acceptable. them with the care they need and de- funded directly from the U.S. Treasury. In 2003, the VA banned the enroll- serve. They deserve the respect and In fact, this amendment would bring ment of new priority 8 veterans. For support of a grateful nation when they funding for veterans health care into the past 3 years I fought attempts by return home. We also owe it to the men line with almost 90 percent of the the administration to charge our mid- and women who have fought America’s health care funding that is provided by dle-class veterans a $250 enrollment fee prior conflicts to maintain a place for the Federal Government. Almost 90 to join the VA health care system, and them in the VA system so they can re- percent of federally funded health care a 100-percent increase in prescription ceive the care they need. We need to programs are in the mandatory cat- drug copays. keep our promises to our veterans, egory, not discretionary. Why in the This year the administration also young and old. world would we say to our veterans proposed slashing Federal support for Today, I was privileged to participate they don’t deserve the same kind of the State veterans homes from $114 in a press conference before the ques- treatment in terms of the Federal million to $12 million. The heads of the tion came up about closing debate on budget for mandatory spending that Grand Rapids Home for Veterans and these kinds of amendments. I was other programs receive, such as Medi- the D.J. Jacobetti Home for Veterans pleased that the current National Com- care and Medicaid? in Marquette tell me these cuts would The amendment also requires a re- mander, Tom Cadmus, who is from be devastating to them in serving our view in 2 years by the Comptroller Michigan, was there representing the veterans in Michigan. The fiscal year General to determine whether adequate American Legion. There were numer- 2005 and 2006 VA health budgets are a funding for veterans health care was ous other veterans organizations rep- case study in why Congress should achieved. Depending on the outcome of resented, as I listed earlier in my com- guarantee reliable and adequate re- this review, Congress would have the ments. All of them were saying to us: sources through direct spending. Last opportunity to make changes to the March, the President submitted an in- Let’s stop this taking from one pocket law to ensure that veterans receive the adequate fiscal year 2005 budget re- to put in the other, taking from Peter care they deserve. quest for VA health care to Congress. to pay Paul, with our veterans. Let’s The problem we face today is that re- keep the promise of veterans health sources for veterans health care are That fell $3.2 billion short of the rec- care, period, and put veterans health falling behind demand. In other words, ommendation of the Independent Budg- care into a category that will allow we are creating more veterans than we et, which is an annual estimate of crit- that to happen on an ongoing basis. are covering under our health care sys- ical veterans health care needs by a co- I believe we must consider the ongo- tem. Shortly after coming into office, alition of leading veterans organiza- ing costs of medical care for America’s the President created a task force to tions. In fact, in February 2004, An- veterans as part of the continuing improve health care delivery for our thony Principi, then the Secretary of costs of national defense. The long- Nation’s veterans. The task force found the VA, testified before Congress that term legacy of the wars we fight today that historically there has been a gap the request the President submitted to is the care for the men and women who between the demand for VA care and Congress fell $1.2 billion short of the have worn the uniform and been will- the resources to meet the need. The amount he had recommended. It then ing to pay the ultimate price for their task force also found that: fell to Congress to again increase the amount provided to VA for health care. Nation. The current mismatch is far greater . . . Senator JOHNSON and I and other col- and its impact potentially far more detri- The final amount Congress provided to leagues are offering this amendment, mental, both to the VA’s ability to furnish the VA for health care was $1.2 billion which is currently still pending on the high-quality care and to support the system over the President’s request. While Department of Defense reauthoriza- to serve those in need. above the President’s request, it was

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.047 S26JYPT1 S8920 CONGRESSIONAL RECORD — SENATE July 26, 2005 still not enough to meet the immediate to provide for veterans health care District of Columbia simply upheld the needs. needs. We should not have to pass an statute. They acted appropriately, pro- In April of this year, I supported an emergency funding bill to give our vet- cedurally correct, and the statute is in amendment by Senator MURRAY to the erans the health care they have earned. force. I do not know if this is the in- fiscal year 2005 supplemental to Iraq Imagine that. It is not acceptable. It tent of the suggestion, but a lot of the and Afghanistan to provide $1.9 billion has been over a month and Congress debate today has been about letting for veterans medical care, specifically has still not resolved the $1.3 billion legislators and legislatures do their for those veterans returning from Iraq shortfall in VA medical services for jobs without defying the court. In this and Afghanistan. this year. We owe our service men and situation of Beretta, that is exactly During the debate on the amend- women more than that. what happened. The DC Council acted, ment, we were again told that the In 1993, there were about 21⁄2 million the court of appeals said we have no President’s budget was sufficient. In veterans in the VA system, and there reason to disagree substantively with fact, on April 5, Secretary of Veterans are more than 7 million veterans en- what you have done and the law stands. Affairs Jim Nicholson sent a letter to rolled in the system, over half of which But I think there are much more im- the Senate that said: receive care on a regular basis today. portant points to be made in the con- I can assure you that the VA does not need Despite the increase in patients, the text of this legislation. The proposed emergency supplemental funds in the 2005 VA has received an average of a 5-per- legislation is not simply attempting to budget to continue to provide timely quality cent increase in appropriations over eliminate claims of strict liability service. That is always our goal. the last 8 years. At last count, at least against gun manufacturers, gun deal- Mr. President, since April the story 86,000 men and women who have re- ers, and trade associations. It goes all has changed, and we now know the turned from Iraq have sought health the way to wiping out a broad array of truth. care from the VA, and we can safely as- negligence claims. And the essence of On June 23, 2005, the VA testified be- sume this number will reach hundreds negligence is that the defendant, or the fore Congress that they forecasted a of thousands. This bill gives the re- one who is being accused of negligence, 2.5-percent growth in demand—in other sources our troops need to prepare and must fail to perform some duty, the words, more veterans, as we have all defend our country in Iraq. We must duty to the injured party. been saying, more veterans coming not forget them when they come home. There has to be some personal action, into the system—when in fact the in- We have an obligation to keep our not simply doing something that has creased demand this year is 5 percent. promises to our veterans. been legislatively ruled to be wrong. In They said 2.5 percent; it actually was 5 Mr. President, I am very hopeful that that context, one can look at the con- percent. This has left the VA with a $1 we will quickly return to the Defense cerns of the Beretta Company about billion shortfall. I was proud to support reauthorization bill and have the op- strict liability much differently than an amendment the following week to portunity to show our veterans all in this legislation, and I think it would the Senate’s Interior appropriations across America that we will perma- be wrong to assume and argue that be- bill that provided an additional $1.5 bil- nently keep our commitment to them cause they are concerned about strict lion for veterans health care. The fol- by passing the Stabenow-Johnson liability applied entirely to the legisla- lowing day, on June 30, the House amendment. There are other important tion before us. passed emergency supplemental legis- amendments that remain in front of us Now I assume they oppose the legislation that would cut this by $575 mil- now because we have discontinued the lation. But the issue is much broader lion, in line with the President’s re- opportunity for us to improve on this than strict liability; it is negligence. It quest. bill, a bill I support, but a bill that is not a situation where a manufac- At the time, our friends in the House needs to be the very best that we can turer or an individual will be held lia- suggested that the Senate was making do for our men and women serving us ble for something they never did. The up numbers. In fact, we wanted to be today and for our veterans. I hope we essence of negligence is you have to sure that the VA had enough funds to will quickly return to it and that we fail to perform a duty, and that is at cover the shortfall and to cover any po- will get about the business of con- the heart of the legislation before us, tential shortfall of next year. As it tinuing to work on these critical providing broad exemptions and immu- turned out, we received more bad news amendments and quickly bring this to nities for gun dealers, gun manufactur- from the administration a couple a close. And we can do it this week if ers, and trade associations whose own weeks ago, on July 14, when the admin- there is the will to do it so that we pro- conduct would at least lead to allega- istration requested another $300 mil- vide the very best to our men and tions in court of negligent behavior. lion for this year and a whopping $1.7 women in service and those who have I wanted to make those two points, billion for next year. The total short- come home and put on the veterans and I yield the floor. fall for this year and next now stands cap. Mr. President, I suggest the absence at nearly $3 billion. Mr. President, I yield the remainder of a quorum. The Interior appropriations bill is of my time under the 30 hours to Sen- The PRESIDING OFFICER. The currently in conference. I am hopeful ator REED. that the bill will include $1.5 billion for The PRESIDING OFFICER. The Sen- clerk will call the roll. this year, as the Senate has twice ator from Rhode Island. The bill clerk proceeded to call the unanimously supported. Further, last Mr. REED. First, let me thank the roll. week the Senate Appropriations Mili- Senator for yielding the time. I appre- Mrs. MURRAY. Mr. President, I ask tary Construction and Veterans Affairs ciate that very much. I want to make unanimous consent that the order for Subcommittee, under the able leader- some brief comments. the quorum call be rescinded. ship of Senator HUTCHISON and Senator My colleague and friend from Ala- The PRESIDING OFFICER. Without FEINSTEIN, included extra funding to bama made reference to the Beretta objection, it is so ordered. cover the 2006 shortfall in VA health Company and apparently their concern Mrs. MURRAY. Mr. President, I ask care. about legislation in the District of Co- to speak on a nongermane topic for ap- Mr. President, I recall all of these lumbia. I want to make a few points to proximately 10 minutes. events to make two points. First, it is clarify what I believe the context of The PRESIDING OFFICER. Without clear that the demand for VA health this letter from Beretta is. First, the objection, it is so ordered. care is increasing, and a good portion District of Columbia Council appar- Mr. SESSIONS. Mr. President, re- of this increase can be attributed to ently passed strict liability legislation serving the right to object, the time men and women seeking care after which is an example of an elected body, would be counted against the 30 hours; they have returned from Iraq and Af- not a judge, making up laws. We might is that correct? ghanistan. Second is to show that de- disagree with them, but the point is The PRESIDING OFFICER. The Sen- spite the best intentions of the VA and that this is an elected body doing this; ator is correct. Congress, the VA does not have a reli- this is not judge-made law. As I under- Mr. SESSIONS. No objection. able, and dependable stream of funding stand it, the Court of Appeals for the Mrs. MURRAY. I thank the Chair.

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.049 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8921 BRIAN HARVEY Most people diagnosed with mesothe- reach. I know eventually we will ban Mr. President, I rise this afternoon to lioma who do not receive treatment die asbestos, we will ensure victims are honor Brian Harvey. He is a loving hus- within 8 months. Those who do receive treated fairly, we will find new treat- band, father, grandfather, teacher, ad- treatment increase their life expect- ments for asbestos disease, and we will vocate, and a hero in the fight to pro- ancy to an average of only 18 months. protect future generations from this tect Americans from deadly asbestos. Overall, a person’s chance of surviving epidemic. When that day comes, all of Anyone who has followed the debate 5 years is 1 in 20. Brian lived 6 years us will have Brian Harvey to thank. over asbestos in Congress will imme- after being diagnosed. He was truly one Again, I extend my thoughts and my diately remember Brian for his boom- in a million. prayers to Brian’s lovely family and ing voice, for the way he could capture Brian Harvey was lucky in many his many friends. Last week, when the attention of every person in a ways. He was diagnosed early. He got Brian was in the hospital, I spoke to packed committee hearing room and experimental treatment at the Univer- his wife Sue and his daughter Anne. for his commitment to saving lives and sity of Washington. He had skilled doc- Brian was not well enough for me to bringing victims the justice they de- tors and medical professionals, and he speak with him, but I talked to the serve. had the support of his entire family nurse at his bedside. I asked her to tell This picture shows him doing what and many friends. Many asbestos vic- Brian something that I have always he did best: urging Congress to ban as- tims are not that lucky. Brian recog- wanted him to know: You are my hero. bestos and to protect victims. Brian nized that, and he used the time he was Brian Harvey was given extra time on Harvey is my hero. given to speak up for others whose this planet to help other people. That Mr. President, it is my sad duty lives and families have been torn apart is exactly what he did. Brian Harvey today to report to the Senate that by asbestos. will always be my hero. Brian passed away on Friday, July 22. Brian Harvey is my hero because he I yield the rest of my time to the Today, I want to extend my condo- did not despair about his own personal Senator from Rhode Island. lences to his entire family, including challenges. Instead, he shared those Mr. SESSIONS. I suggest the absence his wife Sue, his daughter Valerie, his challenges with all of us, helping us to of a quorum. stepchildren Ethan, Anne, and Amy, understand the threat and to inspire The PRESIDING OFFICER (Mr. MAR- and his three grandchildren. But most- change in our public policy. And he did TINEZ). The clerk will call the roll. ly I want to share my thanks that it with an actor’s presence and a deeply The bill clerk proceeded to call the Brian was given more time on this human personal touch. Brian used to roll. Earth than many asbestos victims and say to me that the left side of his body Ms. MURKOWSKI. Mr. President, I that he used that time to help others. was made of Gore-Tex. And it was. But ask unanimous consent that the order I was very lucky to work with Brian that did not explain Brian’s toughness for the quorum call be rescinded. over the past 3 years. We came to- or his determination. The PRESIDING OFFICER. Without gether at an important time in both That came solely from his heart. objection, it is so ordered. our lives and in the history of congres- Brian Harvey is my hero because he Ms. MURKOWSKI. Mr. President, I sional action on asbestos. Back in 2002, made a difference. He pushed Congress ask unanimous consent to speak as in Brian was defying the odds in fighting to treat victims fairly and to ban as- morning business. mesothelioma and looking for a way to bestos. While that work is still a work The PRESIDING OFFICER. Without share his experience and to help others. in progress, Brian’s voice and passion objection, it is so ordered. At the same time, I was 1 year into my echo as loudly today as they did that TRAGEDY AT THE BOY SCOUT JAMBOREE effort in the Senate to ban asbestos. day 3 years ago when he stood beside Ms. MURKOWSKI. Mr. President, I was surprised and horrified to learn me as we introduced the bill for the when people ask me what is the best that asbestos was still being put in lots first time. Brian Harvey is my hero be- thing about Alaska, I can talk about of commonly used consumer products cause in the face of so many challenges the mountains, I can talk about the on purpose. In my research, I learned that could have drained his energy, he trees, I can talk about our great salm- about the deadly toll of asbestos dis- found the strength inside to fight the on. They are all very wonderful, very eases and about the lack of prevention, good fight. special. But the very best thing about research, and treatment. I wrote a bill Every time I stood up for asbestos Alaska is its people. The spirit of vol- to address those critical needs. I was victims, Brian Harvey was at my side. untarism and civic engagement is what very proud to have Brian Harvey at my He was there on June 28, 2002, when I makes Alaska one of the best places in side and at the podium as I introduced first introduced my bill. He was by my the Nation to live and to raise families. that bill in June of 2002. side in June of 2003 when we stood to- Alaskans not only invest their time Brian Harvey is my hero because he gether to call for fairness for asbestos and energy in their own children, they never hesitated to stand up and speak victims. On March 5, 2003, Brian testi- also invest it in the development of truth to power. Whenever we had a fied before the Senate Judiciary Com- their neighbors’ children. This spirit of hearing or press conference, whenever mittee, and with his passion and power giving manifests itself in the thousands Senators needed to understand the hor- he called for increased detection and of hours that adult volunteers con- ror of asbestos disease, whenever my fair compensation for asbestos victims. tribute to youth activities, such as legislation needed a little boost or a Three months later, on June 24, 2003, Scouting. powerful push, Brian Harvey was the the Judiciary Committee included my Scouting enriches the lives of young first person on a plane from Wash- ban in its reform bill. On March 25, people in many parts of my State be- ington State all the way here to Wash- 2004, at a press conference to call for cause adult volunteers give generously ington, DC. passage of my bill, Brian Harvey was of their time to work with our young Like so many asbestos victims, Brian there as well. people. My two boys have proudly par- was exposed to asbestos through no It is very hard for me to picture the ticipated in Scouting in the Mat-Su fault of his own. Brian grew up in next hearing or press conference with- Western District as members of Troop Shelton, WA, and like me he attended out Brian standing by my side. But I 176 in Anchorage. I am very proud of Washington State University. During will continue the fight. When Brian the opportunities they have through his summers back in college, Brian and I met 3 years ago, the odds were Boy Scouts. worked at a paper products mill in against both of us. The medical odds Now, as we know, last evening there Shelton, WA. That is where he was ex- were against Brian. Every day for him were four adult volunteers who were posed to asbestos fibers, but the dam- was a triumph. And the legislative associated with the Western Alaskan age of that exposure would not be re- odds, the chance we could pass a bill, Council of the Boy Scouts of America vealed until three decades later. were against both of us. We have made who lost their lives at the Boy Scout In September of 1999, Brian experi- progress, but we are not there yet. I Jamboree which is taking place at Fort enced shortness of breath and fatigue. know it will be harder without Brian’s A.P. Hill near Fredricksburg, VA. Ac- He was diagnosed with mesothelioma, advocacy, but I also know he has done counts in the newspapers this morning and the odds were stacked against him. so much to bring that goal now within back home in Anchorage were riveting,

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.050 S26JYPT1 S8922 CONGRESSIONAL RECORD — SENATE July 26, 2005 tragic, and I think they hit all of us in quent remarks and for taking this op- successful trip. It was in the spring- a place in our heart we are always portunity to reflect on the contribu- time, as I recall, and I do not think going to remember. tion of these Boy Scout leaders to the they had hot water at A.P. Hill. It was Mr. President, the four gentlemen moral and spiritual and emotional and cold water, but they made you take a who were killed last evening were: psychological maturation of young shower. We stayed in the old barracks Ron Bitzer of Anchorage. Ron and his boys. that were vacant at the time. The wife Karen had just recently made the The truth is, young boys today are Army was very helpful to us in making decision to move out of State. They having a harder time than girls in rela- that facility available. We were able to were selling their home, and they were tion to their graduation rate from col- use it as a base to come in to Wash- going to be moving out of State. lege, their crime rate, their imprison- ington and to tour the area during a Michael LaCroix, who I had the privi- ment rate. There are other problems trip that was very, very, very meaning- lege of working with on the Boys & occurring in boys. Boys are struggling ful to me and to others. Girls Club board. Mike was a small in our society today. I have on my mantlepiece in my of- businessman and owned a very success- I am a strong believer in the Boy fice here in Washington, on this very ful business in Anchorage. He was with Scouts. I thank so much the Senator day, a picture of that troop with all his son here in the jamboree. from Alaska for her kind remarks. I those kids—60 or more, I guess it was. Michael Shibe of Anchorage was also had the honor to be an Eagle Scout. A big chunk—maybe 12 or 14—at that here with two of his sons, twin boys. Every Thursday night, a group of us time were Eagle Scouts, and more than The fourth individual was Scott Pow- from Hybart, AL, met in Camden, AL, that became Eagle Scouts. ell. Scott moved from Alaska, as I un- which was 15 miles north of Hybart. It was a very, very important part of derstand, just last year. He had served Hybart was just a little crossroads our lives. The key to it was good lead- for more than 20 years as the program community. My father had a country ership. Our leaders, as those leaders in director of Camp Gorsuch, which is the store. There were a couple little stores. Alaska, gave untold hours to make Boy Scout camp in Alaska. People were farmers and carpenters those events meaningful. If you were In my office today, we were talking and worked at the railroad or what- not a good leader, you would not be about Scott Powell and the recognition ever. able to maintain a troop, and you that just about every Boy Scout in There were nine boys there. Of those would not be able to bring them from Alaska and the moms and dads who go nine boys, eight became Eagle Scouts. Alaska all the way down to A.P. Hill in either to help out at the camp or go I don’t think a single one had a parent Virginia as part of a Jamboree. there for the end-of-camp ceremonies who graduated completely from col- There are 32,000 Scouts at that Jam- knew, recognized, and loved Scott Pow- lege. One became a Life Scout, he al- boree, I understand, with over 3,000 ell. He touched the lives of countless most became an Eagle Scout. And as I leaders present. It is a very important Alaskan youth. think of those kids with whom I grew and good thing that at this very mo- All of these gentlemen are going to up, they did well. One is a Ph.D. now, ment we think about the thousands be terribly, terribly missed. teaching at the University of South and thousands of leaders in the Scout- Another Alaskan volunteer, Larry Carolina. One is a dentist in Charles- ing program all over America who have Call, of Anchorage, was injured in the ton. One is a medical doctor, Johnny meant so much to young people and incident. We understand he is hospital- Hybart from Hybart. He is in Pensacola have shaped their lives in so many ized. Of course, we are praying for his now, working at the hospital there. positive ways that would not have hap- speedy recovery. I do not intend to dwell this after- Bob Vick is a CPA. Pete Miles is an en- pened otherwise. When you go to your Scout meet- noon on the tragic details of what has gineering graduate and a former plant ing—every Thursday night, as we did— happened. The fact is, these men are manager at a major corporation. And you say that oath: On my honor, I will heroes and should not be remembered Andy and Greg Johnson both graduated do my best to do my duty to God and for the way they lost their lives but for from college, one in engineering and my country, to obey the Scout laws, to how they lived their lives. This is a one in business, and are very success- help other people at all times, to keep phrase that was coined by Vivian Eney, ful. Mike Hybart graduated with a hor- myself physically strong, mentally the widow of a U.S. Capitol Police offi- ticulture degree from Auburn and is in awake, and morally straight. cer, who lost her husband in a sudden the real estate business now. It was a great pleasure for me to par- Some find that offensive. I can’t and unexpected training accident. imagine why. What kind of objection The four Scout leaders who we pause ticipate as a member of Troop 94 in could somebody have to ideals such as to think about today will be remem- Camden. As the Senator from Alaska that. Every week you also recite the bered for the way they lived their lives. read the names of Michael Shibe and Scout laws. A Scout is trustworthy, They will be remembered as heroes for Michael LaCroix and Ronald Bitzer and loyal, helpful, friendly, courteous, the service they gave to the young peo- Scott Edward Powell, who were killed kind, obedient, cheerful, thrifty—you ple of Alaska. serving their boys, I thought of people At this time, Mr. President, I ask who meant so much to me: John Gates don’t hear that word much anymore— unanimous consent that the Senate ob- and Peyton Burford and Billy Malone brave, clean and reverent. Those are serve a moment of silence so we may and Dean Tait, and quite a number of good qualities. I don’t see anything in reflect upon the events that occurred others, and Rev. Frank Scott, my those qualities that violates the Con- last evening and so we may also ex- Methodist preacher who traveled with stitution or should in any way cause press our love and our support for the us on trips, and how much that meant them to not be able to be supported by Scouts and their family members. to me and us as a community and how the military on their bases. The PRESIDING OFFICER. Without it shaped our lives in ways that are I am thankful that the majority lead- objection, it is so ordered. really unknowable. er, BILL FRIST, offered legislation to (Moment of silence.) I also remember the most exciting make crystal clear that Scouts will be Ms. MURKOWSKI. Mr. President, my trip I ever took; it was with Troop 94 able to participate actively on our message to the families of these five and we stayed at Fort A.P. Hill, Camp military facilities as they have for so outstanding leaders and to all of the A.P. Hill, I believe it was called at the many years. Along with Senator Boy Scouts in Alaska and around the time. As our troop came to Wash- REED—a graduate of West Point he is— world is simple: Please know that the ington, I do not think a single member I serve on the board of West Point with Senate and, indeed, the Nation grieves of the troop had ever been to Wash- him. Senator REED chairs that board. I with you on this very difficult day. ington. We were from rural Alabama. remember one of the briefings we had I thank you, Mr. President. I yield Our leaders decided it would be a big about the young people who graduate the floor. trip, and everybody planned it for a from West Point and go on to a mili- The PRESIDING OFFICER. The Sen- year or more, and we came up. tary career. They said the two groups ator from Alabama. Our Scoutmaster, Mr. John Gates, of graduates that had the highest reen- Mr. SESSIONS. Mr. President, I was quite a leader, and Peyton Burford listment rate, the two groups that thank Senator MURKOWSKI for her elo- and the team of adults made it a highly made the Army a career in the highest

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.069 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8923 percentage, were children of former exploited by those who want to come In recent visits in McAllen, TX, and military parents and Eagle Scouts. here to do us harm. Laredo, TX, I learned from people who There is some connection there, a The reality is we need both stronger have been long familiar with the move- connection in terms of duty and honor enforcement and reasonable reform of ment of people back and forwards and commitment to country and to our our immigration laws. It is my opinion across our borders that the nature of creator in a way that is special. The that we, in the past, have not devoted illegal immigration has changed dra- Scouts and our military do share some the funds, the resources, or the man- matically. The number of aliens from ideals. power necessary to enforce our immi- noncontiguous countries, sometimes I thank the Chair for allowing me to gration laws or to protect our borders. called OTMs—in other words, people share these remarks. I appreciate the No discussion of reform is possible from countries other than Mexico—has Senator from Alaska so much for her without a clear commitment to—and a doubled in the last year alone. Already tribute to these fine leaders who gave substantial escalation of—our efforts this year the Department of Homeland their lives in service to the young men to enforce the law. Security has apprehended about 100,000 under their supervision. Over a series of months now, as aliens across the southern border who I yield the floor. chairman of the Immigration Sub- are from noncontiguous countries. The PRESIDING OFFICER (Mr. AL- committee of the Senate Judiciary While many of these individuals are EXANDER). The Senator from Texas. Committee, I have come to believe that coming from countries that you would Mr. CORNYN. Mr. President, I know increased enforcement alone cannot expect, countries in Central and South we are currently debating the motion solve the problem. Any reform proposal America, many come from countries to proceed on S. 397, the Protection of must both serve our national security that have direct connections with ter- Lawful Commerce in Arms Act. I am and our national economy. It must be rorism. For example, we know that the supportive of this legislation. I am capable of securing our country, but it Border Patrol has apprehended at least happy to see 65 of my colleagues join must also be compatible with our grow- 400 aliens from countries with direct me in invoking cloture today so we can ing economy. ties to terrorism. reach resolution on the bill later this As I mentioned a moment ago, as Former Deputy Secretary of the De- week. This is critical legislation for chairman of the Subcommittee on Im- partment of Homeland Security, Admi- gun manufacturers, some of whom migration, I have worked closely with ral James Loy, stated that ‘‘en- work in my State and employ hard- Senator KYL, who chairs the Terrorism trenched human smuggling networks working Texans. It is important for our Subcommittee of the Senate Judiciary and corruption in areas beyond our economy and for our national security. Committee, to conduct a thorough re- boarders can be exploited by terrorist I plan to speak about this issue in view of our Nation’s immigration laws. organizations.’’ He went on to state greater detail later, but I wanted to We have covered a wide variety of sub- that ‘‘several al-Qaeda leaders believe take a few moments to address another jects, and we have had the opportunity operatives can pay their way into the urgent matter. to hear from a diverse group of experts. country through Mexico and also be- I ask unanimous consent to speak as From an analysis of how the immigra- lieve that illegal entry is more advan- in morning business, and that the time tion system failed on 9/11, to the role of tageous than legal entry for oper- be discounted against the 30 hours. our neighboring countries in raising ational security reasons.’’ The PRESIDING OFFICER. Without living standards in their home coun- I believe the vast majority of the objection, it is so ordered. tries, our hearings have laid a founda- people who come to this country, even IMMIGRATION REFORM tion upon which we have developed a those who come outside of our laws, Mr. CORNYN. Mr. President, earlier comprehensive solution, one that will come here for understandable reasons. today, Chairman SPECTER of the Sen- not result in yet another immigration That is, people who have no hope and ate Judiciary Committee convened a crisis some 10 or 20 years down the no opportunity where they live see this very important hearing addressing one road. tremendous beacon of opportunity that of the most urgent matters confronting We all know our immigration system America represents, and they want to our Nation; that is, the need to fix our has been broken for many years. First, come here to work and provide for broken immigration system. I want to the volume of illegal immigration con- their families. speak a few minutes about a proposal tinues to increase. According to the At the same time, we have to ac- that I have made, along with my col- Pew Hispanic Center, there has been a knowledge that our porous borders rep- league from Arizona, Senator KYL, to- dramatic increase in illegal immigra- resent a national security vulner- gether representing two border States, tion since 9/11, approximately 30% ability which can also be exploited by ones that perhaps have the most expe- since 2000. That same organization esti- international terrorists. We know the rience with this issue because of our mates there are approximately 10.3 current system benefits smugglers and proximity to the border with Mexico. million illegal aliens in the United all too frequently leads to the deaths of In summary, this bill strengthens our States currently. immigrants whose only crime was try- border enforcement while it com- Over the course of the 1990s, the num- ing to find a better life for themselves prehensively reforms our immigration ber of illegal aliens increased by half a and their families. Indeed, the greatest system. Unfortunately, the ongoing million a year, almost matching the hazard to people who come to this immigration debate has too often di- number of visas that Congress has country to find work is the fact that vided Americans of goodwill into two made available for legal immigrants. they have to, under current law, resort camps—those who are angry and frus- Last year alone, the Border Patrol de- too often to an illegal entry into the trated by our failure to enforce the tained roughly 1.1 million aliens who country. They turn their lives over to law, and those who are angry and frus- had come across the border. Profes- people who care nothing about them trated that our immigration laws do sionals I have talked with on my trav- and who are willing to leave them to not reflect reality. I have learned that els to Texas and along the border, peo- die under the most extraordinarily bad those two groups, both of whom deeply ple whose experience and profes- circumstances. They must work for care about America and are committed sionalism I trust, estimate that we are employers who can exploit them be- to building a system that works, share only detaining perhaps one out of every cause they know they can’t report more in common than they or many three or one out of every four people labor law violations to the authorities. other people actually realize. The only who are coming across our borders ille- And they suffer criminal acts, such as groups who benefit from the current gally. domestic violence, and they must en- system are human smugglers, unscru- Second, and for me the most alarm- dure these acts because they believe pulous employers, and others who prof- ing, is the information that suggests they can’t report the crime to law en- it at the expense of people who are try- that terrorists and other criminals, in- forcement authorities or else they risk ing to come into this country and work cluding smugglers, are aware of the deportation. through illegal channels. Unfortu- holes in our system. They may be—and I believe a reform proposal must en- nately, we know that those channels I am confident that they are—looking courage aliens to participate in the are being investigated and potentially at ways to exploit these weaknesses. legal process, to live within the law.

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.071 S26JYPT1 S8924 CONGRESSIONAL RECORD — SENATE July 26, 2005 Ultimately, after they have completed to hire 10,000 new Border Patrol agents system. First, it authorizes an addi- their time of work in this country, over that same 5-year period. That tional 10,000 detention beds. Currently, most will return home to their coun- same amount was authorized by Con- there are only 23,000 detention beds. tries and to their families and to congress in the Intelligence Reform Act of You will recall that a moment ago I tribute to their societies in their home- 2004. It calls for the expansion of a said last year alone immigration con- land. And those who decide to live per- process called expedited removal, trol authorities apprehended 1.1 mil- manently must enter through the legal which is a fair and effective system for lion people coming across our border il- process. quickly removing those who are ineli- legally. Yet we only have 23,000 deten- When people who come to this coun- gible to enter our country. Right now, tion beds. That leads to what I de- try live outside of the law, they are we only use expedited removal in a few scribed earlier as the ‘‘catch and re- vulnerable to exploitation and vio- locations along the border. But our bill lease’’ program, which has proven to be lence. They risk their lives, sometimes calls for the Department of Homeland completely unworkable. just to visit their families. I believe we Security to expand that process to all The intelligence reform bill called for must take away this black market Border Patrol sectors, and we also pro- an additional 40,000 beds over the next from smugglers and others who exploit vide for additional safeguards for few years. The bill that we have intro- these vulnerable immigrants by ad- aliens by requiring a supervisory offi- duced increases the total amount to dressing deficiencies in our current cial with the Government sign off on 50,000 detention beds. Still, that is not system. any removal. enough to detain everyone who comes Identifying problems, of course, is Let me say a quick word about expe- across the border illegally. That is not the most difficult part of our jobs. dited removal. Right now, because of a where expedited removal comes into If this were easy, someone would have lack of detention facilities, we have play—a process to remove aliens quick- already done it. It is not easy, but it what is commonly called a ‘‘catch and ly so that we reduce the need for bed merits our best efforts. The challenge release’’ program. For those we catch space. that Senator KYL and I have assumed coming across the border illegally, a Our bill also increases penalties for is to find a solution, to find workable criminal background check is done to alien smuggling, document fraud, and results. determine whether they are a threat to gang violence by aliens. We know, as I Last Wednesday, we introduced the the American people; but if they don’t said a moment ago, that the nature of Comprehensive Enforcement and Immi- appear on one of these watch lists or the people coming across our border, gration Reform Act of 2005, a bill that criminal background databases, they through our porous southern border, we believe will restore America’s faith are released into the U.S. and asked to has changed. We are seeing many peo- in lawful immigration and will meet return for a hearing. It should not sur- ple who are violent gang members com- the needs of our country, both from a prise any of us that this ‘‘catch and re- ing from places in Central America. We security perspective and from the lease’’ program results in more people know that people are coming from Asia standpoint of our growing economy not showing up than do show up, and and from Europe, all around the world, which needs the work provided by those who show up for their hearing and they are transiting through Mex- many immigrants. and are ordered removed then do not ico. The bill is based upon certain prin- show up later when they are asked to Alien smugglers are the people that ciples. First, we have to reestablish the report for their deportation process. make that happen. We have learned rule of law. Second, we have to enact So that is the problem that we sim- that they consider human beings to be laws that are capable of strong enforce- ply have to remedy. And I believe that just another commodity. They are just ment. That means they have to be real- expansion of the expedited removal as likely to smuggle arms, drugs or istic. Third, and most importantly, the process will deal with it in a way that anything else that will make them law must be fair. If we address defi- is consistent with our laws and our val- money. We need to make sure that we ciencies in the current immigration ues and our need for an effective border crack down on these alien smugglers process, then we must require that ev- security program. that facilitate this intrusion into our eryone who is here, even those who Our bill also addresses the release of country illegally and show that we are have come here just to provide for aliens who come into the country from committed to tough punishment. Our their families, must go through normal countries other than Mexico. It raises bill accomplishes that. legal channels. the minimum bond amounts for these We provide greater tools for the De- The good news is that our bill pro- aliens from $1,500 to $5,000. That means partment of Homeland Security and vides them a direction and a way to do that fewer people from countries other the Department of State to require that in a way that is not overly disrup- than Mexico will be released, and those that countries accept their own citi- tive of their employment or of their who are released will have a greater in- zens back if they violate our immigra- family life. We believe it provides a centive to appear for their hearings. tion laws and they come into our coun- path so that they can regain their sta- Another important component of im- try illegally. tus as legal temporary workers or, if migration reform is interior enforce- Our bill also clarifies the authority eligible, as legal permanent residents. ment. We also need to deal with those of State and local officials to enforce The men and women who secure our who make it past the border and into immigration laws and authorizes the borders at the ports of entry, and fre- the interior of our Nation. Tackling il- reimbursement of local and State offi- quently at remote locations, should be legal immigration cannot be done in a cials for costs they incur in enforcing commended for the job they do every piecemeal fashion. If we increase our Federal immigration law. day. But we have not provided them ability to apprehend illegal aliens at Recently, I traveled to Victoria, TX, with the resources they need to be able the border, we must have a place to put and met with a group of sheriffs down to give them any reasonable chance of them. Once detained, lawyers and there. It so happened that the Minute- success. judges are necessary to ensure that men who first organized in Arizona Last week, the Senate approved the these people receive timely and fair were organizing in Goliad, TX, and Department of Homeland Security ap- hearings. Reform, therefore, must local law enforcement officials were propriations bill, which, to the credit evaluate the whole enforcement proc- concerned about having these citizen of the Senator from New Hampshire, ess, and we must remove obstacles that volunteers engage in what essentially Senator GREGG, included increases for appear anywhere in the process. is a law enforcement process. They said border security and immigration en- The goal is simple: If we apprehend to me: forcement. someone who has no legal right to be in Senator KYL and I have introduced a this country and is not entitled to any If the Federal Government would provide bill that we believe builds on that foun- us additional resources, we would be glad to claim of asylum, then we must have an help. We need some training, but we would dation. First of all, it authorizes 1,250 effective and efficient means to remove be glad to be cross-designated, if that is im- new Customs and border protection of- them from the U.S. portant, to enforce both Federal immigra- ficers over the next 5 years. It calls on The bill Senator KYL and I have in- tion laws as well as State and local laws. We the Department of Homeland Security troduced will restore confidence in the would be glad to detain them in our local jail

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.072 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8925 facilities pending their hearings, if nec- poses standards for the issuance of come to the United States to agree to essary, but it is going to take a little help birth certificates, so someone may not return. I guess we can all have opin- from the Federal Government. simply counterfeit these documents ions, but I have something even better I told them that I welcomed their and make a false claim to citizenship. than my opinion. The Pew Hispanic offer to assist because I believe interior Our bill also imposes certain obliga- Center, a nonpartisan, impartial think- enforcement performed by many of tions on countries who would like to tank that looks at some of these mat- these local law enforcement officials is make their citizens eligible to partici- ters, has done a survey of almost 5,000 an important part of this puzzle. pate in this program. This would ad- Mexican immigrants who applied for Our bill also creates a new senior- dress another big challenge that we matricula consular card, a Mexican level position at the Department of have, and that is the development gap identity card, at Mexican consulates in Justice committed to immigration en- between the United States and other the United States. They asked mi- forcement. countries. grants to fill out a 12-page survey, and The third piece of the enforcement We, along with those other countries, one of the questions they answered was puzzle deals with the employment of have an interest in ending the one-way this: Would you agree to work in a undocumented immigrants. The Con- flow of workers, which only results in temporary worker program in the gressional Research Service estimates the drain of highly motivated workers United States if it was legally author- that out of the roughly 10 million peo- from those countries and further im- ized, even though at the end of that ple who have come into our country in pedes their development. Our proposal time period you would have to return violation of our laws, about 6 million would not only require the sending home to your country of origin? are currently in the workforce. I be- countries to assist with border secu- By a ratio of 4 to 1, 71 percent to 17 lieve that a vast majority of employers rity, but it will require them to cooper- percent, these immigrants said they simply want an effective, user-friendly ate with the United States in bridging would. I think that is solid evidence way to comply with the law. In other the development gap between our coun- that people who are currently working words, they want a way to determine try and theirs. Foreign Minister Derbez in the shadows realize that they oper- whether the person who shows up in of Mexico has said that ‘‘[T]he Mexican ate without the protection of our labor their place of business saying ‘‘I would government has to be able to give laws, without the protection of our like to work for you’’ is in fact legally Mexicans . . . the opportunity to gen- criminal laws, and all too frequently they view law enforcement with sus- authorized to work in the United erate the wealth that today they picion rather than as an ally. They are States. We must ensure that we pro- produce in other places.’’ vide them an efficient, easy-to-use sys- I could not agree more. Other coun- looking for an opportunity to come out tem that is airtight. tries need for their young, energetic into the sunshine and to secure the protection our laws provide. The example I often use is the fol- risk-takers and hard workers to ulti- Our bill does create a new temporary lowing: if I show up at a convenience mately return home, to bring back to store and buy something, I can present worker category that allows workers their countries the savings and skills who have a job offer from a U.S. em- my debit card or Visa or Master Card. they have acquired in the United In a matter of seconds, the clerk can ployer to enter the country for a period States. of up to 2 years to work in the United swipe the card and it can authorize The bill we have introduced will re- States. Before the employer can hire that purchase using modern tech- quire countries to enter into an agree- the worker, the employer must adver- nology. Why can we not use something ment in which each country agrees to tise a position, offer it to any qualified similar—maybe with a few more bells cooperate on border enforcement, to American worker, and agree to pay at and whistles—to allow employers to de- work to reduce gang violence and least minimum wage. The worker will termine whether a person they want to smuggling, to provide information on go through background screening, will hire is in fact eligible to work? criminal aliens and terrorists, and to be issued secure biometric documenta- Since 1996, the Government has been accept the return of nationals whom tion, that they are who they say they testing an electronic verification sys- the United States has ordered removed. are and are coming here to work and tem that provides instantaneous con- Lastly, let me cover the temporary not for some other nefarious purpose. firmation of an individual’s authoriza- worker program. I mentioned a mo- We also create some financial incen- tion to work in the United States. Our ment ago that out of the 10 million or tives so that the worker, after the pe- experience with this program tells us so people who have come to this coun- riod of their temporary visa expires, that it can work but only if we give it try illegally, about 6 million are in the will return home with the savings and sufficient resources. Our bill calls for workforce. I believe the fact is many of skills they have acquired while work- an expansion of this electronic these immigrants have come here to ing in the United States. verification system and requires all provide for their families, something I talked moments ago about the Pew employers to participate. all of us as human beings can Hispanic survey. Circular migration is But while we make sure that there is empathize with and understand. Who important both for the United States a way for employers to check, we also among us would not do anything in our and for countries such as Mexico and have to make sure we crack down on power, risk life itself, to provide for the countries of Central America who employers who continue to operate in our families, even if it happened to be are losing their young risk takers and the black market of illegal labor. We outside of our laws? the potential entrepreneurs, the people have to crack down on the criminals We know many jobs being performed who are essential to the development who sell and who create fake identity by immigrants in this country are jobs of their own economy. documents and Social Security cards, American citizens are reluctant to fill. What economy could withstand the which can also be exploited by terror- I can only think about roofers working loss of the young men and women, the ists. with hot asphalt in south Texas during people who are going to be the engines Because our bill will create bright- August as the one example of that kind of those economies and the prosperity line rules for employers, companies of job. Whether it is that or picking ag- of those countries? The public officials will be able to know whether they are ricultural products, there are a lot of in Mexico and Central America with in compliance or not. That is an obliga- jobs, unfortunately, that Americans whom I talked do understand they need tion we owe them. If we are going to simply are reluctant to fill. We know to have these people come back with ask them to comply with the law, we we have a need for the work provided the savings and skills they have ac- have to give them a clear and simple by many immigrants. quired in the United States, so they way to do so. Our bill will further re- What we provide for in our bill is a can develop a way forward for their duce identity theft and fraud by in- temporary worker program. That is own people. In the end, it will benefit creasing the penalties for false claims something I believe can best be charac- the United States because it will take to citizenship or for filing false infor- terized as a work-and-return program, a lot of pressure off illegal immigra- mation with the Social Security Ad- not a work-and-stay program. tion if people can find hope and oppor- ministration. It requires Social Secu- Some have said that is unrealistic, tunity and good jobs in their own coun- rity cards to be more secure and it im- that you will never get people who try.

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.074 S26JYPT1 S8926 CONGRESSIONAL RECORD — SENATE July 26, 2005 Finally, let me address what perhaps The senior assistant bill clerk pro- with a half million to a million pro- is the hardest issue: the people who are ceeded to call the roll. spective citizens who come to our here now who have come here outside Mr. ALEXANDER. Mr. President, I country legally every year, is to help of our laws. ask unanimous consent that the order them become Americans. We need to According to the Pew Hispanic Cen- for the quorum call be rescinded. help them to become a part of this ter again, about a third of these indi- The PRESIDING OFFICER (Mr. country whose most important accom- viduals have been here for more than 10 CORNYN). Without objection, it is so or- plishment is admitting and welcoming years. So we do know that some have dered. people from all over the word, of every established roots in the United States, Mr. ALEXANDER. Mr. President, I background, and helping those new but we also know we have to find some am glad I had an opportunity to be pre- citizens become something new—Amer- way to transition this population into siding this afternoon and to hear Sen- icans who are proud of where they legal status. It must not, however, creator CORNYN speak. I appreciate his as- came from but prouder to say they are ate a new path for people who have suming the Chair for a moment so I all Americans. come here outside our laws. Our bill al- could step down here and compliment Foreign students who come to the lows them to get back in line so they him and Senator KYL for their work on United States to study at our colleges can return to the United States in a this legislation. and universities are a boon not only to temporary worker program or, should They have introduced a comprehen- our educational system, but also to our they choose, as legal permanent resi- sive bill to improve our immigration economy and to our foreign policy. But dents. system, focusing, as the Presiding Offi- after September 11, in an effort to in- But we do it in a way that is pre- cer said in his remarks, on border secu- crease our security—which is appro- mised upon fundamental fairness. I be- rity, on interior security, on employ- priate—we have been making it harder lieve there are many people in America ment accountability, and on a legal for international students to come to who would be deeply offended if we status for temporary workers. the United States. Earlier this year, said: if you come to this country I am glad they have taken the time the administration removed one impor- through legal channels, that is nice, to work on this program. We have tant hurdle by extending the Visa but we are going to allow people who talked about it many times over the Mantis process, which clears foreign have come here illegally to have a pref- last several months, and I know the students and researchers who are erence, and we are going to let them hours they spent on this. I have not studying advanced sciences. jump ahead of you in line. had an opportunity yet to see all the The Presiding Officer, Senator Our bill provides a path for people to specifics of the bill, but I know the LUGAR, Senator COLEMAN, and I, and return to their country of origin and principles they are working on and I others have spent some time over the then, on an expedited basis, return to heard the speech. I believe in what last year working with the administra- the United States. It will not be disrup- they are trying to do, and I think it is tion on the question of foreign students tive. To secure their participation, it terribly important that we as an entire coming to the United States. There may be necessary for them to know by Senate take this issue up and begin to were 570,000 foreign students who at- the time they leave that they will be deal with it. tended classes in the United States last eligible to come back immediately We need to stop thumbing our nose year. Sixty percent of the postdoctoral once they secure the proper docu- at the rule of law and decide which per- students in the United States last year mentation. And we need to address sons from other countries should be al- were foreign students. One-half of the processing delays so that they can ob- lowed to work and study and live in our students in our graduate programs in tain that proper documentation in a country and create a legal status for computer sciences and in engineering matter of days. If disruption is the them, and then enforce the law. We are foreign students. Many of these only concern, then I see no reason why must do that. It is hypocritical for us students are here working to help in- the model cannot minimize or elimi- to go around the world preaching about crease our standard of living. Many nate that disruption. the rule of law to other countries when will return to their home countries This bill is a comprehensive bill, and 10 million people or so are living ille- after 4 years with a fresh perspective I know my colleagues are as concerned gally in this country. on our country and on what their own as I am about finding a workable solu- Our failure to solve the problem also tion to this problem. I speak today to country could become. unloads huge health and education When I visited the country of Georgia share with all of our colleagues, not costs on State and local governments last March, which recently became a just the people who sit on the Judici- and puts the immigrant population at pro-Western democracy, I was re- ary Committee and who participated in risk. minded that most of the top officials the hearing this morning, an overview So the Cornyn-Kyl bill stands for the there had been students in the United of our proposal which I think has some rule of law by enforcing our borders States of America. They were doing real promise in achieving results. and creating a solid temporary worker I believe our constituents sent us things there we could have never en- program so that we know who is here, here to represent them to solve prob- couraged them to do. They were doing lems, not to engage in partisan or oth- and that they are here within a clear them because they came here and erwise divisive rhetoric designed to legal framework. learned what it meant to be an Amer- The people of this country expect us pick a fight. Our proposal is one idea ican and were using those principles in to deal with this issue. This is a dif- about how we can find our way through their own country of Georgia. this thicket, how we can thread the ficult issue, but it is what we are sent Many other foreign students will needle in a way that does not provide here for: We are sent here to deal with stay here and, thanks to their studies, amnesty. I think our colleagues across the major issues facing our country, they will invent new products or start the Rotunda in the House of Represent- and I can think of no more important new businesses, and that creates jobs atives will be open to discussing our issue for us to deal with than uphold- here at home. So we need to welcome proposal, for it is consistent with their ing the rule of law by securing our bor- these students when they are legally principles of reform. ders, protecting our interior, and mak- here in the United States. I thank the Chair. I thank the indul- ing sure that people we welcome to live Finally, we also need to do more to gence of my colleagues. I yield the re- here and work here are here legally, welcome and support legal residents mainder of my hour to the Senator and that we then enforce the law. who are working to become American from Alabama. But, as important as the Cornyn-Kyl citizens. Each year we welcome about 1 I yield the floor. bill is, we can do more. This bill en- million new permanent legal residents, The PRESIDING OFFICER. The Sen- forces the borders and welcomes tem- many of whom go on to become citi- ator has that right. porary workers. But we also need to do zens of the United States. To become Mr. CORNYN. Mr. President, I sug- a couple of other things. One of the an American is a significant accom- gest the absence of a quorum. other things we need to do is to wel- plishment. First, you must live in the The PRESIDING OFFICER. The come foreign students, not just foreign United States for 5 years. Next, you clerk will call the roll. workers. A second thing we need to do, must speak some English. Next, you

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.075 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8927 must learn about our history and gov- lation, though, we also remember to Mr. THUNE. Mr. President, I ask ernment. Next, you must be of good welcome foreign students who add so unanimous consent to proceed as if in character. Next, you must swear an much to our economy and spread our morning business and I be allowed to oath to renounce the old government values to the world, and that we re- speak for up to 20 minutes. from where you came and swear alle- member to welcome legal immigrants The PRESIDING OFFICER. Without giance to the United States of America who wish to join the American family objection, it is so ordered. and its Constitution. That is no small and help them learn our common lan- f thing. guage, learn our values, and become BRAC Between 500,000 and 1 million new American citizens. citizens each year come in and com- I hope the legislation that I will offer Mr. THUNE. Mr. President, last week plete that process and take that oath. in September can help us along that I offered an amendment to suspend the Earlier this year, Senator SCHUMER track. 45-day congressional review of the and I introduced a bill to codify that Mr. President, I yield the floor. President’s final BRAC recommenda- oath of allegiance that new citizens The PRESIDING OFFICER (Mr. AL- tions pending completion of several swear to when they become citizens. It EXANDER). The Senator from Alabama vital studies pertaining to long-range is hard to believe that while the Pledge is recognized. security needs in the implementation of Allegiance, the National Anthem, Mr. SESSIONS. Mr. President, I join of BRAC and redeployment of many and the American Flag are all pre- with Senator ALEXANDER in compli- units presently deployed in Iraq and scribed by law, we have been allowing menting you and Senator KYL for the Afghanistan back to bases in the the oath of allegiance, a binding pledge legislation that you have just described United States. for new citizens, to be determined for us. The Senator from Texas, as I I also introduced a similar amend- merely by Federal regulators. We can know, has taken the lead on this very ment yesterday that would allow Con- do more to welcome these new citizens. important and complex subject. I sa- gress discretion to remove individual In the near future, in September, I lute you for it. bases from the closure list based upon Some would say it is a thankless hope to introduce legislation that per- the findings of these studies and re- task, it can’t be done, and will make haps could become part of a com- sults of the redeployments. nobody happy. But I believe you have prehensive immigration bill. This leg- There are two separate options, one the right principles. If the right prin- islation would provide new incentives of which I hope comes to the Senate for ciples are applied with the right pre- and support for legal immigrants to a vote. I underscore the assertions I scriptive language, we can make great learn English, our common language, made last week. The underlying pur- progress in this area, and I salute you and to learn about our Nation’s history pose of the Base Realignment and Clo- for it. sure Commission, or BRAC, is not only and government and values. I hope that Frequently have I quoted Senator effort to welcome new legal immi- good for our Armed Forces, it is good ALEXANDER in the phrase he has used: grants and to help them become a part for American taxpayers. We all want to No child should grow up in America eliminate waste and reduce redundancy of our American community will be- who doesn’t know what it means to be come a part of the Senate’s overall ap- in the Government, but when Congress an American. modified the BRAC law in December of proach to immigration reform. I think that is good for immigrants, 2001 to make way for the 2005 round of Our country is unique in the world. too, as the Senator just said so elo- base closings, it failed to envision this We are not defined by common ethnic quently. I salute him. background or origin. We and our an- I also thank the Senator from Texas country involved in a protracted war cestors came from every corner of the for considering a critical component of involving stretched manpower re- world to be a part of this country be- this legislation he has proposed, and sources and the burden of large over- cause it was founded on something that is the part that deals with State seas rotational deployments of troops much bigger, much grander than ethnic and local law enforcement. I have just and equipment. This is not the time to heritage or a tie to the land. In the written a Law Review article for Stan- begin a new round of domestic base clo- Declaration of Independence, our ford University to deal with that area sures and massive relocations of man- Founders wrote: of the law. Suffice it to say, local law power and equipment. We hold these truths to be self-evident, enforcement does have complete au- I am aware, hearing that coming that all men are created equal, that they are thority to detain people who are vio- from a Member of Congress with a endowed by their Creator with certain lating the criminal laws of the United major base on the chopping block, that unalienable Rights, that among these are assertion may sound like another pitch Life, Liberty and the pursuit of Happiness. States. But that has been confused. Clearing this up more, setting up a to defend a home State parochial inter- This is what binds us together as mechanism so that they can partici- est. Regardless of the outcome for my Americans: a belief in our common val- pate if they choose, would be helpful to base, I am very concerned about how ues, values such as equal opportunity, enforcing the law. That is so because this BRAC round will affect our Na- the rule of law, and liberty. That is we have 700,000 State and local law en- tion’s overall military posture, not why we welcome immigrants who forcement officers at every street cor- only in South Dakota but around the swear allegiance to our country and to ner and town in America. We have only country and around the world. This those values as new citizens. That is 2,000 INS immigration officers inside BRAC, in particular, has serious impli- why our Nation of immigrants has al- the border—not those on the Border cations both in the short term, because ways succeeded and can succeed in the Patrol and on the border, but those in- we are engaged in a war, and in the future. side the border. So obviously we are longer term because of the need to pre- If we are to continue to succeed, we not very serious about ultimately serve critical infrastructure as we must pass along these values that com- reaching a lawful system if we exclude enter a very uncertain future. prise our American identity—pass In essence, we cannot lose sight of them. them on to posterity—both to our chil- I thank the Senator from Texas. the imperative of, in addition to saving dren and to those new citizens who Mr. President, I suggest the absence money, perhaps the most critical goal come to our shores from distant lands. of a quorum. of BRAC should be to maximize our Na- In the coming months, this Senate The PRESIDING OFFICER. The tion’s warfighting capability. If we fail will have a chance to reform our Na- clerk will call the roll. to follow that fundamental principle, tion’s immigration policy. The Cornyn- The assistant bill clerk proceeded to the BRAC process will fail us and ulti- Kyl legislation is a tremendously im- call the roll. mately put this country at risk. portant first step toward a comprehen- Mr. THUNE. Mr. President, I ask This BRAC, in particular, not only sive immigration bill. It is one whose unanimous consent that the order for has serious implications, it raises seri- principles I support. I look forward to the quorum call be rescinded. ous questions, especially in terms of its working with its authors as it moves The PRESIDING OFFICER (Mr. timing. In the short term, our war in through the Senate. I hope as we write CHAMBLISS). Without objection, it is so Iraq and Afghanistan has put great this comprehensive immigration legis- ordered. logistical strain on our Active military

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.077 S26JYPT1 S8928 CONGRESSIONAL RECORD — SENATE July 26, 2005 and Reserve Forces in terms of both our air and naval bases in the northern carry out DOD mission essential func- manpower and resources. The rota- tier, but I seriously question what I be- tions in the event of a national emer- tional deployment of personnel and as- lieve to be one of the Pentagon’s most gency or terrorist attack.’’ sets to overseas areas of operation has apparent errors in judgment; and that It also goes on to state that ‘‘an at- disrupted normal training and mainte- is to consolidate high-value assets in tack on DOD facilities could directly nance cycles and left military families fewer locations. affect the Department’s ability to with uncertainty. In light of the potential threats we project power overseas.’’ One well-posi- The drain of resources also raised face, I wonder whether we really want tioned crater in a runway could ground questions as to our ability to respond to discard a tenet of military doctrine the entire fleet of this Nation’s B–1 to additional flashpoints if a crisis that we have lived by for the past 60 bombers during an emergency, if they should arise elsewhere in the world. years. It is called ‘‘strategic redun- are all stationed at one location. It Yes, the military is performing its on- dancy.’’ Put simply, it is the doctrine should always come back to the intu- going missions remarkably well under of dispersing high-value assets at dif- itive logic possessed by most Ameri- the circumstances, but is this the time ferent locations in order to prevent cans, and that is that we simply cannot to add to those commitments by initi- their complete destruction in a single allow analytical cost models to trump ating a massive reshuffle of personnel, attack. sound and proven security precautions. equipment, and missions between bases If you look at the statement here, Strategic redundancy, obviously, all over the country? this is from the Air Force doctrine doc- still has a place in our planning, as In the long term, these recommenda- ument, dated November 9, of 2004. It demonstrated in the Pentagon’s own tions may pose an even more serious says: planning documents. Why was it not reflected in its BRAC recommenda- risk to our security. As the DOD itself . . . it is easier and more effective to destroy points out in the National Defense the enemy’s aerial power by destroying his tions? Strategy, published earlier this year: nests and eggs on the ground than to hunt Additionally, the risk of natural dis- Particularly troublesome is the nexus of his flying birds in the air. asters is a constant reminder that we transnational terrorists, proliferation and If you look at what the potential should not put all our assets in a single location. This chart shows a tornado problem states that possess or seek WMD, in- threats are we face going forward, and creasing the risk of WMD attack against the that passed within 1,000 feet of the F– what it means to this Nation to have United States. 16s and B–1 bombers stationed at strategic redundancy, to have those as- We simply do not know what dangers McConnell Air Force Base back in 1991. sets dispersed in several locations may emerge from military powers such Tornadoes have wreaked havoc on Air around the country, and if you look at as North Korea, China, Iran, or various Force bases in the past. The one I am how that fits in with the Defense De- rogue states in the next 20 years or going to show you in a moment is partment’s own military strategy, you more. The threat of terrorism directed Carswell Air Force Base in Texas. We have to ask a question about some of against targets in this country should simply cannot afford to risk our Na- the decisions that have been made in be indisputable after September 11. tion’s security on the whims of a single There have been four prior BRAC this particular BRAC round. deadly tornado that could destroy or Let’s look at what it says right here. rounds in the last 20 years. I believe it damage an entire fleet of aircraft. is readily apparent that the Pentagon’s Again, this is the Department of De- Finally, the GAO has also questioned 2005 BRAC recommendations go beyond fense, in its March 2005 National De- the potential for cost savings esti- reducing excess infrastructure and fense Strategy, when it stated its goal mated by the DOD, calling into ques- would, instead, reduce critical infra- of ‘‘developing greater flexibility to tion whether we want to risk our na- structure needed to fight the wars of contend with uncertainty by empha- tional security for questionable cost the 21st century. sizing agility and by not overly concen- savings. want to read to you what it Prior rounds have been successful in trating military forces in a few loca- says from the GAO study: pulling much of the low-hanging fruit tions.’’ There are clear limitations associated with and in reducing waste. I want to put up another chart. It has DOD’s projection of nearly $50 billion in sav- This round begins to cut into the to do with principles and imperatives. ings over a 20–year period. Much of the pro- muscle. I want to show you a chart Even in the Pentagon’s deliberative jected net annual recurring savings (47 per- from 1958, for example. You see there briefing materials that outline those cent) is associated with eliminating jobs cur- was a large number of Air Force bases ‘‘principles and imperatives’’ of this rently held by military personnel. However, in the northern region of this country. BRAC round, it stated that the Depart- rather than reducing end-strength levels, ment needed secure installations opti- DOD indicates the positions are expected to Air Force bases were dotted all across be reassigned to other areas. the northern tier of the United States: mally located, that support power projection, sustain the capability to mobi- As this implies, much of these cost Up in the Northeast, North Central savings are apparently illusory. To Plains, areas such as that—1, 2, 3, 4, 5, lize and ‘‘that ensure strategic redundancy.’’ quote the distinguished chairman of 6, 7, 8, 9, 10—a dozen Air Force bases or the Armed Services Committee, Sen- more in the northern tier of this coun- Now, unfortunately, Secretary Rums- feld’s recent BRAC recommendations ator WARNER, during his testimony be- try. fore the BRAC Commission, he said: Today, take a look at how that has to consolidate some of the Nation’s most valuable U.S. air and naval plat- Since 32 percent of BRAC savings come changed. One can plainly see how dra- from personnel reductions, this calls into matically that number has been reforms at single installations would ap- question the entire savings estimate—par- duced and will be further reduced in parently abandon that basic tenet in ticularly since we are not reducing any the 2005 BRAC round. favor of cutting costs. meaningful force structure. You saw the previous chart from 1958. Hopefully, we have not forgotten the I want to show another GAO chart. All those bases have been wiped out. shortsightedness we once had as a Na- The GAO questions, one, the lengthy There are three left in the northern tion before Pearl Harbor. Now, folks payback periods; inconsistencies in tier of the country. This BRAC round might dismiss such lapses as distant how DOD estimated costs for BRAC ac- would eliminate Ellsworth Air Force events from another time and another tions involving military construction Base in South Dakota and make Grand place that are not applicable to today’s projects; and uncertainties in esti- Forks Air Force Base essentially a threats. See on this chart a scene from mating the total costs to the Govern- ‘‘warm’’ base, hopeful of an emerging Pearl Harbor that took place 60-some ment to implement. mission but for all intents and pur- years ago. Even in the DOD’s Strategy GAO estimates upfront costs of an es- poses removes the principal mission for Homeland Defense and Civil Sup- timated $24 billion to implement this that has been housed there for some port, released a few weeks ago—and, in- round of BRAC. To again quote the dis- time and leaves literally only one cidentally, this is a partial completion tinguished chairman of the Armed major Air Force base in the northern of one of the amendment’s conditions— Services Committee before the BRAC tier of this country. it notes that ‘‘a significant element of Commission, he said this: Of course, one of the flaws I see in mission assurance is continuity of op- My observations are consistent with the this BRAC is not only the stripping of erations—maintaining the ability to testimony of witnesses and Congressional

VerDate Aug 04 2004 02:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.079 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8929 delegations around the country to date who tions, merely allow this Nation to have tential harm to interstate commerce have presented the Commission firm evi- the full benefit of all the information here. The gun industry has already had dence supporting similar observations of we need before moving ahead to imple- to bear over $200 million in defense questionable data and an internal collapse of ment BRAC. The risk is too great. costs thus far. That is ridiculous. It is the quantitative analytical foundation in lieu of other guidance provided by senior de- Mr. President, I yield back the re- immoral. It is wrong. fense officials. These observations are also mainder of my time. This legislation is not without prece- consistent with issues raised by the Govern- The PRESIDING OFFICER. The Sen- dent. In the 106th Congress, legislation ment Accountability Office in its July I, ator from Utah. was introduced to address the possi- 2005, report to the Commission and to Con- Mr. HATCH. Mr. President, if you bility of junk lawsuits related to the gress. could tell me the parliamentary state Y2K computer problems. This bill Last week, when I was offering my of affairs. sought to ‘‘lessen the burdens on inter- amendment, the distinguished chair- The PRESIDING OFFICER. The Sen- state commerce by discouraging insub- man, Senator WARNER, made what I be- ate is postcloture on the motion to pro- stantial lawsuits.’’ It sought to do so lieve was a reasonable argument, that ceed to S. 397. by preempting State law to provide a by suspending the 45–day review period Mr. HATCH. Thank you, Mr. Presi- uniform standard for such suits. This until these conditions are met would dent. I rise in strong support of S. 397, bill merely seeks the same type of rem- cause anxiety among some commu- the gun liability bill. edy using the same reasoning. nities by not knowing their ultimate Now, this legislation is a necessary In the past, some have thrown out fate or delaying the process of redevel- response to the growing problem of red herrings arguing against this bill oping the base to civilian use. junk lawsuits filed, no doubt, in part and suggesting that negligent entrust- Now, this may be the case for some with the intention of driving the fire- ment will be immunized. This is pure communities, but I believe most com- arms industry out of business. bunk. It is untrue. That argument munities desperately want to retain These ill-advised suits attempt to doesn’t deserve to see the light of day. their bases because they are the life- hold manufacturers and dealers liable Those who make it ought to be blood of their local economy. They for the criminal acts of third parties, ashamed of themselves. The bill pro- would do anything—exhaust every pos- actions totally beyond the control of vides an explicit exception for anyone sibility—to have these bases remain the manufacturer. These types of law- who supplies a gun to someone they open. If anything, knowing that this suits continue to be filed in multiple reasonably should have known was Congress has done all it could to have States, seeking a vast array of rem- likely to use that gun in a way that all the answers before making such a edies concerning the marketing of guns would injure another person. decision I think is tremendously im- and alleged design flaws. And they con- Let me state that again. The bill pro- portant to these communities. tinue to be flawed. vides an explicit exception for anyone I also challenge the perception made The White House, in its Statement of who supplies a gun to someone they by many that these communities will Administration Policy, summarized reasonably should have known was have many opportunities to develop the current problem well. This is what likely to use the gun in a way that these closed bases and quickly restore they said: would injure another person. The bot- their economy. This will probably not The possibility of imposing liability on an tom line is that this is a reasonable be the case in rural areas around bases entire industry for harm that is solely measure to prevent a growing abuse of like Ellsworth Air Force Base and Can- caused by others is an abuse of the legal sys- our civil justice system. We have had tem, erodes public confidence in our Nation’s non Air Force Base. laws, threatens the diminution of a basic far too many abuses of that system. Some communities may actually constitutional right and civil liberty, sets a This is a chance for Members of this prosper from a base closing, where land poor precedent for other lawful industries, body to stand up and do something for business or home development will cause a loss of jobs, and burdens inter- about it. comes at a high premium and sells for state and foreign commerce. If we allow these kinds of suits to go thousands of dollars per square foot. That is a heck of a good statement forward with guns, then what is next? Bases like Oceana, in Virginia, will because that is exactly what will hap- Holding manufacturers of knives re- have no difficulty putting the land to pen if we allow these types of suits to sponsible for stabbings? Holding manu- profitable use. continue. facturers of baseball bats liable for As you can see in this picture, This bill does nothing more than pro- beatings? We simply should not force a Oceana is surrounded by a sea of devel- hibit—with five exceptions—lawsuits lawful manufacturer or seller to be re- opment and prosperity. The base is up against manufacturers or sellers of sponsible for criminal and unlawful here. The entire area around it is com- guns and ammunition for damages ‘‘re- misuse of its products by others. pletely developed. The land is worth sulting from the criminal or unlawful Individuals who misuse lawful prod- lots of money. misuse’’ of nondefective guns and am- ucts should be held responsible, but not But other bases, like Ellsworth, in munition. those who make lawful products. my State, as you can see in this aerial Now, let me repeat that: ‘‘resulting We have had through the years a de- photograph, are surrounded by miles from the criminal or unlawful misuse’’ sire by some to put gun controls on all and miles and miles of empty range- of nondefective guns and ammunition. kinds of guns, even though the second land and have scant hopes of a booming This bill is not a license for the gun amendment gives us the freedom to development taking hold of the former industry to act irresponsibly. If a man- keep and carry arms. To be honest with base. There is little doubt that the ufacturer or seller does not operate en- you, it is an explicit provision of the nearby community of Rapid City would tirely within Federal or State law, it is Constitution. We should not allow any have no problems with the delay if it not entitled to the protection of this misuse of guns, but we should not means ensuring the right decision has legislation. allow a change in the Constitution by truly been made. Listen to a few comments from one mere statute that takes away our right There are too many unanswered judge who dismissed some of these to keep and bear arms. That is a God- questions regarding our Nation’s long- suits. In Ohio, a judge dismissed a gun given right, in my book, especially in term security needs and the cir- liability lawsuit, and the court of ap- some of the areas of the country where cumstances in which our military may peals affirmed this decision saying: people have to defend themselves. In have to operate in the future to make to do otherwise would open a Pandora’s box. my area of the country, we had to de- irreversible decisions for which we For example, the city could sue manufactur- fend ourselves in tremendous ways could pay a terrible price later. We will ers of matches for arson, or automobile man- throughout the whole history of the not be able to easily replace or position ufacturers for traffic accidents, or breweries West. these installations and units once this for drunk driving. To make a long story short, we BRAC is fully implemented and we dis- Now, there is no reason the should not be abusing honest, decent, cover we have made a colossal mistake. gunmakers should have to continue to law-abiding people who want to collect, Let’s take a breath and slow down. defend these types of meritless law- shoot, target practice, hunt, and own My two amendments, offered as op- suits. We must protect against the po- guns. We have been through it before.

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.078 S26JYPT1 S8930 CONGRESSIONAL RECORD — SENATE July 26, 2005 It is time to stand up and realize that that it cannot be held personally re- says: If you are a victim of a gun dealer the people who misuse guns are crimi- sponsible for its wrongdoing. Why in or a gun manufacturer who sold a gun nals. Those criminals should be pros- the world would we be doing this? How in commerce, where they might have ecuted. But to make gun manufactur- powerful must the group be that pushes known or should have known that it ers responsible for the irresponsible through the legislation that says they was going to be used for bad purposes, acts of others, over which the gun man- will be treated as an exception in the you can’t go to the courthouse. The ufacturers had no control, is just plain whole American body of law? You door is closed. Sorry. That is the way wrong. know the group. They are well known. it is going to be. The gun industry is I hope we can pass this bill. It would The gun lobby, the National Rifle Asso- going to be treated like royalty. They set a good standard to stop the frivo- ciation. They are so powerful that they are above the law. lous and abusive lawsuits that are oc- pushed the Senate away from the De- During the debate on this bill during curring in this country in so many partment of Defense authorization bill the last Congress, the supporters said a ways, but especially in this particular in the middle of a war. Think about lot of cases about victims were frivo- way. that. How could you move the Senate lous. We were told all these companies I yield the floor and suggest the ab- from considering a bill to help the men were on the verge of bankruptcy. None sence of a quorum. and women in uniform in the middle of of that turned out to be true. Two The PRESIDING OFFICER. The a war? The only way you can do it is if high-profile cases settled. These settle- clerk will call the roll. you are a powerful lobby that snaps ments would not have occurred had The legislative clerk proceeded to and Senators jump. That is what this is this bill been enacted last year. One of call the roll. all about. them, Bull’s Eye Shooter Supply, was Mr. DURBIN. Mr. President, I ask Before we adjourn at the end of the the dealer and Bushmaster was the as- unanimous consent that the order for week, the Republican leadership wants sault weapon maker in the DC sniper the quorum call be rescinded. to make certain that if we can’t keep case. I remember that case. These The PRESIDING OFFICER. Without our word to our troops in the field, we crazy snipers ran around town, killing objection, it is so ordered. keep our word to the lobbyists down- people willy-nilly, innocent victims. Mr. DURBIN. Mr. President, I ask to town for the gun lobby. We carve out a When it was all over, the company that be recognized to speak on the pending piece of American law and say they made the sniper rifle, the assault weap- business. cannot be held personally responsible. on, ended up settling with the families, The PRESIDING OFFICER. The Sen- Their businesses can’t be held respon- paying over $2.5 million because of ator is recognized. sible for wrongdoing. their wrongdoing. And Bushmaster Mr. DURBIN. Mr. President, it is Is it because there is some huge prob- agreed to inform its dealers of safer amazing how we have reached this lem in the gun industry? Are there sales practices to prevent other crimi- point in Senate business today. We businesses that sell guns that are about nals from obtaining guns. started this day debating the Depart- to go bankrupt because of all the law- It was only right that the victims ment of Defense authorization bill. It suits that are being filed against them? had their day in court. It was only is hard to imagine a more important Not at all. Listen to this. On June 29, right that a jury of fellow citizens de- bill for this Senate to consider and con- 2005, the huge American gunmaker cided their fate. It was only right that clude this week. We are going to be Smith & Wesson said in a press release: this company was held accountable for gone for 4 or 5 weeks. The idea was, we We expect net product sales for fiscal year sales practices that ended up endan- would take the important amendments 2005 to be approximately 124 million dollars, gering the lives of innocent people. Had and decisions to be made about our a 5 percent increase over the $117.9 million this bill now on the floor been passed, military, our men and women in uni- reported for the last fiscal year. Firearms there would have been no day in court form, their benefits, their equipment, sales for the next fiscal year are expected to for the families who were killed by and make the decision this week before increase by approximately 11 percent over these DC snipers. we went home. Then a decision was the last year. Is that justice, fairness, or is that made by the Republican leadership to Then March of 2005, Smith & Wesson what we should be doing on the floor of interrupt the debate on the Depart- also said: the Senate instead of working to help ment of Defense authorization bill and In the nine months ended January 31, 2005, the men and women in uniform who are move to the pending bill. we incurred $4,535 in legal defense costs, net engaged in a war across the ocean, What is this bill? It is a bill that is of amounts received from insurance carriers risking their lives? characterized as ‘‘the gun industry im- relative to product liability and municipal Listen to this case. Will’s Jewelry munity bill.’’ What does it mean? It litigation. and Loan, a West Virginia pawn shop, means that those who are pushing for Four thousand five hundred thirty- settled with Police Officers McGuire this bill want to carve out one industry five dollars? Does that sound like a cri- and Lemongello in June 2004 for $1 mil- in America and say that the people sis in the gun industry that would lion and agreed to change its practices who run the businesses that make the cause us to move away from consid- to prevent sales to underground traf- firearms and sell the firearms cannot ering the Department of Defense au- fickers, which includes instituting a be held personally responsible for their thorization bill? policy of avoiding large-volume sales. wrongdoing. That’s right. If you and I Listen to this from another Will’s had sold the gun used to shoot get in an automobile going home from gunmaker. This is a filing with the Se- the two police officers to a straw pur- work, are negligent in our driving the curities and Exchange Commission, chaser. car in any respect, and there is an acci- March 11, 2005, from the gunmaker It is not only the innocent victims dent, we are held personally respon- Sturm, Ruger: filing who were shot in DC who would sible. If the business down the street It is not probable and is unlikely that liti- be stopped from suing. This bill will from where you live sells a product gation, including punitive damage claims, stop policemen and their families from that is defective or dangerous, the per- will have a material adverse effect on the fi- suing those who were selling guns, put- son who owns the business, the person nancial position of the company. ting them into commerce and endan- who made the product can be held per- These companies are doing very well. gering the lives of the men and women sonally responsible. It is really part of They are making a lot of money. They in uniform who get up every morning life that we are responsible for our are selling a lot of guns. They aren’t and try to protect us in our commu- wrongdoing. The legal system of Amer- being sued. It isn’t costing them a heck nities. ica says even people who are powerless of a lot of money when they are sued. Not surprisingly, law enforcement of- have their day in court to hold ac- Why are we doing it? Why would we ficials in our Nation oppose this bill, countable the businesses and people give this unprecedented sweeping im- such as the International Brotherhood who have been guilty of wrongdoing. munity to any industry in America, let of Police Officers and the Major Cities Now comes to the floor the proposal alone an industry that makes firearms? Chiefs Association, as well as police of- by the Republican leadership that we This bill closes the courthouse doors ficers from around the country have take one industry in America and say to victims with legitimate lawsuits. It signed a letter begging Congress: Don’t

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.081 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8931 pass this bill. It will make America lower prices for seniors. No, that is not is what we are doing today. Then we more dangerous. It will endanger the on the priority list of the Republican will have a filibuster of the bill and we lives of policemen. leadership. We could have been making will have cloture, which I believe will Newspapers in 19 different States certain that we don’t privatize Social be invoked. Certainly the votes appear have editorialized against this bill. Security, and instead make it last. to be there for it. I think we will get What is troubling to me is that we That is not a high priority for the Re- this bill done. There are other things could go from a bill designed to help publican leadership. The gun lobby is we need to do this week that can still protect America by helping our men the highest priority this week—higher be done. and women in uniform to a bill that than our service men and women. They Mr. President, does Senator REED makes America less safe, a bill that al- could have protected the pensions and have any comments? lows companies to make guns, which retirements of Americans who are Mr. REED. Yes. Mr. President, we are junk, Saturday-night specials, des- scared they won’t have anything to have had a long discussion today about tined to be used in a holdup or a killing rely on. No time for that. No time this the legislation. I think some of the by some crazed drug addict. We can year to deal with it. We could have points the Senator from Illinois made protect those companies, but we can- been dealing with portability of health are very pertinent. not protect our men and women in uni- insurance and the availability of First, there is the erroneous pre- form, whether they are serving in our health insurance for small businesses. sumption that people who would be military or serving as our policemen. No, we have to deal with helping the sued would be sued because of the ac- What a dramatic distortion of prior- NRA. We could have been helping peo- tions of others, when in fact the neg- ities. ple with college loans, figuring out new ligent suits lie in showing that first an The Senate should be embarrassed ways that families can finance the edu- individual had a duty to someone else— that we have done this. This is a week cation of their children. Sorry, if you a victim—and that duty was not ful- that the Republican leadership will don’t have a big lobby with a lot of filled. Essentially, that is the essence never be able to explain—that they power such as the gun lobby, we cannot of negligence. If you cannot show that, would leave that bill in the midst of a do that. We could have been talking you cannot get into court. This is not war in order to do this grand favor for about the outsourcing of medical and about somebody being punished or im- the gun lobby, the National Rifle Asso- financial records, destroying the pri- posed upon for the actions of others. It ciation. It is not fair. It is not fair that vacy of individuals and families. No goes right to the actions of the individ- all we do around here is carve out spe- way. We could have talked about credit uals—the seller, manufacturer or, in cial treatment and special exceptions card companies, giving more disclo- this case, trade associations. for a lot of people who, frankly, don’t sures on credit cards such as when they There is a perception also, I think, need them. We started off with the increase your interest rate. No, we that has been given that the legislation bankruptcy bill so credit card compa- don’t have time. We have to protect as drafted actually provides exceptions nies could make sure that those who the gun makers and gun sellers from that will cover the meritorious suits, end up in bankruptcy carry the credit being held personally responsible in the ones that should be before the card debt to the grave. We passed the court. We could have increased our en- court and eliminate the frivolous suits. class action bill so individuals filing ergy availability, it could have been In fact, that is not the case. As Senator environmental class actions would part of our energy bill. You can hardly DURBIN pointed out in the situation have a difficult time going to court. We find it. with respect to the Washington, DC have a bill waiting in the wings that The list goes on. When you talk snipers, there a gun dealer in Wash- says to 10,000 asbestos victims a year, about the values of the Republican ington State was grossly negligent. He you victims who never dreamed you leadership in the Senate, you know the had 230 unaccounted for weapons and would be dying from exposure to asbes- values today. To think that the Repub- they should have been accounted for. tos are going to be limited when you go lican leadership would move away from He allowed a teenage boy to walk in to court too. There are bills pending the Department of Defense bill for our and pick up a sniper rifle off the dealing with the victims of medical troops to a special interest bill for the counter and walk out and didn’t know malpractice. gun lobby, so that they are not held ac- it was missing until it was discovered And now comes this bill—the abso- countable for selling Saturday-night to be the weapon of the assassins here lute icing on the cake—that we would specials that kill policemen and inno- in Washington, DC. That suit would give to the gun lobby immunity from cent people. That is the priority of the have been barred by this legislation if their own wrongdoing, that when they Republican leadership. It is not the pri- it had passed. The two police officers— make guns that end up killing people, ority of the American people. Lemongello and his partner—responded that should not have been made, with- I look forward to voting against this to a call and they were in a shootout. out the appropriate warnings, the ap- bill. I hope a majority of my colleagues They were seriously hurt, both of propriate safety devices, when they sell will join me in that effort. them. It turns out that the criminal guns by the carload to people who were I yield the floor. firing that gun got it from a gun traf- clearly destined to sell them on the The PRESIDING OFFICER. The Sen- ficker who walked into a store, a gun street, to be used by drug gangs, they ator from Alabama is recognized. dealership, with another woman as a cannot be held accountable. Mr. SESSIONS. Mr. President, a ma- straw purchaser and acquired 12 weap- There is no personal responsibility jority of the Senate is going to vote for ons for cash and walked out the door. under this law. That is not American. this bill. We have 61 cosponsors. It In fact, they were so obvious that the That is not what the system of justice ought to have already been passed a gun dealer called ATF and said he sold is all about. It certainly doesn’t speak long time ago. We will be pleased to them the weapons, but watch out for to the fairness that we believe is essen- get this bill done. It is something that them, which is negligent to me. Both tial to the American system of justice. is needed. cases were settled. Those cases would When you think of all the things we Mr. President, there will be more op- be thrown out. could be doing, instead of finding an- portunity tomorrow. What happened The lives of all of the families in other special interest group to give today was that I voted to invoke clo- Washington, DC, have already been to- their lobbyists such good news that we ture on the Defense bill so we can com- tally changed because of the loss of passed their big bill—we could be pass- plete the Defense bill, and that was not their loved ones. Conrad Johnson was a ing a bill that says we are going to stop passed by the votes on the other side. bus driver, waiting to go on his bus giving tax credit to companies that run So when cloture was not invoked, we run, and he was shot, leaving a wife jobs overseas. We could have done that went to this bill, which has strong bi- and children. They would have been this week. No, we didn’t have time. We partisan support and which will be out of luck because they could not had to help this special interest group, passed. have brought a suit like this. And the NRA. They could have been chang- However, some on the other side did there were others. We all lived in fear ing the Medicare drug prescription bill choose to filibuster the motion to pro- ourselves. We drove around here look- so they would be able to bargain for ceed, as they have a right to do. That ing over our shoulders wondering

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.083 S26JYPT1 S8932 CONGRESSIONAL RECORD — SENATE July 26, 2005 whether the assassins were out here in There is another exception, neg- some guns will be used illegally, they Washington, DC. One woman who was ligence per se. Under this provision, should be responsible for it. That is not an employee of the FBI and was walk- gun sellers whose negligence causes in- good law. This is against what we are ing in the parking lot of Home Depot in jury could not be liable unless, at a about in this country. suburban Virginia was shot. Those minimum, they also violated a law or All this legislation does is say if you families, those victims, could not have regulation which the court found an sell the firearm according to law, if come to the court of justice if this bill ‘‘appropriate basis’’ for a negligence you manufacture it according to law passed. per se claim and which proximately and somebody commits an intervening There are other suits that are pend- caused the injury. The exception only criminal act with it and shoots some- ing today. There is a case in Massachu- applies to a gun seller, and the bill de- body, you should not be sued. But we setts, where a young man, Danny fines sellers to include only importers have this anti-gun crowd which doesn’t Guzman, an innocent bystander, was or dealers, not manufacturers. care about general principles of law shot and killed in front of a nightclub Moreover, in many States—and Mas- that have stood us in good stead for in Worcester. Six days later, police re- sachusetts is one—negligence per se hundreds of years. They have learned covered a 9 mm Kahr Arms handgun claims are not allowed under their to manipulate the matter as effectively without a serial number behind an practice and, therefore, the exception as they can to maintain lawsuits. The apartment building, near where Mr. would not apply. letter from Beretta I read earlier indi- Guzman was shot. In fact, I am told a Knowing violation of the law excep- cates that in the District of Columbia, 4-year-old child discovered the weapon tion: This exception applies where a the gun manufacturers who sold a gun first. Ballistic tests determined that gun seller or manufacturer knowingly in Minnesota and it was transported the gun was the one used to kill Danny violates a State or Federal statute some way to Washington, DC, and was Guzman. when it makes a sale that leads to an used in a crime and somebody was This gun was one of about 50 guns injury. Here, Kahr Arms did not violate shot, the gun manufacturer is liable for that disappeared from Kahr Arms’ statutes related to the sale or manu- that. And, in fact, that one jurisdiction manufacturing plant. Some of the guns facturing of a gun. Rather, Kahr’s em- that allows that kind of lawsuit can be were removed from the plant by employees surreptitiously took the guns enough to take down every gun manu- ployees that Kahr Arms hired despite out. facturing company in the United criminal records and histories of drug Breach of contract or warranty ex- States. They have had some tough addiction. The case is being pursued ceptions once again do not apply. It years and a lot of litigation going on. now. The issue is not what Mr. Guzman merely allows gun purchasers to sue if Mr. President, I have spoken again, did. It is what this company failed to the seller or manufacturer did not pro- and unless my colleague would like to do. They failed to have background vide the product or service it promised reply, we will close. It has been a good checks on employees who handled in its sales contract. This exception debate, and I have enjoyed it. weapons. They failed to have security clearly does not apply. f devices that would monitor if these Defective design is a narrow excep- weapons would be taken out of Kahr tion for actions for some deceptive de- MORNING BUSINESS Arms. I am told, interestingly enough, sign or manufacturing cases. But that Mr. SESSIONS. Mr. President, on be- Kahr Arms is owned by a holding com- exception does not apply. half of the leader, I ask unanimous pany for the benefit of the Reverend Rather than being legislation that al- consent that there now be a period for Sun Myung Moon’s Unification Church. lows the good suits through and the the transaction of morning business, So one of the beneficiaries of this bill, frivolous ones out, this legislation ef- with Senators permitted to speak for if it passes, will be Reverend Moon’s fi- fectively denies people, such as the up to 10 minutes each. nancial enterprises because they will family of Danny Guzman, their day in The PRESIDING OFFICER. Without be protected from allegations of reck- court, and many others. It would have objection, it is so ordered. lessness, not just negligence. denied the two police officers from New f Now, the first exception to the bill is Jersey their day in court. It would TRIBUTE TO MAJOR GENERAL title 18 United States Code section have denied the victims of the snipers JOHN W. HOLLY 924(h). This simply permits cases their day in court. against sellers who sell guns they know For these reasons and many others, I Mr. STEVENS. Mr. President, I come will be used to commit a violent or am opposed to the legislation and join to the floor today to recognize the drug trafficking crime. First, in the others who are and look forward to service of an outstanding leader and Kahr case, the guns were not sold; they continuing our discussions in the hours public servant. After more than 32 were taken surreptitiously out of the and days ahead. years in uniform, MG John W. Holly factory. This exception would not Mr. SESSIONS. Mr. President, I will soon retire and move into private apply. thank my able colleague and will say, life. Second, you have to show they knew it is such a state we are in America Four years ago, Major General Holly that the guns would be used to commit that a company whose employees steal was appointed Program Director of the a violent or drug trafficking crime— the guns and go out and shoot some- Joint Program Office of Ground-Based not that they were negligent in allow- body with them gets sued for it. That Midcourse Defense. For the past year ing guns in circulation, but that they is a fact of what my friend is saying, he has also served as the Deputy Direc- had to know they would be used in a that these companies ought to be sued tor of the Missile Defense Agency, violent or drug trafficking crime. as a result of the theft of a gun by their overseeing the direction of all other The next exception is negligent en- employees. ballistic missile defense programs in trustment. This applies where a gun If the law required them to do a the agency. dealer knows, or should know, that a background check and they failed to do The Ground-Based Midcourse Defense purchaser will shoot someone with the so, they clearly would be liable under System is not your run-of-the-mill gun, and that individual shoots a per- this act. The fact of filing off a serial weapons program. It is virtually global son. This exception only applies to a number is, in fact, a criminal offense in scope, spanning 12 time zones, from gun ‘‘seller.’’ Once again, Kahr Arms for which I have prosecuted quite a the United Kingdom to the outer was not, in this situation, a seller. number of criminals. In addition, it reaches of the Aleutian Islands. It has Moreover, Kahr Arms did not entrust would trigger, of course, a civil liabil- required upgrades to early warning ra- its guns to its employees. Rather, ity. dars from the Cold War era and the de- Kahr’s employees removed the guns Gosh, we can talk about it a lot, and velopment of the most advanced sea- from the plant because of Kahr’s neg- I will be glad to continue to discuss it, going X-band radar ever built; this ligent security, inventory tracking, but the basic fact is a lot of these law- equipment was then linked with com- and hiring of employees with histories suits are claiming that if they know, if munication centers throughout the of criminal conduct and drug addiction. manufacturers or distributors or sell- United States and firing sites in Alas- So that exception doesn’t apply. ers either know or should know that ka and California. This effort has also

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.084 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8933 involved the development, testing, and colleagues an op-ed in today’s edition Although the government met neither of deployment of an interceptor-and-kill of the Taipei Times by Berhanu Nega, these demands, the early results clearly vehicle that closes in on its target at the chairman of Ethiopia’s main oppo- showed that the opposition was gaining a speeds of up to 18,000 miles an hour and sition political party. large number of seats. It became obvious While the op-ed sheds light on the op- that we were winning in many constitu- hits within centimeters of its aim encies and that we had won in Addis Ababa, point. position’s viewpoint throughout the as well as in most of the major cities and the Each of the major systems involved controversial elections, I want to sec- rural areas. in this effort and many of their compo- ond the author’s call for everyone in What was surprising was the magnitude of nent parts were built under different Ethiopia to commit themselves to a the victory. In Addis Ababa, top government contracts, often by different manufac- peaceful resolution of this crisis. Sim- officials, including the ministers of edu- turers, at different times, and with dif- ply put, such a commitment is in the cation and capacity building, lost, as did the ferent technologies. The entire system national interests of that country. speaker of the House of People’s Representa- Let me close by indicating that the tives. In rural constituencies, opposition is being developed and acquired by non- candidates defeated such EPRDF traditional methods, which ensure we Senate continues to follow events in Ethiopia. I ask that a copy of the op-ed heavyweights as the ministers of defense, in- deploy effective defensive capabilities formation, and infrastructure, along with to our troops as fast as possible. And, be printed in the RECORD following my the presidents of the two largest regions, of course, all of these pieces must work remarks. Oromia and Amhara. together as one, flawlessly, every time [From the Taipei Times, July 22, 2005] The government wasted little time in re- and on very short notice. ETHIOPIA IS STRUGGLING FOR DEMOCRACY sponding: the next day, it declared itself the Since the 1960s, Americans have (By Berhanu Nega) winner, with not even half of the constitu- dreamed of having this type of capa- When we in Ethiopia’s political opposition encies reporting their results. agreed to participate in the election that the No surprise, then, that the public erupted bility, and in the past 3 years we have in anger. When university students pro- made remarkable progress. None of government called in June, we were under no illusion that the process would be faultless. tested, the police moved in, killing one. In this would have been possible if Presi- After all, Ethiopia has never known democ- demonstrations the following day, 36 more dent Bush had not withdrawn the racy. The dictatorship of Mengistu Haile people were killed. Soon after, our office United States from the Anti-Ballistic Mariam was Africa’s most blood-curdling workers were detained, and Hailu Shawel, Missile Treaty in June 2002. And much Marxist regime, and was replaced by today’s Chairman of the CUD, and senior CUD offi- of our success can be attributed to the ruling EPRDF, whose ‘‘Revolutionary De- cial Lidetu Ayalew were put under house ar- dedication and leadership of Major mocracy’’ is but a more subtle variation on rest. One hundred staff members were taken from our head office in Addis Ababa alone, General Holly. the same theme. So we knew that there would be problems and many more from regional offices. Up to Major General Holly was ideally pre- with the election, that voting would not be 6,000 people were jailed—CUD members and pared for his responsibilities at the clean in the way Western countries take for even ordinary citizens. Missile Defense Agency. His experi- granted. Yet we nonetheless believed that My fear is that the will of Ethiopia’s peo- ences at the platoon through corps lev- the opposition, led by the Coalition for Unity ple will be stifled by government hard-liners. els gave him an understanding of what and Democracy (CUD), would have room to Doubts about the authenticity of the final it means to support our men and maneuver and campaign, owing to the gov- results will create a danger of instability. women in uniform. His management ernment’s desire for international legit- Everyone—the government, the opposition, imacy. So we decided to test the waters and and the public—must commit themselves to experience in research, development, push for a real political opening and a genu- a peaceful resolution. and acquisition—especially in rocket inely competitive vote. Many Ethiopians ap- To restore calm before a recount can be propulsion and guidance—honed his pear to have agreed with this strategy. held, confidence-building measures are need- ability to integrate complex systems The government did make some media ed. The military must be taken off the and move all of the essential parts available and engaged in more than 10 live streets. The ban on public demonstrations through development at the same time. televised debates. So, at least at first, there must be lifted. Those in jail must be released In short, Major General Holly was seemed to have been some intention on the or given a fair trial. Those held simply be- government’s part to open up the process—if the right man, in the right place, at cause they do not support the government not completely, then somewhat. must be freed and allowed to participate in the right time for our missile defense Now, however, it appears that the authori- the democratic process. The government- needs. Americans are deeply indebted ties wanted only a small, managed opening, controlled media must be open to diverse to him for answering the call to serve. on the assumption that they could control opinions; in particular, opposition access Like many of my Senate colleagues, the outcome. must be guaranteed. I often had the opportunity to meet About a month before the election, the Equally important, the international com- government began to shut down the political munity must send observers—and thus a with Major General Holly. Many of space it had opened. Its election campaign clear signal to the government that any at- those visits took place in Alaska. And took on a vilifying tone, charging that the tempt to maintain power by force or intimi- like many of my Senate colleagues, I opposition was bent on destroying ethnic dation is unacceptable. The world must keep have always been impressed with his groups through genocide. Indeed, it called watching, just as it watched in Georgia, the opposition ‘‘interahamwe,’’ invoking the integrity, commitment, and leadership Ukraine, Lebanon, and Palestine. memory of the Hutu militia that slaughtered skills. For the first time in our ancient history, 800,000 Rwandan Tutsis in 1994. The govern- Under Major General Holly’s leader- we Ethiopians have voted our conscience. ment also began to harass opposition parties, ship, we have cut a new path through Our people have played their part with cour- especially in rural areas. uncharted territory. He personally This was unpleasant, but tolerable. So we age and discipline. They deserve the oppor- oversaw the emplacement of silos and continued campaigning. But things became tunity to build a genuine democratic polit- interceptors at Fort Greely, Alaska nastier a week before the vote. Attendance ical system. That is their only guarantee to and Vandenberg Air Force Base, Cali- at an official pro-government rally in the live in peace and to achieve prosperity. fornia. He showed what could be done if capital, Addis Ababa, was dwarfed by our f you provided the right guidance, tools, rally the following day, when millions of ASEAN AND BURMA and motivation. demonstrators peacefully demanded change and showed their support for us. At that Americans owe Major General Holly Mr. MCCONNELL. Mr. President, I point, the government realized that its welcome the good news from Southeast a debt of gratitude for a lifetime of democratic opening was slipping out of its selfless service and for his profound control. Asia this morning that the illegitimate contributions to our Nation and our se- Two days before the vote, our poll watch- Burmese junta—the misnamed State curity. Those of us in the Senate will ers and supporters were searched, arrested, Peace and Development Council, miss his leadership and his counsel. We and given one-day trials, with most sen- SPDC—has deferred its 2006 chairman- wish him and his family all the best in tenced to one or two months in jail. We ship of the Association of Southeast feared that the voting would take place the years ahead. Asian Nations, ASEAN. without the presence of our poll watchers. So I appreciate and recognize the indi- f we gave a press conference—all the opposi- vidual and collective efforts of certain DEMOCRACY IN ETHIOPIA tion parties together—the day before the vote, demanding that the government re- ASEAN member states for their sup- Mr. MCCONNELL. Mr. President, I lease our party workers and allow people to port of substantive political reform in want to bring to the attention of my vote freely. Burma.

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.073 S26JYPT1 S8934 CONGRESSIONAL RECORD — SENATE July 26, 2005 This deferral serves as evidence that ebrate the strides made since 1990 on ing people with disabilities, we can’t the illegitimate military junta does in- behalf of people with disabilities. just rely on government programs. We deed respond to international pressure, f need to involve private industry as particularly from its neighbors. In the well. Congress guaranteed fair housing 15TH ANNIVERSARY OF THE wake of this news, I renew my calls for opportunities for people with disabil- AMERICANS WITH DISABILITIES countries in the region to pressure the ities, required fair access to air travel, ACT junta to immediately and uncondition- and made telecommunications ad- ally release Aung San Suu Kyi and all Mr. KENNEDY. Mr. President, today vances available for people hard of prisoners of conscience in Burma and we celebrate the enactment of the hearing or deaf. to continue their calls for political re- Americans with Disabilities Act in The crowning achievement in these form in that country; the United Na- 1990—one of the greatest civil rights decades of progress was passage of the tions Security Council to discuss and laws in our history. Fifteen years ago, Americans with Disabilities Act in 1990 debate the threat the junta poses to its the Nation adopted the fundamental and its promise of a new and better life own people and the entire region; and principle that people should be meas- to every disabled citizen, in which the community of democracies to con- ured by what they can do, not what their disabilities would no longer put tinue to keep freedom in Burma a top they can’t. The Americans with Dis- an end to their dreams. priority. abilities Act began a new era of oppor- As one eloquent citizen with a dis- The assertion by the SPDC that the tunity for millions of disabled citizens ability has said, ‘‘I do not wish to be a deferral will allow the generals to who had been denied full and fair par- kept citizen, humbled and dulled by focus on the ‘‘democratization process’’ ticipation in society. having the State look after me. I want For generations, people with disabil- in Burma is as hollow as it is false. to take the calculated risk, to dream ities were pitied as people who needed The international community—espe- and to build, to fail and to succeed. I charity, not opportunity. Out of igno- cially the United States and the United want to enjoy the benefits of my cre- rance, the Nation accepted discrimina- Kingdom—must be clear that the junta ations and face the world boldly, and tion for decades, and yielded to fear will be judged not by what it says but say, this is what I have done.’’ and prejudice. The passage of the ADA by what it does. So long as Suu Kyi and Our families, our neighbors, and our finally ended these condescending and other innocent Burmese remain impris- friends with disabilities have taught us suffocating attitudes—and widened the oned and without a voice in the polit- in ways no books can teach. The inclu- doors of opportunity for all people with ical deliberations in Burma, there sim- sion of people with disabilities enriches disabilities. all our lives. My son Teddy continues ply can be no credible democratization The 15th anniversary of this land- to teach me every day the greatest les- process in Rangoon. mark legislation is a time to reflect on son of all that disabled does not mean (At the request of Mr. REID, the fol- how far we have come in improving the unable. lowing statement was ordered to be ‘‘real life’’ possibilities for the Nation’s As the saying goes, when people are printed in the RECORD.) 56 million people with disabilities. In excluded from the social fabric of a f fact, the seeds were planted long before community, it creates a hole—and VOTE EXPLANATION 1990. In 1932, the United States elected a when there is a hole, the entire fabric disabled person to the highest office in is weaker. It lacks richness, texture, and the strength that diversity brings. ADA’S 15TH ANNIVERSARY the land. He became one of the greatest Presidents in our history. But even The fabric of our Nation is stronger Mr. ROCKEFELLER. Mr. President, I today than it was 15 years ago, because was not able to make the roll call vote Franklin Roosevelt felt compelled by the prejudice of his times and hid his people with disabilities are no longer on this resolution commemorating the left out and left behind. And because of 15th anniversary of the Americans with disability as much as possible. The World War II generation began to that, America is a greater and better Disabilities Act. I had a family com- change all that. and fairer nation. mitment that I had to keep, and I knew The 1940s and the 1950s introduced Today in this country we see the that this resolution would pass over- the Nation to a new class of Americans signs of the progress that mean so whelmingly, and I needed to be with with disabilities—wounded and dis- much in our ongoing efforts to include my family. abled veterans returning from war to persons with disabilities in every as- I did want to take time to hail this an inaccessible society. Even before pect of life—the ramps beside the steps, special occasion and I want to reaffirm the war ended, rehabilitation medicine the sidewalks with curb-cuts to accom- my strong support for the Americans had been born. Disability advocacy or- modate wheelchairs, the lifts for help- with Disability Act. This historic legis- ganizations began to rise. Disability ing disabled people to take buses to lation has helped to ensure that people benefits were added to Social Security. work or the store or to a movie. with disabilities can have access to a Each decade since then has brought Disabled students are no longer wide range of programs and policies to significant new progress and more barred from schools and denied an edu- help them fully participate in public change. cation. They are learning and achiev- life and culture. Over the years, I am In the 1960s, Congress responded with ing at levels once thought impossible. proud of the progress our country has new architectural standards, so we They are graduating from high schools, made in including people with disabil- could have a society everyone could be enrolling in universities, joining the ities in public places and events. This a part of. No one would have to wait workforce, achieving their goals, en- sweeping legislation is perhaps one of outside a new building because they riching their communities and their the most significant pieces of legisla- were disabled. country. tion since the 1964 Civil Rights Act. The 1970s convinced us that greater They have greater access than ever Under this bold law, people with dis- opportunities for fuller participation in to the rehabilitation and training they abilities were ensured nondiscrimina- society were possible for the disabled. need to be successfully employed and tion in employment and public accom- Congress responded with a range of become productive, contributing mem- modations, including transportation steps to improve the lives of people bers of their communities. and telecommunications. Implementa- with mental retardation, to support With the Ticket to Work and Work tion has not been easy, and it is still the right of children with disabilities Incentives Improvement Act, we fi- ongoing. While meaningful progress to attend public schools, to guarantee nally linked civil rights closely to has been made, there is still a great the right of people with disabilities to health care. It isn’t civil and it isn’t deal of work to do to achieve the bold vote in elections, and to insist on right to send a disabled person to work goal of the Americans with Disability greater access to cultural and rec- without the health care they need and Act. reational programs in their commu- deserve. We must continue to push hard to nities. These milestones show us that we are end discrimination and fully embrace The 1980s brought a new realization, well on the way to fulfilling the prom- inclusion, but today we should also cel- however, that when we talk about help- ise of a new, better, and more inclusive

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.071 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8935 life for citizens with disabilities—but Passed by overwhelming majorities in master in a town was told to make his we still have a way to go. Today, as we both the House and the Senate, Repub- post office accessible. The building had rightly look back with pride, we also licans and Democrats alike took right- 20 steep steps leading up to a revolving need to look ahead. ful pride in the goals of the law and its door at the only entrance. The post- We still face many challenges, espe- many accomplishments. master questioned the need to make cially in areas such as health care and I know that the first President Bush, such costly repairs. He said, ‘‘I’ve been in home-based and community-based Senator Bob Dole, and many Members here for 35 years, and in all that time, services and supports. Many people of Congress from both sides of the aisle I’ve yet to see a single customer come with disabilities still do not have the consider their work on the ADA to be in here in a wheelchair.’’ As the Ameri- health care they need. among their finest accomplishments in cans with Disabilities Act has proved A strong Medicare prescription drug public service. It is widely regarded so well, if you build the ramp, they will benefit is essential for all people with today as one of the true giant steps in come, and they will find their field of disabilities. Today, about one in six our ongoing two-centuries-old civil dreams. Medicare beneficiaries—over six mil- rights revolution. So let’s ramp up our own efforts lion people—are people with disabil- The need for that kind of bipartisan across the country. We need to keep ities under age 65. Over the next 10 cooperation is especially critical building those ramps, no matter how years that number is expected to in- today, as the Senate considers the many steps stand in the way. We will crease to 8 million. nomination of John Roberts to fill Jus- not stop today or tomorrow or next These persons are much less likely to tice O’Connor’s vacancy on the Su- month or next year. We will not ever be able to obtain or afford private in- preme Court. Many people are gen- stop until America works for all Amer- surance coverage. Many of them are erally aware of Justice O’Connor’s role icans. forced to choose between buying gro- in a number of landmark decisions on I ask all Senators to join me today in ceries, paying their mortgage, or pay- reproductive and civil rights. Few committing to keep the ADA strong. It ing for their medication. know, though, that she cast the decid- is an act of conscience, an act of com- Families raising children with sig- ing vote in Lane v. Tennessee in 2004, munity, and above all, an act of contin- nificant disabilities deserve health care the 5–4 ruling on the constitutionality ued hope for the future. for their children. No family should be of the ADA and whether Congress has Mr. CORZINE. Mr. President, I rise forced to go bankrupt, stay in poverty, the power to prohibit the exclusion of today to speak on a topic that has or give up custody of their child in people with disabilities from public fa- great importance to me and to the citi- order to get needed health care for cilities in communities across the zens of New Jersey. Fifteen years ago, their disabled child. They deserve the country. Congress passed historic civil rights right to buy in to Medicaid, so that The four dissenting Justices, in the legislation based on the fundamental their family can stay together and stay name of States’ rights, believed that principle that this great Nation of ours employed. Congress had no authority to do so. benefits from the talents of every cit- People with disabilities and older The case was brought by a paraplegic izen. The passage of the Americans Americans need community-based as- who complained that he was forced to with Disabilities Act (ADA) began an sistance as well, so they can live at crawl up the steps of the local court- era of opportunity for 54 million Amer- home with their families and in their house to gain entry to the building. icans. In the 15 years since, this land- communities. We need to find a way to Justice O’Connor’s swing vote upheld mark legislation has thrown open ensure this support is available, with- the ADA and the right of Congress doors and provided equal opportunities out forcing families into poverty. This under the Constitution to pass this for people with disabilities. The ADA is today’s challenge to the Nation, and landmark law to protect persons with has brought the American dream with- we need to work together to meet it. such disabilities and guarantee their in reach of millions of Americans. The Americans with Disabilities Act access to courts and other public facili- I regret that I was unable to mark was an extraordinary milestone in the ties. the fifteenth anniversary of the ADA pursuit of the American dream. Many The Senate’s decision on the con- with my Senate colleagues. Last night, disability and civil rights leaders in firmation of Judge Roberts to the Su- I joined the family of Dwayne Reeves, communities throughout the country preme Court may very well determine a Newark school police officer killed in worked long and hard and well to whether the ADA will survive as we the line of duty, for the officer’s wake. achieve it. know it. His views on a wide range of My deepest sympathies and my prayers To each of you, I say thank you. It is issues are little known, but some of his are with his family as they grieve this all of you who are the true heroes of views raise serious questions about his senseless and tragic loss. this achievement, and who will lead us position on the rights of those with dis- In the 15 years since the passage of in the fight to keep the ADA strong in abilities, and Senators have a clear re- the ADA, we have witnessed dramatic the years ahead. sponsibility in the coming hearings to changes throughout the Nation—from Sadly, the Supreme Court is not on determine his views on these basic greater public accommodation at our side. In the past 15 years, it has re- issues. places of business and commercial es- stricted the intended scope of the ADA. Hopefully, the new Supreme Court tablishments to the expansion of gov- Imagine you are a person with epilepsy will continue to support the right of ernment services for disabled citizens in a job you love and you get excellent Congress to act in this important area, and the stunning advances in transpor- personnel reviews. You are taking med- so that the extraordinary progress of tation and telecommunications tech- icine that controls the seizures and you the past 15 years will be sustained, not nology. Citizens who could not fully have no symptoms. But your employer undermined. I intend to do all I can to participate in their communities are finds out you have epilepsy and fires see that it is. now able to go to the park, visit a you. Should you be able to sue your Today, more than ever, disability movie theater, or attend a ballgame. In employer for discrimination? Congress need no longer mean the end of the my home State of New Jersey, beach intended you should—but the Supreme American dream. Our goal is to banish communities from Sandy Hook to Cape Court ruled you can’t. stereotypes and discrimination, so that May have installed wheelchair access The Court continues to carve out ex- every disabled person can realize the ramps and provide beach wheelchairs ception after exception in the ADA. dream of working and living independ- for disabled individuals, ensuring that But discrimination is discrimination, ently, and being a productive and con- all citizens can join family and friends and no attempt to blur that line or tributing member of our community. for a relaxing day at the beach. These write out exceptions into the law That goal should be the birthright of steps have enabled many citizens to should be tolerated. Congress wouldn’t every American—and the ADA opened contribute to their communities, make do it and it is wrong for the Supreme the door for every disabled American the most of their abilities, and live Court to do it. to achieve it. their lives to the fullest. The ADA was a spectacular example A story from the debate on the ADA Yet we must not be content to stop of bipartisan cooperation and success. eloquently made the point. A post- here. There is still much work to be

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.030 S26JYPT1 S8936 CONGRESSIONAL RECORD — SENATE July 26, 2005 done to ensure that all Americans, es- mous consent to print in the RECORD a The ADA has begun to change the land- pecially those who were discriminated ‘‘Statement of Solidarity’’ from over scape of our cities and towns, but a civil against until 15 years ago, are given an 700 disability rights and civil rights or- rights law alone does not create the kind of equal chance at using all of America’s ganizations, led by the American Asso- transformation of attitudes that Americans with disabilities, their families, and allies tools for success. This is why I, along ciation of Persons with Disabilities and are fighting to achieve. This kind of change with my colleague Senator HARKIN and the National Council on Independent requires widespread discussion, education, so many others, have worked to im- Living, that highlights the many chal- and consciousness-raising. prove and expand the Ticket to Work, lenges we face as we continue on the In 2005, how do fears, myths, and stereo- Workforce Investment Act, and Voca- path that leads to liberty and justice types continue to artificially limit under- tional Rehabilitation programs. These for all. I hope that my fellow Senators standing and acceptance of disability as a programs provide unparalleled oppor- will review this document carefully, as form of human diversity? tunity to Americans with disabilities I believe it raises a number of impor- What role do the mass media and enter- tant issues that we should consider as tainment industries play in forming public by equipping them with the skill sets perceptions of disability, and how can deci- necessary to work in education, we once again rededicate ourselves to sion makers in these important fields be in- science, business, government and realizing the full promise of the ADA. fluenced to produce more content that de- other fields that weren’t previously ac- There being no objection, the mate- picts the actual life experience and first per- cessible. In addition, I plan to continue rial was ordered to be printed in the son perspectives of people with disabilities? my efforts to defend and strengthen RECORD, as follows: What can be done to further improve acces- the Individuals with Disabilities Edu- STATEMENT OF SOLIDARITY ON 15TH ANNIVER- sibility at the design stage of new products cation Act because equal opportunity SARY OF AMERICANS WITH DISABILITIES ACT and programs? JULY 26, 2005 How can disability awareness and dis- does not exist without equal access to ability-friendly practices create more pro- education. Fifteen years ago today, with bipartisan support in Congress and broad endorsements ductive places of business and learning? The ADA is about ensuring that from the civil rights coalition, President What concrete actions can worship com- every American can participate fully George H. W. Bush signed into law the Amer- munities and sports and recreation programs in all of the daily activities that many icans with Disabilities Act (ADA), calling for take to foster full participation of children, of us take for granted. Whether it is the ‘‘shameful wall of exclusion’’ to come youth, and adults with disabilities in these using the phone, going out to dinner, tumbling down. As we mark this significant activities? or commuting to work on public trans- anniversary, we celebrate improvements in Why do so many Americans continue to portation, the ADA ensures that all access to polling places and the secret ballot, view disability as a fate worse than death, and how do these views affect surrogate med- citizens have the ability to carry on government services and programs, transportation, public places, communication and in- ical decisionmaking and the application of their personal affairs. Fifteen years formation technology. Parents pushing new genetic testing technologies? ago, we said yes to inclusion, yes to strollers, workers delivering packages, and These questions form the basis of an Amer- independence, and yes to integration travelers pulling roller bags have grown ac- ican conversation that still needs to take into every aspect of society for people customed to curb cuts, ramps, and other ac- place. with disabilities. We have made a lot of cessibility features less common in 1990. Our Widespread social change cannot simply be progress since that day. Let us make country is more accessible today thanks to legislated, and it will not occur without bold sure we continue down this path by the ADA, and all Americans are better off. leadership from all sectors of American soci- Although substantial progress has been ety. providing equal opportunity and ensur- made, we are reminded every day of the sig- Public and private employers, in paring that our Nation benefits from the nificant remnants of the ‘‘shameful wall of ticular, must make a serious, concerted ef- unique abilities of all Americans. exclusion’’ that continue to prevent this fort to recruit and advance qualified workers Mr. HARKIN. Mr. President, today great country from realizing the full promise with disabilities within their labor force. marks the 15th anniversary of the of the ADA. Election officials must take the necessary Americans with Disabilities Act, a The majority of Americans with disabil- actions to ensure that every adult is able to ities continue to live in poverty and unneces- enter his or her polling place and cast a se- truly momentous occasion that the sary isolation. Senate marked yesterday by voting 87– cret and independent vote. Most adults with disabilities are either not School administrators and university 0 in support of a resolution recognizing working or not working to their full poten- presidents must embrace their responsibility and honoring this anniversary. On this tial, robbing the economy of the contribu- to deliver a world-class education to all their anniversary, we celebrate one of the tions of tens of millions of would-be workers. students. Children and youth in special education great, landmark civil rights laws of the It is time for leaders across America—busi- continue to drop out of school in alarming 20th century—a long overdue emanci- ness owners, little league coaches, moms and numbers before obtaining a regular high dads, sheriffs and clergy—to reject exclusion, pation proclamation for people with school diploma. paternalism, and segregation and to take disabilities. The promises of higher education, acces- personal responsibility for removing barriers We also celebrate the men and sible and affordable housing and transpor- to full participation that still exist in every women, from all across America, whose tation, quality affordable healthcare, and a community in this country. living wage continue to elude many adults daily acts of protest, persistence and With the aim of making America work bet- courage moved this law forward to pas- with disabilities and their families. The ADA is slowly driving policy changes ter for everyone, the undersigned organiza- sage 15 years ago. tions pledge to build on the progress of the We have made great progress in that have enabled more people with significant mental and physical disabilities to live last 15 years and join together to promote America in the last 15 years, and evi- independently in the community, but the on- the full participation and self-determination dence of that progress can be found all going institutional bias in the Medicaid proof the more than 50 million U.S. children and around us. It has changed lives—and gram keeps too many people trapped in nurs- adults with disabilities. We believe that dis- changed our Nation. It has made the ing homes and other institutions, unable to ability is a natural part of the human experi- American dream possible for tens of enjoy the freedoms and personal choices ence that in no way should limit the right of all people to make choices, pursue meaning- millions of people with disabilities. about where and how to live that other Americans take for granted. ful careers, live independently, and partici- But, our work is not yet complete in pate fully in all aspects of society. We en- fulfilling the four great goals of the New technologies are increasing the independence and productivity of many Ameri- courage every American to join us in this Americans with Disabilities Act: equal cans. Yet, advances in technology alone are cause, so that our country may continue on opportunity, full participation, inde- not guaranteed to improve the lives of people the path that leads to liberty and justice for pendent living, and economic self-suffi- with disabilities. As we develop applications all. ciency for persons with disabilities. I like Voice-over-Internet-Protocol (VOIP) te- Signed by 743 organizations. cannot think of a better way to cele- lephony, wireless telecommunications, wide- Mr. BROWNBACK. Mr. President, I brate the anniversary of the ADA than spread broadband internet connectivity, new rise today to remember an important by rededicating ourselves to these medical devices, new computer applications, occasion that represents 15 years in our goals. I look forward to working with and a plethora of new genetic tests, it is crit- Nation’s history and welcome the op- ical that these technologies be designed and my fellow Senators and the disability used in a way that increases the inclusion, portunity to speak on these issues community to building on the progress independence, and empowerment of Ameri- which are near and dear to my heart. that we have made over the past 15 cans with disabilities as well as America’s On July 26, 1990, President George H.W. years. Toward that end, I ask unani- growing senior population. Bush signed into law the Americans

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.031 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8937 with Disabilities Act, ADA, with bipar- assistive technologies, expanding edu- importance of guaranteeing all individ- tisan support in Congress under the cational and employment opportuni- uals their right to vote. Our citizens leadership of then-Senate Minority ties, and promoting increased access to with disabilities deserve equal access Leader Bob Dole, my predecessor from daily community life. and an equal voice in our democratic Kansas, and thanks in large part to the In the context of changing public pol- process. Initiatives such as the Help dedication and hard work of my cur- icy, we must also examine how effec- America Vote Act, enacted in 2002, cre- rent colleague, the good Senator from tively government programs, such as ated vital grant programs ensuring Iowa, TOM HARKIN, as well as current Medicare and Medicaid, are serving the electoral participation by persons with Senators CHARLES GRASSLEY of Iowa needs of individuals with disabilities. disabilities and making polling places and DANIEL INOUYE of Hawaii. For example, the Medicare Program’s accessible to persons with disabilities. Today we must continue to dis- benefit for mobility devices has an ‘‘in Congress must continue to look for mantle, brick by brick, the ‘‘shameful the home’’ restriction which limits ways to expand access to our electoral wall of exclusion’’ that existed in the coverage to only those mobility de- system for persons with disabilities. United States previous to the existence vices that are necessary within a pa- While we can change public policy to of the ADA. And, building on our 15 tient’s home. Unfortunately, this does reflect the ideas embodied in the ADA, years of experiences in tearing down not address the needs of a patient who it is just as important to seek change the wall of exclusion, we must continue would use this device to obtain access at the individual level. Every human to bring to realization the full promise to his or her community, work, school, being has the ability to change their of the ideas entailed in the ADA. To physician’s office, pharmacy, or place own ideas and actions in their daily life carry on this significant legacy, we of worship. In view of this, I recently as they meet an elderly person or a signed on a letter requesting that must recognize that, today, we face person with disabilities. As Americans, Medicare’s mobility device ‘‘in the new challenges and new policy consid- we have a God-given duty to love each home’’ restriction be modified to im- erations. and every person, and treat them, not prove community access for Medicare It is estimated that there are now in as a means to an end, but as an end in recipients with disabilities. I am also a America 50 million citizens with some and of themselves. As a Nation, we are cosponsor of legislation that would sort of disability. An amazing indi- so blessed with the presence of individ- offer lower income families who have vidual from Kansas who visited D.C. uals who are different than us, and who children with disabilities the oppor- last week to tell his story is 7-year-old have the ability to teach us; to teach tunity to acquire health care coverage Matthew Whaley. Matthew was denied us about love, about compassion, and access to the local recreation depart- through the Medicaid Program. Along these lines, Congress must ad- about what it means to have strength ment’s baseball league because he hap- dress the issue of accessibility to long- and courage from within. pened to have cerebral palsy. However, term care for the elderly and those My vision for America is to continue because of the Americans with Disabil- with disabilities. Currently, we have a to build on the momentous legacy of ities Act, he is now showing off his All- Medicaid system that spends approxi- the ADA, where we as citizens continue Star baseball skills as an outfielder. mately two-thirds of its dollars on in- to celebrate the breadth of experience When I think about what Congress stitutional care and approximately and life lessons that persons with dis- needs to accomplish for people with one-third on community services. This abilities offer us. disabilities over the next few years, to antiquated policy effectively removes Over 137,000 individuals with disabil- continue to achieve the dream that disabled and elderly individuals from ities reside in my State of Kansas. My should have been, and that the ADA their community, family, and friends. hope for them is the same as my hope began to make possible, I consider Even from a cost perspective, this sys- for all Americans who have disabil- what policies we need to change to en- tem does not make sense. According to ities: that we as a society and as a gov- sure that Matthew, and others with the National Association of Insurance ernment do everything in our power to disabilities, can continue to make a Commissioners, the cost of nursing foster their independence, to nurture positive difference in this world. home care ranges from $30,000 to $80,000 their soul and to embrace their con- We must consider America’s aging per year, while the annual cost of home tributions to society. population. According to the U.S. Cen- and community care is much lower. f sus, by the year 2050, 21 percent of The bottom line is that Congress America’s total population will be age NATIONAL DEFENSE must work to align the Medicare and AUTHORIZATION ACT 65 and over. It is understood that the Medicaid Programs with goals of the probability of having a disability in- Americans with Disabilities Act. After Mr. JOHNSON. Mr. President, I rise creases with age. This means that all, we live in America and in this today in support of Senate amendment America’s population with disabilities country we celebrate independence, No. 1389 to postpone the current round will continue to grow. self-determination, uniqueness, and a of domestic military base closures. It is imperative that we look for sense of community. We must maintain The threats confronting the United ways to meet the needs of this popu- these ideals for our children as well. States today are vastly different from lation and ensure that they can con- This year, I introduced the Prenatally those during the Cold War, and we tinue to live independent, fulfilling Diagnosed Conditions Awareness Act. must shift our defense posture to ad- lives. Just recently, I spent time with For some conditions that can be de- dress new and emerging enemies. I do a constituent of mine who embodies tected in the womb, we are aborting 80 not dispute that closing and realigning this idea—a man named Rick Davidson percent or more of the babies who test excess military capacity is critical to from Olathe, KS. Rick is a motiva- positive. The effect of this type of that endeavor. However, I fear we are tional speaker for at-risk youth, has ‘‘weeding out’’ is the creation of a sort rushing to conclude this process before traveled across the country meeting of new eugenics, a form of systematic, having all pertinent national security with lawmakers on disabilities’ policy disability-based discrimination. The information to make a well-informed issues, and is attending college for an latter process is to the detriment of decision. In short, I believe we have put associates degree in Web design. Rick our society. the cart before the horse. has lived a healthy and active life as a In addition to the many abilities that While I support delaying this base quadriplegic for almost 18 years—doc- persons with disabilities have, these in- closure round, I do not dismiss the im- tors initially estimated that Rick had dividuals so often have a perspective portant work of the Base Realignment just 16 years to live. the rest of us don’t have. We learn and Closure Commission. The Commis- Another way we can make a positive compassion, heroism, humility, cour- sioners and their staff should be com- impact for the future is through sup- age, and self-sacrifice from these spe- mended for their diligent efforts to porting endeavors such as the New cial individuals—and their gift to us is carefully review and evaluate each rec- Freedom Initiative—a comprehensive to inspire us, by their example, to ommendation made by the Pentagon. program to promote the full participa- achieve these virtues ourselves. Having said that, I believe closing tion of people with disabilities in all In our discussion of fostering inde- military installations without areas of society by increasing access to pendence, we must keep in mind the thoughtful consideration is short-

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.081 S26JYPT1 S8938 CONGRESSIONAL RECORD — SENATE July 26, 2005 sighted. Before implementing this of our soldiers are supporting this ef- the result will be a win-win situation round of base closures critical issues fort. Until these troops have finished for both county and the Marines. should be resolved to ensure we have their important mission, and have re- For example, as part of the land con- not irrevocably damaged our ability to turned home safely, it does not make veyance process, the County of San confront threats at home and abroad. sense to close military installations at Diego has fully committed to com- The amendment requires specific home. pensate the Navy by paying the full benchmarks be fulfilled before the cur- Finally, we should not move forward fair market value for this property. rent round of domestic base closures is with this round of base closures until I would therefore ask unanimous con- completed. I believe these require- the Defense Department completes the sent that it be in order for the Senate ments are logical and necessary in Quadrennial Defense Review and pre- to consider this amendment, and that light of the threats facing the United sents its findings to the President and the amendment be agreed to. States. Congress. The QDR is integral to U.S. I would also ask that this statement The ongoing conflicts in Iraq and Af- military strategy as it assesses our fu- and the relevant amendment be placed ghanistan are our most urgent national ture military capabilities and identi- together in the CONGRESSIONAL security concern, but the United States fies emerging threats. It makes little RECORD. must be prepared to address other po- sense to restructure our defenses until AMENDMENT NO. 1406 tential enemies. According to a recent Congress has access to this vital piece Mr. LUGAR. Mr. President, I rise in Defense Department report, China has of information. support of amendment No. 1406 that au- expanded its military reach enabling I believe that these questions must thorizes the Secretary of Defense, in them to threaten Taiwan, Japan, and be answered before we proceed with the event of an overseas emergency, to the U.S. military in the Pacific. Fur- closing domestic military installa- transfer $200 million in defense arti- thermore, China continues to both im- tions. We must reorganize our military cles, services, training and other sup- prove and expand its nuclear arsenal force in order to respond to the threats port to the State Department to ad- and has the capacity to field advanced of the 21st century. The challenge is to dress the crisis. The funding would be missiles able to strike the United do so in a manner that is not detri- used by the Office of Stabilization and States. mental to our national security and Reconstruction at the State Depart- China is not our only national secu- the men and women who proudly serve ment, a new office that has been cre- rity concern, as both Iran and North our country. ated to organize the civilian side of the Korea have refused to relinquish their Mrs. FEINSTEIN. Mr. President, I military/civilian response in post-con- nuclear weapons programs. U.S. intel- rise today in support of an amendment flict situations. The authority provided ligence experts agree North Korea has to the fiscal year 06 National Defense is permissive. It does not require such developed multiple nuclear weapons, Authorization Act, S. 1042, that author- a transfer. while Iran, an active state sponsor of izes the Navy to convey approximately The Secretary of Defense requested terrorism, continues to pursue chem- 230 acres of open space land along the the authority contained in this amend- ical and biological weapons. eastern boundary of Marine Corps Air ment in his submission of legislation to Before completing this round of base Station Miramar to the county of San be considered by the Congress. The De- closures, I believe it is prudent and Diego in order to provide access to the partment of Defense needs a capable ci- sound policy to analyze all pertinent historic Stowe Trail. vilian partner that is prepared to go information that may impact our na- The Stowe Trail at one time func- into hostile environments to assist the tional security. For instance, the De- tioned as the primary road leading to military in stabilizing a post-conflict partment of Defense is undertaking a the historic town of Stowe, and now situation. It also needs to be able to monumental shift in overseas deploy- links the Goodan Ranch and Sycamore hand off a stabilized situation to civil- ments, which is long overdue. However, Canyon Preserves in the north with the ian leadership. Without such a capac- the Commission on Review of Overseas Mission Trails Regional Park and San- ity, the military ends up performing Military Facility Structure of the tee Lakes Regional Recreation Area tasks that civilians could and should United States, commonly referred to as further south. be carrying out. As a consequence, the the Overseas Basing Commission, has According to county records, up until resources of the Armed Services are indicated the Pentagon’s plan to rotate the 1930s when access to this portion stretched thin and deployments of soldiers back to the United States from became restricted for military use, the military personnel have to be extended overseas installations may be flawed. Stowe Trail had served for some 80 beyond expectations. The Overseas Basing Commission ar- years as the principle thoroughfare be- The Senate Foreign Relations Com- gues if a crisis arises abroad, the mili- tween the towns of Santee and Poway. mittee has for some time been deeply tary does not have enough sea and air The 230 acres of land that would be involved in building the capacity of the transportation to rotate forces rapidly conveyed by the Navy under this provi- State Department to play a leadership enough to respond. Furthermore, the sion include diverse plant and animal role in this area. Through legislation, Commission believes the Pentagon has life and environmentally-sensitive hearings, and meetings of a policy ad- understated the costs to redeploy habitats and would provide a natural visory group of experts, we have called troops to American soil. Finally, and wildlife corridor between the two pre- for the organization of a corps of civil- most troubling, the Commission argues serves, as well as with the Santee ians who are willing and able to under- the plan could result in extended and Lakes Recreation Area. take difficult missions in wartorn more frequent rotations, which could Under the control of the County of countries. The Office of Stabilization strain U.S. military personnel and San Diego, this land will become part and Reconstruction, led by a Coordi- their families to the point where the of an extensive open space trail system nator, Ambassador Carlos Pascual, is United States is incapable of maintain- that will not only increase recreational now up and running and doing an excel- ing an all-volunteer force. opportunities in the region, but will lent job. In addition, currently tens of thou- also provide a buffer zone that will My amendment reflects continued sands of brave men and women are mitigate against potential encroach- Senate Foreign Relations Committee serving in Iraq and Afghanistan, and ment that could impact the essential attention to the issue. On June 16, we like all Americans, it is my sincere military missions at Marine Corps Air held a hearing on stabilization and re- hope that these soldiers return home as Station Miramar. construction entitled ‘‘Building Peace soon as possible. Having said that, I It is important to point out that this in a Hostile Environment.’’ Ambas- recognize immediately withdrawing proposed land conveyance is the fru- sador Pascual participated as did two American troops from Iraq could result ition of a process set in motion jointly witnesses from the Defense Depart- in chaos and undermine the tremen- by the San Diego County Board of Su- ment, Ryan Henry, Principal Deputy in dous efforts made by all our service pervisors and Marine Corps Air Station the Office of the Under Secretary of members. However, I question the tim- Miramar in 2002. Defense for Policy and LTG Walter ing of this round of base closures given Both sides have worked together Sharp, Director of Strategic Plans and that our Nation is at war and so many closely since that time to ensure that Policy at the Joint Staff. James

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.087 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8939 Kunder, Assistant Administrator for program only to the extent that unre- I ask my colleagues to support this Asia and the Near East, testified on be- imbursed services provided by State to amendment. half of USAID. DOD exceed unreimbursed services pro- Mr. KENNEDY. Mr. President, our Both Defense Department witnesses vided by DOD to State. It is a com- military is first in the world, because urged the committee to support the plicated formula that, in the end, will of the quality and training of our per- transfer authority contained in my probably result in no contributions sonnel and because of the technological amendment. Mr. Henry stated that it is from the Department of Defense. There sophistication of our equipment and in the Defense Department’s interest is no other agency that has similar leg- weaponry. A large portion of the best to help the Stabilization and Recon- islation. civilian scientific minds in the Defense struction office ‘‘fill the gap in its abil- More than 61,000 American Govern- Department are nearing retirement ity to deploy in a crisis.’’ General ment employees from 30 agencies work age—yet the legislation before us cuts Sharp said that General Myers, the at our embassies and consulates. The funding for the military’s basic re- Chairman of the Joint Chiefs, supports Departments of Justice, Homeland Se- search in math and science. such a request because it would ‘‘great- curity, Commerce, Treasury, Health & Amendment No. 1401 that I am offer- ly improve Ambassador Pascual’s abil- Human Services, Agriculture, and ing with the Senator from Maine and ity to rapidly deploy in a crisis.’’ every other agency that has personnel others will ensure that the Department As most Members know, the foreign overseas are contributing to the cost- maintains its support for scientific re- affairs budget is under considerable sharing program. After an interagency search and development. It includes $10 pressure. The Senate has just finished negotiation, all executive branch de- million, to double the funding for the debating H.R. 3057, the State-Foreign partments, including the Defense De- Department’s current ‘‘SMART Schol- Operations Appropriations bill. The partment, agreed to contribute to the ars’’ program, which is essentially an 302(b) allocations for this bill were cost-sharing program. But section 1008 ROTC program for the agency’s civil- some $1 billion below the President’s would essentially vitiate that agree- ian scientists. It increases by $40 mil- request. On the House side, the cor- ment on the part of the Department of lion the Department’s funding of basic responding amount is some $3 billion Defense. research in science and technology, to below the President’s request. When The Senate has a deep interest in the ensure that its investment in this field conferenced, the appropriated funding safety and well-being of our citizens is maintained and our military tech- levels for foreign affairs will once working overseas. Defense Department nology remains the best in the world. again fall short of the amount that the employees are second in number only The $50 million total cost of the President of the United States says he to the State Department in many of amendment is offset by a $50 million needs to conduct a strong foreign pol- our embassies. We all know that U.S. reduction in Department-wide adminis- icy at a time of great complexity and facilities are a prime target for terror- trative funding. danger. ists. The 1998 bombings of two Amer- Our amendment provides sufficient Tight budgets yield painful com- ican embassies in Africa made it clear funding for the full cost of college promises. During consideration of H.R. that the threat can erupt in unex- scholarships and graduate fellowships 3057, Senators CORZINE and DEWINE of- pected places. for approximately 100 science, tech- fered an amendment to appropriate $50 The United States has some 251 em- nology, engineering, and math stu- million to support African Union bassies and consulates overseas. Many dents. It increases basic research on an peacekeeping efforts in Sudan. They of them do not meet security stand- equal basis in the Army, Navy, Air took the funding from the Conflict Re- ards. They are not set far enough back Force, DARPA, and National Defense sponse Fund that is to be used in emer- from busily traveled streets, and they Education Program. It is supported by gencies by the new Office of Stabiliza- are not constructed to minimize dam- more than 60 of the most prestigious tion and Reconstruction. The amend- age if attacked. The capital construc- institutions of higher education in ment was accepted. tion program focuses on replacing 150 America. That development has made the pas- embassies, prioritized according to a Defense Department-sponsored re- sage of this amendment to the Depart- formula that encompasses the threat search has resulted in stunningly so- ment of Defense bill even more crucial. they face. New embassy compounds are phisticated spy satellites, precision- The amendment does not make the being built on a construction schedule guided munitions, stealth equipment, transfer of services and other support that can be cut almost in half if the and advanced radar. The research has automatic. Rather, the Secretary of cost-sharing program is fully imple- also generated new applications in the Defense is authorized to transfer the mented. civilian economy. The best known ex- support only if he determines that an The cost-sharing program allocates ample is the Internet, originally a emergency exists that requires the im- construction expenses among agencies DARPA project. mediate provision of such assistance. on the basis of future occupancy and Advances in military technology He must also determine that such as- the need for space specially designed often have their source in the work of sistance is in the national security infor security purposes. After the State civilian scientists in Department of terests of the United States. Department, the military ranks among Defense laboratories. Unfortunately, a The Department of Defense has asked the top contributors expected to par- large percentage of these scientists are for the authority. It recognizes that co- ticipate in the program. Defense De- nearing retirement. Today, nearly one ordination between the State Depart- partment nonparticipation would in three DOD civilian science, tech- ment and USAID during international stretch the embassy construction time- nical, engineering, and mathematical emergencies can actually save money table by several years, prolonging the employees is eligible to retire. In 7 and lives. It reflects a new kind of co- risks to embassy workers from all years, 70 percent will be of retirement operation between the military and the agencies. age. civilian component of our Government President Bush has designed an inter- Another distressing fact is that the that a number of Members have spent agency cost-sharing program with a number of new scientists being pro- much time and effort trying to pro- rapid construction timetable. He un- duced by our major universities at the mote. I urge my colleagues to vote in derstands the risks and is working to doctoral level each year has declined favor of the amendment. address them. The cost-sharing pro- by 4 percent over the last decade. Many AMENDMENT NO. 1407 gram has been embraced by all Cabinet of those who do graduate are ineligible Mr. President, I rise in support of officers, including Secretary Rumsfeld. to work on sensitive defense matters, amendment 1407 that strikes section We in the Congress should not agree to since more than a third of all science 1008 from the bill under consideration. a measure that will disrupt this time- and engineering doctorate degrees The purpose of the amendment is to table. We should not slow a process awarded at American universities go to allow the Defense Department to pay that directly addresses the threat of foreign students. its fair share of the costs of building terrorism toward embassies, which are It is unlikely that retiring DOD sci- safer embassies. Section 1008 allows De- the most visible and accessible U.S. entists will be replaced by current pri- fense Department participation in the targets overseas. vate industry employees. According to

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.085 S26JYPT1 S8940 CONGRESSIONAL RECORD — SENATE July 26, 2005 the National Defense Industrial Asso- ASSOCIATION HEALTH PLANS ployees by exempting association plans ciation, over 5,000 science and engineer- Mr. KENNEDY. An important new from appropriate oversight and en- ing positions are unfilled in private in- study issued last week finds that ex- forcement, and I urge my colleagues dustry in defense-related fields. empting association health plans from not to take this damaging step. The Nation confronts a major math State oversight will lead to increased f and science challenge in elementary health insurance fraud against small MEDICAL DEVICE USER FEE and secondary education and in higher businesses and their workers. STABILIZATION ACT OF 2005 education as well. We are tied with The author of the study, Assistant Latvia for 28th in the industrialized Professor Mila Kofman at Georgetown Mr. KENNEDY. Mr. President, I world today in math performance, and University, is one of the Nation’s lead- strongly support the Medical Device that is far from good enough. We have ing experts on private health insurance User Fee Stabilization Act of 2005. The bill makes needed corrections in fallen from 3rd in the world to 15th in fraud, and the report provides evidence the Device User Fee Act we passed in producing scientists and engineers. of the potential harm that the pending 2002. Most important, it extends this Clearly, we need a new National De- association health plan legislation will worthwhile program beyond September fense Education Act of the size and have on patients and working families. 30. It ensures stable growth for indi- scope passed nearly 50 years ago. It finds that exempting association health plans from State oversight will vidual user fees by limiting increases At the very least, however, the legis- ‘‘create a regulatory vacuum’’ and to 8.5 percent a year in 2006 and 2007, lation before us needs to do more to have the ‘‘unintended consequence of and it raises the threshold for busi- maintain our military’s technological widespread fraud threatening the cov- nesses to be eligible for the reduced advantage. The pending bill irrespon- erage and financial security of millions small business fees from $30 million to sibly cuts science and technology re- of Americans.’’ $100 million. search by 17 percent. It increases fund- The report notes the 30-year history The user fee program has provided ing for the SMART civilian ROTC of health insurance scams involving as- much needed support for the Food and science program but to only one-third sociations and multiemployer arrange- Drug Administration over the past 3 of the Defense Department’s request. ments after the Congress exempted years to expedite its review of medical Last year, over 100 ‘‘highly rated’’ such arrangements from State over- devices. The FDA has improved its SMART Scholar applications were sight in 1974. Widespread fraud resulted ability to review devices more quickly, turned down because of insufficient from the exemption, and Congress and laid the groundwork for further funding. Our amendment has sufficient acted to restore State authority and progress as well. Unfortunately, how- funds to support every one of those tal- oversight in 1982. In the years when the ever, fees on individual applications ented young people who want to learn Federal Government was responsible have climbed rapidly in the past 3 and serve. for oversight of the plans, widespread years—much faster than anticipated. It also increases the investment in fraud took place and large numbers of Our bill maintains this valuable pro- basic research in science and tech- businesses and workers victimized. gram and limits the rate of growth in nology. Investments by DOD in science Insurance fraud involving such plans fees. It strikes a fair balance between and technology through the 1980s continues, but without State oversight the competing interests of FDA and helped the United States win the Cold and enforcement, the numbers would the various industries. The agency is War. But funding for basic research in have been much worse. States have not guaranteed the growth in fees that the physical sciences, math and engi- shut down many illegal arrangements, it received under the original legisla- neering has not kept pace with re- and saved millions of dollars for con- tion to meet the need to expedite its search in other areas. Federal funding sumers in recent years. We can’t afford reviews. It makes sense to limit fee infor life sciences has risen four-fold to take away State authority now, and creases in response to the concern that since the 1980s. Over the same period, give plans broad exemptions from over- the fees have climbed too quickly and appropriations for the physical sight. are discouraging innovation in these sciences, engineering, and mathe- According to a study by the Govern- valuable devices. That is why we call matics have remained essentially flat. ment Accountability Office, the most the bill the User Fee Stabilization Act. Funding for basic research fell from common way for insurance scams to The bill also clarifies the provision in fiscal year 1993 to fiscal year 2004 by proliferate is by selling coverage current law on the identification of the more than 10 percent in real terms. through associations—many of which makers of single-use medical devices. The Defense Science Board has rec- are the same bona-fide professional and Adverse event reports should not be in- ommended that funding for Science business associations that would be accurately attributed to the wrong and Technology reach 3 percent of shielded from oversight under this leg- company, and doctors should not be total defense spending, and the admin- islation. misled about the source of the device. istration and Congress have adopted The pending bill would create large Since many so-called single-use de- this goal in the past. The Board also loopholes and shield plans from over- vices are often reprocessed and used recommended that 20 percent of that sight. It relies largely on self-reporting again, the legislation requires reproc- amount be dedicated to basic research, and self-regulation, and makes it far essors of single-use devices to identify but the pending bill would cut funding more difficult for regulators to shut their role in preparing the device. for such research by 17 percent. We down fraudulent plans. When the manufacturer of the original must do better, and this amendment The bill’s convoluted regulatory device is identified on the device, the does that. structure would also create widespread reprocessor must do so as well. When confusion about who actually regulates the manufacturer of the original device The amendment’s offset reduces the association plans—the Federal Govern- has not done so, the bill permits the defensewide administrative fund under ment or States, and this confusion will use of detachable labels on the package the Secretary of Defense. It does not invite scams to proliferate. of the reprocessed device, so that the affect operations and maintenance We need to make affordable health label can be placed in the patient’s funding for the Army, Navy, or Air insurance for working families a top medical chart. Force. For example, it would reduce by priority, but this study shows the seri- These provisions will become effec- 21⁄2 percent the $2 billion that the bill ous consequences of exempting associa- tive 12 months after the date of enact- gives the Secretary for his ‘‘business tion health plans from State and over- ment, and they are a reasonable com- and financial management’’ trans- sight and enforcement. The result is promise of the interests of the FDA, formation proposal—an area that the predictable: mounting medical bills, the original manufacturers, and the re- Government Accountability Office has greater bankruptcy, medical care de- processors. deemed at ‘‘high-risk’’ for waste. nied or delayed, and coverage lost. It is I commend Chairman ENZI for his We can’t afford not to pass this wrong for Congress to turn back the leadership in producing this much- amendment, and I urge my colleagues clock to the days of widespread fraud needed legislation, and I welcome the to support it. against small businesses and their em- strong, bipartisan support for the bill

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.087 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8941 in our Health Committee. I urge all my Olympics has enabled athletes to not lington be included at this point in the colleagues to support this important only train for sporting events, but also RECORD. legislation, so that this valuable med- train for life. Through their voices, There being no objection,the mate- ical device program can continue effec- U.S. Special Olympics athletes have rial was ordered to be printed in the tively beyond September 30. provided Special Olympics with a very RECORD, as follows: f positive report card on the impact that [The Burlington Free Press, May 11, 2005] Special Olympics has on their lives. BUILDING AN AIRPORT CHANGING LIVES: THE IMPACT OF It is my hope that every person faced J.J. Hamilton has a solid 21-year record at SPECIAL OLYMPICS with intellectual disabilities will have the Burlington International Airport, 16 of Ms. LANDRIEU. Mr. President, I rise the opportunity some time in their life them as director, transforming a one-gate today to say a few words on the impact to participate in the Special Olympics. operation into today’s 10-gate facility that of Special Olympics. As many of you As exemplified by Rose Marie’s experi- generates $12 million in revenues. know, individuals with intellectual dis- The growth at the airport has occurred ence, overcoming athletic challenges gradually over the years, at a pace that has ability face an array of challenges in can lead to a successful life. Special met Vermont’s needs and changing life- their efforts to secure opportunities to Olympics is a program that supports an styles. Along the way, Hamilton has been lead quality lives. These challenges af- inclusive and productive society and I there to make a public pitch for significant fect every aspect of their lives, includ- look forward to watching what all improvements such as expanding the parking ing their ability to participate in a these individuals will accomplish in garage. meaningful way in their communities Hamilton has presided over one of the most the future. welcoming and attractive small airports U.S. and society at large. f The Special Olympics were created to travelers will ever find. Where else do you RETIREMENT OF J.J. HAMILTON find comfortable rocking chairs set up in address the use of sports as a vehicle front of picture windows that look out onto for demonstrating the dignity and ca- Mr. LEAHY. Mr. President, I would runways and spectacular mountain views? pability individuals with intellectual like to take this opportunity to pub- Long lines are rare, and visitors are treated disability can achieve. Over the 37 licly congratulate J.J. Hamilton on his to a taste of Vermont with displays of local years of Special Olympics history, retirement as Director of Aviation at art, scenic murals and a well-stocked sou- there is extensive documentation of the Burlington International Airport. venir shop. competition waged, medals won, and J.J. and I have been friends since our In 1997, the airport’s garage was built and main terminal expanded for $19.9 million; a barriers overcome around the world. days together at St. Michael’s College, $25 million expansion was launched five Athletes, families, coaches, volunteers, and it has been a great pleasure work- years later. The improvements have encour- and spectators have witnessed many ing with him over the years on avia- aged additional airlines to use the facility, small and large miracles through Spe- tion, expansion, and economic develop- securing Burlington International’s 2002 dis- cial Olympics. ment issues at the airport in Bur- tinction as the second-fastest-growing air- One such miracle is Rose Marie Gar- lington. port in the nation. rett of Baton Rouge, a three-time par- J.J. has been with the airport for 21 Decisions by airlines such as People Ex- ticipant in Special Olympics World press in the 1980s and JetBlue and Independ- years, serving for the past 15 as its top ence Air in recent years have added to Bur- games who in 2001 was named Louisi- manager. Under his direction, the Bur- lington International Airport’s luster. ana’s Special Olympian of the Year. At lington airport has been transformed For many years, Vermonters drove to Man- age 49, Rose Marie was diagnosed with from a sleepy, one-gate operation into chester, N.H., Albany, N.Y., or Boston for Dandy-Walker syndrome, a congenital an award-winning, 10-gate facility that cheaper flights out of New England. Today, brain malformation that impairs motor is a wonderful gateway to our great with several low-cost carriers operating out development due to a blockage of spi- State of Vermont. The airport has of Burlington, the expanded 1,651–space ga- nal fluid to the brain. Despite her life- rage is often crowded with travelers choosing grown to become an important engine their home airport. time of struggle with the physical in our State’s economy. This is especially important for a rel- problems caused by Dandy-Walker syn- Perhaps the best words to describe atively small state like Vermont, where a drome, Rose Marie was able to rise J.J.’s leadership in Burlington are healthy business climate requires easy, af- above this barrier and take charge of ‘‘measured and responsible.’’ As head of fordable air service—not to mention the rev- her life. Not only did she successfully Vermont’s largest airport, and one that enues linked directly and indirectly to air participate in the Special Olympics, is municipally owned, he has had to travel. Hamilton’s decision to step down as direc- but did so while holding a job at the delicately balance the urge for large- tor leaves a void at the airport that might be YMCA. However, Rose Marie did not scale expansion with his financial re- tough to fill for several reasons. stop her lifetime of hard work with her sponsibility to the citizens of Bur- First, his careful stewardship has estab- achievements in the Special Olympics. lington. When opportunities have aris- lished a high bar. The airport set a record for She has become a strong advocate for en to attract new air service, J.J. has the most significant growth period in the this valuable program, and teaches been careful to make sure that it is airport’s history during Hamilton’s tenure, bowling to children, disabled and non- sustainable and that the airport grows with nearly 635,000 people boarding flights last year. disabled alike. Her message to those appropriately to meet the new demand. Second, Hamilton’s annual salary of $85,885 working to overcome difficult hurdles And when the airport has sought to ex- isn’t highly competitive with many similar is ‘‘Work hard and go for your goal. If pand its business offerings, he has positions elsewhere in the United States, at first you don’t succeed, try, try worked cooperatively with the neigh- making it that much harder to recruit the again. Never give up. I didn’t. bors, the National Guard, and the busi- best and brightest to fill his shoes. The di- Rose Marie is just one of the many nesses that are based at the airport or rector of the Albany International Airport in success stories in the Special Olym- that rely on the airport to outline the New York, for example, earns $106,000 annu- pics. In 2004, they commissioned a ally. significance of the development. That is not an unusual problem in study of the impact of Special Olym- I am proud to have worked with J.J. Vermont, where salaries tend to lag behind pics programs on the lives of its ath- and others to bring the innovative, those of more urban areas. More often than letes in the United States. This study low-cost air service to Burlington that not, people accept the lower salary in ex- included survey research of current and has fueled record passenger growth at change for a higher quality of life. In some former athletes, coaches, and family the airport. From JetBlue and Inde- cases, out-of-state applicants argue—suc- members from a representative sample pendence Air to the parking expansions cessfully—for more money. of U.S. athletes and coaches. It is the to the new gates, J.J. has diligently The city ought to be somewhat flexible with the incoming director’s salary, but cau- most comprehensive assessment to moved forward not just to compete tiously so. A high wage doesn’t guarantee date of the impact of the Special Olym- with the Albanys and Manchesters of competence. pics experience on the lives of people the world for passengers, but to make Hamilton, 64, has agreed to stay on until with intellectual disabilities. In the Burlington a destination unto itself. his job is filled, and possibly longer. But Special Olympics Impact Study and I ask unanimous consent that a May Vermonters wish him well as he moves on. the Special Olympics Athlete Partici- 11, 2005, Burlington Free Press editorial Mr. LEAHY. Again, Mr. President, I pation Survey, we see that Special on J.J.’s accomplishments in Bur- want to thank J.J. for his many years

VerDate Aug 04 2004 05:05 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.089 S26JYPT1 S8942 CONGRESSIONAL RECORD — SENATE July 26, 2005 of dedicated service to the City of Bur- world and to be addressing those partici- Unity got us through school . . . and a C+ lington and its airport. Marcelle and I pating in the first gathering of the World mean average didn’t hurt. wish him and Janet all the best in re- Veterinary Association in the United States And on our graduation day, we became vet- since 1934. erinarians. Not equine veterinarians. Not bo- tirement. Seventy-one years ago, the AVMA and the vine veterinarians. Not small animal veteri- f World Veterinary Association met to discuss narians. We became veterinarians . . . mem- the hot issues of the day . . . poultry dis- bers of a select group of professionals that PRESIDENTIAL SCHOLARS eases, advances in food animal medicine, dedicate their lives to ensuring the highest Mr. OBAMA. Mr. President, on May food safety and global disease surveillance. standards in animal and public health. 3, 2005, Secretary of Education Mar- Today we are meeting once again and dis- Why is unity more important today than garet Spellings announced the selec- cussing the issues of our day . . . poultry dis- ever before? Aesop said it better than I ever eases, advances in food animal medicine, could . . . ‘‘we often give our enemies the tion of 141 outstanding American high food safety and global disease surveillance. means for our own destruction.’’ school seniors as the 2005 Presidential Thre thousand nine hundred seventeen vet- Today our profession is facing challenges, Scholars. The Presidential Scholars erinarians attended that 1934 meeting in New the likes of which we’ve never seen before. Program serves to honor outstanding York City at the Waldorf Astoria hotel; From town hall to Capitol Hill . . . from the students for their accomplishments in many from the same countries that are join- classroom to the laboratory . . . from the academics or the arts, as well as for ing us today. To each I extend our most sin- farm to the dinner table . . . our attention their leadership, character and civic cere welcome . . . especially to our col- is being pulled in a myriad of directions. In leagues from Afghanistan and Iraq . . . I contributions to their schools and com- light of those challenges, we must remain fo- hope that you find this experience to be one cused . . . we must stay united. While we munities. of the most memorable of your career. may practice in different disciplines involv- The United States Presidential Well, here we are, 71 years later. And while ing different species of animals, we must be Scholars Program was established in we may have different languages and cus- one vision, one voice. We must maintain the 1964 by Executive order of President toms, different ways communicating with highest standards in medicine and public Lyndon B. Johnson. The Presidential our clients and treating our patients, we health, encouraging and assisting others in have come together once again precisely be- Scholars Program annually selects one accomplishing the same. While we may prac- cause we have more in common than ever be- tice in different parts of the world, we must male and one female student from each fore. We are united in our quest for a better of the 50 States, the District of Colum- foster unity with our fellow veterinarians world and better medicine for both animals from around the globe. Good medicine knows bia, Puerto Rico, American students and humans. We are united in our concerns, no boundaries . . . knows no borders. We living abroad, 15 at-large students, and we are unified in our challenges and we are must cooperate and collaborate with our fel- up to 20 students in the arts. The stu- unified in the celebration of our achieve- low veterinarians worldwide . . . to make dents are selected on the basis of out- ments. We are what veterinary medicine is this world a better place for animals and hu- all about. mans, alike. standing scholarship, service, leader- When I told my wife, Pat, that I was giving Has there always been perfect unity within ship, and creativity through a rigorous this speech, she reminded me of something the profession? If you look back in the an- selection and review process adminis- Muriel Humphrey once told her husband, Hu- nals of our convention or in the Journal of bert, this country’s vice president and a fa- tered by the Department of Education. the American Veterinary Medical Associa- vorite son from this great state. She said, Over 5,000 of the Nation’s top students tion, you will see many instances where we ‘‘Hubert, a speech doesn’t have to be eternal have been honored as Presidential did not all agree. We are a diverse profession to be immortal.’’ I’ll try to remember that. Scholars since this prestigious pro- I come before you today slightly imperfect. and there are bound to be differences in opin- gram’s founding. As many of you know, I just had a knee re- ion. But I would argue that the French es- Of the 141 exceptional students recog- placement. sayist, Joubert, was right when he said, ‘‘the nized from across the United States for My recent surgery got me thinking . . . do aim of argument, or of discussion, should not 2005, I would especially like to recog- any of us truly appreciate our knees? Really be victory, but progress.’’ appreciate the foundation they provide? I Some of the differences our profession is nize three students from the great experiencing today may just be a reflection State of Illinois for their accomplish- know I didn’t . . . not until both gave out on me. I quickly came to realize, however, that of what is happening to society as a whole. ments. my knees must work together in unity in For example, we’ve moved away from an I send my congratulations to the fol- order for me to complete the tasks I take for agricultural society. In the past 20 years, lowing students for their accomplish- granted. I just assumed they’d provide a many of our colleagues have chosen a metro- ments in academics: Kelly A. solid foundation without much attention politan setting, where they concentrate on Zalocusky from Belleville High School from me. I was sadly mistaken. companion animals. As a result, the number of food animal graduates has slowed to a East in Belleville, IL, and her teacher Paying attention to our profession’s basic principles is what I’d like to talk to you trickle. The reality, however, is that food Philip C. Short; and Edgar P. Woznica about today. We all assume that our profes- animal practitioners are more important to from Fenwick High School in Oak sional unity and our rock solid foundation society than ever before. There is an acute Park, IL, and his teacher Ramzi are perpetual. They’re not. Without atten- shortage of food animal veterinarians during Farran. For her accomplishments in tion and care, our foundation can slowly a time when the world is threatened by the arts, I would like to congratulate begin to erode. That’s why I am dedicating zoonotic and foreign animal diseases. At the Marcella J. Capron from Loyola Acad- my presidency to the care and nurturing of same time, we are experiencing the same cri- emy in Wilmette, IL, and her teacher our professional unity . . . the essential cor- sis level shortages of public health veterinar- nerstone of our great profession. ians. Most new graduates are not choosing a Leslie Yatabe. Traditionally, past AVMA presidents have career in this essential segment of veteri- Please join me in congratulating the used this time to present you with a roster of nary medicine. The profession must find 2005 Presidential Scholars for their ac- very specific recommendations for new pro- ways to encourage undergraduates to enter complishments in academics and the grams and initiatives.Many of those rec- food animal and public health practice. arts. I wish them all the best in their ommendations have resulted in impressive In an attempt to resolve the critical food future endeavors. and important changes within the AVMA. animal veterinary shortage, AVMA has been But different times call for different ap- working on a number of strategies and ini- f proaches. I come before you today with a tiatives. WORLD VETERINARY ASSOCIATION total commitment to spending my year at For example, as many of you know, the the helm of this great organization working AVMA helped fund a study to estimate the Mr. BAUCUS. I ask unanimous con- to reaffirm our unity. future demand and availability of food sup- sent that Senator JEFFORDS’S speech As president elect, I’ve spent much of the ply veterinarians and to investigate the before the World Veterinary Associa- past year speaking to a wide variety of vet- means for maintaining the required num- tion be printed in the RECORD. erinary associations and student organiza- bers. There being no objection, the mate- tions. In May, when I gave the commence- AVMA also approved and financially sup- ment address at Auburn, I was reminded of ported the development of benchmarking rial was ordered to be printed in the my own graduation. I was reminded of my tools for production animal practitioners by RECORD, as follows: classmates and my professors. Of the long the National Commission on Veterinary Eco- Members of the House of Delegates, the hours and challenges that we faced and sur- nomic Issues. These benchmarking tools are World Veterinary Association, other inter- vived. I think back to the unity we felt as a designed to provide our current practitioners national guests, friends and colleagues . . . class and our coordinated effort to help each with help in ensuring that their practices are I’m honored to be a part of this historic other. Doing whatever it took to ensure that financially successful. That, in turn, will as- gathering. I’m especially pleased to welcome each individual met the challenges of the sist in attracting future veterinarians to my fellow veterinarians from around the curriculum and graduated. food animal practice.

VerDate Aug 04 2004 05:05 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.028 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8943 The government relations division of the the time to explore solutions to that prob- nary school, third graders with a commit- AVMA is diligently working to convince lem, and I will do everything in my power to ment to animals that rivals the grit and de- Congress to provide federal funding for the ensure that this issue is thoroughly inves- termination of a Jack Russell terrier . . . National Veterinary Medical Service Act. If tigated and addressed. and I know that we will not only survive . . . fully funded, that act could go a long way to- To achieve unity, I firmly believe that we but thrive. ward encouraging recent graduates to prac- must be inclusive, not exclusive. The public As I’ve said, my presidency will be dedi- tice food animal medicine in under-served has always been well served by the diversity cated to re-energizing the unity that has al- areas and provide veterinary services to the in our practice areas. Now, we must diversify ways been our strength and foundation. As federal government in emergency situations. our membership. The AVMA . . . with more another president from the northeast, John Just last month, the Senate Agriculture Ap- than 72,000 members representing 68 con- F. Kennedy, once said, ‘‘Let us not be blind propriations Subcommittee approved $750,000 stituent organizations in the House of Dele- to our differences—but let us also direct at- for a pilot program. We applaud the efforts of gates . . . must now seek to represent every tention to our common interests.’’ Representatives Pickering and Turner . . . race, creed and color. As a profession, we Ladies and gentlemen, our common inter- and Senators Cochran and Harkin . . . all of must mirror the public, and they us. We ests are so much greater than our dif- whom sponsored the original bill. And I want must become a profession more reflective of ferences. Like the society and world around to thank the Appropriations Subcommittee, the population we serve. us, we are changing. And change is never especially Senator Brownback for his kind Over thirty years ago, Dr. H.J. Magrane, easy. But with your help, and our combined words and commitment to veterinary medi- then president of the AVMA, spoke often and dedication and attention to preserving and cine. passionately about the need for inclusion protecting our unity of purpose, we will AVMA is also lobbying our federal legisla- and equality in our profession. As a profes- thrive and remain one of the most admired tors to pass the Veterinary Workforce Ex- sion, we have still not made the advances in and respected professions in the world. pansion Act . . . an important piece of legis- diversity that are necessary. During the coming year, I will be looking lation that will provide us with sorely need- As the great social scientist Margaret to you for help. I will listen . . . and I will ed public health and public practice veteri- Mead said .... ‘‘in diversity . . . we will participate. I will follow your lead . . . and I narians. Today’s public health practitioners add to our strength.’’ will lead to enlighten. I implore each of you play an invaluable role in U.S. agriculture, In order to achieve our diversity goals, we to participate in this great organization and food safety, zoonotic disease control, animal must initiate both practical and creative make it your own. For you are the teachers welfare, homeland security and international ideas to arrive at an enriched membership. . . . you are the visionaries . . . you are vet- standards and trade. Without an adequate It’s up to us . . . all of us . . . to reach out erinary medicine. number of public health veterinarians, the to young people and to nurture their inter- Thank you. wellbeing of our nation—yes, even the ests and talents so that we become the shin- world—is at risk. Senator Allard has been in- ing example of professional diversity. We f valuable and unwavering in his dedication to need to be involved in youth groups, in NATIONAL HERITAGE FELLOWSHIP moving this act forward through the com- churches, and in our public schools . . . and plicated legislative process. I intend to do united in our quest, so that others say, ‘‘we Mr. OBAMA. Mr. President, today I everything I can as president to provide sup- must emulate the AVMA.’’ rise to congratulate an Illinois resident port to Senator ALLARD’s effort to pass the Once in veterinary school, our students who has received national recognition veterinary workforce expansion act. . . . all our students . . . need to know that for her contributions to the American On the international education level, we, as a profession, are there to mentor and artistic community. Ms. Albertina AVMA has been committed to the global to help them through the special challenges Walker of Chicago, the ‘‘Queen of Gos- they face. None of us got to where we are unity of the profession for decades. The pel Music,’’ has been selected to re- AVMA Council on Education has partnered today without at least one special person with Canada since the accreditation system . . . one special veterinarian . . . who took ceive a National Heritage Fellowship was developed and has accredited six foreign us under his or her wing and proved to be our by the National Endowment for the veterinary colleges. We are working with six own, personal cornerstone. We can do no less Arts, NEA. additional schools. We’re extremely proud of for those who are striving today to become The highest honor in the field of folk those colleges. As more inquiries come for- members of our profession. and traditional arts, these fellowships ward, it’s self evident that the world looks to In what programs is the AVMA currently are awarded to 12 outstanding artists involved concerning diversity? First, at its us as the gold standard in educational goals each year to recognize their contribu- and expectations. April 2005 meeting, the Board approved the At the same time, I will be supporting the establishment of a Task Force on Diversity. tions to their fields. They are selected efforts of our specialty organizations to at- That task force will recommend steps that based on their artistic excellence and tract and train the new practitioners they we must take to meet our goals in diversity. cultural authencity. need. Currently, there are 20 veterinary spe- But here’s something you can do in the im- National Heritage Fellowships are cialty organizations comprising 37 distinct mediate future. Tomorrow, our convention not open to application but are based areas of expertise under the AVMA umbrella. will offer a full day diversity symposium, in- on nominations from members of the cluding an appearance by Doctor Debbye The AVMA economic report on veterinar- public. Begun in 1982, these fellowships ians and veterinary practices has revealed a Turner, veterinarian, former Miss America substantial difference between the incomes and contributor to the CBS early show. I consist of a $20,000 grant and are part of specialists and non-specialists practicing hope many of you will plan on spending part of the NEA’s mission of supporting ex- in similar disciplines. I will, as president, en- of your day attending these important meet- cellence in the arts, both new and tra- courage the development of additional in- ings, if time permits. ditional. Previous National Heritage depth financial surveys that, hopefully, will Diversity will also be an integral part of Fellowship recipients have included motivate our undergraduates to further their the 2006 Veterinary Leadership Conference. such artists as B.B. King and John Lee education and achieve specialty status . . . Each of these opportunities is designed to Hooker. help us achieve the diversity we’ve talked thus helping ensure that public demand for The Grammy-award winning Ms. advanced veterinary medical services are about for so long. being met while, at the same time, increas- So what’s on our want list for 2005? As I’ve Walker is a native of Chicago and has ing our economic base. mentioned, critical shortages exist in food been involved in gospel music for over Hopefully, these additional specialists will animal and public health veterinarians. But 70 years. She has recorded over 60 al- serve as a resource for our veterinary col- we also are desperately in need of teachers bums and is an active member of West leges who are becoming increasingly under- and researchers. We need policy experts and Point Missionary Baptist Church. staffed. homeland security professionals. We need I thank the National Endowment for In the past fifteen years, we’ve seen a shift legislative leaders, and we need veterinar- in the demographics of our profession. I’ll ians who are visionaries and who can lead us the Arts for its recognition of Ms. bet there were plenty of raised eyebrows in this era of globalization. There exists such Walker’s outstanding work and once when McKillips College, in 1903, and the Chi- critical shortages in so many areas that again applaud Ms. Walker for her cago Veterinary College, in 1910, graduated some days I wonder if our small numbers achievement. our country’s first female veterinarians. It’s can, in fact, make a difference. f hard to believe that as recently as 1963 the But then I am asked to speak somewhere. profession included only 277 female veteri- And I look at the enthusiastic faces in my ADDITIONAL STATEMENTS narians. audience . . . established veterinarians who We’re proud of the fact than an increasing are deeply involved in their state and local number of our graduates are women. Their associations, students who live and breathe 125TH ANNIVERSARY OF BUFFALO, contributions and leadership have strength- only to count off the days until they can NORTH DAKOTA ened our profession. However, the recent touch their dream, high school students with AVMA-Pfizer study confirmed lower mean straight A’s who are anxious to know what ∑ Mr. CONRAD. Mr. President, I rise female incomes within the profession. Now is else they have to do to make it into veteri- today to recognize a community in

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.094 S26JYPT1 S8944 CONGRESSIONAL RECORD — SENATE July 26, 2005 North Dakota that will be celebrating nomic well being, quality of life, and a And unlike the churches of their time, its 125th anniversary. On July 14–17, positive environment in which to work the co-founder, Bishop Richard Allen, the residents of Buffalo gathered to and raise a family. New Jersey’s tour- insured that any person regardless of celebrate their community’s history ism industry, scenic beauty, low crime race, creed, or color could worship in and founding. rate, high-quality education, commu- church. Buffalo is a vibrant and active com- nity spirit, parks and recreation, make It is with that spirit and the spirit of munity in eastern North Dakota with a my State attractive for many families benevolence toward one another that population of more than 200 people. De- and businesses. the Women’s Missionary Society was spite its small size, Buffalo holds an Moorestown, a 15-square-mile, tree- formed. Through the vision of Mrs. important place in North Dakota’s his- lined, suburban town, was named the Sarah Allen, the wife of Bishop Richard tory. Buffalo, like most small towns in No. 1 place to live in America. This Allen, there was formed the Women’s North Dakota, got its start when the lovely little hamlet, located in Bur- Missionary Society of the African railroad stretched throughout the lington County, prides itself on its his- Methodist Episcopal Church in an ef- State. In 1883, the postmaster, Charles toric buildings, charming customs, and fort to mobilize and encourage women A. Wilder, named the community Buf- social conscience. One of its nicest train the area of missions. Today the mis- falo in honor of the secretary of the ditions is its ‘‘Random Act of Kindness sionary society is still committed to Northern Pacific Railway, who was Week,’’ a time when its citizens are en- spreading the principles of Christian born in Buffalo, NY. couraged to practice the virtue of good love and boasts a membership of over Buffalo has a very active historical deeds, not only for the neediest, but for 800,000 worldwide. It is their charge and society that has worked to restore two their next-door neighbors as well. Only duty to serve God in all they do and to unique properties, the Old Stone moments away from Philadelphia, it assist in the progression of serving all Church and the 1916 High School, both has a booming economy with numerous people worldwide. Indeed, the Women’s Missionary So- of which are listed on the National manufacturing facilities, high-tech ciety has a wonderful 130 year history Register of Historic Places. The res- firms, and defense contractors. within the A.M.E. Church. In early toration of the Old Stone Church, in Moorestown is also home to many cul- 1900s the Kansas/Nebraska Conference particular, has received national atten- tural arts venues and recreational fa- Branch Women’s Missionary Society tion. In 1999, it was awarded a National cilities. As many of the families that was formed. At this time, Kansas/Ne- Trust for Historic Preservation Honor have lived there for generations will braska conference began to serve and Award. Buffalo is the only community tell you, this town is truly the perfect meet the needs of the church and the in North Dakota to ever receive the place to raise a family and call home. community. During their 130 year his- One of our other great towns, Chat- award, and it is the smallest commu- tory, the Missionary Society encoun- ham, NJ, was ranked the ninth most nity in the Nation to ever receive the tered many social challenges. And award. The restoration of this prairie desirable place to live in the country. holding true to their legacy, they church united the community and pre- This small wonder of Morris County, learned to adjust, adapt, and to be of served an important piece of our sits on the banks of the Passaic River, service to the A.M.E. Church and the State’s history. The residents of Buf- and is home to many of the historic African American community. As a falo can be extremely proud of their ef- manufacturing plants of the late 1800s conference, they sponsor and hold forts to preserve these historic places. and early 1900s. Today, Chatham relies workshops and seminars to educate the For those who call Buffalo home, it is on many major technology and com- A.M.E. Church and the community on a comfortable place to live, work, and munications firms to help boost this social issues that affect the Black com- play. Today, Buffalo is home to a cafe´, small metropolis to the forefront of the munity daily. gas station and repair shop, bank, day Nation. Chatham is a great place to The Kansas/Nebraska Missionary So- care, heritage museum and much more. raise a family as well, with its many ciety has had several Episcopal super- The community had a wonderful cele- fine schools and close proximity to visors who met the challenges of mis- bration that included an all school re- New York City. It is also home to a na- sion with the A.M.E. Church and the union, parade, car show, street dance, tional wildlife refuge, which residents African American community in gen- fireworks, and games. fought to protect from developers. eral. Today, the missionary society has I ask the Senate to join in me con- It is no surprise that my home State opened a new chapter of missions with gratulating Buffalo, ND, and its resi- of New Jersey is the only place with a Supervisor who has a global mission dents on their first 125 years and in two towns in the top 10 list. to serve abroad as well as at home, wishing them well through the next Moorestown and Chatham both deserve Reverend Dr. Cecelia Williams Bryant, century. By honoring Buffalo and all these high honors. I applaud the local who is affectionately known as ‘‘Rev. the other historic small towns of North officials, enterprising business men and C.’’ Dakota, we keep the great pioneering women, and the committed citizens of Holding true to the A.M.E. Church frontier spirit alive for future genera- these great towns. I am proud to rep- legacy, Rev ‘‘C’’ is a true visionary. tions. It is places such as Buffalo that resent them in the U.S. Senate, and Under the direction of Rev. ‘‘C,’’ the have helped to shape this country into wish them all the best in the future.∑ missionary society will create opportu- what it is today, which is why this fine f nities for those in need, obtain re- community is deserving of our recogni- sources for the changing needs and A TRIBUTE TO THE AFRICAN tion. work to address the concerns of people METHODIST EPISCOPAL CHURCH Buffalo has a proud past and a bright throughout the world. They will also future.∑ ∑ Mr. BROWNBACK. Mr. President, it offer aid and assistance to women’s or- f gives me great pleasure to rise today ganizations throughout the world as and to honor the work of the Women’s well. They also plan to pray and enthu- TRIBUTE TO THE TOWNS OF Missionary Society of the African siastically send the message through- MOORESTOWN AND CHATHAM, Methodist Episcopal Church, whose an- out the Nation and the world that NEW JERSEY nual conference will be held in my prayer will and can make a difference. ∑ Mr. CORZINE. Mr. President, I rise home State of Kansas. As you may On the evening of September 6, 2005, today to pay tribute to Moorestown know, the African Methodist Episcopal at St. John African Methodist Epis- and Chatham, NJ, on being named two Church has a magnificent and mar- copal Church, Topeka, KS, the Kansas/ of the best places in the country to velous history in this country. The Nebraska Conference Branch Women’s live. It is only fitting that an ac- A.M.E. Church was the first African Missionary Society of the African claimed national magazine recognized American Church founded in this Na- Methodist Episcopal Church will pro- what I have always known—New Jersey tion. Borne out of the struggle to wor- claim ‘‘The Healing of the Nations’’ as is a great State in which to live. ship our almighty and benevolent Fa- they explore and tell the story of the Moorestown and Chatham received ther without persecution, the A.M.E. women in the Democratic Republic of these top honors based upon the fol- Church was founded in order that Afri- the Congo, India and the Boothheel of lowing criteria: business climate, eco- can Americans could worship freely. Missouri.

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.065 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8945 Mr. President, it is quite evident that tion of the individuals who had the ference on the part of the House: Mr. the Kansas/Nebraska Women’s Mis- courage to make a home for them- TAYLOR of North Carolina, Mr. LEWIS sionary Society is ready to accept the selves on the plains of the Dakotas of California, Mr. WAMP, Mr. PETERSON challenges to move forward and con- serves as inspiration to all those who of Pennsylvania, Mr. SHERWOOD, Mr. tinue to serve this Nation and the believe in the honest pursuit of their ISTOOK, Mr. ADERHOLT, Mr. DOOLITTLE, world in the areas of missions.∑ dreams. Colman’s proud 560 residents Mr. SIMPSON, Mr. DICKS, Mr. OBEY, Mr. f celebrate their city’s vibrant 125 year MORAN of Virginia, Mr HINCHEY, Mr. history and the legacy of the pioneer OLVER, and Mr. MOLLOHAN. HONORING THE COMMUNITY OF spirit on August 13th, 2005.∑ COLMAN, SOUTH DAKOTA f f ∑ Mr. JOHNSON. Mr. President, I rise MEASURES REFERRED today to honor and publicly recognize MESSAGES FROM THE HOUSE The following concurrent resolution the 125th anniversary of the founding At 12:18 p.m., a message from the was read, and referred as indicated: of the town of Colman, South Dakota. House of Representatives, delivered by H. Con. Res. 181. Concurrent resolution On August 13, 2005, Colman citizens cel- Ms. Brandon, one of its reading clerks, supporting the goals and ideals of National ebrate their community’s proud past as announced that the House has passed Life Insurance Awareness Month, and for well as their hope for a promising fu- the following bill and joint resolution, other purposes; to the Committee on the Ju- diciary. ture. in which it requests the concurrence of Located in Moody County, Colman is the Senate: f a small community nestled amongst H.R. 1797. An act to provide for equitable MEASURES READ THE FIRST TIME the fertile farmland of eastern South compensation to the Spokane Tribe of Indi- Dakota. The town got its start with The following bill was read the first ans of the Spokane Reservation for the use time: the help of the railroad, specifically of tribal land for the production of hydro- the Milwaukee line, as it made its way power by the Grand Coulee Dam, and for H.R. 1797. An act to provide for equitable into the western United States. Platted other purposes. compensation to the Spokane Tribe of Indi- H.J. Res. 59. Joint resolution expressing ans of the Spokane Reservation for the use in 1880, Colman was originally named of tribal land for the production of hydro- Allenson, in honor of the Allen family the sense of Congress with respect to the women suffragists who fought for and won power by the Grand Coulee Dam, and for who donated the town site in 1880. Not the right of women to vote in the United other purposes. long thereafter, however, it was re- States. f named Colman, honoring the town’s The message also announced that the prosperous Colman Lumber Company. EXECUTIVE AND OTHER Colman experienced a great deal of House has agreed to the following con- COMMUNICATIONS economic prosperity in the early 20th current resolution, in which it requests The following communications were century. Although only a fraction of the concurrence of the Senate: laid before the Senate, together with the businesses Main Street once boast- H. Con. Res. 181. Concurrent resolution accompanying papers, reports, and doc- ed are still in operation, it is clear supporting the goals and ideals of National uments, and were referred as indicated: Life Insurance Awareness Month, and for Colman was a lively, self-sufficient other purposes. EC–3177. A communication from the Assist- city with a variety of goods and servant Attorney General, Office of Legislative ices to offer. The bustling community At 1:54 p.m., a message from the Affairs, Department of Justice, transmit- included a grain elevator, a flourishing House of Representatives, delivered by ting, pursuant to law, the 2004 Annual Re- port of the National Institute of Justice; to mill, both a dairy and dairy delivery Ms. Niland, one of its reading clerks, service, a trucking service, a doctor, a the Committee on the Judiciary. announced that the House has passed EC–3178. A communication from the Direc- weekly newspaper, and a theater that the following bill, without amendment: tor, National Legislative Commission, The showed movies every night of the week. S. 904. An act to designate the facility of American Legion, transmitting, pursuant to One of Colman’s oldest businesses is the United States Postal Service located at law, a report relative to the financial condi- the Farmers Cooperative Elevator, 1560 Union Valley Road in West Milford, New tion of the American Legion as of December which is still in use today. Although it Jersey, as the ‘‘Brian P. Parrello Post Office 31, 2004; to the Committee on the Judiciary. was established in 1898, the structure Building’’. EC–3179. A communication from the Dep- was destroyed and had to be rebuilt in The message also announced that the uty Assistant Administrator, Office of Diver- sion Control, Department of Justice, trans- 1941. Additionally, Colman’s first House disagree to the amendments of mitting, pursuant to law, the report of a rule school was a one-room building near the Senate to the bill H.R. 2985 making entitled ‘‘Authority for Practitioners To Dis- the western outskirts of the town. appropriations for the Legislative pense or Prescribe Approved Narcotic On January 28, 1901, the first issue of Branch for the fiscal year ending Sep- (Opioid) Controlled Substances for Mainte- The Colman Argus was published by tember 30, 2006, and for other purposes, nance or Detoxification Treatment’’ Bert H. Berry. In April of that year, and agree to the conference asked by (RIN1117–AA68) received on July 21, 2005; to Berry sold the weekly paper to F.F. the Senate on the disagreeing votes of the Committee on the Judiciary. French, who owned and edited it until the two Houses thereon; and appoints EC–3180. A communication from the Dep- his death in 1931. French’s son, F. Philo uty Assistant Administrator, Office of Diver- the following Members as the managers sion Control, Department of Justice, trans- French, continued to print the publica- of the conference on the part of the mitting, pursuant to law, the report of a rule tion for the next 26 years, and then House: Mr. LEWIS of California, Mr. entitled ‘‘Clarification of the Exemption of passed it on in 1957 to his widow, Lulu KINGSTON, Ms. GRANGER, Mr. DOO- Sales by Retail Distributors of French, who eventually sold the paper LITTLE, Mr. LAHOOD, Mr. OBEY, Mr. Pseudoephedrine and Phenylpropanolamine in 1971, upon her retirement. HOYER, and Mr. MORAN of Virginia. Products’’ (Docket No. DEA–239T) received In the last three decades, Colman has on July 21, 2005; to the Committee on the Ju- evolved into a peaceful and quiet com- At 4:55 p.m., a message from the diciary. munity that is great for retirees, those House of Representatives, delivered by EC–3181. A communication from the Assist- ant Chief, Regulations and Procedures Divi- raising children, and everyone in be- Mr. Hays, one of its reading clerks, an- sion, Alcohol and Tobacco Tax and Trade Bu- tween. The curtailment of the railroad, nounced that the House disagree to the reau, Department of the Treasury, transmit- in addition to the improvement of amendment of the Senate to the bill ting, pursuant to law, the report of a rule en- roads and alternate routes that H.R. 2361 making appropriations for titled ‘‘Establishment of the High Valley sidestepped Colman, caused people to the Department of the Interior, envi- Viticultural Area (2003R–361P)’’ ((RIN1513– travel to larger towns in the State to ronment, and related agencies for fis- AA79)(T.D. TTB–30)) received on July 21, conduct their business. Nevertheless, cal year ending September 30, 2006, and 2005; to the Committee on the Judiciary. technology and progress can never for other purposes, and agree to the EC–3182. A communication from the Assist- ant Chief, Regulations and Procedures Divi- touch the firm resolve and remarkable conference asked by the Senate on the sion, Alcohol and Tobacco Tax and Trade Bu- work ethic that is characteristic of the disagreeing votes of the two Houses reau, Department of the Treasury, transmit- great people of this country’s heart- thereon; and appoints the following ting, pursuant to law, the report of a rule en- land. The innovation and determina- Members as the managers of the con- titled ‘‘Establishment of the Alexandria

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.098 S26JYPT1 S8946 CONGRESSIONAL RECORD — SENATE July 26, 2005 Lakes Viticultural Area (2002R–152R)’’ EC–3192. A communication from the Assist- titled ‘‘Geographic Use of the Term ‘United ((RIN1513–AA45)(T.D. TTB–29)) received on ant Administrator, Office of Administration States’ ’’ (DFARS Case 2001–D003) received on July 21, 2005; to the Committee on the Judi- and Resource Management, Environmental July 21, 2005; to the Committee on Armed ciary. Protection Agency, transmitting, pursuant Services. EC–3183. A communication from the Assist- to law, the report of a change in previously EC–3203. A communication from the Assist- ant Chief, Regulations and Procedures Divi- submitted reported information and the dis- ant Administrator for Procurement, Na- sion, Alcohol and Tobacco Tax and Trade Bu- continuation of service in the acting role for tional Aeronautics and Space Administra- reau, Department of the Treasury, transmit- the position of Assistant Administrator for tion, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- Prevention, Pesticides and Toxic Sub- port of a rule entitled ‘‘Contractor Access to titled ‘‘Establishment of the Horse Heaven stances, received July 21, 2005; to the Com- Sensitive Information’’ (RIN2700–AC60) re- Hills Viticultural Area (2002R–103P)’’ mittee on Environment and Public Works. ceived on July 21, 2005; to the Committee on ((RIN1513–AA91)(T.D. TTB–28)) received on EC–3193. A communication from the Acting Commerce, Science, and Transportation. July 21, 2005; to the Committee on the Judi- Director, Office of Congressional Affairs, Nu- EC–3204. A communication from the Under ciary. clear Regulatory Commission, transmitting, Secretary and Director, Patent and Trade- EC–3184. A communication from the Dep- pursuant to law, the report of a rule entitled mark Office, Department of Commerce, uty Assistant Administrator, Office of Ad- ‘‘Export and Import of Nuclear Equipment transmitting, pursuant to law, the report of ministration and Resource Management, En- and Material: Nuclear Grade Graphite’’ a rule entitled ‘‘Revision of Search and Ex- vironmental Protection Agency, transmit- (RIN3150–AH51) received on July 21, 2005; to amination Fees for Patent Cooperation Trea- ting, pursuant to law, the report of a nomi- the Committee on Environment and Public ty Applications Entering the National Stage nation and a nomination confirmed for the Works. in the United States’’ (RIN0651–AB84) re- position of Assistant Administrator for Ad- EC–3194. A communication from the Acting ceived on July 21, 2005; to the Committee on ministration and Resources Management, re- Director, Office of Congressional Affairs, Nu- Commerce, Science, and Transportation. ceived on July 21, 2005; to the Committee on clear Regulatory Commission, transmitting, EC–3205. A communication from the Under Environment and Public Works. pursuant to law, the report of a rule entitled Secretary and Director, Patent and Trade- EC–3185. A communication from the Assist- ‘‘List of Approved Spent Fuel Storage Casks: mark Office, Department of Commerce, ant Administrator, Office of Administration VSC–24 Revision’’ (RIN3150–AH70) received transmitting, pursuant to law, the report of and Resource Management, Environmental on July 21, 2005; to the Committee on Envi- a rule entitled ‘‘Requirements to Receive a Protection Agency, transmitting, pursuant ronment and Public Works. Reduced Fee for Filing an Application to law, the report of a nomination confirmed EC–3195. A communication from the Under through the Trademark Electronic Applica- for the position of Assistant Administrator Secretary of Defense for Acquisition, Tech- tion System’’ (RIN0651–AB88) received on for Water, received July 21, 2005; to the Com- nology and Logistics, transmitting, pursuant July 21, 2005; to the Committee on Com- mittee on Environment and Public Works. to law, the National Defense Stockpile (NDS) merce, Science, and Transportation. EC–3186. A communication from the Assist- Annual Materials Plan (AMP) for Fiscal EC–3206. A communication from the Dep- ant Administrator, Office of Administration Year 2006, and revisions to the Fiscal Year uty Assistant Secretary for Export Adminis- and Resource Management, Environmental 2005 AMP; also included are AMPs for Fiscal tration, Bureau of Industry and Security, Protection Agency, transmitting, pursuant Years 2007 through 2010; to the Committee on Department of Commerce, transmitting, pur- to law, the report of a nomination confirmed Armed Services. suant to law, the report of a rule entitled for the position of General Counsel, received EC–3196. A communication from the Prin- ‘‘Licensing Policy for Entities Sanctioned July 21, 2005; to the Committee on Environ- cipal Deputy, Office of the Under Secretary under Specified Statutes; License Require- ment and Public Works. of Defense for Personnel and Readiness, De- ment for Certain Sanctioned Entities; and EC–3187. A communication from the Assist- partment of Defense, transmitting, pursuant Imposition of License Requirement for Tula ant Administrator, Office of Administration to law, the authorization of the wearing of Instrument Design Bureau’’ (RIN0694–AD24) and Resource Management, Environmental the insignia of the grade of vice admiral; to received on July 21 2005; to the Committee Protection Agency, transmitting, pursuant the Committee on Armed Services. on Commerce, Science, and Transportation. to law, the report of a nomination and a EC–3197. A communication from the Prin- EC–3207. A communication from the Dep- nomination confirmed for the position of Ad- cipal Deputy, Office of the Under Secretary uty Assistant Administrator for Regulatory ministrator, received July 21, 2005; to the of Defense for Personnel and Readiness, De- Programs, National Marine Fisheries Serv- Committee on Environment and Public partment of Defense, transmitting, pursuant ice, National Oceanic and Atmospheric Ad- Works. to law, the authorization of the wearing of ministration, transmitting, pursuant to law, EC–3188. A communication from the Assist- the insignia of the grade of lieutenant gen- the report of a rule entitled ‘‘Magnuson-Ste- ant Administrator, Office of Administration eral; to the Committee on Armed Services. vens Fishery Conservation and Management and Resource Management, Environmental EC–3198. A communication from the Prin- Act Provisions; Fisheries of the North- Protection Agency, transmitting, pursuant cipal Deputy, Office of the Under Secretary eastern United States; Northeast Multispe- to law, the report of a nomination for the po- of Defense for Personnel and Readiness, De- cies Fishery, Final Rule Amending the PSP sition of Assistant Administrator for En- partment of Defense, transmitting, pursuant Emergency Closure’’ (RIN0648–AT51) received forcement and Compliance Assurance, re- to law, the authorization of the wearing of on July 21, 2005; to the Committee on Com- ceived July 21, 2005; to the Committee on En- the insignia of the grade of lieutenant gen- merce, Science, and Transportation. vironment and Public Works. eral; to the Committee on Armed Services. EC–3208. A communication from the Dep- EC–3189. A communication from the Assist- EC–3199. A communication from the Prin- uty Assistant Administrator for Regulatory ant Administrator, Office of Administration cipal Deputy, Office of the Under Secretary Programs, National Marine Fisheries Serv- and Resource Management, Environmental of Defense for Personnel and Readiness, De- ice, National Oceanic and Atmospheric Ad- Protection Agency, transmitting, pursuant partment of Defense, transmitting, pursuant ministration, transmitting, pursuant to law, to law, the report of a vacancy and a nomi- to law, the authorization of the wearing of the report of a rule entitled ‘‘Fisheries of the nation for the position of Deputy Adminis- the insignia of the grade of general; to the Caribbean, Gulf of Mexico, and South Atlan- trator, received July 21, 2005; to the Com- Committee on Armed Services. tic; Coastal Migratory Pelagic Resources of mittee on Environment and Public Works. EC–3200. A communication from the Under the Gulf of Mexico and South Atlantic; EC–3190. A communication from the Assist- Secretary of Defense for Acquisition, Tech- Amendment 15’’ (RIN0648–AS53) received on ant Administrator, Office of Administration nology, and Logistics, transmitting, pursu- July 21, 2005; to the Committee on Com- and Resource Management, Environmental ant to law, a report (6 subjects on 1 disc be- merce, Science, and Transportation. Protection Agency, transmitting, pursuant ginning with ‘‘Inquiry Response on Rock Is- EC–3209. A communication from the Dep- to law, the report of a change in previously land Questions and Request for Clarifica- uty Assistant Administrator for Regulatory reported information and the discontinu- tion’’) relative to the Defense Base Closure Programs, National Marine Fisheries Serv- ation of service in the acting role for the po- and Realignment Act of 1990, as amended; to ice, National Oceanic and Atmospheric Ad- sition of Assistant Administrator for Solid the Committee on Armed Services. ministration, transmitting, pursuant to law, Waste and Emergency Response, received EC–3201. A communication from the Under the report of a rule entitled ‘‘Final Rule to July 21, 2005; to the Committee on Environ- Secretary of Defense for Acquisition, Tech- Implement Amendment 10 to Alaska Scallop ment and Public Works. nology, and Logistics, transmitting, pursu- FMP’’ (RIN0648–AS90) received on July 21, EC–3191. A communication from the Assist- ant to law, a report (8 subjects on 1 disc be- 2005; to the Committee on Commerce, ant Administrator, Office of Administration ginning with ‘‘DoD Response to BRAC Com- Science, and Transportation. and Resource Management, Environmental mission’s Questions for the Record Resulting EC–3210. A communication from the Dep- Protection Agency, transmitting, pursuant from the July 18, 2005, Hearing’’) relative to uty Assistant Administrator for Regulatory to law, the report of the designation of an the Defense Base Closure and Realignment Programs, National Marine Fisheries Serv- acting officer and a change in previously Act of 1990, as amended; to the Committee on ice, National Oceanic and Atmospheric Ad- submitted reported information for the posi- Armed Services. ministration, transmitting, pursuant to law, tion of Assistant Administrator for Research EC–3202. A communication from the Direc- the report of a rule entitled ‘‘Emergency and Development, received July 21, 2005; to tor, Defense Procurement and Acquisition Fishery Closure Due to the Presence of the the Committee on Environment and Public Policy, Department of Defense, transmit- Toxin that Causes Paralytic Shellfish Poi- Works. ting, pursuant to law, the report of a rule en- soning’’ (RIN0648–AT48) received on July 21,

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.016 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8947 2005; to the Committee on Commerce, EC–3219. A communication from the Assist- Contributions, amount, date, and donee: Science, and Transportation. ant Administrator for Fisheries, Office of 1. James P. Cain: $865.00, 1/2005, N.C. Re- EC–3211. A communication from the Acting Sustainable Fisheries, National Oceanic and publican Party; $300.00, 7/2004, N.C. Repub- Director, Office of Sustainable Fisheries, Na- Atmospheric Administration, transmitting, lican Party; $199.00, 3/32004, N.C. Republican tional Oceanic and Atmospheric Administra- pursuant to law, the report of a rule entitled Party; $500.00, 11/2003, N.C. Republican Party; tion, transmitting, pursuant to law, the re- ‘‘Fisheries Off West Coast States and in the $2,000.00, 7/2003, Bush/Cheney ’04; $1,0000.00, 4/ port of a rule entitled ‘‘Fisheries Off West Western Pacific; West Coast Salmon Fish- 2003, N.C. Republican Party; $1,000.00, 4/2003, Coast States and in the Western Pacific; Pa- eries; 2005 Management Measures’’ ((RIN0648– Burr for U.S. Senate; $1,000.00, 11/2002, N.C. cific Halibut Fisheries; Oregon Sport Fish- AS58) (I.D. No. 042505B)) received on July 21 Republican Party; $1,000.00, 11/2002, Dole N.C. eries; Temporary Rule; Inseason Adjust- 2005; to the Committee on Commerce, Victory Committee; $1,000.00, 11/2002, Dole for ment’’ (I.D. No. 061605B) received on July 21, Science, and Transportation. U.S. Senate; $250.00, 10/2002, Grant for Con- 2005; to the Committee on Commerce, EC–3220. A communication from the Dep- gress; $100.00, 2/2002, Grant for Congress; Science, and Transportation. uty Assistant Administrator for Operations, $1,000.00, 1/2002, Dole for U.S. Senate; $500.00, EC–3212. A communication from the Acting Office of Sustainable Fisheries, National 10/2001, N.C. Republican Party; $100.000, 11/ Director, Office of Sustainable Fisheries, Na- Oceanic and Atmospheric Administration, 2000, Bush Cheney Recount Fund; $1,000.00, 6/ tional Oceanic and Atmospheric Administra- transmitting, pursuant to law, the report of 2000, Shuster for Congress. tion, transmitting, pursuant to law, the re- a rule entitled ‘‘Fisheries Off West Coast 2. Helen R. Cain—wife of nominee: $1,000.00, port of a rule entitled ‘‘Fisheries Off West States and in the Western Pacific; Coastal 5/2004, Broyhill for Congress; $2,000.00, 7/2003, Coast States and in the Western Pacific; Pa- Pelagic Species Fisheries; Annual Specifica- Bush/Cheney ’04; 1,000.00, 6/2000, Shuster for cific Coast Groundfish Fishery; Annual Spec- tions; Pacific Sardine Fishery’’ ((RIN0648– Congress. ifications and Management Measures; AS17) (I.D. No. 112404B)) received on July 21, 3. Anne C. Cain—Age 15, N/A; Laura M. Inseason Adjustments’’ (I.D. No. 062705B) re- 2005; to the Committee on Commerce, Cain—Age 12, N/A. ceived on July 21, 2005; to the Committee on Science, and Transportation. 4. E. Lee and Patricia L. Cain—parents of Commerce, Science, and Transportation. nominee: $100.00, 11/2004, Richard Burr—Vic- EC–3213. A communication from the Acting f tory ‘04; $500.00, 92004, N.C. Republican Party; Director, Office of Sustainable Fisheries, Na- REPORTS OF COMMITTEES $10.00, 9/2004, NRCC; $15.00, 8/2004, NRCC; tional Oceanic and Atmospheric Administra- $25.00, 7/2004, NRSC; $15.00, 7/2004, New Repub- tion, transmitting, pursuant to law, the re- The following reports of committees lican Majority Fund; $2,000.00, 7/2004, RNC port of a rule entitled ‘‘Fisheries of the were submitted: Presidential Trust; $25.00, 6/2004, Republican Northeastern United States; Atlantic Mack- By Mr. STEVENS, from the Committee on National Committee; $25.00, 6/2004, NRSC; erel, Squid, and Butterfish Fisheries; Adjust- Commerce, Science, and Transportation, $20.00, 6/2004, ARMPAC; $25.00, 2/2004, NRCC; ment of the Quarter III Quota Allocation for with amendments: $50.00, 2/2004, Republican National Com- Loligo Squid’’ (I.D. No. 062205A) received on S. 1281. A bill to authorize appropriations mittee; $25.00, 2/2004, N.C. Republican Execu- July 21, 2005; to the Committee on Com- for the National Aeronautics and Space Ad- tive Committee; $50.00, 2/2004, Republican Na- merce, Science, and Transportation. ministration for science, aeronautics, explo- tional Committee; $25.00, 12/2003, Republican EC–3214. A communication from the Acting ration, exploration capabilities, and the In- National Committee; $1,000.00, 10/2003, Bush/ Director, Office of Sustainable Fisheries, Na- spector General, and for other purposes, for Cheney ‘04; $250.00, 10/2003, Ed Broyhill for tional Oceanic and Atmospheric Administra- fiscal years 2006, 2007, 2008, 2009, and 2010 Congress; $250.00, 10/2003, Jay Helvey for Con- tion, transmitting, pursuant to law, the re- (Rept. No. 109–108). gress; $1,000.00, 7/2003, Bush/Cheney ‘04; $25.00, port of a rule entitled ‘‘Fisheries of the By Mr. BOND, from the Committee on Ap- 10/2002, Friends of Katherine Harris; $25.00, Northeastern United States; Northeast propriations, with an amendment in the na- 10/2002, Republican Party of Florida; $1,000.00, Multispecies Fishery; 2005 Trip Authoriza- ture of a substitute: 9/2002, Dole for Senate; $15.00, 12/2001, Repub- tion for Closed Area II Yellowtail Flounder H.R. 3058. A bill making appropriations for lican National Committee; $1,000.00, 12/2001, Special Access Program’’ (I.D. No. 030705D) the Departments of Transportation, Treas- Dole for Senate; $50.00, 10/2001, Republican received on July 21, 2005; to the Committee ury, and Housing and Urban Development, National Committee; $25.00, 8/2001, Repub- on Commerce, Science, and Transportation. the Judiciary, District of Columbia, and lican Presidential Task Force; $35.00, 7/2000, EC–3215. A communication from the Acting independent agencies for the fiscal year end- Bush for President; $25.00, 7/2000, Republican Director, Office of Sustainable Fisheries, Na- ing September 30, 2006, and for other pur- National Committee. tional Oceanic and Atmospheric Administra- poses (Rept. No. 109–109). 5. Arthur and Ethel Jones (maternal)—de- tion, transmitting, pursuant to law, the re- ceased; Palmer Dewey and Aretha Cain (pa- port of a rule entitled ‘‘Closure of the Full- f ternal)—deceased. time Tier 2 Permit Category for the Tilefish EXECUTIVE REPORTS OF 6. Charles and Anne (Archibald) Cain: Fishery for Fishing Year 2005’’ (I.D. No. $2,000.00, 11/2003, Bush/Cheney ‘04. 061705B) received on July 21, 2005; to the COMMITTEES Patrick and Sarah (Cross) Cain: none. Committee on Commerce, Science, and The following executive reports of 7. Nominee does not have any sisters: n/a. Transportation. committees were submitted: *Alan W. Eastham, Jr., of Arkansas, to be EC–3216. A communication from the Acting Ambassador to the Republic of Malawi. Director, Office of Sustainable Fisheries, Na- By Mr. LUGAR for the Committee on For- Nominee: Alan W. Eastham Jr. tional Oceanic and Atmospheric Administra- eign Relations. Post: Lilongwe. tion, transmitting, pursuant to law, the re- *Henrietta Holsman Fore, of Nevada, to be The following is a list of all members of port of a rule entitled ‘‘Prohibiting Directed an Under Secretary of State (Management). my immediate family and their spouses. I Fishing for Rock Sole in the Bering Sea and *Josette Sheeran Shiner, of Virginia, to be have asked each of these persons to inform Aleutian Islands Management Area’’ (I.D. an Under Secretary of State (Economic, me of the pertinent contributions made by No. 062705A) received on July 21, 2005; to the Business, and Agricultural Affairs). them. To the best of my knowledge, the in- Committee on Commerce, Science, and *Karen P. Hughes, of Texas, to be Under formation contained in this report is com- Transportation. Secretary of State for Public Diplomacy, plete and accurate. EC–3217. A communication from the Acting with the rank of Ambassador. Contributions, amount, date, and donee: Director, Office of Sustainable Fisheries, Na- *Kristen Silverberg, of Texas, to be an As- 1. Self: none. tional Oceanic and Atmospheric Administra- sistant Secretary of State (International Or- 2. Spouse: Carolyn L. Eastham: none. tion, transmitting, pursuant to law, the re- ganization Affairs). 3. Children and Spouses: Mark A. Eastham: port of a rule entitled ‘‘Fisheries of the *Jendayi Elizabeth Frazer, of Virginia, to none. Northeastern United States; Summer Floun- be an Assistant Secretary of State (African Michael S.G. Eastham: none. der; Summer Flounder Fishery; Commercial Affairs). 4. Parents: Alan W. Eastham—deceased; Summer Flounder Quota Transfer from *Henry Crumpton, of Virginia, to be Coor- Ruth C. Eastham—deceased, 7/2004, none. Rhode Island to Other States’’ (I.D. No. dinator for Counterterrorism, with the rank 5. Grandparents: Thomas W. Eastham—de- 061505C) received on July 21, 2005; to the and status of Ambassador at Large. ceased; Annie J. Eastham—deceased; Dewey Committee on Commerce, Science, and *James Cain, of North Carolina, to be Am- T. Clayton—deceased—; Ruby P. Clayton— Transportation. bassador to Denmark. deceased. EC–3218. A communication from the Fish- Nominee: James Palmer Cain. 6. Brothers and Spouses: Thomas C. ery Policy Analyst, Office of Sustainable Post: U.S. Ambassador to the Kingdom of Eastham—none; Jenny Lea Eastham—none; Fisheries, National Oceanic and Atmospheric Denmark. Craig L. Eastham—none; Dawn Deane—none. Administration, transmitting, pursuant to The following is a list of all members of 7. Sisters and Spouses: none. law, the report of a rule entitled ‘‘Final Rule my immediate family and their spouses. I *Katherine Hubay Peterson, of California, to Implement 2005 Recreational Measures for have asked each of these persons to inform to be Ambassador to Republic of Botswana. the Summer Flounder, Scup, and Black Sea me of the pertinent contributions made by Nominee: Katherine Hubay Peterson. Bass Fisheries’’ (RIN0648–AS21) received on them. To the best of my knowledge, the in- Post: Gaborone, Botswana. July 21, 2005; to the Committee on Com- formation contained in this report is com- The following is a list of all members of merce, Science, and Transportation. plete and accurate. my immediate family and their spouses. I

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.019 S26JYPT1 S8948 CONGRESSIONAL RECORD — SENATE July 26, 2005 have asked each of these persons to inform them. To the best of my knowledge, the in- By Mr. VITTER (for himself, Mr. me of the pertinent contributions made by formation contained in this report is com- COBURN, Mr. INHOFE, Mr. CRAPO, Mr. them. To the best of my knowledge, the in- plete and accurate. THUNE, Mr. LOTT, Mr. BUNNING, Mr. formation contained in this report is com- Contributions, amount, date, and donee: BURNS, and Mr. ENSIGN): plete and accurate. 1. Self: None. S. 1488. A bill to withhold funding from the Contributions, amount, date, and donee: 2. Spouse: Zlatibor Radmilo Milovanovic— United Nations if the United Nations 1. Self: none. none other than IRS form one dollar check abridges the rights provided by the Second 2. Spouse: (Not applicable). off. Amendment to the Constitution, and for 3. Children and Spouses: (Not applicable). 3. Children and Spouses: Alexandra Helene other purposes; to the Committee on Foreign 4. Parents: Paul Hubay (father)—deceased, Milovanovic—none. Relations. 1/93; Ruth Davey Hubay (mother)—none. Anna Michele Milovanovic—none. By Mrs. CLINTON (for herself and Mr. 5. Grandparents: Frederick Norton Davey 4. Parents: Andre Pesche—deceased, none. DEWINE): and Ruth Johnson (both deceased); Joseph Annette Roussel-Pesche—deceased, may S. 1489. A bill to amend the Public Health Hubay and Katherine Melnyk Hubay (both have given something but I don’t have any Service Act with regard to research on asth- deceased). information. ma, and for other purposes; to the Com- 6. Brothers and Spouses: (Not applicable). 5. Grandparents: Mary and Meyer mittee on Health, Education, Labor, and 7. Sisters and Spouses: Davey Hubay (di- Rosenson—deceased, none I know of. Pensions. vorced) $50.00, October 2004, Democratic Na- Germaine and Robert Pesche—deceased, By Mr. SARBANES (for himself, Ms. tional Committee. none. MIKULSKI, Mr. ALLEN, and Mr. WAR- *Michael Retzer, of Mississippi, to be Am- Brothers and Spouses: no brothers. NER): S. 1490. A bill to amend the Federal Water bassador to the United Republic of Tanzania. Sisters and Spouses: no sisters. Pollution Control Act to require environ- Nominee: Michael L. Retzer. By Mr. ROBERTS for the Select Com- mental accountability and reporting and to Post: Ambassador to the Republic of Tan- mittee of Intelligence. zania. reauthorize the Chesapeake Bay Program; to *Janice B. Gardner, of Virginia, to be As- the Committee on Environment and Public The following is a list of all members of sistant Secretary for Intelligence and Anal- my immediate family and their spouses. I Works. ysis, Department of the Treasury. By Mr. SARBANES (for himself, Ms. have asked each of these persons to inform *Benjamin A. Powell, of Florida, to be Gen- MIKULSKI, Mr. WARNER, Mr. ALLEN, me of the pertinent contributions made by eral Counsel of the Office of the Director of and Mr. SANTORUM): them. To the best of my knowledge, the in- National Intelligence. formation contained in this report is com- S. 1491. A bill to amend the Federal Water *John S. Redd, of Georgia, to be Director Pollution Control Act to provide assistance plete and accurate. of the National Counterterrorism Center, Of- Contributions, amount, date, and donee: for nutrient removal technologies to States fice of the Director of National Intelligence. in the Chesapeake Bay watershed; to the 1. Self: $4,000, 4/1/05, Mississippi Republican *Nomination was reported with rec- Party; $25,000, 5/2/05, Republican National Committee on Environment and Public ommendation that it be confirmed subject to Works. Party (RNC); $5,000; 5/21/05, Haley Barbour for the nominee’s commitment to respond to re- Governor; $200, 5/31/05, Trent Lott for Mis- By Mr. SARBANES (for himself, Ms. quests to appear and testify before any duly MIKULSKI, Mr. WARNER, and Mr. sissippi. constituted committee of the Senate. Nominee: Michael L. Retzer. ALLEN): S. 1492. A bill to amend the Elementary Post: Ambassador to the Republic of Tan- f and Secondary Education Act of 1965 to es- zania. INTRODUCTION OF BILLS AND tablish a pilot program to make grants to el- The following is a list of all members of igible institutions to develop, demonstrate, my immediate family and their spouses. I JOINT RESOLUTIONS or disseminate information on practices, have asked each of these persons to inform The following bills and joint resolu- methods, or techniques relating to environ- me of the pertinent contributions made by tions were introduced, read the first mental education and training in the Chesa- them. To the best of my knowledge, the in- and second times by unanimous con- peake Bay Watershed; to the Committee on formation contained in this report is com- sent, and referred as indicated: Health, Education, Labor, and Pensions. plete and accurate. By Mr. SARBANES (for himself, Ms. Donee, date, and amount: By Mr. MCCAIN (for himself, Mr. DOR- MIKULSKI, Mr. WARNER, Mr. ALLEN, 1. Self: $78,310.00: Ashcroft 2000, 08/27/2000, GAN, and Mr. JOHNSON): S. 1480. A bill to establish the treatment of and Mr. SANTORUM): $1,000.00; Responsibility and Freedom Work S. 1493. A bill to require the Secretary of PAC (RFWPAC); 10/11/2002, $1,000.00; 07/14/ actual rental proceeds from leases of land acquired under an Act providing for loans to Agriculture to establish a program to expand 2003, $1,000.00; Trent Lott for Mississippi, 11/ and strengthen cooperative efforts to restore 23/2004, $2,000.00; 11/23/2004, $2,000.00; John Indian tribes and tribal corporations; considered and passed. and protect forests in the Chesapeake Bay Thune for U.S. Senate, 09/30/2004, $2,000.00; watershed, and for other purposes; to the Martinez for Senate, 10/01/2004, $2,000.00; Lisa By Mr. MCCAIN: S. 1481. A bill to amend the Indian Land Committee on Agriculture, Nutrition and Murkowski for U.S. Senate, 10/08/2004, Forestry. $2,000.00; David Vitter for U.S. Senate, 09/30/ Consolidation Act to provide for probate reform; considered and passed. By Mr. SARBANES (for himself, Ms. 2004, $2,000.00; Mississippi Republican Party, MIKULSKI, Mr. WARNER, and Mr. By Mr. MCCAIN (for himself and Mr. 02/02/2000, $1,000.00; 08/09/2000, $210.00; 11/29/ ALLEN): DORGAN): 2000, $850.00; 03/21/2001, $1,000.00; 09/18/2001, S. 1494. A bill to amend the National Oce- S. 1482. A bill to amend the Act of August $4,000.00; 02/24/2003, $1,000.00; 05/16/2003, anic and Atmospheric Administration Au- 9, 1955, to provide for binding arbitration for $2,000.00; 06/06/2003, $1,000.00; 06/18/2004, thorization Act of 1992 to establish programs Gila River Indian Community Reservation $5,000.00; Dunn Lampton for Congress, 03/25/ to enhance protection of the Chesapeake Contracts; considered and passed. 2000, $1,000.00; 03/25/2000, $1,000.00; Committee Bay, and for other purposes; to the Com- By Mr. MCCAIN (for himself and Mr. to Elect Clinton B. Lesueur, 09/28/2001, mittee on Commerce, Science, and Transpor- DORGAN): $250.00; 05/04/2002, $500.00. tation. S. 1483. A bill to amend the Carl D. Perkins 2. Spouse: N/A By Mr. MCCAIN (for himself and Mr. Vocational and Technical Education Act of 3. Children and Spouses: Michael Jr., Bush- COBURN): Cheney ’04 INC, 6/20/2003, $2,000.00. 1998 to modify the definition of ‘‘Indian stu- S. 1495. A bill to prohibit Federal agencies ″ Kathryn, Alexander for Senate, 9/05/2002, dent count ; considered and passed. from obligating funds for appropriations ear- $1,000.00. By Mr. REID (for himself and Mr. DOR- marks included only in congressional re- 4. Parents: Karl & Betty Retzer. GAN): ports, and for other purposes; to the Com- 5. Grandparents: All deceased—Ruth S. 1484. A bill to amend the Fallon Paiute mittee on Homeland Security and Govern- Retzer, 1995; William Retzer, 1960; C.L. Shoshone Indian Tribes Water Rights Settle- mental Affairs. Crider, 1956; Ruth Crider, 1971. ment Act of 1990; considered and passed. By Mr. CRAPO (for himself, Mrs. LIN- 6. Brothers and Spouses: Bill Retzer, Doug By Ms. CANTWELL (for herself and COLN, Mr. LOTT, and Mr. NELSON of OSE for Congress, 5/16/2000, $1,000.00. Mr. DORGAN): Nebraska): Jere Retzer. S. 1485. A bill to amend the Act of August S. 1496. A bill to direct the Secretary of the 7. Sisters and Spouses: none. 9, 1955, to extend the authorization of certain Interior to conduct a pilot program under *Gillian Arlette Milovanovic, of Pennsyl- leases; considered and passed. which up to 15 States may issue electronic vania, to be Ambassador to the Republic of By Mr. SANTORUM: Federal migratory bird hunting stamps; to Macedonia. S. 1486. A bill to extend the suspension of the Committee on Environment and Public Nominee: Gillian Arlette Milovanovic. duty on Baytron M; to the Committee on Fi- Works. Post: Ambassador to Macedonia. nance. By Ms. MURKOWSKI (for herself and The following is a list of all members of By Mr. SANTORUM: Mr. STEVENS): my immediate family and their spouses. I S. 1487. A bill to suspend temporarily the S. 1497. A bill to require the Secretary of have asked each of these persons to inform duty on Sorafenib; to the Committee on Fi- the Interior to provide incidental take per- me of the pertinent contributions made by nance. mits to public electric utilities that adopt

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.118 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8949 avian protection plans; to the Committee on the case of Jones v. Salt River Pima-Mari- OBAMA) was added as a cosponsor of S. Environment and Public Works. copa Indian Community, et al; considered 516, a bill to advance and strengthen By Mr. ALLARD (for himself and Mr. and agreed to. democracy globally through peaceful SALAZAR): By Ms. LANDRIEU: means and to assist foreign countries S. 1498. A bill to direct the Secretary of the S. Con. Res. 47. A concurrent resolution Interior to convey certain water distribution paying tribute to the Africa-America Insti- to implement democratic forms of gov- facilities to the Northern Colorado Water tute for its more than 50 years of dedicated ernment, to strengthen respect for in- Conservancy District; to the Committee on service, nurturing and unleashing the pro- dividual freedom, religious freedom, Energy and Natural Resources. ductive capacities of knowledgeable, capable, and human rights in foreign countries By Mr. BUNNING (for himself and Mr. and effective African leaders through edu- through increased United States advo- MCCONNELL): cation; to the Committee on Foreign Rela- cacy, to strengthen alliances of demo- tions. S. 1499. A bill to amend the Federal Power cratic countries, to increase funding Act to provide for competitive and reliable f for programs of nongovernmental orga- electricity transmission in the Common- wealth of Kentucky; to the Committee on ADDITIONAL COSPONSORS nizations, individuals, and private Energy and Natural Resources. S. 211 groups that promote democracy, and By Ms. LANDRIEU: At the request of Mrs. CLINTON, the for other purposes. S. 1500. A bill to authorize the National In- name of the Senator from Massachu- S. 619 stitute of Environmental Health Sciences to setts (Mr. KENNEDY) was added as a co- At the request of Mrs. FEINSTEIN, the develop multidisciplinary research centers name of the Senator from Alaska (Ms. regarding women’s health and disease pre- sponsor of S. 211, a bill to facilitate na- MURKOWSKI) was added as a cosponsor vention and to conduct and coordinate a re- tionwide availability of 2-1-1 telephone search program on hormone disruption, and service for information and referral on of S. 619, a bill to amend title II of the for other purposes; to the Committee on human services, volunteer services, and Social Security Act to repeal the Gov- Health, Education, Labor, and Pensions. for other purposes. ernment pension offset and windfall By Mr. BURNS: S. 258 elimination provisions. S. 1501. A bill to develop a program to ac- At the request of Mr. DEWINE, the S. 627 quire interests in land from eligible individ- name of the Senator from Rhode Island At the request of Mr. HATCH, the uals within the Crow Reservation in the names of the Senator from Texas (Mrs. State of Montana, and for other purposes; to (Mr. CHAFEE) was added as a cosponsor the Committee on Indian Affairs. of S. 258, a bill to amend the Public HUTCHISON), the Senator from Georgia By Mr. CORZINE: Health Service Act to enhance re- (Mr. ISAKSON), the Senator from Illi- S. 1502. A bill to clarify the applicability of search, training, and health informa- nois (Mr. OBAMA) and the Senator from State law to national banks and Federal sav- tion dissemination with respect to uro- Maine (Ms. COLLINS) were added as co- ings associations, and for other purposes; to logic diseases, and for other purposes. sponsors of S. 627, a bill to amend the the Committee on Banking, Housing, and S. 385 Internal Revenue Code of 1986 to per- Urban Affairs. At the request of Mr. GRASSLEY, the manently extend the research credit, By Mr. FRIST (for himself, Mr. MCCON- to increase the rates of the alternative NELL, Mr. GREGG, Mr. ENZI, Ms. MUR- name of the Senator from Wyoming incremental credit, and to provide an KOWSKI, and Mr. DEMINT): (Mr. ENZI) was added as a cosponsor of S. 1503. A bill to reduce healthcare costs, S. 385, a bill to amend the Food Secu- alternative simplified credit for quali- expand access to affordable healthcare cov- rity Act of 1985 to restore integrity to fied research expenses. erage, and improve healthcare and strength- and strengthen payment limitation S. 749 en the healthcare safety net, and for other rules for commodity payments and At the request of Mr. LEVIN, the purposes; to the Committee on Finance. benefits. name of the Senator from Iowa (Mr. By Mr. SPECTER (for himself, Mr. S. 392 HARKIN) was added as a cosponsor of S. CORZINE, Mr. LAUTENBERG, Mr. SCHU- 749, a bill to amend the Office of Fed- MER, and Ms. SNOWE): At the request of Mr. LEVIN, the S.J. Res. 21. A joint resolution recognizing names of the Senator from Arkansas eral Procurement Policy Act to estab- Commodore John Barry as the first flag offi- (Mrs. LINCOLN), the Senator from Wis- lish a governmentwide policy requiring cer of the United States Navy; to the Com- consin (Mr. KOHL), the Senator from competition in certain executive agen- mittee on Armed Services. Connecticut (Mr. DODD), the Senator cy procurements, and for other pur- f from Minnesota (Mr. DAYTON) and the poses. Senator from Rhode Island (Mr. S. 769 SUBMISSION OF CONCURRENT AND CHAFEE) were added as cosponsors of S. At the request of Ms. SNOWE, the SENATE RESOLUTIONS 392, a bill to authorize the President to name of the Senator from Missouri The following concurrent resolutions award a gold medal on behalf of Con- (Mr. TALENT) was added as a cosponsor and Senate resolutions were read, and gress, collectively, to the Tuskegee of S. 769, a bill to enhance compliance referred (or acted upon), as indicated: Airmen in recognition of their unique assistance for small businesses. By Ms. LANDRIEU: military record, which inspired revolu- S. 781 S. Res. 211. A resolution designating Au- tionary reform in the Armed Forces. At the request of Mr. CRAPO, the gust 19, 2005, as ‘‘National Dyspraxia Aware- S. 397 names of the Senator from Montana ness Day’’ and expressing the sense of the At the request of Mr. CRAIG, the (Mr. BURNS) and the Senator from Senate that all Americans should be more name of the Senator from West Vir- Georgia (Mr. ISAKSON) were added as informed of dyspraxia; to the Committee on the Judiciary. ginia (Mr. ROCKEFELLER) was added as cosponsors of S. 781, a bill to preserve By Mr. BROWNBACK: a cosponsor of S. 397, a bill to prohibit the use and access of pack and saddle S. Res. 212. A resolution expressing the civil liability actions from being stock animals on land administered by sense of the Senate that the Federal Trade brought or continued against manufac- the National Park Service, the Bureau Commission should investigate the publica- turers, distributors, dealers, or import- of Land Management, the United tion of the video game ‘‘Grand Theft Auto: ers of firearms or ammunition for dam- States Fish and Wildlife Service, or the San Andreas’’ to determine if the publisher ages, injunctive or other relief result- Forest Service on which there is a his- deceived the Entertainment Software Rat- ing from the misuse of their products torical tradition of the use of pack and ings Board to avoid an ‘‘Adults Only’’ rating; to the Committee on Commerce, Science, by others. saddle stock animals, and for other and Transportation. S. 485 purposes. By Mr. FRIST (for himself and Mr. At the request of Mr. CRAIG, the S. 859 REID): name of the Senator from Wyoming At the request of Mr. SANTORUM, the S. Res. 213. A resolution to authorize rep- (Mr. ENZI) was added as a cosponsor of name of the Senator from New Jersey resentation by the Senate Legal Counsel in S. 485, a bill to reauthorize and amend (Mr. LAUTENBERG) was added as a co- the case of Keyter v. McCain, et al; consid- the National Geologic Mapping Act of sponsor of S. 859, a bill to amend the ered and agreed to. By Mr. FRIST (for himself and Mr. 1992. Internal Revenue Code of 1986 to allow REID): S. 516 an income tax credit for the provision S. Res. 214. A resolution to authorize rep- At the request of Mr. LIEBERMAN, the of homeownership and community de- resentation by the Senate Legal Counsel in name of the Senator from Illinois (Mr. velopment, and for other purposes.

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.021 S26JYPT1 S8950 CONGRESSIONAL RECORD — SENATE July 26, 2005 S. 969 study in engineering, mathematics, and accountability in Sudan, and for At the request of Mr. OBAMA, the science, or foreign languages. other purposes. names of the Senator from Indiana S. 1289 S. CON. RES. 44 (Mr. BAYH), the Senator from Hawaii At the request of Ms. MIKULSKI, the At the request of Mrs. CLINTON, the (Mr. INOUYE) and the Senator from In- name of the Senator from Wisconsin name of the Senator from New Jersey diana (Mr. LUGAR) were added as co- (Mr. FEINGOLD) was added as a cospon- (Mr. CORZINE) was added as a cosponsor sponsors of S. 969, a bill to amend the sor of S. 1289, a bill to provide for re- of S. Con. Res. 44, a concurrent resolu- Public Health Service Act with respect search and education with respect to tion permitting the use of the rotunda to preparation for an influenza pan- uterine fibroids, and for other pur- of the Capitol for a ceremony to honor demic, including an avian influenza poses. Constantino Brumidi on the 200th anni- pandemic, and for other purposes. S. 1343 versary of his birth. S. 1035 At the request of Ms. LANDRIEU, the S. RES. 177 At the request of Mr. INHOFE, the name of the Senator from Georgia (Mr. At the request of Mr. KENNEDY, the name of the Senator from Georgia (Mr. ISAKSON) was added as a cosponsor of S. name of the Senator from Massachu- ISAKSON) was added as a cosponsor of S. 1343, a bill to support the establish- setts (Mr. KERRY) was added as a co- 1035, a bill to authorize the presen- ment or expansion and operation of sponsor of S. Res. 177, a resolution en- tation of commemorative medals on programs using a network of public and couraging the protection of the rights behalf of Congress to Native Americans private community entities to provide of refugees. who served as Code Talkers during for- mentoring for children in foster care. S. RES. 182 eign conflicts in which the United S. 1355 At the request of Mr. COLEMAN, the States was involved during the 20th At the request of Mr. ENZI, the name name of the Senator from Utah (Mr. century in recognition of the service of of the Senator from Delaware (Mr. HATCH) was added as a cosponsor of S. those Native Americans to the United CARPER) was added as a cosponsor of S. Res. 182, a resolution supporting efforts States. 1355, a bill to enhance the adoption of to increase childhood cancer aware- S. 1064 health information technology and to ness, treatment, and research. At the request of Mr. COCHRAN, the improve the quality and reduce the S. RES. 184 name of the Senator from Missouri costs of healthcare in the United At the request of Mr. SANTORUM, the (Mr. TALENT) was added as a cosponsor States. name of the Senator from Oklahoma (Mr. COBURN) was added as a cosponsor of S. 1064, a bill to amend the Public S. 1367 of S. Res. 184, a resolution expressing Health Service Act to improve stroke At the request of Mr. ALEXANDER, the the sense of the Senate regarding prevention, diagnosis, treatment, and name of the Senator from Missouri manifestations of anti-Semitism by rehabilitation. (Mr. TALENT) was added as a cosponsor United Nations member states and urg- S. 1126 of S. 1367, a bill to provide for recruit- ing action against anti-Semitism by At the request of Mr. SCHUMER, the ing, selecting, training, and supporting United Nations officials, United Na- name of the Senator from Louisiana a national teacher corps in underserved tions member states, and the Govern- (Ms. LANDRIEU) was added as a cospon- communities. ment of the United States, and for sor of S. 1126, a bill to provide that no At the request of Mr. REID, the name other purposes. Federal funds may be expended for the of the Senator from Louisiana (Ms. AMENDMENT NO. 1348 payment or reimbursement of a drug LANDRIEU) was added as a cosponsor of that is prescribed to a sex offender for S. 1367, supra. At the request of Mrs. MURRAY, the names of the Senator from Washington the treatment of sexual or erectile dys- S. 1411 (Ms. CANTWELL) and the Senator from function. At the request of Ms. SNOWE, the Louisiana (Ms. LANDRIEU) were added S. 1129 name of the Senator from Nevada (Mr. as cosponsors of amendment No. 1348 At the request of Mr. LUGAR, the ENSIGN) was added as a cosponsor of S. proposed to S. 1042, an original bill to name of the Senator from Georgia (Mr. 1411, a bill to direct the Administrator authorize appropriations for fiscal year ISAKSON) was added as a cosponsor of S. of the Small Business Administration 2006 for military activities of the De- 1129, a bill to provide authorizations of to establish a pilot program to provide partment of Defense, for military con- appropriations for certain development regulatory compliance assistance to struction, and for defense activities of banks, and for other purposes. small business concerns, and for other the Department of Energy, to prescribe S. 1171 purposes. personnel strengths for such fiscal year At the request of Mr. SPECTER, the S. 1418 for the Armed Forces, and for other name of the Senator from Kentucky At the request of Mr. ENZI, the names purposes. (Mr. BUNNING) was added as a cosponsor of the Senator from Delaware (Mr. AMENDMENT NO. 1349 of S. 1171, a bill to halt Saudi support CARPER) and the Senator from Illinois At the request of Mrs. MURRAY, the for institutions that fund, train, incite, (Mr. DURBIN) were added as cosponsors name of the Senator from Louisiana encourage, or in any other way aid and of S. 1418, a bill to enhance the adop- (Ms. LANDRIEU) was added as a cospon- abet terrorism, and to secure full Saudi tion of a nationwide inter operable sor of amendment No. 1349 proposed to cooperation in the investigation of ter- health information technology system S. 1042, an original bill to authorize ap- rorist incidents, and for other pur- and to improve the quality and reduce propriations for fiscal year 2006 for poses. the costs of health care in the United military activities of the Department S. 1172 States. of Defense, for military construction, At the request of Mr. SPECTER, the S. 1419 and for defense activities of the De- name of the Senator from Maryland At the request of Mr. LUGAR, the partment of Energy, to prescribe per- (Ms. MIKULSKI) was added as a cospon- name of the Senator from Massachu- sonnel strengths for such fiscal year sor of S. 1172, a bill to provide for pro- setts (Mr. KERRY) was added as a co- for the Armed Forces, and for other grams to increase the awareness and sponsor of S. 1419, a bill to maintain purposes. knowledge of women and health care the free flow of information to the pub- AMENDMENT NO. 1401 providers with respect to gynecologic lic by providing conditions for the fed- At the request of Mr. KENNEDY, the cancers. erally compelled disclosure of informa- names of the Senator from Maine (Ms. S. 1183 tion by certain persons connected with SNOWE), the Senator from Rhode Island At the request of Mr. WARNER, the the news media. (Mr. REED), the Senator from Alabama name of the Senator from Nevada (Mr. S. 1462 (Mr. SESSIONS), the Senator from New ENSIGN) was added as a cosponsor of S. At the request of Mr. BROWNBACK, the Mexico (Mr. BINGAMAN), the Senator 1183, a bill to provide additional assist- name of the Senator from North Caro- from Tennessee (Mr. ALEXANDER) and ance to recipients of Federal Pell lina (Mr. BURR) was added as a cospon- the Senator from Maryland (Mr. SAR- Grants who are pursuing programs of sor of S. 1462, a bill to promote peace BANES) were added as cosponsors of

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.022 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8951 amendment No. 1401 intended to be pro- original bill to authorize appropria- 1965 to establish a pilot program to posed to S. 1042, an original bill to au- tions for fiscal year 2006 for military make grants to eligible institutions to thorize appropriations for fiscal year activities of the Department of De- develop, demonstrate, or disseminate 2006 for military activities of the De- fense, for military construction, and information on practices, methods, or partment of Defense, for military con- for defense activities of the Depart- techniques relating to environmental struction, and for defense activities of ment of Energy, to prescribe personnel education and training in the Chesa- the Department of Energy, to prescribe strengths for such fiscal year for the peake Bay Watershed; to the Com- personnel strengths for such fiscal year Armed Forces, and for other purposes. mittee on Health, Education, Labor, for the Armed Forces, and for other AMENDMENT NO. 1477 and Pensions. purposes. At the request of Mr. COLEMAN, his AMENDMENT NO. 1410 name was added as a cosponsor of By Mr. SARBANES (for himself, At the request of Mrs. FEINSTEIN, the amendment No. 1477 proposed to S. Ms. MIKULSKI, Mr. WARNER, Mr. names of the Senator from Rhode Is- 1042, an original bill to authorize ap- ALLEN, and Mr. SANTORUM): land (Mr. CHAFEE) and the Senator propriations for fiscal year 2006 for S. 1493. A bill to require the Sec- from Wisconsin (Mr. FEINGOLD) were military activities of the Department retary of Agriculture to establish a added as cosponsors of amendment No. of Defense, for military construction, program to expand and strengthen co- 1410 intended to be proposed to S. 1042, and for defense activities of the De- operative efforts to restore and protect an original bill to authorize appropria- partment of Energy, to prescribe per- forests in the Chesapeake Bay water- tions for fiscal year 2006 for military sonnel strengths for such fiscal year shed, and for other purposes; to the activities of the Department of De- for the Armed Forces, and for other Committee on Agriculture, Nutrition, fense, for military construction, and purposes. and Forestry. for defense activities of the Depart- AMENDMENT NO. 1529 By Mr. SARBANES (for himself, ment of Energy, to prescribe personnel At the request of Mr. VOINOVICH, the Ms. MIKULSKI, Mr. WARNER, and strengths for such fiscal year for the name of the Senator from Ohio (Mr. Mr. ALLEN): Armed Forces, and for other purposes. DEWINE) was added as a cosponsor of S. 1494. A bill to amend the National AMENDMENT NO. 1435 amendment No. 1529 intended to be pro- Oceanic and Atmospheric Administra- At the request of Ms. STABENOW, the posed to S. 1042, an original bill to au- tion Authorization Act of 1992 to estab- names of the Senator from Montana thorize appropriations for fiscal year lish programs to enhance protection of (Mr. BAUCUS), the Senator from Lou- 2006 for military activities of the De- the Chesapeake Bay, and for other pur- isiana (Ms. LANDRIEU) and the Senator partment of Defense, for military con- poses; to the Committee on Commerce, from Vermont (Mr. JEFFORDS) were struction, and for defense activities of Science, and Transportation. added as cosponsors of amendment No. the Department of Energy, to prescribe Mr. SARBANES. Mr. President, 1435 proposed to S. 1042, an original bill personnel strengths for such fiscal year today I am introducing a package of to authorize appropriations for fiscal for the Armed Forces, and for other five measures to sustain and indeed year 2006 for military activities of the purposes. renew the Federal commitment to re- Department of Defense, for military AMENDMENT NO. 1557 storing the water quality and living reconstruction, and for defense activities At the request of Mr. MCCAIN, the sources of the Chesapeake Bay water- of the Department of Energy, to pre- name of the Senator from Nebraska shed. Joining me in sponsoring one or scribe personnel strengths for such fis- (Mr. HAGEL) was added as a cosponsor more of these measures are my col- cal year for the Armed Forces, and for of amendment No. 1557 proposed to S. leagues from Virginia, Pennsylvania, other purposes. 1042, an original bill to authorize ap- and Maryland, Senators WARNER, AMENDMENT NO. 1437 propriations for fiscal year 2006 for ALLEN, MIKULSKI, and SANTORUM. At the request of Mr. MCCAIN, the military activities of the Department In his 1984 State of the Union mes- names of the Senator from Virginia of Defense, for military construction, sage, President Ronald Reagan called (Mr. WARNER) and the Senator from and for defense activities of the De- the Chesapeake Bay a ‘‘special national South Carolina (Mr. GRAHAM) were partment of Energy, to prescribe per- resource’’ and pledged $10 million a added as cosponsors of amendment No. sonnel strengths for such fiscal year year for 4 years to ‘‘begin the long, 1437 intended to be proposed to S. 1042, for the Armed Forces, and for other necessary effort to clean up’’ the Bay. an original bill to authorize appropria- purposes. Today, despite more than 2 decades of tions for fiscal year 2006 for military f effort and the investment of hundreds activities of the Department of De- STATEMENTS ON INTRODUCED of millions of dollars on the part of fense, for military construction, and BILLS AND JOINT RESOLUTIONS Federal, State, and local governments for defense activities of the Depart- and the private sector, the goal of a ment of Energy, to prescribe personnel By Mr. SARBANES (for himself, clean, restored Bay appears elusive. strengths for such fiscal year for the Ms. MIKULSKI, Mr. ALLEN, and For the past 3 years, the Chesapeake Armed Forces, and for other purposes. MR. WARNER): Bay Foundation has given the Chesa- S. 1490. A bill to amend the Federal AMENDMENT NO. 1444 peake Bay a failing grade of 27 out of At the request of Mrs. CLINTON, the Water Pollution Control Act to require 100 on its annual report card—far short name of the Senator from Maryland environmental—accountability and re- of the ‘‘70’’ level believed necessary for (Mr. SARBANES) was added as a cospon- porting and to reauthorize the Chesa- the Bay to be declared ‘‘saved.’’ The sor of amendment No. 1444 intended to peake Bay Program; to the Committee continued flood of sediments and nutri- be proposed to S. 1042, an original bill on Environment and Public Works. ent pollution from sewage treatment to authorize appropriations for fiscal By Mr. SARBANES (for himself, plants, farms, urban runoff, and air year 2006 for military activities of the Ms. MIKULSKI, Mr. WARNER, Mr. deposition, combined with continued Department of Defense, for military ALLEN, and Mr. SANTORUM): rapid growth in population and devel- construction, and for defense activities S. 1491. A bill to amend the Federal opment in the watershed, is offsetting of the Department of Energy, to pre- Water Pollution Control Act to provide the progress that has been made to scribe personnel strengths for such fis- assistance for nutrient removal tech- date in restoring the Bay. The Bay re- cal year for the Armed Forces, and for nologies to States in the Chesapeake mains an ‘‘impaired water body’’ under other purposes. Bay watershed; to the Committee on the Clean Water Act, and Chesapeake AMENDMENT NO. 1453 Environment and Public Works. Bay Program scientists are forecasting At the request of Mr. OBAMA, the another summer of very low oxygen names of the Senator from Indiana By Mr. SARBANES (for himself, levels in the deep waters of the Bay, (Mr. BAYH) and the Senator from Con- Ms. MIKULSKI, Mr. WARNER, and further stressing oysters, crabs, and necticut (Mr. LIEBERMAN) were added Mr. ALLEN): other living resources. As author and as cosponsors of amendment No. 1453 S. 1492. A bill to amend the Elemen- naturalist Tom Horton points out in a intended to be proposed to S. 1042, an tary and Secondary Education Act of recent National Geographic article,

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.024 S26JYPT1 S8952 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘No one had illusions that the work of support and coordination for Federal, the Bay of life-sustaining oxygen. Re- the Chesapeake Bay Program, a mas- State, and local efforts in developing cent modeling of EPA’s Bay Program sive Federal-State restoration effort, strategies and action plans, conducting has found that total nutrient dis- begun in 1983 and unmatched anywhere system-wide monitoring and assess- charges must be reduced by more than in the world, would be quick or easy. ment, implementing projects to restore 40 percent from current levels to re- But no one anticipated that 22 years and protect the Bay and its living restore the Chesapeake Bay and its later we would still be struggling.’’ sources, and communicating with the major tributaries to health. To do so, If the Bay is to be restored, we must public about the Bay and efforts to re- nitrogen discharges from all sources redouble our efforts. Nitrogen pollution store and protect it. must be reduced drastically below cur- from all sources will have to be sub- Last year, Senator MIKULSKI, Sen- rent levels. Annual nitrogen discharges stantially reduced, thousands of acres ator WARNER, and I asked the Govern- into the Bay will need to be cut by at of watershed property must be pre- ment Accountability Office to conduct least 100 million pounds from the cur- served, significant efforts must be a review of the Bay Program that rent 275 million pounds to less than 175 made to restore living resources, and would assess the overall restoration million pounds. Municipal wastewater buffer zones to protect rivers and progress reported for the Bay; deter- treatment plants, in particular, will streams need to be created. Likewise, mine how progress is measured in the have to reduce nitrogen discharges by assistance to community organiza- Bay watershed; and evaluate the effec- nearly 75 percent. tions, local governments, and edu- tiveness of Chesapeake Bay Program In December 2004, the Chesapeake cational institutions at all levels must efforts to ensure that proper measures Bay Commission issued a report enti- be expanded dramatically to help fos- are being used. That study is nearing tled ‘‘Cost-Effective Strategies for the ter local stewardship and entice more completion. Its preliminary findings Bay’’; of the six most cost-effective of the 16 million residents who live in recommend a number of improvements strategies listed in that report, upgrad- the watershed to play active roles in to the Program, which we have incor- ing wastewater treatment plants is the efforts to restore the Bay. porated in this measure. The Chesa- Number One. There are more than 300 The five measures that we are intro- peake 2000 Agreement provides goals significant municipal wastewater ducing are an important part of, but by for the Bay, but the GAO found that treatment plants in the Chesapeake no means the entire, solution for ad- EPA has not developed a plan to Bay watershed. These plants con- dressing the Bay’s problems. Earlier in achieve these goals. Bay restoration tribute almost 60 million pounds of ni- this Congress, Members from the Bay- has also been hampered by a lack of in- trogen per year—one-fifth—of the total area States, from both parties, joined terim goals and time frames against load of nitrogen to the Bay. Upgrading with me in a letter to President Bush, which progress can be assessed. The these plants with nutrient removal urging him to make restoration of legislation we are introducing today technologies to achieve nitrogen levels Chesapeake Bay a top environmental requires the EPA Administrator to de- of 3 mg/liter would remove as much as priority and to commit $1 billion in his velop an implementation plan for 30 million pounds of nitrogen in the budget as a down-payment towards re- reaching the goals of the Chesapeake Bay each year, or 30 percent of the storing the Bay’s water quality. We 2000 Agreement, including a timeline total nitrogen reductions needed. Nu- called upon the Secretary of Agri- with specific annual goals for nutrient trient removal technologies have other culture to release $100 million provided and sediment reduction, associated benefits, as well. They provide signifi- under the 2002 Farm Bill for farmers to costs, and measures for assessing cant savings in energy usage, 20–30 per- test new, innovative techniques for re- progress, and to prepare an annual recent, in chemical usage, more than 50 ducing agricultural nutrient pollution port for Congress that describes the ac- percent, and in the amount of sludge in the Chesapeake Bay watershed. complishments of the previous year produced, 5–15 percent. Furthermore, Under Senator WARNER’s leadership, we and the reductions likely to occur in the benefits from upgrading sewage succeeded in getting a provision in the the future. The legislation also directs treatment plants have an immediate Senate-passed SAFETEA legislation, the Administrator to publish and wide- result on the Bay’s water quality, un- which would provide more than $70 mil- ly circulate annual ‘‘tributary report like other methods that primarily af- lion for the Bay area States and local cards’’ that describe the progress made fect nutrients in ground water and may governments to mitigate the impacts in achieving the nutrient and sediment take years to produce results. This leg- of storm-water runoff from highways reduction goals for each major tribu- islation would provide grants for 55 and related impervious surfaces. We tary or tributary segment in the Bay percent of the capital cost of upgrading have fought to prevent a significant watershed. These ‘‘report cards’’ will the plants with state-of-the-art nutri- cut in funding for the Clean Water provide the public with a clear and ac- ent removal technologies capable of State Revolving Fund. And we have curate picture of the progress toward achieving nitrogen levels of 3 mg/liter. continued to press the Administrator restoring the Bay, which is currently Any publicly owned wastewater treat- of the Environmental Protection Agen- lacking. In addition, the Director of ment plant which has a permitted de- cy to ensure that the Clean Water Act the Office of Management and Budget sign capacity to treat an annual aver- is fully enforced. All these are critical is to submit an annual report on Chesa- age of 0.5 million gallons per day with- components of a more comprehensive peake Bay Program funding. in the Chesapeake Bay watershed por- effort on the part of the Federal, State The second measure, the Chesapeake tion of New York, Pennsylvania, Mary- and local governments and the private Bay Watershed Nutrient Removal As- land, West Virginia, Delaware, Vir- sector that will be needed over the sistance Act, would establish a grants ginia, and the District of Columbia course of the next few years to restore program in the Environmental Protec- would be eligible to receive these the health of the Chesapeake Bay. tion Agency to support the installation grants. As a signatory to the Chesa- The first measure, the Chesapeake of nutrient reduction technologies at peake Bay Agreement, the EPA has an Bay Program Reauthorization and En- major wastewater treatment facilities important responsibility to assist the vironmental Accountability Act of in the Chesapeake Bay watershed. I states with financing these water infra- 2005, would reauthorize and enhance first introduced this measure during structure needs. EPA’s Chesapeake Bay Program and the 107th Congress, and provisions of The third measure, the Chesapeake would increase the program’s account- the legislation were included as part of Bay Environmental Education Pilot ability for improving the health of the S. 1961, the Water Investment Act of Program Act, would establish a new Bay. The Chesapeake Bay Program, 2002, reported favorably by the Senate environmental education program in which has guided the clean-up effort Environment and Public Works Com- the U.S. Department of Education for for the past two decades, expires this mittee. Unfortunately, no further ac- elementary and secondary school stu- year and must be reauthorized. Origi- tion was taken on that legislation. dents and teachers within the Chesa- nally authorized in the Water Quality Despite important water quality im- peake Bay watershed. There is a grow- Act of 1987 and reauthorized in the Es- provements over the past decade, the ing consensus that a major commit- tuaries and Clean Water Act of 2000, overabundance of the nutrients nitro- ment to education to promoting an the Chesapeake Bay Program provides gen and phosphorus continues to rob ethic of responsible stewardship and

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.023 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8953 citizenship among the 16 million people likely to be economically viable in the merce, Justice, State Appropriations who live in the watershed is necessary future, and is losing its capacity to bill; it establishes an aquaculture edu- if all of the other efforts to save the protect watershed health and other ec- cation program to assist with oyster Bay are to succeed. Expanding environ- ological benefits, such as controlling and blue crab hatchery production; and mental education and training oppor- stormwater runoff, erosion and air polit codifies the ongoing oyster restora- tunities will lead not only to a lution. Restoring and conserving for- tion program and authorizes a new res- healthier Chesapeake Bay ecosystem ests is essential to sustaining the Bay toration program for submerged aquat- but also to a more educated and in- ecosystem. ic vegetation. formed citizenry, with a deeper under- Since 1990, the USDA Forest Service To better coordinate and organize standing of and appreciation for the en- has been an important part of the the substantial amounts of weather, vironment, their community, and their Chesapeake Bay Program. The Service tide, habitat, water-quality and other role in society as responsible citizens. has worked closely with Federal, State, data collected and compiled by Fed- One of the principal commitments of and local partners in the six-state eral, State, and local government agen- the Chesapeake 2000 Agreement is to Chesapeake Bay region to demonstrate cies and academic institutions and to ‘‘provide a meaningful Bay or stream how forest protection, restoration, and make this information more useful to outdoor experience for every school stewardship activities can contribute resource managers, scientists, and the student in the watershed before grad- to achieving the Bay restoration goals. public, this bill also establishes an in- uation from high school’’ beginning With the signing of the Chesapeake tegrated observing system for the with the class of 2005. There are more 2000 Agreement, the role of the USDA Chesapeake Bay. This system will build than 3.3 million K–12 students in the Forest Service has become more impor- on and coordinate existing monitoring watershed, and despite important ef- tant than ever. Among other provi- and observing activities in the Bay and forts by Bay area states and not-for- sions, this Agreement requires the sig- its watershed, and will include develop- profit organizations, only a very small natories to conserve existing forests ment of an internet-based system for percentage of these students have had along all streams and shoreline; to pro- integrating and disseminating the vast the opportunity to engage in meaning- mote the expansion and connection of amounts of information available. ful outdoor experiences or receive contiguous forests; to assess the Bay’s classroom environmental instruction. forest lands; and to provide technical These measures would provide an im- Many of the school systems in the Bay and financial assistance to local gov- portant boost to our efforts to restore watershed are only at the beginning ernments to plan for or revise plans, the Chesapeake Bay. They are strongly stages in developing and implementing ordinances, and subdivision regulations supported by the Chesapeake Bay Com- environmental education into their to provide for the conservation and mission and the Chesapeake Bay Foun- curriculum, let alone exposing students sustainable use of the forest and agri- dation. I ask unanimous consent that to outdoor watershed experiences. cultural lands. the text of the bills and supporting let- What’s lacking is not the desire or will, This legislation codifies the role and ters be printed in the RECORD. I urge but the resources and training to un- responsibilities of the USDA Forest my colleagues to join with us in sup- dertake more comprehensive environ- Service to the Bay restoration effort. porting the measures and continue the mental education programs. It requires an evaluation of the urban momentum contributing to the im- This legislation would authorize $6 and rural forests in the watershed. It provement and enhancement of our Na- million a year over the next four years strengthens existing coordination, tion’s most valuable and treasured nat- in Federal grant assistance to help technical assistance, forest resource ural resource. close the resource and training gap for assessment, and planning efforts for There being no objection, the mate- students in the elementary and sec- urban, suburban and rural areas of the rial was ordered to be printed in the ondary levels in the Chesapeake Bay Chesapeake Bay watershed. It author- RECORD, as follows: watershed. It would require a 50 per- izes a small grants program to support S. 1490 cent non-Federal match, thus local agencies, watershed associations, leveraging $12 million in assistance. and citizen groups in conducting on- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in The funding could be used to help de- the-ground conservation projects. It es- Congress assembled, sign, demonstrate or disseminate envi- tablishes a regional applied forestry re- ronmental curricula and field prac- search and training program to en- SECTION 1. SHORT TITLE. tices, train teachers or other edu- hance urban, suburban and rural for- This Act may be cited as the ‘‘Chesapeake cational personnel, and support on-the- ests in the watershed. Finally it au- Bay Program Reauthorization and Environ- ground activities or Chesapeake Bay or thorizes $3.5 million for each of fiscal mental Accountability Act of 2005’’. stream outdoor educational experi- years 2004 through 2010, a modest in- SEC. 2. CHESAPEAKE BAY ENVIRONMENTAL AC- COUNTABILITY AND REPORTING RE- ences involving students and teachers, crease in view of the six-State, 64,000- QUIREMENTS. among other things. The program square-mile watershed. The fifth measure, the NOAA Chesa- Section 117 of the Federal Water Pollution would complement the NOAA Bay Wa- Control Act (33 U.S.C. 1267) is amended— tershed Education and Training Pro- peake Bay Watershed Monitoring, Edu- (1) by redesignating subsection (j) as sub- gram that we established several years cation, Training, and Restoration Act, section (l); ago. would enhance the authorities of the (2) in subsection (e)(7), by inserting ‘‘by the The fourth measure, the Chesapeake Chesapeake Bay Office of the National Federal Government or a State government’’ Bay Watershed Forestry Act, would Oceanic and Atmospheric Administra- after ‘‘funded’’ each place it appears; and continue and enhance the USDA Forest tion, NOAA, to address the goals and (3) by inserting after subsection (i) the fol- Service’s role in the restoration of the commitments of the Chesapeake 2000 lowing: Chesapeake Bay watershed. Forest loss Agreement with regard to living-re- ‘‘(j) ENVIRONMENTAL ACCOUNTABILITY.— and fragmentation are occurring rap- source restoration and education and ‘‘(1) IMPLEMENTATION PLAN.— idly in the Chesapeake Bay region and training. It builds upon provisions con- ‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of this para- are among the most important issues tained in the Hydrographic Services graph, the Administrator shall complete a facing the Bay and forest management Improvement Act Amendments of 2002, plan for achieving the nutrient and sediment today. According to the National Re- and addresses several urgent and reduction goals described in the agreement sources Inventory, the States closest unmet needs in the watershed. To help entered into by the Chesapeake Executive to the Bay lost 350,000 acres of forest meet Bay-wide living resource edu- Council entitled ‘Chesapeake 2000’ and dated between 1987 and 1997—almost 100 acres cation and training goals, it codifies June 28, 2000. per day. More and more rural areas are the Bay Watershed Education and ‘‘(B) INCLUSIONS.—The plan shall include— being converted to suburban develop- Training, or B-WET, Program—the ‘‘(i) a timeline identifying— ‘‘(I) annual goals for achieving the overall ments, resulting in smaller contiguous first federally funded environmental nutrient and sediment reduction goals; and forest tracts. These trends are leading education program focused solely on ‘‘(II) the estimated annual costs of reach- to a regional forest land base that is the Chesapeake Bay watershed—that ing the annual goals identified under sub- more vulnerable to conversion, is less we initiated in the Fiscal 2002 Com- clause (I);

VerDate Aug 04 2004 04:52 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.025 S26JYPT1 S8954 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘(ii) a description of any measure, includ- ‘‘(iv) any Federal, State, or non-Federal SEC. 3. AUTHORIZATION OF APPROPRIATIONS. ing monitoring or modeling, that the Admin- funding used to implement a technology or Section 117 of the Federal Water Pollution istrator will use to assess progress made to- practice described in clause (iii). Control Act (33 U.S.C. 1267) is amended by ward achieving a goal described in subpara- ‘‘(B) AUDIT.—Not later than 1 year after striking subsection (l) (as redesignated by graph (A) in— the date of enactment of this subparagraph, section 2) and inserting the following: ‘‘(I) each jurisdictional tributary strategy and triennially thereafter, the Inspector ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— basin of the Chesapeake Bay; and General of the Environmental Protection There is authorized to be appropriated to ‘‘(II) the Chesapeake Bay watershed as a Agency shall audit the information sub- carry out this section $50,000,000 for each of whole; and mitted by States under subparagraph (A) for fiscal years 2006 through 2010, to remain ‘‘(iii) a description of any Federal or non- accuracy. available until expended.’’. Federal activity necessary to achieve the nu- ‘‘(C) FAILURE TO ACT.—The Administrator S. 1491 trient and sediment reduction goals, includ- shall not make a grant to a State under this Be it enacted by the Senate and House of Rep- ing an identification of any party that is re- Act if the State fails to submit any informa- resentatives of the United States of America in sponsible for carrying out the activity. tion in accordance with subparagraph (A). Congress assembled, ‘‘(k) REPORTING REQUIREMENTS.— ‘‘(2) ANNUAL TRIBUTARY HEALTH REPORT SECTION 1. SHORT TITLE. FFICE OF MANAGEMENT AND BUDGET.— CARD.— ‘‘(1) O This Act may be cited as the ‘‘Chesapeake ‘‘(A) INITIAL REPORT.—Not later than 180 ‘‘(A) IN GENERAL.—Not later than January Bay Watershed Nutrient Removal Assistance days after the date of enactment of this sub- 31 of each year, the Administrator shall pub- Act’’. lish and widely circulate a ‘tributary health section, the Director of the Office of Manage- SEC. 2. FINDINGS AND PURPOSES. report card’ to evaluate, based on moni- ment and Budget shall submit to the appro- (a) FINDINGS.—Congress finds that— toring and modeling data, progress made priate committees of the Senate and the (1) nutrient pollution from point sources during the preceding year (including any House of Representatives a report describing and nonpoint sources continues to be the practice implemented during the year), and the feasibility and advisability of— most significant water quality problem in overall progress made, in achieving and ‘‘(i) combining into a single fund certain or the Chesapeake Bay watershed; maintaining nutrient and sediment reduc- all funds (including formula and grant funds) (2) a key commitment of the Chesapeake tion goals for each major tributary of the made available to each Federal agency to 2000 agreement, an interstate agreement Chesapeake Bay and each separable segment carry out restoration activities relating to of such a tributary. the Chesapeake Bay; and among the Administrator, the Chesapeake Bay Commission, the District of Columbia, ‘‘(B) BASELINE.—The baseline for the report ‘‘(ii) notwithstanding any issue relating to card (referred to in this paragraph as the jurisdiction, distributing amounts from that and the States of Maryland, Virginia, and ‘baseline’) shall be the tributary cap load al- fund in accordance with the priority of water Pennsylvania, is to achieve the goal of cor- location agreement numbered EPA 903–R–03– quality improvement activities identified recting the nutrient-related problems in the 007, dated December 2003, and entitled ‘Set- under the Chesapeake Bay Program. Chesapeake Bay by 2010; ting and Allocating the Chesapeake Bay ‘‘(B) ANNUAL REPORT.—Not later than Feb- (3) by correcting those problems, the Basin Nutrient and Sediment Loads: The ruary 15 of each year, the Director of the Of- Chesapeake Bay and its tidal tributaries Collaborative Process, Technical Tools and fice of Management and Budget shall submit may be removed from the list of impaired Innovative Approaches’. to the appropriate committees of the Senate bodies of water designated by the Adminis- ‘‘(C) INCLUSIONS.—The report card shall in- and the House of Representatives a report trator of the Environmental Protection clude, for each jurisdictional tributary strat- containing— Agency under section 303(d) of the Federal egy basin of the Chesapeake Bay— ‘‘(i) an interagency crosscut budget that Water Pollution Control Act (33 U.S.C. ‘‘(i) an identification of the total alloca- displays the proposed budget for use by each 1313(d)); tion of nutrients and sediments under the Federal agency in carrying out restoration (4) more than 300 major sewage treatment baseline; activities relating to the Chesapeake Bay for plants located in the Chesapeake Bay water- ‘‘(ii) the monitored and modeled quantities the following fiscal year; and shed annually discharge approximately of nitrogen, phosphorus, and sediment reduc- ‘‘(ii) a detailed accounting of all funds re- 60,000,000 pounds of nitrogen, or the equiva- tions achieved during the preceding year, ex- ceived and obligated by Federal and State lent of 20 percent of the total nitrogen load, pressed numerically and as a percentage of governments (including formula and grant into the Chesapeake Bay; and reduction; funds, such as State revolving loan funds and (5) nutrient removal technology is 1 of the ‘‘(iii) a list (organized from least to most agriculture conservation funds) to achieve most reliable, cost-effective, and direct progress made) that ranks the comparative the objectives of the Chesapeake Bay Pro- methods for reducing the flow of nitrogen progress made, based on the percentage of re- gram during the preceding fiscal year. from point sources into the Chesapeake Bay. duction under clause (ii), by each jurisdic- ‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— (b) PURPOSES.—The purposes of this Act tional tributary strategy basin toward meet- Not later than April 15 of each year, the Ad- are— ing the annual allocation goal of that juris- ministrator, in cooperation with appropriate (1) to authorize the Administrator of the dictional tributary strategy basin for nitro- Federal agencies, as determined by the Ad- Environmental Protection Agency to provide gen, phosphorus, and sediment; and ministrator, shall submit to the appropriate financial assistance to States and munici- ‘‘(iv) to the maximum extent practicable, committees of the Senate and the House of palities for use in upgrading publicly-owned an identification of the principal sources of Representatives a report containing— wastewater treatment plants in the Chesa- pollutants of the tributaries, including air- ‘‘(A)(i) an estimate of the reduction in lev- peake Bay watershed with nutrient removal borne sources of pollutants. els of nutrients and sediments in the Chesa- technologies; and ‘‘(D) USE OF DATA; CONSIDERATION.—In pre- peake Bay and its tributaries; and (2) to further the goal of restoring the paring the report, the Administrator shall— ‘‘(ii) a comparison of each estimated reduc- water quality of the Chesapeake Bay to con- ‘‘(i) use monitoring data and data sub- tion under clause (i) and the appropriate an- ditions that are protective of human health mitted under paragraph (3)(A); and nual goal described in the implementation and aquatic living resources. ‘‘(ii) take into consideration drought and plan under subsection (j)(1); SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT wet weather conditions. ‘‘(B) based on review by the Administrator PROGRAM. ‘‘(3) ACTIONS BY STATES.— of the budget and implementation plans of The Federal Water Pollution Control Act ‘‘(A) SUBMISSION OF INFORMATION.—Not each Federal agency, and any tributary (33 U.S.C. 1251 et seq.) is amended by adding later than December 31 of each year, each of strategy of an appropriate State agency— at the end the following: the States of Delaware, Maryland, New ‘‘(i) an estimate of the reductions in pol- ‘‘TITLE VII—MISCELLANEOUS York, Pennsylvania, Virginia, and West Vir- lutants likely to occur as a result of each ‘‘SEC. 701. SEWAGE CONTROL TECHNOLOGY ginia and the District of Columbia shall sub- program of an agency under this section dur- GRANT PROGRAM. mit to the Administrator information de- ing the subsequent 1-year and 5-year periods, ‘‘(a) DEFINITION OF ELIGIBLE FACILITY.—In scribing, for each jurisdictional tributary including— this section, the term ‘eligible facility’ strategy basin of the Chesapeake Bay lo- ‘‘(I) an analysis of the success or failure of means a municipal wastewater treatment cated in the State or District, for the pre- each program in achieving nutrient and sedi- plant that— ceding year— ment reduction; and ‘‘(1) as of the date of enactment of this ‘‘(i) the nutrient and sediment cap load al- ‘‘(II) an estimated timeline during which a title, has a permitted design capacity to location of the jurisdictional tributary strat- reduction in nutrient and sediment pollution treat an annual average of at least 500,000 egy basin; will occur; and gallons of wastewater per day; and ‘‘(ii) the principal sources of nutrients and ‘‘(ii) accounting for other trend data, an ‘‘(2) is located within the Chesapeake Bay sediment in the jurisdictional tributary estimate of the actual reduction in the quan- watershed in any of the States of Delaware, strategy basin, by category; tities of nutrients and sediments in the Maryland, New York, Pennsylvania, Vir- ‘‘(iii) for each category of pollutant source, Chesapeake Bay and its tributaries from all ginia, or West Virginia or in the District of the technologies or practices used to achieve sources that has occurred over the preceding Columbia. reductions, including levels of best manage- 1-year and 5-year periods; and ‘‘(b) GRANT PROGRAM.— ment practices implementation and sewage ‘‘(C) the technical basis and reliability of ‘‘(1) ESTABLISHMENT.—Not later than 1 year treatment plant upgrades; and each estimate under this paragraph.’’. after the date of enactment of this title, the

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.026 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8955 Administrator shall establish a program (C)(i) encourage positive behavior of stu- ‘‘(2) design or demonstration of field prac- within the Environmental Protection Agen- dents in school; and tices, methods, or techniques, including— cy to provide grants to States and munici- (ii) encourage environmental stewardship ‘‘(A) assessments of environmental or eco- palities to upgrade eligible facilities with in school and in the community; and logical conditions; and nutrient removal technologies. (3) the Federal Government, acting ‘‘(B) analyses of environmental pollution ‘‘(2) PRIORITY.—In providing a grant under through the Secretary of Education, should or other natural resource problems; paragraph (1), the Administrator shall— work with the Under Secretary for Oceans ‘‘(3) understanding and assessment of a ‘‘(A) consult with the Chesapeake Bay Pro- and Atmosphere, the Chesapeake Executive specific environmental issue or a specific en- gram Office; Council, State educational agencies, elemen- vironmental problem; ‘‘(B) give priority to eligible facilities at tary schools and secondary schools, and non- ‘‘(4) provision of training or related edu- which nutrient removal upgrades would— profit educational and environmental orga- cation for teachers or other educational per- ‘‘(i) produce the greatest nutrient load re- nizations to support development of cur- sonnel, including provision of programs or ductions at points of discharge; or ricula, teacher training, special projects, and curricula to meet the needs of students in ‘‘(ii) result in the greatest environmental other activities, to increase understanding of various age groups or at various grade levels; benefits to local bodies of water surrounding, the Chesapeake Bay watershed and to im- ‘‘(5) provision of an environmental edu- and the main stem of, the Chesapeake Bay; prove awareness of environmental problems. cation seminar, teleconference, or workshop and SEC. 3. CHESAPEAKE BAY ENVIRONMENTAL EDU- for environmental education professionals or ‘‘(iii) take into consideration the geo- CATION AND TRAINING GRANT environmental education students, or provi- graphic distribution of the grants. PILOT PROGRAM. sion of a computer network for such profes- ‘‘(3) APPLICATION.— Title IV of the Elementary and Secondary sionals and students; ‘‘(A) IN GENERAL.—On receipt of an applica- Education Act of 1965 (20 U.S.C. 7101 et seq.) ‘‘(6) provision of on-the-ground activities tion from a State or municipality for a grant is amended by adding at the end the fol- involving students and teachers, such as— under this section, if the Administrator ap- lowing: ‘‘(A) riparian forest buffer restoration; and proves the request, the Administrator shall ‘‘(B) volunteer water quality monitoring at ‘‘PART D—CHESAPEAKE BAY ENVIRON- transfer to the State or municipality the schools; MENTAL EDUCATION AND TRAINING amount of assistance requested. ‘‘(7) provision of a Chesapeake Bay or GRANT PILOT PROGRAM ‘‘(B) FORM.—An application submitted by a stream outdoor educational experience; or State or municipality under subparagraph ‘‘SEC. 4401. DEFINITIONS. ‘‘(8) development of distance learning or (A) shall be in such form and shall include ‘‘In this part: other courses or workshops that are accept- such information as the Administrator may ‘‘(1) BAY WATERSHED STATE.—The term able in all Bay Watershed States and apply prescribe. ‘Bay Watershed State’ means each of the throughout the Chesapeake Bay watershed. ‘‘(4) USE OF FUNDS.—A State or munici- States of Delaware, Maryland, New York, ‘‘(e) REQUIRED ELEMENTS OF PROGRAM.—In pality that receives a grant under this sec- Pennsylvania, Virginia, and West Virginia, carrying out the Program, the Secretary tion shall use the grant to upgrade eligible and the District of Columbia. shall— facilities with nutrient removal technologies ‘‘(2) CHESAPEAKE EXECUTIVE COUNCIL.—The ‘‘(1) solicit applications for projects; that are designed to reduce total nitrogen in term ‘Chesapeake Executive Council’ has the ‘‘(2) select suitable projects from among discharged wastewater to an average annual meaning given the term in section 307(d) of the projects proposed; concentration of 3 milligrams per liter. the National Oceanic and Atmospheric Ad- ‘‘(3) supervise projects; ‘‘(5) COST SHARING.— ministration Authorization Act of 1992 (15 ‘‘(4) evaluate the results of projects; and ‘‘(A) FEDERAL SHARE.—The Federal share U.S.C. 1511d(d)). ‘‘(5) disseminate information on the effec- of the cost of upgrading any eligible facility ‘‘(3) ELIGIBLE INSTITUTION.—The term ‘eli- tiveness and feasibility of the practices, as described in paragraph (1) using funds pro- gible institution’ means— methods, and techniques addressed by the vided under this section shall not exceed 55 ‘‘(A) a public elementary school or sec- projects. percent. ondary school located in a Bay Watershed ‘‘(f) SOLICITATION OF APPLICATIONS.—Not ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- State; and later than 90 days after the date on which eral share of the costs of upgrading any eligi- ‘‘(B) a nonprofit environmental or edu- amounts are first made available to carry ble facility as described in paragraph (1) cational organization located in a Bay Wa- out this part, and each year thereafter, the using funds provided under this section may tershed State. Secretary shall publish a notice of solicita- be provided in the form of funds made avail- ‘‘(4) PROGRAM.—The term ‘Program’ means tion for applications for grants under the able to a State or municipality under— the Chesapeake Bay Environmental Edu- Program that specifies the information to be ‘‘(i) any provision of this Act other than cation and Training Grant Pilot Program es- included in each application. this section (including funds made available tablished under section 4402. ‘‘(g) APPLICATIONS.—To be eligible to receive a grant under the Program, an eligible from a State revolving fund established ‘‘SEC. 4402. CHESAPEAKE BAY ENVIRONMENTAL under title VI); or EDUCATION AND TRAINING GRANT institution shall submit an application to ‘‘(ii) any other Federal or State law. PILOT PROGRAM. the Secretary at such time, in such form, ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) IN GENERAL.—The Secretary shall es- and containing such information as the Sec- ‘‘(1) IN GENERAL.—There is authorized to be tablish a grant program, to be known as the retary may require. ‘‘(h) PRIORITY IN SELECTION OF PROJECTS.— appropriated to carry out this section ‘Chesapeake Bay Environmental Education In making grants under the Program, the $132,000,000 for each of fiscal years 2006 and Training Grant Pilot Program’, to make Secretary shall give priority to an applicant through 2010, to remain available until ex- grants to eligible institutions to pay the that proposes a project that will develop— pended. Federal share of the cost of developing, dem- ‘‘(1) a new or significantly improved envi- ‘‘(2) ADMINISTRATIVE COSTS.—The Adminis- onstrating, or disseminating information on ronmental education practice, method, or trator may use not to exceed 4 percent of practices, methods, or techniques relating to technique, in multiple disciplines, or a pro- any amount made available under paragraph environmental education and training in the gram that assists appropriate entities and (1) to pay administrative costs incurred in Chesapeake Bay watershed. individuals in meeting Federal or State aca- carrying out this section.’’. ‘‘(b) FEDERAL SHARE.—The Federal share demic standards relating to environmental S. 1492 referred to in subsection (a) shall be 50 per- education; cent. Be it enacted by the Senate and House of Rep- ‘‘(2) an environmental education practice, resentatives of the United States of America in ‘‘(c) ADMINISTRATION.—The Secretary may method, or technique that may have wide ap- Congress assembled, offer to enter into a cooperative agreement plication; and or contract with the National Fish and Wild- SECTION 1. SHORT TITLE. ‘‘(3) an environmental education practice, life Foundation established by the National This Act may be cited as the ‘‘Chesapeake method, or technique that addresses a skill Bay Environmental Education Pilot Pro- Fish and Wildlife Foundation Establishment or scientific field identified as a priority by gram Act’’. Act (16 U.S.C. 3701 et seq.), the Under Sec- the Chesapeake Executive Council. retary for Oceans and Atmosphere, a State SEC. 2. FINDINGS. ‘‘(i) MAXIMUM AMOUNT OF GRANTS.—Under Congress finds that— educational agency, or a nonprofit organiza- the Program, the maximum amount of a (1) increasing public environmental aware- tion that carries out environmental edu- grant shall be $50,000. ness and understanding through formal envi- cation and training programs, for adminis- ‘‘(j) NOTIFICATION.—Not later than 3 days ronmental education and meaningful bay or tration of the Program. before making a grant under this part, the stream field experiences are vital parts of ‘‘(d) USE OF FUNDS.—An eligible institution Secretary shall provide notification of the the effort to protect and restore the Chesa- that receives a grant under the Program grant to the appropriate committees of Con- peake Bay ecosystem; shall use the funds made available through gress. (2) using the Chesapeake Bay watershed as the grant to carry out a project consisting ‘‘(k) REGULATIONS.—Not later than 1 year an integrating context for learning can of— after the date of enactment of the Chesa- help— ‘‘(1) design, demonstration, or dissemina- peake Bay Environmental Education Pilot (A) advance student learning skills; tion of environmental curricula, including Program Act, the Secretary shall promul- (B) improve academic achievement in core development of educational tools or mate- gate regulations concerning implementation academic subjects; and rials; of the Program.

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.026 S26JYPT1 S8956 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘SEC. 4403. EVALUATION AND REPORT. program under which the Secretary shall ceed 75 percent, as determined by the Sec- ‘‘(a) EVALUATION.—Not later than Decem- make grants and provide technical assist- retary. ber 31, 2009, the Secretary shall enter into a ance to eligible entities to restore and con- (3) TYPES OF PROJECTS.—The Secretary contract with an entity that is not the reserve forests in the Chesapeake Bay water- may make a grant to an eligible entity for a cipient of a grant under this part to conduct shed, including grants and assistance— project in the Chesapeake Bay watershed a detailed evaluation of the Program. In con- (1) to promote forest conservation, restora- that— ducting the evaluation, the Secretary shall tion, and stewardship efforts in urban, subur- (A) improves habitat and water quality determine whether the quality of content, ban, and rural areas of the Chesapeake Bay through the establishment, protection, or delivery, and outcome of the Program war- watershed; stewardship of riparian or wetland forests or rant continued support of the Program. (2) to accelerate the restoration of riparian stream corridors; ‘‘(b) REPORT.—Not later than December 31, forest buffers in the Chesapeake Bay water- (B) builds the capacity of State forestry 2010, the Secretary shall submit a report to shed; agencies and local organizations to imple- the appropriate committees of Congress con- (3) to assist in developing and carrying out ment forest conservation, restoration, and taining the results of the evaluation. projects and partnerships in the Chesapeake stewardship actions; ‘‘SEC. 4404. AUTHORIZATION OF APPROPRIA- Bay watershed; (C) develops and implements watershed TIONS. (4) to promote the protection and sustain- management plans that— ‘‘(a) IN GENERAL.—There is authorized to able management of forests in the Chesa- (i) address forest conservation needs; and be appropriated to carry out this part peake Bay watershed; (ii) reduce urban and suburban runoff; $6,000,000 for each of fiscal years 2006 through (5) to develop communication and edu- (D) provides outreach and assistance to 2009. cation resources that enhance public under- private landowners and communities to re- ‘‘(b) ADMINISTRATIVE EXPENSES.—Of the standing of the value of forests in the Chesa- store or conserve forests in the watershed; amounts made available under subsection (a) peake Bay watershed; (E) implements communication, education, for each fiscal year, not more than 10 percent (6) to conduct research, assessment, and or technology transfer programs that broad- may be used for administrative expenses.’’. planning activities to restore and protect en public understanding of the value of trees S. 1493 forest land in the Chesapeake Bay water- and forests in sustaining and restoring the Be it enacted by the Senate and House of Rep- shed; and Chesapeake Bay watershed; resentatives of the United States of America in (7) to contribute to the achievement of the (F) coordinates and implements commu- Congress assembled, goals of the Chesapeake Bay Agreement. nity-based watershed partnerships and ini- SECTION 1. SHORT TITLE. (b) OFFICE; COORDINATOR.— tiatives that— This Act may be cited as the ‘‘Chesapeake (1) IN GENERAL.—The Secretary shall— (i) focus on— Bay Watershed Forestry Program Act of (A) maintain an office within the Forest (I) the expansion of the urban tree canopy; 2005’’. Service to carry out the program; and and SEC. 2. FINDINGS AND PURPOSES. (B) designate an employee of the Forest (II) the restoration or protection of forest (a) FINDINGS.—Congress finds that— Service as Coordinator of the program. land; or (1) trees and forests are critical to the (2) DUTIES.—As part of the program, the (ii) integrate the delivery of Forest Service long-term health and proper ecological func- Coordinator, in cooperation with the Sec- programs for restoring or protecting water- tioning of the Chesapeake Bay and the retary and the Chesapeake Bay Program, sheds; Chesapeake Bay watershed; shall— (G) provides enhanced forest resource data (2) the Chesapeake Bay States are losing (A) provide grants and technical assistance to support watershed management; forest land to urban and suburban growth at to restore and protect forests in the Chesa- (H) enhances upland forest health to re- a rate of nearly 100 acres per day; peake Bay watershed; duce risks to watershed function and water (3) the Forest Service has a vital role to (B) enter into partnerships to carry out quality; or play in assisting States, local governments, forest restoration and conservation activi- (I) conducts inventory assessment or moni- and nonprofit organizations in carrying out ties at a watershed scale using the resources toring activities to measure environmental forest conservation, restoration, and stew- and programs of the Forest Service; change associated with projects carried out ardship projects and activities; and (C) in collaboration with other units of the under the program. (4) existing programs do not ensure the Forest Service, other Federal agencies, and (4) CHESAPEAKE BAY WATERSHED FOR- support necessary to meet Chesapeake Bay State forestry agencies, carry out activities ESTERS.—Funds made available under sec- forest goals. that contribute to the goals of the Chesa- tion 6 may be used by a Chesapeake Bay (b) PURPOSES.—The purposes of this Act peake Bay Agreement; State to employ a State watershed forester are— (D) work with units of the National Forest to work with the Coordinator to carry out (1) to expand and strengthen cooperative System in the Chesapeake Bay watershed to activities and watershed projects relating to efforts to protect, restore, and manage for- ensure that the units are managed in a man- the program. ests in the Chesapeake Bay watershed; and ner that— (e) STUDY.— (2) to contribute to the achievement of the (i) protects water quality; and (1) IN GENERAL.—The Secretary, in con- goals of the Chesapeake Bay Agreement. (ii) sustains watershed health; sultation with the Council, shall conduct a SEC. 3. DEFINITIONS. (E) represent the Forest Service in delib- study of urban and rural forests in the In this Act: erations of the Chesapeake Bay Program; Chesapeake Bay watershed, including— (1) CHESAPEAKE BAY AGREEMENT.—The term and (A) an evaluation of the state, and threats ‘‘Chesapeake Bay Agreement’’ means the for- (F) support and collaborate with the For- to the sustainability, of forests in the Chesa- mal, voluntary agreements— estry Work Group for the Chesapeake Bay peake Bay watershed; (A) executed to achieve the goal of restor- Program in planning and implementing pro- (B) an assessment of forest loss and frag- ing and protecting the Chesapeake Bay eco- gram activities. mentation in the Chesapeake Bay watershed; system and the living resources of the Chesa- (c) ELIGIBLE ENTITIES.—To be eligible to (C) an identification of forest land within peake Bay ecosystem; and receive assistance under the program, an en- the Chesapeake Bay watershed that should (B) signed by the Council. tity shall be— be restored or protected; and (2) CHESAPEAKE BAY STATE.—The term (1) a Chesapeake Bay State; (D) recommendations for expanded and tar- ‘‘Chesapeake Bay State’’ means each of the (2) a political subdivision of a Chesapeake geted actions or programs needed to achieve States of Delaware, Maryland, New York, Bay State; the goals of the Chesapeake Bay Agreement. Pennsylvania, Virginia, and West Virginia (3) a university or other institution of (2) REPORT.—Not later than 1 year after and the District of Columbia. higher education; amounts are first made available under sec- (3) COORDINATOR.—The term ‘‘Coordinator’’ (4) an organization operating in the Chesa- tion 6, the Secretary shall submit to the means the Coordinator of the program des- peake Bay watershed that is described in sec- Committee on Agriculture of the House of ignated under section 4(b)(1)(B). tion 501(c) of the Internal Revenue Code of Representatives and the Committee on Agri- (4) COUNCIL.—The term ‘‘Council’’ means 1986 and is exempt from taxation under sec- culture, Nutrition, and Forestry of the Sen- the Chesapeake Bay Executive Council. tion 501(a) of that Code; or ate a report that describes the results of the (5) PROGRAM.—The term ‘‘program’’ means (5) any other person in the Chesapeake Bay study. the Chesapeake Bay watershed forestry pro- watershed that the Secretary determines to SEC. 5. WATERSHED FORESTRY RESEARCH PRO- gram carried out under section 4(a). be eligible. GRAM. (6) SECRETARY.—The term ‘‘Secretary’’ (d) GRANTS.— (a) IN GENERAL.—The Secretary, in co- means the Secretary of Agriculture, acting (1) IN GENERAL.—The Secretary shall make operation with the Council, shall establish a through the Chief of the Forest Service and grants to eligible entities under the program watershed forestry research program for the the Coordinator. to carry out projects to protect, restore, and Chesapeake Bay watershed. SEC. 4. CHESAPEAKE BAY WATERSHED FOR- manage forests in the Chesapeake Bay wa- (b) ADMINISTRATION.—In carrying out the ESTRY PROGRAM. tershed. watershed forestry research program estab- (a) IN GENERAL.—The Secretary shall carry (2) FEDERAL SHARE.—The Federal share of a lished under subsection (a), the Secretary out a Chesapeake Bay watershed forestry grant made under the program shall not ex- shall—

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.026 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8957 (1) use a combination of applied research, ecosystem health and performance, aquatic in section 501(c) of the Internal Revenue modeling, demonstration projects, imple- living resources and habitat conditions, and Code of 1986 and is exempt from taxation mentation guidance, strategies for adaptive weather, tides, currents, and circulation. under section 501(a) of that Code; management, training, and education to ‘‘(C) ELEMENTS OF SYSTEM.—The System ‘‘(ii) a consortium of institutions described meet the needs of the residents of the Chesa- shall coordinate existing monitoring and ob- in clause (i); peake Bay States for managing forests in serving activities in the Chesapeake Bay wa- ‘‘(iii) an elementary or secondary school urban, developing, and rural areas; tershed, identify new data collection needs, located within the Chesapeake Bay water- (2) solicit input from local managers and and deploy new technologies to provide a shed; Federal, State, and private researchers, with complete set of environmental information ‘‘(iv) a teacher at a school described in respect to air and water quality, social and for the Chesapeake Bay, including the fol- clause (iii); or economic implications, environmental lowing activities: ‘‘(v) a department of education of a State change, and other Chesapeake Bay watershed ‘‘(i) Collecting and analyzing the scientific if any part of such State is within the Chesa- forestry issues in urban and rural areas; information related to the Chesapeake Bay peake Bay watershed. (3) collaborate with the Chesapeake Bay that is necessary for the management of liv- ‘‘(B) CRITERIA.—The Director shall con- Program Scientific and Technical Advisory ing marine resources and the marine habitat sider, in awarding grants under this sub- Committee and universities in the Chesa- associated with such resources. section, the experience of the applicant in peake Bay States to— ‘‘(ii) Managing and interpreting the infor- providing environmental education and (A) address issues in the Chesapeake Bay mation described in clause (i). training projects regarding the Chesapeake Agreement; and ‘‘(iii) Organizing the information described Bay watershed to a range of participants and (B) support modeling and informational in clause (i) into products that are useful to in a range of settings. needs of the Chesapeake Bay program; and policy makers, resource managers, sci- ‘‘(C) FUNCTIONS AND ACTIVITIES.—Grants (4) manage activities of the watershed for- entists, and the public. awarded under this subsection may be used estry research program in partnership with ‘‘(iv) Developing or supporting the develop- to support education and training projects the Coordinator. ment of an Internet-based information sys- that— (c) WATERSHED FORESTRY RESEARCH STRAT- tem for integrating, interpreting, and dis- ‘‘(i) provide classroom education, including EGY.—Not later than 1 year after the date of seminating coastal information, products, the use of distance learning technologies, on enactment of this Act, the Secretary, in col- and forecasts concerning the Chesapeake the issues, science, and problems of the liv- laboration with the Northeastern Forest Re- Bay watershed related to— ing resources of the Chesapeake Bay water- search Station and the Southern Forest Re- ‘‘(I) climate; shed; search Station, shall submit to Congress a ‘‘(II) land use; ‘‘(ii) provide meaningful outdoor experi- strategy for research to address Chesapeake ‘‘(III) coastal pollution and environmental ence on the Chesapeake Bay, or on a stream Bay watershed goals, including recommenda- quality; or in a local watershed of the Chesapeake tions for implementation and leadership of ‘‘(IV) coastal hazards; Bay, in the design and implementation of the program. ‘‘(V) ecosystem health and performance; field studies, monitoring and assessments, or ‘‘(VI) aquatic living resources and habitat restoration techniques for living resources; SEC. 6. AUTHORIZATION OF APPROPRIATIONS. conditions and management; ‘‘(iii) provide professional development for There is authorized to be appropriated to ‘‘(VII) economic and recreational uses; and teachers related to the science of the Chesa- carry out the program $3,500,000 for each of ‘‘(VIII) weather, tides, currents, and cir- peake Bay watershed and the dissemination fiscal years 2006 through 2012, of which— culation that affect the distribution of sedi- of pertinent education materials oriented to (1) not more than $500,000 shall be used to ments, nutrients, organisms, coastline ero- varying grade levels; conduct the study required under section sion, and related physical and chemical ‘‘(iv) demonstrate or disseminate environ- 4(e); and events and processes. mental educational tools and materials re- (2) not more than $1,000,000 for any fiscal ‘‘(D) AGREEMENTS TO PROVIDE DATA, INFOR- lated to the Chesapeake Bay watershed; year shall be used to carry out the watershed MATION, AND SUPPORT.—The Director may ‘‘(v) demonstrate field methods, practices, forestry research program under section 5. enter into agreements with other entities of and techniques including assessment of envi- SEC. 7. REPORT. the National Oceanic and Atmospheric Ad- ronmental and ecological conditions and Not later than December 31, 2007, and an- ministration, other Federal, State, or local analysis of environmental problems; and nually thereafter, the Secretary shall submit government agencies, academic institutions, ‘‘(vi) develop or disseminate projects de- to Congress a comprehensive report that de- or organizations described in subsection signed to— scribes the costs, accomplishments, and out- (e)(2)(A)(i) to provide and interpret data and ‘‘(I) enhance understanding and assessment comes of the activities carried out under the information, and may provide appropriate of a specific environmental problem in the program. support to such agencies, institutions, or or- Chesapeake Bay watershed or of a goal of the S. 1494 ganizations to fulfill the purposes of the Sys- Chesapeake Bay Program; tem. ‘‘(II) protect or restore living resources of Be it enacted by the Senate and House of Rep- ‘‘(E) AGREEMENTS RELATING TO INFORMA- the Chesapeake Bay watershed; or resentatives of the United States of America in TION PRODUCTS.—The Director may enter ‘‘(III) educate local land use officials and Congress assembled, into grants, contracts, and interagency decision makers on the relationship of land SECTION 1. SHORT TITLE. agreements with eligible entities for the col- use to natural resource and watershed pro- This Act may be cited as the ‘‘NOAA lection, processing, analysis, and interpreta- tection. Chesapeake Bay Watershed Monitoring, Edu- tion of data and information and for elec- ‘‘(D) FEDERAL SHARE.—The Federal share cation, Training, and Restoration Act’’. tronic publication of information products. of the cost of a project funded with a grant SEC. 2. CHESAPEAKE BAY OFFICE PROGRAMS. ‘‘(e) CHESAPEAKE BAY WATERSHED EDU- awarded under this subsection shall not ex- Section 307 of the National Oceanic and At- CATION AND TRAINING PROGRAM.— ceed 75 percent of the total cost of that mospheric Administration Authorization Act ‘‘(1) ESTABLISHMENT.— project. of 1992 (15 U.S.C. 1511d) is amended— ‘‘(A) IN GENERAL.—The Director, in co- ‘‘(f) STOCK ENHANCEMENT AND HABITAT RES- (1) by redesignating subsections (d) and (e), operation with the Chesapeake Executive TORATION PROGRAM.— as subsections (h) and (i), respectively; and Council, shall establish a Chesapeake Bay ‘‘(1) ESTABLISHMENT.— (2) by inserting after subsection (c), the watershed education and training program. ‘‘(A) IN GENERAL.—Not later than 1 year following new subsections: ‘‘(B) PURPOSES.—The program established after the date of enactment of the NOAA ‘‘(d) CHESAPEAKE BAY INTEGRATED OBSERV- under subparagraph (A) shall continue and Chesapeake Bay Watershed Monitoring, Edu- ING SYSTEM.— expand the Chesapeake Bay watershed education, Training, and Restoration Act, the ‘‘(1) ESTABLISHMENT.— cation programs offered by the Chesapeake Director, in cooperation with the Chesa- ‘‘(A) IN GENERAL.—Not later than 1 year Bay Office for the purposes of— peake Executive Council, shall establish a after the date of enactment of the NOAA ‘‘(i) improving the understanding of ele- Chesapeake Bay watershed stock enhance- Chesapeake Bay Watershed Monitoring, Edu- mentary and secondary school students and ment and habitat restoration program. cation, Training, and Restoration Act, the teachers of the living resources of the eco- ‘‘(B) PURPOSE.—The purpose of the pro- Director shall collaborate with scientific and system of the Chesapeake Bay; gram established in subparagraph (A) is to academic institutions, Federal agencies, ‘‘(ii) providing community education to support the restoration of oysters and sub- State and nongovernmental organizations, improve watershed protection; and merged aquatic vegetation in the Chesa- and other constituents located in the Chesa- ‘‘(iii) meeting the educational goals of the peake Bay. peake Bay watershed to establish a Chesa- Chesapeake 2000 agreement. ‘‘(2) ACTIVITIES.—To carry out the purpose peake Bay Integrated Observing System (in ‘‘(2) GRANT PROGRAM.— of the program established under paragraph this section referred to as the ‘System’). ‘‘(A) AUTHORIZATION.—The Director is au- (1)(A), the Director is authorized to enter ‘‘(B) PURPOSE.—The purpose of the System thorized to award grants to pay the Federal into grants, contracts, and cooperative is to provide information needed to restore share of the cost of a project described in agreements with an eligible entity to sup- the health of the Chesapeake Bay, on such subparagraph (C) to— port— topics as land use, environmental quality of ‘‘(i) a nongovernmental organization in the ‘‘(A) the establishment of oyster hatch- the Bay and its shoreline, coastal erosion, Chesapeake Bay watershed that is described eries;

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.036 S26JYPT1 S8958 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘(B) the establishment of submerged scribed in section 501(c) of the Internal Rev- achieving the C2K pollution reduction goals aquatic vegetation propagation programs; enue Code of 1986 and is exempt from tax- and restoring the Bay. and ation under section 501(a) of that Code; or The Chesapeake Bay Program Reauthor- ‘‘(C) other activities that the Director de- ‘‘(E) a private entity that the Director de- ization and Environmental Accountability termines are appropriate to carry out the termines to be appropriate.’’. Act of 2005. A bill to amend the Federal purposes of such program. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Water Pollution Control Act to require envi- ‘‘(g) CHESAPEAKE BAY AQUACULTURE EDU- Subsection (i) of section 307 of the National ronmental accountability and reporting and CATION.—The Director is authorized to make Oceanic and Atmospheric Administration to reauthorize the Chesapeake Bay Program. grants and enter into contracts with an in- Authorization Act of 1992 (15 U.S.C. 1511d), as There has been much criticism and ques- stitution of higher education, including a redesignated by section 2(1), is amended to tioning in recent years about the implemen- community college, for the purpose of— read as follows: tation of the multijurisdictional Chesapeake ‘‘(1) supporting education in Chesapeake ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Bay Program. There is no doubt that the Bay aquaculture sciences and technologies; ‘‘(1) FY 2002 THROUGH 2005.—There are au- members of the Program, from state part- and thorized to be appropriated to the Depart- ners to the federal Environmental Protec- ‘‘(2) developing aquaculture processes and ment of Commerce for the Chesapeake Bay tion Agency (EPA), have not moved forward technologies to improve production, effi- Office $6,000,000 for each of the fiscal years as aggressively as the resource demands, ciency, and sustainability of disease-free 2002 through 2005. failing to meet deadlines for water quality oyster spat and submerged aquatic vegeta- ‘‘(2) FY 2006 THROUGH 2010.—There are au- improvement actions that the signatories tion.’’. thorized to be appropriated to the Depart- themselves established in C2K. In contrast, SEC. 3. REPORT. ment of Commerce for the Chesapeake Bay the Program has provided essential technical Section 307(b)(7) of the National Oceanic Office $26,000,000 for each of the fiscal years data and the underlying science critical to and Atmospheric Administration Authoriza- 2006 through 2010. Of the amount appro- our understanding of the problems facing the tion Act of 1992 (15 U.S.C. 1511d(b)(7)), is priated pursuant to such authorization of ap- Bay and the watershed rivers and streams. amended to read as follows: propriations— The Chesapeake Bay Program Reauthoriza- ‘‘(7) submit a biennial report to the Con- ‘‘(A) for each of the fiscal years 2006 tion and Environmental Accountability Act gress and the Secretary of Commerce with through 2010, $1,000,000 is authorized to be of 2005 places a clear mandate on EPA to de- respect to the activities of the Office, includ- made available to carry out the provisions of velop and implement a plan for achieving the ing— subsection (d); nutrient pollution reduction goals of C2K ‘‘(A) a description of the progress made in ‘‘(B) for each of the fiscal years 2006 and measure progress through actual water protecting and restoring the living resources through 2010, $6,000,000 is authorized to be quality improvements. The legislation also and habitat of the Chesapeake Bay; made available to carry out the provisions of requires Bay watershed states to report an- ‘‘(B) a description of each grant awarded subsection (e); nually on their progress implementing the under this section since the submission of ‘‘(C) for each of the fiscal years 2006 plan. Finally, the legislation provides for a the most recent biennial report, including through 2010, $10,000,000 is authorized to be much needed assessment by the Office of the amount of such grant and the activities made available to carry out the provisions of Management and Budget on the potential funded with such grant; and subsection (f); benefits of federal monies dedicated to the ‘‘(C) an action plan consisting of— ‘‘(D) for each of the fiscal years 2006 restoration effort combining into a single ‘‘(i) a list of recommended research, moni- through 2010, $1,000,000 to carry out the pro- fund. This assessment complements the cur- toring, and data collection activities nec- visions of subsection (g).’’. rent financing authority efforts of the C2K essary to continue implementation of the signatories, an effort looking to develop a strategy described in paragraph (2); and CHESAPEAKE BAY FOUNDATION, vehicle to not only better leverage state and ‘‘(ii) proposals for— June 28, 2005. federal monies, but also obtain additional ‘‘(I) continuing any new National Oceanic Senator PAUL S. SARBANES, funds. Absent a substantial increase in in- and Atmospheric Administration activities U.S. Senate, vestment in the Bay, restoration efforts are in the Chesapeake Bay; and Washington, DC. likely to fail. ‘‘(II) integration of those activities with DEAR SENATOR SARBANES: The Chesapeake The Chesapeake Bay Environmental Edu- the activities of the partners in the Chesa- Bay Foundation (CBF) wishes to submit this cation Pilot Program Act: A bill to amend peake Bay Program to meet the commit- letter in support of the package of proposed the Elementary and Secondary Education ments of the Chesapeake 2000 agreement and legislation that you have prepared to further Act of 1965 to establish a pilot program to subsequent agreements.’’. the ongoing efforts to restore the Chesa- make grants to eligible institutions to de- SEC. 4. DEFINITIONS. peake Bay and the tributaries that feed it. velop, demonstrate, or disseminate informa- Subsection (h) of section 307 of the Na- We believe that the series of legislative pro- tion on practices, methods, or techniques re- tional Oceanic and Atmospheric Administra- posals you are submitting, in conjunction lating to environmental education and train- tion Authorization Act of 1992 (15 U.S.C. with the infusion of new and critical federal ing in the Chesapeake Bay watershed. 1511d), as redesignated by section 2(1), is funding support, are key elements of reinvig- We cannot expect the next generation to be amended to read as follows: orating the Bay restoration effort. responsible stewards of the Bay and the riv- ‘‘(h) DEFINITIONS.—In this section: The bills we have reviewed and support are ers and streams that crisscross its watershed ‘‘(1) CHESAPEAKE EXECUTIVE COUNCIL.—The the following: unless we invest in education. We must pro- term ‘Chesapeake Executive Council’ means The Chesapeake Bay Watershed Nutrient vide our youth with the knowledge and tools the representatives from the Commonwealth Removal Assistance Act. A bill to amend the that enable them to choose to be stewards of of Virginia, the State of Maryland, the Com- Federal Water Pollution Control Act to pro- our natural resources. C2K recognized this monwealth of Pennsylvania, the Environ- vide assistance for nutrient removal tech- need and set a goal of providing every stu- mental Protection Agency, the District of nologies to States in the Chesapeake Bay dent in the Bay watershed a meaningful field Columbia, and the Chesapeake Bay Commis- watershed. experience before he or she graduates from sion, who are signatories to the Chesapeake Nitrogen and phosphorus pollution are the high school. One single experience alone with Bay Agreement, and any future signatories two largest problems threatening the water the Bay or a river or stream, however, is not to that Agreement. quality of the Chesapeake Bay and its rivers adequate to educate students on environ- ‘‘(2) CHESAPEAKE 2000 AGREEMENT.—The and streams. Consequently, in the Chesa- mental issues and instill in them a sense of term ‘Chesapeake 2000 agreement’ means the peake 2000 Agreement (C2K), the Bay states stewardship. The Chesapeake Bay Environ- agreement between the United States, Mary- committed to reduce nutrient pollution (ni- mental Education Pilot Program Act will land, Pennsylvania, Virginia, the District of trogen and phosphorus pollution) by millions help to accomplish this goal by providing Columbia, and the Chesapeake Bay Commis- of pounds each year. One of the most effec- much needed funding for designing and im- sion entered into on June 28, 2000. tive tools in reducing this pollution is up- plementing environmental curricula, partici- ‘‘(3) ELIGIBLE ENTITY.—Except as provided grading sewage treatment plants with mod- pation in on-the-ground restoration projects, in subsection (c), the term ‘eligible entity’ ern, nutrient pollution removal tech- interactive opportunities with among stu- means— nologies. Pennsylvania, Maryland and Vir- dents, and outdoor educational experiences. ‘‘(A) the government of a State in the ginia have all provided new and additional These tools and others are key to increasing Chesapeake Bay watershed or the govern- funding to assist in the implementation of public environmental awareness and devel- ment of the District of Columbia; these technologies; however, proposed cuts oping educated and responsible stewards of ‘‘(B) the government of a political subdivi- to existing federal funds designated for the Bay. sion of a State in the Chesapeake Bay water- wastewater treatment upgrades jeopardizes The NOAA Chesapeake Bay Watershed shed, or a political subdivision of the govern- the success of these state initiatives. Monitoring, Education, Training and Res- ment of the District of Columbia; The federal government must make a toration Act. A bill to establish programs to ‘‘(C) an institution of higher education, in- greater commitment to funding. Grant fund- enhance protection of the Chesapeake Bay, cluding a community college; ing, as proposed in this bill, to assist in the and for other purposes. ‘‘(D) a nongovernmental organization in design, construction, and operation of these This legislation proposes a series of impor- the Chesapeake Bay watershed that is de- technologies is a critical part of successfully tant initiatives from the integration of data

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.036 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8959 to the establishment of an oyster and sub- 1. The Chesapeake Bay Program Reauthor- now and over the past two decades to the merged aquatic vegetation restoration pro- ization and Environmental Accountability health of the Chesapeake Bay. Please in- gram. In addition, a critical element is the Act. struct us as to how we can further support establishment of the watershed education 2. The Chesapeake Bay Watershed Nutrient these measures. and training program, which complements Removal Assistance Act Sincerely, the initiatives contained in the Chesapeake 3. The Chesapeake Bay Environmental SENATOR MIKE WAUGH, Bay Environmental Education Pilot Pro- Education Pilot Program Act Chairman. gram Act. 4. The Chesapeake Bay Watershed Forestry The Chesapeake Bay Watershed Forestry Act By Mr. MCCAIN (for himself and 5. The NOAA Chesapeake Bay Watershed Program Act of 2005. A bill to require the Mr. COBURN): Secretary of Agriculture to establish a pro- Monitoring, Education, Training, and Res- S. 1495. A bill to prohibit Federal gram to expand and strengthen cooperative toration Act The Chesapeake Bay Watershed Nutrient agencies from obligating funds for ap- efforts to restore and protect forests in the propriations earmarks included only in Chesapeake Bay watershed, and for other Removal Assistance Act is of particular in- purposes. terest to this Commission. As a signatory to congressional reports, and for other Forests provide habitat for wildlife, filter C2K, we have committed to reducing the purposes; to the Committee on Home- polluted runoff, and help moderate stream Bay’s nitrogen loads by 110 million pounds. land Security and Governmental Af- water temperature. Because of their impor- Meeting this goal will restore the Bay waters fairs. tance in improving water quality, the Bay to conditions that are clean, clear, and pro- Mr. MCCAIN. Mr. President, the bill I states have committed to restoring thou- ductive. Last December, the Commission am introducing today, along with my sands of acres of forested buffers in the wa- issued a report entitled ‘‘Cost-Effective Strategies for the Bay’’; of the six most cost- friend from Oklahoma, Mr. COBURN, is tershed. In addition, they are one of the very simple. The Obligation of Funds most cost-effective ways to reduce nitrogen effective strategies listed in that report, up- and phosphorus pollutions. Yet, the Chesa- grading wastewater treatment plants is Transparency Act of 2005 would pro- peake Bay watershed is continuing to lose Number One. The Act provides grants to up- hibit Federal agencies from obligating forests, in both urban and rural areas, at grade the major wastewater treatment funds which have been earmarked only alarming rates. Preservation and restoration plants in the Bay’s six-state watershed with in congressional reports. This legisla- of forests and forest buffers, as encouraged modern nutrient removal technologies. It tion is designed to help reign in unau- by this legislation, are critical elements in will allow the region to demonstrate that thorized, unrequested, run-of-the-mill Bay restoration efforts. state-of-the-art nutrient removal is possible on a large scale. It will result in the removal pork barrel projects. This package of legislative initiatives will As my colleagues may know, report do much to strengthen and reinvigorate our of as much as 30 million pounds of nitrogen efforts to Save the Bay. CBF is grateful to each year, or 30 percent of the reduction that language does not have the force of you, Senator, for your constant and unwav- is needed. Furthermore, the benefits from law. That fact has been lost when it ering commitment to the restoration of wa- upgrading sewage treatment plants have an comes to appropriations bills and re- ters of the Bay watershed and for your long immediate result on the Bay’s water quality, ports. It has become a standard prac- and distinguished leadership on these issues. unlike other methods that primarily affect tice to load up committee reports with If CBF can provide you with any additional nutrients in ground water and may take literally billions of dollars in years to produce results in the Bay. Only the assistance with the important initiatives unrequested, unauthorized, and waste- evidenced by these bills, please let me know. Federal government is in the position to With sincere appreciation for all you have trigger such remarkable reductions. It is an ful pork barrel projects. done for the Bay, I am, opportunity that must not be ignored. According to information compiled Very truly yours, Reauthorizing the Environmental Protec- from the Congressional Research Serv- ROY A. HOAGLAND, tion Agency’s Chesapeake Bay Program is ice (CRS), the total number of ear- Vice President, Environmental critical to the success of efforts to restore marks has grown from 4,126 in fiscal Protection & Restoration. the Bay. This program provides support and year 1994 to 14,040 in fiscal year 2004. coordination for Federal, state, and local ef- That’s an increase of 240 percent. In CHESAPEAKE BAY COMMISSION, forts developing strategies and actions plans, July 5, 2005. assessing progress throughout the water- terms of dollars, the earmarking has Hon. PAUL SARBANES, shed, implementing projects to protect the gone from $26.6 billion to $47.9 billion Senate Office Building, Bay and its living resources, and commu- over the same period. The practice of Washington, DC. nicating with the public. earmarking funds in appropriations DEAR SENATOR SARBANES: Federal funding The Chesapeake Bay Watershed Forestry bills has simply lurched out of control. has played a crucial role in supporting the Act will help to control pollution by estab- At a conference in February, 2005, Chesapeake Bay restoration. Thanks in large lishing forests and riparian buffers that can David Walker, the Comptroller General part to your efforts, federal funds have sup- filter and absorb sediment and nutrient run- of the United States, said this: ‘‘If we ported nearly one-fifth of the pojects cur- off while providing valuable habitat for ani- rently underway and served as a catalyst for mals and birds and food and shelter for fish. continue on our present path, we’ll see countless more. Enhanced support for the Bay Program of pressure for deep spending cuts or dra- In October 2004, the Chesapeake Bay Wa- the Forest Service will ramp up its ability to matic tax increases. GAO’s long-term tershed Blue Ribbon Finance Panel issued a provide interstate coordination, technical budget simulations paint a chilling pic- report that underscored the enormous chal- assistance, and forest assessment and plan- ture. If we do nothing, by 2040 we may lenge facing the Chesapeake and concluded, ning services that are otherwise limited or have to cut federal spending by more ‘‘ . . . restoring the Chesapeake Bay will re- unavailable in our region. than half or raise federal taxes by more Finally, let us emphasize the important quire a large-scale national and regional ap- than two and a half times to balance proach, capitalized by federal and state gov- support for education that this package pro- ernments and directed according to a water- vides. Sustaining our hard-won progress in the budget. Clearly, the status quo is shed-wide strategy.’’ The report called for a the restoration of the Bay will ultimately both unsustainable and difficult $15 billion federal and state investment over rest in the hands of citizens and commu- choices are unavoidable. And the the next four years to restore the Bay. While nities throughout the watershed. Expanding longer we wait, the more onerous our $15 billion is an enormous sum, failure to environmental education and training oppor- options will become and the less transi- take action and to make the investments tunities for a variety of ages, from kinder- tion time we will have.’’ needed to restore the health of our nation’s garten to adult community education and Is that really the kind of legacy we largest and most productive estuary will be outreach, will lead to a healthier Bay and to should leave to future generations of even more costly. A commitment of this size a more educated and informed citizenry, yet will require the substantial involvement of these kinds of activities are woefully under- Americans? all partners, including the federal, state, and funded. The monies provided by the Chesa- Referring to our economic outlook, local governments and the private sector. peake Bay Environmental Education Pilot Federal Reserve Chairman Alan Green- With this financial need firmly in focus, we Program Act and the NOAA Chesapeake Bay span testified before Congress that: are writing to convey our tri-state Commis- Watershed Monitoring, Education, Training, ‘‘(T)he dimension of the challenge is sion’s strong support for your Chesapeake and Restoration Act will substantially im- enormous. The one certainty is that Bay legislative package. Together, these five prove our ability to keep our commitments the resolution of this situation will re- bills promote the kinds of enhanced funding on track and reach the C2K goals. quire difficult choices and that the fu- and technical assistance that are needed to The federal government has been a strong meet the goals of the, Chesapeake 2000 agree- partner in efforts to restore the Bay, and ture performance of the economy will ment (C2K) and restore the Bay. We hope your five-bill package maintains and en- depend on those choices. No changes that the 109th Congress will join us in our hances the federal commitment to the Bay. will be easy, as they all will involve support of: The Commission commends your dedication lowering claims on resources or raising

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.039 S26JYPT1 S8960 CONGRESSIONAL RECORD — SENATE July 26, 2005 financial obligations. It falls on the probably be financially unsustainable major component of my philosophy. I Congress to determine how best to ad- over the next 50 years. An ever-growing am proud to introduce this bill which dress the competing claims.’’ burden of federal debt held by the pub- will serve to further that intent. It falls on the Congress my friends. lic would have a corrosive. . . effect on The head of the U.S. Government’s the economy.’’ By Mr. BUNNING (for himself chief watchdog agency and the Na- Where is it going to end? We have to and Mr. MCCONNELL): tion’s chief economist agree—we are in face the facts, and one fact is that we S. 1499. A bill to amend the Federal real trouble. can’t continue to spend taxpayer’s dol- Power Act to provide for competitive We simply must start making some lars on wasteful, unnecessary pork bar- and reliable electricity transmission in very tough decisions around here if we rel projects or cater to wealthy cor- the Commonwealth of Kentucky; to the are serious about improving our fiscal porate special interests any longer. Committee on Energy and Natural Re- future. We need to be thinking about The American people won’t stand for sources. the future of America and the future it, and they shouldn’t—they deserve Mr. BUNNING. Mr. President, I rise generations who are going to be paying better treatment from us. I urge my to introduce the Kentucky Competitive the tab for our continued spending. It colleagues to support this important Access Program (KCAP) bill that would is simply not fiscally responsible for us legislation. allow Kentucky electric distribution to continue to load up appropriations companies to purchase cheaper power. bills with wasteful and unnecessary By Mr. ALLARD (for himself and This means lower rates for many Ken- spending, and good deals for special in- Mr. SALAZAR): tucky consumers served by the Ten- terests and their lobbyists. We have S. 1498. A bill to direct the Secretary nessee Valley Authority (TVA). I am had ample opportunities to tighten our of the Interior to convey certain water pleased Senator MCCONNELL has joined belts in this town in recent years, and distribution facilities to the Northern me in introducing this bill. we have taken a pass each and every Colorado Water Conservancy District; Kentucky has some of the cheapest time. We can’t put off the inevitable to the Committee on Energy and Nat- electric power available in the Nation. any longer. ural Resources. However, some Kentucky consumers in Here is the stark reality of our fiscal Mr. ALLARD. Mr. President, the TVA are paying higher electricity situation. According to the Govern- Northern Colorado Water Conservancy rates than Kentucky consumers out- ment Accountability Office, the un- District has contacted me, along with side of TVA. funded federal financial burden, such as other members of the Colorado Con- Kentucky electric distribution com- public debt, future Social Security, gressional Delegation, seeking the in- panies served by the TVA can not pro- Medicare, and Medicaid payments, to- troduction and passage of Federal leg- vide their customers with access to tals more than $40 trillion or $140,000 islation authorizing the title transfer Kentucky’s inexpensive power. This is per man, woman and child. To put this of specific features of the Colorado-Big because under existing federal law the in perspective, the average mortgage, Thompson Project from the Untied Federal Energy Regulatory Commis- which is often a family’s largest liabil- States to Northern. This title transfer sion (FERC) has limited authority over ity, is $124,000—and that is often borne will be similar to a bill that I carried TVA and can not require it to transmit by the family breadwinners, not the during the 106th Congress, which trans- the cheaper power to most, if not all, of children too. But, instead of fixing the ferred other Bureau of Rec facilities to the Kentucky distributors. The legisla- problem, and fixing it will not be easy, Northern. The projects involved in the tion removes this restriction and pro- we only succeeded in making it bigger, proposed title transfer are those single- vides the FERC with the authority to more unstable, more complicated, and purpose water conveyance facilities require TVA to transmit power to all much, much more expensive. used for the distribution of water re- Kentucky distributors. The Committee for Economic Devel- leased from Carter Lake Reservoir: the In addition to allowing Kentucky opment, the Concord Coalition, and the St. Vrain Supply Canal; the Boulder customers to access less expensive Center on Budget and Policy Priorities Feed Canal; the Boulder Creek Supply power, the legislation would not harm jointly stated that, ‘‘without a change Canal; and the South Platte Supply TVA or result in higher rates to TVA’s in current (fiscal) policies, the federal Canal. remaining customers. The Kentucky government can expect to run a cumu- The entire project, called the Colo- distributors, in total, constitute only lative deficit of $5 trillion over the rado-Big Thompson Project, was built about 6 percent of TVA’s revenues and next 10 years.’’ They also stated that, from 1938 to 1957, and provides supple- load. Further, TVA is experiencing ‘‘after the baby boom generation starts mental water to more than 30 cities load growth of about 3 percent per year to retire in 2008, the combination of de- and towns. The water is used to help ir- which should quickly result in the re- mographic pressures and rising health rigate over 600,000 acres of north- placement of any load lost in Ken- care costs will result in the costs of eastern Colorado farmland. tucky. Thus, the departure of some Medicare, Medicaid and Social Secu- The proposed legislation will divest portion of the Kentucky distributors rity growing faster than the economy. Reclamation of all present and future should not result in any significant We project that by the time today’s responsibility for and cost associated cost shift to remaining TVA system newborns reach 40 years of age, the with the management, operation, customers. cost of these three programs as a per- maintenance, repair, rehabilitation All Kentuckians deserve to choose centage of the economy will more than and replacement of, and liability for where they receive their power. This double—from 8.5 percent of the GDP to the transferred facilities. This respon- bill will not only give them that over 17 percent. sibility will become that of the North- choice, but it will also create a more Additionally, the Congressional ern Colorado Water Conservancy Dis- competitive environment among Ken- Budget Office has issued warnings trict. tucky distributors and allow our busi- about the dangers that lie ahead if we The legislation will eliminate the du- nesses and residential consumers to continue to spend in this manner. In a plication of efforts between the Dis- keep more money in their pockets. report issued at the beginning of the trict and Reclamation in issuing and year, CBO stated that, because of ris- administering crossing licenses and By Mr. CORZINE: ing health care costs and an aging pop- other forms of permission to utilize the S. 1502. A bill to clarify the applica- ulation, ‘‘spending on entitlement pro- land on which the facilities are lo- bility of State law to national banks grams—especially Medicare, Medicaid cated. Finally, the legislation will pro- and Federal savings associations, and and Social Security—will claim a vide for enhanced local control over for other purposes; to the Committee sharply increasing share ofthe nation’s water facilities that are not of national on Banking, Housing, and Urban Af- economic output over the coming dec- importance, and allow these facilities fairs. ades.’’ The report went on to say that, to be used for more efficient and effec- Mr. CORZINE. Mr. President, I rise ‘‘unless taxation reaches levels that tive water management. Local control, today to introduce legislation, the are unprecedented in the United especially in the case of matters in re- Preservation of Federalism in Banking States, current spending policies will lation to water, has always been a Act, to clarify the relationship between

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.042 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8961 State consumer protection laws and general, banking supervisors, and Act of Congress, including the Gramm- national banks. many consumer advocacy groups, not Leach-Bliley Act, the Consumer Credit Pro- This legislation responds to a sweep- to mention the public. The OCC re- tection Act, and the Real Estate Settlement ing new rule issued by the Office of the ceived over 2,600 letters in response to Procedures Act, that explicitly or by impli- cation, permits States to exceed or supple- Comptroller of the Currency, the agen- its rules, and more than 90 percent opment the requirements of any comparable cy that regulates national banks. The posed them. Federal law, OCC’s new rule gives the agency un- The Preservation of Federalism in shall apply to any national bank. precedented authority to pre-empt Banking Act is a reasonable response ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not state laws, thereby shielding national to the OCC rule. The bill will clarify apply with respect to any State law if— banks and their non-bank and state- that national banks must comply with ‘‘(A) the State law discriminates against chartered bank affiliates from many certain state consumer protection national banks; or important consumer protections. It laws, such as anti-predatory lending ‘‘(B) State law is inconsistent with provisions of Federal law other than this title also potentially limits the ability of laws and privacy acts. While the OCC has long had the stat- LXII, but only to the extent of the inconsist- states to enforce many related laws. ency (as determined in accordance with the The most important immediate con- utory responsibility to regulate the ac- provision of the other Federal Law). sequence of the OCC rule has been the tivities of national banks, it has never ‘‘(d) STATE LAWS PROTECTING AGAINST preemption of state anti-predatory denied the ability of States to protect PREDATORY MORTGAGE LOANS.—To the ex- lending laws. their citizens. The OCC historically has tent not otherwise addressed in this section, I feel strongly about the need to ad- used its authority under the National State laws providing greater protection in Bank Act in a reasonable way to shield high cost mortgage loans, however denomi- dress predatory lending, which can trap nated, both in coverage and content, than is people in endless cycles of debt and es- national banks from State banking provided under the Truth in Lending Act (in- calating fees. Many States, such as my laws that intrude on the OCC’s con- cluding the provisions amended by the Home own state of New Jersey, have enacted gressionally-granted powers. While we Ownership and Equity Protection Act of tough laws to deal with the problem. should continue to support the appro- 1994) shall apply to any national bank. Unfortunately, the OCC’s ruling sub- priate use of the agency’s authority, it ‘‘(e) COMPARABLE FEDERAL REGULATION RE- is important that we immediately in- QUIRED.—In relation to the regulation of con- stantially undermines these laws by sumer credit and deposit transactions, the regulatory fiat. That will leave many tervene to reverse the OCC’s regulatory Comptroller may preempt State law pursu- consumers unprotected, and it shifts overreach and prevent the agency from ant to this title only when there is a com- too many responsibilities to a single preemption all state consumer protec- parable Federal statute, or regulations pur- agency here in Washington that is not tion laws and State authority to en- suant to a Federal statute other than this equipped to handle them. After all, ac- force related laws. title, expressly governing the activity, ex- cording to its own website, the OCC I ask unanimous consent that the cept in relation to interest pursuant to sec- text of the legislation be printed in the tion 5197. ‘‘does not have the mandate to engage ‘‘(f) NO NEGATIVE IMPLICATIONS FOR APPLI- RECORD. in consumer advocacy’’. CABILITY OF OTHER STATE LAWS.—No provi- Although the OCC has a long and suc- There being no objection, the bill was sion of this section shall be construed as al- cessful record of regulating for safety ordered to be printed in the RECORD, as tering or affecting the applicability, to na- and soundness, it has little experience follows: tional banks, of any State law which is not dealing with abusive local practices, S. 1502 described in this section. Be it enacted by the Senate and House of Rep- ‘‘(g) EFFECT OF TRANSFER OF TRANS- such as predatory lending. Believe it or ACTION.—A transaction that is not entitled not, the OCC actually is proposing to resentatives of the United States of America in Congress assembled, to preemption at the time of the origination handle all consumer complaints of the transaction does not become entitled SECTION 1. SHORT TITLE. to preemption under this title by virtue of through a single, lightly staffed call This Act may be cited as the ‘‘Preservation its subsequent acquisition by a national center in Houston. This is totally unre- of Federalism in Banking Act’’. alistic. Each year, State officials re- bank. TITLE I—NATIONAL BANKS ‘‘(h) DENIAL OF PREEMPTION NOT A DEPRI- ceive thousands of related complaints, SEC. 101. STATE LAW PREEMPTION STANDARDS VATION OF A CIVIL RIGHT.—The preemption of which usually are very local in nature. FOR NATIONAL BANKS CLARIFIED. any provision of the law of any State with These officials are at the forefront of (a) IN GENERAL.—Chapter One of title LXII respect to any national bank shall not be the enforcement effort, identifying and of the Revised Statutes of the United States treated as a right, privilege, or immunity for combating new practices as they arise. (12 U.S.C. 21 et seq.) is amended by inserting purposes of section 1979 of the Revised Stat- The OCC’s system simply could not fill after section 5136B the following new section: utes of the United States (42 U.S.C. 1983). ‘‘(i) DEFINITION.—For purposes of this sec- this role without major changes. ‘‘SEC. 5136C. STATE LAW PREEMPTION STAND- ARDS FOR NATIONAL BANKS AND tion, the terms ‘includes’ and ‘including’ The OCC rule also raises concerns SUBSIDIARIES CLARIFIED. have the same meaning as in section 3(t) of about regulatory charter competition, ‘‘(a) STATE CONSUMER LAWS OF GENERAL the Federal Deposit Insurance Act.’’. the viability of a broad range of State APPLICATION.— (b) CLERICAL AMENDMENT.—The table of laws, and the ability of consumers and ‘‘(1) IN GENERAL.—Notwithstanding any sections for chapter One of title LXII of the State officials to seek remedies in other provision of Federal law, any consumer Revised Statutes of the United States is court. This concern is only reinforced protection in State consumer law of general amended by inserting after the item relating to section 5136B the following new item: by two other developments. application (including any law relating to unfair or deceptive acts or practices, any ‘‘5136C. State law preemption standards for First is a general counsel opinion by consumer fraud law and repossession, fore- national banks and subsidiaries the Office of Thrift Supervision that closure, and collection) shall apply to any clarified’’. attempts to extend federal preemption national bank. SEC. 102. VISITORIAL STANDARDS. beyond a thrift’s corporate family. ‘‘(2) NATIONAL BANK DEFINED.—For purposes Section 5136C of the Revised Statutes of That effort would nullify the applica- of this section, the term ‘national bank’ in- the United States (as added by section 101(a) tion of state consumer protection laws cludes any Federal branch established in ac- of this Act) is amended by adding at the end over independent, third-party agents of cordance with the International Banking Act the following new subsections: federal thrifts, and is particularly of 1978. ‘‘(j) VISITORIAL POWERS.—No provision of ‘‘(b) STATE LAWS RELATED TO LAWS USED this title which relates to visitorial powers threatening to state insurance and se- BY NATIONAL BANKS FOR THEIR BENEFIT.— or otherwise limits or restricts the super- curities efforts. When a national bank avails itself of a State visory, examination, or regulatory authority And second is the FDIC’s consider- law for its benefit, all related consumer pro- to which any national bank is subject shall ation of a rule that would allow State- tections in State law shall apply. be construed as limiting or restricting the chartered banks the same preemptive ‘‘(c) STATE BANKING LAWS ENACTED PURSU- authority of any attorney general (or other privileges for out-of-State branches as ANT TO FEDERAL LAW.— chief law enforcement officer) of any State those of national banks. These two re- ‘‘(1) IN GENERAL.—Notwithstanding any to bring any action in any court of appro- other provision of Federal law and except as priate jurisdiction— cent developments only reinforce con- provided in paragraph (2), any State law ‘‘(1) to enforce any applicable Federal or cerns of a ‘‘race to the bottom’’ sce- that— State law, as authorized by such law; or nario. ‘‘(A) is applicable to State banks; and ‘‘(2) on behalf of residents of such State, to The OCC rule has provoked strong ‘‘(B) was enacted pursuant to or in accord- enforce any applicable provision of any Fed- opposition from governors, attorneys ance with, and is not inconsistent with, an eral or State law against a national bank, as

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.046 S26JYPT1 S8962 CONGRESSIONAL RECORD — SENATE July 26, 2005 authorized by such law, or to seek relief and (B) The total number of consumer com- Act of Congress, including the Gramm- recover damages for such residents from any plaints received during the reporting period Leach-Bliley Act, the Consumer Credit Pro- violation of any such law by any national that are based on each of the following: tection Act, and the Real Estate Settlement bank. (i) Each title of the Consumer Credit Pro- Procedures Act, that explicitly or by impli- ‘‘(k) ENFORCEMENT ACTIONS.—The ability of tection Act (reported as a separate aggregate cation, permits States to exceed or supple- the Comptroller to bring an enforcement ac- number for each such title). ment the requirements of any comparable tion under this title or section 5 of the Fed- (ii) The Truth in Savings Act. Federal law, eral Trade Commission Act does not preclude (iii) The Right to Financial Privacy Act of shall apply to any Federal savings associa- private parties from enforcing rights granted 1978. tion. under Federal or State law in the courts.’’. (iv) The Expedited Funds Availability Act. ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not SEC. 103. CLARIFICATION OF LAW APPLICABLE (v) The Community Reinvestment Act of apply with respect to any State law if— TO STATE-CHARTERED NONDEPOSI- 1977. ‘‘(A) the State law discriminates against TORY INSTITUTION SUBSIDIARIES. (vi) The Bank Protection Act of 1968. Federal savings associations; or Section 5136C of the Revised Statutes of (vii) Title LXII of the Revised Statutes of ‘‘(B) the State law is inconsistent with pro- the United States (as added by section 101(a) the United States. visions of Federal law other than this Act, of this Act) is amended by inserting after (viii) The Federal Deposit Insurance Act. but only to the extent of the inconsistency subsection (k) (as added by section 102) the (ix) The Real Estate Settlement Proce- (as determined in accordance with the provi- following new subsection: dures Act of 1974. sion of the other Federal law). ‘‘(l) CLARIFICATION OF LAW APPLICABLE TO ‘‘(d) STATE LAWS PROTECTING AGAINST NONDEPOSITORY INSTITUTION SUBSIDIARIES (x) The Home Mortgage Disclosure Act of PREDATORY MORTGAGE LOANS.—To the ex- AND AFFILIATES OF NATIONAL BANKS; DEFINI- 1975. tent not otherwise addressed in this section, TIONS.— (xi) Any other Federal law. State laws providing greater protection in ‘‘(1) IN GENERAL.—No provision of this title (xii) State consumer protection laws (re- high cost mortgage loans, however denomi- shall be construed as preempting the appli- ported as a separate aggregate number for nated, both in coverage and content, than is cability of State law to any State-chartered each State and each State consumer protec- provided under the Truth in Lending Act (in- nondepository institution, subsidiary, other tion law). cluding the provisions amended by the Home affiliate, or agent of a national bank. (xiii) Any other State law (reported sepa- Ownership and Equity Protection Act of ‘‘(2) DEFINITIONS.—For purposes of this sec- rately for each State and each State law). 1994) shall apply to any Federal savings asso- tion, the following definitions shall apply: (C) A summary description of the resolu- ciation. EPOSITORY INSTITUTION SUBSIDIARY tion efforts by the Comptroller for com- ‘‘(A) D , , ‘‘(e) COMPARABLE FEDERAL REGULATION RE- AFFILIATE.—The terms ‘depository institu- plaints received during the period covered, including— QUIRED.—In relation to the regulation of con- tion’, ‘subsidiary’, and ‘affiliate’ have the sumer credit and deposit transactions, the same meanings as in section 3 of the Federal (i) the average amount of time to resolve each complaint; Director of the Office of Thrift Supervision Deposit Insurance Act. may preempt State law pursuant to this Act ‘‘(B) NONDEPOSITORY INSTITUTION.—The (ii) the median period of time to resolve each complaint; only when there is a comparable Federal term ‘nondepository institution’ means any statute, or regulations pursuant to a Federal entity that is not a depository institution.’’. (iii) the average and median time to resolve complaints in each category of com- statute other than this Act, expressly gov- SEC. 104. DATA COLLECTION AND REPORTING. erning the activity, except in relation to in- (a) COLLECTING AND MONITORING CONSUMER plaints described in each clause of subparagraph (B); and terest pursuant to section 4(g). COMPLAINTS.— ‘‘(f) NO NEGATIVE IMPLICATIONS FOR APPLI- (iv) a summary description of the longest (1) IN GENERAL.—The Comptroller of the CABILITY OF OTHER STATE LAWS.—No provi- outstanding complaint during the reporting Currency shall record and monitor each com- sion of this section shall be construed as al- period and the reason for the difficulty in re- plaint received directly or indirectly from a tering or affecting the applicability, to Fed- solving such complaint in a more timely consumer regarding a national bank or any eral savings associations, of any State law fashion. subsidiary of a national bank and record the which is not described in this section. (3) DISCLOSURE OF REPORT ON OCC resolution of the complaint. ‘‘(g) EFFECT OF TRANSFER OF TRANS- WEBSITE.—Each report submitted to the Con- (2) FACTORS TO BE INCLUDED.—In carrying ACTION.—A transaction that is not entitled gress under this subsection shall be posted, out the requirements of paragraph (1), the to preemption at the time of the origination by the Comptroller of the Currency, in a Comptroller of the Currency shall include— of the transaction does not become entitled timely fashion and maintained on the (A) the date the consumer complaint was to preemption under this Act by virtue of its website of the Office of the Comptroller of received; subsequent acquisition by a Federal savings the Currency on the World Wide Web. (B) the nature of the complaint; association. (C) when and how the complaint was re- TITLE II—SAVINGS ASSOCIATIONS ‘‘(h) DENIAL OF PREEMPTION NOT A DEPRI- solved, including a brief description of the SEC. 201. STATE LAW PREEMPTION STANDARDS VATION OF A CIVIL RIGHT.—The preemption of extent, and the results, of the investigation FOR FEDERAL SAVINGS ASSOCIA- any provision of the law of any State with made by the Comptroller into the complaint, TIONS CLARIFIED. respect to any Federal savings association a brief description of any notices given and (a) IN GENERAL.—The Home Owners’ Loan shall not be treated as a right, privilege, or inquiries made to any other Federal or State Act (12 U.S.C. 1461 et seq.) is amended by in- immunity for purposes of section 1979 of the officer or agency in the course of the inves- serting after section 5 the following new sec- Revised Statutes of the United States (42 tigation or resolution of the complaint, a tion: U.S.C. 1983). summary of the enforcement action taken ‘‘SEC. 6. STATE LAW PREEMPTION STANDARDS ‘‘(i) DEFINITION.—For purposes of this sec- upon completion of the investigation, and a FOR FEDERAL SAVINGS ASSOCIA- tion, the terms ‘includes’ and ‘including’ TIONS AND AFFILIATES CLARIFIED. summary of the results of subsequent peri- have the same meaning as in section 3(t) of ‘‘(a) STATE CONSUMER LAWS OF GENERAL odic reviews by the Comptroller of the ex- the Federal Deposit Insurance Act.’’. APPLICATION.—Notwithstanding any other (b) CLERICAL AMENDMENT.—The table of tent and nature of compliance by the na- provision of Federal law, any consumer pro- tional bank or subsidiary with the enforce- sections for the Home Owners’ Loan Act (12 tection in State consumer law of general ap- U.S.C. 1461 et seq.) is amended by striking ment action; and plication (including any law relating to un- the item relating to section 6 and inserting (D) if the complaint involves any alleged fair or deceptive acts or practices, any con- the following new item: violation of a State law (whether or not Fed- sumer fraud law and repossession, fore- eral law preempts the application of such closure, and collection) shall apply to any ‘‘6. State law preemption standards for Fed- State law to such national bank) by such Federal savings association. eral savings associations and bank, a cite to and a description of the State ‘‘(b) STATE LAWS RELATED TO LAWS USED affiliates clarified’’. law that formed the basis of the complaint. BY FEDERAL SAVINGS ASSOCIATIONS FOR SEC. 202. VISITORIAL STANDARDS. (b) REPORT TO THE CONGRESS.— THEIR BENEFIT.—When a Federal savings as- Section 6 of the Home Owners’ Loan Act (1) PERIODIC REPORTS REQUIRED.—The sociation avails itself of a State law for its (as added by section 201(a) of this title) is Comptroller of the Currency shall submit a benefit, all related consumer protections in amended by adding at the end the following report semi-annually to the Congress on the State law shall apply. new subsections: consumer protection efforts of the Office of ‘‘(c) STATE BANKING OR THRIFT LAWS EN- ‘‘(j) VISITORIAL POWERS.—No provision of the Comptroller of the Currency. ACTED PURSUANT TO FEDERAL LAW.— this Act shall be construed as limiting or re- (2) CONTENTS OF REPORT.—Each report sub- ‘‘(1) IN GENERAL.—Notwithstanding any stricting the authority of any attorney gen- mitted under paragraph (1) shall include the other provision of Federal law and except as eral (or other chief law enforcement officer) following: provided in paragraph (2), any State law of any State to bring any action in any court (A) The total number of consumer com- that— of appropriate jurisdiction— plaints received by the Comptroller during ‘‘(A) is applicable to State savings associa- ‘‘(1) to enforce any applicable Federal or the period covered by the report with respect tions (as defined in section 3 of the Federal State law, as authorized by such law; or to alleged violations of consumer protection Deposit Insurance Act); and ‘‘(2) on behalf of residents of such State, to laws by national banks and subsidiaries of ‘‘(B) was enacted pursuant to or in accord- enforce any applicable provision of any Fed- national banks. ance with, and is not inconsistent with, an eral or State law against a Federal savings

VerDate Aug 04 2004 03:32 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.034 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8963 association, as authorized by such law, or to period covered by the report with respect to prehensive recommendations. The seek relief and recover damages for such alleged violations of consumer protection President has also proposed some very residents from any violation of any such law laws by Federal savings associations and constructive policy initiatives. We by any Federal savings association. subsidiaries of Federal savings associations. took all of these proposals into account ‘‘(k) ENFORCEMENT ACTIONS.—The ability of (B) The total number of consumer com- the Director of the Office of Thrift Super- plaints received during the reporting period when we wrote this bill. vision to bring an enforcement action under that are based on each of the following: The legislation we propose today will this Act or section 5 of the Federal Trade (i) Each title of the Consumer Credit Pro- build upon our record of accomplish- Commission Act does not preclude private tection Act (reported as a separate aggregate ment on health care. The Republican parties from enforcing rights granted under number for each such title). Congress has created a Medicare drug Federal or State law in the courts.’’. (ii) The Truth in Savings Act. SEC. 203. CLARIFICATION OF LAW APPLICABLE benefit for seniors, made tax-free, port- (iii) The Right to Financial Privacy Act of able Health Savings Accounts available TO STATE-CHARTERED NONDEPOSI- 1978. TORY INSTITUTION SUBSIDIARIES. (iv) The Expedited Funds Availability Act. to all Americans, and has begun the Section 6 of the Home Owners’ Loan Act (v) The Community Reinvestment Act of process of moving our medical system (as added by section 201(a) of this title) is 1977. into the information age. amended by inserting after subsection (k) (as (vi) The Bank Protection Act of 1968. added by section 202) the following new sub- This week, we will pass and send to (vii) Title LXII of the Revised Statutes of section: the President a long-overdue measure the United States. ‘‘(l) CLARIFICATION OF LAW APPLICABLE TO to encourage doctors and hospitals to (viii) The Federal Deposit Insurance Act. NONDEPOSITORY INSTITUTION AFFILIATES OF report medical errors voluntarily. The FEDERAL SAVINGS ASSOCIATIONS.— (ix) The Real Estate Settlement Proce- dures Act of 1974. measure will save lives, and it will im- ‘‘(1) IN GENERAL.—No provision of this Act prove health care quality. shall be construed as preempting the appli- (x) The Home Mortgage Disclosure Act of cability of State law to any State-chartered 1975. But we still have more to do. nondepository institution, subsidiary, other (xi) Any other Federal law. The legislation we are proposing affiliate, or agent of a Federal savings asso- (xii) State consumer protection laws (re- today focuses on three broad areas: re- ciation. ported as a separate aggregate number for each State and each State consumer protec- ducing costs, expanding health cov- ‘‘(2) DEFINITIONS.—For purposes of this sec- erage, and improving the quality of tion, the following definitions shall apply: tion law). care. In this bill—‘‘The Healthy Amer- ‘‘(A) DEPOSITORY INSTITUTION, SUBSIDIARY, (xiii) Any other State law (reported sepa- AFFILIATE.—The terms ‘depository institu- rately for each State and each State law). ica Act of 2005’’—we provide com- tion’, ‘subsidiary’, and ‘affiliate’ have the (C) A summary description of the resolu- prehensive solutions that will improve same meanings as in section 3 of the Federal tion efforts by the Director for complaints health care for every American. received during the period covered, includ- Deposit Insurance Act. Let me begin by speaking about cost. ‘‘(B) NONDEPOSITORY INSTITUTION.—The ing— (i) the average amount of time to resolve Every year, Americans see their health term ‘nondepository institution’ means any care costs soar. Just 15 years ago, less entity that is not a depository institution.’’. each complaint; than 1 out of every 10 dollars Ameri- SEC. 204. DATA COLLECTION AND REPORTING. (ii) the median period of time to resolve (a) COLLECTING AND MONITORING CONSUMER each complaint; cans spent went for health care. In 10 COMPLAINTS.— (iii) the average and median time to re- years, almost one out of every five dol- (1) IN GENERAL.—The Director of the Office solve complaints in each category of com- lars you spend will go towards health of Thrift Supervision shall record and mon- plaints described in each clause of subpara- care. itor each complaint received directly or indi- graph (B); and (iv) a summary description of the longest Rising life expectancies and the cost rectly from a consumer regarding a Federal of new technologies, treatments, and savings association or any subsidiary of a outstanding complaint during the reporting Federal savings association and record the period and the reason for the difficulty in re- medical procedures all drive up costs. resolution of the complaint. solving such complaint in a more timely But we can do more to hold them in (2) FACTORS TO BE INCLUDED.—In carrying fashion. check. And we must. out the requirements of paragraph (1), the (3) DISCLOSURE OF REPORT ON OTS Rapidly rising health costs threaten WEBSITE.—Each report submitted to the Con- Director of the Office of Thrift Supervision our Nation’s small business owners, shall include— gress under this subsection shall be posted, by the Director of the Office of Thrift Super- and our largest corporations. They can (A) the date the consumer complaint was harm our economy; cost jobs, and hurt received; vision, in a timely fashion and maintained (B) the nature of the complaint; on the website of the Office of Thrift Super- Americans from all walks of life. Dur- (C) when and how the complaint was revision on the World Wide Web. ing the past few years, for example, solved, including a brief description of the health care costs have grown three to extent, and the results, of the investigation By Mr. FRIST (for himself, Mr. four times more quickly than wages. MCCONNELL, Mr. GREGG, Mr. made by the Director into the complaint, a First, we need to reform our broken ENZI, Ms. MURKOWSKI, and Mr. brief description of any notices given and in- medical liability system. Under our quiries made to any other Federal or State DEMINT): current medical system, doctors face officer or agency in the course of the inves- S. 1503. A bill to reduce healthcare enormous incentives to order unneces- tigation or resolution of the complaint, a costs, expand access to affordable sary tests and procedures simply to summary of the enforcement action taken healthcare coverage, and improve avoid the risk of lawsuits. upon completion of the investigation, and a healthcare and strengthen the health summary of the results of subsequent peri- It’s expensive, it’s wasteful, and un- odic reviews by the Comptroller of the ex- care safety net, and for other purposes; to the Committee on Finance. necessary, and, most of all, it’s dan- tent and nature of compliance by the Federal gerous. It needs to change and, under savings association or subsidiary with the Mr. FRIST. Mr. President, wherever I enforcement action; and travel, Americans tell me the same this bill, it will. (D) if the complaint involves any alleged things about our health care system: it Hospitals, doctors, patients, and in- violation of a State law (whether or not Fed- costs too much, leaves too many with- surers all shoulder some responsibility eral law preempts the application of such out insurance, and does too little to for rising costs. To keep costs down, we State law to such Federal savings associa- help those in need. need to put the patient at the heart of tion) by such savings association, a cite to America has the world’s best hos- health care. That’s why we propose re- and a description of the State law that forms to let patients own and control formed the basis of the complaint. pitals, doctors, nurses, and medical re- (b) REPORT TO THE CONGRESS.— search labs. But we do not always pro- privacy-protected electronic medical (1) PERIODIC REPORTS REQUIRED.—The Di- vide the best care. And we certainly do records, cut down on fraud in our Medi- rector of the Office of Thrift Supervision not provide it at an affordable price. care and Medicaid programs, reduce shall submit a report semi-annually to the We face real problems. And we need to medical errors, and reduce unnecessary Congress on the consumer protection efforts act. regulations and mandates. of the Office of Thrift Supervision. Two years ago, I appointed a task Lower costs alone will help many (2) CONTENTS OF REPORT.—Each report submitted under paragraph (1) shall include the force to investigate what Congress Americans get the care they need and following: could do. Under the leadership of Sen- deserve. But we also have to look at (A) The total number of consumer com- ator JUDD GREGG, the task force re- ways to cover more Americans who plaints received by the Director during the ported back with a series of com- would still find themselves left behind.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.034 S26JYPT1 S8964 CONGRESSIONAL RECORD — SENATE July 26, 2005 Through changes to tax laws, we can S. 1503 Sec. 212. Refundable credit for contributions make it easier for lower-income indi- Be it enacted by the Senate and House of Rep- to health savings accounts of viduals and small businesses to pur- resentatives of the United States of America in small business employees. chase affordable, high quality health Congress assembled, Subtitle C—Improvement of the Health insurance. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Coverage Tax Credit And we can also provide more options (a) SHORT TITLE.—This Act may be cited as Sec. 221. Change in State-based coverage for those who take charge of their own the ‘‘Healthy America Act of 2005’’. rules related to preexisting con- (b) TABLE OF CONTENTS.—The table of con- health care by making flexible spend- ditions. tents of this Act is as follows: Sec. 222. Eligibility of spouse of certain indi- ing accounts more flexible and health Sec. 1. Short title; table of contents. viduals entitled to medicare. savings accounts even more affordable Sec. 2. Findings. Sec. 223. Eligible PBGC pension recipient. for individuals and small businesses. TITLE I—MAKING HEALTH CARE MORE Sec. 224. Application of option to offer Finally, the Federal Government can AFFORDABLE State-based coverage to Puerto Rico, Northern Mariana Is- help support State high-risk pools that Subtitle A—Medical Liability Reform help provide health coverage to indi- lands, American Samoa, Guam, Sec. 101. Short title. viduals who couldn’t otherwise afford and the United States Virgin Is- Sec. 102. Findings and purpose. lands. care. Sec. 103. Encouraging speedy resolution of Sec. 225. Clarification of disclosure rules. America is a caring Nation and we claims. Sec. 226. Clarification that State-based must recognize that not everyone has Sec. 104. Compensating patient injury. COBRA continuation coverage equal ability to take care of his or her Sec. 105. Maximizing patient recovery. is subject to same rules as Fed- own health. That’s why we need to ex- Sec. 106. Additional health benefits. eral COBRA. pand our safety net for the truly needy. Sec. 107. Punitive damages. Sec. 227. Application of rules for other speci- Sec. 108. Authorization of payment of future Many of those without health insur- fied coverage to eligible alter- damages to claimants in health native taa recipients consistent ance—particularly children—qualify care lawsuits. for benefits under existing programs with rules for other eligible in- Sec. 109. Definitions. dividuals. but do not receive them. By providing Sec. 110. Effect on other laws. Subtitle D—Long-Term Care Insurance grants to faith-based and community Sec. 111. State flexibility and protection of organizations, we can help more fami- States’ rights. Sec. 231. Sense of the Senate concerning long-term care. lies sign up their children for available Sec. 112. Applicability; effective date. health coverage. Subtitle B—Health Information Technology Subtitle E—Other Provisions We also need to expand the avail- CHAPTER 1—GENERAL PROVISIONS Sec. 241. Disposition of unused health bene- ability of health care services to indi- Sec. 121. Improving health care, quality, fits in cafeteria plans and flexible spending arrangements. viduals in need by expanding Commu- safety, and efficiency. Sec. 122. HIPAA report. Sec. 242. Microentrepreneurs. nity Health Centers and Rural Health Sec. 243. Study on access to affordable Clinics to more rural areas and poor Sec. 123. Study of reimbursement incentives. health insurance for full-time counties. Sec. 124. Reauthorization of incentive grants college and university students. We should also act to make prescrip- regarding telemedicine. Sec. 244. Extension of funding for operation tion drugs more affordable for low-in- Sec. 125. Sense of the Senate on physician of State high risk health insur- come Americans and provide legal pro- payment. ance pools. tections and loan forbearance that will Sec. 126. Establishment of quality measure- Sec. 245. Sense of the senate on affordable health coverage for small em- make it easier for health care practi- ment systems for medicare value-based purchasing pro- ployers. tioners who volunteer their time and Subtitle F—Covering Kids services to provide needed care in com- grams. Sec. 127. Exception to Federal anti-kickback Sec. 251. Short title. munity health centers and free clinics. and physician self referral laws Sec. 252. Grants to promote innovative out- Every American should have health for the provision of permitted reach and enrollment under care that’s available, affordable, and support. medicaid and SCHIP. always there. CHAPTER 2—VALUE BASED PURCHASING Sec. 253. State option to provide for sim- And we must hold fast to this prin- Sec. 131. Value based purchasing programs. plified determinations of a ciple: patients should sit at the center child’s financial eligibility for Subtitle C—Patient Safety and Quality medical assistance under med- of the health care system, not the gov- Improvement ernment, not insurance companies, and icaid or child health assistance Sec. 141. Short title. under SCHIP. certainly not predatory trial lawyers. Sec. 142. Findings and purposes. The system should free providers to TITLE III—IMPROVING CARE AND Sec. 143. Amendments to Public Health STRENGTHENING THE SAFETY NET focus on caring for their patients: not Service Act. dealing with regulations, bureaucrats, Sec. 144. Studies and reports. Subtitle A—High Needs Areas or lawyers. Subtitle D—Fraud and Abuse Sec. 301. Purpose. Today, we’ve put forward a plan that Sec. 302. High need community health cen- Sec. 151. National expansion of the medi- ters. will take a major step towards cen- care-medicaid data match pilot Sec. 303. Grant application process. tering America’s health care system on program. Subtitle B—Qualified Integrated Health Care the patient. Subtitle E—Miscellaneous Provisions systems We have the vision for what Amer- Sec. 161. Sense of the Senate on establishing Sec. 321. Grants to qualified integrated ican health care should look like. Now a mandated benefits commis- health care systems. we only need the courage to make it sion. Subtitle C—Miscellaneous Provisions happen. Sec. 162. Enforcement of reimbursement Sec. 331. Community health center collabo- I want to thank Senator GREGG, and provisions by fiduciaries. rative access expansion. all of the members of the Task Force TITLE II—EXPANDING ACCESS TO AF- FORDABLE HEALTH COVERAGE Sec. 332. Improvements to section 340B pro- who worked so diligently on this legis- gram. lation. I also want to recognize the THROUGH TAX INCENTIVES AND OTHER INITIATIVES Sec. 333. Forbearance for student loans for contributions of the other cosponsors physicians providing services in Subtitle A—Refundable Health Insurance free clinics. of this legislation: Senators MITCH Credit MCCONNELL, MIKE ENZI, LISA MUR- Sec. 334. Amendments to the Public Health Sec. 201. Refundable health insurance costs Service Act relating to liabil- KOWSKI, and JIM DEMINT, I urge all of credit. my colleagues to join us in supporting ity. Sec. 202. Advance payment of credit to Sec. 335. Sense of the Senate concerning this bill. I ask unanimous consent that issuers of qualified health in- health disparities. the text of the bill be printed in the surance. SEC. 2. FINDINGS. RECORD. Subtitle B—High Deductible Health Plans Congress makes the following findings: There being no objection, the bill was and Health Savings Accounts (1) Health care costs are growing rapidly, ordered to be printed in the RECORD, as Sec. 211. Deduction of premiums for high de- putting health insurance and needed care out follows: ductible health plans. of reach for too many Americans.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.028 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8965 (2) Rapidly growing health care costs pose SEC. 103. ENCOURAGING SPEEDY RESOLUTION ney, and to redirect such damages to the a threat to the United States economy, as OF CLAIMS. claimant based upon the interests of justice they make American businesses less com- The time for the commencement of a and principles of equity. In no event shall petitive and make it more difficult to create health care lawsuit shall be 3 years after the the total of all contingent fees for rep- new jobs. date of manifestation of injury or 1 year resenting all claimants in a health care law- (3) Growing health care costs are compro- after the claimant discovers, or through the suit exceed the following limits: mising the stability of health care safety net use of reasonable diligence should have dis- (1) 40 percent of the first $50,000 recovered and entitlement programs. covered, the injury, whichever occurs first. by the claimant(s). (4) There are a series of steps Congress can In no event shall the time for commence- (2) 331⁄3 percent of the next $50,000 recov- and should take to slow the growth of health ment of a health care lawsuit exceed 3 years ered by the claimant(s). care costs, expand access to health coverage, after the date of manifestation of injury un- (3) 25 percent of the next $500,000 recovered and improve access to quality health care for less tolled for any of the following: by the claimant(s). millions of Americans. (1) Upon proof of fraud; (4) 15 percent of any amount by which the TITLE I—MAKING HEALTH CARE MORE (2) Intentional concealment; or recovery by the claimant(s) is in excess of AFFORDABLE (3) The presence of a foreign body, which $600,000. has no therapeutic or diagnostic purpose or (b) APPLICABILITY.—The limitations in sub- Subtitle A—Medical Liability Reform effect, in the person of the injured person. section (a) shall apply whether the recovery SEC. 101. SHORT TITLE. Actions by a minor shall be commenced is by judgment, settlement, mediation, arbi- This subtitle may be cited as the ‘‘Patients tration, or any other form of alternative dis- First Act of 2005’’. within 3 years from the date of the alleged manifestation of injury except that actions pute resolution. In a health care lawsuit in- SEC. 102. FINDINGS AND PURPOSE. by a minor under the full age of 6 years shall volving a minor or incompetent person, a (a) FINDINGS.— be commenced within 3 years of manifesta- court retains the authority to authorize or (1) EFFECT ON HEALTH CARE ACCESS AND tion of injury or prior to the minor’s 8th approve a fee that is less than the maximum COSTS.—Congress finds that our current civil permitted under this section. birthday, whichever provides a longer period. justice system is adversely affecting patient (c) EXPERT WITNESSES.— Such time limitation shall be tolled for mi- access to health care services, better patient (1) REQUIREMENT.—No individual shall be nors for any period during which a parent or care, and cost-efficient health care, in that qualified to testify as an expert witness con- guardian and a health care provider or the current health care liability system is a cerning issues of negligence in any health health care organization have committed costly and ineffective mechanism for resolv- care lawsuit against a defendant unless such fraud or collusion in the failure to bring an ing claims of health care liability and com- individual— action on behalf of the injured minor. pensating injured patients, and is a deterrent (A) except as required under paragraph (2), to the sharing of information among health SEC. 104. COMPENSATING PATIENT INJURY. is a health care professional who— care professionals which impedes efforts to (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- (i) is appropriately credentialed or licensed improve patient safety and quality of care. TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- in 1 or more States to deliver health care (2) EFFECT ON INTERSTATE COMMERCE.—Con- SUITS.—In any health care lawsuit, the full services; and gress finds that the health care and insur- amount of a claimant’s economic loss may (ii) typically treats the diagnosis or condi- ance industries are industries affecting be fully recovered without limitation. tion or provides the type of treatment under interstate commerce and the health care li- (b) ADDITIONAL NONECONOMIC DAMAGES.—In review; and ability litigation systems existing through- any health care lawsuit, the amount of non- (B) can demonstrate by competent evi- out the United States are activities that af- economic damages recovered may be as dence that, as a result of training, education, fect interstate commerce by contributing to much as $250,000, regardless of the number of knowledge, and experience in the evaluation, the high costs of health care and premiums parties against whom the action is brought diagnosis, and treatment of the disease or infor health care liability insurance purchased or the number of separate claims or actions jury which is the subject matter of the law- by health care system providers. brought with respect to the same occurrence. suit against the defendant, the individual (3) EFFECT ON FEDERAL SPENDING.—Con- (c) NO DISCOUNT OF AWARD FOR NON- was substantially familiar with applicable gress finds that the health care liability liti- ECONOMIC DAMAGES.—In any health care law- standards of care and practice as they relate gation systems existing throughout the suit, an award for future noneconomic dam- to the act or omission which is the subject of United States have a significant effect on ages shall not be discounted to present the lawsuit on the date of the incident. the amount, distribution, and use of Federal value. The jury shall not be informed about (2) PHYSICIAN REVIEW.—In a health care funds because of— the maximum award for noneconomic dam- lawsuit, if the claim of the plaintiff involved (A) the large number of individuals who re- ages. An award for noneconomic damages in treatment that is recommended or provided ceive health care benefits under programs excess of $250,000 shall be reduced either be- by a physician (allopathic or osteopathic), an operated or financed by the Federal Govern- fore the entry of judgment, or by amendment individual shall not be qualified to be an ex- ment; of the judgment after entry of judgment, and pert witness under this subsection with re- (B) the large number of individuals who such reduction shall be made before account- spect to issues of negligence concerning such benefit because of the exclusion from Fed- ing for any other reduction in damages re- treatment unless such individual is a physi- eral taxes of the amounts spent to provide quired by law. If separate awards are ren- cian. them with health insurance benefits; and dered for past and future noneconomic dam- (3) SPECIALTIES AND SUBSPECIALTIES.—With (C) the large number of health care pro- ages and the combined awards exceed respect to a lawsuit described in paragraph viders who provide items or services for $250,000, the future noneconomic damages (1), a court shall not permit an expert in one which the Federal Government makes pay- shall be reduced first. medical specialty or subspecialty to testify ments. (d) FAIR SHARE RULE.—In any health care against a defendant in another medical spe- (b) PURPOSE.—It is the purpose of this sub- lawsuit, each party shall be liable for that cialty or subspecialty unless, in addition to title to implement reasonable, comprehen- party’s several share of any damages only a showing of substantial familiarity in ac- sive, and effective health care liability re- and not for the share of any other person. cordance with paragraph (1)(B), there is a forms designed to— Each party shall be liable only for the showing that the standards of care and prac- (1) improve the availability of health care amount of damages allocated to such party tice in the two specialty or subspecialty services in cases in which health care liabil- in direct proportion to such party’s percent- fields are similar. age of responsibility. A separate judgment ity actions have been shown to be a factor in (4) LIMITATION.—The limitations in this the decreased availability of services; shall be rendered against each such party for subsection shall not apply to expert wit- (2) reduce the incidence of ‘‘defensive medi- the amount allocated to such party. For pur- nesses testifying as to the degree or perma- cine’’ and lower the cost of health care li- poses of this section, the trier of fact shall nency of medical or physical impairment. determine the proportion of responsibility of ability insurance, all of which contribute to SEC. 106. ADDITIONAL HEALTH BENEFITS. each party for the claimant’s harm. the escalation of health care costs; (a) IN GENERAL.—The amount of any dam- (3) ensure that persons with meritorious SEC. 105. MAXIMIZING PATIENT RECOVERY. ages received by a claimant in any health health care injury claims receive fair and (a) COURT SUPERVISION OF SHARE OF DAM- care lawsuit shall be reduced by the court by adequate compensation, including reason- AGES ACTUALLY PAID TO CLAIMANTS.—In any the amount of any collateral source benefits able noneconomic damages; health care lawsuit, the court shall supervise to which the claimant is entitled, less any (4) improve the fairness and cost-effective- the arrangements for payment of damages to insurance premiums or other payments made ness of our current health care liability sys- protect against conflicts of interest that by the claimant (or by the spouse, parent, tem to resolve disputes over, and provide may have the effect of reducing the amount child, or legal guardian of the claimant) to compensation for, health care liability by re- of damages awarded that are actually paid to obtain or secure such benefits. ducing uncertainty in the amount of com- claimants. In particular, in any health care (b) PRESERVATION OF CURRENT LAW.— pensation provided to injured individuals; lawsuit in which the attorney for a party Where a payor of collateral source benefits (5) provide an increased sharing of informa- claims a financial stake in the outcome by has a right of recovery by reimbursement or tion in the health care system which will re- virtue of a contingent fee, the court shall subrogation and such right is permitted duce unintended injury and improve patient have the power to restrict the payment of a under Federal or State law, subsection (a) care. claimant’s damage recovery to such attor- shall not apply.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.029 S26JYPT1 S8966 CONGRESSIONAL RECORD — SENATE July 26, 2005

(c) APPLICATION OF PROVISION.—This sec- sufficient insurance or other assets to fund a loss of past and future earnings, cost of ob- tion shall apply to any health care lawsuit periodic payment of such a judgment, the taining domestic services, loss of employ- that is settled or resolved by a fact finder. court shall, at the request of any party, ment, and loss of business or employment SEC. 107. PUNITIVE DAMAGES. enter a judgment ordering that the future opportunities. (a) IN GENERAL.—Punitive damages may, if damages be paid by periodic payments in ac- (7) HEALTH CARE LAWSUIT.—The term otherwise permitted by applicable State or cordance with the Uniform Periodic Pay- ‘‘health care lawsuit’’ means any health care Federal law, be awarded against any person ment of Judgments Act promulgated by the liability claim concerning the provision of in a health care lawsuit only if it is proven National Conference of Commissioners on health care goods or services affecting inter- by clear and convincing evidence that such Uniform State Laws. state commerce, or any health care liability person acted with malicious intent to injure (b) APPLICABILITY.—This section applies to action concerning the provision of health the claimant, or that such person delib- all actions which have not been first set for care goods or services affecting interstate erately failed to avoid unnecessary injury trial or retrial before the effective date of commerce, brought in a State or Federal that such person knew the claimant was sub- this Act. court or pursuant to an alternative dispute stantially certain to suffer. In any health SEC. 109. DEFINITIONS. resolution system, against a health care pro- care lawsuit where no judgment for compen- In this subtitle: vider, a health care organization, or the manufacturer, distributor, supplier, mar- satory damages is rendered against such per- (1) ALTERNATIVE DISPUTE RESOLUTION SYS- keter, promoter, or seller of a medical prod- son, no punitive damages may be awarded TEM; ADR.—The term ‘‘alternative dispute uct, regardless of the theory of liability on with respect to the claim in such lawsuit. No resolution system’’ or ‘‘ADR’’ means a sys- which the claim is based, or the number of demand for punitive damages shall be in- tem that provides for the resolution of claimants, plaintiffs, defendants, or other cluded in a health care lawsuit as initially health care lawsuits in a manner other than parties, or the number of claims or causes of filed. A court may allow a claimant to file an through a civil action brought in a State or action, in which the claimant alleges a amended pleading for punitive damages only Federal court. health care liability claim. upon a motion by the claimant and after a (2) CLAIMANT.—The term ‘‘claimant’’ (8) HEALTH CARE LIABILITY ACTION.—The finding by the court, upon review of sup- means any person who brings a health care term ‘‘health care liability action’’ means a porting and opposing affidavits or after a lawsuit, including a person who asserts or civil action brought in a State or Federal hearing, after weighing the evidence, that claims a right to legal or equitable contribu- Court or pursuant to an alternative dispute the claimant has established by a substan- tion, indemnity or subrogation, arising out resolution system, against a health care pro- tial probability that the claimant will pre- of a health care liability claim or action, and vider, a health care organization, or the vail on the claim for punitive damages. At any person on whose behalf such a claim is manufacturer, distributor, supplier, mar- the request of any party in a health care asserted or such an action is brought, wheth- keter, promoter, or seller of a medical prod- lawsuit, the trier of fact shall consider in a er deceased, incompetent, or a minor. uct, regardless of the theory of liability on separate proceeding— (3) COLLATERAL SOURCE BENEFITS.—The which the claim is based, or the number of (1) whether punitive damages are to be term ‘‘collateral source benefits’’ means any plaintiffs, defendants, or other parties, or awarded and the amount of such award; and amount paid or reasonably likely to be paid the number of causes of action, in which the (2) the amount of punitive damages fol- in the future to or on behalf of the claimant, claimant alleges a health care liability lowing a determination of punitive liability. or any service, product or other benefit pro- claim. If a separate proceeding is requested, evi- vided or reasonably likely to be provided in (9) HEALTH CARE LIABILITY CLAIM.—The dence relevant only to the claim for punitive the future to or on behalf of the claimant, as term ‘‘health care liability claim’’ means a damages, as determined by applicable State a result of the injury or wrongful death, pur- demand by any person, whether or not pursu- law, shall be inadmissible in any proceeding suant to— ant to ADR, against a health care provider, to determine whether compensatory dam- (A) any State or Federal health, sickness, health care organization, or the manufac- ages are to be awarded. income-disability, accident, or workers’ turer, distributor, supplier, marketer, pro- (b) DETERMINING AMOUNT OF PUNITIVE DAM- compensation law; moter, or seller of a medical product, includ- AGES.— (B) any health, sickness, income-disability, ing, but not limited to, third-party claims, (1) FACTORS CONSIDERED.—In determining or accident insurance that provides health cross-claims, counter-claims, or contribution the amount of punitive damages, if awarded, benefits or income-disability coverage; claims, which are based upon the provision in a health care lawsuit, the trier of fact (C) any contract or agreement of any of, use of, or payment for (or the failure to shall consider only the following: group, organization, partnership, or corpora- provide, use, or pay for) health care services (A) the severity of the harm caused by the tion to provide, pay for, or reimburse the or medical products, regardless of the theory conduct of such party; cost of medical, hospital, dental, or income of liability on which the claim is based, or (B) the duration of the conduct or any con- disability benefits; and the number of plaintiffs, defendants, or other cealment of it by such party; (D) any other publicly or privately funded parties, or the number of causes of action. (C) the profitability of the conduct to such program. (10) HEALTH CARE ORGANIZATION.—The term party; (4) COMPENSATORY DAMAGES.—The term ‘‘health care organization’’ means any per- (D) the number of products sold or medical ‘‘compensatory damages’’ means objectively son or entity which is obligated to provide or procedures rendered for compensation, as the verifiable monetary losses incurred as a re- pay for health benefits under any health case may be, by such party, of the kind caus- sult of the provision of, use of, or payment plan, including any person or entity acting ing the harm complained of by the claimant; for (or failure to provide, use, or pay for) under a contract or arrangement with a (E) any criminal penalties imposed on such health care services or medical products, health care organization to provide or ad- party, as a result of the conduct complained such as past and future medical expenses, minister any health benefit. of by the claimant; and loss of past and future earnings, cost of ob- (11) HEALTH CARE PROVIDER.—The term (F) the amount of any civil fines assessed taining domestic services, loss of employ- ‘‘health care provider’’ means any person or against such party as a result of the conduct ment, and loss of business or employment entity required by State or Federal laws or complained of by the claimant. opportunities, damages for physical and regulations to be licensed, registered, or cer- (2) MAXIMUM AWARD.—The amount of puni- emotional pain, suffering, inconvenience, tified to provide health care services, and tive damages, if awarded, in a health care physical impairment, mental anguish, dis- being either so licensed, registered, or cer- lawsuit may be as much as $250,000 or as figurement, loss of enjoyment of life, loss of tified, or exempted from such requirement much as two times the amount of economic society and companionship, loss of consor- by other statute or regulation. damages awarded, whichever is greater. The tium (other than loss of domestic service), (12) HEALTH CARE GOODS OR SERVICES.—The jury shall not be informed of this limitation. hedonic damages, injury to reputation, and term ‘‘health care goods or services’’ means (c) NO PENALTIES FOR PROVIDERS IN COM- all other nonpecuniary losses of any kind or any goods or services provided by a health PLIANCE WITH FDA STANDARDS.—A health nature. The term ‘‘compensatory damages’’ care organization, provider, or by any indi- care provider who prescribes a medical prod- includes economic damages and non- vidual working under the supervision of a uct approved or cleared by the Food and economic damages, as such terms are defined health care provider, that relates to the di- Drug Administration shall not be named as a in this section. agnosis, prevention, or treatment of any party to a product liability lawsuit involving (5) CONTINGENT FEE.—The term ‘‘contin- human disease or impairment, or the assess- such product and shall not be liable to a gent fee’’ includes all compensation to any ment of the health of human beings. claimant in a class action lawsuit against person or persons which is payable only if a (13) MALICIOUS INTENT TO INJURE.—The the manufacturer, distributor, or seller of recovery is effected on behalf of one or more term ‘‘malicious intent to injure’’ means in- such product. claimants. tentionally causing or attempting to cause SEC. 108. AUTHORIZATION OF PAYMENT OF FU- (6) ECONOMIC DAMAGES.—The term ‘‘eco- physical injury other than providing health TURE DAMAGES TO CLAIMANTS IN nomic damages’’ means objectively care goods or services. HEALTH CARE LAWSUITS. verifiable monetary losses incurred as a re- (14) MEDICAL PRODUCT.—The term ‘‘medical (a) IN GENERAL.—In any health care law- sult of the provision of, use of, or payment product’’ means a drug or device intended for suit, if an award of future damages, without for (or failure to provide, use, or pay for) humans, and the terms ‘‘drug’’ and ‘‘device’’ reduction to present value, equaling or ex- health care services or medical products, have the meanings given such terms in sec- ceeding $50,000 is made against a party with such as past and future medical expenses, tions 201(g)(1) and 201(h) of the Federal Food,

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.029 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8967 Drug and Cosmetic Act (21 U.S.C. 321), re- (2) prohibits the introduction of evidence bia, Puerto Rico, the Virgin Islands, Guam, spectively, including any component or raw regarding collateral source benefits, or man- American Samoa, and the Northern Mariana material used therein, but excluding health dates or permits subrogation or a lien on col- Islands. care services. lateral source benefits. ‘‘SEC. 2902. OFFICE OF THE NATIONAL COORDI- (15) NONECONOMIC DAMAGES.—The term (b) PROTECTION OF STATES’ RIGHTS.—Any NATOR OF HEALTH INFORMATION ‘‘noneconomic damages’’ means damages for issue that is not governed by any provision TECHNOLOGY. physical and emotional pain, suffering, in- of law established by or under this subtitle ‘‘(a) OFFICE OF NATIONAL HEALTH INFORMA- convenience, physical impairment, mental (including State standards of negligence) TION TECHNOLOGY.—There is established anguish, disfigurement, loss of enjoyment of shall be governed by otherwise applicable within the Office of the Secretary an Office life, loss of society and companionship, loss State or Federal law. This subtitle does not of the National Coordinator of Health Infor- of consortium (other than loss of domestic preempt or supersede any law that imposes mation Technology (referred to in this sec- service), hedonic damages, injury to reputa- greater protections (such as a shorter stat- tion as the ‘Office’). The Office shall be head- tion, and all other nonpecuniary losses of ute of limitations) for health care providers ed by a National Coordinator who shall be any kind or nature. and health care organizations from liability, appointed by the Secretary, in consultation with the President, and shall report directly (16) PUNITIVE DAMAGES.—The term ‘‘puni- loss, or damages than those provided by this to the Secretary. tive damages’’ means damages awarded, for subtitle. (c) STATE FLEXIBILITY.—No provision of ‘‘(b) Purpose.—It shall be the purpose of the purpose of punishment or deterrence, and the Office to coordinate with relevant Fed- not solely for compensatory purposes, this subtitle shall be construed to preempt— (1) any State law (whether effective before, eral agencies and oversee programs and ac- against a health care provider, health care tivities to develop a nationwide interoper- organization, or a manufacturer, distributor, on, or after the date of the enactment of this subtitle) that specifies a particular mone- able health information technology infra- or supplier of a medical product. Punitive structure that— damages are neither economic nor non- tary amount of compensatory or punitive damages (or the total amount of damages) ‘‘(1) ensures that patients’ individually economic damages. identifiable health information is secure and (17) RECOVERY.—The term ‘‘recovery’’ that may be awarded in a health care lawsuit, regardless of whether such monetary protected; means the net sum recovered after deducting ‘‘(2) improves health care quality, reduces any disbursements or costs incurred in con- amount is greater or lesser than is provided for under this subtitle, notwithstanding sec- medical errors, and advances the delivery of nection with prosecution or settlement of patient-centered medical care; the claim, including all costs paid or ad- tion 104(a); or (2) any defense available to a party in a ‘‘(3) reduces health care costs resulting vanced by any person. Costs of health care from inefficiency, medical errors, inappro- incurred by the plaintiff and the attorneys’ health care lawsuit under any other provision of State or Federal law. priate care, and incomplete information; office overhead costs or charges for legal ‘‘(4) ensures that appropriate information SEC. 112. APPLICABILITY; EFFECTIVE DATE. services are not deductible disbursements or to help guide medical decisions is available costs for such purpose. This subtitle shall apply to any health care lawsuit brought in a Federal or State court, at the time and place of care; (18) STATE.—The term ‘‘State’’ means each ‘‘(5) promotes a more effective market- of the several States, the District of Colum- or subject to an alternative dispute resolution system, that is initiated on or after the place, greater competition, and increased bia, the Commonwealth of Puerto Rico, the choice through the wider availability of ac- Virgin Islands, Guam, American Samoa, the date of the enactment of this Act, except that any health care lawsuit arising from an curate information on health care costs, Northern Mariana Islands, the Trust Terri- quality, and outcomes; and tory of the Pacific Islands, and any other injury occurring prior to the date of the enactment of this Act shall be governed by the ‘‘(6) improves the coordination of care and territory or possession of the United States, information among hospitals, laboratories, or any political subdivision thereof. applicable statute of limitations provisions in effect at the time the injury occurred. physician offices, and other entities through SEC. 110. EFFECT ON OTHER LAWS. an effective infrastructure for the secure and Subtitle B—Health Information Technology (a) VACCINE INJURY.— authorized exchange of health care informa- (1) To the extent that title XXI of the Pub- CHAPTER 1—GENERAL PROVISIONS tion. lic Health Service Act establishes a Federal SEC. 121. IMPROVING HEALTH CARE, QUALITY, ‘‘(c) DUTIES OF THE NATIONAL COORDI- rule of law applicable to a civil action SAFETY, AND EFFICIENCY. NATOR.—The National Coordinator shall— brought for a vaccine-related injury or The Public Health Service Act (42 U.S.C. ‘‘(1) provide support to the public-private death— 201 et seq.) is amended by adding at the end American Health Information Collaborative (A) this subtitle does not affect the appli- the following: established under section 2903; cation of the rule of law to such an action; ‘‘TITLE XXIX—HEALTH INFORMATION ‘‘(2) serve as the principal advisor to the and TECHNOLOGY Secretary concerning the development, ap- (B) any rule of law prescribed by this sub- ‘‘SEC. 2901. DEFINITIONS. plication, and use of health information title in conflict with a rule of law of such ‘‘In this title: technology, and coordinate and oversee the title XXI shall not apply to such action. ‘‘(1) HEALTH CARE PROVIDER.—The term health information technology programs of (2) If there is an aspect of a civil action ‘health care provider’ means a hospital, the Department; brought for a vaccine-related injury or death skilled nursing facility, home health entity, ‘‘(3) facilitate the adoption of a nation- to which a Federal rule of law under title health care clinic, federally qualified health wide, interoperable system for the electronic XXI of the Public Health Service Act does center, group practice (as defined in section exchange of health information; not apply, then this subtitle or otherwise ap- 1877(h)(4) of the Social Security Act), a phar- ‘‘(4) ensure the adoption and implementa- plicable law (as determined under this sub- macist, a pharmacy, a laboratory, a physi- tion of standards for the electronic exchange title) will apply to such aspect of such ac- cian (as defined in section 1861(r) of the So- of health information to reduce cost and im- tion. cial Security Act), a health facility operated prove health care quality; (b) OTHER FEDERAL LAW.—Except as pro- by or pursuant to a contract with the Indian ‘‘(5) ensure that health information tech- vided in this section, nothing in this subtitle Health Service, a rural health clinic, and any nology policy and programs of the Depart- shall be deemed to affect any defense avail- other category of facility or clinician deter- ment are coordinated with those of relevant able to a defendant in a health care lawsuit mined appropriate by the Secretary. executive branch agencies (including Federal or action under any other provision of Fed- ‘‘(2) HEALTH INFORMATION.—The term commissions) with a goal of avoiding dupli- eral law. ‘health information’ has the meaning given cation of efforts and of helping to ensure SEC. 111. STATE FLEXIBILITY AND PROTECTION such term in section 1171(4) of the Social Se- that each agency undertakes health informa- OF STATES’ RIGHTS. curity Act. tion technology activities primarily within (a) HEALTH CARE LAWSUITS.—The provi- ‘‘(3) HEALTH INSURANCE PLAN.—The term the areas of its greatest expertise and tech- sions governing health care lawsuits set ‘health insurance plan’ means— nical capability; forth in this subtitle preempt, subject to ‘‘(A) a health insurance issuer (as defined ‘‘(6) to the extent permitted by law, coordi- subsections (b) and (c), State law to the ex- in section 2791(b)(2)); nate outreach and consultation by the rel- tent that State law prevents the application ‘‘(B) a group health plan (as defined in sec- evant executive branch agencies (including of any provisions of law established by or tion 2791(a)(1)); and Federal commissions) with public and pri- under this subtitle. The provisions governing ‘‘(C) a health maintenance organization (as vate parties of interest, including con- health care lawsuits set forth in this subtitle defined in section 2791(b)(3)). sumers, payers, employers, hospitals and supersede chapter 171 of title 28, United ‘‘(4) LABORATORY.—The term ‘laboratory’ other health care providers, physicians, com- States Code, to the extent that such chap- has the meaning given that term in section munity health centers, laboratories, vendors ter— 353. and other stakeholders; (1) provides for a greater amount of dam- ‘‘(5) PHARMACIST.—The term ‘pharmacist’ ‘‘(7) advise the President regarding specific ages or contingent fees, a longer period in has the meaning given that term in section Federal health information technology pro- which a health care lawsuit may be com- 804 of the Federal Food, Drug, and Cosmetic grams; and menced, or a reduced applicability or scope Act. ‘‘(8) submit the reports described under of periodic payment of future damages, than ‘‘(6) STATE.—The term ‘State’ means each section 2903(i) (excluding paragraph (4) of provided in this subtitle; or of the several States, the District of Colum- such section).

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‘‘(d) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) measures to prevent unauthorized ac- adoption by the Federal Government of a this section shall be construed to require the cess to health information; recommendation as provided for in sub- duplication of Federal efforts with respect to ‘‘(3) methods to facilitate secure patient section (e), all Federal agencies collecting the establishment of the Office, regardless of access to health information; health data for the purposes of surveillance, whether such efforts were carried out prior ‘‘(4) the ongoing harmonization of indus- epidemiology, adverse event reporting, re- to or after the enactment of this title. try-wide health information technology search, or for other purposes determined ap- ‘‘SEC. 2903. AMERICAN HEALTH INFORMATION standards; propriate by the Secretary shall comply with COLLABORATIVE. ‘‘(5) recommendations for a nationwide standards adopted under subsection (e). ‘‘(h) VOLUNTARY ADOPTION.— ‘‘(a) PURPOSE.—The Secretary shall estab- interoperable health information technology lish the public-private American Health In- infrastructure; ‘‘(1) IN GENERAL.—Any standards adopted formation Collaborative (referred to in this ‘‘(6) the identification and prioritization of by the Federal Government under subsection section as the ‘Collaborative’) to— specific use cases for which health informa- (e) shall be voluntary with respect to private ‘‘(1) advise the Secretary and recommend tion technology is valuable, beneficial, and entities. specific actions to achieve a nationwide feasible; ‘‘(2) RULE OF CONSTRUCTION.—Nothing in interoperable health information technology ‘‘(7) recommendations for the establish- this section shall be construed to require infrastructure; ment of an entity to ensure the continuation that a private entity that enters into a con- ‘‘(2) serve as a forum for the participation of the functions of the Collaborative; and tract with the Federal Government adopt of a broad range of stakeholders to provide ‘‘(8) other policies determined to be nec- the standards adopted by the Federal Gov- input on achieving the interoperability of essary by the Collaborative. ernment under section 2903 with respect to health information technology; and ‘‘(d) STANDARDS.— activities not related to the contract. ‘‘(3) recommend standards (including con- ‘‘(1) EXISTING STANDARDS.—The standards ‘‘(3) LIMITATION.—Private entities that tent, communication, and security stand- adopted by the Consolidated Health enter into a contract with the Federal Gov- ards) for the electronic exchange of health Informatics Initiative shall be deemed to ernment shall adopt the standards adopted information for adoption by the Federal Gov- have been recommended by the Collaborative under section 2903 for the purpose of activi- ernment and voluntary adoption by private under this section. ties under such Federal contract. ‘‘(i) EFFECT ON OTHER PROVISIONS.—Nothing entities. ‘‘(2) FIRST YEAR REVIEW.—Not later than 1 in this title shall be construed to effect the ‘‘(b) COMPOSITION.— year after the date of enactment of this title, scope or substance of— ‘‘(1) IN GENERAL.—The Collaborative shall the Collaborative shall— ‘‘(1) section 264 of the Health Insurance be composed of— ‘‘(A) review existing standards (including Portability and Accountability Act of 1996; ‘‘(A) the Secretary, who shall serve as the content, communication, and security stand- ‘‘(2) sections 1171 through 1179 of the Social chairperson of the Collaborative; ards) for the electronic exchange of health Security Act; and ‘‘(B) the Secretary of Defense, or his or her information, including such standards adopt- ‘‘(3) any regulation issued pursuant to any designee; ed by the Secretary under paragraph (2)(A); such section; ‘‘(C) the Secretary of Veterans Affairs, or ‘‘(B) identify deficiencies and omissions in his or her designee; such existing standards; and and such sections shall remain in effect and ‘‘(D) the Secretary of Commerce, or his or ‘‘(C) identify duplication and overlap in shall apply to the implementation of stand- her designee; such existing standards; ards, programs and activities under this ‘‘(E) representatives of other relevant Fed- and recommend modifications to such stand- title. ‘‘(j) REPORTS.—The Secretary shall submit eral agencies, as determined appropriate by ards as necessary. to the Committee on Health, Education, the Secretary; and ‘‘(3) ONGOING REVIEW.—Beginning 1 year Labor, and Pensions and the Committee on after the date of enactment of this title, and ‘‘(F) representatives from among the fol- Finance of the Senate and the Committee on annually thereafter, the Collaborative lowing categories to be appointed by the Sec- Energy and Commerce and the Committee on shall— retary from nominations submitted by the Ways and Means of the House of Representa- ‘‘(A) review existing standards (including public— tives, on an annual basis, a report that— content, communication, and security stand- ‘‘(i) consumer and patient organizations; ‘‘(1) describes the specific actions that ards) for the electronic exchange of health ‘‘(ii) experts in health information privacy have been taken by the Federal Government information, including such standards adopt- and security; and private entities to facilitate the adop- ed by the Secretary under paragraph (2)(A); ‘‘(iii) health care providers; tion of an interoperable nationwide system ‘‘(B) identify deficiencies and omissions in ‘‘(iv) health insurance plans or other third for the electronic exchange of health infor- such existing standards; and party payors; mation; ‘‘(C) identify duplication and overlap in ‘‘(v) standards development organizations; ‘‘(2) describes barriers to the adoption of such existing standards; ‘‘(vi) information technology vendors; such a nationwide system; and recommend modifications to such stand- ‘‘(vii) purchasers or employers; and ‘‘(3) contains recommendations to achieve ards as necessary. ‘‘(viii) State or local government agencies full implementation of such a nationwide ‘‘(4) LIMITATION.—The standards described or Indian tribe or tribal organizations. system; and in this section shall be consistent with any ‘‘(2) CONSIDERATIONS.—In appointing mem- ‘‘(4) contains a plan and progress toward standards developed pursuant to the Health bers under paragraph (1)(F), the Secretary the establishment of an entity to ensure the Insurance Portability and Accountability shall select individuals with expertise in— continuation of the functions of the Collabo- Act of 1996. ‘‘(A) health information privacy; rative. ‘‘(e) FEDERAL ACTION.—Not later than 60 ‘‘(B) health information security; ‘‘(k) APPLICATION OF FACA.—The Federal days after the issuance of a recommendation ‘‘(C) health care quality and patient safety, Advisory Committee Act (5 U.S.C. App.) including those individuals with experience from the Collaborative under subsection (d)(2), the Secretary of Health and Human shall apply to the Collaborative, except that in utilizing health information technology to the term provided for under section 14(a)(2) improve health care quality and patient safe- Services, in consultation with the Secretary of Veterans Affairs, the Secretary of De- shall be 5 years. ty; ‘‘(l) RULE OF CONSTRUCTION.—Nothing in fense, and representatives of other relevant ‘‘(D) data exchange; and this section shall be construed to require the ‘‘(E) developing health information tech- Federal agencies, as determined appropriate by the Secretary, shall review such rec- duplication of Federal efforts with respect to nology standards and new health informa- the establishment of the Collaborative, re- tion technology. ommendations. The Secretary shall provide for the adoption by the Federal Government gardless of whether such efforts were carried ‘‘(3) TERMS.—Members appointed under of any standard or standards contained in out prior to or after the enactment of this paragraph (1)(G) shall serve for 2 year terms, such recommendation. title. except that any member appointed to fill a ‘‘(f) COORDINATION OF FEDERAL SPENDING.— ‘‘SEC. 2904. IMPLEMENTATION AND CERTIFI- vacancy for an unexpired term shall be ap- Not later than 1 year after the adoption by CATION OF HEALTH INFORMATION pointed for the remainder of such term. A the Federal Government of a recommenda- STANDARDS. member may serve for not to exceed 180 days tion as provided for in subsection (e), and in ‘‘(a) IMPLEMENTATION.— after the expiration of such member’s term compliance with chapter 113 of title 40, ‘‘(1) IN GENERAL.—The Secretary, based or until a successor has been appointed. United States Code, no Federal agency shall upon the recommendations of the Collabo- ‘‘(c) RECOMMENDATIONS AND POLICIES.—The expend Federal funds for the purchase of any rative, shall develop criteria to ensure uni- Collaborative shall make recommendations form of health information technology or form and consistent implementation of any to identify uniform national policies for health information technology system for standards for the electronic exchange of adoption by the Federal Government and clinical care or for the electronic retrieval, health information voluntarily adopted by voluntary adoption by private entities to storage, or exchange of health information private entities in technical conformance support the widespread adoption of health that is not consistent with applicable stand- with such standards adopted under this title. information technology, including— ards adopted by the Federal Government ‘‘(2) IMPLEMENTATION ASSISTANCE.—The ‘‘(1) protection of individually identifiable under subsection (e). Secretary may recognize a private entity or health information through privacy and se- ‘‘(g) COORDINATION OF FEDERAL DATA COL- entities to assist private entities in the im- curity practices; LECTION.—Not later than 3 years after the plementation of the standards adopted under

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ESTABLISHMENT OF QUALITY MEAS- ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(1) IN GENERAL.—The Secretary, based UREMENT SYSTEMS FOR MEDICARE carry out, or contract with a private entity upon the recommendations of the Collabo- VALUE-BASED PURCHASING PRO- to carry out, a study that examines— GRAMS. rative, shall develop criteria to ensure and ‘‘(1) the variation among State laws that (a) IN GENERAL.—Title XVIII (42 U.S.C. 1395 certify that hardware, software, and support relate to the licensure, registration, and cer- et seq.) is amended— services that claim to be in compliance with tification of medical professionals; and (1) by redesignating part E as part F; and any standard for the electronic exchange of ‘‘(2) how such variation among State laws (2) by inserting after part D the following health information adopted under this title impacts the secure electronic exchange of new part: have established and maintained such com- health information— ‘‘PART E—VALUE-BASED PURCHASING pliance in technical conformance with such ‘‘(A) among the States; and standards. ‘‘QUALITY MEASUREMENT SYSTEMS FOR VALUE- ‘‘(B) between the States and the Federal ‘‘(2) CERTIFICATION ASSISTANCE.—The Sec- BASED PURCHASING PROGRAMS Government. retary may recognize a private entity or en- ‘‘SEC. 1860E–1. (a) ESTABLISHMENT.— ‘‘(b) REPORT AND RECOMMENDATIONS.—Not tities to assist in the certification described ‘‘(1) IN GENERAL.—The Secretary shall de- later than 1 year after the date of enactment under paragraph (1) using the criteria devel- velop quality measurement systems for pur- of this title, the Secretary shall publish a re- oped by the Secretary under this section. poses of providing value-based payments to— port that— ‘‘(A) hospitals pursuant to section 1860E–2; ‘‘(c) DELEGATION AUTHORITY.—The Sec- ‘‘(1) describes the results of the study car- ‘‘(B) physicians and practitioners pursuant retary, through consultation with the Col- ried out under subsection (a); and to section 1860E–3; laborative, may delegate the development of ‘‘(2) makes recommendations to States re- ‘‘(C) plans pursuant to section 1860E–4; the criteria under subsections (a) and (b) to garding the harmonization of State laws ‘‘(D) end stage renal disease providers and a private entity. based on the results of such study. facilities pursuant to section 1860E–5; and ‘‘SEC. 2905. STUDY OF STATE HEALTH INFORMA- ‘‘SEC. 2908. AUTHORIZATION OF APPROPRIA- ‘‘(E) home health agencies pursuant to sec- TION LAWS AND PRACTICES. TIONS. tion 1860E–6. ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(a) IN GENERAL.—For the purpose of car- ‘‘(2) QUALITY.—The systems developed carry out, or contract with a private entity rying out this title, there is authorized to be under paragraph (1) shall measure the qual- to carry out, a study that examines— appropriated $125,000,000 for fiscal year 2006, ity of the care furnished by the provider in- ‘‘(1) the variation among State laws and and such sums as may be necessary for each volved. practices that relate to the privacy, con- of fiscal years 2007 through 2010. ‘‘(3) HIGH QUALITY HEALTH CARE DEFINED.— fidentiality, and security of health informa- ‘‘(b) AVAILABILITY.—Amounts appropriated In this part, the term ‘high quality health tion; under subsection (a) shall remain available care’ means health care that is safe, effec- ‘‘(2) how such variation among State laws through fiscal year 2010.’’. tive, patient-centered, timely, equitable, ef- and practices may impact the electronic ex- SEC. 122. HIPAA REPORT. ficient, necessary, and appropriate. ‘‘(b) REQUIREMENTS FOR SYSTEMS.—Under change of health information— (a) STUDY.—Not later than 2 years after the ‘‘(A) among the States; date of enactment of this Act, the Secretary each quality measurement system described in subsection (a)(1), the Secretary shall do ‘‘(B) between the States and the Federal of Health and Human Services shall carry the following: Government; and out, or contract with a private entity to ‘‘(1) MEASURES.— ‘‘(C) among private entities; and carry out, a study that examines the inte- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(3) how such laws and practices may be gration of the standards adopted under the (B), the Secretary shall select measures of harmonized to permit the secure electronic amendments made by this subtitle with the quality to be used by the Secretary under exchange of health information. standards adopted under the Health Insur- each system. ‘‘(b) REPORT AND RECOMMENDATIONS.—Not ance Portability and Accountability Act of ‘‘(B) REQUIREMENTS.—In selecting the later than 1 year after the date of enactment 1996 (Public Law 104–191). measures to be used under each system pur- LAN; REPORT.— of this title, the Secretary shall submit to (b) P suant to subparagraph (A), the Secretary Congress a report that— (1) PLAN.—Not later than 3 years after the shall, to the extent feasible, ensure that— ‘‘(1) describes the results of the study car- date of enactment of this Act, the Secretary ‘‘(i) such measures are evidence-based, reli- ried out under subsection (a); and of Health and Human Services shall, based able and valid, and feasible to collect and re- ‘‘(2) makes recommendations based on the on the results of the study carried out under port; results of such study. subsection (a), develop a plan for the integra- ‘‘(ii) measures of process, structure, out- ‘‘SEC. 2906. SECURE EXCHANGE OF HEALTH IN- tion of the standards described under such comes, beneficiary experience, efficiency, FORMATION; INCENTIVE GRANTS. subsection and submit a report to Congress and equity are included; describing such plan. ‘‘(a) IN GENERAL.—The Secretary may ‘‘(iii) measures of overuse and underuse of (2) PERIODIC REPORTS.—The Secretary shall make grants to States to carry out programs health care items and services are included; submit periodic reports to Congress that de- under which such States cooperate with ‘‘(iv)(I) at least 1 measure of health infor- scribe the progress of the integration de- other States to develop and implement State mation technology infrastructure that en- scribed under paragraph (1). policies that will facilitate the secure elec- ables the provision of high quality health tronic exchange of health information uti- SEC. 123. STUDY OF REIMBURSEMENT INCEN- care and facilitates the exchange of health TIVES. lizing the standards adopted under section information, such as the use of one or more 2903— The Secretary of Health and Human Serv- elements of a qualified health information ‘‘(1) among the States; ices shall carry out, or contract with a pri- system (as defined in subparagraph (E)), is ‘‘(2) between the States and the Federal vate entity to carry out, a study that exam- included during the first year each system is Government; and ines methods to create efficient reimburse- implemented; and ‘‘(3) among private entities. ment incentives for improving health care ‘‘(II) additional measures of health infor- quality in Federally qualified health centers, mation technology infrastructure are in- ‘‘(b) PRIORITY.—In awarding grants under rural health clinics, and free clinics. cluded in subsequent years; subsection (a), the Secretary shall give pri- ‘‘(v) in the case of the system that is used ority to States that provide assurance that SEC. 124. REAUTHORIZATION OF INCENTIVE GRANTS REGARDING TELEMEDI- to provide value-based payments to hospitals any funding awarded under such a grant CINE. under section 1860E–2, by not later than Jan- shall be used to harmonize privacy laws and Section 330L(b) of the Public Health Serv- uary 1, 2008, at least 5 measures that take practices between the States, the States and ice Act (42 U.S.C. 254c–18(b)) is amended by into account the unique characteristics of the Federal Government, and among private striking ‘‘2002 through 2006’’ and inserting small hospitals located in rural areas and entities related to the privacy, confiden- ‘‘2006 through 2010’’. frontier areas are included; and tiality, and security of health information. SEC. 125. SENSE OF THE SENATE ON PHYSICIAN ‘‘(vi) measures that assess the quality of ‘‘(c) DISSEMINATION OF INFORMATION.—The PAYMENT. care furnished to frail individuals over the Secretary shall disseminate information re- It is the sense of the Senate that modifica- age of 75 and to individuals with multiple garding the efficacy of efforts of a recipient tions to the medicare fee schedule for physi- complex chronic conditions are included. of a grant under this section. cians’ services under section 1848 of the So- ‘‘(C) REQUIREMENT FOR COLLECTION OF DATA ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- cial Security Act (42 U.S.C. 1394w–4) should ON A MEASURE FOR 1 YEAR PRIOR TO USE UNDER retary may provide technical assistance to include provisions based on the reporting of THE SYSTEMS.—Data on any measure selected recipients of a grant under this section. quality measures pursuant to those adopted by the Secretary under subparagraph (A) ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— in section 2909 of the Public Health Service must be collected by the Secretary for at For the purpose of carrying out subsection Act (as added by section 121) and the overall least a 12-month period before such measure (a), there are authorized to be appropriated improvement of healthcare quality through may be used to determine whether a provider such sums as may be necessary for each of the use of the electronic exchange of health receives a value-based payment under a pro- the fiscal years 2006 through 2010. information pursuant to the standards gram described in subsection (a)(1).

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‘‘(D) AUTHORITY TO VARY MEASURES.— ‘‘(iii) the refinement of the risk adjust- section, including the assigning of weights to ‘‘(i) UNDER SYSTEM APPLICABLE TO HOS- ment procedures established pursuant to the measures under subsection (b)(2). PITALS.—In the case of the system applicable paragraph (3) under the system. ‘‘(2) REQUIREMENTS DESCRIBED.—The re- to hospitals under section 1860E–2, the Sec- ‘‘(B) UPDATE SHALL ALLOW FOR COMPARISON quirements described in this paragraph are retary may vary the measures selected under OF DATA.—Each update under subparagraph the following: subparagraph (A) by hospital depending on (A) of a quality measurement system shall ‘‘(A) The entity is a private nonprofit enti- the size of, and the scope of services provided allow for the comparison of data from one ty governed by an executive director and a by, the hospital. year to the next for purposes of providing board. ‘‘(ii) UNDER SYSTEM APPLICABLE TO PHYSI- value-based payments under the programs ‘‘(B) The members of the entity include CIANS AND PRACTITIONERS.—In the case of the described in subsection (a)(1). representatives of— system applicable to physicians and practi- ‘‘(5) USE OF MOST RECENT QUALITY DATA.— ‘‘(i)(I) health plans and providers receiving tioners under section 1860E–3, the Secretary ‘‘(A) IN GENERAL.—Except as provided in reimbursement under this title for the provi- may vary the measures selected under sub- subparagraph (B), the Secretary shall use the sion of items and services, including health paragraph (A) by physician or practitioner most recent quality data with respect to the plans and providers with experience in the depending on the specialty of the physician, provider involved that is available to the care of the frail elderly and individuals with the type of practitioner, or the volume of Secretary. multiple complex chronic conditions; or services furnished to beneficiaries by the ‘‘(B) INSUFFICIENT DATA DUE TO LOW VOL- ‘‘(II) groups representing such health plans physician or practitioner. UME.—If the Secretary determines that there and providers; is insufficient data with respect to a measure ‘‘(ii) groups representing individuals re- ‘‘(iii) UNDER SYSTEM APPLICABLE TO ESRD or measures because of a low number of serv- ceiving benefits under this title; PROVIDERS AND FACILITIES.—In the case of ices provided, the Secretary may aggregate the system applicable to providers of serv- ‘‘(iii) purchasers and employers or groups data across more than 1 fiscal or calendar ices and renal dialysis facilities under sec- representing purchasers or employers; year, as the case may be. tion 1860E–5, the Secretary may vary the ‘‘(iv) organizations that focus on quality ‘‘(c) REQUIREMENTS FOR DEVELOPING AND improvement as well as the measurement measures selected under subparagraph (A) by UPDATING THE SYSTEMS.—In developing and provider or facility depending on the type of, and reporting of quality measures; updating each quality measurement system ‘‘(v) State government health programs; the size of, and the scope of services provided under this section, the Secretary shall— by, the provider or facility. ‘‘(vi) persons skilled in the conduct and in- ‘‘(1) take into account the quality meas- terpretation of biomedical, health services, ‘‘(iv) UNDER SYSTEM APPLICABLE TO HOME ures developed by nationally recognized and health economics research and with ex- HEALTH AGENCIES.—In the case of the system quality measurement organizations, re- applicable to home health agencies under pertise in outcomes and effectiveness researchers, health care provider organiza- search and technology assessment; and section 1860E–6, the Secretary may vary the tions, and other appropriate groups; measures selected under subparagraph (A) by ‘‘(vii) persons or entities involved in the ‘‘(2) consult with, and take into account development and establishment of standards agency depending on the size of, and the the recommendations of, the entity that the scope of services provided by, the agency. and certification for health information Secretary has an arrangement with under technology systems and clinical data. ‘‘(E) QUALIFIED HEALTH INFORMATION SYS- subsection (e); ‘‘(C) The membership of the entity is rep- TEM DEFINED.—For purposes of subparagraph ‘‘(3) consult with provider-based groups resentative of individuals with experience (B)(iv)(I), the term ‘qualified health informa- and clinical specialty societies; tion system’ means a computerized system with— ‘‘(4) take into account existing quality ‘‘(i) urban health care issues; (including hardware, software, and training) measurement systems that have been devel- that— ‘‘(ii) safety net health care issues; and oped through a rigorous process of validation ‘‘(iii) rural and frontier health care issues. ‘‘(i) protects the privacy and security of and with the involvement of entities and per- health information and properly encrypts ‘‘(D) The entity does not charge a fee for sons described in subsection (e)(2)(B); and membership for participation in the work of such health information; ‘‘(5) take into account— ‘‘(ii) maintains and provides access to pa- the entity related to the arrangement with ‘‘(A) each of the reports by the Medicare the Secretary under paragraph (1). If the en- tients’ health records in an electronic for- Payment Advisory Commission that are re- mat; tity does require a fee for membership for quired under the Medicare Value Purchasing participation in other functions of the enti- ‘‘(iii) incorporates decision support soft- Act of 2005; ware to reduce medical errors and enhance ty, there shall be no linkage between such ‘‘(B) the results of— fee and participation in the work of the enti- health care quality; ‘‘(i) the demonstrations required under ‘‘(iv) is consistent with data standards and ty related to such arrangement with the Sec- such Act; retary. certification processes recommended by the ‘‘(ii) the demonstration program under sec- Secretary; ‘‘(E) The entity— tion 1866A; ‘‘(i) permits any member described in sub- ‘‘(v) allows for the reporting of quality ‘‘(iii) the demonstration program under measures; and paragraph (B) to vote on matters of the enti- section 1866C; and ty related to the arrangement with the Sec- ‘‘(vi) includes other features determined ‘‘(iv) any other demonstration or pilot pro- appropriate by the Secretary. retary under paragraph (1); and gram conducted by the Secretary relating to ‘‘(ii) ensures that such members have an ‘‘(2) WEIGHTS OF MEASURES.— measuring and rewarding quality and effi- equal vote on such matters . ‘‘(A) IN GENERAL.—The Secretary shall as- ciency of care; and ‘‘(F) With respect to matters related to the sign weights to the measures used by the ‘‘(C) the report by the Institute of Medi- Secretary under each system. arrangement with the Secretary under para- cine of the National Academy of Sciences graph (1), the entity conducts its business in ‘‘(B) CONSIDERATION.—If the Secretary de- under section 238(b) of the Medicare Pre- termines appropriate, in assigning the an open and transparent manner and pro- scription Drug, Improvement, and Mod- vides the opportunity for public comment. weights under subparagraph (A)— ernization Act of 2003 (Public Law 108–173). ‘‘(i) measures of clinical effectiveness shall ‘‘(G) The entity operates as a voluntary ‘‘(d) REQUIREMENTS FOR IMPLEMENTING THE consensus standards setting organization as be weighted more heavily than measures of SYSTEMS.—In implementing each quality beneficiary experience; and defined for purposes of section 12(d) of the measurement system under this section, the National Technology Transfer and Advance- ‘‘(ii) measures of risk adjusted outcomes Secretary shall consult with entities— ment Act of 1995 (Public Law 104–113) and Of- shall be weighted more heavily than meas- ‘‘(1) that have joined together to develop fice of Management and Budget Revised Cir- ures of process; and strategies for quality measurement and re- cular A–119 (published in the Federal Reg- ‘‘(3) RISK ADJUSTMENT.—The Secretary porting, including the feasibility of col- shall establish procedures, as appropriate, to ister on February 10, 1998).’’. lecting and reporting meaningful data on (b) CONFORMING REFERENCES TO PREVIOUS control for differences in beneficiary health quality measures; and PART E.—Any reference in law (in effect be- status and beneficiary characteristics. To ‘‘(2) that involve representatives of health fore the date of the enactment of this Act) to the extent feasible, such procedures may be care providers, health plans, consumers, em- part E of title XVIII of the Social Security based on existing models for controlling for ployers, purchasers, quality experts, govern- Act is deemed a reference to part F of such such differences. ment agencies, and other individuals and title (as in effect after such date). ‘‘(4) MAINTENANCE.— groups that are interested in quality of care. SEC. 127. EXCEPTION TO FEDERAL ANTI-KICK- ‘‘(A) IN GENERAL.—The Secretary shall, as ‘‘(e) ARRANGEMENT WITH AN ENTITY TO BACK AND PHYSICIAN SELF REFER- determined appropriate, but not more often PROVIDE ADVICE AND RECOMMENDATIONS.— RAL LAWS FOR THE PROVISION OF than once each 12-month period, update each ‘‘(1) ARRANGEMENT.—On and after July 1, PERMITTED SUPPORT. system, including through— 2006, the Secretary shall have in place an ar- (a) ANTI-KICKBACK.—Section 1128B(b) (42 ‘‘(i) the addition of more accurate and pre- rangement with an entity that meets the re- U.S.C. 1320a–7b(b)(3)) is amended— cise measures under the systems and the requirements described in paragraph (2) under (1) in paragraph (3)— tirement of existing outdated measures which such entity provides the Secretary (A) in subparagraph (G), by striking ‘‘and’’ under the system; with advice on, and recommendations with at the end; ‘‘(ii) the refinement of the weights as- respect to, the development and updating of (B) in subparagraph (H), as added by sec- signed to measures under the system; and the quality measurement systems under this tion 237(d) of the Medicare Prescription

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.030 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8971 Drug, Improvement, and Modernization Act (2) the Secretary shall issue a final rule by must identify and learn from such errors so of 2003 (Public Law 108–173; 117 Stat. 2213)— not later than the date that is 180 days after that systems of care can be improved. (i) by moving such subparagraph 2 ems to the date that the interim final rule under (3) In their report, the Institute of Medi- the left; and paragraph (1) is issued. cine called on Congress to provide legal pro- (ii) by striking the period at the end and CHAPTER 2—VALUE BASED PURCHASING tections with respect to information re- inserting a semicolon; ported for the purposes of quality improve- (C) by redesignating subparagraph (H), as SEC. 131. VALUE BASED PURCHASING PRO- ment and patient safety. GRAMS; SENSE OF THE SENATE. added by section 431(a) of the Medicare Pre- (4) The Health, Education, Labor, and Pen- (a) MEDICARE VALUE BASED PURCHASING scription Drug, Improvement, and Mod- sions Committee of the Senate held 4 hear- PILOT PROGRAM.— ernization Act of 2003 (Public Law 108–173; 117 ings in the 106th Congress and 1 hearing in Stat. 2287), as subparagraph (I); (1) IN GENERAL.—The Secretary of Health the 107th Congress on patient safety where (D) in subparagraph (I), as so redesig- and Human Services (referred to in this sec- experts in the field supported the rec- nated— tion as the ‘‘Secretary’’) shall establish ommendation of the Institute of Medicine (i) by moving such subparagraph 2 ems to under title XVIII of the Social Security Act for congressional action. the left; and (42 U.S.C. 1395 et seq.) a value based pur- (5) Myriad public and private patient safe- (ii) by striking the period at the end and chasing pilot program based on the reporting ty initiatives have begun. The Quality Inter- inserting ‘‘; and’’; and of quality measures pursuant to those adopt- agency Coordination Taskforce has rec- (E) by adding at the end the following new: ed in section 1860E-1 of the Social Security ommended steps to improve patient safety ‘‘(J) during the 5-year period beginning on Act (as added by section 126). Such pilot pro- that may be taken by each Federal agency the date the Secretary issues the interim gram should be based on experience gained involved in health care and activities relat- final rule under section 801(c)(1) of the Medi- through previous demonstration projects ing to these steps are ongoing. care Value Purchasing Act of 2005, the provi- conducted by the Secretary, including dem- (6) The research on patient safety un- sion, with or without charge, of any per- onstration projects conducted under sections equivocally calls for a learning environment, mitted support (as defined in paragraph 1866A and 1866C of the Social Security Act (42 rather than a punitive environment, in order (4)).’’; and U.S.C. 1395cc–1; 1395cc–3), section 649 of the to improve patient safety. (2) by adding at the end the following new Medicare Prescription Drug, Improvement, (7) Voluntary data gathering systems are paragraph: and Modernization Act of 2003 (Public Law more supportive than mandatory systems in ‘‘(4) PERMITTED SUPPORT.— 108–173; 117 Stat. 2322), and other relevant creating the learning environment referred ‘‘(A) DEFINITION OF PERMITTED SUPPORT.— work conducted by private entities. to in paragraph (6) as stated in the Institute Subject to subparagraph (B), in this section, (2) EXPANSION.—Not later than 2 years of Medicine’s report. the term ‘permitted support’ means the pro- after conducting the pilot program under (8) Promising patient safety reporting sys- vision of any equipment, item, information, paragraph (1), the Secretary shall transition tems have been established throughout the right, license, intellectual property, soft- and implement such program on a national United States and the best ways to structure ware, training, or service used for devel- basis. and use these systems are currently being oping, implementing, operating, or facili- (3) INFORMATION TECHNOLOGY.—Providers determined, largely through projects funded tating the use of systems designed to im- reporting quality measurement data elec- by the Agency for Healthcare Research and prove the quality of health care and to pro- tronically under this section shall report Quality. mote the electronic exchange of health infor- such data pursuant to the standards adopted (9) Many organizations currently col- mation. under title XXIX of the Public Health Serv- lecting patient safety data have expressed a ‘‘(B) EXCEPTION.—The term ‘permitted sup- ice Act (as added by section 121). need for legal protections that will allow port’ shall not include the provision of— (4) FUNDING.—The Secretary shall ensure them to review protected information and ‘‘(i) any support that is determined in a that the total amount of expenditures under collaborate in the development and imple- manner that is related to the volume or this Act in a year does not exceed the total mentation of patient safety improvement value of any referrals or other business gen- amount of expenditures that would have strategies. Currently, the State peer review erated between the parties for which pay- been expended in such year under this Act if protections are inadequate to allow the shar- ment may be made in whole or in part under this subsection had not been enacted. ing of information to promote patient safety. a Federal health care program; (b) MEDICAID VALUE BASED PURCHASING (b) PURPOSES.—It is the purpose of this ‘‘(ii) any support that has more than inci- PROGRAMS.— subtitle to— dental utility or value to the recipient be- (1) IN GENERAL.—The Secretary shall au- (1) encourage a culture of safety and qual- yond the exchange of health care informa- thorize waivers under section 1115 of the So- ity in the United States health care system tion; or cial Security Act (42 U.S.C. 1315) for States by providing for legal protection of informa- ‘‘(iii) any health information technology to establish value based purchasing pro- tion reported voluntarily for the purposes of system, product, or service that is not capa- grams for State medicaid programs estab- quality improvement and patient safety; and ble of exchanging health care information in lished under title XIX of such Act (42 U.S.C. (2) ensure accountability by raising stand- compliance with data standards consistent 1396 et seq.). Such programs shall be based on ards and expectations for continuous quality with interoperability. the reporting of quality measures pursuant improvements in patient safety. ‘‘(C) DETERMINATION.—In establishing regu- to those adopted in section 1860E-1 of the So- SEC. 143. AMENDMENTS TO PUBLIC HEALTH lations with respect to the requirement cial Security Act (as added by section 126). SERVICE ACT. under subparagraph (B)(iii), the Secretary (2) INFORMATION TECHNOLOGY.—Providers Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended— shall take in account— reporting quality measurement data elec- (1) in section 912(c), by inserting ‘‘, in ac- ‘‘(I) whether the health information tech- tronically under this section shall report cordance with part C,’’ after ‘‘The Director nology system, product, or service is widely such data pursuant to the standards adopted shall’’; accepted within the industry and whether under title XXIX of the Public Health Serv- (2) by redesignating part C as part D; there is sufficient industry experience to en- ice Act (as added by section 121). (3) by redesignating sections 921 through sure successful implementation of the sys- (3) WAIVER.—In authorizing such waivers, 928, as sections 931 through 938, respectively; tem, product, or service; and the Secretary shall waive any provisions of (4) in 934(d) (as so redesignated), by strik- ‘‘(II) whether the health information tech- title XI or XIX of the Social Security Act that would otherwise prevent a State from ing the second sentence and inserting the nology system, product, or service improves following: ‘‘Penalties provided for under this establishing a value based purchasing pro- quality of care, enhances patient safety, or section shall be imposed and collected by the gram in accordance with paragraph (1). provides greater administrative effi- Secretary using the administrative and pro- ciencies.’’. Subtitle C—Patient Safety and Quality cedural processes used to impose and collect (b) PHYSICIAN SELF-REFERRAL.—Section Improvement civil money penalties under section 1128A of 1877(e) (42 U.S.C. 1395nn(e)) is amended by the Social Security Act (other than sub- adding at the end the following new para- SEC. 141. SHORT TITLE. sections (a) and (b), the second sentence of graph: This subtitle may be cited as the ‘‘Patient subsection (f), and subsections (i), (m), and ‘‘(9) PERMITTED SUPPORT.—During the 5- Safety and Quality Improvement Act of (n)), unless the Secretary determines that a year period beginning on the date the Sec- 2005’’. modification of procedures would be more retary issues the interim final rule under SEC. 142. FINDINGS AND PURPOSES. suitable or reasonable to carry out this subsection 801(c)(1) of the Medicare Value Pur- (a) FINDINGS.—Congress makes the fol- section and provides for such modification chasing Act of 2005, the provision, with or lowing findings: by regulation.’’; without charge, of any permitted support (as (1) In 1999, the Institute of Medicine re- (5) in section 938(1) (as so redesignated), by defined in section 1128B(b)(4)).’’. leased a report entitled To Err is Human (c) REGULATIONS.—In order to carry out the that described medical errors as the eighth striking ‘‘921’’ and inserting ‘‘931’’; and amendments made by this section— leading cause of death in the United States, (6) by inserting after part B the following: (1) the Secretary shall issue an interim with as many as 98,000 people dying as a re- ‘‘PART C—PATIENT SAFETY final rule with comment period by not later sult of medical errors each year. IMPROVEMENT than the date that is 180 days after the date (2) To address these deaths and injuries due ‘‘SEC. 921. DEFINITIONS. of enactment of this Act; to medical errors, the health care system ‘‘In this part:

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‘‘(1) NON-IDENTIFIABLE INFORMATION.— activities’ means the following activities, tion that such patient safety data contains ‘‘(A) IN GENERAL.—The term ‘non-identifi- which are deemed to be necessary for the evidence of a wanton and criminal act to di- able information’ means, with respect to in- proper management and administration of a rectly harm the patient. formation, that the information is presented patient safety organization: ‘‘(2) Voluntary disclosure of non-identifi- in a form and manner that prevents the iden- ‘‘(A) The conduct, as its primary activity, able patient safety data by a provider or a tification of a provider, a patient, or a re- of efforts to improve patient safety and the patient safety organization. porter of patient safety data. quality of health care delivery. ‘‘(d) PROTECTED DISCLOSURE AND USE OF IN- ‘‘(B) IDENTIFIABILITY OF PATIENT.—For pur- ‘‘(B) The collection and analysis of patient FORMATION.—Nothing in this section shall be poses of subparagraph (A), the term ‘pre- safety data that are submitted by more than construed to prohibit one or more of the fol- sented in a form and manner that prevents one provider. lowing uses or disclosures: the identification of a patient’ means, with ‘‘(C) The development and dissemination of ‘‘(1) Disclosure of patient safety data by a respect to information that has been subject information to providers with respect to im- person that is a provider, a patient safety or- to rules promulgated pursuant to section proving patient safety, such as recommenda- ganization, or a contractor of a provider or 264(c) of the Health Insurance Portability tions, protocols, or information regarding patient safety organization, to another such and Accountability Act of 1996 (42 U.S.C. best practices. person, to carry out patient safety organiza- 1320d–2 note), that the information has been ‘‘(D) The utilization of patient safety data tion activities. de-identified so that it is no longer individ- for the purposes of encouraging a culture of ‘‘(2) Disclosure of patient safety data by a ually identifiable health information as de- safety and of providing direct feedback and provider or patient safety organization to fined in such rules. assistance to providers to effectively mini- grantees or contractors carrying out patient ‘‘(2) PATIENT SAFETY DATA.— mize patient risk. safety research, evaluation, or demonstra- ‘‘(A) IN GENERAL.—The term ‘patient safety ‘‘(E) The maintenance of procedures to pre- tion projects authorized by the Director. data’ means— serve confidentiality with respect to patient ‘‘(3) Disclosure of patient safety data by a ‘‘(i) any data, reports, records, memoranda, safety data. provider to an accrediting body that accred- analyses (such as root cause analyses), or ‘‘(F) The provision of appropriate security its that provider. written or oral statements that are— measures with respect to patient safety data. ‘‘(4) Voluntary disclosure of patient safety ‘‘(I) collected or developed by a provider ‘‘(G) The utilization of qualified staff. data by a patient safety organization to the for reporting to a patient safety organiza- ‘‘(5) PERSON.—The term ‘person’ includes Secretary for public health surveillance if tion, provided that they are reported to the Federal, State, and local government agen- the consent of each provider identified in, or patient safety organization within 60 days; cies. providing, such data is obtained prior to ‘‘(II) requested by a patient safety organi- ‘‘(6) PROVIDER.—The term ‘provider’ such disclosure. Nothing in the preceding zation (including the contents of such re- means— sentence shall be construed to prevent the quest), if they are reported to the patient ‘‘(A) a person licensed or otherwise author- release of patient safety data that is pro- safety organization within 60 days; ized under State law to provide health care vided by, or that relates solely to, a provider ‘‘(III) reported to a provider by a patient services, including— from which the consent described in such safety organization; or ‘‘(i) a hospital, nursing facility, com- sentence is obtained because one or more ‘‘(IV) collected by a patient safety organi- prehensive outpatient rehabilitation facility, other providers do not provide such consent zation from another patient safety organiza- home health agency, hospice program, renal with respect to the disclosure of patient safe- tion, or developed by a patient safety organi- dialysis facility, ambulatory surgical center, ty date that relates to such nonconsenting zation; pharmacy, physician or health care practi- providers. Consent for the future release of that could result in improved patient safety, tioner’s office, long term care facility, be- patient safety data for such purposes may be requested by the patient safety organization health care quality, or health care outcomes; havior health residential treatment facility, at the time the data is submitted. or clinical laboratory, or health center; or ‘‘(5) Voluntary disclosure of patient safety ‘‘(ii) any deliberative work or process with ‘‘(ii) a physician, physician assistant, data by a patient safety organization to respect to any patient safety data described nurse practitioner, clinical nurse specialist, State of local government agencies for pub- in clause (i). certified registered nurse anesthetist, cer- lic health surveillance if the consent of each ‘‘(B) LIMITATION.— tified nurse midwife, psychologist, certified provider identified in, or providing, such ‘‘(i) COLLECTION.—If the original material social worker, registered dietitian or nutri- data is obtained prior to such disclosure. from which any data, reports, records, tion professional, physical or occupational Nothing in the preceding sentence shall be memoranda, analyses (such as root case therapist, pharmacist, or other individual construed to prevent the release of patient analyses), or written or oral statements re- health care practitioner; or safety data that is provided by, or that referred to in subclause (I) or (IV) of subpara- ‘‘(B) any other person specified in regula- lates solely to, a provider from which the graph (A)(i) are collected and is not patient tions promulgated by the Secretary. consent described in such sentence is ob- safety data, the act of such collection shall ‘‘SEC. 922. PRIVILEGE AND CONFIDENTIALITY not make such original material patient PROTECTIONS. tained because one or more other providers do not provide such consent with respect to safety data for purposes of this part. ‘‘(a) PRIVILEGE.—Notwithstanding any ‘‘(ii) SEPARATE DATA.—The term ‘patient other provision of Federal, State, or local the disclosure of patient safety date that re- safety data’ shall not include information law, patient safety data shall be privileged lates to such nonconsenting providers. Con- (including a patient’s medical record, billing and, subject to the provisions of subsection sent for the future release of patient safety and discharge information or any other pa- (c)(1), shall not be— data for such purposes may be requested by tient or provider record) that is collected or ‘‘(1) subject to a Federal, State, or local the patient safety organization at the time developed separately from and that exists civil, criminal, or administrative subpoena; the data is submitted. separately from patient safety data. Such ‘‘(2) subject to discovery in connection ‘‘(e) CONTINUED PROTECTION OF INFORMA- separate information or a copy thereof sub- with a Federal, State, or local civil, crimi- TION AFTER DISCLOSURE.— mitted to a patient safety organization shall nal, or administrative proceeding; ‘‘(1) IN GENERAL.—Except as provided in not itself be considered as patient safety ‘‘(3) disclosed pursuant to section 552 of paragraph (2), patient safety data that is data. Nothing in this part, except for section title 5, United States Code (commonly used or disclosed shall continue to be privi- 922(f)(1), shall be construed to limit— known as the Freedom of Information Act) leged and confidential as provided for in sub- ‘‘(I) the discovery of or admissibility of in- or any other similar Federal, State, or local sections (a) and (b), and the provisions of formation described in this subparagraph in law; such subsections shall apply to such data in a criminal, civil, or administrative pro- ‘‘(4) admitted as evidence or otherwise dis- the possession or control of— ceeding; closed in any Federal, State, or local civil, ‘‘(A) a provider or patient safety organiza- ‘‘(II) the reporting of information de- criminal, or administrative proceeding; or tion that possessed such data before the use scribed in this subparagraph to a Federal, ‘‘(5) utilized in a disciplinary proceeding or disclosure; or State, or local governmental agency for pub- against a provider. ‘‘(B) a person to whom such data was dis- lic health surveillance, investigation, or ‘‘(b) CONFIDENTIALITY.—Notwithstanding closed. other public health purposes or health over- any other provision of Federal, State, or ‘‘(2) EXCEPTION.—Notwithstanding para- sight purposes; or local law, and subject to the provisions of graph (1), and subject to paragraph (3)— ‘‘(III) a provider’s recordkeeping obligation subsections (c) and (d), patient safety data ‘‘(A) if patient safety data is used or dis- with respect to information described in this shall be confidential and shall not be disclosed as provided for in subsection (c)(1), subparagraph under Federal, State, or local closed. and such use or disclosure is in open court, law. ‘‘(c) EXCEPTIONS TO PRIVILEGE AND CON- the confidentiality protections provided for ‘‘(3) PATIENT SAFETY ORGANIZATION.—The FIDENTIALITY.—Nothing in this section shall in subsection (b) shall no longer apply to term ‘patient safety organization’ means a be construed to prohibit one or more of the such data; and private or public entity or component there- following uses or disclosures: ‘‘(B) if patient safety data is used or dis- of that is currently listed by the Secretary ‘‘(1) Disclosure by a provider or patient closed as provided for in subsection (c)(2), pursuant to section 924(c). safety organization of relevant patient safe- the privilege and confidentiality protections ‘‘(4) PATIENT SAFETY ORGANIZATION ACTIVI- ty data for use in a criminal proceeding only provided for in subsections (a) and (b) shall TIES.—The term ‘patient safety organization after a court makes an in camera determina- no longer apply to such data.

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‘‘(3) CONSTRUCTION.—Paragraph (2) shall ‘‘(1) limit other privileges that are avail- under paragraph (1) or (2)(A) shall, within not be construed as terminating or limiting able under Federal, State, or local laws that the 3-year period described in subparagraph the privilege or confidentiality protections provide greater confidentiality protections (A), submit a renewal certification to the provided for in subsection (a) or (b) with re- or privileges than the privilege and confiden- Secretary that the entity performs the pa- spect to data other than the specific data tiality protections provided for in this sec- tient safety organization activities described used or disclosed as provided for in sub- tion; in section 921(4). section (c). ‘‘(2) limit, alter, or affect the requirements ‘‘(ii) TERM OF RENEWAL.—A renewal certifi- ‘‘(f) LIMITATION ON ACTIONS.— of Federal, State, or local law pertaining to cation under clause (i) shall expire on the ‘‘(1) PATIENT SAFETY ORGANIZATIONS.—Ex- information that is not privileged or con- date that is 3 years after the date on which cept to enforce disclosures pursuant to sub- fidential under this section; it is submitted, and may be renewed in the section (c)(1), no action may be brought or ‘‘(3) alter or affect the implementation of same manner as an initial certification. process served against a patient safety orga- any provision of section 264(c) of the Health ‘‘(b) ACCEPTANCE OF CERTIFICATION.—Upon nization to compel disclosure of information Insurance Portability and Accountability the submission by an organization of an ini- collected or developed under this part wheth- Act of 1996 (Public Law 104–191; 110 Stat. tial certification pursuant to subsection er or not such information is patient safety 2033), section 1176 of the Social Security Act (a)(1) or (a)(2)(A), a supplemental certifi- data unless such information is specifically (42 U.S.C. 1320d–5), or any regulation promul- cation pursuant to subsection (a)(2)(B), or a identified, is not patient safety data, and gated under such sections; renewal certification pursuant to subsection cannot otherwise be obtained. ‘‘(4) limit the authority of any provider, (a)(3)(B), the Secretary shall review such cer- ‘‘(2) PROVIDERS.—An accrediting body shall patient safety organization, or other person tification and— not take an accrediting action against a pro- to enter into a contract requiring greater ‘‘(1) if such certification meets the require- vider based on the good faith participation of confidentiality or delegating authority to ments of subsection (a)(1), (a)(2)(A), (a)(2)(B), the provider in the collection, development, make a disclosure or use in accordance with or (a)(3)(B), as applicable, the Secretary reporting, or maintenance of patient safety subsection (c) or (d); and shall notify the organization that such cer- data in accordance with this part. An accred- ‘‘(5) prohibit a provider from reporting a tification is accepted; or iting body may not require a provider to re- crime to law enforcement authorities, re- ‘‘(2) if such certification does not meet veal its communications with any patient gardless of whether knowledge of the exist- such requirements, as applicable, the Sec- safety organization established in accord- ence of, or the description of, the crime is retary shall notify the organization that ance with this part. based on patient safety data, so long as the such certification is not accepted and the ‘‘(g) REPORTER PROTECTION.— provider does not disclose patient safety reasons therefor. ‘‘(1) IN GENERAL.—A provider may not take data in making such report. an adverse employment action, as described ‘‘(c) LISTING.— in paragraph (2), against an individual based ‘‘SEC. 923. PATIENT SAFETY NETWORK OF DATA- ‘‘(1) IN GENERAL.—Except as otherwise pro- upon the fact that the individual in good BASES. vided in this subsection, the Secretary shall faith reported information— ‘‘(a) IN GENERAL.—The Secretary shall compile and maintain a current listing of pa- ‘‘(A) to the provider with the intention of maintain a patient safety network of data- tient safety organizations with respect to having the information reported to a patient bases that provides an interactive evidence- which the Secretary has accepted a certifi- safety organization; or based management resource for providers, cation pursuant to subsection (b). ‘‘(B) directly to a patient safety organiza- patient safety organizations, and other per- ‘‘(2) REMOVAL FROM LISTING.—The Sec- tion. sons. The network of databases shall have retary shall remove from the listing under ‘‘(2) ADVERSE EMPLOYMENT ACTION.—For the capacity to accept, aggregate, and ana- paragraph (1)— purposes of this subsection, an ‘adverse em- lyze nonidentifiable patient safety data vol- ‘‘(A) an entity with respect to which the ployment action’ includes— untarily reported by patient safety organiza- Secretary has accepted an initial certifi- ‘‘(A) loss of employment, the failure to tions, providers, or other persons. cation pursuant to subsection (a)(2)(A) and promote an individual, or the failure to pro- ‘‘(b) NETWORK OF DATABASE STANDARDS.— which does not submit a supplemental cer- vide any other employment-related benefit The Secretary may determine common for- tification pursuant to subsection (a)(2)(B) for which the individual would otherwise be mats for the reporting to the patient safety that is accepted by the Secretary; eligible; or network of databases maintained under sub- ‘‘(B) an entity whose certification expires ‘‘(B) an adverse evaluation or decision section (a) of nonidentifiable patient safety and which does not submit a renewal appli- made in relation to accreditation, certifi- data, including necessary data elements, cation that is accepted by the Secretary; and cation, credentialing, or licensing of the in- common and consistent definitions, and a ‘‘(C) an entity with respect to which the dividual. standardized computer interface for the Secretary revokes the Secretary’s accept- ‘‘(h) ENFORCEMENT.— processing of such data. To the extent prac- ance of the entity’s certification, pursuant ‘‘(1) PROHIBITION.—Except as provided in ticable, such standards shall be consistent to subsection (d). subsections (c) and (d) and as otherwise pro- with the administrative simplification provi- ‘‘(d) REVOCATION OF ACCEPTANCE.— vided for in this section, it shall be unlawful sions of Part C of title XI of the Social Secu- ‘‘(1) IN GENERAL.—Except as provided in for any person to negligently or inten- rity Act. paragraph (2), if the Secretary determines tionally disclose any patient safety data, and ‘‘SEC. 924. PATIENT SAFETY ORGANIZATION CER- (through a review of patient safety organiza- any such person shall, upon adjudication, be TIFICATION AND LISTING. tion activities) that a patient safety organi- assessed in accordance with section 934(d). ‘‘(a) CERTIFICATION.— zation does not perform one of the patient ‘‘(2) RELATION TO HIPAA.—The penalty pro- ‘‘(1) INITIAL CERTIFICATION.—Except as pro- safety organization activities described in vided for under paragraph (1) shall not apply vided in paragraph (2), an entity that seeks subparagraph (A) through (F) of section if the defendant would otherwise be subject to be a patient safety organization shall sub- 921(4), the Secretary may, after notice and to a penalty under the regulations promul- mit an initial certification to the Secretary an opportunity for a hearing, revoke the Sec- gated under section 264(c) of the Health In- that the entity intends to perform the pa- retary’s acceptance of the certification of surance Portability and Accountability Act tient safety organization activities. such organization. of 1996 (42 U.S.C. 1320d–2 note) or under sec- ‘‘(2) DELAYED CERTIFICATION OF COLLECTION ‘‘(2) DELAYED CERTIFICATION OF COLLECTION tion 1176 of the Social Security Act (42 FROM MORE THAN ONE PROVIDER.—An entity FROM MORE THAN ONE PROVIDER.—A revoca- U.S.C. 1320d–5) for the same disclosure. that seeks to be a patient safety organization under paragraph (1) may not be based on ‘‘(3) EQUITABLE RELIEF.— tion may— a determination that the organization does ‘‘(A) IN GENERAL.—Without limiting rem- ‘‘(A) submit an initial certification that it not perform the activity described in section edies available to other parties, a civil ac- intends to perform patient safety organiza- 921(4)(B) if— tion may be brought by any aggrieved indi- tion activities other than the activities de- ‘‘(A) the listing of the organization is vidual to enjoin any act or practice that vio- scribed in subparagraph (B) of section 921(4); based on its submittal of an initial certifi- lates subsection (g) and to obtain other ap- and cation under subsection (a)(2)(A); propriate equitable relief (including rein- ‘‘(B) within 2 years of submitting the ini- ‘‘(B) the organization has not submitted a statement, back pay, and restoration of ben- tial certification under subparagraph (A), supplemental certification under subsection efits) to redress such violation. submit a supplemental certification that it (a)(2)(B); and ‘‘(B) AGAINST STATE EMPLOYEES.—An entity performs the patient safety organization ac- ‘‘(C) the 2-year period described in sub- that is a State or an agency of a State gov- tivities described in subparagraphs (A) section (a)(2)(B) has not expired. ernment may not assert the privilege de- through (F) of section 921(4). ‘‘(e) NOTIFICATION OF REVOCATION OR RE- scribed in subsection (a) unless before the ‘‘(3) EXPIRATION AND RENEWAL.— MOVAL FROM LISTING.— time of the assertion, the entity or, in the ‘‘(A) EXPIRATION.—An initial certification ‘‘(1) SUPPLYING CONFIRMATION OF NOTIFICA- case of and with respect to an agency, the under paragraph (1) or (2)(A) shall expire on TION TO PROVIDERS.—Within 15 days of a rev- State has consented to be subject to an ac- the date that is 3 years after it is submitted. ocation under subsection (d)(1), a patient tion as described by this paragraph, and that ‘‘(B) RENEWAL.— safety organization shall submit to the Sec- consent has remained in effect. ‘‘(i) IN GENERAL.—An entity that seeks to retary a confirmation that the organization ‘‘(i) RULE OF CONSTRUCTION.—Nothing in remain a patient safety organization after has taken all reasonable actions to notify this section shall be construed to— the expiration of an initial certification each provider whose patient safety data is

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SENSE OF THE SENATE ON ESTAB- ‘‘(2) PUBLICATION.—Upon the revocation of vative medical technologies and therapies LISHING A MANDATED BENEFITS an acceptance of an organization’s certifi- may affect the overall productivity and qual- COMMISSION. cation under subsection (d)(1), or upon the ity of the health care delivery systems of the It is the Sense of the Senate that— removal of an organization from the listing United States; and (1) there should be established an inde- under subsection (c)(2), the Secretary shall (3) the relationship of such medical tech- pendent Federal entity to study and provide publish notice of the revocation or removal nologies and therapies to patient safety, pa- advice to Congress on existing and proposed in the Federal Register. tient benefit, health care quality, and cost of federally mandated health insurance benefits ‘‘(f) STATUS OF DATA AFTER REMOVAL FROM care. offered by employer-sponsored health plans LISTING.— and insurance issuers; and (b) REPORT.—Not later than 18 months ‘‘(1) NEW DATA.—With respect to the privi- (2) advice provided under paragraph (1) after the date of enactment of this Act, the lege and confidentiality protections de- should be evidence- and actuarially-based, Secretary of Health and Human Services scribed in section 922, data submitted to an and take into consideration the population organization within 30 days after the organi- shall prepare and submit to the appropriate costs and benefits, including the health, fi- zation is removed from the listing under subcommittees of Congress a report containing nancial, and social impact on affected popu- section (c)(2) shall have the same status as the results of the study conducted under sub- lations, safety and medical efficacy, the im- data submitted while the organization was section (a). pact on costs and access to insurance gen- still listed. Subtitle D—Fraud and Abuse erally, and to different types of insurance ‘‘(2) PROTECTION TO CONTINUE TO APPLY.—If products, the impact on labor costs and jobs, the privilege and confidentiality protections SEC. 151. NATIONAL EXPANSION OF THE MEDI- and any other relevant factors. described in section 922 applied to data while CARE-MEDICAID DATA MATCH PILOT SEC. 162. ENFORCEMENT OF REIMBURSEMENT an organization was listed, or during the 30- PROGRAM. PROVISIONS BY FIDUCIARIES. day period described in paragraph (1), such (a) REQUIREMENT OF THE MEDICARE INTEG- Section 502(a)(3) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C. protections shall continue to apply to such RITY PROGRAM.—Section 1893 of the Social data after the organization is removed from Security Act (42 U.S.C. 1395ddd) is amended— 1132(a)(3)) is amended by inserting before the the listing under subsection (c)(2). (1) in subsection (b), by adding at the end semicolon the following: ‘‘(which may in- ISPOSITION OF DATA.—If the Sec- ‘‘(g) D the following: clude the recovery of amounts on behalf of retary removes an organization from the ‘‘(6) The Medicare-Medicaid data match the plan by a fiduciary enforcing the terms listing as provided for in subsection (c)(2), program in accordance with subsection (g).’’; of the plan that provide a right of recovery with respect to the patient safety data that and by reimbursement or subrogation with re- the organization received from providers, the (2) by adding at the end the following: spect to benefits provided to a participant or organization shall— beneficiary)’’. ‘‘(1) with the approval of the provider and ‘‘(g) MEDICARE-MEDICAID DATA MATCH PRO- TITLE II—EXPANDING ACCESS TO AF- another patient safety organization, transfer GRAM.— FORDABLE HEALTH COVERAGE such data to such other organization; ‘‘(1) EXPANSION OF PROGRAM.— THROUGH TAX INCENTIVES AND OTHER ‘‘(2) return such data to the person that ‘‘(A) IN GENERAL.—The Secretary shall INITIATIVES enter into contracts with eligible entities for submitted the data; or Subtitle A—Refundable Health Insurance the purpose of ensuring that, beginning with ‘‘(3) if returning such data to such person Credit is not practicable, destroy such data. 2006, the Medicare-Medicaid data match program (commonly referred to as the ‘Medi- SEC. 201. REFUNDABLE HEALTH INSURANCE ‘‘SEC. 925. TECHNICAL ASSISTANCE. COSTS CREDIT. ‘‘The Secretary, acting through the Direc- Medi Program’) is conducted with respect to the program established under this title and (a) ALLOWANCE OF CREDIT.— tor, may provide technical assistance to pa- (1) IN GENERAL.—Subpart C of part IV of tient safety organizations, including con- the applicable number of State Medicaid programs under title XIX for the purpose of— subchapter A of chapter 1 of the Internal vening annual meetings for patient safety Revenue Code of 1986 (relating to refundable organizations to discuss methodology, com- ‘‘(i) identifying vulnerabilities in both such programs; personal credits) is amended by redesig- munication, data collection, or privacy con- nating section 36 as section 37 and by insert- cerns. ‘‘(ii) assisting States, as appropriate, to take action to protect the Federal share of ing after section 35 the following new sec- ‘‘SEC. 926. PROMOTING THE INTEROPERABILITY tion: OF HEALTH CARE INFORMATION expenditures under the Medicaid program; ‘‘SEC. 36. HEALTH INSURANCE COSTS FOR UNIN- TECHNOLOGY SYSTEMS. and ‘‘(iii) increasing the effectiveness and effi- SURED INDIVIDUALS. ‘‘(a) DEVELOPMENT.—Not later than 36 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ciency of both such programs through cost months after the date of enactment of the an individual, there shall be allowed as a avoidance, savings, and recoupments of Patient Safety and Quality Improvement credit against the tax imposed by this sub- fraudulent, wasteful, or abusive expendi- Act of 2005, the Secretary shall develop or title for the taxable year an amount equal to tures. adopt voluntary standards that promote the the amount paid by the taxpayer during such ‘‘(B) APPLICABLE NUMBER.—For purposes of electronic exchange of health care informa- taxable year for qualified health insurance subparagraph (A), the term ‘applicable num- tion. for the taxpayer and the taxpayer’s spouse ber’ means— ‘‘(b) UPDATES.—The Secretary shall pro- and dependents. ‘‘(i) in the case of fiscal year 2006, 10 State vide for the ongoing review and periodic up- ‘‘(b) LIMITATIONS.— Medicaid programs; dating of the standards developed under sub- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(ii) in the case of fiscal year 2007, 12 State section (a). paragraphs (2) and (3), the amount allowed as Medicaid programs; and ‘‘(c) DISSEMINATION.—The Secretary shall a credit under subsection (a) to the taxpayer ‘‘(iii) in the case of fiscal year 2008, 15 provide for the dissemination of the stand- for the taxable year shall not exceed the State Medicaid programs. ards developed and updated under this sec- lesser of— ‘‘(2) LIMITED WAIVER AUTHORITY.—The Sec- tion. ‘‘(A) 90 percent of the sum of the amounts retary shall waive only such requirements of ‘‘SEC. 927. AUTHORIZATION OF APPROPRIATIONS. paid by the taxpayer for qualified health in- this section and of titles XI and XIX as are ‘‘There is authorized to be appropriated surance for each individual referred to in necessary to carry out paragraph (1).’’. such sums as may be necessary to carry out subsection (a) for coverage months of the in- this part.’’. (b) FUNDING.—Section 1817(k)(4) of the So- dividual during the taxable year, or SEC. 144. STUDIES AND REPORTS. cial Security Act (42 U.S.C. 1395i(k)(4)) is ‘‘(B) $3,000. (a) IN GENERAL.—The Secretary of Health amended— ‘‘(2) MONTHLY LIMITATION.— and Human Services shall enter into a con- (1) in subparagraph (A), by striking ‘‘sub- ‘‘(A) IN GENERAL.—For purposes of para- tract (based upon a competitive contracting paragraph (B)’’ and inserting ‘‘subparagraphs graph (1), amounts paid by the taxpayer for process) with an appropriate research organi- (B) and (C)’’; and qualified health insurance for an individual zation for the conduct of a study to assess (2) by adding at the end the following: for any coverage month of such individual the impact of medical technologies and ‘‘(C) EXPANSION OF THE MEDICARE-MEDICAID during the taxable year shall not be taken therapies on patient safety, patient benefit, DATA MATCH PROGRAM.—Of the amount appro- into account to the extent such amounts ex- health care quality, and the costs of care as priated under subparagraph (A) for a fiscal ceed the amount equal to 1⁄12 of— well as productivity growth. Such study year, the following amounts shall be used to ‘‘(i) $1,111 if such individual is the tax- shall examine— carry out section 1893(b)(6) for that year: payer, (1) the extent to which factors, such as the ‘‘(i) $10,000,000 of the amount appropriated ‘‘(ii) $1,111 if— use of labor and technological advances, for fiscal year 2006. ‘‘(I) such individual is the spouse of the have contributed to increases in the share of ‘‘(ii) $12,200,000 of the amount appropriated taxpayer, the gross domestic product that is devoted to for fiscal year 2007. ‘‘(II) the taxpayer and such spouse are health care and the impact of medical tech- ‘‘(iii) $15,800,000 of the amount appro- married as of the first day of such month, nologies and therapies on such increases; priated for fiscal year 2008.’’. and

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‘‘(III) the taxpayer files a joint return for ‘‘(4) INCOME PHASEOUT OF CREDIT PERCENT- ‘‘(A) chapter 89 of title 5, United States the taxable year, AGE FOR COVERAGE OF MORE THAN ONE PER- Code, or ‘‘(iii) $1,111 if such individual has attained SON.— ‘‘(B) chapter 55 of title 10, United States the age of 24 as of the close of the taxable ‘‘(A) IN GENERAL.—Except as provided in Code. year and is a dependent of the taxpayer for subparagraph (B), in the case of a taxpayer ‘‘(6) PRISONERS.—The term ‘coverage such taxable year, and with coverage of more than one person, if the month’ shall not include any month with re- ‘‘(iv) one-half of the amount described in taxpayer has modified adjusted gross income spect to an individual if, as of the first day clause (i) if such individual has not attained in excess of $25,000 for a taxable year, the 90 of such month, such individual is imprisoned the age of 24 as of the close of the taxable percent under paragraph (1)(B) shall be re- under Federal, State, or local authority. year and is a dependent of the taxpayer for duced by the number of percentage points ‘‘(7) INSUFFICIENT PRESENCE IN UNITED such taxable year. which bears the same ratio to 90 percentage STATES.—The term ‘coverage month’ shall ‘‘(B) LIMITATION TO 2 YOUNG DEPENDENTS.— points as— not include any month during a taxable year If there are more than 2 individuals de- ‘‘(i) the excess of modified adjusted gross with respect to an individual if such indi- scribed in subparagraph (A)(iv) with respect income in excess of $25,000, bears to vidual is present in the United States on to the taxpayer for any coverage month, the ‘‘(ii) $35,000. fewer than 183 days during such year (deter- aggregate amounts paid by the taxpayer for ‘‘(B) MARRIED FILING SEPARATE RETURN.—In mined in accordance with section 7701(b)(7)). qualified health insurance for such individ- the case of a taxpayer who is married filing ‘‘(d) QUALIFIED HEALTH INSURANCE.—For uals which may be taken into account under a separate return for the taxable year and purposes of this section— paragraph (1) shall not exceed 1/12 of the dol- who has coverage of more than one person, if ‘‘(1) IN GENERAL.—The term ‘qualified lar amount in effect under subparagraph the taxpayer has modified adjusted gross in- health insurance’ means health insurance (A)(i) for the coverage month. come in excess of $12,500 for the taxable year, coverage (as defined in section 9832(b)(1)) ‘‘(C) SPECIAL RULE FOR MARRIED INDIVID- the 90 percent under paragraph (1)(B) shall be which— UALS.—In the case of a taxpayer— reduced by the number of percentage points ‘‘(A) is coverage described in paragraph (2), ‘‘(i) who is married (within the meaning of which bears the same ratio to 90 percentage and section 7703) as of the close of the taxable points as— ‘‘(B) meets the requirements of paragraph year but does not file a joint return for such ‘‘(i) the excess of modified adjusted gross (3). year, and income in excess of $12,500, bears to ‘‘(2) ELIGIBLE COVERAGE.—Coverage de- ‘‘(ii) who does not live apart from such tax- ‘‘(ii) $17,500. scribed in this paragraph is the following: payer’s spouse at all times during the tax- ‘‘(5) ROUNDING.—Any percentage resulting ‘‘(A) Coverage under individual health in- able year, from a reduction under paragraphs (3) and (4) surance. any dollar limitation imposed under this shall be rounded to the nearest one-tenth of ‘‘(B) Coverage through a private sector paragraph on amounts paid for qualified a percent. health care coverage purchasing pool. health insurance for individuals described in ‘‘(6) MODIFIED ADJUSTED GROSS INCOME.— ‘‘(C) Coverage through a State care cov- subparagraph (A)(iv) shall be divided equally The term ‘modified adjusted gross income’ erage purchasing pool. between the taxpayer and the taxpayer’s means adjusted gross income determined— ‘‘(D) Coverage under a State high-risk pool spouse unless they agree on a different divi- ‘‘(A) without regard to this section and described in subparagraph (C) of section sion. sections 911, 931, and 933, and 35(e)(1). ‘‘(3) INCOME PHASEOUT OF CREDIT PERCENT- ‘‘(B) after application of sections 86, 135, ‘‘(E) Coverage after December 31, 2006, AGE FOR ONE-PERSON COVERAGE.— 137, 219, 221, and 469. under an eligible State buy in program. ‘‘(A) PHASEOUT FOR UNMARRIED INDIVIDUALS ‘‘(c) COVERAGE MONTH.—For purposes of ‘‘(3) REQUIREMENTS.—The requirements of (OTHER THAN SURVIVING SPOUSES AND HEADS this section— this paragraph are as follows: OF HOUSEHOLDS).—In the case of an individual ‘‘(1) IN GENERAL.—The term ‘coverage ‘‘(A) COST LIMITS.—The coverage meets the (other than a surviving spouse, the head of a month’ means, with respect to an individual, requirements of section 223(c)(2)(A)(ii). household, or a married individual) with one- any month if— ‘‘(B) MAXIMUM BENEFITS.—Under the cov- person coverage, if such individual has modi- ‘‘(A) as of the first day of such month such erage, the annual and lifetime maximum fied adjusted gross income— individual is covered by qualified health in- benefits are not less than $700,000. ‘‘(i) in excess of $15,000 for a taxable year surance, and ‘‘(C) BROAD COVERAGE.—The coverage in- but not in excess of $20,000, the 90 percent ‘‘(B) the premium for coverage under such cludes inpatient and outpatient care, emer- under paragraph (1)(B) shall be reduced by insurance for such month is paid by the tax- gency benefits, and physician care. the number of percentage points which bears payer. ‘‘(D) GUARANTEED RENEWABILITY.—Such the same ratio to 40 percentage points as— ‘‘(2) GROUP HEALTH PLAN COVERAGE.— coverage is guaranteed renewable by the pro- ‘‘(I) the excess of modified adjusted gross ‘‘(A) IN GENERAL.—The term ‘coverage vider. income in excess of $15,000, bears to month’ shall not include any month for ‘‘(4) ELIGIBLE STATE BUY IN PROGRAM.—For ‘‘(II) $5,000, or which if, as of the first day of the month, the purposes of paragraph (2)(E)— ‘‘(ii) in excess of $20,000 for a taxable year, individual participates in any group health ‘‘(A) IN GENERAL.—The term ‘eligible State the 90 percent under paragraph (1)(B) shall be plan (within the meaning of section 5000 buy in program’ means a State program reduced by the sum of 40 percentage points without regard to section 5000(d)). under which an individual who— plus the number of percentage points which ‘‘(B) EXCEPTION FOR CERTAIN PERMITTED ‘‘(i) is not eligible for assistance under the bears the same ratio to 50 percentage points COVERAGE.—Subparagraph (A) shall not State medicaid program under title XIX of as— apply to an individual if the individual’s the Social Security Act, ‘‘(I) the excess of modified adjusted gross only coverage for a month is coverage de- ‘‘(ii) is not eligible for assistance under the income in excess of $20,000, bears to scribed in clause (i) or (ii) of section State children’s health insurance program ‘‘(II) $10,000. 223(c)(1)(B). under title XXI of such Act, or ‘‘(B) PHASEOUT FOR OTHER INDIVIDUALS.—In ‘‘(3) EMPLOYER-PROVIDED COVERAGE.—The ‘‘(iii) is not a State employee, the case of a taxpayer (other than an indi- term ‘coverage month’ shall not include any is able to buy health insurance coverage vidual described in subparagraph (A) or (C)) month during a taxable year if any amount through a purchasing arrangement entered with one-person coverage, if the taxpayer is not includible in the gross income of the into between the State and a private sector has modified adjusted gross income in excess taxpayer for such year under section 106 health care purchasing group or health plan. of $25,000 for a taxable year, the 90 percent (other than coverage described in clause (i) ‘‘(B) REQUIREMENTS.—Subparagraph (A) under paragraph (1)(B) shall be reduced by or (ii) of section 223(c)(1)(B)). shall only apply to a State program if— the number of percentage points which bears ‘‘(4) MEDICARE, MEDICAID, AND SCHIP.—The ‘‘(i) the program uses private sector health the same ratio to 90 percentage points as— term ‘coverage month’ shall not include any care purchasing groups or health plans, and ‘‘(i) the excess of modified adjusted gross month with respect to an individual if, as of ‘‘(ii) the State maintains separate risk income in excess of $25,000, bears to the first day of such month, such indi- pools for participants under the State buy in ‘‘(ii) $15,000. vidual— program and other participants. ‘‘(C) MARRIED FILING SEPARATE RETURN.—In ‘‘(A) is entitled to any benefits under part ‘‘(C) SUBSIDIES.— the case of a taxpayer who is married filing A of title XVIII of the Social Security Act or ‘‘(i) IN GENERAL.—A State program shall a separate return for the taxable year and is enrolled under part B of such title, or not fail to be treated as an eligible State buy who has one-person coverage, if the taxpayer ‘‘(B) is enrolled in the program under title in program merely because the State sub- has modified adjusted gross income in excess XIX or XXI of such Act (other than under sidizes the costs of an individual in buying of $12,500 for the taxable year, the 90 percent section 1928 of such Act). health insurance coverage under the pro- under paragraph (1)(B) shall be reduced by ‘‘(5) CERTAIN OTHER COVERAGE.—The term gram. the number of percentage points which bears ‘coverage month’ shall not include any ‘‘(ii) EXCEPTION.—Clause (i) shall not apply the same ratio to 90 percentage points as— month during a taxable year with respect to if the State subsidy under the program for ‘‘(i) the excess of modified adjusted gross an individual if, as of the first day of such any adult for any consecutive 12-month pe- income in excess of $12,500, bears to month at any time during such month, such riod exceeds the applicable dollar amount. ‘‘(ii) $7,500. individual is enrolled in a program under— ‘‘(iii) APPLICABLE DOLLAR AMOUNT.—

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‘‘(I) IN GENERAL.—For purposes of clause ‘‘(C) ROLLOVERS.—A contribution of a dis- duction is allowed under section 162(l) for the (ii), the applicable dollar amount is $2,000. tribution from a qualified health savings ac- taxable year. ‘‘(II) REDUCTION.—In the case of a family count to another health savings account ‘‘(3) COORDINATION WITH ADVANCE PAY- with annual income in excess of 133 percent shall be treated as a rollover contribution MENT.—Rules similar to the rules of section of the applicable poverty line (as determined for purposes of section 223(f)(5) only if the 35(g)(1) shall apply to any credit to which in accordance with criteria established by other account is a qualified health savings this section applies. the Director of the Office of Management account. ‘‘(4) COORDINATION WITH SECTION 35.—If a and Budget) but not in excess of 200 percent ‘‘(f) DEPENDENTS.—For purposes of this sec- taxpayer is eligible for the credit allowed of such line, the dollar amount under clause tion— under this section and section 35 for any tax- (i) shall be ratably reduced (but not below ‘‘(1) DEPENDENT DEFINED.—The term ‘de- able year, the taxpayer shall elect which zero) for each dollar of such excess. In the pendent’ has the meaning given such term by credit is to be allowed. case of a family with annual income in ex- section 152 (determined without regard to ‘‘(j) EXPENSES MUST BE SUBSTANTIATED.—A cess of 200 percent of such line, the applica- subsections (b)(1), (b)(2), and (d)(1)(B) there- payment for insurance to which subsection ble dollar amount shall be zero. of). (a) applies may be taken into account under ‘‘(e) ARRANGEMENTS UNDER WHICH INSUR- ‘‘(2) SPECIAL RULE FOR DEPENDENT CHILD OF this section only if the taxpayer substan- ERS CONTRIBUTE TO HSA.— DIVORCED PARENTS.—An individual who is a tiates such payment in such form as the Sec- ‘‘(1) IN GENERAL.—For purposes of this sec- child to whom section 152(e) applies shall be retary may prescribe. tion, health insurance shall not be treated as treated as a dependent of the custodial par- ‘‘(k) REGULATIONS.—The Secretary shall qualified health insurance if the insurer ent for a coverage month unless the custo- prescribe such regulations as may be nec- makes contributions to a health savings ac- dial and noncustodial parent provide other- essary to carry out the purposes of this sec- count of the taxpayer unless such insurance wise. tion.’’. is provided under an arrangement described ‘‘(3) DENIAL OF CREDIT TO DEPENDENTS.—No (b) INFORMATION REPORTING.— in paragraph (2). credit shall be allowed under this section to (1) IN GENERAL.—Subpart B of part III of ‘‘(2) ARRANGEMENTS DESCRIBED.— any individual with respect to whom a de- subchapter A of chapter 61 of the Internal ‘‘(A) AMOUNTS PAID FOR COVERAGE EXCEED duction under section 151(c) is allowable to Revenue Code of 1986 (relating to informa- MONTHLY LIMITATION.—In the case of another taxpayer for a taxable year begin- tion concerning transactions with other per- amounts paid under an arrangement for ning in the calendar year in which such indi- sons) is amended by inserting after section health insurance for a coverage month in ex- vidual’s taxable year begins. 6050T the following: cess of the amount in effect under subsection ‘‘(g) INFLATION ADJUSTMENTS.— ‘‘SEC. 6050U. RETURNS RELATING TO PAYMENTS (b)(2)(A) for such month, an arrangement is ‘‘(1) CREDIT AND HEALTH INSURANCE FOR QUALIFIED HEALTH INSUR- described in this subparagraph if under the AMOUNTS.—In the case of any taxable year ANCE. arrangement— beginning after 2006, each dollar amount re- ‘‘(a) IN GENERAL.—Any person who, in con- ‘‘(i) the aggregate amount contributed by ferred to in subsections (b)(1)(B), (b)(2)(A), nection with a trade or business conducted the insurer to any health savings account of (d)(3)(B), and (d)(4)(C)(iii)(I) shall be in- by such person, receives payments during the taxpayer does not exceed 90 percent of creased by an amount equal to— any calendar year from any individual for the excess of— ‘‘(A) such dollar amount, multiplied by coverage of such individual or any other in- ‘‘(I) the amount paid by the taxpayer for ‘‘(B) the cost-of-living adjustment deter- dividual under creditable health insurance, qualified health insurance under such ar- mined under section 213(d)(10)(B)(ii) for the shall make the return described in sub- rangement for such month, over calendar year in which the taxable year be- section (b) (at such time as the Secretary ‘‘(II) the amount in effect under subsection gins, determined by substituting ‘2005’ for may by regulations prescribe) with respect (b)(2)(A) for such month, and ‘1996’ in subclause (II) thereof. to each individual from whom such pay- ‘‘(ii) the amount contributed by the in- If any amount as adjusted under the pre- ments were received. surer to a qualified health savings account of ceding sentence is not a multiple of $10, such ‘‘(b) FORM AND MANNER OF RETURNS.—A re- the taxpayer, reduced by the amount of the amount shall be rounded to the nearest mul- turn is described in this subsection if such excess under clause (i), does not exceed 27 tiple of $10. return— percent of the amount in effect under sub- ‘‘(2) INCOME PHASEOUT AMOUNTS.—In the ‘‘(1) is in such form as the Secretary may section (b)(2)(A) for such month. case of any taxable year beginning after 2006, prescribe, and ‘‘(B) AMOUNTS PAID FOR COVERAGE LESS each dollar amount referred to in paragraph ‘‘(2) contains— THAN MONTHLY LIMITATION.—In the case of an (3) and (4) of subsection (b) shall be increased ‘‘(A) the name, address, and TIN of the in- arrangement under which the amount paid by an amount equal to— dividual from whom payments described in for qualified health insurance for a coverage ‘‘(A) such dollar amount, multiplied by subsection (a) were received, month does not exceed the amount in effect ‘‘(B) the cost-of-living adjustment deter- ‘‘(B) the name, address, and TIN of each in- under subsection (b)(2)(A) for such month, an mined under section 1(f)(3) for the calendar dividual who was provided by such person arrangement is described in this subpara- year in which the taxable year begins, deter- with coverage under creditable health insur- graph if— mined by substituting ‘calendar year 2005’ ance by reason of such payments and the pe- ‘‘(i) under the arrangement the value of for ‘calendar year 1992’ in subparagraph (B) riod of such coverage, the insured benefits (excluding overhead) ex- thereof. ‘‘(C) the aggregate amount of payments de- ceeds 65 percent of the amount paid for If any amount as adjusted under the prescribed in subsection (a), and qualified health insurance for such month, ceding sentence is not a multiple of $50, such ‘‘(D) such other information as the Sec- and amount shall be rounded to the next lowest retary may reasonably prescribe. ‘‘(ii) the amount contributed by the in- multiple of $50. ‘‘(c) CREDITABLE HEALTH INSURANCE.—For surer to a qualified health savings account of ‘‘(h) ARCHER MSA CONTRIBUTIONS; HSA purposes of this section, the term ‘creditable the taxpayer does not exceed 27 percent of CONTRIBUTIONS.—If a deduction would be al- health insurance’ means qualified health in- the amount in effect under subsection lowed under section 220 to the taxpayer for a surance (as defined in section 36(d)). (b)(2)(A) for such month. payment for the taxable year to the Archer ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- ‘‘(3) QUALIFIED HEALTH SAVINGS ACCOUNT.— MSA of an individual or under section 223 to VIDUALS WITH RESPECT TO WHOM INFORMA- ‘‘(A) IN GENERAL.—The term ‘qualified the taxpayer for a payment for the taxable TION IS REQUIRED.—Every person required to health savings account’ means a health sav- year to the Health Savings Account of such make a return under subsection (a) shall fur- ings account (as defined in section 223(d))— individual, subsection (a) shall not apply to nish to each individual whose name is re- ‘‘(i) which is designated (in such form as the taxpayer for any month during such tax- quired under subsection (b)(2)(A) to be set the Secretary may prescribe) as a qualified able year for which the taxpayer, spouse, or forth in such return a written statement account for purposes of this section, dependent is an eligible individual for pur- showing— ‘‘(ii) which may not include any amount poses of either such section. ‘‘(1) the name and address of the person re- other than contributions described in this ‘‘(i) OTHER RULES.—For purposes of this quired to make such return and the phone subsection and earnings on such contribu- section— number of the information contact for such tions, and ‘‘(1) COORDINATION WITH MEDICAL EXPENSE person, ‘‘(iii) with respect to which section AND PREMIUM DEDUCTIONS FOR HIGH DEDUCT- ‘‘(2) the aggregate amount of payments de- 223(f)(4)(A) is applied by substituting ‘100 per- IBLE HEALTH PLANS.—The amount which scribed in subsection (a) received by the percent’ for ‘10 percent’. would (but for this paragraph) be taken into son required to make such return from the ‘‘(B) SUBACCOUNTS AND SEPARATE ACCOUNT- account by the taxpayer under section 213 or individual to whom the statement is re- ING.—The Secretary may prescribe rules 224 for the taxable year shall be reduced by quired to be furnished, and under which a subaccount within a health the credit (if any) allowed by this section to ‘‘(3) the information required under sub- savings account, or separate accounting with the taxpayer for such year. section (b)(2)(B) with respect to such pay- respect to contributions and earnings de- ‘‘(2) COORDINATION WITH DEDUCTION FOR ments. scribed in subparagraph (A)(ii), may be HEALTH INSURANCE COSTS OF SELF-EMPLOYED The written statement required under the treated in the same manner as a qualified INDIVIDUALS.—No credit shall be allowable preceding sentence shall be furnished on or health savings account. under this section for a taxable year if a de- before January 31 of the year following the

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calendar year for which the return under (2) PENALTIES.—The amendments made by fits under title XVIII of the Social Security subsection (a) is required to be made. subsections (c) and (d)(4) shall take effect on Act for the month. ‘‘(e) RETURNS WHICH WOULD BE REQUIRED the date of the enactment of this Act. ‘‘(4) HEALTH SAVINGS ACCOUNT REQUIRED.—A TO BE MADE BY 2 OR MORE PERSONS.—Except SEC. 202. ADVANCE PAYMENT OF CREDIT TO deduction shall not be allowed under sub- to the extent provided in regulations pre- ISSUERS OF QUALIFIED HEALTH IN- section (a) for a taxable year with respect to scribed by the Secretary, in the case of any SURANCE. an individual unless the individual is an ac- amount received by any person on behalf of (a) IN GENERAL.—Chapter 77 of the Internal count beneficiary of a health savings ac- another person, only the person first receiv- Revenue Code of 1986 (relating to miscella- count during a portion of the taxable year. ing such amount shall be required to make neous provisions) is amended by adding at ‘‘(5) MEDICAL AND HEALTH SAVINGS AC- the return under subsection (a).’’. the end the following: COUNTS.—Subsection (a) shall not apply with (2) ASSESSABLE PENALTIES.— ‘‘SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR respect to any amount which is paid or dis- (A) Subparagraph (B) of section 6724(d)(1) HEALTH INSURANCE COSTS OF ELI- tributed out of an Archer MSA or a health of such Code (relating to definitions) is GIBLE INDIVIDUALS. savings account which is not included in amended by redesignating clauses (xiii) ‘‘Not later than July 1, 2007, the Secretary gross income under section 220(f) or 223(f), as through (xviii) as clauses (xiv) through (xix), shall establish a program for making pay- the case may be. respectively, and by inserting after clause ments to providers of qualified health insur- ‘‘(6) COORDINATION WITH DEDUCTION FOR (xii) the following: ance (as defined in section 36(d)) on behalf of HEALTH INSURANCE OF SELF-EMPLOYED INDI- ‘‘(xiii) section 6050U (relating to returns re- individuals eligible for the credit under sec- VIDUALS.—The amount taken into account lating to payments for qualified health in- tion 36. Such payments shall be made on the by the taxpayer in computing the deduction surance),’’. basis of modified adjusted gross income of el- under section 162(l) shall not be taken into (B) Paragraph (2) of section 6724(d) of such igible individuals for the preceding taxable account under this section. Code is amended by striking ‘‘or’’ at the end year.’’. ‘‘(7) COORDINATION WITH MEDICAL EXPENSE of subparagraph (AA), by striking the period (b) CLERICAL AMENDMENT.—The table of DEDUCTION.—The amount taken into account at the end of the subparagraph (BB) and in- sections for chapter 77 of the Internal Rev- by the taxpayer in computing the deduction serting ‘‘, or’’, and by adding at the end the enue Code of 1986 is amended by adding at under this section shall not be taken into ac- following: the end the following: count under section 213.’’. ‘‘(CC) section 6050U(d) (relating to returns ‘‘Sec. 7529. Advance payment of health in- (b) DEDUCTION ALLOWED WHETHER OR NOT relating to payments for qualified health insurance credit for purchasers of INDIVIDUAL ITEMIZES OTHER DEDUCTIONS.— surance).’’. qualified health insurance.’’. Subsection (a) of section 62 of the Internal (3) CLERICAL AMENDMENT.—The table of Subtitle B—High Deductible Health Plans Revenue Code of 1986 (defining adjusted gross sections for subpart B of part III of sub- and Health Savings Accounts income) is amended by inserting before the chapter A of chapter 61 of such Code is last sentence at the end the following new SEC. 211. DEDUCTION OF PREMIUMS FOR HIGH amended by inserting after the item relating paragraph: to section 6050T the following: DEDUCTIBLE HEALTH PLANS. (a) IN GENERAL.—Part VII of subchapter B ‘‘(21) PREMIUMS FOR HIGH DEDUCTIBLE ‘‘Sec. 6050U. Returns relating to payments of chapter 1 of the Internal Revenue Code of HEALTH PLANS.—The deduction allowed by for qualified health insur- 1986 (relating to additional itemized deduc- section 224.’’. ance.’’. tions for individuals) is amended by redesig- (c) COORDINATION WITH HEALTH INSURANCE (c) CRIMINAL PENALTY FOR FRAUD.—Sub- nating section 224 as section 225 and by in- COSTS CREDIT.—Section 35(g)(2) of the Inter- chapter B of chapter 75 of the Internal Rev- serting after section 223 the following new nal Revenue Code of 1986 is amended by enue Code of 1986 (relating to other offenses) section: striking ‘‘or 213’’ and inserting ‘‘,213, or 224’’. is amended by adding at the end the fol- (d) CLERICAL AMENDMENT.—The table of ‘‘SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE lowing: HEALTH PLANS. sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is ‘‘SEC. 7276. PENALTIES FOR OFFENSES RELATING ‘‘(a) DEDUCTION ALLOWED.—In the case of TO HEALTH INSURANCE TAX CRED- an individual, there shall be allowed as a de- amended by redesignating section 224 as sec- IT. duction for the taxable year the aggregate tion 225 and by inserting before such item ‘‘Any person who knowingly misuses De- the following new item: partment of the Treasury names, symbols, amount paid by or on behalf of such individual as premiums under a high deductible ‘‘Sec. 224. Premiums for high deductible titles, or initials to convey the false impres- health plans.’’. sion of association with, or approval or en- health plan with respect to months during dorsement by, the Department of the Treas- such year for which such individual is an eli- (e) EFFECTIVE DATE.—The amendments ury of any insurance products or group gible individual with respect to such health made by this section shall apply to taxable health coverage in connection with the cred- plan. years beginning after December 31, 2005. it for health insurance costs under section 36 ‘‘(b) DEFINITIONS.—For purposes of this sec- SEC. 212. REFUNDABLE CREDIT FOR CONTRIBU- shall on conviction thereof be fined not more tion— TIONS TO HEALTH SAVINGS AC- than $10,000, or imprisoned not more than 1 ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- COUNTS OF SMALL BUSINESS EM- PLOYEES. year, or both.’’. ble individual’ has the meaning given such (d) CONFORMING AMENDMENTS.— term by section 223(c)(1). (a) IN GENERAL.—Subpart C of part IV of (1) Section 162(l) of the Internal Revenue ‘‘(2) HIGH DEDUCTIBLE HEALTH PLAN.—The subchapter A of chapter 1 of the Internal Code of 1986 is amended by adding at the end term ‘high deductible health plan’ has the Revenue Code of 1986, as amended by subtitle the following: meaning given such term by section 223(c)(2). A, is amended by inserting after section 36 ‘‘(6) ELECTION TO HAVE SUBSECTION APPLY.— ‘‘(c) SPECIAL RULES.— the following new section: No deduction shall be allowed under para- ‘‘(1) DEDUCTION ALLOWABLE FOR ONLY 1 ‘‘SEC. 36A. SMALL EMPLOYER CONTRIBUTIONS graph (1) for a taxable year unless the tax- PLAN.—For purposes of this section, in the TO HEALTH SAVINGS ACCOUNTS. payer elects to have this subsection apply for case of an individual covered by more than 1 ‘‘(a) GENERAL RULE.—In the case of an eli- such year.’’. high deductible health plan for any month, gible employer, there shall be allowed as a (2) Paragraph (2) of section 1324(b) of title the individual may only take into account credit against the tax imposed by this sub- 31, United States Code, is amended by insert- amounts paid for 1 of such plans for such title an amount equal to the lesser of— ing before the period ‘‘, or from section 36 of month. ‘‘(1) the amount contributed by such em- such Code’’. ‘‘(2) GROUP HEALTH PLAN COVERAGE.— ployer to any qualified health savings ac- (3) The table of sections for subpart C of ‘‘(A) IN GENERAL.—No deduction shall be count of any employee who is an eligible in- part IV of subchapter A of chapter 1 of the allowed to an individual under subsection (a) dividual (as defined in section 223(c)(1)) dur- Internal Revenue Code of 1986 is amended by for any amount paid for coverage under a ing the taxable year, or striking ‘‘35’’ and inserting ‘‘36’’ and by in- high deductible health plan for a month if, as ‘‘(2) an amount equal to the product of— serting after the item relating to section 35 of the first day of that month, that indi- ‘‘(A) $200 ($500 if coverage for all months the following: vidual participates in any coverage under a described in subparagraph (B)(i) is family group health plan (within the meaning of ‘‘Sec. 36. Health insurance costs for unin- coverage), and section 5000 without regard to section sured individuals.’’. ‘‘(B) a fraction— 5000(d)). ‘‘(i) the numerator of which is the number (4) The table of sections for subchapter B ‘‘(B) EXCEPTION FOR CERTAIN PERMITTED of months that the employee was covered of chapter 75 of such Code is amended by add- COVERAGE.—Subparagraph (A) shall not under a high deductible health plan main- ing at the end the following: apply to an individual if the individual’s tained by the employer, and ‘‘Sec. 7276. Penalties for offenses relating to only coverage under a group health plan for ‘‘(ii) the denominator of which is the num- health insurance tax credit.’’. a month is coverage described in clause (i) or ber of months in the taxable year. (e) EFFECTIVE DATES.— (ii) of section 223(c)(1)(B). ‘‘(b) ELIGIBLE EMPLOYER.—For purposes of (1) IN GENERAL.—Except as provided in ‘‘(3) MEDICARE ELIGIBLE INDIVIDUALS.—No this section— paragraph (2), the amendments made by this deduction shall be allowed under subsection ‘‘(1) IN GENERAL.—The term ‘eligible em- section shall apply to taxable years begin- (a) with respect to any individual for any ployer’ means, with respect to any taxable ning after December 31, 2005. month if the individual is entitled to bene- year, an employer which—

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 S8978 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘(A) is a small employer, and taxable year if such taxpayer elects to have ‘‘(III) the period of any such preexisting ‘‘(B) maintains a high deductible health this section not apply for such taxable condition exclusion is reduced by the length plan under which all employees of the em- year.’’. of the aggregate of the periods of creditable ployer reasonably expected to receive at (b) CONFORMING AMENDMENTS.— coverage (as defined in section 9801(c) of the least $5,000 of compensation during the tax- (1) Paragraph (2) of section 1324(b) of title Internal Revenue Code of 1986) applicable to able year are eligible to participate. 31, United States Code, is amended by insert- the individual as of the enrollment date; and An employer may exclude from considering before the period ‘‘, or from section 36A ‘‘(IV) such exclusion is not an exclusion de- ation under subparagraph (B) employees who of such Code’’. scribed in section 9801(d) of such Code.’’. are covered by an agreement described in (2) The table of sections for subpart C of (c) EFFECTIVE DATE.—The amendments section 410(b)(3)(A) if there is evidence that part IV of chapter 1 of the Internal Revenue made by this section apply to taxable years health benefits were the subject of good faith Code of 1986, as amended by subtitle A, is beginning after December 31, 2005. bargaining. amended by inserting after the item relating SEC. 222. ELIGIBILITY OF SPOUSE OF CERTAIN ‘‘(2) EXCEPTION FOR GOVERNMENTAL AND to section 36 the following new item: INDIVIDUALS ENTITLED TO MEDI- CARE. TAX-EXEMPT EMPLOYERS.—The term ‘eligible ‘‘Sec. 36A. Small employer contributions to employer’ shall not include the Federal Gov- health savings accounts.’’. (a) IN GENERAL.—Subsection (b) of section ernment or any employer described in sec- 35 of such Code (defining eligible coverage (c) EFFECTIVE DATE.—The amendments month) is amended by adding at the end the tion 457(e)(1). made by this section shall apply to contribu- following: ‘‘(3) SMALL EMPLOYER.— tions made in taxable years beginning after ‘‘(3) SPECIAL RULE FOR SPOUSE OF INDI- ‘‘(A) IN GENERAL.—The term ‘small em- December 31, 2005. ployer’ means, with respect to any calendar VIDUAL ENTITLED TO MEDICARE.—Any month Subtitle C—Improvement of the Health which would be an eligible coverage month year, any employer if such employer em- Coverage Tax Credit ployed an average of 100 or fewer employees with respect to a taxpayer (determined with- on business days during either of the 2 pre- SEC. 221. CHANGE IN STATE-BASED COVERAGE out regard to subsection (f)(2)(A)) shall be an RULES RELATED TO PREEXISTING eligible coverage month for any spouse of ceding calendar years. For purposes of the CONDITIONS. preceding sentence, a preceding calendar such taxpayer, provided the spouse has at- (a) IN GENERAL.—Section 35(e)(2) of the In- year may be taken into account only if the tained age 55 and meets the requirements of ternal Revenue Code of 1986 (relating to re- clauses (ii), (iii), and (iv) of paragraph employer was in existence throughout such quirements for State-based coverage) is year. (1)(A).’’. amended by adding at the end the following: (b) EFFECTIVE DATE.—The amendment ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- ‘‘(C) LIMITATION ON PREEXISTING CONDITION made by subsection (a) applies to taxable CEDING YEAR.—In the case of an employer EXCLUSION PERIOD.—The term ‘qualified years beginning after December 31, 2005. which was not in existence throughout the health insurance’ does not include any cov- 1st preceding calendar year, the determina- SEC. 223. ELIGIBLE PBGC PENSION RECIPIENT. erage described in subparagraphs (C) through tion under subparagraph (A) shall be based (a) IN GENERAL.—Subparagraph (B) of sec- (H) of paragraph (1) that imposes a pre-exist- on the average number of employees that it tion 35(c)(4) of such Code (relating to eligible ing condition exclusion with respect to any is reasonably expected such employer will PBGC pension recipients) is amended by in- individual unless— employ on business days in the current cal- serting before the period the following ‘‘, or, ‘‘(i) such exclusion relates to a physical or endar year. after August 6, 2002, received from such Cor- mental condition, regardless of the cause of poration a one-time single-sum pension pay- ‘‘(C) SPECIAL RULE.—Any reference in this paragraph to an employer shall include a ref- the condition, for which medical advice, di- ment in lieu of an annuity’’. (b) EFFECTIVE DATE.—The amendment erence to any predecessor of such employer. agnosis, care, or treatment was rec- made by subsection (a) shall take effect as if ‘‘(c) DEFINITIONS.—For purposes of this sec- ommended or received within the 6-month tion— period ending on the date the individual included in the enactment of section 201 of ‘‘(1) HIGH DEDUCTIBLE HEALTH PLAN.—The seeks to enroll in the coverage, the Trade Act of 2002 (Public Law 107–210, 116 term ‘high deductible health plan’ has the ‘‘(ii) such exclusion extends for a period of Stat. 954). meaning given such term by section 223(c)(2). not more than 12 months after the individual SEC. 224. APPLICATION OF OPTION TO OFFER STATE-BASED COVERAGE TO PUER- ‘‘(2) QUALIFIED HEALTH SAVINGS ACCOUNT.— seeks to enroll in the coverage, TO RICO, NORTHERN MARIANA IS- ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(iii) the period of any such preexisting condition exclusion is reduced by the length LANDS, AMERICAN SAMOA, GUAM, health savings account’ means a health sav- AND THE UNITED STATES VIRGIN IS- ings account (as defined in section 223(d))— of the aggregate of the periods of creditable LANDS. ‘‘(i) which is designated (in such form as coverage (as defined in section 9801(c)) appli- (a) IN GENERAL.—Section 35(e) of such Code the Secretary may prescribe) as a qualified cable to the individual as of the enrollment (relating to requirements for qualified account for purposes of this section, date, and health insurance) is amended by adding at ‘‘(ii) which may not include any amount ‘‘(iv) such exclusion is not an exclusion de- the end the following: other than contributions described in sub- scribed in section 9801(d).’’. ‘‘(4) APPLICATION TO PUERTO RICO, NORTH- (b) CONFORMING AMENDMENTS.— section (a) and earnings on such contribu- ERN MARIANA ISLANDS, AMERICAN SAMOA, (1) INTERNAL REVENUE CODE OF 1986.—Sub- tions, and GUAM, AND THE UNITED STATES VIRGIN IS- paragraph (A) of section 35(e)(2) of such Code ‘‘(iii) with respect to which section LANDS.—For purposes of this section, Puerto 223(f)(4)(A) is applied by substituting ‘100 per- is amended— Rico, Northern Mariana Islands, American cent’ for ‘10 percent’. (A) by striking clause (ii); and Samoa, Guam, and the United States Virgin ‘‘(B) SUBACCOUNTS AND SEPARATE ACCOUNT- (B) by redesignating clauses (iii) and (iv) as Islands shall be considered States.’’. ING.—The Secretary may prescribe rules clauses (ii) and (iii), respectively. (b) CONFORMING AMENDMENT.—Section under which a subaccount within a health (2) WORKFORCE INVESTMENT ACT OF 1998 173(f)(2) of the Workforce Investment Act of savings account, or separate accounting with AMENDMENTS.—Section 173(f)(2)(B) of the 1998 (29 U.S.C. 2918(f)(2)) is amended by add- respect to contributions and earnings de- Workforce Investment Act of 1998 (29 U.S.C. ing at the end the following: scribed in subparagraph (A)(ii), may be 2918(f)(2)(B)) is amended— ‘‘(D) APPLICATION TO NORTHERN MARIANA IS- treated in the same manner as a qualified (A) in clause (i)— LANDS, AMERICAN SAMOA, GUAM, AND THE health savings account. (i) by striking subclause (II); and UNITED STATES VIRGIN ISLANDS.—For purposes ‘‘(C) ROLLOVERS.—A contribution of a dis- (ii) by redesignating subclauses (III) and of subsection (a)(4)(A) and this subsection, tribution from a qualified health savings ac- (IV) as subclauses (II) and (III), respectively; the term ‘State’ shall include the Northern count to another health savings account and Mariana Islands, American Samoa, Guam, shall be treated as a rollover contribution (B) by adding at the end the following: and the United States Virgin Islands.’’. for purposes of section 223(f)(5) only if the ‘‘(iii) LIMITATION ON PREEXISTING CONDITION (c) EFFECTIVE DATE.—The amendments other account is a qualified health savings EXCLUSION PERIOD.—The term ‘qualified made by this section apply to taxable years account. health insurance’ does not include any cov- beginning after December 31, 2005. ‘‘(d) SPECIAL RULES.—For purposes of this erage described in clauses (iii) through (ix) of SEC. 225. CLARIFICATION OF DISCLOSURE section— subparagraph (A) that imposes a pre-existing RULES. ‘‘(1) AGGREGATION RULES.—All persons condition exclusion with respect to any indi- (a) IN GENERAL.—Subsection (k) of section treated as a single employer under sub- vidual unless— 6103 of such Code (relating to disclosure of section (a) or (b) of section 52, or subsection ‘‘(I) such exclusion relates to a physical or certain returns and return information for (n) or (o) of section 414, shall be treated as mental condition, regardless of the cause of tax administration purposes) is amended by one person. the condition, for which medical advice, di- adding at the end the following: ‘‘(2) DISALLOWANCE OF DEDUCTION.—No de- agnosis, care, or treatment was rec- ‘‘(10) DISCLOSURE OF CERTAIN RETURN INFOR- duction shall be allowed for that portion of ommended or received within the 6-month MATION FOR PURPOSES OF CARRYING OUT A contributions to any health savings accounts period ending on the date the individual PROGRAM FOR ADVANCE PAYMENT OF CREDIT for the taxable year which is equal to the seeks to enroll in the coverage; FOR HEALTH INSURANCE COSTS OF ELIGIBLE IN- credit determined under subsection (a). ‘‘(II) such exclusion extends for a period of DIVIDUALS.—The Secretary may disclose to ‘‘(3) ELECTION NOT TO CLAIM CREDIT.—This not more than 12 months after the individual providers of health insurance, administra- section shall not apply to a taxpayer for any seeks to enroll in the coverage; tors of health plans, or contractors of such

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8979 providers or administrators, for any certified Subtitle E—Other Provisions number of the United States’ uninsured pop- individual (as defined in section 7527(c)) the SEC. 241. DISPOSITION OF UNUSED HEALTH BEN- ulation are young adults who are enrolled taxpayer identity and health insurance EFITS IN CAFETERIA PLANS AND full-time at an institution of higher edu- member and group numbers of the certified FLEXIBLE SPENDING ARRANGE- cation, Congress should determine whether individual (and any qualifying family mem- MENTS. health care coverage proposals targeting this ber as defined in section 35(d), if applicable) (a) IN GENERAL.—Section 125 of the Inter- population would be effective. and the amount and period of the payment, nal Revenue Code of 1986 (relating to cafe- (b) STUDY REQUIRED.—The Government Ac- to the extent the Secretary deems necessary teria plans) is amended by redesignating sub- countability Office shall provide for the con- for the administration of the program estab- sections (h) and (i) as subsections (i) and (j), duct of a study to evaluate existing and po- lished by section 7527 (relating to advance respectively, and by inserting after sub- tential sources of affordable health insur- payment of credit for health insurance costs section (g) the following: ance coverage for graduate and under- of eligible individuals).’’. ‘‘(h) CONTRIBUTIONS OF CERTAIN UNUSED graduate students enrolled at an institution (b) CONFORMING AMENDMENTS.— HEALTH BENEFITS.— of higher education (as defined in section (1) Section 6103 of such Code (relating to ‘‘(1) IN GENERAL.—For purposes of this 1201 of the Higher Education Act of 1965 (20 confidentiality and disclosure of returns and title, a plan or other arrangement shall not U.S.C. 1141)). (c) REQUIRED ELEMENTS OF STUDY.—In con- return information) is amended— fail to be treated as a cafeteria plan solely ducting the study under subsection (b), the (A) in subsection (a)(3), by inserting because qualified benefits under such plan Government Accountability Office shall, at a ‘‘(k)(10),’’ after ‘‘(e)(1)(D)(iii),’’; include a health flexible spending arrange- minimum, examine the following: (B) in subsection (l), by striking paragraph ment under which not more than $500 of un- (1) STUDENT DEMOGRAPHICS.— (18); and used health benefits may be— (C) in subsection (p)— (A) IN GENERAL.—The size and characteris- ‘‘(A) carried forward to the succeeding plan tics of the insured and uninsured population (i) in paragraph (3)(A)— year of such health flexible spending ar- of undergraduate and graduate students en- (I) by striking ‘‘or (9)’’ and inserting ‘‘(9), rangement, or rolled at institutions of higher education. or (10)’’; and ‘‘(B) to the extent permitted by section Such data shall be differentiated as provided (II) by striking ‘‘(17), or (18)’’ and inserting 106(c), contributed by the employer to a for in subparagraphs (B) and (C). ‘‘or (17)’’; and health savings account (as defined in section (B) STATISTICAL BREAKDOWN.—The data (ii) in paragraph (4), by striking ‘‘(18)’’ 223(d)) maintained for the benefit of the em- concerning the uninsured student population after ‘‘(l)(16)’’ each place it appears. ployee. collected under subparagraph (A) shall be (2) Section 7213(a)(2) of such Code (relating ‘‘(2) HEALTH FLEXIBLE SPENDING ARRANGE- differentiated by— to unauthorized disclosure of information) is MENT.— (i) the full-time, full-time equivalent, and amended by inserting ‘‘(k)(10)’’ before ‘‘(A) IN GENERAL.—For purposes of this subpart-time enrollment status of the students ‘‘(l)(6)’’. section, the term ‘health flexible spending involved; (3) Section 7213A(a)(1)(B) of such Code (re- arrangement’ means a flexible spending ar- (ii) the type of institution involved (such lating to unauthorized inspection of returns rangement (as defined in section 106(c)) that as a public, private, non-profit, or commu- or return information) is amended by strik- is a qualified benefit and only permits reim- nity institution); ing ‘‘subsection (l)(18) or (n) of section 6103’’ bursement for expenses for medical care (as (iii) the length and type of educational pro- and inserting ‘‘section 6103(n)’’. defined in section 213(d)(1), without regard to gram involved (such as a certificate or di- (c) EFFECTIVE DATE.—The amendments subparagraphs (C) and (D) thereof). ploma program, a 2-year or 4-year degree made by this section apply to taxable years ‘‘(B) FLEXIBLE SPENDING ARRANGEMENT.—A beginning after December 31, 2005. program, a masters degree program, or a flexible spending arrangement is a benefit doctoral degree program); and SEC. 226. CLARIFICATION THAT STATE-BASED program which provides employees with cov- COBRA CONTINUATION COVERAGE (iv) the undergraduate and graduate stu- erage under which— dent populations involved. IS SUBJECT TO SAME RULES AS FED- ‘‘(i) specified incurred expenses may be re- ERAL COBRA. (C) COVERAGE.—The data concerning the imbursed (subject to reimbursement maxi- (a) IN GENERAL.—Section 35(e)(2) of such insured student population collected under Code (relating to state-based coverage re- mums and other reasonable conditions), and subparagraph (A) shall be differentiated by quirements) is amended— ‘‘(ii) the maximum amount of reimburse- the sources of coverage for such students, in- (1) in subparagraph (A), in the matter pre- ment which is reasonably available to a par- cluding the number and percentage of such ceding clause (i), by striking ‘‘(B)’’ and in- ticipant for such coverage is less than 500 insured students who lose parental (or other) serting ‘‘(C)’’; and percent of the value of such coverage. coverage during the course of their enroll- (2) in subparagraph(B)(i), by striking ‘‘(B)’’ In the case of an insured plan, the maximum ment at such institutions and the age at and inserting ‘‘(C)’’. amount reasonably available shall be deter- which such coverage is lost. (b) CONFORMING AMENDMENTS.—Section mined on the basis of the underlying cov- (2) IMPACT ANALYSIS.—The financial and 173(f)(2)(B) of the Workforce Investment Act erage. other impact of uninsured students at such of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended— ‘‘(3) UNUSED HEALTH BENEFITS.—For pur- institutions, as compared to insured stu- (1) in clause (i), in the matter preceding poses of this subsection, with respect to an dents, on— subclause (I), by striking ‘‘(ii)’’ and inserting employee, the term ‘unused health benefits’ (A) the health of students; ‘‘(iii)’’; and means the excess of— (B) the student’s family; (2) in clause (ii)(I), by striking ‘‘(ii)’’ and ‘‘(A) the maximum amount of reimburse- (C) the student’s educational progress; and inserting ‘‘(iii)’’. ment allowable to the employee for a plan (D) education and health care institutions (c) EFFECTIVE DATE.—The amendments year under a health flexible spending ar- and facilities. made by this section shall take effect as if rangement, over (3) ASSESSMENT OF EXISTING PROGRAMS.— included in the enactment of sections 201 and ‘‘(B) the actual amount of reimbursement The effect of mandatory and voluntary pro- 203, respectively, of the Trade Act of 2002 for such year under such arrangement.’’. grams on the access of students to health in- (Public Law 107–210, 116 Stat. 954). (b) EFFECTIVE DATE.—The amendments surance coverage, including— SEC. 227. APPLICATION OF RULES FOR OTHER made by subsection (a) shall apply to taxable (A) the level and type of coverage provided SPECIFIED COVERAGE TO ELIGIBLE years beginning after December 31, 2004. through mandatory and voluntary State and ALTERNATIVE TAA RECIPIENTS CONSISTENT WITH RULES FOR SEC. 242. MICROENTREPRENEURS. institutionally-sponsored health care pro- OTHER ELIGIBLE INDIVIDUALS. Section 404(8) of the Assets for Independ- grams currently providing health care insur- (a) IN GENERAL.—Section 35(f)(1) of such ence Act (42 U.S.C. 604 note) is amended by ance coverage to students; Code (relating to subsidized coverage) is adding at the end the following: (B) the average premium paid with respect amended by striking subparagraph (B) and ‘‘(F) HIGH DEDUCTIBLE HEALTH INSURANCE.— to students covered under such plans; redesignating subparagraph (C) as subpara- ‘‘(i) IN GENERAL.—The eligible individual’s (C) the extent to which any State or insti- graph (B). contribution (as an employer or employee) tutional health insurance plan may serve as (b) CONFORMING AMENDMENTS.—Section for coverage under a high deductible health a model for the expansion of access to health 173(f)(7)(A) of the Workforce Investment Act plan (as defined in section 223(c)(2) of the In- insurance for all full-time undergraduate of 1998 (29 U.S.C. 2918(f)(7)(A)) is amended by ternal Revenue Code of 1986). and graduate students attending an institu- striking clause (ii) and redesignating clause ‘‘(ii) DEFINITION OF EMPLOYEE.—For pur- tion of higher education; and (iii) as clause (ii). poses of clause (i), the term ‘employee’ in- (D) whether such programs targeted to the Subtitle D—Long-Term Care Insurance cludes an individual described in section student population would be more effective SEC. 231. SENSE OF THE SENATE CONCERNING 401(c)(1) of the Internal Revenue Code of in reducing the overall rate of uninsured rel- LONG-TERM CARE. 1986.’’. ative to proposals targeted to broader popu- It is the sense of the Senate that Congress SEC. 243. STUDY ON ACCESS TO AFFORDABLE lations. should take steps to make long-term care HEALTH INSURANCE FOR FULL- (4) INCENTIVES AND DISINCENTIVES.—The ex- more affordable by providing tax incentives TIME COLLEGE AND UNIVERSITY istence of incentives and disincentives of- for the purchase of long-term care insurance, STUDENTS. fered to institutions of higher education to support for family caregivers, and making (a) SENSE OF THE SENATE.—It is the sense expand access to health care coverage for necessary public program reforms. of the Senate that, because a considerable students, including—

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 S8980 CONGRESSIONAL RECORD — SENATE July 26, 2005 (A) an assessment of the types of incen- States (or the entities that operate the high ‘‘(ii) one-third of the amount appropriated tives and disincentives that may be used to risk pool under applicable State law) as fol- for a fiscal year shall be made available for encourage or require an institution of higher lows: allotments under subsection (c)(2). education to include health care coverage for ‘‘(A) An amount equal to 50 percent of the ‘‘(2) AVAILABILITY.—Funds appropriated all of its students on a mandatory basis, in- appropriated amount for the fiscal year shall under this subsection for a fiscal year shall cluding financial, regulatory, administra- be allocated in equal amounts among each remain available for obligation through the tive, and other incentives or disincentives; eligible State that applies for assistance end of the following fiscal year. (B) a list of burdensome regulatory or ad- under this subsection. ‘‘(3) REALLOTMENT.—If, on June 30 of each ministrative reporting and other require- ‘‘(B) An amount equal to 25 percent of the fiscal year, the Secretary determines that ments (from the Department of Education or appropriated amount for the fiscal year shall all amounts appropriated under paragraph other governmental agencies) that could be be allocated among the States so that the (1)(B)(ii) for the fiscal year are not allotted, waived without compromising program in- amount provided to a State bears the same such remaining amounts shall be allotted tegrity as a means of encouraging institu- ratio to such available amount as the num- among States receiving grants under sub- tions of higher education to provide unin- ber of uninsured individuals in the State section (b) for the fiscal year in amounts de- sured students with access to health care bears to the total number of uninsured indi- termined appropriate by the Secretary. coverage; viduals in all States (as determined by the ‘‘(4) NO ENTITLEMENT.—Nothing in this sec- (C) other incentives or disincentives that Secretary). tion shall be construed as providing a State would increase the level of institutional par- ‘‘(C) An amount equal to 25 percent of the with an entitlement to a grant under this ticipation in health care coverage programs; appropriated amount for the fiscal year shall section. and be allocated among the States so that the ‘‘(e) APPLICATIONS.—To be eligible for a (D) an analysis of the costs and effective- amount provided to a State bears the same grant under this section, a State shall sub- ness (to reduce the number of uninsured stu- ratio to such available amount as the num- mit to the Secretary an application at such dents) of including the cost of health insur- ber of individuals enrolled in health care time, in such manner, and containing such ance as an allowable cost of attendance coverage through the qualified high risk pool information as the Secretary may require. under the Higher Education Act of 1965, and of the State bears to the total number of in- ‘‘(f) DEFINITIONS.—In this section: the impact of such inclusion on the student’s dividuals so enrolled through qualified high ‘‘(1) QUALIFIED HIGH RISK POOL.— financial aid package. risk pools in all States (as determined by the ‘‘(A) IN GENERAL.—The term ‘qualified high (e) CONSULTATION WITH CONGRESS.—In car- Secretary). risk pool’ has the meaning given such term rying out the study under subsection (b), the in section 2744(c)(2), except that with respect Government Accountability Office shall con- ‘‘(c) BONUS GRANTS FOR SUPPLEMENTAL to subparagraph (A) of such section a State sult on a regular basis with the Secretary of CONSUMER BENEFITS.— may elect to provide for the enrollment of Education, the Secretary of Health and ‘‘(1) IN GENERAL.—In the case of a State eligible individuals through— Human Services, the Committee on the that has established a qualified high risk ‘‘(i) a combination of a qualified high risk Budget of the Senate, the Committee on pool, the Secretary shall provide, from the pool and an acceptable alternative mecha- Health, Education, Labor, and Pensions of funds appropriated under subsection nism; or the Senate, and the Committee on Education (d)(1)(B)(ii) and allotted to the State under ‘‘(ii) other health insurance coverage de- and the Workforce of the House of Rep- paragraph (3), a grant to be used to provide scribed in subparagraph (B). resentatives. supplemental consumer benefits to enrollees ‘‘(B) HEALTH INSURANCE COVERAGE.—Health (f) REPORT.—Not later than 1 year after the or potential enrollees (or defined subsets of insurance coverage described in this sub- date of enactment of this Act, the Govern- such enrollees or potential enrollees) in paragraph is individual health insurance cov- ment Accountability Office shall prepare and qualified high risk pools. erage— submit to the Committee on the Budget and ‘‘(2) BENEFITS.—A State shall use amounts ‘‘(i) that meets the requirements of section the Committee on Health, Education, Labor, received under a grant under this subsection 2741; and Pensions of the Senate, and the Com- to provide one or more of the following bene- ‘‘(ii) that is subject to limits on the rates mittee on Education and the Workforce of fits: charged to individuals; the House of Representatives, a report con- ‘‘(A) Low-income premium subsidies. ‘‘(iii) that is available to all individuals el- cerning the results of the study conducted ‘‘(B) A reduction in premium trends, actual igible for health insurance coverage under under this section. premiums, or other cost-sharing require- this title who are not able to participate in SEC. 244. EXTENSION OF FUNDING FOR OPER- ments. a qualified high risk pool; and ATION OF STATE HIGH RISK HEALTH ‘‘(C) An expansion or broadening of the ‘‘(iv) the defined rate limit of which does INSURANCE POOLS. pool of individuals eligible for coverage, in- not exceed the limit allowed for a qualified Section 2745 of the Public Health Service cluding eliminating waiting lists, increasing risk pool that is otherwise eligible to receive Act (42 U.S.C. 300gg–45) is amended to read as enrollment caps, or providing flexibility in assistance under a grant under this section. follows: enrollment rules. ‘‘(C) OTHER COVERAGE.—In addition to cov- ‘‘SEC. 2745. PROMOTION OF QUALIFIED HIGH ‘‘(D) Less stringent rules, or additional erage described in subparagraph (B), a State RISK POOLS. waiver authority, with respect to coverage of may provide for the offering of health insur- ‘‘(a) EXTENSION OF SEED GRANTS TO pre-existing conditions. ance coverage that provides first dollar cov- STATES.—The Secretary shall provide from ‘‘(E) Increased benefits. erage, limits on cost-sharing, and com- the funds appropriated under subsection ‘‘(F) The establishment of disease manage- prehensive medical, hospital and surgical (d)(1)(A) a grant of up to $1,000,000 to each ment programs. coverage, if the limits on rates for such cov- State that has not created a qualified high ‘‘(3) LIMITATION.—In allotting amounts erage do not exceed 125 percent of the limit risk pool as of the date of enactment of this under this subsection, the Secretary shall described in subparagraph (B)(iv). section for the State’s costs of creation and ensure that no State receives an amount ‘‘(2) STANDARD RISK RATE.—The term initial operation of such a pool. that exceeds 10 percent of the amount appro- ‘standard risk rate’ means a rate— ‘‘(b) GRANTS FOR OPERATIONAL LOSSES.— priated for the fiscal year involved under ‘‘(A) determined under the State high risk ‘‘(1) IN GENERAL.—In the case of a State subsection (d)(1)(B)(ii). pool by considering the premium rates that has established a qualified high risk ‘‘(4) RULE OF CONSTRUCTION.—Nothing in charged by other health insurers offering pool that— this subsection shall be construed to prohibit health insurance coverage to individuals in ‘‘(A) restricts premiums charged under the States that, on the date of enactment of the the insurance market served; pool to no more than 150 percent of the pre- State High Risk Pool Funding Extension Act ‘‘(B) that is established using reasonable mium for applicable standard risk rates; of 2005, are in the process of implementing actuarial techniques; and ‘‘(B) offers a choice of two or more cov- programs to provide benefits of the type de- ‘‘(C) that reflects anticipated claims expe- erage options through the pool; and scribed in paragraph (2), from being eligible rience and expenses for the coverage in- ‘‘(C) has in effect a mechanism reasonably for a grant under this subsection. volved. designed to ensure continued funding of ‘‘(d) FUNDING.— ‘‘(3) STATE.—The term ‘State’ means any of losses incurred by the State after the end of ‘‘(1) IN GENERAL.—Out of any money in the the 50 States and the District of Columbia.’’. fiscal year 2004 in connection with operation Treasury of the United States not otherwise SEC. 245. SENSE OF THE SENATE ON AFFORD- of the pool; appropriated, there are authorized and ap- ABLE HEALTH COVERAGE FOR the Secretary shall provide, from the funds propriated— SMALL EMPLOYERS. appropriated under subsection (d)(1)(B)(i) ‘‘(A) $15,000,000 for the period of fiscal It is the sense of the Senate that Congress and allotted to the State under paragraph years 2005 and 2006 to carry out subsection should pass legislation to support expanded, (2), a grant for the losses incurred by the (a); and affordable health coverage options for indi- State in connection with the operation of ‘‘(B) $75,000,000 for each of fiscal years 2005 viduals, particularly those who work for the pool. through 2009, of which— small businesses, by streamlining and reduc- ‘‘(2) ALLOTMENT.—The amounts appro- ‘‘(i) two-thirds of the amount appropriated ing regulations and expanding the role of as- priated under subsection (d)(1)(B)(i) for a fis- for a fiscal year shall be made available for sociations and other group purchasing ar- cal year shall be made available to the allotments under subsection (b)(2); and rangements.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8981 Subtitle F—Covering Kids ‘‘(1) disseminate to eligible entities and SEC. 253. STATE OPTION TO PROVIDE FOR SIM- PLIFIED DETERMINATIONS OF A SEC. 251. SHORT TITLE. make publicly available the enrollment data and information collected and reported in CHILD’S FINANCIAL ELIGIBILITY This subtitle may be cited as the ‘‘Cov- FOR MEDICAL ASSISTANCE UNDER ering Kids Act of 2005’’. accordance with subsection (c)(2)(B); and MEDICAID OR CHILD HEALTH AS- SEC. 252. GRANTS TO PROMOTE INNOVATIVE ‘‘(2) submit an annual report to Congress SISTANCE UNDER SCHIP. OUTREACH AND ENROLLMENT on the outreach activities funded by grants (a) MEDICAID.—Section 1902(e) of the Social UNDER MEDICAID AND SCHIP. awarded under this section. Security Act (42 U.S.C. 1396a(e)) is amended (a) GRANTS FOR EXPANDED OUTREACH AC- ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Federal by adding at the end the following: TIVITIES.—Title XXI of the Social Security funds awarded under this section shall be ‘‘(13)(A) At the option of the State, the Act (42 U.S.C. 1397aa et seq.) is amended by plan may provide that financial eligibility used to supplement, not supplant, non-Fed- adding at the end the following: requirements for medical assistance are met eral funds that are otherwise available for ‘‘SEC. 2111. EXPANDED OUTREACH ACTIVITIES. for a child who is under an age specified by activities funded under this section. ‘‘(a) GRANTS TO CONDUCT INNOVATIVE OUT- the State (not to exceed 21 years of age) by REACH AND ENROLLMENT EFFORTS.— ‘‘(f) DEFINITIONS.—In this section: using a determination made within a reason- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible able period (as determined by the State) be- award grants to eligible entities to— entity’ means any of the following: fore its use for this purpose, of the child’s ‘‘(A) conduct innovative outreach and en- ‘‘(A) A State or local government. family or household income, or if applicable rollment efforts that are designed to in- ‘‘(B) A Federal health safety net organiza- for purposes of determining eligibility under crease the enrollment and participation of tion. this title or title XXI, assets or resources, by eligible children under this title and title ‘‘(C) A national, local, or community-based a Federal or State agency, or a public or pri- XIX; and public or nonprofit private organization. vate entity making such determination on ‘‘(B) promote understanding of the impor- ‘‘(D) A faith-based organization or con- behalf of such agency, specified by the plan, tance of health insurance coverage for pre- sortia, to the extent that a grant awarded to including (but not limited to) an agency ad- natal care and children. such an entity is consistent with the require- ministering the State program funded under ‘‘(2) PERFORMANCE BONUSES.—The Sec- ments of section 1955 of the Public Health part A of title IV, the Food Stamp Act of retary may reserve a portion of the funds ap- Service Act (42 U.S.C. 300x–65) relating to a 1977, the Richard B. Russell National School propriated under subsection (g) for a fiscal grant award to non-governmental entities. Lunch Act, or the Child Nutrition Act of year for the purpose of awarding perform- ‘‘(E) An elementary or secondary school. 1966, notwithstanding any differences in ance bonuses during the succeeding fiscal ‘‘(2) FEDERAL HEALTH SAFETY NET ORGANI- budget unit, disregard, deeming, or other year to eligible entities that meet enroll- ZATION.—The term ‘Federal health safety net methodology, but only if— ment goals or other criteria established by organization’ means— ‘‘(i) the agency has fiscal liabilities or re- the Secretary. ‘‘(A) an Indian tribe, tribal organization, sponsibilities affected or potentially affected ‘‘(b) PRIORITY FOR AWARD OF GRANTS.— or an urban Indian organization receiving by such determination; and ‘‘(1) IN GENERAL.—In making grants under funds under title V of the Indian Health Care ‘‘(ii) any information furnished by the subsection (a)(1), the Secretary shall give Improvement Act (25 U.S.C. 1651 et seq.), or agency pursuant to this subparagraph is used priority to— an Indian Health Service provider; solely for purposes of determining financial ‘‘(A) eligible entities that propose to target ‘‘(B) a Federally-qualified health center (as eligibility for medical assistance under this geographic areas with high rates of— defined in section 1905(l)(2)(B)); title or for child health assistance under ‘‘(i) eligible but unenrolled children, in- ‘‘(C) a hospital defined as a dispropor- title XXI. cluding such children who reside in rural tionate share hospital for purposes of section ‘‘(B) Nothing in subparagraph (A) shall be areas; or 1923; construed— ‘‘(ii) racial and ethnic minorities and ‘‘(D) a covered entity described in section ‘‘(i) to authorize the denial of medical as- health disparity populations, including those 340B(a)(4) of the Public Health Service Act sistance under this title or of child health proposals that address cultural and lin- (42 U.S.C. 256b(a)(4)); and assistance under title XXI to a child who, guistic barriers to enrollment; and ‘‘(E) any other entity or a consortium that without the application of this paragraph, ‘‘(B) eligible entities that plan to engage in serves children under a federally-funded pro- would qualify for such assistance; outreach efforts with respect to individuals gram, including the special supplemental nu- ‘‘(ii) to relieve a State of the obligation described in subparagraph (A) and that are— trition program for women, infants, and chil- under subsection (a)(8) to furnish medical as- ‘‘(i) Federal health safety net organiza- dren (WIC) established under section 17 of sistance with reasonable promptness after tions; or the Child Nutrition Act of 1966 (42 U.S.C. the submission of an initial application that ‘‘(ii) faith-based organizations or con- 1786), the head start and early head start pro- is evaluated or for which evaluation is re- sortia. grams under the Head Start Act (42 U.S.C. quested pursuant to this paragraph; ‘‘(2) 10 PERCENT SET ASIDE FOR OUTREACH TO 9801 et seq.), the school lunch program estab- ‘‘(iii) to relieve a State of the obligation to INDIAN CHILDREN.—An amount equal to 10 lished under the Richard B. Russell National determine eligibility for medical assistance percent of the funds appropriated under sub- School Lunch Act, and an elementary or sec- under this title or for child health assistance section (g) for a fiscal year shall be used by ondary school. under title XXI on a basis other than family the Secretary to award grants to Indian ‘‘(3) INDIANS; INDIAN TRIBE; TRIBAL ORGANI- or household income (or, if applicable, assets Health Service providers and urban Indian ZATION; URBAN INDIAN ORGANIZATION.—The or resources) if a child is determined ineli- organizations receiving funds under title V terms ‘Indian’, ‘Indian tribe’, ‘tribal organi- gible for such assistance on the basis of in- of the Indian Health Care Improvement Act zation’, and ‘urban Indian organization’ have formation furnished pursuant to this para- (25 U.S.C. 1651 et seq.) for outreach to, and the meanings given such terms in section 4 graph; or enrollment of, children who are Indians. of the Indian Health Care Improvement Act ‘‘(iv) as affecting the applicability of any ‘‘(c) APPLICATION.—An eligible entity that (25 U.S.C. 1603). non-financial requirements for eligibility for desires to receive a grant under subsection medical assistance under this title or child (a)(1) shall submit an application to the Sec- ‘‘(g) APPROPRIATION.—There is appro- health assistance under title XXI.’’. retary in such form and manner, and con- priated, out of any money in the Treasury (b) SCHIP.—Section 2107(e)(1) of the Social taining such information, as the Secretary not otherwise appropriated, $50,000,000 for Security Act (42 U.S.C. 1397gg(e)(1)) is may decide. Such application shall include— each of fiscal years 2006 and 2007 for the pur- amended by adding at the end the following: ‘‘(1) quality and outcomes performance pose of awarding grants under this section. ‘‘(E) Section 1902(e)(13) (relating to the measures to evaluate the effectiveness of ac- Amounts appropriated and paid under the State option to base a determination of child’s financial eligibility for assistance on tivities funded by a grant awarded under this authority of this section shall be in addition financial determinations made by a program section to ensure that the activities are to amounts appropriated under section 2104 meeting their goals; and providing nutrition or other public assist- and paid to States in accordance with sec- ‘‘(2) an assurance that the entity shall— ance).’’. tion 2105, including with respect to expendi- ‘‘(A) conduct an assessment of the effec- (c) EFFECTIVE DATE.—The amendments tiveness of such activities against such per- tures for outreach activities in accordance made by this section take effect on October formance measures; and with subsection (a)(1)(D)(iii) of that sec- 1, 2005. ‘‘(B) cooperate with the collection and re- tion.’’. TITLE III—IMPROVING CARE AND STRENGTHENING THE SAFETY NET porting of enrollment data and other infor- (b) EXTENDING USE OF OUTSTATIONED WORK- Subtitle A—High Needs Areas mation determined as a result of conducting ERS TO ACCEPT TITLE XXI APPLICATIONS.— such assessments to the Secretary, in such Section 1902(a)(55) of the Social Security Act SEC. 301. PURPOSE. form and manner as the Secretary shall re- It is the purpose of this subtitle to enhance (42 U.S.C. 1396a(a)(55)) is amended by striking quire. the quality of life of residents of high need ‘‘(d) DISSEMINATION OF ENROLLMENT DATA ‘‘or (a)(10)(A)(ii)(IX)’’ and inserting areas by increasing their access to the pre- AND INFORMATION DETERMINED FROM EFFEC- ‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XIV), and ventive and primary healthcare services pro- TIVENESS ASSESSMENTS; ANNUAL REPORT.— applications for child health assistance vided by community health centers and rural The Secretary shall— under title XXI’’. health centers.

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SEC. 302. HIGH NEED COMMUNITY HEALTH CEN- ‘‘(A) IN GENERAL.—In considering applica- specialty, and hospital care to medically un- TERS. tions under this section, the Secretary shall derserved populations. Section 330 of the Public Health Service ensure that an application that dem- ‘‘(2) AMOUNT.— Act (42 U.S.C. 254b) is amended— onstrates economic viability, consistent ‘‘(A) IN GENERAL.—The amount of any (1) by redesignating subsections (k) with funding guidelines established by the grant made in any fiscal year under para- through (r) as subsections (l) through (s), re- Secretary for purposes of this section, is not graph (1) to an integrated health care system spectively; disadvantaged in the evaluation process on shall be determined by the Secretary (taking (2) by inserting after subsection (j), the fol- the basis that it relies solely on Federal into account the full range of care, including lowing: funding. specialty services, provided by the system), ‘‘(k) PRIORITY FOR RESIDENTS OF HIGH NEED ‘‘(B) QUALIFICATION OF INDIVIDUALS REVIEW- but may not exceed the amount by which the AREAS.— ING APPLICATIONS.—The Secretary shall re- costs of operation of the system in such fis- ‘‘(1) IN GENERAL.—In awarding grants under quire verification that all individuals who cal year exceed the total of— this section, the Secretary shall give pri- are evaluating community health center ‘‘(i) State, local, and other operational ority to eligible health centers in high need grant applications have completed within funding provided to the system; and areas. the 3-year period ending on the date on ‘‘(ii) the fees, premiums, and third-party ‘‘(2) ELIGIBLE HEALTH CENTERS.—A health which the application is being evaluated a reimbursements which the system may rea- center is described in this paragraph if such training course on the community health sonably be expected to receive for its oper- health center— center program which addresses the purposes ations in such fiscal year. ‘‘(A) is a health center as defined under served by community health centers, the ‘‘(B) PAYMENTS.—Payments under grants subsection (a) or a rural health clinic that critical role of community health centers in under paragraph (1) shall be made in advance receives funds under section 330A; the safety net, expectations for the evalua- or by way of reimbursement and in such in- ‘‘(B) agrees to use grant funds to provide tion of applications, and the criteria for stallments as the Secretary finds necessary preventive and primary healthcare services awarding grant funding. and adjustments may be made for overpay- to residents of high need areas; ‘‘(C) MEDICALLY UNDERSERVED DESIGNA- ments or underpayments. ‘‘(C) specifically requests such priority in TIONS.—Not later than 6 months after the ‘‘(C) USE OF NONGRANT FUNDS.—Nongrant the grant application; date of enactment of this paragraph, the Ad- funds described in clauses (i) and (ii) of sub- ‘‘(D) describes how the community to be ministrator of the Health Resources and paragraph (A), including any such funds in served meets the definition of high need Services Administration shall submit to the excess of those originally expected, shall be area; and appropriate committees of Congress a report used as permitted under this section, and ‘‘(E) otherwise meets all other grant re- concerning the process for designating an may be used for such other purposes as are quirements. area or population as medically underserved. not specifically prohibited under this section ‘‘(3) HIGH NEED AREA.— Such report shall contain recommendations if such use furthers the objectives of the project. ‘‘(A) IN GENERAL.—In this subsection, the for ensuring that such designations are cur- ‘‘(c) APPLICATIONS.— term ‘high need area’ means a county or a rent within the last 3 years. The report shall ‘‘(1) SUBMISSION.—No grant may be made regional area identified by the Secretary also detail plans for ensuring subsequent re- under this section unless an application pursuant to the regulations promulgated view to maintain an accurate reflection of therefore is submitted to, and approved by, under subparagraph (B). community needs in areas and populations the Secretary. Such an application shall be ‘‘(B) REGULATIONS.—The Secretary shall designated as medically underserved. Not submitted in such form and manner and promulgate regulations that define the term later than 1 year after such date of enact- shall contain such information as the Sec- ‘high need area’ for purposes of this sub- ment, the Secretary shall promulgate regu- retary shall prescribe. section. Such regulations shall specify proce- lations based on the recommendations con- ‘‘(2) DESCRIPTION OF NEED.— dures that the Department shall follow in detained in the report.’’. ‘‘(A) IN GENERAL.—An application for a termining estimates on a periodic basis in Subtitle B—Qualified Integrated Health Care grant under subsection (b)(1) for an inte- the United States of the number of medically systems grated health care system shall include— uninsured persons and the national percent- SEC. 321. GRANTS TO QUALIFIED INTEGRATED ‘‘(i) a description of the need for health age of medically uninsured persons served by HEALTH CARE SYSTEMS. care services in the area served by the inte- health centers (referred to in this subsection (a) ELIGIBILITY FOR GRANTS UNDER grated health care system; as the ‘ENP’) and for the designation of an PHSA.—Part D of title III of the Public ‘‘(ii) a demonstration by the applicant that area as a ‘high need area’ if the estimated Health Service Act (42 U.S.C. 254b et seq.) is the area or the population group to be served percentage of medically uninsured individ- amended by adding at the end the following by the applicant has a shortage of personal uals in the area is higher than the national new subpart: health services; and average and the estimated percentage of ‘‘Subpart XI—Promotion of Integrated Health ‘‘(iii) a demonstration that the health care medically uninsured individuals in the area Care Systems Serving Medically Under- system will be located so that it will provide served by health centers in the area is below served Populations services to the greatest number of individ- the ENP. ‘‘SEC. 340H. GRANTS TO QUALIFIED INTEGRATED uals residing in such area or included in such ‘‘(C) MEDICALLY UNDERSERVED AREA.—The HEALTH CARE SYSTEMS. population group. Secretary shall designate residents of high ‘‘(a) DEFINITIONS.—For purposes of this sec- ‘‘(B) DEMONSTRATIONS.—A demonstration need areas as medically underserved for pur- tion: shall be made under clauses (ii) or (iii) of poses of this section. ‘‘(1) QUALIFIED INTEGRATED HEALTH CARE subparagraph (A) on the basis of the criteria ‘‘(4) FUNDING PREFERENCE.—The Secretary SYSTEM.—The term ‘qualified integrated prescribed by the Secretary under section may limit the amount of grants awarded to health care system’ means an integrated 330(b)(3) or on the basis of any other criteria applicants from high need areas as provided health care system that— which the Secretary may prescribe to deter- for in this subsection to not less than 25 per- ‘‘(A) has a demonstrated capacity and com- mine if the area or population group to be cent of the total amount of grants awarded mitment to provide a full range of primary, served by the applicant has a shortage of under this subsection for each grant cat- specialty, and hospital care to a medically personal health services. egory for each grant period.’’; underserved population in both inpatient and ‘‘(C) CONDITION OF APPROVAL.—In consid- (3) in subsection (e)(1)(B), by striking ‘‘sub- outpatient settings, as appropriate; ering an application for a grant under subsection (k)(3)’’ and inserting ‘‘subsection ‘‘(B) is organized to provide such care in a section (b)(1), the Secretary may require as a (l)(3)’’; coordinated fashion; condition to the approval of such application (4) in subsection (l)(3)(H)(iii) (as so redesig- ‘‘(C) operates one or more integrated an assurance that any integrated health cen- nated), by striking ‘‘or (p)’’ and inserting ‘‘or health centers meeting the requirements of ter operated by the applicant will provide (q)’’; section 340I; any required primary health services and (5) in subsection (m) (as so redesignated), ‘‘(D) meets the requirements of subsection any additional health services (as defined in by striking ‘‘subsection (k)(3)’’ and inserting (c)(3); and section 340I) that the Secretary finds are ‘‘subsection (l)(3)’’; ‘‘(E) agrees to use any funds received under needed to meet specific health needs of the (6) in subsection (q) (as so redesignated), by this section to supplement and not to sup- area to be served by the applicant. Such a striking ‘‘subsection (k)(3)(G)’’ and inserting plant amounts received from other sources finding shall be made in writing and a copy ‘‘subsection (l)(3)(G)’’; and for the provision of such care. shall be provided to the applicant. (7) in subsection (s)(2)(A) (as so redesig- ‘‘(2) MEDICALLY UNDERSERVED POPU- ‘‘(3) REQUIREMENTS.—The Secretary shall nated), by striking ‘‘subsection (k)’’ each LATION.—The term ‘medically underserved approve an application for a grant under sub- place that such appears and inserting ‘‘sub- population’ has the meaning given such term section (b)(1) if the Secretary determines section (l)’’. in section 330(b)(3). that the entity for which the application is SEC. 303. GRANT APPLICATION PROCESS. ‘‘(b) OPERATING GRANTS.— submitted is an integrated health care sys- Section 330(k) of the Public Health Service ‘‘(1) AUTHORITY.—The Secretary may make tem (within the meaning of subsection (a)) Act (42 U.S.C. 254b(k)) is amended by adding grants to private nonprofit entities for the and that— at the end the following: costs of the operation of qualified integrated ‘‘(A) the primary, specialty, and hospital ‘‘(5) ECONOMIC VIABILITY OF APPLICANTS.— health care systems that provide primary, care provided by the system will be available

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.032 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8983 and accessible in the service area of the sys- ‘‘(i) developed a plan and made arrange- ‘‘(B) the processes used by the entity to tem promptly, as appropriate, and in a man- ments for providing services, to the extent meet the financial and program reporting re- ner which assures continuity; practicable, in the predominant language or quirements of the Secretary; and ‘‘(B) the system is participating (or will languages of such individuals and in the cul- ‘‘(C) the billing and collection procedures participate) in a community consortium of tural context most appropriate to such indi- of the entity and the relation of the proce- safety net providers serving such area (un- viduals; and dures to its fee schedule and schedule of dis- less other such safety net providers do not ‘‘(ii) identified one or more individuals on counts and to the availability of health in- exist in a community, decline or refuse to its staff who are fluent in such predominant surance and public programs to pay for the participate, or place unreasonable conditions language or languages and in English and health services it provides. on their participation); whose responsibilities shall include pro- A report of each such audit shall be filed ‘‘(C) all of the centers operated by the sys- viding guidance to such individuals and to with the Secretary at such time and in such tem are accredited by a national accredita- other appropriate staff members with respect manner as the Secretary may require. tion body recognized by the Secretary; to cultural sensitivities and bridging lin- ‘‘(2) RECORDS.—Each entity which receives ‘‘(D) the system will demonstrate its finan- guistic and cultural differences; a grant under this section shall establish and cial responsibility by the use of such ac- ‘‘(K) the system maintains appropriate re- maintain such records as the Secretary shall counting procedures and other requirements ferral relationships between its hospitals, its by regulation require to facilitate the audit as may be prescribed by the Secretary; physicians with hospital privileges, and any required by paragraph (1). The Secretary ‘‘(E) the system provides or will provide integrated health center operated by the sys- may specify by regulation the form and man- services to individuals who are eligible for tem so that primary, specialty care, and hos- ner in which such records shall be estab- medical assistance under title XIX of the So- pital care is provided in a continuous and co- lished and maintained. cial Security Act and to individuals who are ordinated way; and ‘‘(3) AVAILABILITY OF RECORDS.—Each enti- eligible for assistance under title XXI of ‘‘(L) the system encourages persons receiv- ty which is required to establish and main- such Act; ing or seeking health services from the sys- tain records or to provide for an audit under ‘‘(F) the system— tem to participate in any public or private this subsection shall make such books, docu- ‘‘(i) has prepared a schedule of fees or pay- (including employer-offered) health pro- ments, papers, and records available to the ments for the provision of its services con- grams or plans for which the persons are eli- Secretary or the Comptroller General of the sistent with locally prevailing rates or gible, so long as the center, in complying United States, or any of their duly author- charges and designed to cover its reasonable with this paragraph, does not violate the re- ized representatives, for examination, copy- costs of operation and has prepared a cor- quirements of subparagraph (F)(ii)(I). ing, or mechanical reproduction on or off the responding schedule of discounts to be ap- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— premises of such entity upon a reasonable re- plied to the payment of such fees or pay- ‘‘(1) IN GENERAL.—There are authorized to quest therefore. The Secretary and the ments, and which discounts are adjusted on be appropriated to carry out this section Comptroller General of the United States, or the basis of the patient’s ability to pay; such sums as may be necessary for each of any of their duly authorized representatives, ‘‘(ii)(I) will assure that no patient will be fiscal years 2006 through 2010. shall have the authority to conduct such ex- denied health care services due to an individ- ‘‘(2) FUNDING REPORT.—The Secretary shall amination, copying, and reproduction. ual’s inability to pay for such services; and annually prepare and submit to the appro- ‘‘(4) WAIVER.—The Secretary may, under ‘‘(II) will assure that any fees or payments priate committees of Congress a report con- appropriate circumstances, waive the appli- required by the system for such services will cerning the distribution of funds under this cation of all or part of the requirements of be reduced or waived to enable the system to section that are provided to meet the health this subsection with respect to an entity. fulfill the assurance described in subclause care needs of medically underserved popu- ‘‘SEC. 340I. INTEGRATED HEALTH CENTER. (I); and lations, and the appropriateness of the deliv- ‘‘(a) INTEGRATED HEALTH CENTER .—The ‘‘(iii) has submitted to the Secretary such ery systems involved in responding to the term ‘integrated health center’ means an reports as the Secretary may require to de- needs of the particular populations. Such re- health center that is operated by an inte- termine compliance with this subparagraph; port shall include an assessment of the rel- grated health care system and that serves a ‘‘(G) the system has established a gov- ative health care access needs of the tar- medically underserved population (as defined erning board that selects the services to be geted populations and the rationale for any for purposes of section 330(b)(3)) by pro- provided by the center, approves the center’s substantial changes in the distribution of viding, either through the staff and sup- annual budget, approves the selection of a di- funds. porting resources of the center or through rector for the center, and establishes general ‘‘(e) RECORDS.— contracts or cooperative arrangements— policies for the center; ‘‘(1) IN GENERAL.—Each entity which re- ‘‘(1) required primary health services (as ‘‘(H) the system has developed— ceives a grant under subsection (b)(1) shall defined in subsection (b)(1)); and ‘‘(i) an overall plan and budget that meets establish and maintain such records as the ‘‘(2) as may be appropriate for particular the requirements of the Secretary; and Secretary shall require. centers additional health services (as defined ‘‘(ii) an effective procedure for compiling ‘‘(2) AVAILABILITY.—Each entity which is in subsection (b)(2)) necessary for the ade- and reporting to the Secretary such statis- required to establish and maintain records quate support of the primary health services tics and other information as the Secretary under this subsection shall make such books, required under paragraph (1); may require relating to— documents, papers, and records available to for all residents of the area served by the ‘‘(I) the costs of its operations; the Secretary or the Comptroller General of center. ‘‘(II) the patterns of use of its services; the United States, or any of their duly au- ‘‘(b) DEFINITIONS.—For purposes of this sec- ‘‘(III) the availability, accessibility, and thorized representatives, for examination, tion: acceptability of its services; and copying, or mechanical reproduction on or ‘‘(1) REQUIRED PRIMARY HEALTH SERVICES.— ‘‘(IV) such other matters relating to oper- off the premises of such entity upon a rea- The term ‘required primary health services’ ations of the applicant as the Secretary may sonable request therefore. The Secretary and means— require; the Comptroller General of the United ‘‘(A) basic health services which, for pur- ‘‘(I) the system will review periodically its States, or any of their duly authorized rep- poses of this section, shall consist of— service area to— resentatives, shall have the authority to ‘‘(i) health services related to family medi- ‘‘(i) ensure that the size of such area is conduct such examination, copying, and re- cine, internal medicine, pediatrics, obstet- such that the services to be provided through production. rics, or gynecology that are furnished by the system (including any satellite) are ‘‘(f) AUDITS.— physicians and where appropriate, physician available and accessible to the residents of ‘‘(1) IN GENERAL.—Each entity which re- assistants, nurse practitioners, and nurse the area promptly and as appropriate; ceives a grant under this section shall pro- midwives; ‘‘(ii) ensure that the boundaries of such vide for an independent annual financial ‘‘(ii) diagnostic laboratory and radiologic area conform, to the extent practicable, to audit of any books, accounts, financial services; relevant boundaries of political subdivisions, records, files, and other papers and property ‘‘(iii) preventive health services, includ- school districts, and Federal and State which relate to the disposition or use of the ing— health and social service programs; and funds received under such grant and such ‘‘(I) prenatal and perinatal services; ‘‘(iii) ensure that the boundaries of such other funds received by or allocated to the ‘‘(II) appropriate cancer screening; area eliminate, to the extent possible, bar- project for which such grant was made. For ‘‘(III) well-child services; riers to access to the services of the system, purposes of assuring accurate, current, and ‘‘(IV) immunizations against vaccine-pre- including barriers resulting from the area’s complete disclosure of the disposition or use ventable diseases; physical characteristics, its residential pat- of the funds received, each such audit shall ‘‘(V) screenings for elevated blood lead lev- terns, its economic and social grouping, and be conducted in accordance with generally els, communicable diseases, and cholesterol; available transportation; accepted accounting principles. Each audit ‘‘(VI) pediatric eye, ear, and dental ‘‘(J) in the case of a system which serves a shall evaluate— screenings to determine the need for vision substantial proportion of individuals of lim- ‘‘(A) the entity’s implementation of the and hearing correction and dental care; ited English-speaking ability, the system guidelines established by the Secretary re- ‘‘(VII) voluntary family planning services; has— specting cost accounting; and

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.032 S26JYPT1 S8984 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘(VIII) preventive dental services; fined in section 340H(a)(1) of the Public ‘‘(i) is receiving a grant under section 340H ‘‘(iv) emergency medical services; and Health Service Act that— of the Public Health Service Act; or ‘‘(v) pharmaceutical services and medica- ‘‘(A) is receiving a grant under section ‘‘(ii) is determined by the Secretary, based tion therapy management services as may be 340H of such Act; or on the recommendations of the Adminis- appropriate for particular centers; ‘‘(B) is determined by the Secretary to trator of the Centers for Medicare & Med- ‘‘(B) referrals to providers of medical serv- meet the requirements for receiving such a icaid Services, to meet the requirements for ices (including specialty and hospital care grant.’’. receiving such a grant.’’. referrals when medically indicated) and (3) PAYMENT.— (3) PAYMENT.—Section 1902(a) of such Act other health-related services (including sub- (A) IN GENERAL.—Section 1832(a)(2)(D) of (42 U.S.C. 1396a(a)) is amended— stance abuse and mental health services); the Social Security Act (42 U.S.C. (A) in paragraph (15), by inserting ‘‘and for ‘‘(C) patient case management services (in- 1395k(a)(2)(D)) is amended— services described in clause (D) of section cluding counseling, referral, and follow-up (i) by striking ‘‘and (ii)’’ and inserting ‘‘, 1905(a)(2) in accordance with the provisions services) and other services designed to as- (ii)’’; and of subsection (cc)’’ after ‘‘subsection (bb)’’; sist health center patients in establishing (ii) by striking ‘‘services’’ the second place and eligibility for and gaining access to Federal, it appears and inserting ‘‘services, and (iii) (B) by adding at the end the following: State, and local programs that provide or fi- integrated health center services.’’. ‘‘(cc) PAYMENT FOR SERVICES PROVIDED BY nancially support the provision of medical, (B) PART B DEDUCTIBLE DOES NOT APPLY.— social, housing, educational, or other related Section 1833(b)(4) of the Social Security Act INTEGRATED HEALTH CENTERS.— services; (42 U.S.C. 13951(b)(4)) is amended by inserting ‘‘(1) IN GENERAL.—Beginning with fiscal ‘‘(D) services that enable individuals to use ‘‘or integrated health center services’’ after year 2006 with respect to services furnished the services of the center (including out- ‘‘Federally qualified health center services’’. on or after January 1, 2006, and each suc- reach and transportation services and, if a (C) EXCLUSION FROM PAYMENT REMOVED.— ceeding fiscal year, the State plan shall pro- substantial number of the individuals in the The second sentence of section 1862(a) of the vide for payment for services described in population served by a center are of limited Social Security Act (42 U.S.C. 1395y(a)) is section 1905(a)(2)(D) furnished by an inte- English-speaking ability, the services of ap- amended by inserting ‘‘or integrated health grated health center in accordance with the propriate personnel fluent in the languages center services described in section 1861 provisions of this subsection. spoken by a predominant number of such in- (aa)(5)(B)’’ after ‘‘section 1861(aa)(3)(B)’’. ‘‘(2) FISCAL YEAR 2006.—Subject to para- dividuals); and (D) WAIVER OF ANTI-KICKBACK RESTRIC- graph (4), for services furnished on and after ‘‘(E) education of patients and the general TION.—Section 1128B(b)(3)(D) of the Social January 1, 2006, during fiscal year 2006, the population served by the center regarding Security Act (42 U.S.C. 1320a–7b(b)(3)(D)) is State plan shall provide for payment for the availability and proper use of health amended by inserting ‘‘or by an integrated such services in an amount (calculated on a services. health center’’ after ‘‘Federally qualified per visit basis) that is equal to 100 percent of ‘‘(2) ADDITIONAL HEALTH SERVICES.—The health center’’. the average of the costs of the center of fur- term ‘additional health services’ means serv- (4) CONFORMING AMENDMENTS.—(A) Clauses nishing such services during fiscal years 2004 ices that are not included as required pri- (ii) and (iv) of section 1834(a)(1)(E) of the So- and 2005 which are reasonable and related to mary health services and that are appro- cial Security Act (42 U.S.C. 1395m(a)(1)(E)) the cost of furnishing such services, or based priate to meet the health needs of the popu- are each amended by striking ‘‘section on such other tests of reasonableness as the lation served by the center involved. Such 1861(aa)(5)’’ and inserting ‘‘section Secretary prescribes in regulations under term may include— 1861(aa)(7)’’. section 1833(a)(3), or, in the case of services ‘‘(A) behavioral and mental health and sub- (B) Section 1842(b)(18)(C)(i) of the Social to which such regulations do not apply, the stance abuse services; Security Act (42 U.S.C. 1395u(b)(18)(C)(i)) is same methodology used under section ‘‘(B) recuperative care services; and amended by striking ‘‘section 1861(aa)(5)’’ 1833(a)(3), adjusted to take into account any ‘‘(C) environmental health services. and inserting ‘‘section 1861(aa)(7)’’. increase or decrease in the scope of such (b) COVERAGE UNDER THE MEDICARE PRO- (C) Section 1861(s)(2) of the Social Security services furnished by the center during fiscal GRAM.— Act (42 U.S.C. 1395x(s)(2)) is amended— years 2004 and 2005. (1) PART B BENEFIT.—Section 1861(s)(2)(E) of (i) in subparagraph (H)(i), by striking ‘‘sub- ‘‘(3) FISCAL YEAR 2007 AND SUCCEEDING FIS- the Social Security Act (42 U.S.C. section (aa)(5)’’ and inserting ‘‘subsection CAL YEARS.—Subject to paragraph (4), for 1395x(s)(2)(E)) is amended— (aa)(7)’’; and services furnished during fiscal year 2007 or a (A) by striking ‘‘services and’’ and insert- (ii) in subparagraph (K)— succeeding fiscal year, the State plan shall ing ‘‘services,’’; and (I) by striking ‘‘subsection (aa)(5)’’ each provide for payment for such services in an (B) by striking ‘‘services’’ the second place place it appears and inserting ‘‘subsection amount (calculated on a per visit basis) that it appears and inserting ‘‘services, and inte- (aa)(7)’’; and is equal to the amount calculated for such grated health center services’’. (II) by striking ‘‘subsection (aa)(6)’’ and in- services under this subsection for the pre- (2) DEFINITIONS.—Section 1861(aa) of the serting ‘‘subsection (aa)(8)’’. ceding fiscal year— Social Security Act (42 U.S.C. 1395x(aa)) is (D) Section 1861(dd)(3)(B) of the Social Se- ‘‘(A) increased by the percentage increase amended— curity Act (42 U.S.C. 1395x(dd)(3)(B)) is in the MEI (as defined in section 1842(i)(3)) (A) in the heading— amended by striking ‘‘subsection (aa)(5)’’ and for that fiscal year; and (i) by striking ‘‘SERVICES AND’’ and insert- inserting ‘‘subsection (aa)(7)’’. ‘‘(B) adjusted to take into account any in- ing ‘‘SERVICES,’’; and (c) RECOGNITION UNDER MEDICAID.— crease or decrease in the scope of such serv- (ii) by striking ‘‘SERVICES’’ the second (1) COVERAGE.—Section 1905(a)(2) of the So- ices furnished by the center during that fis- place it appears and inserting ‘‘SERVICES, cial Security Act (42 U.S.C. 1396d(a)(2)) is cal year. AND INTEGRATED HEALTH CENTER SERVICES’’; amended— ‘‘(4) ESTABLISHMENT OF INITIAL YEAR PAY- (B) in paragraph (1)(B), by striking ‘‘para- (A) by striking ‘‘and (C)’’ and inserting ‘‘, MENT AMOUNT FOR NEW CENTERS.—In any case graph (5))’’ and inserting ‘‘paragraph (7)); (C)’’; and in which an entity first qualifies as an inte- (C) by redesignating paragraphs (5), (6), and (B) by inserting ‘‘, and grated health center after fiscal year 2006, (7) as paragraphs (7), (8), and (9), respec- ‘‘(D) integrated health center services (as the State plan shall provide for payment for tively; and defined in subsection (1)(3)(A)) and any other services described in section 1905(a)(2)(D) fur- (D) by inserting after paragraph (4) the fol- ambulatory services offered by the inte- nished by the center in the first fiscal year lowing new paragraph: grated health center and which are otherwise in which the center so qualifies in an amount ‘‘(5) The term ‘integrated health center included in the plan.’’ after ‘‘included in the (calculated on a per visit basis) that is equal services’ means— plan’’ the second place it appears. to 100 percent of the costs of furnishing such ‘‘(A) services of the type described in sub- (2) DEFINITIONS.—Section 1905(l) of such services during such fiscal year based on the paragraphs (A) through (C) of paragraph (1); Act (42 U.S.C. 1396d(l)) is amended by adding rates established under this subsection for and at the end the following: the fiscal year for other such centers located ‘‘(B) preventive primary health services ‘‘(3)(A) The term ‘integrated health center in the same or adjacent area with a similar that a center is required to provide under services’ means services of the type de- case load or, in the absence of such a center, section 340I of the Public Health Service Act, scribed in subparagraphs (A) through (C) of in accordance with the regulations and when furnished to an individual as an out- section 1861(aa) when furnished to an indi- methodology referred to in paragraph (2) or patient of an integrated health center, and vidual as a patient of an integrated health based on such other tests of reasonableness for this purpose, any reference to a rural center and, for this purpose, any reference to as the Secretary may specify. For each fiscal health clinic or a physician described in a rural health clinic or a physician described year following the fiscal year in which the paragraph (2)(B) is deemed a reference to an in section 1861(aa)(2)(B) is deemed a ref- entity first qualifies as an integrated health integrated health center or a physician at erence to an integrated health center or a center, the State plan shall provide for the the center, respectively. physician at the center, respectively. payment amount to be calculated in accord- ‘‘(6) The term ‘integrated health center’ ‘‘(B) The term ‘integrated health center’ ance with paragraph (3). means a center that is operated by a quali- means a center that is operated by a quali- ‘‘(5) ADMINISTRATION IN THE CASE OF MAN- fied integrated health care system (as de- fied integrated health care system that— AGED CARE.—

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.032 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8985

‘‘(A) IN GENERAL.—In the case of services ‘‘(s) MISCELLANEOUS PROVISIONS.— XIX of the Social Security Act in order to furnished by an integrated health center pur- ‘‘(1) RULE OF CONSTRUCTION WITH RESPECT avoid duplicative discounts. suant to a contract between the center and a TO RURAL HEALTH CLINICS.— ‘‘(E) The issuance of advisory opinions managed care entity (as defined in section ‘‘(A) IN GENERAL.—Nothing in this section within defined time periods in response to 1932(a)(1)(B)), the State plan shall provide for shall be construed to prevent a community questions from manufacturers or covered en- payment to the center by the State of a sup- health center from contracting with a feder- tities regarding the application of the re- plemental payment equal to the amount (if ally certified rural health clinic (as defined quirements of this section in specific factual any) by which the amount determined under by section 1861(aa)(2) of the Social Security circumstances. paragraphs (2), (3), and (4) exceeds the Act) for the delivery of primary health care ‘‘(F) Insofar as the Secretary determines amount of the payments provided under the services that are available at the rural feasible, providing access through the Inter- contract. health clinic to individuals who would other- net website of the Department of Health and ‘‘(B) PAYMENT SCHEDULE.—The supple- wise be eligible for free or reduced cost care Human Services on the prices for covered mental payment required under subpara- if that individual were able to obtain that drugs made available under this section, but graph (A) shall be made pursuant to a pay- care at the community health center. Such only in a manner (such as through the use of ment schedule agreed to by the State and services may be limited in scope to those pri- password protection) that limits such access the integrated health center, but in no case mary health care services available in that to covered entities. less frequently than every 4 months. rural health clinic. ‘‘(G) The improved dissemination of edu- ‘‘(6) ALTERNATIVE PAYMENT METHODOLO- ‘‘(B) ASSURANCES.—In order for a rural cational materials regarding the program GIES.—Notwithstanding any other provision health clinic to receive funds under this sec- under this section to covered entities that of this section, the State plan may provide tion through a contract with a community are not currently participating in such pro- for payment in any fiscal year to an inte- health center under paragraph (1), such rural grams including regional educational ses- grated health center for services described in health clinic shall establish policies to en- sions. section 1905(a)(2)(D) in an amount which is sure— ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— determined under an alternative payment ‘‘(i) nondiscrimination based upon the abil- There are authorized to be appropriated to methodology that— ity of a patient to pay; and carry out this subsection, such sums as may ‘‘(A) is agreed to by the State and the cen- ‘‘(ii) the establishment of a sliding fee be necessary for fiscal year 2006 and each ter; and scale for low-income patients.’’. succeeding fiscal year.’’. ‘‘(B) results in payment to the center of an SEC. 332. IMPROVEMENTS TO SECTION 340B PRO- SEC. 333. FORBEARANCE FOR STUDENT LOANS amount which is at least equal to the GRAM. FOR PHYSICIANS PROVIDING SERV- amount otherwise required to be paid to the (a) ELIMINATION OF GROUP PURCHASING ICES IN FREE CLINICS. center under this section.’’. PROHIBITION FOR CERTAIN HOSPITALS.—Sec- (a) IN GENERAL.—Section 428(c)(3)(A) of the (4) WAIVER PROHIBITED.—Section 1915(b) of tion 340B(a)(4)(L) of the Public Health Serv- Higher Education Act of 1965 (20 U.S.C. the Social Security Act (42 U.S.C.1396n(b)) is ice Act (42 U.S.C. 256b(a)(4)(L)) is amended— 1078(c)(3)(A)) is amended— amended in the matter preceding paragraph (1) in clause (i), by adding ‘‘and’’ at the (1) in clause (i)— (1), by inserting ‘‘1902(cc),’’ after ‘‘1902(bb),’’. end; (A) in subclause (III), by striking ‘‘or’’ at (d) PROTECTION AGAINST LIABILITY.—Sec- (2) in clause (ii), by striking ‘‘; and’’ and the end; tion 224(g) of the Public Health Service Act inserting a period; and (B) in subclause (V), by adding ‘‘or’’ at the (42 U.S.C. 233(g)) is amended— (3) by striking clause (iii). end; and (1) In paragraph (4), by striking ‘‘An enti- (b) PERMITTING USE OF MULTIPLE CONTRACT (C) by adding at the end the following: ty’’ and inserting ‘‘Subject to paragraph (6), PHARMACIES.—Section 340B f the Public ‘‘(V) is volunteering without pay for at an entity’’; and Health Service Act (42 U.S.C. 256b) is amend- least 80 hours per month at a free clinic as (2) by adding at the end the following: ed by adding at the end the following: ‘‘(6) For purposes of this section— defined under section 224 of the Public ‘‘(e) PERMITTING USE OF MULTIPLE CON- Health Service Act;’’; and ‘‘(A) a qualified integrated health care sys- TRACT PHARMACIES.—Nothing in this section tem receiving a grant under section 340H and (2) in clause (ii)(III), by inserting ‘‘or shall be construed as prohibiting a covered (i)(V)’’ after ‘‘clause (i)(III)’’. any integrated health center operated by entity from entering into contracts with such system shall be considered to be an en- more than one pharmacy for the provision of (b) PERKINS PROGRAM.—Section 464(e) of tity described in paragraph (4); and covered drugs, including a contract that— the Higher Education Act of 1965 (20 U.S.C. ‘‘(B) the provisions of this section shall ‘‘(1) supplements the use of an in-house 1087dd(e)) is amended— apply to such system and centers in the pharmacy arrangement; or (1) in paragraph (1), by striking ‘‘or’’ at the same manner as such provisions apply to an ‘‘(2) requires the approval of the Sec- end; entity described in such paragraph (4), ex- retary.’’. (2) in paragraph (2), by striking the period cept that— (c) IMPROVEMENTS IN PROGRAM ADMINISTRA- and inserting ‘‘; or’’; and ‘‘(i) notwithstanding paragraph (1)(B), the TION.—Section 340B of the Public Health (3) by adding at the end the following: deeming of any system or center, or of an of- Service Act (42 U.S.C. 256b), as amended by ‘‘(3) the borrower is volunteering without ficer, governing board member, employee, or subsection (b), is further amended by adding pay for at least 80 hours per month at a free contractor of such system or center, to be an at the end the following: clinic as defined under section 224 of the employee of the Public Health Service for ‘‘(f) IMPROVEMENTS IN PROGRAM ADMINIS- Public Health Service Act.’’. purposes of this section shall apply only with TRATION.— respect to items and services that are fur- SEC. 334. AMENDMENTS TO THE PUBLIC HEALTH ‘‘(1) IN GENERAL.—The Secretary shall pro- SERVICE ACT RELATING TO LIABIL- nished to a member of the underserved popu- vide, from funds appropriated under para- ITY. lation served by the entity; graph (2), for improvements in the integrity ‘‘(ii) notwithstanding paragraph (3), this Section 224 of the Public Health Service and administration of the program under Act (42 U.S.C. 233) is amended— paragraph shall apply only with respect to this section in order to prevent abuse and causes of action arising from acts or omis- (1) in subsection (g)(1)— misuse of discounted prices made available (A) in subparagraph (A)— sions that occur on or after January 1, 2006; under this section. Such improvements shall and (i) in the first sentence, by striking ‘‘or include the following: employee’’ and inserting ‘‘employee, or (sub- ‘‘(iii) the Secretary shall make separate es- ‘‘(A) The development of a system to verify timates under subsection (k)(1) with respect ject to subsection (k)(4)) volunteer practi- the accuracy of information regarding cov- tioner’’; and to such systems and centers and entities de- ered entities that is listed on the Internet scribed in paragraph (4) (other than such sys- (ii) in the second sentence, by inserting website of the Department of Health and ‘‘and subsection (k)(4)’’ after ‘‘subject to tems and centers), establish separate funds Human Services relating to this section. under subsection (k)(2) with respect to such paragraph (5)’’; and ‘‘(B) The establishment of a third-party au- (B) by adding at the end the following: groups of entities, and any appropriations diting system by which covered entities and under this subsection for such systems and manufacturers are regularly audited to en- ‘‘(I) For purposes of this subsection, the centers shall be separate from the amounts sure compliance with the requirements of term ‘employee’ shall include a health pro- authorized by subsection (k)(2).’’. this section. fessional who volunteers to provide health- (e) EFFECTIVE DATE.—The amendments ‘‘(C) The conduct of such audits under sub- related services for an entity described in made subsections (b) and (c) shall apply to section (a)(5)(C) that supplement the audits paragraph (4).’’; items and services furnished on or after Oc- conducted under subparagraph (B) as the (2) in subsection (k), by adding at the end tober 1, 2005. Secretary determines appropriate and the the following: Subtitle C—Miscellaneous Provisions implementation of dispute resolution guide- ‘‘(4)(A) Subsections (g) through (m) apply SEC. 331. COMMUNITY HEALTH CENTER COL- lines and other compliance programs. with respect to volunteer practitioners be- LABORATIVE ACCESS EXPANSION. ‘‘(D) The development of more detailed ginning with the first fiscal year for which Section 330 of the Public Health Service guidance regarding the definition of section an appropriations Act provides that amounts Act (42 U.S.C. 254b) is amended by adding at 340B patients and describing options for bill- in the fund under paragraph (2) are available the end the following: ing under the medicaid program under title with respect to such practitioners.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.032 S26JYPT1 S8986 CONGRESSIONAL RECORD — SENATE July 26, 2005 ‘‘(B) For purposes of subsections (g) Whereas Captain John Barry, while in Whereas education and information about through (m), the term ‘volunteer practi- command of the frigate Alliance, success- dyspraxia are important to detection and tioner’ means a practitioner who, with re- fully transported French gold to America to treatment; and spect to an entity described in subsection help finance the American War for Independ- Whereas the Senate as an institution, and (g)(4), meets the following conditions: ence and also won numerous victories at sea; Members of the Senate as individuals, are in ‘‘(i) The practitioner is a licensed physi- Whereas when the First Congress, acting unique positions to help raise the public cian or a licensed clinical psychologist. under the new Constitution of the United awareness about dyspraxia: Now, therefore, ‘‘(ii) At the request of such entity, the States, authorized the raising and construc- be it practitioner provides services to patients of tion of the United States Navy, it was to Resolved, That— the entity, at a site at which the entity oper- Captain John Barry that President George (1) the Senate designates August 19, 2005, ates or at a site designated by the entity. Washington turned to build and lead the new as ‘‘National Dyspraxia Awareness Day’’; and The weekly number of hours of services pro- Nation’s infant Navy, the successor to the (2) it is the sense of the Senate that— vided to the patients by the practitioner is Continental Navy of the War for Independ- (A) all Americans should be more informed not a factor with respect to meeting condi- ence; of dyspraxia, its easily recognizable symp- tions under this subparagraph. Whereas Captain John Barry supervised toms, and its proper treatment; ‘‘(iii) The practitioner does not for the pro- the building of his flagship, the U.S.S. (B) the Secretary of Education should es- vision of such services receive any com- United States; tablish and promote a campaign in elemen- pensation from such patients, from the enti- Whereas on February 22, 1797, President tary and secondary schools across the Nation ty, or from third-party payors (including re- Washington personally conferred upon Cap- to encourage the social acceptance of imbursement under any insurance policy or tain John Barry, by and with the advice and dyspraxic children; and health plan, or under any Federal or State consent of the Senate, the rank of Captain, (C) the Federal Government has a responsi- health benefits program).’’; with ‘‘Commission No. 1’’, United States bility to— (3) in subsection (o)(2)— Navy, dated June 7, 1794; (i) endeavor to raise awareness about (A) in subparagraph (D), by striking clause Whereas John Barry served as the senior dyspraxia; (i) and inserting the following: officer of the United States Navy, with the (ii) consider ways to increase the knowl- ‘‘(i) The health care practitioner may pro- title of ‘‘Commodore’’ (in official correspond- edge of possible therapy and access to health vide the services involved as an employee of ence), under Presidents Washington, John care services for people with dyspraxia; and the free clinic, or may receive repayment Adams, and Jefferson; (iii) endeavor to inform educators on how from the free clinic only for reasonable ex- Whereas as commander of the first United to recognize dyspraxic symptoms and to ap- penses incurred by the health care practi- States naval squadron under the Constitu- propriately handle this disorder. tioner in the provision of the services to the tion of the United States, which included the Ms. LANDRIEU. Mr. President, I rise individual.’’; and U.S.S. Constitution (‘‘Old Ironsides’’), John today to say just a few words on the (B) by adding at the end the following: Barry was a Commodore, with the right to resolution I have submitted concerning ‘‘(G) The health care practitioner is pro- fly a broad pendant, which made him a flag viding the services involved as a paid em- officer; and dyspraxia, a developmental disorder ployee of the free clinic.’’; and Whereas in this sense it can be said that that affects 1 in 20 American children (4) in each of subsections (g), (i), (j), (k), (l), Commodore John Barry was the first flag of- each year. My intent is to increase the and (m), by striking ‘‘employee, or con- ficer of the United States Navy: Now, there- public’s awareness of this disability tractor’’ each place such term appears and fore, be it and to encourage each of my colleagues inserting ‘‘employee, volunteer practitioner, Resolved by the Senate and House of Rep- to do the same. or contractor’’; resentatives of the United States of America in Let me share a few facts with you. SEC. 335. SENSE OF THE SENATE CONCERNING Congress assembled, That Commodore John Dyspraxia is caused by the malforma- HEALTH DISPARITIES. Barry is recognized, and is hereby honored, tion of the neurons of the brain, result- It is the sense of the Senate that addi- as the first flag officer of the United States tional measures are needed to reduce or Navy. ing in the inability of one’s senses to eliminate disparities in health care related respond efficiently to outside stimuli. to race, ethnicity, socioeconomic status, and f It may manifest itself in various areas, geography that affect access to quality SUBMITTED RESOLUTIONS such as movement, language, percep- health care. tion, and thought, causing difficulty in By Mr. SPECTER (for himself, both work and play. One in twenty SENATE RESOLUTION 211—DESIG- Mr. CORZINE, Mr. LAUTENBERG, children suffers from this disorder. NATING AUGUST 19, 2005, AS ‘‘NA- Mr. SCHUMER, and Ms. SNOWE): Seventy percent of those affected are S.J. Res. 21. A joint resolution recog- TIONAL DYSPRAXIA AWARENESS male, and in children suffering from nizing Commodore John Barry as the DAY’’ AND EXPRESSING THE extreme emotional and behavioral dif- first flag officer of the United States SENSE OF THE SENATE THAT ficulties, the incidence is likely to be Navy; to the Committee on Armed ALL AMERICANS SHOULD BE more than 50 percent. Dyspraxic chil- Services. MORE INFORMED OF DYSPRAXIA dren fail to achieve the expected levels Mr. SPECTER. Mr. President, I ask Ms. LANDRIEU submitted the fol- of development. Due to difficulties, unanimous consent that the text of the lowing resolution; which was referred these kids are often shunned from their joint resolution be printed in the to the Committee on the Judiciary: peer groups because they do not fit in. ECORD There is no cure for dyspraxia, but the R . S. RES. 211 There being no objection, the joint earlier a child is diagnosed the greater resolution was ordered to be printed in Whereas an estimated 1 in 20 children suffers from the developmental disorder the chance of developmental matura- the RECORD, as follows: dyspraxia; tion. However, many times these chil- S.J. RES. 21 Whereas 70 percent of those affected by dren are dismissed as ‘‘clumsy’’ and Whereas John Barry, American merchant dyspraxia are male; ‘‘slow’’ and are never given a chance to marine captain and native of County Wex- Whereas dyspraxics may be of average or improve, finding it hard to succeed ford, Ireland, volunteered his services to the above average intelligence but are often be- under such harsh speculations. The Continental Navy during the American War haviorally immature; public’s unawareness of dyspraxia is for Independence and was assigned by the Whereas symptoms of dyspraxia consist of the chief reason that children and Continental Congress as captain of the Lex- clumsiness, poor body awareness, reading ington, taking command of that vessel on and writing difficulties, speech problems, young adults go undiagnosed, unable to March 14, 1776, and later participating in the and learning disabilities, though not all of recognize a cause for their struggles. victorious Trenton campaign; these will apply to every dyspraxic; More than 50 percent of our educators Whereas the quality and effectiveness of Whereas there is no cure for dyspraxia, but are unaware that this disability even Captain John Barry’s service to the Amer- the earlier a child is treated the greater the exists. With such alarming statistics, ican war effort was recognized not only by chance of developmental maturation; the number of children recognized can- George Washington but also by the enemies Whereas dyspraxics may be shunned within not be expected to increase. of the new Nation; their own peer group because they do not fit One of my former interns has a Whereas Captain John Barry rejected Brit- in; younger brother that suffers from this ish General Lord Howe’s flattering offer to Whereas most dyspraxic children are dis- desert Washington and the patriot cause, missed as ‘‘slow’’ or ‘‘clumsy’’ and are there- disorder. Borden Wilson is actually a stating: ‘‘Not the value and command of the fore not properly diagnosed; success story. At age 4, Borden’s par- whole British fleet can lure me from the Whereas more than 50 percent of educators ents noted that he was not able to per- cause of my country.’’; have never heard of dyspraxia; form tasks appropriate for his age. His

VerDate Aug 04 2004 05:33 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.032 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8987 speaking ability was limited, even with game ‘‘Grand Theft Auto: San Andreas’’ to S. CON. RES. 47 encouragement. After going through a determine if the publisher, Rockstar Games, Whereas the Africa-America Institute (in battery of tests performed by various deceived the Entertainment Software Rat- this resolution referred to as the ‘‘AAI’’) was specialists, the problem was identified ings Board to avoid an ‘‘Adults Only’’ rating; founded in 1953, to help build human and in- and stitutional capacity in Africa and to pro- as dyspraxia. While working with (2) if the Federal Trade Commission deter- speech and occupational therapists, mote mutually beneficial relations between mines that Rockstar Games committed such the United States and Africa through edu- Borden’s parents became familiar with deception, the Commission should impose cation; techniques geared to improve his the maximum penalty possible. Whereas 2 of the most prominent founders motor capabilities. Though advance- f of AAI were leading African-American edu- ments were seen, Borden still lagged cators and intellectuals, Horace Mann Bond, behind his peers and low self-esteem SENATE RESOLUTION 213—TO AU- the first Black president of Lincoln Univer- soon set in. Borden is 17 years old now THORIZE REPRESENTATION BY sity, and Leo Hansberry, the Howard Univer- and through the hard work of teachers, THE SENATE LEGAL COUNSEL IN sity scholar and historian renowned today as therapists, and family, he has over- THE CASE OF KEYTER V. the ‘‘father of African studies’’; MCCAIN, ET AL. Whereas with funding from the govern- come many of his problems and is suc- ment, the private sector, and philanthropic cessful in both school and extra- Mr. FRIST (for himself and Mr. REID) sources, AAI has advanced its mission on the curricular activities. I am pleased to submitted the following resolution; dual premises that higher education is the announce that Borden now maintains a which was considered and agreed to: highest leveraging point for achieving sus- 4.5 grade point average, has received S. RES. 213 tainable gains all along the education pipe- his school’s Scholar Athlete Award for Whereas, in the case of Keyter v. McCain, line, and that investments in education gen- the last 2 years, and placed in the 97th et al., Civ. No. 05–1923, pending in the United erate high rates of return by multiplying the percentile on his California Achieve- States District Court for the District of Ari- impact of development achievements across zona, the plaintiff has named as defendants sectors of global importance, such as health, ment Test. Additionally, he has re- education, trade, investment, peace, and se- ceived All-District honors in both foot- Senators John McCain and Jon Kyl; Whereas, pursuant to sections 703(a) and curity; ball and track. 704(a)(1) of the Ethics in Government Act of Whereas the 22,000 education program Borden’s superior achievements 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(l), the Sen- alumni of AAI come from 52 African coun- should serve as our inspiration to pro- ate may direct its counsel to defend Mem- tries, including extraordinary individuals mote awareness of dyspraxia. With bers of the Senate in civil actions relating to such as Wangari Maathai, recipient of the proper diagnosis and treatment, all of their official responsibilities: Now, therefore, 2004 Nobel Peace Prize; these children can experience the same be it Whereas alumni of AAI are leaders in Afri- can education, business, government, and level of success that Borden has been Resolved,That the Senate Legal Counsel is authorized to represent Senators John nongovernmental organizations working to able to achieve. I hope that my col- change economic and social structures in Af- leagues will come together in support McCain and Jon Kyl in the case of Keyter v. McCain, et al. rican communities, societies, and nations for of this important legislation to raise the better; consciousness of this disability. f Whereas a 2004 impact assessment commissioned by the United States Agency for f SENATE RESOLUTION 214—TO AU- THORIZE REPRESENTATION BY International Development (in this resolu- SENATE RESOLUTION 212—EX- THE SENATE LEGAL COUNSEL IN tion referred to as ‘‘USAID’’) found PRESSING THE SENSE OF THE ‘‘USAID’s multi-million dollar investment in THE CASE OF JONES V. SALT long-term training’’ programs that were SENATE THAT THE FEDERAL RIVER PIMA-MARICOPA INDIAN TRADE COMMISSION SHOULD IN- managed and run by AAI ‘‘for over 40 years COMMUNITY, ET AL. produced significant and sustained changes VESTIGATE THE PUBLICATION that furthered African development in meas- OF THE VIDEO GAME ‘‘GRAND Mr. FRIST (for himself and Mr. REID) submitted the following resolution; urable ways’’; THEFT AUTO: SAN ANDREAS’’ TO Whereas, as a corollary to its work aimed DETERMINE IF THE PUBLISHER which was considered and agreed to: at expanding educational opportunities for DECEIVED THE ENTERTAINMENT S. RES. 214 Africans, AAI has also served as a source of SOFTWARE RATINGS BOARD TO Whereas, in the case of Jones v. Salt River reliable and balanced information on Africa AVOID AN ‘‘ADULTS ONLY’’ RAT- Pima-Maricopa Indian Community, et al., for American public and private sector lead- Civ. No. 05–1944, pending in the United States ers; ING District Court for the District of Arizona, Whereas Members of Congress and their Mr. BROWNBACK submitted the fol- the plaintiff has named as defendants Sen- staff are among those who have helped lowing resolution; which was referred ators John McCain and Jon Kyl; achieve and continue to build on this legacy, to the Committee on Commerce, Whereas, pursuant to sections 703(a) and fulfilling the education mission of AAI by Science, and Transportation: 704(a)(1) of the Ethics in Government Act of working with partners in Africa, the United 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the States, and other parts of the world on be- S. RES. 212 Senate may direct its counsel to defend half of Africa; Whereas the Entertainment Software Rat- Members of the Senate in civil actions relat- Whereas competing in the information age ings Board gave the video game ‘‘Grand ing to their official responsibilities: Now, requires high levels of technical knowledge Theft Auto: San Andreas’’ a rating of ‘‘Ma- therefore, be it and skills, but the level of need and demand ture’’; Resolved, That the Senate Legal Counsel is for higher education and technical training Whereas the video game ‘‘Grand Theft authorized to represent Senators John in Africa exceeds the capacities of education Auto: San Andreas’’ contains sexually ex- McCain, Jon Kyl, and other unnamed Mem- sectors in most African countries; plicit content that consumers are able to ac- bers of the Senate in the case of Jones v. Whereas, consistent with the aspirations cess but that appears to have been hidden Salt River Pima-Maricopa Indian Commu- and goals of the African Union’s ‘‘New Part- from the Entertainment Software Ratings nity, et al. nership for Africa’s Development’’, AAI has Board in order to avoid a rating of ‘‘Adults f stepped up to meet these new challenges Only’’; with the creation of the ‘‘African Tech- Whereas the Entertainment Software Rat- SENATE CONCURRENT RESOLU- nology for Education and Workforce Devel- ings Board took swift action in investigating TION 47—PAYING TRIBUTE TO opment’’ initiative (in this resolution re- the matter and revoked the ‘‘Mature’’ rat- THE AFRICA-AMERICA INSTI- ferred to as ‘‘AFTECH’’), a collaborative ef- ing, ensuring that any future sales of the TUTE FOR ITS MORE THAN 50 fort designed to harness the power of infor- video game ‘‘Grand Theft Auto: San YEARS OF DEDICATED SERVICE, mation technologies to deliver the highest Andreas’’ will be under an ‘‘Adults Only’’ quality global educational content to Afri- rating; and NURTURING AND UNLEASHING cans where they live; Whereas Rockstar Games, the publisher of THE PRODUCTIVE CAPACITIES Whereas, in order to improve and expand the video game ‘‘Grand Theft Auto: San OF KNOWLEDGEABLE, CAPABLE, upon the reach and impact of AFTECH, and Andreas’’, may have deceived the Entertain- AND EFFECTIVE AFRICAN LEAD- to raise awareness in the United States of ment Software Ratings Board and con- ERS THROUGH EDUCATION the converging global interests that warrant sumers: Now, therefore, be it greater United States public and private en- Resolved, That it is the sense of the Senate Ms. LANDRIEU submitted the fol- gagement with, and investment in Africa, that— lowing concurrent resolution; which AAI used the occasion of its 50th anniversary (1) the Federal Trade Commission should was referred to the Committee on For- in 2003, to launch the AAI ‘‘Education Part- investigate the publication of the video eign Relations: nership Campaign: 50,000 New Leaders in

VerDate Aug 04 2004 05:33 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.048 S26JYPT1 S8988 CONGRESSIONAL RECORD — SENATE July 26, 2005

Five Years’’, with a goal of raising $25,000,000 a hydrogeologic characterization, mapping, (for herself, Mr. LAUTENBERG, Mr. KENNEDY, in private and public sector support to edu- and modeling program for priority Mr. DEWINE, Ms. LANDRIEU, Mr. CHAFEE, MS. cate and train 50,000 Africans during the 5- transboundary aquifers, and for other pur- MIKULSKI, Mr. CHAMBLISS, and Mr. DURBIN) year campaign; poses. and intended to be proposed to the bill S. Whereas, with the Republic of Namibia in SA 1586. Ms. COLLINS (for Mr. DOMENICI) 1042, supra; which was ordered to lie on the the vanguard, a growing number of African proposed an amendment to the bill S. 243, to table. nations are choosing to invest in their people establish a program and criteria for National SA 1598. Mr. WARNER submitted an by directly supporting the advanced edu- Heritage Areas in the United States, and for amendment intended to be proposed to cation, professional training programs, and other purposes. amendment SA 762 proposed by Mr. NELSON other education resources that AAI has to SA 1587. Ms. COLLINS (for Mr. DOMENICI) of Florida (for himself, Mr. HAGEL, Mr. offer; proposed an amendment to the bill S. 264, to CORZINE, Mr. NELSON of Nebraska, Mr. Whereas AAI works with sponsoring Afri- amend the Reclamation Wastewater and SMITH, Ms. CANTWELL, Mr. DAYTON, Mr. can governments to identify and leverage ad- Groundwater Study and Facilities Act to au- KERRY, Ms. LANDRIEU, Ms. MIKULSKI, Mrs. ditional funding wherever feasible, and as- thorize certain projects in the State of Ha- MURRAY, Ms. STABENOW, Mrs. BOXER, Mr. sists countries with making the case to mul- waii. PRYOR, Mr. DURBIN, Mr. JEFFORDS, Mr. JOHN- tinational companies doing business within SA 1588. Ms. COLLINS (for Mr. DOMENICI) SON, and Mr. SALAZAR) to the bill S. 1042, their borders that investing in the human proposed an amendment to the bill S. 128, to supra; which was ordered to lie on the table. SA 1599. Mr. WARNER submitted an capital of African countries through edu- designate certain public land in Humboldt, amendment intended to be proposed to cation is in their mutual interest; and Del Norte, Mendocino, Lake, and Napa Coun- amendment SA 1366 submitted by Mr. FEIN- Whereas AAI can boast of a remarkable ties in the State of California as wilderness, to designate certain segments of the Black GOLD and intended to be proposed to the bill history and unparalleled program track S. 1042, supra; which was ordered to lie on record, and is building on its past to meet Butte River in Mendocino County, California as a wild or scenic river, and for other pur- the table. current and future challenges facing Africa SA 1600. Mr. WARNER submitted an poses. as well as the United States: Now, therefore amendment intended to be proposed to SA 1589. Ms. COLLINS (for Mr. DOMENICI) be it amendment SA 1406 submitted by Mr. LUGAR proposed an amendment to the bill S. 136, to Resolved by the Senate (the House of Rep- and intended to be proposed to the bill S. authorize the Secretary of the Interior to resentatives concurring), That Congress— 1042, supra; which was ordered to lie on the provide supplemental funding and other serv- (1) pays tribute to the Africa-American In- table. stitute for its more than 50 years of dedi- ices that are necessary to assist certain local SA 1601. Mr. VITTER submitted an amend- cated service, nurturing and unleashing the school districts in the State of California in ment intended to be proposed by him to the productive capacities of knowledgeable, ca- providing educational services for students bill S. 1042, supra; which was ordered to lie pable, and effective African leaders through attending schools located within Yosemite on the table. education; National Park, to authorize the Secretary of SA 1602. Mr. HATCH (for himself, Mr. (2) embraces the mission and supports the the Interior to adjust the boundaries of the INHOFE, Mr. BENNETT, and Mr. CHAMBLISS) work of AAI; and Golden Gate National Recreation Area, to submitted an amendment intended to be pro- (3) urges Members of Congress and others adjust the boundaries of Redwood National posed to amendment SA 1567 submitted by to join the AAI ‘‘Education Partnership Park, and for other purposes. Mr. WARNER and intended to be proposed to Campaign: 50,000 New Leaders in Five SA 1590. Ms. COLLINS (for Mr. DOMENICI) the bill S. 1042, supra; which was ordered to Years’’, a major initiative toward achieving proposed an amendment to the bill S. 136, lie on the table. closer United States-Africa relations that supra. SA 1603. Mr. SESSIONS submitted an advance mutual national and global inter- SA 1591. Ms. COLLINS (for Mr. DOMENICI amendment intended to be proposed by him ests and a high yield investment in Africa’s (for himself and Mr. BINGAMAN)) proposed an to the bill S. 1042, supra; which was ordered capacity to build a future. amendment to the bill S. 279, to amend the to lie on the table. Act of June 7, 1924, to provide for the exer- SA 1604. Ms. SNOWE (for herself and Ms. f cise of criminal jurisdiction. COLLINS) submitted an amendment intended AMENDMENTS SUBMITTED AND SA 1592. Mr. BINGAMAN submitted an to be proposed by her to the bill S. 1042, PROPOSED amendment intended to be proposed to supra; which was ordered to lie on the table. amendment SA 1505 submitted by Mr. f SA 1580. Ms. SNOWE (for herself and Ms. GRAHAM (for himself, Mr. WARNER, and Mr. COLLINS) submitted an amendment intended MCCAIN) to the bill S. 1042, to authorize ap- TEXT OF AMENDMENTS to be proposed to amendment SA 1537 sub- propriations for fiscal year 2006 for military SA 1580. Ms. SNOWE (for herself and mitted by Ms. Snowe and intended to be pro- activities of the Department of Defense, for Ms. COLLINS) submitted an amendment posed to the bill S. 1042, to authorize appro- military construction, and for defense activi- priations for fiscal year 2006 for military ac- ties of the Department of Energy, to pre- intended to be proposed to amendment tivities of the Department of Defense, for scribe personnel strengths for such fiscal SA 1537 submitted by Ms. SNOWE and military construction, and for defense activi- year for the Armed Forces, and for other intended to be proposed to the bill S. ties of the Department of Energy, to pre- purposes; which was ordered to lie on the 1042, to authorize appropriations for scribe personnel strengths for such fiscal table. fiscal year 2006 for military activities year for the Armed Forces, and for other SA 1593. Mr. KERRY submitted an amend- of the Department of Defense, for mili- purposes; which was ordered to lie on the ment intended to be proposed to amendment tary construction, and for defense ac- table. SA 1522 submitted by Mrs. DOLE and in- tivities of the Department of Energy, SA 1581. Mr. MCCAIN submitted an amend- tended to be proposed to the bill S. 1042, ment intended to be proposed to amendment supra; which was ordered to lie on the table. to prescribe personnel strengths for SA 1556 proposed by Mr. MCCAIN (for himself, SA 1594. Mr. KERRY submitted an amend- such fiscal year for the Armed Forces, Mr. WARNER, Mr. GRAHAM, and Ms. COLLINS) ment intended to be proposed to amendment and for other purposes; which was or- to the bill S. 1042, supra; which was ordered SA 1499 submitted by Mr. KERRY and in- dered to lie on the table; as follows: to lie on the table. tended to be proposed to the bill S. 1042, In lieu of the matter proposed to be in- SA 1582. Mr. BROWNBACK submitted an supra; which was ordered to lie on the table. serted, insert the following: amendment intended to be proposed to SA 1595. Mr. GRAHAM (for himself and Mr. SEC. 815. NAVY HUMAN RESOURCES BENEFIT amendment SA 1527 submitted by Mrs. KYL) submitted an amendment intended to CALL CENTER. BOXER (for herself and Ms. SNOWE) and in- be proposed to amendment SA 1505 sub- Of the amount authorized to be appro- tended to be proposed to the bill S. 1042, mitted by Mr. GRAHAM (for himself, Mr. priated by section 301(2) for operation and supra; which was ordered to lie on the table. WARNER, and Mr. MCCAIN) to the bill S. 1042, maintenance for the Navy, $1,500,000 shall be SA 1583. Mr. DOMENICI submitted an supra; which was ordered to lie on the table. available for Civilian Manpower and Per- amendment intended to be proposed by him SA 1596. Mr. COBURN submitted an amend- sonnel for a Human Resources Benefit Call to the bill S. 203, to reduce temporarily the ment intended to be proposed to amendment Center in Machias, Maine. royalty required to be paid for sodium pro- SA 762 proposed by Mr. NELSON of Florida duced, to establish certain National Heritage (for himself, Mr. HAGEL, Mr. CORZINE, Mr. SA 1581. Mr. MCCAIN submitted an Areas, and for other purposes. NELSON of Nebraska, Mr. SMITH, Ms. CANT- amendment intended to be proposed to SA 1584. Ms. COLLINS (for Mr. DOMENICI) WELL, Mr. DAYTON, Mr. KERRY, Ms. amendment SA 1556 proposed by Mr. proposed an amendment to the bill S. 203, LANDRIEU, Ms. MIKULSKI, Mrs. MURRAY, Ms. MCCAIN (for himself, Mr. WARNER, Mr. supra. STABENOW, Mrs. BOXER, Mr. PRYOR, Mr. DUR- GRAHAM, and Ms. COLLINS) to the bill S. SA 1585. Ms. COLLINS (for Mr. BINGAMAN BIN, Mr. JEFFORDS, Mr. JOHNSON, and Mr. 1042, to authorize appropriations for (for himself and Mr. DOMENICI)) proposed an SALAZAR) to the bill S. 1042, supra; which was amendment to the bill S. 214, to authorize ordered to lie on the table. fiscal year 2006 for military activities the Secretary of the Interior to cooperate SA 1597. Mr. WARNER submitted an of the Department of Defense, for mili- with the States on the border with Mexico amendment intended to be proposed to tary construction, and for defense ac- and other appropriate entities in conducting amendment SA 1524 submitted by Mrs. DOLE tivities of the Department of Energy,

VerDate Aug 04 2004 05:42 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.055 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8989 to prescribe personnel strengths for Sec. 218. Effect of subtitle. Sec. 291H. Land use regulation; applicability such fiscal year for the Armed Forces, Sec. 219. Reports. of Federal law. and for other purposes; which was or- Sec. 220. Authorization of appropriations. Sec. 291I. Authorization of appropriations. Sec. 221. Termination of authority. Sec. 291J. Termination of authority. dered to lie on the table; as follows: Subtitle C—Arabia Mountain National Subtitle I—Gullah/Geechee Heritage On page 2, strike lines 3 through 11. Heritage Area Corridor SA 1582. Mr. BROWNBACK submitted Sec. 231. Short title. Sec. 295. Short title. Sec. 232. Findings and purposes. Sec. 295A. Purposes. an amendment intended to be proposed Sec. 233. Definitions. Sec. 295B. Definitions. to amendment SA 1527 submitted by Sec. 234. Arabia Mountain National Heritage Sec. 295C. Gullah/Geechee Cultural Heritage Mrs. BOXER (for herself and Ms. SNOWE) Area. Corridor. and intended to be proposed to the bill Sec. 235. Authorities and duties of the local Sec. 295D. Gullah/Geechee Cultural Heritage S. 1042, to authorize appropriations for coordinating entity. Corridor Commission. fiscal year 2006 for military activities Sec. 236. Management plan. Sec. 295E. Operation of the local coordi- Sec. 237. Technical and financial assistance. nating entity. of the Department of Defense, for mili- Sec. 238. Effect on certain authority. Sec. 295F. Management plan. tary construction, and for defense ac- Sec. 239. Authorization of appropriations. Sec. 295G. Technical and financial assist- tivities of the Department of Energy, Sec. 240. Termination of authority. ance. to prescribe personnel strengths for Subtitle D—Mormon Pioneer National Sec. 295H. Duties of other Federal agencies. such fiscal year for the Armed Forces, Heritage Area Sec. 295I. Coastal Heritage Centers. and for other purposes; which was or- Sec. 295J. Private property protection. Sec. 251. Short title. Sec. 295K. Authorization of appropriations. dered to lie on the table; as follows: Sec. 252. Findings and purpose. Sec. 295L. Termination of authority. Sec. 253. Definitions. Insert before the closing quotation marks Subtitle J—Crossroads of the American Sec. 254. Mormon Pioneer National Heritage the following: ‘‘but only if the identity of the Revolution National Heritage Area perpetrator of such act of incest is provided Area. Sec. 297. Short title. to a designated officer, at the time the abor- Sec. 255. Designation of Alliance as local co- Sec. 297A. Findings and purposes. tion is sought, for transmission to the appro- ordinating entity. Sec. 256. Management of the Heritage Area. Sec. 297B. Definitions. priate military or civilian law enforcement Sec. 297C. Crossroads of the American Revo- authorities, or, in the case of rape, only if Sec. 257. Duties and authorities of Federal agencies. lution National Heritage Area. the identity of the perpetrator of that act of Sec. 297D. Management plan. rape, if known to the victim, is provided to Sec. 258. No effect on land use authority and private property. Sec. 297E. Authorities, duties, and prohibi- a designated officer, at the time the abortion tions applicable to the local co- is sought, for transmission to the appro- Sec. 259. Authorization of appropriations. Sec. 260. Termination of authority. ordinating entity. priate military or civilian law enforcement Sec. 297F. Technical and financial assist- authorities’’. Subtitle E—Bleeding Kansas National ance; other Federal agencies. Heritage Area Sec. 297G. Authorization of appropriations. SA 1583. Mr. DOMENICI submitted an Sec. 261. Short title. Sec. 297H. Termination of authority. amendment intended to be proposed by Sec. 262. Findings and purpose. TITLE III—NATIONAL HERITAGE AREA him to the bill S. 203, to reduce tempo- Sec. 263. Definitions. STUDIES Sec. 264. Bleeding Kansas and the Enduring rarily the royalty required to be paid Subtitle A—Western Reserve Heritage Area Struggle for Freedom National for sodium produced, to establish cer- Study Heritage Area. tain National Heritage Areas, and for Sec. 265. Technical and financial assistance; Sec. 301. Short title. other purposes; as follows: other Federal agencies. Sec. 302. National Park Service study re- Strike all after the enacting clause and in- Sec. 266. Private property protection. garding the Western Reserve, sert the following: Sec. 267. Savings provisions. Ohio. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 268. Authorization of appropriations. Subtitle B—St. Croix National Heritage Area (a) SHORT TITLE.—This Act may be cited as Sec. 269. Termination of authority. Study the ‘‘National Heritage Areas Act of 2005’’. Subtitle F—Upper Housatonic Valley Sec. 311. Short title. (b) TABLE OF CONTENTS.—The table of con- National Heritage Area Sec. 312. Study. tents of this Act is as follows: Sec. 271. Short title. Subtitle C—Southern Campaign of the Sec. 1. Short title; table of contents. Sec. 272. Findings and purposes. Revolution TITLE I—SODA ASH ROYALTY Sec. 273. Definitions. Sec. 321. Short title. REDUCTION Sec. 274. Upper Housatonic Valley National Sec. 322. Southern Campaign of the Revolu- Heritage Area. tion Heritage Area study. Sec. 101. Short title. Sec. 275. Authorities, prohibitions, and du- TITLE IV—ILLINOIS AND MICHIGAN Sec. 102. Reduction in royalty rate on soda ties of the local coordinating ash. CANAL NATIONAL HERITAGE COR- entity. RIDOR ACT AMENDMENTS Sec. 103. Study. Sec. 276. Management plan. TITLE II—ESTABLISHMENT OF Sec. 277. Duties and authorities of the Sec- Sec. 401. Short title. Sec. 402. Transition and provisions for new NATIONAL HERITAGE AREAS retary. local coordinating entity. Subtitle A—Northern Rio Grande National Sec. 278. Duties of other Federal agencies. Sec. 403. Private property protection. Heritage Area Sec. 279. Authorization of appropriations. TITLE V—REAUTHORIZATION OF APPRO- Sec. 201. Short title. Sec. 280. Termination of authority. PRIATIONS FOR NEW JERSEY COASTAL Sec. 202. Findings. Subtitle G—Champlain Valley National HERITAGE TRAIL ROUTE Sec. 203. Definitions. Heritage Partnership Sec. 204. Northern Rio Grande National Her- Sec. 281. Short title. Sec. 501. Reauthorization of appropriations itage Area. Sec. 282. Findings and purposes. for New Jersey Coastal Herit- Sec. 205. Authority and duties of the local Sec. 283. Definitions. age Trail Route. coordinating entity. Sec. 284. Heritage Partnership. TITLE I—SODA ASH ROYALTY REDUCTION Sec. 206. Duties of the Secretary. Sec. 285. Effect. SEC. 101. SHORT TITLE. Sec. 207. Savings provisions. Sec. 286. Authorization of appropriations. This title may be cited as the ‘‘Soda Ash Sec. 208. Authorization of appropriations. Sec. 287. Termination of authority. Royalty Reduction Act of 2005’’. Sec. 209. Termination of authority. Subtitle H—Great Basin National Heritage SEC. 102. REDUCTION IN ROYALTY RATE ON Subtitle B—Atchafalaya National Heritage Route SODA ASH. Area Sec. 291. Short title. Notwithstanding section 102(a)(9) of the Sec. 211. Short title. Sec. 291A. Findings and purposes. Federal Land Policy Management Act of 1976 Sec. 212. Definitions. Sec. 291B. Definitions. (43 U.S.C. 1701(a)(9)), section 24 of the Min- Sec. 213. Atchafalaya National Heritage Sec. 291C. Great Basin National Heritage eral Leasing Act (30 U.S.C. 262), and the Area. Route. terms of any lease under that Act, the roy- Sec. 214. Authorities and duties of the local Sec. 291D. Memorandum of understanding. alty rate on the quantity or gross value of coordinating entity. Sec. 291E. Management Plan. the output of sodium compounds and related Sec. 215. Management plan. Sec. 291F. Authority and duties of local co- products at the point of shipment to market Sec. 216. Requirements for inclusion of pri- ordinating entity. from Federal land in the 5-year period begin- vate property. Sec. 291G. Duties and authorities of Federal ning on the date of enactment of this Act Sec. 217. Private property protection. agencies. shall be 2 percent.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.057 S26JYPT1 S8990 CONGRESSIONAL RECORD — SENATE July 26, 2005 SEC. 103. STUDY. tives of the State of New Mexico, the coun- (C) increasing public awareness of, and ap- After the end of the 4-year period begin- ties of Santa Fe, Rio Arriba and Taos, tribes preciation for, the cultural, historical, ar- ning on the date of enactment of this Act, and pueblos within the heritage area, the cit- chaeological and natural resources and sites and before the end of the 5-year period begin- ies of Santa Fe, Espanola and Taos, and in the heritage area; ning on that date, the Secretary of the Inte- members of the general public. The total (D) the restoration of historic structures rior shall report to Congress on the effects of number of Board members and the number of related to the heritage area; and the royalty reduction under this title, in- Directors representing State, local and tribal (E) carrying out other actions that the cluding— governments and interested communities local coordinating entity determines appro- (1) the amount of sodium compounds and shall be established to ensure that all parties priate to fulfill the purposes of this subtitle, related products at the point of shipment to have appropriate representation on the consistent with the management plan. market from Federal land during that 4-year Board. (d) PROHIBITION ON ACQUIRING REAL PROP- period; SEC. 205. AUTHORITY AND DUTIES OF THE LOCAL ERTY.—The local coordinating entity shall (2) the number of jobs that have been cre- COORDINATING ENTITY. not use Federal funds received under this ated or maintained during the royalty reduc- (a) MANAGEMENT PLAN.— subtitle to acquire real property or an inter- tion period; (1) Not later than 3 years after the date on est in real property. (3) the total amount of royalty paid to the which funds are made available to carry out (e) PUBLIC MEETINGS.—The local coordi- United States on the quantity or gross value this subtitle, the local coordinating entity nating entity shall hold public meetings at of the output of sodium compounds and re- shall develop and forward to the Secretary a least annually regarding the implementation lated products at the point of shipment to management plan for the heritage area. of the management plan. market produced during that 4-year period, (2) The local coordinating entity shall de- (f) ANNUAL REPORTS AND AUDITS.— and the portion of such royalty paid to velop and implement the management plan (1) For any year in which the local coordi- States; and in cooperation with affected communities, nating entity receives Federal funds under (4) a recommendation of whether the re- tribal and local governments and shall pro- this subtitle, the local coordinating entity duced royalty rate should apply after the end vide for public involvement in the develop- shall submit an annual report to the Sec- of the 5-year period beginning on the date of ment and implementation of the manage- retary setting forth accomplishments, ex- enactment of this Act. ment plan. penses and income, and each entity to which (3) The management plan shall, at a min- any grant was made by the local coordi- TITLE II—ESTABLISHMENT OF NATIONAL imum— HERITAGE AREAS nating entity. (A) provide recommendations for the con- (2) The local coordinating entity shall Subtitle A—Northern Rio Grande National servation, funding, management, and devel- make available to the Secretary for audit all Heritage Area opment of the resources of the heritage area; records relating to the expenditure of Fed- SEC. 201. SHORT TITLE. (B) identify sources of funding; eral funds and any matching funds. The local This subtitle may be cited as the ‘‘North- (C) include an inventory of the cultural, coordinating entity shall also require, for all ern Rio Grande National Heritage Area Act’’. historical, archaeological, natural, and rec- agreements authorizing expenditure of Fed- SEC. 202. FINDINGS. reational resources of the heritage area; eral funds by other organizations, that the The Congress finds that— (D) provide recommendations for edu- receiving organization make available to the (1) northern New Mexico encompasses a cational and interpretive programs to inform Secretary for audit all records concerning mosaic of cultures and history, including the public about the resources of the herit- the expenditure of those funds. age area; and eight Pueblos and the descendants of Span- SEC. 206. DUTIES OF THE SECRETARY. (E) include an analysis of ways in which ish ancestors who settled in the area in 1598; (a) TECHNICAL AND FINANCIAL ASSIST- local, State, Federal, and tribal programs (2) the combination of cultures, languages, ANCE.—The Secretary may, upon request of may best be coordinated to promote the pur- folk arts, customs, and architecture make the local coordinating entity, provide tech- poses of this subtitle. northern New Mexico unique; nical and financial assistance to develop and (4) If the local coordinating entity fails to (3) the area includes spectacular natural, implement the management plan. submit a management plan to the Secretary scenic, and recreational resources; (b) PRIORITY.—In providing assistance (4) there is broad support from local gov- as provided in paragraph (1), the heritage under subsection (a), the Secretary shall give ernments and interested individuals to es- area shall no longer be eligible to receive priority to actions that facilitate— tablish a National Heritage Area to coordi- Federal funding under this subtitle until (1) the conservation of the significant nat- nate and assist in the preservation and inter- such time as a plan is submitted to the Sec- ural, cultural, historical, archaeological, pretation of these resources; retary. scenic, and recreational resources of the her- (5) in 1991, the National Park Service study (5) The Secretary shall approve or dis- itage area; and Alternative Concepts for Commemorating approve the management plan within 90 days (2) the provision of educational, interpre- Spanish Colonization identified several al- after the date of submission. If the Secretary tive, and recreational opportunities con- ternatives consistent with the establishment disapproves the management plan, the Sec- sistent with the resources and associated of a National Heritage Area, including con- retary shall advise the local coordinating en- values of the heritage area. ducting a comprehensive archaeological and tity in writing of the reasons therefore and shall make recommendations for revisions to SEC. 207. SAVINGS PROVISIONS. historical research program, coordinating a (a) NO EFFECT ON PRIVATE PROPERTY.— comprehensive interpretation program, and the plan. (6) The local coordinating entity shall peri- Nothing in this subtitle shall be construed— interpreting a cultural heritage scene; and (1) to modify, enlarge, or diminish any au- (6) establishment of a National Heritage odically review the management plan and submit to the Secretary any recommenda- thority of Federal, State, or local govern- Area in northern New Mexico would assist ments to regulate any use of privately owned local communities and residents in pre- tions for proposed revisions to the management plan. Any major revisions to the man- lands; or serving these unique cultural, historical and (2) to grant the local coordinating entity natural resources. agement plan must be approved by the Sec- retary. any authority to regulate the use of pri- SEC. 203. DEFINITIONS. (b) AUTHORITY.—The local coordinating en- vately owned lands. As used in this subtitle— tity may make grants and provide technical (b) TRIBAL LANDS.—Nothing in this sub- (1) the term ‘‘heritage area’’ means the assistance to tribal and local governments, title shall restrict or limit a tribe from pro- Northern Rio Grande National Heritage and other public and private entities to tecting cultural or religious sites on tribal Area; and carry out the management plan. lands. (2) the term ‘‘Secretary’’ means the Sec- (c) DUTIES.—The local coordinating entity (c) AUTHORITY OF GOVERNMENTS.—Nothing retary of the Interior. shall— in this subtitle shall— SEC. 204. NORTHERN RIO GRANDE NATIONAL (1) give priority in implementing actions (1) modify, enlarge, or diminish any au- HERITAGE AREA. set forth in the management plan; thority of Federal, State, tribal, or local (a) ESTABLISHMENT.—There is hereby es- (2) coordinate with tribal and local govern- governments to manage or regulate any use tablished the Northern Rio Grande National ments to better enable them to adopt land of land as provided for by law or regulation; Heritage Area in the State of New Mexico. use policies consistent with the goals of the or (b) BOUNDARIES.—The heritage area shall management plan; (2) authorize the local coordinating entity include the counties of Santa Fe, Rio Arriba, (3) encourage by appropriate means eco- to assume any management authorities over and Taos. nomic viability in the heritage area con- such lands. (c) LOCAL COORDINATING ENTITY.— sistent with the goals of the management (d) TRUST RESPONSIBILITIES.—Nothing in (1) The Northern Rio Grande National Her- plan; and this subtitle shall diminish the Federal Gov- itage Area, Inc., a non-profit corporation (4) assist local and tribal governments and ernment’s trust responsibilities or govern- chartered in the State of New Mexico, shall non-profit organizations in— ment-to-government obligations to any fed- serve as the local coordinating entity for the (A) establishing and maintaining interpre- erally recognized Indian tribe. heritage area. tive exhibits in the heritage area; SEC. 208. AUTHORIZATION OF APPROPRIATIONS. (2) The Board of Directors for the local co- (B) developing recreational resources in (a) IN GENERAL.—There is authorized to be ordinating entity shall include representa- the heritage area; appropriated to carry out this subtitle

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.067 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8991 $10,000,000, to remain available until ex- (4) for any year for which Federal funds are (iii) allow the local coordinating entity to pended, of which not more than $1,000,000 received under this subtitle, submit to the submit to the Secretary revisions to the may be authorized to be appropriated for any Secretary a report that describes, for the management plan. fiscal year. year— (B) DEADLINE FOR APPROVAL OF REVISION.— (b) COST-SHARING REQUIREMENT.—The Fed- (A) the accomplishments of the local co- Not later than 90 days after the date on eral share of the total cost of any activity ordinating entity; and which a revision is submitted under subpara- assisted under this subtitle shall be not more (B) the expenses and income of the local graph (A)(iii), the Secretary shall approve or than 50 percent. coordinating entity. disapprove the revision. SEC. 209. TERMINATION OF AUTHORITY. (c) ACQUISITION OF REAL PROPERTY.—The (f) REVISION.— The authority of the Secretary to provide local coordinating entity shall not use Fed- (1) IN GENERAL.—After approval by the Sec- assistance under this subtitle terminates on eral funds received under this subtitle to ac- retary of a management plan, the local co- the date that is 15 years after the date of en- quire real property or an interest in real ordinating entity shall periodically— actment of this Act. property. (A) review the management plan; and (d) PUBLIC MEETINGS.—The local coordi- (B) submit to the Secretary, for review and Subtitle B—Atchafalaya National Heritage nating entity shall conduct public meetings approval by the Secretary, the recommenda- Area at least quarterly. tions of the local coordinating entity for any SEC. 211. SHORT TITLE. SEC. 215. MANAGEMENT PLAN. revisions to the management plan that the This subtitle may be cited as the (a) IN GENERAL.—The local coordinating local coordinating entity considers to be ap- ‘‘Atchafalaya National Heritage Area Act’’. entity shall develop a management plan for propriate. SEC. 212. DEFINITIONS. the Heritage Area that incorporates an inte- (2) EXPENDITURE OF FUNDS.—No funds made In this subtitle: grated and cooperative approach to protect, available under this subtitle shall be used to (1) HERITAGE AREA.—The term ‘‘Heritage interpret, and enhance the natural, scenic, implement any revision proposed by the Area’’ means the Atchafalaya National Her- cultural, historic, and recreational resources local coordinating entity under paragraph itage Area established by section 213(a). of the Heritage Area. (1)(B) until the Secretary approves the revi- (2) LOCAL COORDINATING ENTITY.—The term (b) CONSIDERATION OF OTHER PLANS AND AC- sion. ‘‘local coordinating entity’’ means the local TIONS.—In developing the management plan, SEC. 216. REQUIREMENTS FOR INCLUSION OF coordinating entity for the Heritage Area the local coordinating entity shall— PRIVATE PROPERTY. designated by section 213(c). (1) take into consideration State and local (a) NOTIFICATION AND CONSENT OF PROP- (3) MANAGEMENT PLAN.—The term ‘‘man- plans; and ERTY OWNERS REQUIRED.—No privately agement plan’’ means the management plan (2) invite the participation of residents, owned property shall be preserved, con- for the Heritage Area developed under sec- public agencies, and private organizations in served, or promoted by the management plan tion 215. the Heritage Area. for the Heritage Area until the owner of that (4) SECRETARY.—The term ‘‘Secretary’’ (c) CONTENTS.—The management plan shall private property has been notified in writing means the Secretary of the Interior. include— by the local coordinating entity and has (5) STATE.—The term ‘‘State’’ means the (1) an inventory of the resources in the given written consent to the local coordi- State of Louisiana. Heritage Area, including— nating entity for such preservation, con- SEC. 213. ATCHAFALAYA NATIONAL HERITAGE (A) a list of property in the Heritage Area servation, or promotion. AREA. that— (b) LANDOWNER WITHDRAWAL.—Any owner (a) ESTABLISHMENT.—There is established (i) relates to the purposes of the Heritage of private property included within the in the State the Atchafalaya National Herit- Area; and boundary of the Heritage Area shall have age Area. (ii) should be preserved, restored, managed, that private property immediately removed (b) BOUNDARIES.—The Heritage Area shall or maintained because of the significance of from the boundary by submitting a written consist of the whole of the following parishes the property; and request to the local coordinating entity. in the State: St. Mary, Iberia, St. Martin, St. (B) an assessment of cultural landscapes SEC. 217. PRIVATE PROPERTY PROTECTION. Landry, Avoyelles, Pointe Coupee, Iberville, within the Heritage Area; (a) ACCESS TO PRIVATE PROPERTY.—Noth- Assumption, Terrebonne, Lafayette, West (2) provisions for the protection, interpre- ing in this subtitle shall be construed to— Baton Rouge, Concordia, and East Baton tation, and enjoyment of the resources of the (1) require any private property owner to Rouge. Heritage Area consistent with this subtitle; allow public access (including Federal, (c) LOCAL COORDINATING ENTITY.— (3) an interpretation plan for the Heritage State, or local government access) to such (1) IN GENERAL.—The Atchafalaya Trace Area; and private property; or Commission shall be the local coordinating (4) a program for implementation of the (2) modify any provision of Federal, State, entity for the Heritage Area. management plan that includes— or local law with regard to public access to (2) COMPOSITION.—The local coordinating (A) actions to be carried out by units of or use of private property. entity shall be composed of 13 members ap- government, private organizations, and pub- (b) LIABILITY.—Designation of the Heritage pointed by the governing authority of each lic-private partnerships to protect the re- Area shall not be considered to create any li- parish within the Heritage Area. sources of the Heritage Area; and ability, or to have any effect on any liability SEC. 214. AUTHORITIES AND DUTIES OF THE (B) the identification of existing and po- under any other law, of any private property LOCAL COORDINATING ENTITY. tential sources of funding for implementing owner with respect to any persons injured on (a) AUTHORITIES.—For the purposes of de- the plan. that private property. veloping and implementing the management (d) SUBMISSION TO SECRETARY FOR AP- (c) PARTICIPATION OF PRIVATE PROPERTY plan and otherwise carrying out this sub- PROVAL.— OWNERS IN HERITAGE AREA.—Nothing in this title, the local coordinating entity may— (1) IN GENERAL.—Not later than 3 years subtitle shall be construed to require the (1) make grants to, and enter into coopera- after the date on which funds are made avail- owner of any private property located within tive agreements with, the State, units of able to carry out this subtitle, the local co- the boundaries of the Heritage Area to par- local government, and private organizations; ordinating entity shall submit the manage- ticipate in or be associated with the Heritage (2) hire and compensate staff; and ment plan to the Secretary for approval. Area. (3) enter into contracts for goods and serv- (2) EFFECT OF FAILURE TO SUBMIT.—If a SEC. 218. EFFECT OF SUBTITLE. ices. management plan is not submitted to the Nothing in this subtitle or in establish- (b) DUTIES.—The local coordinating entity Secretary by the date specified in paragraph ment of the Heritage Area— shall— (1), the Secretary shall not provide any addi- (1) grants any Federal agency regulatory (1) submit to the Secretary for approval a tional funding under this subtitle until a authority over any interest in the Heritage management plan; management plan for the Heritage Area is Area, unless cooperatively agreed on by all (2) implement the management plan, in- submitted to the Secretary. involved parties; cluding providing assistance to units of gov- (e) APPROVAL.— (2) modifies, enlarges, or diminishes any ernment and others in— (1) IN GENERAL.—Not later than 90 days authority of the Federal Government or a (A) carrying out programs that recognize after receiving the management plan sub- State or local government to regulate any important resource values within the Herit- mitted under subsection (d)(1), the Sec- use of land as provided for by law (including age Area; retary, in consultation with the State, shall regulations) in existence on the date of en- (B) encouraging sustainable economic de- approve or disapprove the management plan. actment of this Act; velopment within the Heritage Area; (2) ACTION FOLLOWING DISAPPROVAL.— (3) grants any power of zoning or land use (C) establishing and maintaining interpre- (A) IN GENERAL.—If the Secretary dis- to the local coordinating entity; tive sites within the Heritage Area; and approves a management plan under para- (4) imposes any environmental, occupa- (D) increasing public awareness of, and ap- graph (1), the Secretary shall— tional, safety, or other rule, standard, or per- preciation for the natural, historic, and cul- (i) advise the local coordinating entity in mitting process that is different from those tural resources of, the Heritage Area; writing of the reasons for the disapproval; in effect on the date of enactment of this Act (3) adopt bylaws governing the conduct of (ii) make recommendations for revisions to that would be applicable had the Heritage the local coordinating entity; and the management plan; and Area not been established;

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.067 S26JYPT1 S8992 CONGRESSIONAL RECORD — SENATE July 26, 2005 (5)(A) imposes any change in Federal envi- tory of granite mining as an industry and tions described in the management plan, in- ronmental quality standards; or culture in Georgia, and the impact of that cluding the following: (B) authorizes designation of any portion industry on the United States. (A) Assisting units of government and non- of the Heritage Area that is subject to part (7) The community of Klondike is eligible profit organizations in preserving resources C of title I of the Clean Air Act (42 U.S.C. for designation as a National Historic Dis- within the heritage area. 7470 et seq.) as class 1 for the purposes of trict. (B) Encouraging local governments to that part solely by reason of the establish- (8) The city of Lithonia has 2 structures adopt land use policies consistent with the ment of the Heritage Area; listed on the National Register of Historic management of the heritage area and the (6) authorizes any Federal or State agency Places. goals of the management plan. to impose more restrictive water use des- (b) PURPOSES.—The purposes of this sub- (3) PUBLIC MEETINGS.—The local coordi- ignations, or water quality standards on uses title are as follows: nating entity shall conduct public meetings of or discharges to, waters of the United (1) To recognize, preserve, promote, inter- at least quarterly on the implementation of States or waters of the State within or adja- pret, and make available for the benefit of the management plan. cent to the Heritage Area solely by reason of the public the natural, cultural, historical, (4) ANNUAL REPORT.—For any year in which the establishment of the Heritage Area; scenic, and recreational resources in the area Federal funds have been made available (7) abridges, restricts, or alters any appli- that includes Arabia Mountain, Panola under this subtitle, the local coordinating cable rule, standard, or review procedure for Mountain, Miners Creek, and other signifi- entity shall submit to the Secretary an an- permitting of facilities within or adjacent to cant sites and communities. nual report that describes the following: the Heritage Area; or (2) To assist the State of Georgia and the (A) The accomplishments of the local co- (8) affects the continuing use and oper- counties of DeKalb, Rockdale, and Henry in ordinating entity. ation, where located on the date of enact- the State in developing and implementing an (B) The expenses and income of the local ment of this Act, of any public utility or integrated cultural, historical, and land re- coordinating entity. common carrier. source management program to protect, en- (5) AUDIT.—The local coordinating entity SEC. 219. REPORTS. hance, and interpret the significant re- shall— For any year in which Federal funds have sources within the heritage area. (A) make available to the Secretary for been made available under this subtitle, the SEC. 233. DEFINITIONS. audit all records relating to the expenditure local coordinating entity shall submit to the In this subtitle: of Federal funds and any matching funds; Secretary a report that describes— (1) HERITAGE AREA.—The term ‘‘heritage and (1) the accomplishments of the local co- area’’ means the Arabia Mountain National (B) require, with respect to all agreements ordinating entity; and Heritage Area established by section 234(a). authorizing expenditure of Federal funds by (2) the expenses and income of the local co- (2) LOCAL COORDINATING ENTITY.—The term other organizations, that the receiving orga- ordinating entity. ‘‘local coordinating entity’’ means the Ara- nizations make available to the Secretary for audit all records concerning the expendi- SEC. 220. AUTHORIZATION OF APPROPRIATIONS. bia Mountain Heritage Area Alliance or a successor of the Arabia Mountain Heritage ture of those funds. (a) IN GENERAL.—There is authorized to be (c) USE OF FEDERAL FUNDS.— appropriated to carry out this subtitle Area Alliance. (1) IN GENERAL.—The local coordinating en- $10,000,000, to remain available until ex- (3) MANAGEMENT PLAN.—The term ‘‘man- tity shall not use Federal funds made avail- pended, of which not more than $1,000,000 agement plan’’ means the management plan able under this subtitle to acquire real prop- may be authorized to be appropriated for any for the heritage area developed under section erty or an interest in real property. fiscal year. 236. (4) SECRETARY.—The term ‘‘Secretary’’ (2) OTHER SOURCES.—Nothing in this sub- (b) COST-SHARING REQUIREMENT.—The Fed- title precludes the local coordinating entity eral share of the total cost of any activity means the Secretary of the Interior. from using Federal funds made available assisted under this subtitle shall be not more (5) STATE.—The term ‘‘State’’ means the under other Federal laws for any purpose for than 50 percent. State of Georgia. SEC. 234. ARABIA MOUNTAIN NATIONAL HERIT- which the funds are authorized to be used. SEC. 221. TERMINATION OF AUTHORITY. AGE AREA. SEC. 236. MANAGEMENT PLAN. The authority of the Secretary to provide (a) ESTABLISHMENT.—There is established (a) IN GENERAL.—The local coordinating assistance to the local coordinating entity the Arabia Mountain National Heritage Area entity shall develop a management plan for under this subtitle terminates on the date in the State. the heritage area that incorporates an inte- that is 15 years after the date of enactment (b) BOUNDARIES.—The heritage area shall grated and cooperative approach to protect, of this Act. consist of certain parcels of land in the coun- interpret, and enhance the natural, cultural, Subtitle C—Arabia Mountain National ties of DeKalb, Rockdale, and Henry in the historical, scenic, and recreational resources Heritage Area State, as generally depicted on the map enti- of the heritage area. ASIS SEC. 231. SHORT TITLE. tled ‘‘Arabia Mountain National Heritage (b) B .—The management plan shall be based on the preferred concept in the docu- This subtitle may be cited as the ‘‘Arabia Area’’, numbered AMNHA–80,000, and dated ment entitled ‘‘Arabia Mountain National Mountain National Heritage Area Act’’. October 2003. (c) AVAILABILITY OF MAP.—The map shall Heritage Area Feasibility Study’’, dated Feb- SEC. 232. FINDINGS AND PURPOSES. be on file and available for public inspection ruary 28, 2001. (a) FINDINGS.—Congress finds the fol- in the appropriate offices of the National (c) CONSIDERATION OF OTHER PLANS AND AC- lowing: Park Service. TIONS.—The management plan shall— (1) The Arabia Mountain area contains a (d) LOCAL COORDINATING ENTITY.—The Ara- (1) take into consideration State and local variety of natural, cultural, historical, sce- bia Mountain Heritage Area Alliance shall be plans; and nic, and recreational resources that together the local coordinating entity for the heritage (2) involve residents, public agencies, and represent distinctive aspects of the heritage area. private organizations in the heritage area. of the United States that are worthy of rec- SEC. 235. AUTHORITIES AND DUTIES OF THE (d) REQUIREMENTS.—The management plan ognition, conservation, interpretation, and LOCAL COORDINATING ENTITY. shall include the following: continuing use. (a) AUTHORITIES.—For purposes of devel- (1) An inventory of the resources in the (2) The best methods for managing the re- oping and implementing the management heritage area, including— sources of the Arabia Mountain area would plan, the local coordinating entity may— (A) a list of property in the heritage area be through partnerships between public and (1) make grants to, and enter into coopera- that— private entities that combine diverse re- tive agreements with, the State, political (i) relates to the purposes of the heritage sources and active communities. subdivisions of the State, and private organi- area; and (3) Davidson-Arabia Mountain Nature Pre- zations; (ii) should be preserved, restored, managed, serve, a 535-acre park in DeKalb County, (2) hire and compensate staff; and or maintained because of the significance of Georgia— (3) enter into contracts for goods and serv- the property; and (A) protects granite outcrop ecosystems, ices. (B) an assessment of cultural landscapes wetland, and pine and oak forests; and (b) DUTIES.— within the heritage area. (B) includes federally-protected plant spe- (1) MANAGEMENT PLAN.— (2) Provisions for the protection, interpre- cies. (A) IN GENERAL.—The local coordinating tation, and enjoyment of the resources of the (4) Panola Mountain, a national natural entity shall develop and submit to the Sec- heritage area consistent with the purposes of landmark, located in the 860-acre Panola retary the management plan. this subtitle. Mountain State Conservation Park, is a rare (B) CONSIDERATIONS.—In developing and (3) An interpretation plan for the heritage example of a pristine granite outcrop. implementing the management plan, the area. (5) The archaeological site at Miners Creek local coordinating entity shall consider the (4) A program for implementation of the Preserve along the South River contains doc- interests of diverse governmental, business, management plan that includes— umented evidence of early human activity. and nonprofit groups within the heritage (A) actions to be carried out by units of (6) The city of Lithonia, Georgia, and re- area. government, private organizations, and pub- lated sites of Arabia Mountain and Stone (2) PRIORITIES.—The local coordinating en- lic-private partnerships to protect the re- Mountain possess sites that display the his- tity shall give priority to implementing ac- sources of the heritage area; and

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.067 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8993 (B) the identification of existing and po- the land described in section 234(b) but for natural resources, including coal, uranium, tential sources of funding for implementing the establishment of the heritage area by silver, gold, and copper; the plan. section 234(a); or (8) the Mormon colonization played a sig- (5) A description and evaluation of the (2) authorizes a Federal agency to promul- nificant role in the history and progress of local coordinating entity, including the gate an occupational, safety, conservation, the development and settlement of the west- membership and organizational structure of or environmental regulation for the heritage ern United States; and the local coordinating entity. area that is more stringent than the regula- (9) the artisans, crafters, innkeepers, out- (e) SUBMISSION TO SECRETARY FOR AP- tions applicable to the land described in sec- fitters, farmers, ranchers, loggers, miners, PROVAL.— tion 234(b) as of the date of enactment of this historic landscape, customs, national parks, (1) IN GENERAL.—Not later than 3 years Act, solely as a result of the establishment and architecture in the Heritage Area make after the date on which funds are made avail- of the heritage area by section 234(a). the Heritage Area unique. able to carry out this subtitle, the local co- (b) LAND USE REGULATION.—Nothing in this (b) PURPOSE.—The purpose of this subtitle ordinating entity shall submit the manage- subtitle— is to establish the Heritage Area to— ment plan to the Secretary for approval. (1) modifies, enlarges, or diminishes any (1) foster a close working relationship with (2) EFFECT OF FAILURE TO SUBMIT.—If a authority of the Federal Government or a all levels of government, the private sector, management plan is not submitted to the State or local government to regulate any residents, business interests, and local com- Secretary by the date specified in paragraph use of land as provided for by law (including munities in the State; (1), the Secretary shall not provide any addi- regulations) in existence on the date of en- (2) empower communities in the State to tional funding under this subtitle until such actment of this Act; or conserve, preserve, and enhance the heritage date as a management plan for the heritage (2) grants powers of zoning or land use to of the communities while strengthening fu- area is submitted to the Secretary. the local coordinating entity. ture economic opportunities; (3) conserve, interpret, and develop the his- (f) APPROVAL AND DISAPPROVAL OF MAN- SEC. 239. AUTHORIZATION OF APPROPRIATIONS. torical, cultural, natural, and recreational AGEMENT PLAN.— (a) IN GENERAL.—There is authorized to be (1) IN GENERAL.—Not later than 90 days resources within the Heritage Area; and appropriated to carry out this subtitle (4) expand, foster, and develop heritage after receiving the management plan sub- $10,000,000, to remain available until ex- mitted under subsection (e), the Secretary, businesses and products relating to the cul- pended, of which not more than $1,000,000 tural heritage of the Heritage Area. in consultation with the State, shall approve may be authorized to be appropriated for any or disapprove the management plan. SEC. 253. DEFINITIONS. fiscal year. In this subtitle: (2) ACTION FOLLOWING DISAPPROVAL.— (b) FEDERAL SHARE.—The Federal share of (A) REVISION.—If the Secretary disapproves (1) ALLIANCE.—The term ‘‘Alliance’’ means the cost of any project or activity carried the Utah Heritage Highway 89 Alliance. a management plan submitted under para- out using funds made available under this (2) HERITAGE AREA.—The term ‘‘Heritage graph (1), the Secretary shall— subtitle shall not exceed 50 percent. (i) advise the local coordinating entity in Area’’ means the Mormon Pioneer National SEC. 240. TERMINATION OF AUTHORITY. writing of the reasons for the disapproval; Heritage Area established by section 254(a). The authority of the Secretary to provide (ii) make recommendations for revisions to (3) LOCAL COORDINATING ENTITY.—The term assistance under this subtitle terminates on the management plan; and ‘‘local coordinating entity’’ means the local the date that is 15 years after the date of en- (iii) allow the local coordinating entity to coordinating entity for the Heritage Area actment of this Act. designated by section 255(a). submit to the Secretary revisions to the (4) MANAGEMENT PLAN.—The term ‘‘man- management plan. Subtitle D—Mormon Pioneer National agement plan’’ means the plan developed by (B) DEADLINE FOR APPROVAL OF REVISION.— Heritage Area the local coordinating entity under section Not later than 90 days after the date on SEC. 251. SHORT TITLE. 256(a). which a revision is submitted under subpara- This subtitle may be cited as the ‘‘Mormon (5) SECRETARY.—The term ‘‘Secretary’’ graph (A)(iii), the Secretary shall approve or Pioneer National Heritage Area Act’’. means the Secretary of the Interior. disapprove the revision. SEC. 252. FINDINGS AND PURPOSE. (6) STATE.—The term ‘‘State’’ means the (g) REVISION OF MANAGEMENT PLAN.— (a) FINDINGS.—Congress finds that— State of Utah. (1) IN GENERAL.—After approval by the Sec- (1) the historical, cultural, and natural retary of a management plan, the local co- SEC. 254. MORMON PIONEER NATIONAL HERIT- heritage legacies of Mormon colonization AGE AREA. ordinating entity shall periodically— and settlement are nationally significant; (a) ESTABLISHMENT.—There is established (A) review the management plan; and (2) in the area starting along the Highway the Mormon Pioneer National Heritage Area. (B) submit to the Secretary, for review and 89 corridor at the Arizona border, passing (b) BOUNDARIES.— approval by the Secretary, the recommenda- through Kane, Garfield, Piute, Sevier, (1) IN GENERAL.—The boundaries of the tions of the local coordinating entity for any Wayne, and Sanpete Counties in the State of Heritage Area shall include areas in the revisions to the management plan that the Utah, and terminating in Fairview, Utah, State — local coordinating entity considers to be ap- there are a variety of heritage resources that (A) that are related to the corridors— propriate. demonstrate— (i) from the Arizona border northward (2) EXPENDITURE OF FUNDS.—No funds made (A) the colonization of the western United through Kanab, Utah, and to the intersection available under this subtitle shall be used to States; and of Highway 89 and Highway 12, including implement any revision proposed by the (B) the expansion of the United States as a Highway 12 and Highway 24 as those high- local coordinating entity under paragraph major world power; ways loop off Highway 89 and rejoin Highway (1)(B) until the Secretary approves the revi- (3) the great relocation to the western 89 at Sigurd; sion. United States was facilitated by— (ii) from Highway 89 at the intersection of SEC. 237. TECHNICAL AND FINANCIAL ASSIST- (A) the 1,400–mile trek from Illinois to the Highway 12 through Panguitch, Junction, ANCE. Great Salt Lake by the Mormon pioneers; Marysvale, and Sevier County to Sigurd; (a) IN GENERAL.—At the request of the and (iii) continuing northward along Highway local coordinating entity, the Secretary may (B) the subsequent colonization effort in 89 through Axtell and Sterling, Sanpete provide technical and financial assistance to Nevada, Utah, the southeast corner of Idaho, County, to Fairview, Sanpete County, at the the heritage area to develop and implement the southwest corner of Wyoming, large junction with Utah Highway 31; and the management plan. areas of southeastern Oregon, much of south- (iv) continuing northward along Highway (b) PRIORITY.—In providing assistance ern California, and areas along the eastern 89 through Fairview and Thistle Junction, to under subsection (a), the Secretary shall give border of California; the junction with Highway 6; and priority to actions that facilitate— (4) the 250-mile Highway 89 corridor from (B) including the following communities: (1) the conservation of the significant nat- Kanab to Fairview, Utah, contains some of Kanab, Mt. Carmel, Orderville, Glendale, ural, cultural, historical, scenic, and rec- the best features of the Mormon colonization Alton, Cannonville, Tropic, Henrieville, reational resources that support the pur- experience in the United States; Escalante, Boulder, Teasdale, Fruita, poses of the heritage area; and (5) the landscape, architecture, traditions, Hanksville, Torrey, Bicknell, Loa, Hatch, (2) the provision of educational, interpre- beliefs, folk life, products, and events along Panquitch, Circleville, Antimony, Junction, tive, and recreational opportunities that are Highway 89 convey the heritage of the pio- Marysvale, Koosharem, Sevier, Joseph, Mon- consistent with the resources and associated neer settlement; roe, Elsinore, Richfield, Glenwood, Sigurd, values of the heritage area. (6) the Boulder Loop, Capitol Reef National Aurora, Salina, Mayfield, Sterling, Gunni- SEC. 238. EFFECT ON CERTAIN AUTHORITY. Park, Zion National Park, Bryce Canyon Na- son, Fayette, Manti, Ephraim, Spring City, (a) OCCUPATIONAL, SAFETY, CONSERVATION, tional Park, and the Highway 89 area convey Mt. Pleasant, Moroni, Fountain Green, and AND ENVIRONMENTAL REGULATION.—Nothing the compelling story of how early settlers— Fairview. in this subtitle— (A) interacted with Native Americans; and (2) MAP.—The Secretary shall prepare a (1) imposes an occupational, safety, con- (B) established towns and cities in a harsh, map of the Heritage Area, which shall be on servation, or environmental regulation on yet spectacular, natural environment; file and available for public inspection in the the heritage area that is more stringent than (7) the colonization and settlement of the office of the Director of the National Park the regulations that would be applicable to Mormon settlers opened up vast amounts of Service.

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(3) NOTICE TO LOCAL GOVERNMENTS.—The property consents in writing to the inclu- (e) ANNUAL REPORTS.—For any fiscal year local coordinating entity shall provide to the sion; in which the local coordinating entity re- government of each city, town, and county (ii) a recommendation of policies for receives Federal funds under this subtitle, the that has jurisdiction over property proposed source management that consider the appli- local coordinating entity shall submit to the to be included in the Heritage Area written cation of appropriate land and water man- Secretary an annual report that describes— notice of the proposed inclusion. agement techniques, including policies for (1) the accomplishments of the local co- (c) ADMINISTRATION.—The Heritage Area the development of intergovernmental coop- ordinating entity; shall be administered in accordance with erative agreements to manage the historical, (2) the expenses and income of the local co- this subtitle. cultural, and natural resources and rec- ordinating entity; and SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL reational opportunities of the Heritage Area (3) the entities to which the local coordi- COORDINATING ENTITY. in a manner that is consistent with the sup- nating entity made any grants during the (a) IN GENERAL.—The Board of Directors of port of appropriate and compatible economic year for which the report is made. the Alliance shall be the local coordinating viability; (f) COOPERATION WITH AUDITS.—For any fis- entity for the Heritage Area. (iii) a program for implementation of the cal year in which the local coordinating enti- (b) FEDERAL FUNDING.— management plan, including plans for res- ty receives Federal funds under this subtitle, (1) AUTHORIZATION TO RECEIVE FUNDS.—The toration and construction; the local coordinating entity shall— local coordinating entity may receive (iv) a description of any commitments that (1) make available for audit by Congress, amounts made available to carry out this have been made by persons interested in the Secretary, and appropriate units of gov- subtitle. management of the Heritage Area; ernment all records and other information (2) DISQUALIFICATION.—If a management (v) an analysis of means by which Federal, relating to the expenditure of the Federal plan is not submitted to the Secretary as re- State, and local programs may best be co- funds and any matching funds; and quired under section 256 within the time pe- ordinated to promote the purposes of this (2) require, with respect to all agreements riod specified in that section, the local co- subtitle; and authorizing expenditure of the Federal funds ordinating entity may not receive Federal (vi) an interpretive plan for the Heritage by other organizations, that the receiving funding under this subtitle until a manage- Area. organizations make available for audit all ment plan is submitted to the Secretary. (3) APPROVAL OR DISAPPROVAL OF THE MAN- records and other information relating to (c) USE OF FEDERAL FUNDS.—The local co- AGEMENT PLAN.— the expenditure of the Federal funds. (A) IN GENERAL.—Not later than 180 days ordinating entity may, for the purposes of (g) DELEGATION.— after submission of the management plan by developing and implementing the manage- (1) IN GENERAL.—The local coordinating en- the local coordinating entity, the Secretary ment plan, use Federal funds made available tity may delegate the responsibilities and shall approve or disapprove the management under this subtitle— actions under this subtitle for each area plan. (1) to make grants to the State, political identified in section 254(b)(1). (B) DISAPPROVAL AND REVISIONS.— subdivisions of the State, nonprofit organiza- (2) REVIEW.—All delegated responsibilities (i) IN GENERAL.—If the Secretary dis- tions, and other persons; and actions are subject to review and ap- approves the management plan, the Sec- (2) to enter into cooperative agreements proval by the local coordinating entity. with or provide technical assistance to the retary shall— State, political subdivisions of the State, (I) advise the local coordinating entity, in SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. nonprofit organizations, and other organiza- writing, of the reasons for the disapproval; tions; and (a) TECHNICAL ASSISTANCE AND GRANTS.— (3) to hire and compensate staff; (II) make recommendations for revision of (1) IN GENERAL.—The Secretary may pro- (4) to obtain funds from any source under the management plan. vide technical assistance and, subject to the any program or law requiring the recipient (ii) APPROVAL OR DISAPPROVAL.—The Sec- availability of appropriations, grants to— of funds to make a contribution in order to retary shall approve or disapprove proposed (A) units of government, nonprofit organi- receive the funds; and revisions to the management plan not later zations, and other persons, at the request of (5) to contract for goods and services. than 60 days after receipt of the revisions the local coordinating entity; and (d) PROHIBITION OF ACQUISITION OF REAL from the local coordinating entity. (B) the local coordinating entity, for use in PROPERTY.—The local coordinating entity (b) PRIORITIES.—The local coordinating en- developing and implementing the manage- shall not use Federal funds received under tity shall give priority to the implementa- ment plan. this subtitle to acquire real property or any tion of actions, goals, and policies set forth (2) PROHIBITION OF CERTAIN REQUIRE- interest in real property. in the management plan, including— MENTS.—The Secretary may not, as a condi- (1) assisting units of government, regional tion of the award of technical assistance or SEC. 256. MANAGEMENT OF THE HERITAGE AREA. planning organizations, and nonprofit orga- grants under this subtitle, require any re- (a) HERITAGE AREA MANAGEMENT PLAN.— nizations in— cipient of the technical assistance or a grant (1) DEVELOPMENT AND SUBMISSION FOR RE- (A) conserving the historical, cultural, and to enact or modify any land use restriction. VIEW.—Not later than 3 years after the date natural resources of the Heritage Area; (3) DETERMINATIONS REGARDING ASSIST- on which funds are made available to carry (B) establishing and maintaining interpre- ANCE.—The Secretary shall determine wheth- out the subtitle, the local coordinating enti- tive exhibits in the Heritage Area; er a unit of government, nonprofit organiza- ty, with public participation, shall develop (C) developing recreational opportunities tion, or other person shall be awarded tech- and submit for review to the Secretary a in the Heritage Area; nical assistance or grants and the amount of management plan for the Heritage Area. (D) increasing public awareness of and ap- technical assistance— (2) CONTENTS.—The management plan preciation for the historical, cultural, and (A) based on the extent to which the assist- shall— natural resources of the Heritage Area; ance— (A) present comprehensive recommenda- (E) restoring historic buildings that are— (i) fulfills the objectives of the manage- tions for the conservation, funding, manage- (i) located within the boundaries of the ment plan; and ment, and development of the Heritage Area; Heritage Area; and (ii) achieves the purposes of this subtitle; (B) take into consideration Federal, State, (ii) related to the theme of the Heritage and county, and local plans; Area; and (B) after giving special consideration to (C) involve residents, public agencies, and (F) ensuring that clear, consistent, and en- projects that provide a greater leverage of private organizations in the Heritage Area; vironmentally appropriate signs identifying Federal funds. (D) include a description of actions that access points and sites of interest are put in (b) PROVISION OF INFORMATION.—In coopera- units of government and private organiza- place throughout the Heritage Area; and tions are recommended to take to protect tion with other Federal agencies, the Sec- (2) consistent with the goals of the man- retary shall provide the public with informa- the resources of the Heritage Area; agement plan, encouraging economic viabil- (E) specify existing and potential sources tion concerning the location and character ity in the affected communities by appro- of the Heritage Area. of Federal and non-Federal funding for the priate means, including encouraging and so- (c) OTHER ASSISTANCE.—The Secretary may conservation, management, and development liciting the development of heritage prod- of the Heritage Area; and enter into cooperative agreements with pub- ucts. lic and private organizations for the pur- (F) include— (c) CONSIDERATION OF INTERESTS OF LOCAL poses of implementing this subtitle. (i) an inventory of resources in the Herit- GROUPS.—In developing and implementing age Area that— the management plan, the local coordinating (d) DUTIES OF OTHER FEDERAL AGENCIES.— (I) includes a list of property in the Herit- entity shall consider the interests of diverse A Federal entity conducting any activity di- age Area that should be conserved, restored, units of government, businesses, private rectly affecting the Heritage Area shall— managed, developed, or maintained because property owners, and nonprofit organizations (1) consider the potential effect of the ac- of the historical, cultural, or natural signifi- in the Heritage Area. tivity on the management plan; and cance of the property as the property relates (d) PUBLIC MEETINGS.—The local coordi- (2) consult with the local coordinating en- to the themes of the Heritage Area; and nating entity shall conduct public meetings tity with respect to the activity to minimize (II) does not include any property that is at least annually regarding the implementa- the adverse effects of the activity on the privately owned unless the owner of the tion of the management plan. Heritage Area.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.067 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S8995 SEC. 258. NO EFFECT ON LAND USE AUTHORITY (7) Capturing these interconnected stories (5) To authorize Federal financial and AND PRIVATE PROPERTY. through partnerships with National Park technical assistance to the local coordi- (a) NO EFFECT ON LAND USE AUTHORITY.— Service sites, Kansas State Historical Soci- nating entity to assist in the conservation Nothing in this subtitle modifies, enlarges, ety sites, local organizations, and citizens and interpretation of the Heritage Area. or diminishes any authority of Federal, will augment the story opportunities within (6) To empower communities and organiza- State, or local government to regulate any the prospective boundary for the educational tions in Kansas to preserve the special his- use of land under any other law (including and recreational benefit of this and future toric identity of Bleeding Kansas and with it regulations). generations of Americans. the identity of the Nation. (b) NO ZONING OR LAND USE POWERS.— (8) Communities throughout this region (7) To provide for the management, preser- Nothing in this subtitle grants powers of know the value of their Bleeding Kansas leg- vation, protection, and interpretation of the zoning or land use control to the local co- acy, but require expansion of the existing co- natural, historical, and cultural resources ordinating entity. operative framework to achieve key preser- within the region for the educational and in- (c) LOCAL AUTHORITY AND PRIVATE PROP- vation, education, and other significant spirational benefit of current and future gen- ERTY NOT AFFECTED.—Nothing in this sub- goals by working more closely together. erations. title affects or authorizes the local coordi- (9) The State of Kansas officially recog- (8) To provide greater community capacity nating entity to interfere with— nized the national significance of the Bleed- through inter-local cooperation. (1) the right of any person with respect to ing Kansas story when it designated the her- (9) To provide a vehicle, particularly in the private property; or itage area development as a significant stra- four counties with high out-migration of (2) any local zoning ordinance or land use tegic goal within the statewide economic de- population, to recognize that self-reliance plan of the State or a political subdivision of velopment plan. and resilience will be the keys to their eco- the State. (10) Territorial Kansas Heritage Alliance is nomic future. SEC. 259. AUTHORIZATION OF APPROPRIATIONS. a nonprofit corporation created for the pur- (10) To build upon the Kansas rural development policy, the Kansas agritourism ini- (a) IN GENERAL.—There is authorized to be poses of preserving, interpreting, developing, appropriated to carry out this subtitle promoting and, making available to the pub- tiative and the new homestead act to recog- $10,000,000, to remain available until ex- lic the story and resources related to the nize inherent strengths of small towns and pended, of which not more than $1,000,000 story of Bleeding Kansas and the Enduring rural communities—close-knit communities, strong local business networks, and a tradi- may be authorized to be appropriated for any Struggle for Freedom. tion of entrepreneurial creativity. fiscal year. (11) Territorial Kansas Heritage Alliance (11) To educate and cultivate among its (b) FEDERAL SHARE.—The Federal share of has completed a study that— citizens, particularly its youth, the stories the cost of any activity carried out using (A) describes in detail the role, operation, and cultural resources of the region’s legacy funds made available under this subtitle financing, and functions of Territorial Kan- that— shall not exceed 50 percent. sas Heritage Alliance, the local coordinating entity; and (A) reflect the popular phrase ‘‘Bleeding SEC. 260. TERMINATION OF AUTHORITY. Kansas’’ describing the conflict over slavery The authority of the Secretary to provide (B) provides adequate assurances that Ter- ritorial Kansas Heritage Alliance, the local that became nationally prominent in Kansas assistance under this subtitle terminates on just before and during the American Civil coordinating entity, is likely to have the fi- the date that is 15 years after the date of en- War; nancial resources necessary to implement actment of this Act. (B) reflect the commitment of American the management plan for the Heritage Area, settlers who first fought and killed to uphold Subtitle E—Bleeding Kansas National including resources to meet matching re- their different and irreconcilable principles Heritage Area quirement for grants. of freedom and equality during the years of SEC. 261. SHORT TITLE. (12) There are at least 7 National Historic the Kansas Conflict; This subtitle may be cited as the ‘‘Bleeding Landmarks, 32 National Register properties, (C) reflect the struggle for freedom, experi- Kansas National Heritage Area Act’’. 3 Kansas Register properties, and 7 prop- enced during the ‘‘Bleeding Kansas’’ era, erties listed on the National Underground SEC. 262. FINDINGS AND PURPOSE. that continues to be a vital and pressing Railroad Network to Freedom that con- (a) FINDINGS.—Congress finds the fol- issue associated with the real problem of tribute to the Heritage Area as well as other lowing: democratic nation building; and significant properties that have not been (1) The Bleeding Kansas National Heritage (D) recreate the physical environment redesignated at this time. Area is a cohesive assemblage of natural, vealing its impact on agriculture, transpor- (13) There is an interest in interpreting all historic, cultural, and recreational resources tation, trade and business, and social and sides of the Bleeding Kansas story that re- that— cultural patterns in urban and rural set- quires further work with several counties in (A) together represent distinctive aspects tings. Missouri interested in joining the area. of American heritage worthy of recognition, (12) To interpret the effect of the era’s (14) In 2004, the State of Kansas commemo- conservation, interpretation, and continuing democratic ethos on the development of rated the Sesquicentennial of the signing of use; America’s distinctive political culture. (B) are best managed through partnerships the Kansas-Nebraska Act, opening the territory to settlement. SEC. 263. DEFINITIONS. between private and public entities; and In this subtitle: (C) will build upon the Kansas rural devel- (b) PURPOSES.—The purposes of this sub- (1) HERITAGE AREA.—The term ‘‘Heritage opment policy and the new homestead act to title are as follows: Area’’ means the Bleeding Kansas and the recognize inherent strengths of small towns (1) To designate a region in eastern Kansas Enduring Struggle for Freedom National and rural communities—close-knit commu- and western Missouri containing nationally Heritage Area in eastern Kansas and western nities, strong local business networks, and a important natural, historic, and cultural re- Missouri. tradition of entrepreneurial creativity. sources and recreational and educational op- (2) LOCAL COORDINATING ENTITY.—The term (2) The Bleeding Kansas National Heritage portunities that are geographically assem- ‘‘local coordinating entity’’ means Terri- Area reflects traditions, customs, beliefs, bled and thematically related as areas that torial Kansas Heritage Alliance, recognized folk life, or some combination thereof, that provide unique frameworks for under- by the Secretary, in consultation with the are a valuable part of the heritage of the standing the great and diverse character of Governors of the States, that agrees to per- United States. the United States and the development of form the duties of a local coordinating enti- (3) The Bleeding Kansas National Heritage communities and their surroundings as the ty under this subtitle. Area provides outstanding opportunities to Bleeding Kansas National Heritage Area. (3) MANAGEMENT PLAN.—The term ‘‘man- conserve natural, cultural, or historic fea- (2) To strengthen, complement, and sup- agement plan’’ means the management plan tures, or some combination thereof. port the Fort Scott, Brown v. Board of Edu- for the Heritage Area developed under sec- (4) The Bleeding Kansas National Heritage cation, Nicodemus and Tallgrass Prairie tion 264(e). Area provides outstanding recreational and sites through the interpretation and con- (4) SECRETARY.—The term ‘‘Secretary’’ interpretive opportunities. servation of the associated living landscapes means the Secretary of the Interior. (5) The Bleeding Kansas National Heritage outside of the boundaries of these units of (5) STATE.—The term ‘‘State’’ means each Area has an identifiable theme, and re- the National Park System. of the States of Kansas and Missouri. sources important to the theme retain integ- (3) To describe the extent of Federal re- (6) UNIT OF LOCAL GOVERNMENT.—The term rity capable of supporting interpretation. sponsibilities and duties in regard to the ‘‘unit of local government’’ means the gov- (6) Residents, nonprofit organizations, Heritage Area. ernment of a State, a political subdivision of other private entities, and units of local gov- (4) To further collaboration and partner- a State, or an Indian tribe. ernment throughout the Bleeding Kansas ships among Federal, State, and local gov- SEC. 264. BLEEDING KANSAS AND THE ENDURING National Heritage Area demonstrate support ernments, nonprofit organizations, and the STRUGGLE FOR FREEDOM NA- for designation of the Bleeding Kansas Na- private sector, or combinations thereof, to TIONAL HERITAGE AREA. tional Heritage Area as a national heritage conserve and manage the resources and op- (a) ESTABLISHMENT.—There is established area and for management of the Bleeding portunities in the Heritage Area through in the States the Bleeding Kansas and the Kansas National Heritage Area as appro- grants, technical assistance, training and Enduring Struggle for Freedom National priate for such designation. other means. Heritage Area.

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(b) BOUNDARIES.—The Heritage Area may natural, cultural, historical, or recreational (f) PUBLIC NOTICE.—The local coordinating include the following: significance; entity shall place a notice of each of its pub- (1) An area located in eastern Kansas and (iii) policies for resource management in- lic meetings in a newspaper of general cir- western Missouri, consisting of— cluding the development of intergovern- culation in the Heritage Area and shall make (A) Allen, Anderson, Atchison, Bourbon, mental cooperative agreements, private sec- the minutes of the meeting available to the Chantauqua, Cherokee, Clay, Coffey, tor agreements, or any combination thereof, public. Crawford, Douglas, Franklin, Geary, Jack- to protect the historical, cultural, rec- (g) ANNUAL REPORT.—For any year in son, Johnson, Labette, Leavenworth, Linn, reational, and natural resources of the Herit- which Federal funds have been made avail- Miami, Neosho, Pottawatomie, Riley, Shaw- age Area in a manner consistent with sup- able under this subtitle, the local coordi- nee, Wabaunsee, Wilson, Woodson, Wyan- porting appropriate and compatible eco- nating entity shall submit to the Secretary dotte Counties in Kansas; and nomic viability; an annual report that describes— (B) Buchanan, Platte, Clay, Ray, Lafay- (iv) a program for implementation of the (1) the accomplishments of the local co- ette, Jackson, Cass, Johnson, Bates, Vernon, management plan by the designated local coordinating entity; and Barton, and Jasper Counties in Missouri. ordinating entity, in cooperation with its (2) the expenses and income of the local co- (2) Contributing sites, buildings, and dis- partners and units of local government; ordinating entity. tricts within the area that are recommended (v) evidence that relevant State, county, (h) AUDIT.—The local coordinating entity by the management plan. and local plans applicable to the Heritage shall— (c) MAP.—The final boundary of the Herit- Area have been taken into consideration; (1) make available to the Secretary for age Area within the counties identified in (vi) an analysis of ways in which local, audit all records relating to the expenditure subsection (b)(1) shall be specified in the State, and Federal programs may best be co- of Federal funds and any matching funds; management plan. A map of the Heritage ordinated to promote the purposes of this and Area shall be included in the management subtitle; and (2) require, with respect to all agreements plan. The map shall be on file in the appro- (vii) a business plan that— authorizing expenditure of Federal funds by priate offices of the National Park Service, (I) describes in detail the role, operation, other organizations, that the receiving orga- Department of the Interior. financing, and functions of the local coordi- nizations make available to the Secretary nating entity for each activity included in (d) LOCAL COORDINATING ENTITY.— for audit all records concerning the expendi- the recommendations contained in the man- (1) IN GENERAL.—The local coordinating en- ture of the Federal funds and any matching agement plan; and tity for the Heritage Area shall be Terri- funds. (II) provides, to the satisfaction of the Sec- torial Kansas Heritage Alliance, a nonprofit (i) USE OF FEDERAL FUNDS.— retary, adequate assurances that the local organization established in the State of Kan- (1) IN GENERAL.—The local coordinating en- coordinating entity is likely to have the fi- sas, recognized by the Secretary, in con- tity shall not use Federal funds made avail- nancial resources necessary to implement able under this subtitle to acquire real prop- sultation with the Governors of the States, the management plan for the Heritage Area, erty or an interest in real property. that agrees to perform the duties of the local including resources to meet matching re- (2) OTHER SOURCES.—Nothing in this sub- coordinating entity under this subtitle. quirement for grants awarded under this subtitle precludes the local coordinating entity (2) AUTHORITIES.—For purposes of devel- title. oping and implementing the management from using Federal funds made available (3) CONSIDERATIONS.—In developing and im- under other Federal laws for any purpose for plan, the local coordinating entity may— plementing the management plan, the local which the funds are authorized to be used. (A) make grants to, and enter into cooper- coordinating entity shall consider the inter- ative agreements with, the States, political ests of diverse governmental, business, and SEC. 265. TECHNICAL AND FINANCIAL ASSIST- subdivisions of the States, and private orga- nonprofit groups within the Heritage Area. ANCE; OTHER FEDERAL AGENCIES. nizations; (4) DISQUALIFICATION FROM FUNDING.—If a (a) TECHNICAL AND FINANCIAL ASSIST- (B) hire and compensate staff; and proposed management plan is not submitted ANCE.— (C) enter into contracts for goods and serv- to the Secretary within 3 years after the (1) IN GENERAL.—On the request of the local ices. date on which funds are made available to coordinating entity, the Secretary may pro- (e) MANAGEMENT PLAN.— carry out this subtitle, the local coordi- vide technical and financial assistance for (1) IN GENERAL.—Not later than 3 years nating entity shall be ineligible to receive the development and implementation of the after the date on which funds are made avail- additional funding under this subtitle until management plan. able to carry out this subtitle, the local co- the date on which the Secretary receives the (2) PRIORITY FOR ASSISTANCE.—In providing ordinating entity shall develop and submit proposed management plan. assistance under paragraph (1), the Secretary to the Secretary a management plan re- (5) APPROVAL AND DISAPPROVAL OF MANAGE- shall give priority to actions that assist in— viewed by participating units of local gov- MENT PLAN.—The Secretary shall approve or (A) conserving the significant cultural, his- ernment within the boundaries of the pro- disapprove the proposed management plan toric, and natural resources of the Heritage posed Heritage Area. submitted under this subtitle not later than Area; and (2) CONTENTS.—The management plan 90 days after receiving such proposed man- (B) providing educational, interpretive, shall— agement plan. and recreational opportunities consistent (A) present a comprehensive program for (6) ACTION FOLLOWING DISAPPROVAL.—If the with the purposes of the Heritage Area. the conservation, interpretation, funding, Secretary disapproves a proposed manage- (3) SPENDING FOR NON-FEDERAL PROPERTY.— management, and development of the Herit- ment plan, the Secretary shall advise the The local coordinating entity may expend age Area, in a manner consistent with the local coordinating entity in writing of the Federal funds made available under this sub- existing local, State, and Federal land use reasons for the disapproval and shall make title on non-Federal property that— laws and compatible economic viability of recommendations for revisions to the pro- (A) meets the criteria in the approved the Heritage Area; posed management plan. The Secretary shall management plan; or (B) establish criteria or standards to meas- approve or disapprove a proposed revision (B) is listed or eligible for listing on the ure what is selected for conservation, inter- within 90 days after the date it is submitted. National Register of Historic Places. pretation, funding, management, and devel- (7) APPROVAL OF AMENDMENTS.—The Sec- (4) OTHER ASSISTANCE.—The Secretary may opment; retary shall review and approve substantial enter into cooperative agreements with pub- (C) involve residents, public agencies, and amendments to the management plan. Funds lic and private organizations to carry out private organizations working in the Herit- appropriated under this subtitle may not be this subsection. age Area; expended to implement any changes made by (b) OTHER FEDERAL AGENCIES.—Any Fed- (D) specify and coordinate, as of the date of such amendment until the Secretary ap- eral entity conducting or supporting an ac- the management plan, existing and potential proves the amendment. tivity that directly affects the Heritage Area sources of technical and financial assistance (8) IMPLEMENTATION.— shall— under this and other Federal laws to protect, (A) PRIORITIES.—The local coordinating en- (1) consider the potential effect of the ac- manage, and develop the Heritage Area; and tity shall give priority to implementing activity on the purposes of the Heritage Area (E) include— tions described in the mangement plan, in- and the management plan; (i) actions to be undertaken by units of cluding— (2) consult with the local coordinating en- government and private organizations to (i) assisting units of government and non- tity regarding the activity; and protect, conserve, and interpret the re- profit organizations in preserving resources (3) to the maximum extent practicable, sources of the Heritage Area; within the Heritage Area; and conduct or support the activity to avoid ad- (ii) an inventory of the resources contained (ii) encouraging local governments to verse effects on the Heritage Area. in the Heritage Area, including a list of any adopt land use policies consistent with the (c) OTHER ASSISTANCE NOT AFFECTED.— property in the Heritage Area that is related management of the Heritage Area and the This subtitle does not affect the authority of to the themes of the Heritage Area and that goals of the management plan. any Federal official to provide technical or meets the establishing criteria (such as, but (B) PUBLIC MEETINGS.—The local coordi- financial assistance under any other law. not exclusive to, visitor readiness) to merit nating entity shall conduct public meetings (d) NOTIFICATION OF OTHER FEDERAL AC- preservation, restoration, management, de- at least quarterly on the implementation of TIVITIES.—The head of each Federal agency velopment, or maintenance because of its the management plan. shall provide to the Secretary and the local

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coordinating entity, to the extent prac- (c) NO DIMINISHMENT OF STATE AUTHOR- (6) The region became a national leader in ticable, advance notice of all activities that ITY.—Nothing in this subtitle shall be con- scenic beautification and environmental con- may have an impact on the Heritage Area. strued to diminish the authority of the State servation efforts following the era of indus- SEC. 266. PRIVATE PROPERTY PROTECTION. to manage fish and wildlife, including the trialization and deforestation and maintains (a) ACCESS TO PRIVATE PROPERTY.—Noth- regulation of fishing and hunting within the a fabric of significant conservation areas in- ing in this subtitle shall be construed to re- Heritage Area. cluding the meandering Housatonic River. quire any private property owner to permit SEC. 268. AUTHORIZATION OF APPROPRIATIONS. (7) Important historical events related to public access (including Federal, State, or (a) IN GENERAL.—There is authorized to be the American Revolution, Shays’ Rebellion, local government access) to such private appropriated to carry out this subtitle and early civil rights took place in the upper property. Nothing in this subtitle shall be $10,000,000, to remain available until ex- Housatonic Valley. construed to modify any provision of Fed- pended, of which not more than $1,000,000 (8) The region had an American Indian eral, State, or local law with regard to public may be authorized to be appropriated for any presence going back 10,000 years, and Mohi- access to or use of private lands. fiscal year. cans had a formative role in contact with (b) LIABILITY.—Designation of the Heritage (b) COST-SHARING REQUIREMENT.—The Fed- Europeans during the 17th and 18th cen- Area shall not be considered to create any li- eral share of the total cost of any activity turies. ability, or to have any effect on any liability assisted under this subtitle shall be not more (9) The Upper Housatonic Valley National under any other law, of any private property than 50 percent. Heritage Area has been proposed in order to owner with respect to any persons injured on SEC. 269. TERMINATION OF AUTHORITY. heighten appreciation of the region, preserve such private property. The authority of the Secretary to provide its natural and historical resources, and im- (c) RECOGNITION OF AUTHORITY TO CONTROL assistance under this subtitle terminates on prove the quality of life and economy of the LAND USE.—Nothing in this subtitle shall be the date that is 15 years after the date of en- area. construed to modify any authority of Fed- actment of this Act. (b) PURPOSES.—The purposes of this sub- eral, State, or local governments to regulate Subtitle F—Upper Housatonic Valley title are as follows: land use. National Heritage Area (1) To establish the Upper Housatonic Val- (d) PARTICIPATION OF PRIVATE PROPERTY SEC. 271. SHORT TITLE. ley National Heritage Area in the State of OWNERS IN HERITAGE AREAS.—Nothing in this This subtitle may be cited as the ‘‘Upper Connecticut and the Commonwealth of Mas- subtitle shall be construed to require the Housatonic Valley National Heritage Area sachusetts. owner of any private property located within Act’’. (2) To implement the national heritage the boundaries of the Heritage Area to par- SEC. 272. FINDINGS AND PURPOSES. area alternative as described in the docu- ticipate in or be associated with the Heritage (a) FINDINGS.—Congress finds the fol- ment entitled ‘‘Upper Housatonic Valley Na- Area. lowing: tional Heritage Area Feasibility Study, (e) LAND USE REGULATION.— (1) The upper Housatonic Valley, encom- 2003’’. (1) IN GENERAL.—The local coordinating en- passing 29 towns in the hilly terrain of west- (3) To provide a management framework to tity shall provide assistance and encourage- ern Massachusetts and northwestern Con- foster a close working relationship with all ment to State and local governments, pri- necticut, is a singular geographical and cul- levels of government, the private sector, and vate organizations, and persons to protect tural region that has made significant na- the local communities in the upper and promote the resources and values of the tional contributions through its literary, ar- Housatonic Valley region to conserve the re- Heritage Area. tistic, musical, and architectural achieve- gion’s heritage while continuing to pursue (2) EFFECT.—Nothing in this subtitle— ments, its iron, paper, and electrical equip- compatible economic opportunities. (A) affects the authority of the State or ment industries, and its scenic beautifi- (4) To assist communities, organizations, local governments to regulate under law any cation and environmental conservation ef- and citizens in the State of Connecticut and use of land; or forts. the Commonwealth of Massachusetts in iden- (B) grants any power of zoning or land use (2) The upper Housatonic Valley has 139 tifying, preserving, interpreting, and devel- to the local coordinating entity. properties and historic districts listed on the oping the historical, cultural, scenic, and (f) PRIVATE PROPERTY.— National Register of Historic Places includ- natural resources of the region for the edu- (1) IN GENERAL.—The local coordinating en- ing— cational and inspirational benefit of current tity shall be an advocate for land manage- (A) 5 National Historic Landmarks, includ- and future generations. ment practices consistent with the purposes ing— SEC. 273. DEFINITIONS. of the Heritage Area. (i) Edith Wharton’s home, The Mount, In this subtitle: (2) EFFECT.—Nothing in this subtitle— Lenox, Massachusetts; (1) HERITAGE AREA.—The term ‘‘Heritage (A) abridges the rights of any person with (ii) Herman Melville’s home, Arrowhead, Area’’ means the Upper Housatonic Valley regard to private property; Pittsfield, Massachusetts; National Heritage Area, established by sec- (B) affects the authority of the State or (iii) W.E.B. DuBois’ Boyhood Homesite, tion 274. local government regarding private prop- Great Barrington, Massachusetts; (2) LOCAL COORDINATING ENTITY.—The term erty; or (iv) Mission House, Stockbridge, Massa- ‘‘local coordinating entity’’ means the local (C) imposes any additional burden on any chusetts; and coordinating entity for the Heritage Area property owner. (v) Crane and Company Old Stone Mill Rag designated by section 274(d). (g) REQUIREMENTS FOR INCLUSION OF PRI- Room, Dalton, Massachusetts; and (3) MANAGEMENT PLAN.—The term ‘‘Man- VATE PROPERTY.— (B) 4 National Natural Landmarks, includ- agement Plan’’ means the management plan (1) NOTIFICATION AND CONSENT OF PROPERTY ing— for the Heritage Area specified in section 276. OWNERS REQUIRED.—No privately owned prop- (i) Bartholomew’s Cobble, Sheffield, Massa- (4) MAP.—The term ‘‘map’’ means the map erty shall be governed by the management chusetts, and Salisbury, Connecticut; entitled ‘‘Boundary Map Upper Housatonic plan for the Heritage Area until the owner of (ii) Beckley Bog, Norfolk, Connecticut; Valley National Heritage Area’’, numbered that private property has been notified in (iii) Bingham Bog, Salisbury, Connecticut; P17/80,000, and dated February 2003. writing by the local coordinating entity and and (5) SECRETARY.—The term ‘‘Secretary’’ has given written consent for such inclusion (iv) Cathedral Pines, Cornwall, Con- means the Secretary of the Interior. to the local coordinating entity. necticut. (6) STATE.—The term ‘‘State’’ means the (2) LANDOWNER WITHDRAWAL.—Any owner (3) Writers, artists, musicians, and vaca- State of Connecticut and the Commonwealth of private property included within the tioners have visited the region for more than of Massachusetts. boundary of the Heritage Area, and not noti- 150 years to enjoy its scenic wonders, making SEC. 274. UPPER HOUSATONIC VALLEY NATIONAL fied under paragraph (1), shall have their it one of the country’s leading cultural re- HERITAGE AREA. property immediately removed from the sorts. (a) ESTABLISHMENT.—There is established boundary by submitting a written request to (4) The upper Housatonic Valley has made the Upper Housatonic Valley National Herit- the local coordinating entity. significant national cultural contributions age Area, as depicted on the map. SEC. 267. SAVINGS PROVISIONS. through such writers as Herman Melville, (b) BOUNDARIES.—The Heritage Area shall (a) RULES, REGULATIONS, STANDARDS, AND Nathaniel Hawthorne, Edith Wharton, and be comprised of— PERMIT PROCESSES.—Nothing in this subtitle W.E.B. DuBois, artists Daniel Chester (1) part of the Housatonic River’s water- shall be construed to impose any environ- French and Norman Rockwell, and the per- shed, which extends 60 miles from Lanesboro, mental, occupational, safety, or other rule, forming arts centers of Tanglewood, Music Massachusetts to Kent, Connecticut; regulation, standard, or permit process in Mountain, Norfolk (Connecticut) Chamber (2) the towns of Canaan, Colebrook, Corn- the Heritage Area that is different from Music Festival, Jacob’s Pillow, and Shake- wall, Kent, Norfolk, North Canaan, Salis- those that would be applicable if the Herit- speare & Company. bury, Sharon, and Warren in Connecticut; age Area had not been established. (5) The upper Housatonic Valley is noted (3) the towns of Alford, Becket, Dalton, (b) WATER AND WATER RIGHTS.—Nothing in for its pioneering achievements in the iron, Egremont, Great Barrington, Hancock, this subtitle shall be construed to authorize paper, and electrical generation industries Hinsdale, Lanesboro, Lee, Lenox, Monterey, or imply the reservation or appropriation of and has cultural resources to interpret those Mount Washington, New Marlboro, Pitts- water or water rights. industries. field, Richmond, Sheffield, Stockbridge,

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.068 S26JYPT1 S8998 CONGRESSIONAL RECORD — SENATE July 26, 2005 Tyringham, Washington, and West Stock- chusetts, their political subdivisions, non- retary in accordance with this subsection, bridge in Massachusetts; and profit organizations and other persons; the local coordinating entity shall not qual- (4) the land and water within the bound- (2) enter into cooperative agreements with ify for Federal funding under this subtitle aries of the Heritage Area, as depicted on the or provide technical assistance to the State until such time as the management plan is map. of Connecticut and the Commonwealth of submitted to and approved by the Secretary. (c) AVAILABILITY OF MAP.—The map shall Massachusetts, their political jurisdictions, SEC. 277. DUTIES AND AUTHORITIES OF THE SEC- be on file and available for public inspection nonprofit organizations, and other interested RETARY. in the appropriate offices of the National parties; (a) TECHNICAL AND FINANCIAL ASSIST- Park Service, Department of the Interior. (3) hire and compensate staff, which shall ANCE.—The Secretary may, upon the request (d) LOCAL COORDINATING ENTITY.—The include individuals with expertise in natural, of the local coordinating entity, provide Upper Housatonic Valley National Heritage cultural, and historical resources protection, technical assistance on a reimbursable or Area, Inc. shall be the local coordinating en- and heritage programming; non-reimbursable basis and financial assist- tity for the Heritage Area. (4) obtain money or services from any ance to the Heritage Area to develop and im- source, including any that are provided plement the approved management plan. The SEC. 275. AUTHORITIES, PROHIBITIONS, AND DU- under any other Federal law or program; Secretary is authorized to enter into cooper- TIES OF THE LOCAL COORDINATING ative agreements with the local coordinating ENTITY. (5) contract for goods or services; and (6) undertake to be a catalyst for any other entity and other public or private entities (a) DUTIES OF THE LOCAL COORDINATING EN- activity that furthers the purposes of the for this purpose. In assisting the Heritage TITY.—To further the purposes of the Herit- Heritage Area and is consistent with the ap- Area, the Secretary shall give priority to ac- age Area, the local coordinating entity tions that in general assist in— shall— proved management plan. (c) PROHIBITIONS ON THE ACQUISITION OF (1) conserving the significant natural, his- (1) prepare and submit a management plan REAL PROPERTY.—The local coordinating en- torical, cultural, and scenic resources of the for the Heritage Area to the Secretary in ac- tity shall not use Federal funds received Heritage Area; and cordance with section 276; under this subtitle to acquire real property, (2) providing educational, interpretive, and (2) assist units of local government, re- but may use any other source of funding, in- recreational opportunities consistent with gional planning organizations, and nonprofit cluding other Federal funding outside this the purposes of the Heritage Area. organizations in implementing the approved authority, intended for the acquisition of (b) APPROVAL AND DISAPPROVAL OF MAN- management plan by— real property. AGEMENT PLAN.— (A) carrying out programs and projects SEC. 276. MANAGEMENT PLAN. (1) IN GENERAL.—Not later than 90 days that recognize, protect, and enhance impor- (a) IN GENERAL.—The management plan for after receiving the management plan, the tant resource values within the Heritage the Heritage Area shall— Secretary shall approve or disapprove the Area; (1) include comprehensive policies, strate- management plan. (B) establishing and maintaining interpre- gies, and recommendations for conservation, (2) CRITERIA FOR APPROVAL.—In deter- tive exhibits and programs within the Herit- funding, management and development of mining the approval of the management age Area; the Heritage Area; plan, the Secretary shall consider whether— (C) developing recreational and edu- (2) take into consideration existing State, (A) the local coordinating entity is rep- cational opportunities in the Heritage Area; county, and local plans in the development resentative of the diverse interests of the (D) increasing public awareness of and ap- of the management plan and its implementa- Heritage Area including governments, nat- preciation for natural, historical, scenic, and tion; ural and historic resource protection organi- cultural resources of the Heritage Area; (3) include a description of actions that zations, educational institutions, businesses, (E) protecting and restoring historic sites governments, private organizations, and in- and recreational organizations; and buildings in the Heritage Area that are dividuals have agreed to take to protect the (B) the local coordinating entity has af- consistent with heritage area themes; natural, historical, and cultural resources of forded adequate opportunity, including pub- (F) ensuring that clear, consistent, and ap- the Heritage Area; lic hearings, for public and governmental in- propriate signs identifying points of public (4) specify the existing and potential volvement in the preparation of the manage- access and sites of interest are posted sources of funding to protect, manage, and ment plan; throughout the Heritage Area; and develop the Heritage Area in the first 5 years (C) the resource protection and interpreta- (G) promoting a wide range of partnerships of implementation; tion strategies contained in the management among governments, organizations and indi- (5) include an inventory of the natural, his- plan, if implemented, would adequately pro- viduals to further the purposes of the Herit- torical, cultural, educational, scenic, and tect the natural, historical, and cultural re- age Area; recreational resources of the Heritage Area sources of the Heritage Area; and (3) consider the interests of diverse units of related to the themes of the Heritage Area (D) the Secretary has received adequate as- government, businesses, organizations and that should be preserved, restored, managed, surances from the appropriate State and individuals in the Heritage Area in the prep- developed, or maintained; local officials whose support is needed to en- aration and implementation of the manage- (6) recommend policies and strategies for sure the effective implementation of the ment plan; resource management that consider and de- State and local aspects of the management (4) conduct meetings open to the public at tail the application of appropriate land and plan. least semi-annually regarding the develop- water management techniques including, but (3) ACTION FOLLOWING DISAPPROVAL.—If the ment and implementation of the manage- not limited to, the development of intergov- Secretary disapproves the management plan, ment plan; ernmental and interagency cooperative the Secretary shall advise the local coordi- (5) submit an annual report to the Sec- agreements to protect the Heritage Area’s nating entity in writing of the reasons there- retary for any fiscal year in which the local natural, historical, cultural, educational, fore and shall make recommendations for re- coordinating entity receives Federal funds scenic, and recreational resources; visions to the management plan. Not later under this subtitle, setting forth its accom- (7) describe a program of implementation than 60 days after the date a proposed revi- plishments, expenses, and income, including for the management plan including plans for sion is submitted, the Secretary shall ap- grants to any other entities during the year resource protection, restoration, construc- prove or disapprove the proposed revision. for which the report is made; tion, and specific commitments for imple- (4) APPROVAL OF AMENDMENTS.—Substan- (6) make available for audit for any fiscal mentation that have been made by the local tial amendments to the management plan year in which it receives Federal funds under coordinating entity or any government, or- shall be reviewed by the Secretary and ap- this subtitle, all information pertaining to ganization, or individual for the first 5 years proved in the same manner as provided for the expenditure of such funds and any of implementation; the original management plan. The local co- matching funds, and require in all agree- (8) include an analysis and recommenda- ordinating entity shall not use Federal funds ments authorizing expenditures of Federal tions for ways in which local, State, and authorized by this subtitle to implement any funds by other organizations, that the re- Federal programs, including the role of the amendments until the Secretary has ap- ceiving organizations make available for National Park Service in the Heritage Area, proved the amendments. such audit all records and other information may best be coordinated to further the pur- SEC. 278. DUTIES OF OTHER FEDERAL AGENCIES. pertaining to the expenditure of such funds; poses of this subtitle; and Any Federal agency conducting or sup- and (9) include an interpretive plan for the Her- porting activities directly affecting the Her- (7) encourage by appropriate means eco- itage Area. itage Area shall— nomic viability that is consistent with the (b) DEADLINE AND TERMINATION OF FUND- (1) consult with the Secretary and the purposes of the Heritage Area. ING.— local coordinating entity with respect to (b) AUTHORITIES.—The local coordinating (1) DEADLINE.—Not later than 3 years after such activities; entity may, for the purposes of preparing funds are made available to carry out this (2) cooperate with the Secretary and the and implementing the management plan for subtitle, the local coordinating entity shall local coordinating entity in carrying out the the Heritage Area, use Federal funds made submit the management plan to the Sec- duties of the Federal agency under this sub- available through this subtitle to— retary for approval. title and, to the maximum extent prac- (1) make grants to the State of Con- (2) TERMINATION OF FUNDING.—If the man- ticable, coordinate such activities with the necticut and the Commonwealth of Massa- agement plan is not submitted to the Sec- carrying out of such duties; and,

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(3) to the maximum extent practicable, and Corridors of Commerce’, that is of out- (b) LOCAL COORDINATING ENTITY.— conduct or support such activities in a man- standing importance in U.S. history’’; and (1) DUTIES.— ner that the local coordinating entity deter- (12) it is in the interest of the United (A) IN GENERAL.—The local coordinating mines will not have an adverse effect on the States to preserve and interpret the histor- entity shall implement the subtitle. Heritage Area. ical and cultural resources of the Champlain (B) MANAGEMENT PLAN.— SEC. 279. AUTHORIZATION OF APPROPRIATIONS. Valley for the education and benefit of (i) IN GENERAL.—The local coordinating en- (a) IN GENERAL.—There is authorized to be present and future generations. tity shall develop a management plan for the appropriated to carry out this subtitle (b) PURPOSES.—The purposes of this sub- Heritage Partnership. $10,000,000, to remain available until ex- title are— (ii) EXISTING PLAN.—Pending the comple- pended, of which not more than $1,000,000 (1) to establish the Champlain Valley Na- tion and approval of the management plan, may be authorized to be appropriated for any tional Heritage Partnership in the States of the local coordinating entity may imple- fiscal year. Vermont and New York to recognize the im- ment the provisions of this subtitle based on (b) FEDERAL SHARE.—The Federal share of portance of the historical, cultural, and rec- its federally authorized plan ‘‘Opportunities the total cost of any activity assisted under reational resources of the Champlain Valley for Action, an Evolving Plan For Lake this subtitle shall not be more than 50 per- region to the United States; Champlain’’. cent. (2) to assist the State of Vermont and New (iii) CONTENTS.—The management plan York, including units of local government shall include— SEC. 280. TERMINATION OF AUTHORITY. and nongovernmental organizations in the (I) recommendations for funding, man- The authority of the Secretary to provide States, in preserving, protecting, and inter- aging, and developing the Heritage Partner- assistance under this subtitle terminates on preting those resources for the benefit of the ship; the date that is 15 years after the date of en- people of the United States; (II) a description of activities to be carried actment of this Act. (3) to encourage— out by public and private organizations to Subtitle G—Champlain Valley National (A) partnerships among State and local protect the resources of the Heritage Part- Heritage Partnership governments and nongovernmental organiza- nership; SEC. 281. SHORT TITLE. tions in the United States; and (III) a list of specific, potential sources of This subtitle may be cited as the ‘‘Cham- (B) collaboration with Canada and the funding for the protection, management, and plain Valley National Heritage Partnership Province of Quebec to— development of the Heritage Partnership; Act of 2005’’. (i) interpret and promote the history of the (IV) an assessment of the organizational capacity of the local coordinating entity to SEC. 282. FINDINGS AND PURPOSES. waterways of the Champlain Valley region; (ii) form stronger bonds between the achieve the goals for implementation; and (a) FINDINGS.—Congress finds that— (V) recommendations of ways in which to (1) the Champlain Valley and its extensive United States and Canada; and (iii) promote the international aspects of encourage collaboration with Canada and the cultural and natural resources have played a Province of Quebec in implementing this significant role in the history of the United the Champlain Valley region; and (4) to provide financial and technical as- title. States and the individual States of Vermont (iv) CONSIDERATIONS.—In developing the and New York; sistance for the purposes described in paragraphs (1) through (3). management plan under clause (i), the local (2) archaeological evidence indicates that coordinating entity shall take into consider- the Champlain Valley has been inhabited by SEC. 283. DEFINITIONS. ation existing Federal, State, and local plans humans since the last retreat of the glaciers, In this subtitle: relating to the region. (1) HERITAGE PARTNERSHIP.—The term with the Native Americans living in the area (v) SUBMISSION TO SECRETARY FOR AP- ‘‘Heritage Partnership’’ means the Cham- at the time of European discovery being pri- PROVAL.— plain Valley National Heritage Partnership marily of Iroquois and Algonquin descent; (I) IN GENERAL.—Not later than 3 years (3) the linked waterways of the Champlain established by section 284(a). after the date on which funds are made avail- Valley, including the Richelieu River in Can- (2) LOCAL COORDINATING ENTITY.—The term able to carry out this subtitle, the local co- ada, played a unique and significant role in ‘‘local coordinating entity’’ means the Lake ordinating entity shall submit the manage- the establishment and development of the Champlain Basin Program. ment plan to the Secretary for approval. United States and Canada through several (3) MANAGEMENT PLAN.—The term ‘‘man- (II) EFFECT OF FAILURE TO SUBMIT.—If a distinct eras, including— agement plan’’ means the management plan management plan is not submitted to the (A) the era of European exploration, during developed under section 284(b)(B)(i). Secretary by the date specified in subclause which Samuel de Champlain and other ex- (4) REGION.— (I), the Secretary shall not provide any addi- plorers used the waterways as a means of ac- (A) IN GENERAL.—The term ‘‘region’’ means tional funding under this subtitle until a cess through the wilderness; any area or community in 1 of the States in management plan for the Heritage Partner- (B) the era of military campaigns, includ- which a physical, cultural, or historical re- ship is submitted to the Secretary. ing highly significant military campaigns of source that represents the theme is located. (vi) APPROVAL.—Not later than 90 days the French and Indian War, the American (B) INCLUSIONS.—The term ‘‘region’’ in- after receiving the management plan sub- Revolution, and the War of 1812; and cludes mitted under clause (v)(I), the Secretary, in (C) the era of maritime commerce, during (i) the linked navigable waterways of— consultation with the States, shall approve which canals boats, schooners, and steam- (I) Lake Champlain; or disapprove the management plan. ships formed the backbone of commercial (II) Lake George; (vii) ACTION FOLLOWING DISAPPROVAL.— transportation for the region; (III) the Champlain Canal; and (I) GENERAL.—If the Secretary disapproves (4) those unique and significant eras are (IV) the portion of the Upper Hudson River a management plan under clause (vi), the best described by the theme ‘‘The Making of extending south to Saratoga; Secretary shall— Nations and Corridors of Commerce’’; (ii) portions of Grand Isle, Franklin, (aa) advise the local coordinating entity in (5) the artifacts and structures associated Chittenden, Addison, Rutland, and writing of the reasons for the disapproval; with those eras are unusually well-preserved; Bennington Counties in the State of (bb) make recommendations for revisions (6) the Champlain Valley is recognized as Vermont; and to the management plan; and having one of the richest collections of his- (iii) portions of Clinton, Essex, Warren, (cc) allow the local coordinating entity to torical resources in North America; Saratoga and Washington Counties in the submit to the Secretary revisions to the (7) the history and cultural heritage of the State of New York. management plan. Champlain Valley are shared with Canada (5) SECRETARY.—The term ‘‘Secretary’’ (II) DEADLINE FOR APPROVAL OF REVISION.— and the Province of Quebec; means the Secretary of the Interior. Not later than 90 days after the date on (8) there are benefits in celebrating and (6) STATE.—the term ‘‘State’’ means— which a revision is submitted under sub- promoting this mutual heritage; (A) the State of Vermont; and clause (I)(cc), the Secretary shall approve or (9) tourism is among the most important (B) the State of New York. disapprove the revision. industries in the Champlain Valley, and her- (7) THEME.—The term ‘‘theme’’ means the (viii) AMENDMENT.— itage tourism in particular plays a signifi- theme ‘‘The Making of Nations and Corridors (I) IN GENERAL.—After approval by the Sec- cant role in the economy of the Champlain of Commerce’’, as the term is used in the 1999 retary of the management plan, the local co- Valley; report of the National Park Service entitled ordinating entity shall periodically— (10) it is important to enhance heritage ‘‘Champlain Valley Heritage Corridor (aa) review the management plan; and tourism in the Champlain Valley while en- Project’’, that describes the periods of inter- (bb) submit to the Secretary, for review suring that increased visitation will not im- national conflict and maritime commerce and approval by the Secretary, the rec- pair the historical and cultural resources of during which the region played a unique and ommendations of the local coordinating en- the region; significant role in the development of the tity for any amendments to the management (11) according to the 1999 report of the Na- United States and Canada. plan that the local coordinating entity con- tional Park Service entitled ‘‘Champlain SEC. 284. HERITAGE PARTNERSHIP. siders to be appropriate. Valley Heritage Corridor Project’’, ‘‘the (a) ESTABLISHMENT.—There is established (II) EXPENDITURE OF FUNDS.—No funds Champlain Valley contains resources and in the region the Champlain Valley National made available under this title shall be used represents a theme ‘The Making of Nations Heritage Partnership. to implement any amendment proposed by

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.068 S26JYPT1 S9000 CONGRESSIONAL RECORD — SENATE July 26, 2005 the local coordinating entity under sub- (B) an influx of people of Greek, Chinese, that promotes multiple uses permitted as of clause (I)(bb) until the Secretary approves Basque, Serb, Croat, Italian, and Hispanic the date of enactment of this Act, without the amendments. descent; and managing or regulating land use. (2) PARTNERSHIPS.— (C) a Native American presence (Western SEC. 291B. DEFINITIONS. (A) IN GENERAL.—In carrying out this sub- Shoshone, Northern and Southern Paiute, In this subtitle: title, the local coordinating entity may and Goshute) that continues in the Great (1) GREAT BASIN.—The term ‘‘Great Basin’’ enter into partnerships with— Basin today; means the North American Great Basin. (i) the States, including units of local gov- (5) the Great Basin housed internment (2) HERITAGE ROUTE.—The term ‘‘Heritage ernments in the States; camps for Japanese-American citizens dur- Route’’ means the Great Basin National Her- (ii) nongovernmental organizations; ing World War II, 1 of which, Topaz, was lo- itage Route established by section 291C(a). (iii) Indian tribes; and cated along the Heritage Route; (3) LOCAL COORDINATING ENTITY.—The term (iv) other persons in the Heritage Partner- (6) the pioneer heritage of the Heritage ‘‘local coordinating entity’’ means the Great ship. Route includes the Pony Express route and Basin Heritage Route Partnership estab- (B) GRANTS.—Subject to the availability of stations, the Overland Stage, and many ex- lished by section 291C(c). funds, the local coordinating entity may pro- amples of 19th century exploration of the (4) MANAGEMENT PLAN.—The term ‘‘man- vide grants to partners under subparagraph western United States; agement plan’’ means the plan developed by (A) to assist in implementing this subtitle. (7) the Native American heritage of the the local coordinating entity under section (3) PROHIBITION ON THE ACQUISITION OF REAL Heritage Route dates back thousands of 291E(a). years and includes— PROPERTY.—The local coordinating entity (5) SECRETARY.—The term ‘‘Secretary’’ shall not use Federal funds made available (A) archaeological sites; means the Secretary of the Interior, acting under this subtitle to acquire real property (B) petroglyphs and pictographs; through the Director of the National Park or any interest in real property. (C) the westernmost village of the Fremont Service. (c) ASSISTANCE FROM SECRETARY.—To culture; and (D) communities of Western Shoshone, SEC. 291C. GREAT BASIN NATIONAL HERITAGE carry out the purposes of this subtitle, the ROUTE. Paiute, and Goshute tribes; Secretary may provide technical and finan- (a) ESTABLISHMENT.—There is established (8) the Heritage Route contains multiple cial assistance to the local coordinating en- the Great Basin National Heritage Route to biologically diverse ecological communities tity. provide the public with access to certain his- that are home to exceptional species such SEC. 285. EFFECT. as— torical, cultural, natural, scenic, and rec- Nothing in this subtitle— (A) bristlecone pines, the oldest living reational resources in White Pine County, (1) grants powers of zoning or land use to trees in the world; Nevada, Millard County, Utah, and the the local coordinating entity; (B) wildlife adapted to harsh desert condi- Duckwater Shoshone Reservation in the (2) modifies, enlarges, or diminishes the tions; State of Nevada, as designated by the local authority of the Federal Government or a (C) unique plant communities, lakes, and coordinating entity. State or local government to manage or reg- streams; and (b) BOUNDARIES.—The local coordinating ulate any use of land under any law (includ- (D) native Bonneville cutthroat trout; entity shall determine the specific bound- ing regulations); or (9) the air and water quality of the Herit- aries of the Heritage Route. (3) obstructs or limits private business de- age Route is among the best in the United (c) LOCAL COORDINATING ENTITY.— velopment activities or resource develop- States, and the clear air permits outstanding (1) IN GENERAL.—The Great Basin Heritage ment activities. viewing of the night skies; Route Partnership shall serve as the local SEC. 286. AUTHORIZATION OF APPROPRIATIONS. (10) the Heritage Route includes unique coordinating entity for the Heritage Route. (a) IN GENERAL.—There is authorized to be and outstanding geologic features such as (2) BOARD OF DIRECTORS.—The Great Basin appropriated to carry out this title not more numerous limestone caves, classic basin and Heritage Route Partnership shall be gov- than a total of $10,000,000, to remain avail- range topography with playa lakes, alluvial erned by a board of directors that consists able until expended, of which not more than fans, volcanics, cold and hot springs, and rec- of— $1,000,000 may be authorized to be appro- ognizable features of ancient Lake Bonne- (A) 4 members who are appointed by the priated for any fiscal year. ville; Board of County Commissioners for Millard (b) NON-FEDERAL SHARE.—The Federal (11) the Heritage Route includes an un- County, Utah; share of the total cost of any activity as- usual variety of open space and recreational (B) 4 members who are appointed by the sisted under this subtitle shall not be more and educational opportunities because of the Board of County Commissioners for White than 50 percent. great quantity of ranching activity and pub- Pine County, Nevada; and SEC. 287. TERMINATION OF AUTHORITY. lic land (including city, county, and State (C) a representative appointed by each Na- The authority of the Secretary to provide parks, national forests, Bureau of Land Man- tive American Tribe participating in the assistance under this subtitle terminates on agement land, and a national park); Heritage Route. the date that is 15 years after the date of en- (12) there are significant archaeological, SEC. 291D. MEMORANDUM OF UNDERSTANDING. actment of this Act. historical, cultural, natural, scenic, and rec- (a) IN GENERAL.—In carrying out this subtitle, the Secretary, in consultation with the Subtitle H—Great Basin National Heritage reational resources in the Great Basin to Governors of the States of Nevada and Utah Route merit the involvement of the Federal Gov- ernment in the development, in cooperation and the tribal government of each Indian SEC. 291. SHORT TITLE. with the Great Basin Heritage Route Part- tribe participating in the Heritage Route, This subtitle may be cited as the ‘‘Great nership and other local and governmental shall enter into a memorandum of under- Basin National Heritage Route Act’’. entities, of programs and projects to— standing with the local coordinating entity. SEC. 291A. FINDINGS AND PURPOSES. (A) adequately conserve, protect, and in- (b) INCLUSIONS.—The memorandum of un- (a) FINDINGS.—Congress finds that— terpret the heritage of the Great Basin for derstanding shall include information relat- (1) the natural, cultural, and historic herit- present and future generations; and ing to the objectives and management of the age of the North American Great Basin is na- (B) provide opportunities in the Great Heritage Route, including— tionally significant; Basin for education; and (1) a description of the resources of the (2) communities along the Great Basin (13) the Great Basin Heritage Route Part- Heritage Route; Heritage Route (including the towns of nership shall serve as the local coordinating (2) a discussion of the goals and objectives Delta, Utah, Ely, Nevada, and the sur- entity for a Heritage Route established in of the Heritage Route, including— rounding communities) are located in a clas- the Great Basin. (A) an explanation of the proposed ap- sic western landscape that contains long nat- (b) PURPOSES.—The purposes of this sub- proach to conservation, development, and in- ural vistas, isolated high desert valleys, title are— terpretation; and mountain ranges, ranches, mines, historic (1) to foster a close working relationship (B) a general outline of the anticipated railroads, archaeological sites, and tribal with all levels of government, the private protection and development measures; communities; sector, and the local communities within (3) a description of the local coordinating (3) the Native American, pioneer, ranching, White Pine County, Nevada, Millard County, entity; mining, timber, and railroad heritages asso- Utah, and the Duckwater Shoshone Reserva- (4) a list and statement of the financial ciated with the Great Basin Heritage Route tion; commitment of the initial partners to be in- include the social history and living cultural (2) to enable communities referred to in volved in developing and implementing the traditions of a rich diversity of nationalities; paragraph (1) to conserve their heritage management plan; and (4) the pioneer, Mormon, and other reli- while continuing to develop economic oppor- (5) a description of the role of the States of gious settlements, and ranching, timber, and tunities; and Nevada and Utah in the management of the mining activities of the region played and (3) to conserve, interpret, and develop the Heritage Route. continue to play a significant role in the de- archaeological, historical, cultural, natural, (c) ADDITIONAL REQUIREMENTS.—In devel- velopment of the United States, shaped by— scenic, and recreational resources related to oping the terms of the memorandum of un- (A) the unique geography of the Great the unique ranching, industrial, and cultural derstanding, the Secretary and the local co- Basin; heritage of the Great Basin, in a manner ordinating entity shall—

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.069 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9001 (1) provide opportunities for local partici- (B) is consistent with and complements in the cost estimates for implementation) to pation; and continued economic activity along the Herit- the management plan to the Secretary for (2) include terms that ensure, to the max- age Route; approval by the Secretary; and imum extent practicable, timely implemen- (C) has a high potential for effective part- (5) for any year for which Federal funds are tation of all aspects of the memorandum of nership mechanisms; received under this subtitle— understanding. (D) avoids infringing on private property (A) submit to the Secretary a report that (d) AMENDMENTS.— rights; and describes, for the year— (1) IN GENERAL.—The Secretary shall re- (E) provides methods to take appropriate (i) the accomplishments of the local co- view any amendments of the memorandum action to ensure that private property rights ordinating entity; of understanding proposed by the local co- are observed. (ii) the expenses and income of the local ordinating entity or the Governor of the (3) ACTION FOLLOWING DISAPPROVAL.—If the coordinating entity; and State of Nevada or Utah. Secretary disapproves a management plan (iii) each entity to which any loan or grant (2) USE OF FUNDS.—Funds made available under paragraph (1), the Secretary shall— was made; under this subtitle shall not be expended to (A) advise the local coordinating entity in (B) make available for audit all records implement a change made by a proposed writing of the reasons for the disapproval; pertaining to the expenditure of the funds amendment described in paragraph (1) until (B) make recommendations for revisions to and any matching funds; and the Secretary approves the amendment. the management plan; and (C) require, for all agreements authorizing (C) not later than 90 days after the receipt the expenditure of Federal funds by any enti- SEC. 291E. MANAGEMENT PLAN. of any proposed revision of the management ty, that the receiving entity make available (a) IN GENERAL.—Not later than 3 years plan from the local coordinating entity, ap- for audit all records pertaining to the ex- after the date on which funds are made avail- prove or disapprove the proposed revision. penditure of the funds. able to carry out this subtitle, the local co- (e) IMPLEMENTATION.—On approval of the (c) PROHIBITION ON THE ACQUISITION OF ordinating entity shall develop and submit management plan as provided in subsection REAL PROPERTY.—The local coordinating en- to the Secretary for approval a management (d)(1), the local coordinating entity, in con- tity shall not use Federal funds made avail- plan for the Heritage Route that— junction with the Secretary, shall take ap- able under this subtitle to acquire real prop- (1) specifies— propriate steps to implement the manage- erty or any interest in real property. (A) any resources designated by the local ment plan. (d) PROHIBITION ON THE REGULATION OF coordinating entity under section 291C(a); (f) AMENDMENTS.— LAND USE.—The local coordinating entity and (1) IN GENERAL.—The Secretary shall re- shall not regulate land use within the Herit- (B) the specific boundaries of the Heritage view each amendment to the management age Route. Route, as determined under section 291C(b); plan that the Secretary determines may SEC. 291G. DUTIES AND AUTHORITIES OF FED- and make a substantial change to the manage- ERAL AGENCIES. (2) presents clear and comprehensive rec- ment plan. (a) TECHNICAL AND FINANCIAL ASSIST- ommendations for the conservation, funding, (2) USE OF FUNDS.—Funds made available ANCE.— management, and development of the Herit- under this subtitle shall not be expended to (1) IN GENERAL.—The Secretary may, on re- age Route. implement an amendment described in para- quest of the local coordinating entity, pro- graph (1) until the Secretary approves the (b) CONSIDERATIONS.—In developing the vide technical and financial assistance to de- management plan, the local coordinating en- amendment. velop and implement the management plan tity shall— SEC. 291F. AUTHORITY AND DUTIES OF LOCAL and memorandum of understanding. (1) provide for the participation of local COORDINATING ENTITY. (2) PRIORITY FOR ASSISTANCE.—In providing (a) AUTHORITIES.—The local coordinating residents, public agencies, and private orga- assistance under paragraph (1), the Secretary entity may, for purposes of preparing and nizations located within the counties of Mil- shall, on request of the local coordinating implementing the management plan, use lard County, Utah, White Pine County, Ne- entity, give priority to actions that assist funds made available under this subtitle to— vada, and the Duckwater Shoshone Reserva- in— (1) make grants to, and enter into cooperation in the protection and development of re- (A) conserving the significant archae- tive agreements with, a State (including a sources of the Heritage Route, taking into ological, historical, cultural, natural, scenic, political subdivision), an Indian tribe, a pri- consideration State, tribal, county, and local and recreational resources of the Heritage vate organization, or any person; and land use plans in existence on the date of en- Route; and (2) hire and compensate staff. actment of this Act; (B) providing education, interpretive, and (b) DUTIES.—In addition to developing the (2) identify sources of funding; recreational opportunities, and other uses management plan, the local coordinating en- consistent with those resources. (3) include— tity shall— (A) a program for implementation of the (b) APPLICATION OF FEDERAL LAW.—The es- (1) give priority to implementing the tablishment of the Heritage Route shall have management plan by the local coordinating memorandum of understanding and the man- entity, including— no effect on the application of any Federal agement plan, including taking steps to— law to any property within the Heritage (i) plans for restoration, stabilization, re- (A) assist units of government, regional Route. habilitation, and construction of public or planning organizations, and nonprofit orga- tribal property; and SEC. 291H. LAND USE REGULATION; APPLICA- nizations in— BILITY OF FEDERAL LAW. (ii) specific commitments by the identified (i) establishing and maintaining interpre- (a) LAND USE REGULATION.—Nothing in this partners referred to in section 291D(b)(4) for tive exhibits along the Heritage Route; subtitle— the first 5 years of operation; and (ii) developing recreational resources along (1) modifies, enlarges, or diminishes any (B) an interpretation plan for the Heritage the Heritage Route; authority of the Federal, State, tribal, or Route; and (iii) increasing public awareness of and ap- local government to regulate by law (includ- (4) develop a management plan that will preciation for the archaeological, historical, ing by regulation) any use of land; or not infringe on private property rights with- cultural, natural, scenic, and recreational re- (2) grants any power of zoning or land use out the consent of the owner of the private sources and sites along the Heritage Route; to the local coordinating entity. property. and (b) APPLICABILITY OF FEDERAL LAW.—Noth- (c) FAILURE TO SUBMIT.—If the local coordi- (iv) if requested by the owner, restoring, ing in this subtitle— nating entity fails to submit a management stabilizing, or rehabilitating any private, (1) imposes on the Heritage Route, as a re- plan to the Secretary in accordance with public, or tribal historical building relating sult of the designation of the Heritage subsection (a), the Heritage Route shall no to the themes of the Heritage Route; Route, any regulation that is not applicable longer qualify for Federal funding. (B) encourage economic viability and di- to the area within the Heritage Route as of (d) APPROVAL AND DISAPPROVAL OF MAN- versity along the Heritage Route in accord- the date of enactment of this Act; or AGEMENT PLAN.— ance with the objectives of the management (2) authorizes any agency to promulgate a (1) IN GENERAL.—Not later than 90 days plan; and regulation that applies to the Heritage after receipt of a management plan under (C) encourage the installation of clear, Route solely as a result of the designation of subsection (a), the Secretary, in consultation consistent, and environmentally appropriate the Heritage Route under this subtitle. with the Governors of the States of Nevada signage identifying access points and sites of SEC. 291I. AUTHORIZATION OF APPROPRIATIONS. and Utah, shall approve or disapprove the interest along the Heritage Route; (a) IN GENERAL.—There is authorized to be management plan. (2) consider the interests of diverse govern- appropriated to carry out this subtitle (2) CRITERIA.—In determining whether to mental, business, and nonprofit groups asso- $10,000,000, of which not more than $1,000,000 approve a management plan, the Secretary ciated with the Heritage Route; may be made available for any fiscal year. shall consider whether the management (3) conduct public meetings in the region of (b) COST SHARING.— plan— the Heritage Route at least semiannually re- (1) FEDERAL SHARE.—The Federal share of (A) has strong local support from a diver- garding the implementation of the manage- the cost of any activity assisted under this sity of landowners, business interests, non- ment plan; subtitle shall not exceed 50 percent. profit organizations, and governments asso- (4) submit substantial amendments (in- (2) FORM OF NON-FEDERAL SHARE.—The non- ciated with the Heritage Route; cluding any increase of more than 20 percent Federal share may be in the form of in-kind

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.069 S26JYPT1 S9002 CONGRESSIONAL RECORD — SENATE July 26, 2005 contributions, donations, grants, and loans (1) Four individuals nominated by the and other information pertaining to the ex- from individuals and State or local govern- State Historic Preservation Officer of South penditure of such funds; and ments or agencies. Carolina and two individuals each nominated (7) encourage by appropriate means eco- SEC. 291J. TERMINATION OF AUTHORITY. by the State Historic Preservation Officer of nomic viability that is consistent with the The authority of the Secretary to provide each of Georgia, North Carolina, and Florida purposes of the Heritage Corridor. assistance under this subtitle terminates on and appointed by the Secretary. (b) AUTHORITIES.—The local coordinating the date that is 15 years after the date of en- (2) Two individuals from South Carolina entity may, for the purposes of preparing actment of this Act. and one individual from each of Georgia, and implementing the management plan, use Subtitle I—Gullah/Geechee Heritage Corridor North Carolina, and Florida who are recog- funds made available under this subtitle to— SEC. 295. SHORT TITLE. nized experts in historic preservation, an- (1) make grants to, and enter into coopera- This subtitle may be cited as the ‘‘Gullah/ thropology, and folklore, appointed by the tive agreements with, the States of South Geechee Cultural Heritage Act’’. Secretary. Carolina, North Carolina, Florida, and Geor- (c) TERMS.—Members of the local coordi- gia, political subdivisions of those States, a SEC. 295A. PURPOSES. nating entity shall be appointed to terms not The purposes of this subtitle are to— nonprofit organization, or any person; to exceed 3 years. The Secretary may stagger (1) recognize the important contributions (2) hire and compensate staff; the terms of the initial appointments to the (3) obtain funds from any source including made to American culture and history by Af- local coordinating entity in order to assure any that are provided under any other Fed- rican Americans known as the Gullah/ continuity of operation. Any member of the eral law or program; and Geechee who settled in the coastal counties local coordinating entity may serve after the (4) contract for goods and services. of South Carolina, Georgia, North Carolina, expiration of their term until a successor is and Florida; appointed. A vacancy shall be filled in the SEC. 295F. MANAGEMENT PLAN. (2) assist State and local governments and same manner in which the original appoint- (a) IN GENERAL.—The management plan for public and private entities in South Caro- ment was made. lina, Georgia, North Carolina, and Florida in the Heritage Corridor shall— (d) TERMINATION.—The local coordinating (1) include comprehensive policies, strate- interpreting the story of the Gullah/Geechee entity shall terminate 10 years after the date and preserving Gullah/Geechee folklore, arts, gies, and recommendations for conservation, of enactment of this Act. funding, management, and development of crafts, and music; and SEC. 295E. OPERATION OF THE LOCAL COORDI- (3) assist in identifying and preserving the Heritage Corridor; NATING ENTITY. (2) take into consideration existing State, sites, historical data, artifacts, and objects (a) DUTIES OF THE LOCAL COORDINATING EN- county, and local plans in the development associated with the Gullah/Geechee for the TITY.—To further the purposes of the Herit- of the management plan and its implementa- benefit and education of the public. age Corridor, the local coordinating entity tion; SEC. 295B. DEFINITIONS. shall— (3) include a description of actions that In this subtitle: (1) prepare and submit a management plan governments, private organizations, and in- (1) LOCAL COORDINATING ENTITY.—The term to the Secretary in accordance with section dividuals have agreed to take to protect the ‘‘local coordinating entity’’ means the 295F; historical, cultural, and natural resources of Gullah/Geechee Cultural Heritage Corridor (2) assist units of local government and the Heritage Corridor; Commission established by section 295D(a). other persons in implementing the approved (4) specify the existing and potential (2) HERITAGE CORRIDOR.—The term ‘‘Herit- management plan by— sources of funding to protect, manage, and age Corridor’’ means the Gullah/Geechee (A) carrying out programs and projects develop the Heritage Corridor in the first 5 Cultural Heritage Corridor established by that recognize, protect, and enhance impor- years of implementation; section 295C(a). tant resource values within the Heritage (5) include an inventory of the historical, (3) SECRETARY.—The term ‘‘Secretary’’ Corridor; cultural, natural, resources of the Heritage means the Secretary of the Interior. (B) establishing and maintaining interpre- Corridor related to the themes of the Herit- SEC. 295C. GULLAH/GEECHEE CULTURAL HERIT- tive exhibits and programs within the Herit- age Corridor that should be preserved, re- AGE CORRIDOR. age Corridor; stored, managed, developed, or maintained; (a) ESTABLISHMENT.—There is established (C) developing recreational and edu- (6) recommend policies and strategies for the Gullah/Geechee Cultural Heritage Cor- cational opportunities in the Heritage Cor- resource management that consider and de- ridor. ridor; (b) BOUNDARIES.— tail the application of appropriate land and (D) increasing public awareness of and ap- (1) IN GENERAL.—The Heritage Corridor water management techniques, including the preciation for the historical, cultural, nat- shall be comprised of those lands and waters development of intergovernmental and inter- ural, and scenic resources of the Heritage generally depicted on a map entitled agency cooperative agreements to protect Corridor; ‘‘Gullah/Geechee Cultural Heritage Cor- the Heritage Corridor’s historical, cultural, (E) protecting and restoring historic sites ridor’’ numbered GGCHC 80,000 and dated and natural resources; and buildings in the Heritage Corridor that September 2004. The map shall be on file and (7) describe a program for implementation are consistent with Heritage Corridor available for public inspection in the appro- of the management plan including plans for themes; priate offices of the National Park Service resources protection, restoration, construc- (F) ensuring that clear, consistent, and ap- and in an appropriate State office in each of tion, and specific commitments for imple- propriate signs identifying points of public the States included in the Heritage Corridor. mentation that have been made by the local access and sites of interest are posted The Secretary shall publish in the Federal coordinating entity or any government, or- throughout the Heritage Corridor; and Register, as soon as practicable after the ganization, or individual for the first 5 years (G) promoting a wide range of partnerships date of enactment of this Act, a detailed de- of implementation; among governments, organizations, and indi- scription and map of the boundaries estab- (8) include an analysis and recommenda- viduals to further the purposes of the Herit- lished under this subsection. tions for the ways in which Federal, State, age Corridor; (2) REVISIONS.—The boundaries of the Her- or local programs may best be coordinated to (3) consider the interests of diverse units of itage Corridor may be revised if the revision further the purposes of this subtitle; and government, business, organizations, and in- is— (9) include an interpretive plan for the Her- dividuals in the Heritage Corridor in the (A) proposed in the management plan de- itage Corridor. preparation and implementation of the man- veloped for the Heritage Corridor; agement plan; (b) SUBMITTAL OF MANAGEMENT PLAN.—The (B) approved by the Secretary in accord- (4) conduct meetings open to the public at local coordinating entity shall submit the ance with this subtitle; and least quarterly regarding the development management plan to the Secretary for ap- (C) placed on file in accordance with para- and implementation of the management proval not later than 3 years after funds are graph (1). plan; made available for this subtitle. (c) ADMINISTRATION.—The Heritage Cor- (5) submit an annual report to the Sec- (c) FAILURE TO SUBMIT.—If the local coordi- ridor shall be administered in accordance nating entity fails to submit the manage- with the provisions of this subtitle. retary for any fiscal year in which the local coordinating entity receives Federal funds ment plan to the Secretary in accordance SEC. 295D. GULLAH/GEECHEE CULTURAL HERIT- with subsection (b), the Heritage Corridor AGE CORRIDOR COMMISSION. under this subtitle, setting forth its accom- shall not qualify for Federal funding until (a) ESTABLISHMENT.—There is hereby es- plishments, expenses, and income, including the management plan is submitted. tablished a local coordinating entity to be grants made to any other entities during the known as the ‘‘Gullah/Geechee Cultural Her- year for which the report is made; (d) APPROVAL OR DISAPPROVAL OF MANAGE- itage Corridor Commission’’ whose purpose (6) make available for audit for any fiscal MENT PLAN.— shall be to assist Federal, State, and local year in which it receives Federal funds under (1) IN GENERAL.—The Secretary shall ap- authorities in the development and imple- this subtitle, all information pertaining to prove or disapprove the management plan mentation of a management plan for those the expenditure of such funds and any not later than 90 days after receiving the land and waters specified in section 295C(b). matching funds, and require all agreements management plan. (b) MEMBERSHIP.—The local coordinating authorizing expenditures of Federal funds by (2) CRITERIA.—In determining whether to entity shall be composed of 15 members ap- other organizations, that the receiving orga- approve the management plan, the Secretary pointed by the Secretary as follows: nization make available for audit all records shall consider whether—

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.069 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9003 (A) the local coordinating entity has af- ner in which the local coordinating entity for which assistance is provided under this forded adequate opportunity, including pub- determines will not have an adverse effect on subtitle. lic hearings, for public and governmental in- the Heritage Corridor. SEC. 295L. TERMINATION OF AUTHORITY. volvement in the preparation of the manage- SEC. 295I. COASTAL HERITAGE CENTERS. The authority of the Secretary to provide ment plan; In furtherance of the purposes of this sub- assistance under this subtitle terminates on (B) the resource preservation and interpre- title and using the authorities made avail- the date that is 15 years after the date of en- tation strategies contained in the manage- able under this subtitle, the local coordi- actment of this Act. ment plan would adequately protect the cul- nating entity shall establish one or more Subtitle J—Crossroads of the American tural and historic resources of the Heritage Coastal Heritage Centers at appropriate lo- Revolution National Heritage Area Corridor; and cations within the Heritage Corridor in ac- SEC. 297. SHORT TITLE. (C) the Secretary has received adequate as- cordance with the preferred alternative iden- This subtitle may be cited as the ‘‘Cross- surances from appropriate State and local tified in the Record of Decision for the Low roads of the American Revolution National officials whose support is needed to ensure Country Gullah Culture Special Resource Heritage Area Act of 2005’’. the effective implementation of the State Study and Environmental Impact Study, De- SEC. 297A. FINDINGS AND PURPOSES. and local aspects of the plan. cember 2003, and additional appropriate (a) FINDINGS.—Congress finds that— (3) ACTION FOLLOWING DISAPPROVAL.—If the sites. (1) the State of New Jersey was critically Secretary disapproves the management plan, SEC. 295J. PRIVATE PROPERTY PROTECTION. important during the American Revolution the Secretary shall advise the local coordi- (a) ACCESS TO PRIVATE PROPERTY.—Noth- because of the strategic location of the State nating entity in writing of the reasons there- ing in this subtitle shall be construed to re- between the British armies headquartered in fore and shall make recommendations for require any private property owner to permit New York City, New York, and the Conti- visions to the management plan. The Sec- public access (including Federal, State, or nental Congress in the city of Philadelphia, retary shall approve or disapprove a pro- local government access) to such private Pennsylvania; posed revision not later than 60 days after property. Nothing in this subtitle shall be (2) General George Washington spent al- the date it is submitted. construed to modify any provision of Fed- most half of the period of the American Rev- (4) APPROVAL OF AMENDMENTS.—Substan- eral, State, or local law with regard to public olution personally commanding troops of the tial amendments to the management plan access to or use of private lands. Continental Army in the State of New Jer- shall be reviewed and approved by the Sec- (b) LIABILITY.—Designation of the Heritage sey, including 2 severe winters spent in en- retary in the same manner as provided in the Corridor shall not be considered to create campments in the area that is now Morris- original management plan. The local coordi- any liability, or to have any effect on any li- town National Historical Park, a unit of the nating entity shall not use Federal funds au- ability under any other law, of any private National Park System; thorized by this subtitle to implement any property owner with respect to any persons (3) it was during the 10 crucial days of the amendments until the Secretary has ap- injured on such private property. American Revolution between December 25, proved the amendments. (c) RECOGNITION OF AUTHORITY TO CONTROL 1776, and January 3, 1777, that General Wash- SEC. 295G. TECHNICAL AND FINANCIAL ASSIST- LAND USE.—Nothing in this subtitle shall be ington, after retreating across the State of ANCE. construed to modify any authority of Fed- New Jersey from the State of New York to (a) IN GENERAL.—Upon a request of the the Commonwealth of Pennsylvania in the local coordinating entity, the Secretary may eral, State, or local governments to regulate face of total defeat, recrossed the Delaware provide technical and financial assistance land use. River on the night of December 25, 1776, and for the development and implementation of (d) PARTICIPATION OF PRIVATE PROPERTY the management plan. OWNERS IN HERITAGE CORRIDOR.—Nothing in went on to win crucial battles at Trenton (b) PRIORITY FOR ASSISTANCE.—In providing this subtitle shall be construed to require and Princeton in the State of New Jersey; assistance under subsection (a), the Sec- the owner of any private property located (4) Thomas Paine, who accompanied the retary shall give priority to actions that as- within the boundaries of the Heritage Cor- troops during the retreat, described the sist in— ridor to participate in or be associated with events during those days as ‘‘the times that (1) conserving the significant cultural, his- the Heritage Corridor. try men’s souls’’; torical, and natural resources of the Herit- (e) EFFECT OF ESTABLISHMENT.—The bound- (5) the sites of 296 military engagements age Corridor; and aries designated for the Heritage Corridor are located in the State of New Jersey, in- (2) providing educational and interpretive represent the area within which Federal cluding— opportunities consistent with the purposes of funds appropriated for the purpose of this (A) several important battles of the Amer- the Heritage Corridor. subtitle shall be expended. The establish- ican Revolution that were significant to— (c) SPENDING FOR NON-FEDERAL PROP- ment of the Heritage Corridor and its bound- (i) the outcome of the American Revolu- ERTY.— aries shall not be construed to provide any tion; and (1) IN GENERAL.—The local coordinating en- nonexisting regulatory authority on land use (ii) the history of the United States; and tity may expend Federal funds made avail- within the Heritage Corridor or its viewshed (B) several national historic landmarks, able under this subtitle on nonfederally by the Secretary or the local coordinating including Washington’s Crossing, the Old owned property that is— entity. Trenton Barracks, and Princeton, Mon- (A) identified in the management plan; or (f) NOTIFICATION AND CONSENT OF PROPERTY mouth, and Red Bank Battlefields; (B) listed or eligible for listing on the Na- OWNERS REQUIRED.—No privately owned (6) additional national historic landmarks tional Register for Historic Places. property shall be preserved, conserved, or in the State of New Jersey include the homes (2) AGREEMENTS.—Any payment of Federal promoted by the management plan for the of— funds made pursuant to this subtitle shall be Heritage Corridor until the owner of that (A) Richard Stockton, Joseph Hewes, John subject to an agreement that conversion, private property has been notified in writing Witherspoon, and Francis Hopkinson, signers use, or disposal of a project so assisted for by the local coordinating entity and has of the Declaration of Independence; purposes contrary to the purposes of this given written consent for such preservation, (B) Elias Boudinout, President of the Con- subtitle, as determined by the Secretary, conservation, or promotion to the local co- tinental Congress; and shall result in a right of the United States to ordinating entity. (C) William Livingston, patriot and Gov- compensation of all funds made available to (g) LANDOWNER WITHDRAWAL.—Any owner ernor of the State of New Jersey from 1776 to that project or the proportion of the in- of private property included within the 1790; creased value of the project attributable to boundary of the Heritage Corridor shall have (7) portions of the landscapes important to such funds as determined at the time of such their property immediately removed from the strategies of the British and Continental conversion, use, or disposal, whichever is within the boundary by submitting a written armies, including waterways, mountains, greater. request to the local coordinating entity. farms, wetlands, villages, and roadways— SEC. 295H. DUTIES OF OTHER FEDERAL AGEN- SEC. 295K. AUTHORIZATION OF APPROPRIA- (A) retain the integrity of the period of the CIES. TIONS. American Revolution; and Any Federal agency conducting or sup- (a) IN GENERAL.—There is authorized to be (B) offer outstanding opportunities for con- porting activities directly affecting the Her- appropriated for the purposes of this subtitle servation, education, and recreation; itage Corridor shall— not more than $1,000,000 for any fiscal year. (8) the National Register of Historic Places (1) consult with the Secretary and the Not more than a total of $10,000,000 may be lists 251 buildings and sites in the National local coordinating entity with respect to appropriated for the Heritage Corridor under Park Service study area for the Crossroads such activities; this subtitle. of the American Revolution that are associ- (2) cooperate with the Secretary and the (b) COST SHARE.—Federal funding provided ated with the period of the American Revolu- local coordinating entity in carrying out under this subtitle may not exceed 50 per- tion; their duties under this subtitle and, to the cent of the total cost of any activity for (9) civilian populations residing in the maximum extent practicable, coordinate which assistance is provided under this sub- State of New Jersey during the American such activities with the carrying out of such title. Revolution suffered extreme hardships be- duties; and (c) IN-KIND CONTRIBUTIONS.—The Secretary cause of— (3) to the maximum extent practicable, may accept in-kind contributions as part of (A) the continuous conflict in the State; conduct or support such activities in a man- the non-Federal cost share of any activity (B) foraging armies; and

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.069 S26JYPT1 S9004 CONGRESSIONAL RECORD — SENATE July 26, 2005 (C) marauding contingents of loyalist To- boundaries of the Heritage Area, as depicted (v) recreational organizations; ries and rebel sympathizers; on the map. (B) the local coordinating entity provided (10) because of the important role that the (c) AVAILABILITY OF MAP.—The map shall adequate opportunity for public and govern- State of New Jersey played in the successful be on file and available for public inspection mental involvement in the preparation of outcome of the American Revolution, there in the appropriate offices of the National the management plan, including public hear- is a Federal interest in developing a regional Park Service. ings; framework to assist the State of New Jersey, (d) LOCAL COORDINATING ENTITY.—The (C) the resource protection and interpreta- local governments and organizations, and Crossroads of the American Revolution Asso- tion strategies in the management plan private citizens in— ciation, Inc., a nonprofit corporation in the would adequately protect the cultural, his- (A) preserving and protecting cultural, his- State, shall be the local coordinating entity toric, and natural resources of the Heritage toric, and natural resources of the period; for the Heritage Area. Area; and and SEC. 297D. MANAGEMENT PLAN. (D) the Secretary has received adequate as- (B) bringing recognition to those resources (a) IN GENERAL.—Not later than 3 years surances from the appropriate State and for the educational and recreational benefit after the date on which funds are made avail- local officials whose support is needed to en- of the present and future generations of citi- able to carry out this subtitle, the local co- sure the effective implementation of the zens of the United States; and ordinating entity shall develop and forward State and local aspects of the management (11) the National Park Service has con- to the Secretary a management plan for the plan. ducted a national heritage area feasibility Heritage Area. (3) ACTION FOLLOWING DISAPPROVAL.—If the study in the State of New Jersey that dem- (b) REQUIREMENTS.—The management plan Secretary disapproves the management plan onstrates that there is a sufficient assem- shall— under paragraph (1), the Secretary shall— blage of nationally distinctive cultural, his- (1) include comprehensive policies, strate- (A) advise the local coordinating entity in toric, and natural resources necessary to es- gies, and recommendations for conservation, writing of the reasons for the disapproval; tablish the Crossroads of the American Revo- funding, management, and development of (B) make recommendations for revisions to lution National Heritage Area. the Heritage Area; the management plan; and (b) PURPOSES.—The purposes of this sub- (2) take into consideration existing State, (C) not later than 60 days after the receipt title are— county, and local plans; of any proposed revision of the management (1) to assist communities, organizations, (3) describe actions that units of local gov- plan from the local coordinating entity, ap- and citizens in the State of New Jersey in ernment, private organizations, and individ- prove or disapprove the proposed revision. preserving— uals have agreed to take to protect the cul- (d) AMENDMENTS.— (A) the special historic identity of the tural, historic, and natural resources of the (1) IN GENERAL.—The Secretary shall ap- State; and Heritage Area; prove or disapprove each amendment to the (B) the importance of the State to the (4) identify existing and potential sources management plan that the Secretary deter- United States; of funding for the protection, management, mines may make a substantial change to the (2) to foster a close working relationship and development of the Heritage Area during management plan. among all levels of government, the private the first 5 years of implementation of the (2) USE OF FUNDS.—Funds made available sector, and local communities in the State; management plan; and under this subtitle shall not be expended by (3) to provide for the management, preser- (5) include— the local coordinating entity to implement vation, protection, and interpretation of the (A) an inventory of the cultural, edu- an amendment described in paragraph (1) cultural, historic, and natural resources of cational, historic, natural, recreational, and until the Secretary approves the amend- the State for the educational and inspira- scenic resources of the Heritage Area relat- ment. tional benefit of future generations; ing to the themes of the Heritage Area that (e) IMPLEMENTATION.—On completion of the (4) to strengthen the value of Morristown should be restored, managed, or developed; 3-year period described in subsection (a), any National Historical Park as an asset to the (B) recommendations of policies and strat- funding made available under this subtitle State by— egies for resource management that result shall be made available to the local coordi- (A) establishing a network of related his- in— nating entity only for implementation of the toric resources, protected landscapes, edu- (i) application of appropriate land and approved management plan. cational opportunities, and events depicting water management techniques; and the landscape of the State of New Jersey (ii) development of intergovernmental and SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBI- during the American Revolution; and interagency cooperative agreements to pro- TIONS APPLICABLE TO THE LOCAL COORDINATING ENTITY. (B) establishing partnerships between Mor- tect the cultural, educational, historic, nat- ristown National Historical Park and other ural, recreational, and scenic resources of (a) AUTHORITIES.—For purposes of pre- public and privately owned resources in the the Heritage Area; paring and implementing the management Heritage Area that represent the strategic (C) a program of implementation of the plan, the local coordinating entity may use fulcrum of the American Revolution; and management plan that includes for the first funds made available under this subtitle to— (5) to authorize Federal financial and tech- 5 years of implementation— (1) make grants to, provide technical as- nical assistance for the purposes described in (i) plans for resource protection, restora- sistance to, and enter into cooperative agree- paragraphs (1) through (4). tion, construction; and ments with, the State (including a political SEC. 297B. DEFINITIONS. (ii) specific commitments for implementa- subdivision), a nonprofit organization, or In this subtitle: tion that have been made by the local co- any other person; (1) HERITAGE AREA.—The term ‘‘Heritage ordinating entity or any government, orga- (2) hire and compensate staff, including in- Area’’ means the Crossroads of the American nization, or individual; dividuals with expertise in— Revolution National Heritage Area estab- (D) an analysis of and recommendations (A) cultural, historic, or natural resource lished by section 297C(a). for ways in which Federal, State, and local protection; or (2) LOCAL COORDINATING ENTITY.—The term programs, including programs of the Na- (B) heritage programming; ‘‘local coordinating entity’’ means the local tional Park Service, may be best coordinated (3) obtain funds or services from any coordinating entity for the Heritage Area to promote the purposes of this subtitle; and source (including a Federal law or program); designated by section 297C(d). (E) an interpretive plan for the Heritage (4) contract for goods or services; and (3) MANAGEMENT PLAN.—The term ‘‘man- Area. (5) support any other activity— agement plan’’ means the management plan (c) APPROVAL OR DISAPPROVAL OF MANAGE- (A) that furthers the purposes of the Herit- for the Heritage Area developed under sec- MENT PLAN.— age Area; and tion 297D. (1) IN GENERAL.—Not later than 90 days (B) that is consistent with the manage- (4) MAP.—The term ‘‘map’’ means the map after the date of receipt of the management ment plan. entitled ‘‘Crossroads of the American Revo- plan under subsection (a), the Secretary (b) DUTIES.—In addition to developing the lution National Heritage Area’’, numbered shall approve or disapprove the management management plan, the local coordinating en- CRRE/80,000, and dated April 2002. plan. tity shall— (5) SECRETARY.—The term ‘‘Secretary’’ (2) CRITERIA.—In determining whether to (1) assist units of local government, re- means the Secretary of the Interior. approve the management plan, the Secretary gional planning organizations, and nonprofit (6) STATE.—The term ‘‘State’’ means the shall consider whether— organizations in implementing the approved State of New Jersey. (A) the Board of Directors of the local co- management plan by— SEC. 297C. CROSSROADS OF THE AMERICAN REV- ordinating entity is representative of the di- (A) carrying out programs and projects OLUTION NATIONAL HERITAGE verse interests of the Heritage Area, includ- that recognize, protect, and enhance impor- AREA. ing— tant resource values in the Heritage Area; (a) ESTABLISHMENT.—There is established (i) governments; (B) establishing and maintaining interpre- in the State the Crossroads of the American (ii) natural and historic resource protective exhibits and programs in the Heritage Revolution National Heritage Area. tion organizations; Area; (b) BOUNDARIES.—The Heritage Area shall (iii) educational institutions; (C) developing recreational and edu- consist of the land and water within the (iv) businesses; and cational opportunities in the Heritage Area;

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(D) increasing public awareness of and ap- (4) PRESERVATION OF HISTORIC PROP- industrial base that began in the Western preciation for cultural, historic, and natural ERTIES.—To carry out the purposes of this Reserve still lives strong in these prosperous resources of the Heritage Area; subtitle, the Secretary may provide assist- and historical counties. (E) protecting and restoring historic sites ance to a State or local government or non- (5) The heritage of the Western Reserve re- and buildings that are— profit organization to provide for the appro- mains transfixed in the counties of Trum- (i) located in the Heritage Area; and priate treatment of— bull, Mahoning, Ashtabula, Portage, Geagua, (ii) related to the themes of the Heritage (A) historic objects; or Lake, Cuyahoga, Summit, Medina, Huron, Area; (B) structures that are listed or eligible for Lorain, Erie, Ottawa, and Ashland in Ohio. (F) ensuring that clear, consistent, and ap- listing on the National Register of Historic The people of these counties are proud of propriate signs identifying points of public Places. their heritage as shown through the unwav- access and sites of interest are installed (5) COOPERATIVE AGREEMENTS.—The Sec- ering attempts to preserve agricultural land throughout the Heritage Area; and retary may enter into cooperative agree- and the industrial foundation that has been (G) promoting a wide range of partnerships ments with the local coordinating entity and embedded in this region since the establish- among governments, organizations, and indi- other public or private entities to carry out ment of the Western Reserve. Throughout viduals to further the purposes of the Herit- this subsection. these counties, historical sites, and markers age Area; (b) OTHER FEDERAL AGENCIES.—Any Fed- preserve the unique traditions and customs (2) in preparing and implementing the eral agency conducting or supporting an ac- of its original heritage. management plan, consider the interests of tivity that directly affects the Heritage Area (6) The counties that encompass the West- diverse units of government, businesses, or- shall— ern Reserve continue to maintain a strong ganizations, and individuals in the Heritage (1) consult with the Secretary and the connection to its historic past as seen Area; local coordinating entity regarding the ac- through its preservation of its local heritage, (3) conduct public meetings at least semi- tivity; including historic homes, buildings, and cen- annually regarding the development and im- (2)(A) cooperate with the Secretary and the ters of public gatherings. plementation of the management plan; local coordinating entity in carrying out the (7) There is a need for assistance for the (4) for any fiscal year for which Federal of the Federal agency under this subtitle; preservation and promotion of the signifi- funds are received under this subtitle— and cance of the Western Reserve as the natural, (A) submit to the Secretary a report that (B) to the maximum extent practicable, co- historic and cultural heritage of the counties describes for the year— ordinate the activity with the carrying out of Trumbull, Mahoning, Ashtabula, Portage, (i) the accomplishments of the local co- of those duties; and Geagua, Lake, Cuyahoga, Summit, Medina, ordinating entity; (3) to the maximum extent practicable, Huron, Lorain, Erie, Ottawa and Ashland in (ii) the expenses and income of the local conduct the activity to avoid adverse effects Ohio. coordinating entity; and on the Heritage Area. (8) The Department of the Interior is re- (iii) each entity to which a grant was sponsible for protecting the Nation’s cul- SEC. 297G. AUTHORIZATION OF APPROPRIA- tural and historical resources. There are sig- made; TIONS. nificant examples of such resources within (B) make available for audit all informa- (a) IN GENERAL.—There is authorized to be tion relating to the expenditure of the funds these counties and what was once the West- appropriated to carry out this subtitle ern Reserve to merit the involvement of the and any matching funds; and $10,000,000, of which not more than $1,000,000 Federal Government in the development of (C) require, for all agreements authorizing may be authorized to be appropriated for any programs and projects, in cooperation with expenditures of Federal funds by any entity, fiscal year. the State of Ohio and other local govern- that the receiving entity make available for (b) COST-SHARING REQUIREMENT.—The Fed- mental entities, to adequately conserve, pro- audit all records and other information re- eral share of the cost of any activity assisted tect, and interpret this heritage for future lating to the expenditure of the funds; under this subtitle shall be not more than 50 generations, while providing opportunities (5) encourage, by appropriate means, eco- percent. for education and revitalization. nomic viability that is consistent with the SEC. 297H. TERMINATION OF AUTHORITY. (b) STUDY.— purposes of the Heritage Area; and The authority of the Secretary to provide (1) IN GENERAL.—The Secretary, acting (6) maintain headquarters for the local co- assistance under this subtitle terminates on through the National Park Service Rivers, ordinating entity at Morristown National the date that is 15 years after the date of en- Trails, and Conservation Assistance Pro- Historical Park and in Mercer County. actment of this Act. gram, Midwest Region, and in consultation (c) PROHIBITION ON THE ACQUISITION OF TITLE III—NATIONAL HERITAGE AREA with the State of Ohio, the counties of REAL PROPERTY.— STUDIES Trumbull, Mahoning, Ashtabula, Portage, (1) FEDERAL FUNDS.—The local coordi- Geagua, Lake, Cuyahoga, Summit, Medina, nating entity shall not use Federal funds Subtitle A—Western Reserve Heritage Area Huron, Lorain, Erie, Ottawa, and Ashland, made available under this subtitle to acquire Study and other appropriate organizations, shall real property or any interest in real prop- SEC. 301. SHORT TITLE. carry out a study regarding the suitability erty. This subtitle may be cited as the ‘‘Western and feasibility of establishing the Western (2) OTHER FUNDS.—Notwithstanding para- Reserve Heritage Areas Study Act’’. Reserve Heritage Area in these counties in graph (1), the local coordinating entity may SEC. 302. NATIONAL PARK SERVICE STUDY RE- Ohio. acquire real property or an interest in real GARDING THE WESTERN RESERVE, (2) CONTENTS.—The study shall include property using any other source of funding, OHIO. analysis and documentation regarding including other Federal funding. (a) FINDINGS.—The Congress finds the fol- whether the Study Area— SEC. 297F. TECHNICAL AND FINANCIAL ASSIST- lowing: (A) has an assemblage of natural, historic, ANCE; OTHER FEDERAL AGENCIES. (1) The area that encompasses the modern- and cultural resources that together rep- (a) TECHNICAL AND FINANCIAL ASSIST- day counties of Trumbull, Mahoning, Ash- resent distinctive aspects of American herit- ANCE.— tabula, Portage, Geagua, Lake, Cuyahoga, age worthy of recognition, conservation, in- (1) IN GENERAL.—On the request of the local Summit, Medina, Huron, Lorain, Erie, Ot- terpretation, and continuing use, and are coordinating entity, the Secretary may pro- tawa, and Ashland in Ohio with the rich his- best managed through partnerships among vide technical and financial assistance to the tory in what was once the Western Reserve, public and private entities and by combining Heritage Area for the development and im- has made a unique contribution to the cul- diverse and sometimes noncontiguous re- plementation of the management plan. tural, political, and industrial development sources and active communities; (2) PRIORITY FOR ASSISTANCE.—In providing of the United States. (B) reflects traditions, customs, beliefs, assistance under paragraph (1), the Secretary (2) The Western Reserve is distinctive as and folklife that are a valuable part of the shall give priority to actions that assist in— the land settled by the people of Connecticut national story; (A) conserving the significant cultural, his- after the Revolutionary War. The Western (C) provides outstanding opportunities to toric, natural, and scenic resources of the Reserve holds a unique mark as the original conserve natural, historic, cultural, or scenic Heritage Area; and wilderness land of the West that many set- features; (B) providing educational, interpretive, tlers migrated to in order to begin life out- (D) provides outstanding recreational and and recreational opportunities consistent side of the original 13 colonies. educational opportunities; with the purposes of the Heritage Area. (3) The Western Reserve played a signifi- (E) contains resources important to the (3) OPERATIONAL ASSISTANCE.—Subject to cant role in providing land to the people of identified theme or themes of the Study the availability of appropriations, the Super- Connecticut whose property and land was de- Area that retain a degree of integrity capa- intendent of Morristown National Historical stroyed during the Revolution. These set- ble of supporting interpretation; Park may, on request, provide to public and tlers were descendants of the brave immi- (F) includes residents, business interests, private organizations in the Heritage Area, grants who came to the Americas in the 17th nonprofit organizations, and local and State including the local coordinating entity, any century. governments that are involved in the plan- operational assistance that is appropriate for (4) The Western Reserve offered a new des- ning, have developed a conceptual financial the purpose of supporting the implementa- tination for those who moved west in search plan that outlines the roles for all partici- tion of the management plan. of land and prosperity. The agricultural and pants, including the Federal Government,

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and have demonstrated support for the con- tional heritage area is likely to have on land (B) STATE-MAINTAINED SITES.—Colonial cept of a national heritage area; within the proposed area or bordering the Dorchester State Historic Site, Eutaw (G) has a potential local coordinating enti- proposed area that is privately owned at the Springs Battle Site, Hampton Plantation ty to work in partnership with residents, time that the study is conducted. State Historic Site, Landsford Canal State business interests, nonprofit organizations, Subtitle C—Southern Campaign of the Historic Site, Andrew Jackson State Park, and local and State governments to develop Revolution and Musgrove Mill State Park. a national heritage area consistent with con- SEC. 321. SHORT TITLE. (C) COMMUNITIES.—Charleston, Beaufort, tinued local and State economic activity; This subtitle may be cited as the ‘‘South- Georgetown, Kingstree, Cheraw, Camden, (H) has a conceptual boundary map that is ern Campaign of the Revolution Heritage Winnsboro, Orangeburg, and Cayce. supported by the public; and Area Study Act’’. (D) OTHER KEY SITES OPEN TO THE PUBLIC.— (I) has potential or actual impact on pri- Middleton Place, Goose Creek Church, SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLU- vate property located within or abutting the TION HERITAGE AREA STUDY. Hopsewee Plantation, Walnut Grove Planta- Study Area. (a) STUDY.—The Secretary of the Interior, tion, Fort Watson, and Historic (c) BOUNDARIES OF THE STUDY AREA.—The in consultation with appropriate State his- Brattonsville. Study Area shall be comprised of the coun- toric preservation officers, States historical (c) REPORT.—Not later than 3 fiscal years ties of Trumbull, Mahoning, Ashtabula, Por- societies, the South Carolina Department of after the date on which funds are first made tage, Geagua, Lake, Cuyahoga, Summit, Me- Parks, Recreation, and Tourism, and other available to carry out this subtitle, the Sec- dina, Huron, Lorain, Erie, Ottawa, and Ash- appropriate organizations, shall conduct a retary of the Interior shall submit to the land in Ohio. study regarding the suitability and feasi- Committee on Resources of the House of Subtitle B—St. Croix National Heritage Area bility of designating the study area described Representatives and the Committee on En- Study in subsection (b) as the Southern Campaign ergy and Natural Resources of the Senate a report on the findings, conclusions, and rec- SEC. 311. SHORT TITLE. of the Revolution Heritage Area. The study This subtitle may be cited as the ‘‘St. shall include analysis, documentation, and ommendations of the study. Croix National Heritage Area Study Act’’. determination regarding whether the study TITLE IV—ILLINOIS AND MICHIGAN SEC. 312. STUDY. area— CANAL NATIONAL HERITAGE CORRIDOR (a) IN GENERAL.—The Secretary of the In- (1) has an assemblage of natural, historic, ACT AMENDMENTS terior, in consultation with appropriate and cultural resources that together rep- SEC. 401. SHORT TITLE. State historic preservation officers, States resent distinctive aspects of American herit- This title may be cited as the ‘‘Illinois and historical societies, and other appropriate age worthy of recognition, conservation, in- Michigan Canal National Heritage Corridor organizations, shall conduct a study regard- terpretation, and continuing use, and are Act Amendments of 2005’’. ing the suitability and feasibility of desig- best managed through partnerships among SEC. 402. TRANSITION AND PROVISIONS FOR NEW nating the island of St. Croix as the St. public and private entities and by combining LOCAL COORDINATING ENTITY. Croix National Heritage Area. The study diverse and sometimes noncontiguous re- The Illinois and Michigan Canal National shall include analysis, documentation, and sources and active communities; Heritage Corridor Act of 1984 (Public Law 98– determination regarding whether the island (2) reflects traditions, customs, beliefs, and 398; 16 U.S.C. 461 note) is amended as follows: of St. Croix— folklife that are a valuable part of the na- (1) In section 103— (1) has an assemblage of natural, historic, tional story; (A) in paragraph (8), by striking ‘‘and’’; and cultural resources that together rep- (3) provides outstanding opportunities to (B) in paragraph (9), by striking the period resent distinctive aspects of American herit- conserve natural, historic, cultural, or scenic and inserting ‘‘; and’’; and age worthy of recognition, conservation, in- features; (C) by adding at the end the following: terpretation, and continuing use, and are (4) provides outstanding recreational and ‘‘(10) the term ‘Association’ means the best managed through partnerships among educational opportunities; Canal Corridor Association (an organization public and private entities and by combining (5) contains resources important to the described under section 501(c)(3) of the Inter- diverse and sometimes noncontiguous re- identified theme or themes of the study area nal Revenue Code of 1986 and exempt from sources and active communities; that retain a degree of integrity capable of taxation under section 501(a) of such Code).’’. (2) reflects traditions, customs, beliefs, and supporting interpretation; (2) By adding at the end of section 112 the folklife that are a valuable part of the na- (6) includes residents, business interests, following new paragraph: tional story; nonprofit organizations, and local and State ‘‘(7) The Secretary shall enter into a (3) provides outstanding opportunities to governments that are involved in the plan- memorandum of understanding with the As- conserve natural, historic, cultural, or scenic ning, have developed a conceptual financial sociation to help ensure appropriate transi- features; plan that outlines the roles of all partici- tion of the local coordinating entity to the (4) provides outstanding recreational and pants (including the Federal Government), Association and coordination with the Asso- educational opportunities; and have demonstrated support for the con- ciation regarding that role.’’. (5) contains resources important to the cept of a national heritage area; (3) By adding at the end the following new identified theme or themes of the island of (7) has a potential local coordinating enti- sections: St. Croix that retain a degree of integrity ca- ty to work in partnership with residents, ‘‘SEC. 119. ASSOCIATION AS LOCAL COORDI- pable of supporting interpretation; business interests, nonprofit organizations, NATING ENTITY. (6) includes residents, business interests, and local and State governments to develop ‘‘Upon the termination of the Commission, nonprofit organizations, and local and State a national heritage area consistent with con- the local coordinating entity for the corridor governments that are involved in the plan- tinued local and State economic activity; shall be the Association. ning, have developed a conceptual financial and ‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSO- plan that outlines the roles of all partici- (8) has a conceptual boundary map that is CIATION. pants (including the Federal Government), supported by the public. ‘‘For purposes of preparing and imple- and have demonstrated support for the con- (b) STUDY AREA.— menting the management plan developed cept of a national heritage area; (1) IN GENERAL.— under section 121, the Association may use (7) has a potential local coordinating enti- (A) SOUTH CAROLINA.—The study area shall Federal funds made available under this ty to work in partnership with residents, include the following counties in South title— business interests, nonprofit organizations, Carolina: Anderson, Pickens, Greenville ‘‘(1) to make grants to, and enter into co- and local and State governments to develop County, Spartanburg, Cherokee County, operative agreements with, States and their a national heritage area consistent with con- Greenwood, Laurens, Union, York, Chester, political subdivisions, private organizations, tinued local and State economic activity; Darlington, Florence, Chesterfield, Marl- or any person; and boro, Fairfield, Richland, Lancaster, ‘‘(2) to hire, train, and compensate staff; (8) has a conceptual boundary map that is Kershaw, Sumter, Orangeburg, Georgetown, and supported by the public. Dorchester, Colleton, Charleston, Beaufort, ‘‘(3) to enter into contracts for goods and (b) REPORT.—Not later than 3 fiscal years Calhoun, Clarendon, and Williamsburg. services. after the date on which funds are first made (B) NORTH CAROLINA.—The study area may ‘‘SEC. 121. DUTIES OF THE ASSOCIATION. available for this section, the Secretary of include sites and locations in North Carolina ‘‘The Association shall— the Interior shall submit to the Committee as appropriate. ‘‘(1) develop and submit to the Secretary on Resources of the House of Representatives (2) SPECIFIC SITES.—The heritage area may for approval under section 123 a proposed and the Committee on Energy and Natural include the following sites of interest: management plan for the corridor not later Resources of the Senate a report on the find- (A) NATIONAL PARK SERVICE SITE.—Kings than 2 years after Federal funds are made ings, conclusions, and recommendations of Mountain National Military Park, Cowpens available for this purpose; the study. National Battlefield, Fort Moultrie National ‘‘(2) give priority to implementing actions (c) PRIVATE PROPERTY.—In conducting the Monument, Charles Pickney National His- set forth in the management plan, including study required by this section, the Secretary toric Site, and Ninety Six National Historic taking steps to assist units of local govern- of the Interior shall analyze the potential Site as well as the National Park Affiliate of ment, regional planning organizations, and impact that designation of the area as a na- Historic Camden Revolutionary War Site. other organizations—

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.070 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9007 ‘‘(A) in preserving the corridor; ‘‘(G) a description of the public participa- ‘‘(1) consult with the Secretary and the As- ‘‘(B) in establishing and maintaining inter- tion process used in developing the plan and sociation with respect to such activities; pretive exhibits in the corridor; a proposal for public participation in the im- ‘‘(2) cooperate with the Secretary and the ‘‘(C) in developing recreational resources plementation of the management plan; Association in carrying out their duties in the corridor; ‘‘(H) a mechanism and schedule for updat- under this title; ‘‘(D) in increasing public awareness of and ing the plan based on actual progress; ‘‘(3) to the maximum extent practicable, appreciation for the natural, historical, and ‘‘(I) a bibliography of documents used to coordinate such activities with the carrying architectural resources and sites in the cor- develop the management plan; and out of such duties; and ridor; and ‘‘(J) a discussion of any other relevant ‘‘(4) to the maximum extent practicable, ‘‘(E) in facilitating the restoration of any issues relating to the management plan. conduct or support such activities in a man- historic building relating to the themes of ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a ner which the Association determines is not the corridor; proposed management plan is not submitted likely to have an adverse effect on the cor- ‘‘(3) encourage by appropriate means eco- to the Secretary within 3 years after the ridor. nomic viability in the corridor consistent date that Federal funds are made available ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. with the goals of the management plan; for this purpose, the Association shall be in- ‘‘(a) IN GENERAL.—To carry out this title ‘‘(4) consider the interests of diverse gov- eligible to receive additional funds under there is authorized to be appropriated ernmental, business, and other groups within this title until the Secretary receives a pro- $10,000,000, except that not more than the corridor; posed management plan from the Associa- $1,000,000 may be appropriated to carry out ‘‘(5) conduct public meetings at least quar- tion. this title for any fiscal year. terly regarding the implementation of the ‘‘(c) APPROVAL OF MANAGEMENT PLAN.— ‘‘(b) 50 PERCENT MATCH.—The Federal management plan; The Secretary shall approve or disapprove a share of the cost of activities carried out ‘‘(6) submit substantial changes (including proposed management plan submitted under using any assistance or grant under this title any increase of more than 20 percent in the this title not later than 180 days after receiv- shall not exceed 50 percent of that cost. cost estimates for implementation) to the ing such proposed management plan. If ac- ‘‘SEC. 126. SUNSET. management plan to the Secretary; and tion is not taken by the Secretary within the ‘‘The authority of the Secretary to provide ‘‘(7) for any year in which Federal funds time period specified in the preceding sen- assistance under this title terminates on the have been received under this title— tence, the management plan shall be deemed date that is 15 years after the date of enact- ‘‘(A) submit an annual report to the Sec- approved. The Secretary shall consult with ment of this section.’’. retary setting forth the Association’s accom- the local entities representing the diverse in- plishments, expenses and income, and the terests of the corridor including govern- SEC. 403. PRIVATE PROPERTY PROTECTION. identity of each entity to which grants were ments, natural and historic resource protec- The Illinois and Michigan Canal National made during the year for which the report is tion organizations, educational institutions, Heritage Corridor Act of 1984 is further made; businesses, recreational organizations, com- amended by adding after section 126 (as ‘‘(B) make available for audit all records munity residents, and private property own- added by section 402) the following new sec- pertaining to the expenditure of such funds ers prior to approving the management plan. tions: and any matching funds; and The Association shall conduct semi-annual ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF ‘‘(C) require, for all agreements author- public meetings, workshops, and hearings to PRIVATE PROPERTY. izing expenditure of Federal funds by other provide adequate opportunity for the public ‘‘(a) NOTIFICATION AND CONSENT OF PROP- organizations, that the receiving organiza- and local and governmental entities to re- ERTY OWNERS REQUIRED.—No privately tions make available for audit all records view and to aid in the preparation and imple- owned property shall be preserved, con- pertaining to the expenditure of such funds. mentation of the management plan. served, or promoted by the management plan ‘‘SEC. 122. USE OF FEDERAL FUNDS. ‘‘(d) EFFECT OF APPROVAL.—Upon the ap- for the corridor until the owner of that pri- ‘‘(a) IN GENERAL.—The Association shall proval of the management plan as provided vate property has been notified in writing by not use Federal funds received under this in subsection (c), the management plan shall the Association and has given written con- title to acquire real property or an interest supersede the conceptual plan contained in sent for such preservation, conservation, or in real property. the National Park Service report. promotion to the Association. ‘‘(b) OTHER SOURCES.—Nothing in this title ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If ‘‘(b) LANDOWNER WITHDRAWAL.—Any owner precludes the Association from using Federal the Secretary disapproves a proposed man- of private property included within the funds from other sources for authorized pur- agement plan within the time period speci- boundary of the corridor, and not notified poses. fied in subsection (c), the Secretary shall ad- under subsection (a), shall have their prop- ‘‘SEC. 123. MANAGEMENT PLAN. vise the Association in writing of the reasons erty immediately removed from the bound- ‘‘(a) PREPARATION OF MANAGEMENT PLAN.— for the disapproval and shall make rec- ary of the corridor by submitting a written Not later than 3 years after the date that ommendations for revisions to the proposed request to the Association. Federal funds are made available for this management plan. ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. purpose, the Association shall submit to the ‘‘(f) APPROVAL OF AMENDMENTS.—The Sec- ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Noth- Secretary for approval a proposed manage- retary shall review and approve all substan- ing in this title shall be construed to— ment plan that shall— tial amendments (including any increase of ‘‘(1) require any private property owner to ‘‘(1) take into consideration State and more than 20 percent in the cost estimates allow public access (including Federal, local plans and involve residents, local gov- for implementation) to the management State, or local government access) to such ernments and public agencies, and private plan. Funds made available under this title private property; or organizations in the corridor; may not be expended to implement any ‘‘(2) modify any provision of Federal, ‘‘(2) present comprehensive recommenda- changes made by a substantial amendment State, or local law with regard to public actions for the corridor’s conservation, fund- until the Secretary approves that substan- cess to or use of private property. ing, management, and development; tial amendment. ‘‘(b) LIABILITY.—Designation of the cor- ‘‘(3) include actions proposed to be under- ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSIST- ridor shall not be considered to create any li- taken by units of government and non- ANCE; OTHER FEDERAL AGENCIES. ability, or to have any effect on any liability governmental and private organizations to ‘‘(a) TECHNICAL AND FINANCIAL ASSIST- under any other law, of any private property protect the resources of the corridor; ANCE.—Upon the request of the Association, owner with respect to any persons injured on ‘‘(4) specify the existing and potential the Secretary may provide technical assist- such private property. sources of funding to protect, manage, and ance, on a reimbursable or nonreimbursable ‘‘(c) RECOGNITION OF AUTHORITY TO CON- develop the corridor; and basis, and financial assistance to the Asso- TROL LAND USE.—Nothing in this title shall ‘‘(5) include— ciation to develop and implement the man- be construed to modify the authority of Fed- ‘‘(A) identification of the geographic agement plan. The Secretary is authorized to eral, State, or local governments to regulate boundaries of the corridor; enter into cooperative agreements with the land use. ‘‘(B) a brief description and map of the cor- Association and other public or private enti- ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY ridor’s overall concept or vision that show ties for this purpose. In assisting the Asso- OWNERS IN CORRIDOR.—Nothing in this title key sites, visitor facilities and attractions, ciation, the Secretary shall give priority to shall be construed to require the owner of and physical linkages; actions that in general assist in— any private property located within the ‘‘(C) identification of overall goals and the ‘‘(1) conserving the significant natural, his- boundaries of the corridor to participate in strategies and tasks intended to reach them, toric, cultural, and scenic resources of the or be associated with the corridor. and a realistic schedule for completing the corridor; and ‘‘(e) EFFECT OF ESTABLISHMENT.—The tasks; ‘‘(2) providing educational, interpretive, boundaries designated for the corridor rep- ‘‘(D) a listing of the key resources and and recreational opportunities consistent resent the area within which Federal funds themes of the corridor; with the purposes of the corridor. appropriated for the purpose of this title ‘‘(E) identification of parties proposed to ‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.— may be expended. The establishment of the be responsible for carrying out the tasks; Any Federal agency conducting or sup- corridor and its boundaries shall not be con- ‘‘(F) a financial plan and other information porting activities directly affecting the cor- strued to provide any nonexisting regulatory on costs and sources of funds; ridor shall— authority on land use within the corridor or

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.070 S26JYPT1 S9008 CONGRESSIONAL RECORD — SENATE July 26, 2005 its viewshed by the Secretary, the National On page 7, strike lines 15 through 19 and in- meet the goals of the National Heritage Park Service, or the Association.’’. sert the following: Area, in accordance with section 7. TITLE V—REAUTHORIZATION OF APPRO- (A) the Hueco Bolson and Mesilla aquifers (3) NATIONAL HERITAGE AREA.—The term PRIATIONS FOR NEW JERSEY COASTAL underlying parts of Texas, New Mexico, and ‘‘National Heritage Area’’ means an area HERITAGE TRAIL ROUTE Mexico; designated by Congress that is nationally SEC. 501. REAUTHORIZATION OF APPROPRIA- (B) the Santa Cruz River Valley aquifers important to the heritage of the United TIONS FOR NEW JERSEY COASTAL underlying Arizona and Sonora, Mexico; and States and meets the criteria established HERITAGE TRAIL ROUTE. (C) the San Pedro aquifers underlying Ari- under section 5(a). (a) REAUTHORIZATION.—Public Law 100–515 zona and Sonora, Mexico. (4) NATIONAL IMPORTANCE.—The term ‘‘na- (16 U.S.C. 1244 note) is amended by striking tional importance’’ means possession of— section 6 and inserting the following: SA 1586. Ms. COLLINS (for Mr. (A) unique natural, historical, cultural, ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. DOMENICI) proposed an amendment to educational, scenic, or recreational re- ‘‘(a) IN GENERAL.—There are authorized to the bill S. 243, to establish a program sources of exceptional value or quality; and be appropriated to the Secretary such sums and criteria for National Heritage (B) a high degree of integrity of location, as are necessary to carry out this Act. Areas in the United States, and for setting, or association in illustrating or in- ‘‘(b) USE OF FUNDS.— terpreting the heritage of the United States. other purposes; as follows: ‘‘(1) IN GENERAL.—Amounts made available (5) PROPOSED NATIONAL HERITAGE AREA.— under subsection (a) shall be used only for— Strike all after the enacting clause and in- The term ‘‘proposed National Heritage Area’’ ‘‘(A) technical assistance; and sert the following: means an area under study by the Secretary ‘‘(B) the design and fabrication of interpre- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. or other parties for potential designation by tive materials, devices, and signs. (a) SHORT TITLE.—This Act may be cited as Congress as a National Heritage Area. ‘‘(2) LIMITATIONS.—No funds made available the ‘‘National Heritage Areas Partnership (6) SECRETARY.—The term ‘‘Secretary’’ under subsection (a) shall be used for— Act’’. means the Secretary of the Interior. ‘‘(A) operation, repair, or construction (b) TABLE OF CONTENTS.—The table of con- (7) STUDY.—The term ‘‘study’’ means a costs, except for the costs of constructing intents of this Act is as follows: study conducted by the Secretary, or con- terpretive exhibits; or Sec. 1. Short title; table of contents. ducted by 1 or more other interested parties ‘‘(B) operation, maintenance, or repair Sec. 2. Purposes. and reviewed by the Secretary, in accordance costs for any road or related structure. Sec. 3. Definitions. with the criteria and processes established ‘‘(3) COST-SHARING REQUIREMENT.— Sec. 4. National Heritage Areas system. under section 5, to determine whether an ‘‘(A) FEDERAL SHARE.—The Federal share Sec. 5. Studies. area meets the criteria to be designated as a of any project carried out with amounts Sec. 6. Designation of National Heritage National Heritage Area by Congress. made available under subsection (a)— Areas. (8) SYSTEM.—The term ‘‘system’’ means ‘‘(i) may not exceed 50 percent of the total Sec. 7. Management plans. the system of National Heritage Areas estab- project costs; and Sec. 8. Local coordinating entities. lished under section 4(a). ‘‘(ii) shall be provided on a matching basis. Sec. 9. Relationship to other Federal agen- SEC. 4. NATIONAL HERITAGE AREAS SYSTEM. ‘‘(B) FORM OF NON-FEDERAL SHARE.—The cies. (a) IN GENERAL.—In order to recognize cer- non-Federal share of carrying out a project Sec. 10. Private property and regulatory tain areas of the United States that tell na- with amounts made available under sub- protections. tionally important stories and to protect, section (a) may be in the form of cash, mate- Sec. 11. Partnership support. enhance, and interpret the natural, historic, rials, or in-kind services, the value of which Sec. 12. Authorization of appropriations. scenic, and cultural resources of the areas shall be determined by the Secretary. SEC. 2. PURPOSES. that together illustrate significant aspects ‘‘(c) TERMINATION OF AUTHORITY.—The au- The purposes of this Act are— of the heritage of the United States, there is thorities provided to the Secretary under (1) to promote public understanding, appre- established a system of National Heritage this Act shall terminate on September 30, ciation, and enjoyment of many places, Areas through which the Secretary shall pro- 2007.’’. events and people that have contributed to vide technical and financial assistance to (b) STRATEGIC PLAN.— the story of the United States; local coordinating entities to support the es- (1) IN GENERAL.—Not later than 3 years (2) to promote innovative and partnership- tablishment, development, and continuity of after the date on which funds are made avail- driven management strategies that recog- able, the Secretary of the Interior shall pre- the National Heritage Areas. nize regional values, encourage locally tai- (b) SYSTEM.—The system of National Herit- pare a strategic plan for the New Jersey lored resource stewardship and interpreta- Coastal Heritage Trail Route. age Areas shall be composed of— tion, and provide for the effective leveraging (1) National Heritage Areas established by (2) CONTENTS.—The strategic plan shall de- of Federal funds with other local, State, and scribe— Congress before or on the date of enactment private funding sources; of this Act; and (A) opportunities to increase participation (3) to unify national standards and proc- by national and local private and public in- (2) National Heritage Areas established by esses for conducting feasibility studies, des- Congress after the date of enactment of this terests in the planning, development, and ad- ignating a system of National Heritage ministration of the New Jersey Coastal Her- Act, as provided for in this Act. Areas, and approving management plans for (c) RELATIONSHIP TO THE NATIONAL PARK itage Trail Route; and National Heritage Areas; (B) organizational options for sustaining SYSTEM.— (4) to provide appropriate linkages between (1) RELATIONSHIP TO NATIONAL PARK the New Jersey Coastal Heritage Trail units of the National Park System and com- Route. UNITS.—The Secretary shall— munities, governments, and organizations (A) ensure, to the maximum extent prac- SA 1584. Ms. COLLINS (for Mr. within National Heritage Areas; and ticable, participation and assistance by units (5) to provide financial and technical as- of the National Park System located near or DOMENICI) proposed and amendment to sistance to National Heritage Area local co- the bill S. 203, to reduce temporarily encompassed by National Heritage Areas in ordinating entities that act as a catalyst for local initiatives for National Heritage Areas the royalty required to be paid for so- diverse regions, communities, organizations, that conserve and interpret resources con- dium produced, to establish certain Na- and citizens to undertake projects and pro- sistent with an approved management plan; tional Heritage Areas, and for other grams for collaborative resource stewardship and purposes; as follows: and interpretation. (B) work with National Heritage Areas to Amend the title so as to read: ‘‘A bill to re- SEC. 3. DEFINITIONS. promote public enjoyment of units of the Na- duce temporarily the royalty required to be In this Act: tional Park System and park-related re- paid for sodium produced, to establish cer- (1) LOCAL COORDINATING ENTITY.—The term sources. tain National Heritage Areas, and for other ‘‘local coordinating entity’’ means the entity (2) APPLICABILITY OF LAWS.—National Her- purposes.’’. designated by Congress— itage Areas shall not be— (A) to develop, in partnership with others, (A) considered to be units of the National SA 1585. Ms. COLLINS (for Mr. the management plan for a National Herit- Park System; or BINGAMAN (for himself and Mr. DOMEN- age Area; and (B) subject to the laws applicable to units ICI)) proposed an amendment to the bill (B) to act as a catalyst for the implemen- of the National Park System. S. 214, to authorize the Secretary of tation of projects and programs among di- (d) DUTIES.—Under the system, the Sec- the Interior to cooperate with the verse partners in the National Heritage retary shall— States on the border with Mexico and Area. (1)(A) conduct studies, as directed by Con- (2) MANAGEMENT PLAN.—The term ‘‘man- gress, to assess the suitability and feasibility other appropriate entities in con- agement plan’’ means the plan prepared by of designating proposed National Heritage ducting a hydrogeologic characteriza- the local coordinating entity for a National Areas; or tion, mapping, and modeling program Heritage Area designated by Congress that (B) review and comment on studies under- for priority transboundary aquifers, specifies actions, policies, strategies, per- taken by other parties to make such assess- and for other purposes; as follows: formance goals, and recommendations to ment;

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.070 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9009 (2) provide technical and financial assist- (7) A conceptual boundary map has been (6) describe a program for implementation ance, on a reimbursable or non-reimbursable developed and is supported by the public and for the management plan, including— basis (as determined by the Secretary), for participating Federal agencies. (A) performance goals; the development and implementation of (b) CONSULTATION.—In conducting or re- (B) plans for resource protection, enhance- management plans for designated National viewing a study, the Secretary shall consult ment, interpretation, funding, management, Heritage Areas; with the managers of any Federal land with- and development; and (3) enter into cooperative agreements with in the proposed National Heritage Area and (C) specific commitments for implementa- interested parties to carry out this Act; secure the concurrence of the managers with tion that have been made by the local co- (4) provide information, promote under- the findings of the study before making a de- ordinating entity or any government agency, standing, and encourage research on Na- termination for designation. organization, business, or individual; tional Heritage Areas in partnership with (c) APPROVAL.—On completion or receipt of (7) include an analysis of, and rec- local coordinating entities; a study for a National Heritage Area, the ommendations for, means by which Federal, (5) provide national oversight, analysis, co- Secretary shall— State, and local programs may best be coordination, and technical and financial as- (1) review, comment on, and determine if ordinated (including the role of the National sistance and support to ensure consistency the study meets the criteria specified in sub- Park Service and other Federal agencies as- and accountability under the system; section (a) for designation as a National Her- sociated with the National Heritage Area) to (6) submit annually to the Committee on itage Area; further the purposes of this Act; and Resources of the House of Representatives (2) consult with the Governor of each State (8) include a business plan that— and the Committee on Energy and Natural in which the proposed National Heritage (A) describes the role, operation, financing, Resources of the Senate a report describing Area is located; and and functions of the local coordinating enti- the allocation and expenditure of funds for (3) transmit to the Committee on Re- ty and of each of the major activities con- activities conducted with respect to National sources of the House of Representatives and tained in the management plan; and Heritage Areas under this Act; and the Committee on Energy and Natural Re- (B) provides adequate assurances that the (7)(A) conduct an evaluation and prepare a sources of the Senate, the study, including— local coordinating entity has the partner- report on the accomplishments, sustain- (A) any comments received from the Gov- ships and financial and other resources nec- ability, and recommendations for the future ernor of each State in which the proposed essary to implement the management plan of each designated National Heritage Area 3 National Heritage Area is located; and for the National Heritage Area. years before cessation of Federal funding for (B) a finding as to whether the proposed (b) DEADLINE.— the area under section 12; and National Heritage Area meets the criteria (1) IN GENERAL.—Not later than 3 years (B) submit a report on the findings of the for designation. after the date on which funds are first made evaluation to the Committee on Resources of (d) DISAPPROVAL.—If the Secretary deter- available to develop the management plan the House of Representatives and the Com- mines that any proposed National Heritage after designation as a National Heritage mittee on Energy and Natural Resources of Area does not meet the criteria for designa- Area, the local coordinating entity shall sub- the Senate. tion, the Secretary shall include within the mit the management plan to the Secretary SEC. 5. STUDIES. study submitted under subsection (c)(3) a de- for approval. (a) CRITERIA.—In conducting or reviewing a scription of the reasons for the determina- (2) TERMINATION OF FUNDING.—If the man- study, the Secretary shall apply the fol- tion. agement plan is not submitted to the Sec- lowing criteria to determine the suitability SEC. 6. DESIGNATION OF NATIONAL HERITAGE retary in accordance with paragraph (1), the and feasibility of designating a proposed Na- AREAS. local coordinating entity shall not qualify tional Heritage Area: (a) IN GENERAL.—The designation of a Na- for any additional financial assistance under (1) An area— tional Heritage Area shall be— this Act until such time as the management (A) has an assemblage of natural, historic, (1) by Act of Congress; and plan is submitted to and approved by the cultural, educational, scenic, or recreational (2) contingent on the prior completion of a Secretary. resources that together are nationally im- study and an affirmative determination by (c) APPROVAL OF MANAGEMENT PLAN.— portant to the heritage of the United States; the Secretary that the area meets the cri- (1) REVIEW.—Not later than 180 days after (B) represents distinctive aspects of the teria established under section 5(a). receiving the plan, the Secretary shall re- heritage of the United States worthy of rec- (b) COMPONENT OF THE SYSTEM.—Any Na- view and approve or disapprove the manage- ognition, conservation, interpretation, and tional Heritage Area designated under sub- ment plan for a National Heritage Area on continuing use; section (a) shall be a component of the sys- the basis of the criteria established under (C) is best managed as such an assemblage tem. paragraph (3). through partnerships among public and pri- SEC. 7. MANAGEMENT PLANS. (2) CONSULTATION.—The Secretary shall vate entities at the local or regional level; (a) REQUIREMENTS.—The management plan consult with the Governor of each State in (D) reflects traditions, customs, beliefs, for any National Heritage Area shall— which the National Heritage Area is located and folklife that are a valuable part of the (1) describe comprehensive policies, goals, before approving a management plan for the heritage of the United States; strategies, and recommendations for telling National Heritage Area. (E) provides outstanding opportunities to the story of the heritage of the area covered (3) CRITERIA FOR APPROVAL.—In deter- conserve natural, historical, cultural, or sce- by the National Heritage Area and encour- mining whether to approve a management nic features; aging long-term resource protection, en- plan for a National Heritage Area, the Sec- (F) provides outstanding recreational or hancement, interpretation, funding, manage- retary shall consider whether— educational opportunities; and ment, and development of the National Her- (A) the local coordinating entity rep- (G) has resources and traditional uses that itage Area; resents the diverse interests of the National have national importance. (2) include a description of actions and Heritage Area, including governments, nat- (2) Residents, business interests, nonprofit commitments that governments, private or- ural and historic resource protection organi- organizations, and governments (including ganizations, and citizens will take to pro- zations, educational institutions, businesses, relevant Federal land management agencies) tect, enhance, interpret, fund, manage, and recreational organizations, community resi- within the proposed area are involved in the develop the natural, historical, cultural, edu- dents, and private property owners; planning and have demonstrated significant cational, scenic, and recreational resources (B) the local coordinating entity— support through letters and other means for of the National Heritage Area; (i) has afforded adequate opportunity for National Heritage Area designation and (3) specify existing and potential sources of public and governmental involvement (in- management. funding or economic development strategies cluding through workshops and hearings) in (3) The local coordinating entity respon- to protect, enhance, interpret, fund, manage, the preparation of the management plan; and sible for preparing and implementing the and develop the National Heritage Area; (ii) provides for at least semiannual public management plan is identified. (4) include an inventory of the natural, his- meetings to ensure adequate implementation (4) The proposed local coordinating entity torical, cultural, educational, scenic, and of the management plan; and units of government supporting the des- recreational resources of the National Herit- (C) the resource protection, enhancement, ignation are willing and have documented a age Area related to the national importance interpretation, funding, management, and significant commitment to work in partner- and themes of the National Heritage Area development strategies described in the ship to protect, enhance, interpret, fund, that should be protected, enhanced, inter- management plan, if implemented, would manage, and develop resources within the preted, managed, funded, and developed; adequately protect, enhance, interpret, fund, National Heritage Area. (5) recommend policies and strategies for manage, and develop the natural, historic, (5) The proposed local coordinating entity resource management, including the devel- cultural, educational, scenic, and rec- has developed a conceptual financial plan opment of intergovernmental and inter- reational resources of the National Heritage that outlines the roles of all participants (in- agency agreements to protect, enhance, in- Area; cluding the Federal Government) in the terpret, fund, manage, and develop the nat- (D) the management plan would not ad- management of the National Heritage Area. ural, historical, cultural, educational, sce- versely affect any activities authorized on (6) The proposal is consistent with contin- nic, and recreational resources of the Na- Federal land under public land laws or land ued economic activity within the area. tional Heritage Area; use plans;

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.052 S26JYPT1 S9010 CONGRESSIONAL RECORD — SENATE July 26, 2005 (E) the local coordinating entity has dem- (A) natural, historical, cultural, edu- basis, to local coordinating entities for the onstrated the financial capability, in part- cational, scenic, and recreational resource conduct of individual projects at National nership with others, to carry out the plan; conservation; Heritage Areas for which financial assistance (F) the Secretary has received adequate as- (B) economic and community development; has terminated under section 12. surances from the appropriate State and and (2) CONDITIONS.—The provision of a grant local officials whose support is needed to en- (C) heritage planning; under paragraph (1) shall be subject to the sure the effective implementation of the (4) obtain funds or services from any condition that— State and local elements of the management source, including other Federal laws or pro- (A) a project must be approved by the local plan; and grams; coordinating entity as promoting the pur- (G) the management plan demonstrates (5) contract for goods or services; and poses of the management plan required partnerships among the local coordinating (6) support activities of partners and any under section 7; entity, Federal, State, and local govern- other activities that further the purposes of (B) a project may receive only 1 grant of no ments, regional planning organizations, non- the National Heritage Area and are con- more than $250,000 in any 1 fiscal year; profit organizations, or private sector par- sistent with the approved management plan. (C) a maximum of $250,000 may be received ties for implementation of the management (c) PROHIBITION ON ACQUISITION OF REAL by a local coordinating entity for projects plan. PROPERTY.—The local coordinating entity funded under this subsection in any 1 fiscal (4) DISAPPROVAL.— may not use Federal funds authorized under year; and (A) IN GENERAL.—If the Secretary dis- this Act to acquire any interest in real prop- (D) a project shall not be eligible for fund- approves the management plan, the Sec- erty. ing under this section in any fiscal year that retary— SEC. 9. RELATIONSHIP TO OTHER FEDERAL a local coordinating entity receives an ap- (i) shall advise the local coordinating enti- AGENCIES. propriation through the National Park Serv- ty in writing of the reasons for the dis- (a) IN GENERAL.—Nothing in this Act af- ice (excluding technical assistance) for the approval; and fects the authority of a Federal agency to National Heritage Area at which the project (ii) may make recommendations to the provide technical or financial assistance is being conducted. local coordinating entity for revisions to the under any other law. (c) REPORT.—For each fiscal year in which management plan. (b) CONSULTATION AND COORDINATION.—The assistance is provided under this section, the (B) DEADLINE.—Not later than 180 days head of any Federal agency planning to con- Secretary shall submit to the Committee on after receiving a revised management plan, duct activities that may have an impact on Appropriations of the House of Representa- the Secretary shall approve or disapprove a National Heritage Area is encouraged to tives and the Committee on Appropriations the revised management plan. consult and coordinate the activities with of the Senate a list of the projects provided (5) AMENDMENTS.— the Secretary and the local coordinating en- assistance for the fiscal year. (A) IN GENERAL.—An amendment to the tity to the maximum extent practicable. management plan that substantially alters SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (c) OTHER FEDERAL AGENCIES.—Nothing in the purposes of the National Heritage Area this Act— (a) STUDIES.—There is authorized to be ap- shall be reviewed by the Secretary and ap- (1) modifies, alters, or amends any law or propriated to conduct and review studies proved or disapproved in the same manner as regulation authorizing a Federal agency to under section 5 $750,000 for each fiscal year, the original management plan. manage Federal land under the jurisdiction of which not more than $250,000 for any fiscal (B) IMPLEMENTATION.—The local coordi- of the Federal agency; year may be used for any individual study nating entity shall not use Federal funds au- (2) limits the discretion of a Federal land for a proposed National Heritage Area. thorized by this Act to implement an amend- manager to implement an approved land use (b) LOCAL COORDINATING ENTITIES.— ment to the management plan until the Sec- plan within the boundaries of a National (1) IN GENERAL.—There is authorized to be retary approves the amendment. Heritage Area; or appropriated to carry out section 8 $25,000,000 SEC. 8. LOCAL COORDINATING ENTITIES. (3) modifies, alters, or amends any author- for each fiscal year, of which not more (a) DUTIES.—To further the purposes of the ized use of Federal land under the jurisdic- than— National Heritage Area, the local coordi- tion of a Federal agency. (A) $1,000,000 may be made available for nating entity shall— any fiscal year for any individual National (1) prepare a management plan for the Na- SEC. 10. PRIVATE PROPERTY AND REGULATORY Heritage Area, to remain available until ex- tional Heritage Area, and submit the man- PROTECTIONS. pended; and agement plan to the Secretary, in accord- Nothing in this Act— (B) a total of $10,000,000 may be made avail- ance with section 7; (1) abridges the rights of any property able for all such fiscal years for any indi- (2) submit an annual report to the Sec- owner (whether public or private), including vidual National Heritage Area. retary for each fiscal year for which the the right to refrain from participating in any (2) TERMINATION DATE.— local coordinating entity receives Federal plan, project, program, or activity conducted (A) IN GENERAL.—The authority of the Sec- funds under this Act, specifying— within the National Heritage Area; retary to provide financial assistance to an (A) the specific performance goals and ac- (2) requires any property owner to permit individual local coordinating entity under complishments of the local coordinating en- public access (including access by Federal, this section (excluding technical assistance tity; State, or local agencies) to the property of and administrative oversight) shall termi- (B) the expenses and income of the local the property owner, or to modify public ac- nate on the date that is 15 years after the coordinating entity; cess or use of property of the property owner date of the initial receipt of the assistance (C) the amounts and sources of matching under any other Federal, State, or local law; by the local coordinating entity. funds; (3) alters any duly adopted land use regula- (B) DESIGNATION.—A National Heritage (D) the amounts leveraged with Federal tion, approved land use plan, or other regu- Area shall retain the designation as a Na- funds and sources of the leveraging; and latory authority of any Federal, State or tional Heritage Area after the termination (E) grants made to any other entities dur- local agency, or conveys any land use or date prescribed in subparagraph (A). ing the fiscal year; other regulatory authority to any local co- (3) ADMINISTRATION.—Not more than 5 per- (3) make available for audit for each fiscal ordinating entity; cent of the amount of funds made available year for which the local coordinating entity (4) authorizes or implies the reservation or under paragraph (1) for a fiscal year may be receives Federal funds under this Act, all in- appropriation of water or water rights; used by the Secretary for technical assist- formation pertaining to the expenditure of (5) diminishes the authority of the State to ance, oversight, and administrative pur- the funds and any matching funds; and manage fish and wildlife, including the regu- poses. (4) encourage economic viability and sus- lation of fishing and hunting within the Na- tainability that is consistent with the pur- tional Heritage Area; or (c) HERITAGE PARTNERSHIP GRANT ASSIST- poses of the National Heritage Area. (6) creates any liability, or affects any li- ANCE.—There is authorized to be appro- (b) AUTHORITIES.—For the purposes of pre- ability under any other law, of any private priated to the Secretary to carry out section paring and implementing the approved man- property owner with respect to any person 11 $5,000,000 for each fiscal year. agement plan for the National Heritage injured on the private property. (d) MATCHING FUNDS.— Area, the local coordinating entity may use SEC. 11. PARTNERSHIP SUPPORT. (1) IN GENERAL.—As a condition of receiv- Federal funds made available under this Act (a) TECHNICAL ASSISTANCE.—On termi- ing a grant under this Act, the recipient of to— nation of the 15-year period for which assist- the grant shall provide matching funds in an (1) make grants to political jurisdictions, ance is provided under section 12, the Sec- amount that is equal to the amount of the nonprofit organizations, and other parties retary may, on request of a local coordi- grant. within the National Heritage Area; nating entity, continue to provide technical (2) ADMINISTRATION.—The recipient match- (2) enter into cooperative agreements with assistance to a National Heritage Area under ing funds— or provide technical assistance to political section 4. (A) shall be derived from non-Federal jurisdictions, nonprofit organizations, Fed- (b) GRANT ASSISTANCE.— sources; and eral agencies, and other interested parties; (1) IN GENERAL.—The Secretary may estab- (B) may be made in the form of in-kind (3) hire and compensate staff, including in- lish a grant program under which the Sec- contributions of goods or services fairly val- dividuals with expertise in— retary provides grants, on a competitive ued.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.052 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9011 SA 1587. Ms. COLLINS (for Mr. drin Proposed Wilderness, Mendocino Na- Wilderness Addition, Six Rivers National DOMENICI) proposed an amendment to tional Forest’’ and dated April 21, 2005, which Forest’’, and dated October 28, 2004; the bill S. 264, to amend the Reclama- shall be known as the ‘‘Sanhedrin Wilder- (ii) the map entitled ‘‘East Fork Unit, tion Wastewater and Groundwater ness’’. Trinity Alps Proposed Wilderness Addition, (3) YUKI WILDERNESS.—Certain land in the Six Rivers National Forest’’ and dated Sep- Study and Facilities Act to authorize Mendocino National Forest and certain land tember 17, 2004; certain projects in the State of Hawaii; administered by the Bureau of Land Manage- (iii) the map entitled ‘‘Horse Linto Unit, as follows: ment in Lake and Mendocino Counties, Cali- Trinity Alps Proposed Wilderness Addition, On page 2, strike lines 1 through 5 and in- fornia, together comprising approximately Six Rivers National Forest’’ and dated Sep- sert the following: 53,887 acres, as generally depicted on the map tember 17, 2004; and SEC. 2. HAWAII RECLAMATION PROJECTS. entitled ‘‘Yuki Proposed Wilderness’’ and (iv) the map entitled ‘‘Red Cap Unit, Trin- dated May 23, 2005, which shall be known as ity Alps Proposed Wilderness Addition, Six (a) IN GENERAL.—The Reclamation Waste- the ‘‘Yuki Wilderness’’. Rivers National Forest’’ and dated June 7, water and Groundwater Study and Facilities (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS 2005. Act (43 U.S.C. 390h et seq.) is amended— ADDITION.—Certain land in the Mendocino (9) UNDERWOOD WILDERNESS.—Certain land (1) by redesignating the second section 1636 National Forest and certain land adminis- in the Six Rivers National Forest, com- (as added by section 1(b) of Public Law 108– tered by the Bureau of Land Management in prising approximately 2,705 acres, as gen- 316 (118 Stat. 1202)) as section 1637; and Mendocino County, California, together com- erally depicted on the map entitled ‘‘Under- (2) by adding at the end the following: prising approximately 27,036 acres, as gen- wood Proposed Wilderness, Six Rivers Na- ‘‘SEC. 1638. HAWAII RECLAMATION PROJECTS. erally depicted on the map entitled ‘‘Middle tional Forest’’ and dated June 28, 2005, which On page 3, strike line 13 and all that fol- Fork Eel, Smokehouse and Big Butte Units, shall be known as the ‘‘Underwood Wilder- lows through the matter following line 14 Yolla Bolly-Middle Eel Proposed Wilderness ness’’. and insert the following: Addition’’ and dated June 7, 2005, is incor- (10) CACHE CREEK WILDERNESS.—Certain is amended by striking the item relating to porated in and shall considered to be a part land administered by the Bureau of Land the second section 1636 (as added by section of the Yolla Bolly-Middle Eel Wilderness, as Management in Lake County, California, 2 of Public Law 108–316 (118 Stat. 1202)) and designated by section 3 of the Wilderness Act comprising approximately 31,025 acres, as inserting the following: (16 U.S.C. 1132). generally depicted on the map entitled ‘‘Sec. 1637. Williamson County, Texas, Water (5) MAD RIVER BUTTES WILDERNESS.—Cer- ‘‘Cache Creek Wilderness Area’’ and dated Recylcing and Reuse Project. tain land in the Six Rivers National Forest, June 16, 2005, which shall be known as the comprising approximately 5,506 acres, as gen- ‘‘Cache Creek Wilderness’’. ‘‘Sec. 1638. Hawaii reclamation projects.’’. erally depicted on the map entitled ‘‘Mad (11) CEDAR ROUGHS WILDERNESS.—Certain Ms. COLLINS (for Mr. River Buttes, Mad River Proposed Wilder- land administered by the Bureau of Land SA 1588. ness’’ and dated June 28, 2005, which shall be Management in Napa County, California, DOMENICI) proposed an amendment to known as the ‘‘Mad River Buttes Wilder- comprising approximately 6,350 acres, as gen- the bill S. 128, to designate certain pub- ness’’. erally depicted on the map entitled ‘‘Cedar lic land in Humboldt, Del Norte, (6) SISKIYOU WILDERNESS ADDITION.— Roughs Wilderness Area’’ and dated Sep- Mendocino, Lake, and Napa Counties in (A) IN GENERAL.—Certain land in the Six tember 27, 2004, which shall be known as the the State of California as wilderness, Rivers National Forest, comprising approxi- ‘‘Cedar Roughs Wilderness’’. to designate certain segments of the mately 44,801 acres, as generally depicted on (12) SOUTH FORK EEL RIVER WILDERNESS.— Black Butte River in Mendocino Coun- the maps described in subparagraph (B), is Certain land administered by the Bureau of incorporated in and shall be considered to be Land Management in Mendocino County, ty, California as a wild or scenic river, a part of the Siskiyou Wilderness, as des- California, comprising approximately 12,915 and for other purposes; as follows: ignated by section 101(a)(30) of the California acres, as generally depicted on the map enti- Strike all after the enacting clause and in- Wilderness Act of 1984 (16 U.S.C. 1132 note; tled ‘‘South Fork Eel River Wilderness Area sert the following: Public Law 98–425). and Elkhorn Ridge Potential Wilderness’’ SECTION 1. SHORT TITLE. (B) DESCRIPTION OF MAPS.—The maps re- and dated June 16, 2005, which shall be This Act may be cited as the ‘‘Northern ferred to in subparagraph (A) are— known as the ‘‘South Fork Eel River Wilder- California Coastal Wild Heritage Wilderness (i) the map entitled ‘‘Bear Basin Butte ness’’. Act’’. Unit, Siskiyou Proposed Wilderness Addi- (13) KING RANGE WILDERNESS.— tions, Six Rivers National Forest’’ and dated (A) IN GENERAL.—Certain land adminis- SEC. 2. DEFINITION OF SECRETARY. June 28, 2005; tered by the Bureau of Land Management in In this Act, the term ‘‘Secretary’’ means— (ii) the map entitled ‘‘Blue Creek Unit, Humboldt and Mendocino Counties, Cali- (1) with respect to land under the jurisdic- Siskiyou Proposed Wilderness Addition, Six fornia, comprising approximately 42,585 tion of the Secretary of Agriculture, the Sec- Rivers National Forest’’ and dated October acres, as generally depicted on the map enti- retary of Agriculture; and 28, 2004; tled ‘‘King Range Wilderness’’, and dated No- (2) with respect to land under the jurisdic- (iii) the map entitled ‘‘Blue Ridge Unit, vember 12, 2004, which shall be known as the tion of the Secretary of the Interior, the Sec- Siskiyou Proposed Wilderness Addition, Six ‘‘King Range Wilderness’’. retary of the Interior. Rivers National Forest’’ and dated June 28, (B) APPLICABLE LAW.—With respect to the SEC. 3. DESIGNATION OF WILDERNESS AREAS. 2005; wilderness designated by subparagraph (A), In accordance with the Wilderness Act (16 (iv) the map entitled ‘‘Broken Rib Unit, in the case of a conflict between this Act and U.S.C. 1131 et seq.), the following areas in the Siskiyou Proposed Wilderness Addition, Six Public Law 91–476 (16 U.S.C. 460y et seq.), the State of California are designated as wilder- Rivers National Forest’’ and dated June 28, more restrictive provision shall control. ness areas and as components of the Na- 2005; and (14) ROCKS AND ISLANDS.— tional Wilderness Preservation System: (v) the map entitled ‘‘Wooly Bear Unit, (A) IN GENERAL.—All Federally-owned (1) SNOW MOUNTAIN WILDERNESS ADDITION.— Siskiyou Proposed Wilderness Addition, Six rocks, islets, and islands (whether named or (A) IN GENERAL.—Certain land in the Rivers National Forest’’ and dated June 28, unnamed and surveyed or unsurveyed) that Mendocino National Forest, comprising ap- 2005. are located— proximately 23,312 acres, as generally de- (7) MOUNT LASSIC WILDERNESS.—Certain (i) not more than 3 geographic miles off the picted on the maps described in subpara- land in the Six Rivers National Forest, com- coast of the King Range National Conserva- graph (B), is incorporated in and shall con- prising approximately 7,279 acres, as gen- tion Area; and sidered to be a part of the ‘‘Snow Mountain erally depicted on the map entitled ‘‘Mt. (ii) above mean high tide. Wilderness’’, as designated by section Lassic Proposed Wilderness’’ and dated June (B) APPLICABLE LAW.—In the case of a con- 101(a)(31) of the California Wilderness Act of 7, 2005, which shall be known as the ‘‘Mount flict between this Act and Proclamation No. 1984 (16 U.S.C. 1132 note; Public Law 98–425). Lassic Wilderness’’. 7264 (65 Fed. Reg. 2821), the more restrictive (B) DESCRIPTION OF MAPS.—The maps re- (8) TRINITY ALPS WILDERNESS ADDITION.— provision shall control. ferred to in subparagraph (A) are— (A) IN GENERAL.—Certain land in the Six SEC. 4. ADMINISTRATION OF WILDERNESS (i) the map entitled ‘‘Skeleton Glade Unit, Rivers National Forest, comprising approxi- AREAS. Snow Mountain Proposed Wilderness Addi- mately 28,805 acres, as generally depicted on (a) MANAGEMENT.—Subject to valid exist- tion, Mendocino National Forest’’ and dated the maps described in subparagraph (B) and ing rights, each area designated as wilder- April 21, 2005; and which is incorporated in and shall be consid- ness by this Act shall be administered by the (ii) the map entitled ‘‘Bear Creek/Deafy ered to be a part of the Trinity Alps Wilder- Secretary in accordance with the Wilderness Glade Unit, Snow Mountain Wilderness Addi- ness as designated by section 101(a)(34) of the Act (16 U.S.C. 1131 et seq.), except that— tion, Mendocino National Forest’’ and dated California Wilderness Act of 1984 (16 U.S.C. (1) any reference in that Act to the effec- April 21, 2005. 1132 note; Public Law 98–425). tive date shall be considered to be a ref- (2) SANHEDRIN WILDERNESS.—Certain land (B) DESCRIPTION OF MAPS.—The maps re- erence to the date of enactment of this Act; in the Mendocino National Forest, com- ferred to in subparagraph (A) are— and prising approximately 10,571 acres, as gen- (i) the map entitled ‘‘Orleans Mountain (2) any reference in that Act to the Sec- erally depicted on the map entitled ‘‘Sanhe- Unit (Boise Creek), Trinity Alps Proposed retary of Agriculture shall be considered to

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.054 S26JYPT1 S9012 CONGRESSIONAL RECORD — SENATE July 26, 2005

be a reference to the Secretary that has ju- this Act, nothing in this Act prevents the in- (b) DESCRIPTION OF STUDY AREAS.—The risdiction over the wilderness. stallation and maintenance of the instru- study areas referred to in subsection (a) (b) MAP AND DESCRIPTION.— mentation within the wilderness areas. are— (1) IN GENERAL.—As soon as practicable (h) MILITARY ACTIVITIES.—Nothing in this (1) the King Range Wilderness Study Area; after the date of enactment of this Act, the Act precludes low-level overflights of mili- (2) the Chemise Mountain Instant Study Secretary shall file a map and a legal de- tary aircraft, the designation of new units of Area; scription of each wilderness area designated special airspace, or the use or establishment (3) the Red Mountain Wilderness Study by this Act with— of military flight training routes over wil- Area; (A) the Committee on Resources of the derness areas designated by this Act. (4) the Cedar Roughs Wilderness Study House of Representatives; and (i) LIVESTOCK.—Grazing of livestock and Area; and (B) the Committee on Energy and Natural the maintenance of existing facilities related (5) those portions of the Rocky Creek/ Resources of the Senate. to grazing in wilderness areas designated by Cache Creek Wilderness Study Area in Lake (2) FORCE OF LAW.—A map and legal de- this Act, where established before the date of County, California which are not in R. 5 W., scription filed under paragraph (1) shall have enactment of this Act, shall be permitted to T. 12 N., sec. 22, Mount Diablo Meridian. continue in accordance with— the same force and effect as if included in (c) RELEASE.—Any portion of a wilderness this Act, except that the Secretary may cor- (1) section 4(d)(4) of the Wilderness Act (16 study area described in subsection (b) that is rect errors in the map and legal description. U.S.C. 1133(d)(4)); and not designated as wilderness by this Act or (3) PUBLIC AVAILABILITY.—Each map and (2) the guidelines set forth in Appendix A any other Act enacted before the date of en- legal description filed under paragraph (1) of the report of the Committee on Interior actment of this Act shall not be subject to shall be filed and made available for public and Insular Affairs of the House of Rep- section 603(c) of the Federal Land Policy and inspection in the appropriate office of the resentatives accompanying H.R. 2570 of the Management Act of 1976 (43 U.S.C. 1782(c)). 101st Congress (H. Rept. 101–405). Secretary. SEC. 6. ELKHORN RIDGE POTENTIAL WILDER- (j) FISH AND WILDLIFE MANAGEMENT.— (c) INCORPORATION OF ACQUIRED LAND AND NESS AREA. INTERESTS.—Any land within the boundary (1) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et (a) DESIGNATION.—In furtherance of the of a wilderness area designated by this Act purposes of the Wilderness Act (16 U.S.C. 1131 that is acquired by the Federal Government seq.), the Secretary may carry out management activities to maintain or restore fish et seq.), certain public land in the State ad- shall— ministered by the Bureau of Land Manage- (1) become part of the wilderness area in and wildlife populations and fish and wildlife habitats in wilderness areas designated by ment, compromising approximately 11,271 which the land is located; and acres, as generally depicted on the map enti- (2) be managed in accordance with this this Act if such activities are— (A) consistent with applicable wilderness tled ‘‘South Fork Eel River Wilderness Area Act, the Wilderness Act (16 U.S.C. 1131 et and Elkhorn Ridge Potential Wilderness’’ seq.), and any other applicable law. management plans; and (B) carried out in accordance with applica- and dated June 16, 2005, is designated as a po- (d) WITHDRAWAL.—Subject to valid rights tential wilderness area. in existence on the date of enactment of this ble guidelines and policies. (b) MANAGEMENT.—Except as provided in Act, the Federal land designated as wilder- (2) STATE JURISDICTION.—Nothing in this Act affects the jurisdiction of the State of subsection (c) and subject to valid existing ness by this Act is withdrawn from all forms rights, the Secretary shall manage the po- of— California with respect to fish and wildlife tential wilderness area as wilderness until (1) entry, appropriation, or disposal under on the public land located in the State. the potential wilderness area is designated the public land laws; (k) USE BY MEMBERS OF INDIAN TRIBES.— as wilderness. (2) location, entry, and patent under the (1) ACCESS.—In recognition of the past use (c) ECOLOGICAL RESTORATION.— mining laws; and of wilderness areas designated by this Act by members of Indian tribes for traditional cul- (1) IN GENERAL.—For purposes of ecological (3) disposition under all laws pertaining to restoration (including the elimination of mineral and geothermal leasing or mineral tural and religious purposes, the Secretary shall ensure that Indian tribes have access to non-native species, removal of illegal, un- materials. used, or decommissioned roads, repair of (e) FIRE, INSECT, AND DISEASE MANAGEMENT the wilderness areas for traditional cultural skid tracks, and any other activities nec- ACTIVITIES.— and religious purposes. essary to restore the natural ecosystems in (1) IN GENERAL.—The Secretary may take (2) TEMPORARY CLOSURES.— the potential wilderness area), the Secretary such measures in the wilderness areas des- (A) IN GENERAL.—In carrying out this sec- may used motorized equipment and mecha- ignated by this Act as are necessary for the tion, the Secretary, on request of an Indian nized transport in the potential wilderness control and prevention of fire, insects, and tribe, may temporarily close to the general area until the potential wilderness area is diseases, in accordance with— public 1 or more specific portions of a wilder- designated as wilderness. (A) section 4(d)(1) of the Wilderness Act (16 ness area to protect the privacy of the mem- (2) LIMITATION.—To the maximum extent U.S.C. 1133(d)(1)); and bers of the Indian tribe in the conduct of the practicable, the Secretary shall use the min- (B) House Report No. 98–40 of the 98th Con- traditional cultural and religious activities imum tool or administrative practice nec- gress. in the wilderness area. essary to accomplish ecological restoration (2) REVIEW.—Not later than 1 year after the (B) REQUIREMENT.—Any closure under sub- with the least amount of adverse impact on date of enactment of this Act, the Secretary paragraph (A) shall be made in such a man- wilderness character and resources. shall review existing policies applicable to ner as to affect the smallest practicable area (d) WILDERNESS DESIGNATION.— the wilderness areas designated by this Act for the minimum period of time necessary (1) IN GENERAL.—The potential wilderness to ensure that authorized approval proce- for the activity to be carried out. area shall be designated as wilderness and as dures for any fire management measures (3) APPLICABLE LAW.—Access to the wilder- a component of the National Wilderness allow a timely and efficient response to fire ness areas under this subsection shall be in Preservation System on the earlier of— emergencies in the wilderness areas. accordance with— (f) ACCESS TO PRIVATE PROPERTY.— (A) Public Law 95–341 (commonly known as (A) the date on which the Secretary pub- (1) IN GENERAL.—The Secretary shall pro- the ‘‘American Indian Religious Freedom lishes in the Federal Register notice that the vide any owner of private property within Act’’) (42 U.S.C. 1996 et seq.); and conditions in the potential wilderness area the boundary of a wilderness area designated (B) the Wilderness Act (16 U.S.C. 1131 et that are incompatible with the Wilderness by this Act adequate access to such property seq.). Act (16 U.S.C. 1131 et seq.) have been re- to ensure the reasonable use and enjoyment (l) ADJACENT MANAGEMENT.— moved; or of the property by the owner. (1) IN GENERAL.—Nothing in this Act cre- (B) the date that is 5 years after the date (2) KING RANGE WILDERNESS.— ates protective perimeters or buffer zones of enactment of this Act. DMINISTRATION (A) IN GENERAL.—Subject to subparagraph around any wilderness area designated by (2) A .—On designation as (B), within the wilderness designated by sec- this Act. wilderness under paragraph (1), the potential tion 3(13), the access route depicted on the (2) NONWILDERNESS ACTIVITIES.—The fact wilderness area shall be— map for private landowners shall also be that nonwilderness activities or uses can be (A) known as the ‘‘Elkhorn Ridge Wilder- available for invitees of the private land- seen or heard from areas within a wilderness ness’’; and owners. area designated by this Act shall not pre- (B) administered in accordance with this (B) LIMITATION.—Nothing in subparagraph clude the conduct of those activities or uses Act and the Wilderness Act (16 U.S.C. 1131 et (A) requires the Secretary to provide any ac- outside the boundary of the wilderness area. seq.). cess to the landowners or invitees beyond SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. SEC. 7. WILD AND SCENIC RIVER DESIGNATION. the access that would be available if the wil- (a) FINDING.—Congress finds that, for the (a) DESIGNATION OF BLACK BUTTE RIVER, derness had not been designated. purposes of section 603 of the Federal Land CALIFORNIA.—Section 3(a) of the Wild and (g) SNOW SENSORS AND STREAM GAUGES.—If Policy and Management Act of 1976 (43 Scenic Rivers Act (16 U.S.C. 1274(a)) is the Secretary determines that hydrologic, U.S.C. 1782), any portion of a wilderness amended by adding at the end the following: meteorologic, or climatological instrumen- study area described in subsection (b) that is ‘‘(167) BLACK BUTTE RIVER, CALIFORNIA.— tation is appropriate to further the sci- not designated as wilderness by this Act or The following segments of the Black Butte entific, educational, and conservation pur- any previous Act has been adequately stud- River in the State of California, to be admin- poses of the wilderness areas designated by ied for wilderness. istered by the Secretary of Agriculture:

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.054 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9013 ‘‘(A) The 16 miles of Black Butte River, may provide funds to the Bass Lake Joint Public Lands Management Act of 1996 (16 from the Mendocino County Line to its con- Union Elementary School District and the U.S.C. 346e) is amended— fluence with Jumpoff Creek, as a wild river. Mariposa Unified School District in the (1) in the heading by inserting ‘‘and yosemite ‘‘(B) The 3.5 miles of Black Butte River State of California for educational services national park’’ after ‘‘zion national park’’; from its confluence with Jumpoff Creek to to students— (2) in the first sentence— its confluence with Middle Eel River, as a (A) who are dependents of persons engaged (A) by inserting ‘‘and Yosemite National scenic river. in the administration, operation, and main- Park’’ after ‘‘Zion National Park’’; and ‘‘(C) The 1.5 miles of Cold Creek from the tenance of Yosemite National Park; or (B) by inserting ‘‘for transportation sys- Mendocino County Line to its confluence (B) who live within or near the park upon tems or’’ after ‘‘appropriated funds’’; and with Black Butte River, as a wild river.’’. real property owned by the United States. (3) in the second sentence by striking ‘‘fa- (b) PLAN; REPORT.— (2) The Secretary’s authority to make pay- cilities’’ and inserting ‘‘systems or facili- (1) IN GENERAL.—Not later than 18 months ments under this section shall terminate if ties’’. after the date of enactment of this Act, the the State of California or local education (b) CLARIFYING AMENDMENT FOR TRANSPOR- Secretary of Agriculture shall submit to agencies do not continue to provide funding TATION FEE AUTHORITY.—Section 501 of the Congress— to the schools referred to in subsection (a) at National Parks Omnibus Management Act of (A) a fire management plan for the Black per student levels that are no less than the 1998 (16 U.S.C. 5981) is amended in the first Butte River segments designated by the amount provided in fiscal year 2005. sentence by striking ‘‘service contract’’ and amendment under subsection (a); and (b) LIMITATION ON USE OF FUNDS.—Pay- inserting ‘‘service contract, cooperative (B) a report on the cultural and historic re- ments made under this section shall only be agreement, or other contractual arrange- sources within those segments. used to pay public employees for educational ment’’. (2) TRANSMITTAL TO COUNTY.—The Sec- services provided in accordance with sub- TITLE II—RANCHO CORRAL DE TIERRA retary of Agriculture shall transmit to the section (a). Payments may not be used for GOLDEN GATE NATIONAL RECREATION Board of Supervisors of Mendocino County, construction, construction contracts, or AREA BOUNDARY ADJUSTMENT California, a copy of the plan and report sub- major capital improvements. SEC. 201. SHORT TITLE. mitted under paragraph (1). (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- ments made under this section shall not ex- This title may be cited as the ‘‘Rancho SEC. 8. KING RANGE NATIONAL CONSERVATION Corral de Tierra Golden Gate National AREA BOUNDARY ADJUSTMENT. ceed the lesser of— Recreation Area Boundary Adjustment Act’’. Section 9 of Public Law 91–476 (16 U.S.C. (1) $400,000 in any fiscal year; or 460y–8) is amended by adding at the end the (2) the amount necessary to provide stu- SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA. following: dents described in subsection (a) with edu- ‘‘(d) In addition to the land described in cational services that are normally provided Section 2(a) of Public Law 92–589 (16 U.S.C. subsections (a) and (c), the land identified as and generally available to students who at- 460bb–1(a)) is amended— the King Range National Conservation Area tend public schools elsewhere in the State of (1) by striking ‘‘The recreation area shall Additions on the map entitled ‘King Range California. comprise’’ and inserting the following: Wilderness’ and dated November 12, 2004, is (d) SOURCE OF PAYMENTS.—(1) Except as ‘‘(1) INITIAL LANDS.—The recreation area included in the Area.’’. otherwise provided in this subsection, the shall comprise’’; and Secretary may use funds available to the Na- (2) by striking ‘‘The following additional SA 1589. Ms. COLLINS (for Mr. tional Park Service from appropriations, do- lands are also’’ and all that follows through nations, or fees. the period at the end of the subsection and DOMENICI) proposed an amendment to (2) Funds from the following sources shall inserting the following new paragraphs: the bill S. 136, to authorize the Sec- not be used to make payments under this ‘‘(2) ADDITIONAL LANDS.—In addition to the retary of the Interior to provide sup- section: lands described in paragraph (1), the recre- plemental funding and other services (A) Any law authorizing the collection or ation area shall include the following: that are necessary to assist certain expenditure of entrance or use fees at units ‘‘(A) The parcels numbered by the Assessor local school districts in the State of of the National Park System, including— of Marin County, California, 119–040–04, 119– California in providing educational (i) the Land and Water Conservation Fund 040–05, 119–040–18, 166–202–03, 166–010–06, 166– services for students attending schools Act of 1965 (16 U.S.C. 460l–4 et seq.); and 010–07, 166–010–24, 166–010–25, 119–240–19, 166– 010–10, 166–010–22, 119–240–03, 119–240–51, 119– located within Yosemite National (ii) the Federal Lands Recreation Enhance- ment Act (16 U.S.C. 6801 et seq.). 240–52, 119–240–54, 166–010–12, 166–010–13, and Park, to authorize the Secretary of the (B) Any unexpended receipts collected 119–235–10. Interior to adjust the boundaries of the through— ‘‘(B) Lands and waters in San Mateo Coun- Golden Gate National Recreation Area, (i) the recreational fee demonstration pro- ty generally depicted on the map entitled to adjust the boundaries of Redwood gram established under section 315 of the De- ‘Sweeney Ridge Addition, Golden Gate Na- National Park, and for other purposes; partment of the Interior and Related Agen- tional Recreation Area’, numbered NRA GG– as follows: cies Appropriations Act, 1996 (16 U.S.C. 460l– 80,000–A, and dated May 1980. 6a note; Public Law 104–134); or ‘‘(C) Lands acquired under the Golden Gate Strike all after the enacting clause and in- (ii) the national park passport program es- National Recreation Area Addition Act of sert the following: tablished under section 602 of the National 1992 (16 U.S.C. 460bb–1 note; Public Law 102– SECTION 1. TABLE OF CONTENTS. Parks Omnibus Management Act of 1998 (16 299). The table of contents of this Act is as fol- U.S.C. 5992). ‘‘(D) Lands generally depicted on the map lows: (C) Emergency appropriations for flood re- entitled ‘Additions to Golden Gate National Sec. 1. Table of contents. covery at Yosemite National Park. Recreation Area’, numbered NPS–80–076, and TITLE I—YOSEMITE NATIONAL PARK (3)(A) The Secretary may use an author- dated July 2000/PWR–PLRPC. AUTHORIZED PAYMENTS ized funding source to make payments under ‘‘(E) Lands generally depicted on the map Sec. 102. Payments for educational services. this section only if the funding available to entitled ‘Rancho Corral de Tierra Additions Sec. 103. Authorization for park facilities to Yosemite National Park from such source to the Golden Gate National Recreation be located outside the bound- (after subtracting any payments to the Area’, numbered NPS–80,079E, and dated aries of Yosemite National school districts authorized under this sec- March 2004. Park. tion) is greater than or equal to the amount ‘‘(3) ACQUISITION LIMITATION.—The Sec- made available to the park for the prior fis- retary may acquire land described in para- TITLE II—RANCHO CORRAL DE TIERRA cal year, or in fiscal year 2005, whichever is graph (2)(E) only from a willing seller.’’. GOLDEN GATE NATIONAL RECREATION greater. AREA BOUNDARY ADJUSTMENT TITLE III—REDWOOD NATIONAL PARK (B) It is the sense of Congress that any BOUNDARY ADJUSTMENT Sec. 201. Short title. payments made under this section should Sec. 202. Golden Gate National Recreation not result in a reduction of funds to Yosem- SEC. 301. SHORT TITLE. Area, California. ite National Park from any specific funding This title may be cited as the ‘‘Redwood National Park Boundary Adjustment Act of TITLE III—REDWOOD NATIONAL PARK source, and that with respect to appropriated 2005’’. BOUNDARY ADJUSTMENT. funds, funding levels should reflect annual SEC. 302. REDWOOD NATIONAL PARK BOUNDARY Sec. 301. Short title. increases in the park’s operating base funds that are generally made to units of the Na- ADJUSTMENT. Sec. 302. Redwood National Park boundary Section 2(a) of the Act of Public Law 90–545 adjustment. tional Park System. SEC. 102. AUTHORIZATION FOR PARK FACILITIES (16 U.S.C. 79b(a)) is amended— TITLE I—YOSEMITE NATIONAL PARK TO BE LOCATED OUTSIDE THE (1) in the first sentence, by striking ‘‘(a) AUTHORIZED PAYMENTS BOUNDARIES OF YOSEMITE NA- The area’’ and all that follows through the SEC. 101. PAYMENTS FOR EDUCATIONAL SERV- TIONAL PARK. period at the end and inserting the following: ICES. (a) FUNDING AUTHORITY FOR TRANSPOR- ‘‘(a)(1) The Redwood National Park consists (a) IN GENERAL.—(1) For fiscal years 2006 TATION SYSTEMS AND EXTERNAL FACILITIES.— of the land generally depicted on the map en- through 2009, the Secretary of the Interior Section 814(c) of the Omnibus Parks and titled ‘Redwood National Park, Revised

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Boundary’, numbered 167/60502, and dated ‘‘(d) JURISDICTION OF THE STATE OF NEW In lieu of the matter proposed to be in- February, 2003.’’; MEXICO.—The State of New Mexico shall serted, insert the following: (2) by inserting after paragraph (1) (as des- have jurisdiction over any offense com- (3) REPORT.— ignated by paragraph (1)) the following: mitted by a person who is not a member of (A) IN GENERAL.—The Secretary of Defense ‘‘(2) The map referred to in paragraph (1) a Pueblo or an Indian as defined in title 25, shall submit to the Committee on Armed shall be— sections 1301(2) and 1301(4), which offense is Services and the Committee on Small Busi- ‘‘(A) on file and available for public inspec- not subject to the jurisdiction of the United ness and Entrepreneurship of the Senate and tion in the appropriate offices of the Na- States.’’. the Committee on Armed Services and the tional Park Service; and Committee on Small Business of the House ‘‘(B) provided by the Secretary of the Inte- SA 1592. Mr. BINGAMAN submitted of Representatives on an annual basis a re- rior to the appropriate officers of Del Norte an amendment intended to be proposed port setting forth the research programs and Humboldt Counties, California.’’; and to amendment SA 1505 submitted by identified under paragraph (1) during the pre- (3) in the second sentence— Mr. GRAHAM (for himself, Mr. WARNER, ceding year. (A) by striking ‘‘The Secretary’’ and in- and Mr. MCCAIN) to the bill S. 1042, to (B) CONTENTS.—Each report under subpara- serting the following: authorize appropriations for fiscal year graph (A) shall include, for the year covered ‘‘(3) The Secretary;’’and 2006 for military activities of the De- by such report, a description of— (B) by striking ‘‘one hundred and six thou- (i) the incentives and actions taken by sand acres’’ and inserting ‘‘133,000 acres’’. partment of Defense, for military con- prime contractors and program managers to struction, and for defense activities of increase Phase III awards under the Small SA 1590. Ms. COLLINS (for Mr. the Department of Energy, to prescribe Business Innovation Research Program; and DOMENICI) proposed an amendment to personnel strengths for such fiscal year (ii) the requirements intended to be met by the bill S. 136, to authorize the Sec- for the Armed Forces, and for other each program identified in the report. retary of the Interior to provide sup- purposes; which was ordered to lie on (4) FUNDING AUTHORITY.— plemental funding and other services the table; as follows: (A) IN GENERAL.—The Secretary of each that are necessary to assist certain On Page 4, line 15, insert military department is authorized to use not local school districts in the State of ‘‘(d) FINAL DISPOSITION.—Not later than 2 more than an amount equal to 1 percent of years after a determination is made that the the funds available to the military depart- California in providing educational ment in each fiscal year for the Small Busi- services for students attending schools person detained is an unlawful enemy combatant, the person must be either charged in ness Innovation Research Program for the located within Yosemite National an appropriate district court of the United accelerated process described in paragraph Park, to authorize the Secretary of the States, an international criminal tribunal, a (1) to transition programs that have success- Interior to adjust the boundaries of the United States military tribunal, or repatri- fully completed Phase II of the Small Busi- Golden Gate National Recreation Area, ated to the country in which the person was ness Innovation Research Program to Phase to adjust the boundaries of Redwood first detained or the person’s country of ori- III of the Program. National Park, and for other purposes; gin, except where there are grounds to be- (B) TERM.—The funding authority under subparagraph (A) shall terminate not later as follows: lieve that the person would be in danger of being subjected to torture. With regard to than 3 years after the date on which the ac- Amend the title so as to read: ‘‘To author- detainees currently deemed unlawful enemy celerated transition program under para- ize the Secretary of the Interior to provide combatants before the enactment of this sec- graph (1) is initiated. supplemental funding and other services that tion, the United States has 180 days to dis- (C) EXEMPTION.—The Phase III program ac- are necessary to assist certain local school pose of the person’s case under this sub- tivities authorized by this subsection shall districts in the State of California in pro- section. not be subject to the limitations on the use viding educational services for students at- of funds in section 9(f)(2) of the Small Busi- tending schools located within Yosemite Na- SA 1593. Mr. KERRY submitted an ness Act (15 U.S.C. 638). tional Park, to authorize the Secretary of amendment intended to be proposed to the Interior to adjust the boundaries of the Golden Gate National Recreation Area, to amendment SA 1522 submitted by Mrs. SA 1595. Mr. GRAHAM (for himself adjust the boundaries of Redwood National DOLE and intended to be proposed to and Mr. KYL) submitted an amendment Park, and for other purposes.’’ . the bill S. 1042, to authorize appropria- intended to be proposed to amendment tions for fiscal year 2006 for military SA 1505 submitted by Mr. GRAHAM (for SA 1591. Ms. COLLINS (for Mr. activities of the Department of De- himself, Mr. WARNER, and Mr. MCCAIN) DOMENICI (for himself and Mr. BINGA- fense, for military construction, and to the bill S. 1042, to authorize appro- MAN)) proposed an amendment to the for defense activities of the Depart- priations for fiscal year 2006 for mili- bill S. 279, to amend the Act of June 7, ment of Energy, to prescribe personnel tary activities of the Department of 1924, to provide for the exercise of strengths for such fiscal year for the Defense, for military construction, and criminal jurisdiction; as follows: Armed Forces, and for other purposes; for defense activities of the Depart- Strike all after the enacting clause and in- which was ordered to lie on the table; ment of Energy, to prescribe personnel sert the following: as follows: strengths for such fiscal year for the SECTION 1. INDIAN PUEBLO LAND ACT AMEND- At the end of the matter proposed to be in- Armed Forces, and for other purposes; MENTS. serted, add the following: The Act of June 7, 1924 (43 Stat. 636, chap- which was ordered to lie on the table; (c) REPORT.—Not later than September 30, as follows: ter 331), is amended by adding at the end the 2006, the Secretary of Defense shall submit a following: report to the Committee on Small Business At the end, add the following: ‘‘SEC. 20. CRIMINAL JURISDICTION. of the Senate and the Committee on Small SEC. 1074. REVIEW OF DETENTION OF ENEMY N ENERAL ‘‘(a) I G .—Except as otherwise pro- Business of the House of Representatives re- COMBATANTS. vided by Congress, jurisdiction over offenses garding the implementation of the training committed anywhere within the exterior (a) DETENTION OF ENEMY COMBATANTS.— programs under this section, including an as- Section 2241 of title 28, United States Code, boundaries of any grant from a prior sov- sessment of the need for additional personnel ereign, as confirmed by Congress or the is amended by adding at the end the fol- in the defense acquisition workforce to carry lowing: Court of Private Land Claims to a Pueblo In- out the requirements of this section. dian tribe of New Mexico, shall be as pro- ‘‘(e) No court, justice, or judge shall have vided in this section. SA 1594. Mr. KERRY submitted an jurisdiction to consider— ‘‘(b) JURISDICTION OF THE PUEBLO.—The amendment intended to be proposed to ‘‘(1) an application for a writ of habeas cor- pus filed on behalf of an alien who is de- Pueblo has jurisdiction, as an act of the amendment SA 1499 submitted by Mr. Pueblos’ inherent power as an Indian tribe, tained as an enemy combatant by the United over any offense committed by a member of KERRY and intended to be proposed to States Government; or the Pueblo or an Indian as defined in title 25, the bill S. 1042, to authorize appropria- ‘‘(2) any other action challenging any as- sections 1301(2) and 1301(4), or by any other tions for fiscal year 2006 for military pect of the detention of an alien who is de- Indian-owned entity. activities of the Department of De- tained by the Secretary of Defense as an ‘‘(c) JURISDICTION OF THE UNITED STATES.— fense, for military construction, and enemy combatant, if the alien has been af- The United States has jurisdiction over any for defense activities of the Depart- forded an opportunity to challenge his deten- offense described in chapter 53 of title 18, ment of Energy, to prescribe personnel tion pursuant to the procedures specified in United States Code, committed by or against paragraphs (1) and (2) of section 1073(b) of the an Indian as defined in title 25, sections strengths for such fiscal year for the National Defense Authorization Act for Fis- 1301(2) and 1301(4) or any Indian-owned enti- Armed Forces, and for other purposes; cal Year 2006, to the extent modified by the ty, or that involves any Indian property or which was ordered to lie on the table; President pursuant to the authority in para- interest. as follows: graph (3) of such section.’’.

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(b) EFFECTIVE DATE.—The amendment ‘‘(17) Services of mental health counselors, (A) phased elimination of the bar on mili- made by subsection (a) shall apply to any ap- except that— tary retirees concurrently receiving military plication or other action pending on or after ‘‘(A) such services are limited to services retired pay and veterans’ disability; the date of the enactment of this Act. provided by counselors who are licensed (B) phased elimination of the reduction in under applicable State law to provide mental Survivor Benefit Plan benefits when bene- SA 1596. Mr. COBURN submitted an health services; ficiaries reach age 62; amendment intended to be proposed to ‘‘(B) such services may be provided inde- (C) provision of Survivor Benefit Plan cov- amendment SA 762 proposed by Mr. pendently of medical oversight and super- erage at no cost to all military members NELSON of Florida (for himself, Mr. vision only in areas identified by the Sec- serving on active duty; (D) an increase in the death gratuity to HAGEL, Mr. CORZINE, Mr. NELSON of Ne- retary as ‘medically underserved areas’ where the Secretary determines that 25 per- $100,000; and braska, Mr. SMITH, Ms. CANTWELL, Mr. cent or more of the residents are located in (E) an increase in the maximum available DAYTON, Mr. KERRY, Ms. LANDRIEU, Ms. primary shortage areas designated pursuant benefit under Servicemembers’ Group Life MIKULSKI, Mrs. MURRAY, Ms. to section 332 of the Public Health Services Insurance to $400,000. STABENOW, Mrs. BOXER, Mr. PRYOR, Mr. Act (42 U.S.C. 254e); and (2) In carrying out its study, the Commis- DURBIN, Mr. JEFFORDS, Mr. JOHNSON, ‘‘(C) the provision of such services shall be sion is required to examine and make rec- and Mr. SALAZAR) to the bill S. 1042, to consistent with such rules as may be pre- ommendations concerning the appropriate- authorize appropriations for fiscal year scribed by the Secretary of Defense, includ- ness of veterans’ benefits under the laws in ing criteria applicable to credentialing or effect on November 24, 2003, and the level of 2006 for military activities of the De- such benefits. partment of Defense, for military con- certification of mental health counselors and a requirement that mental health counselors (3) The study to be carried out by the Com- struction, and for defense activities of accept payment under this section as full mission, under its legislative charter, must the Department of Energy, to prescribe payment for all services provided pursuant be a comprehensive evaluation and assess- personnel strengths for such fiscal year to this paragraph.’’. ment of the benefits provided under the laws for the Armed Forces, and for other (b) AUTHORITY TO ENTER INTO PERSONAL of the United States to compensate veterans purposes; which was ordered to lie on SERVICES CONTRACTS.—Section 704(c)(2) of and their survivors for disability or death attributable to military service together with the table; as follows: the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 any related issues that the commission de- At the end, add the following: Stat. 2799; 10 U.S.C. 1091 note) is amended by termines are relevant to the purposes of the SEC. ll. CURTAILMENT OF WASTE UNDER DE- inserting ‘‘mental health counselors,’’ after study. PARTMENT OF DEFENSE WEB-BASED ‘‘psychologists,’’. (4) Not later than 15 months after the date TRAVEL SYSTEM. on which the Commission first met on May 8, (a) PROHIBITION ON USE OF FUNDS.—No SA 1598. Mr. WARNER submitted an 2005, the Commission is required to submit funds available to the Department of Defense amendment intended to be proposed to to the President and Congress a report on may be obligated or expended after October amendment SA 762 proposed by Mr. the study that shall include the findings and 1, 2005, for the further development, deploy- NELSON of Florida (for himself, Mr. conclusions of the Commission and rec- ment, or operation of any web-based, end-to- ommendations of the commission for revis- HAGEL, Mr. CORZINE, Mr. NELSON of Ne- end travel management system, or services ing the benefits provided by the United under any contract for such travel services braska, Mr. SMITH, Ms. CANTWELL, Mr. States to veterans and their survivors for that provides for payment by the Depart- DAYTON, Mr. KERRY, Ms. LANDRIEU, Ms. disability and death attributable to military ment of Defense to the service provider MIKULSKI, Mrs. MURRAY, Ms. service. above, or in addition to, a fixed price trans- STABENOW, Mrs. BOXER, Mr. PRYOR, Mr. (c) ADDITIONAL MATTER FOR COMMISSION action fee for eTravel services under the DURBIN, Mr. JEFFORDS, Mr. JOHNSON, STUDY.—Section 1501(c) of the National De- General Services Administration eTravel and Mr. SALAZAR) to the bill S. 1042, to fense Authorization Act for Fiscal Year 2004 contract. authorize appropriations for fiscal year (117 Stat. 1678; 38 U.S.C. 1101 note) is amend- (b) CONSTRUCTION OF PROHIBITION.—Noth- 2006 for military activities of the De- ed by adding at the end the following new ing in subsection (a) shall be construed as re- paragraph: stricting the ability of the Department of partment of Defense, for military con- ‘‘(4) The laws and regulations for deter- Defense from obtaining eTravel services struction, and for defense activities of mining eligibility for dependency and indem- from any provider under the General Serv- the Department of Energy, to prescribe nity compensation under chapter 13 of title ices Administration eTravel contract, pro- personnel strengths for such fiscal year 38, United States Code, and for benefits vided that— for the Armed Forces, and for other under the Survivor Benefit Plan under sub- (1) such provider receives no payment for purposes; which was ordered to lie on chapter II of chapter 73 of title 10, United such services above, or in addition to, a fixed the table; as follows: States Code.’’. price transaction fee; and In lieu of the matter proposed to be in- SA 1599. Mr. WARNER submitted an (2) such provider provides to the Depart- serted, insert the following: ment of Defense a written guarantee that all amendment intended to be proposed to SECTION ll. REQUIREMENT FOR DETERMINA- commercial air travel is secured at the low- TION BY VETERANS’ DISABILITY amendment SA 1366 submitted by Mr. est available price, consistent with Federal BENEFITS COMMISSION REGARDING FEINGOLD and intended to be proposed Travel Regulations and the mission objec- REQUIREMENT OF REDUCTION OF to the bill S. 1042, to authorize appro- tive of the traveler. SBP SURVIVOR ANNUITIES BY DE- priations for fiscal year 2006 for mili- PENDENCY AND INDEMNITY COM- tary activities of the Department of SA 1597. Mr. WARNER submitted an PENSATION BEFORE CHANGES TO amendment intended to be proposed to THOSE BENEFITS MAY BE IMPLE- Defense, for military construction, and MENTED. for defense activities of the Depart- amendment SA 1524 submitted by Mrs. (a) FINDING.—Congress finds that the Vet- ment of Energy, to prescribe personnel DOLE (for herself, Mr. LAUTENBERG, Mr. erans’ Disability Benefits Commission (in strengths for such fiscal year for the KENNEDY, Mr. DEWINE, Ms. LANDRIEU, this section referred to as the ‘‘Commis- Armed Forces, and for other purposes; Mr. CHAFEE, Ms. MIKULSKI, Mr. sion’’) established by section 1501 of the Na- tional Defense Authorization Act for Fiscal which was ordered to lie on the table; CHAMBLISS, and Mr. DURBIN) and in- as follows: tended to be proposed to the bill S. Year 2004 (Public Law 108–136; 117 Stat. 1676; 38 U.S.C. 1101 note) is currently performing a In lieu of the matter proposed to be in- 1042, to authorize appropriations for comprehensive review and study of the bene- serted, insert the following: fiscal year 2006 for military activities fits provided under the laws of the United SEC. ll. REPORTS ON IMPROVEMENTS IN TRAN- of the Department of Defense, for mili- States to compensate and assist veterans SITION ASSISTANCE PROGRAMS. tary construction, and for defense ac- and their survivors for disabilities and (a) FINDINGS.—Congress makes the fol- tivities of the Department of Energy, deaths attributable to military service, and lowing findings: to prescribe personnel strengths for that the Commission should be required to (1) The Comptroller General of the United such fiscal year for the Armed Forces, make findings and submit recommendations States, pursuant to section 598 of the Ronald regarding the integration of benefits under W. Reagan National Defense Authorization and for other purposes; which was or- the Survivor Benefit Plan and Dependency Act for Fiscal Year 2005 (Public Law 108–375; dered to lie on the table; as follows: and Indemnity Compensation prior to 118 Stat. 1938), performed a study (GAO–05– In lieu of the matter proposed to be in- changes in the laws controlling those bene- 544, entitled ‘‘Enhanced Services Could Im- serted, insert the following: fits are implemented. prove Transition Assistance for Reserves and SEC. 718. MENTAL HEALTH COUNSELORS UNDER (b) FURTHER FINDINGS.—Congress makes National Guard’’) on transition assistance TRICARE. the following further findings: programs for members separating from the (a) IN GENERAL.—Section 1079(a) of title 10, (1) Significant changes have been enacted Armed Forces. United States Code, is amended by adding at since 2003 in the laws affecting veterans, re- (2) The Comptroller General found that the end the following new paragraph: tiree, and survivor benefits, including— Federal agencies, including the Department

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.060 S26JYPT1 S9016 CONGRESSIONAL RECORD — SENATE July 26, 2005 of Defense, the Department of Veterans Af- (1) an unforeseen emergency exists in that ments made by this title), the Secretary may fairs, and the Department of Labor, have country that requires the immediate provi- prohibit a registrant that is required to pay taken actions to improve transition assist- sion of such assistance; and a user fee under section ll4(e)(9) of this ance program content and increase partici- (2) the provision of such assistance is in title and that fails to pay such user fee with- pation among full-time active duty military the national security interests of the United in 30 days after the date on which it is due, personnel. States. from importing or offering for importation a (3) The Comptroller General found, how- (b) LIMITATION.—The aggregate value of as- prescription drug under section 804 of the ever, that there are often significant chal- sistance provided under the authority of this Federal Food, Drug, and Cosmetic Act (as lenges serving Reserve and National Guard section may not exceed $200,000,000. added by this title) until such fee is paid. members because of their rapid demobiliza- (c) COMPLEMENTARY AUTHORITY.—The au- tion. thority to provide assistance under this sec- SA 1602. Mr. HATCH (for himself, Mr. (4) The Comptroller General recommended tion shall be in addition to any other author- INHOFE, Mr. BENNETT, and Mr. that the Department of Defense, in conjunc- ity to provide assistance to a foreign coun- CHAMBLISS) submitted an amendment tion with the Department of Labor and the try. intended to be proposed to amendment Department of Veterans Affairs, determine (d) EXPIRATION.—The authority to provide SA 1567 submitted by Mr. WARNER and what demobilizing Reserve and National assistance and transfer funds under this sec- intended to be proposed to the bill S. Guard members need to make a smooth tran- tion shall expire on September 30, 2006. 1042, to authorize appropriations for sition and explore options to enhance their SA 1601. Mr. VITTER submitted an fiscal year 2006 for military activities participation in transition assistance proof the Department of Defense, for mili- grams. amendment intended to be proposed by (5) In addition, the Comptroller General him to the bill S. 1042, to authorize ap- tary construction, and for defense ac- recommended that the Department of Vet- propriations for fiscal year 2006 for tivities of the Department of Energy, erans Affairs take actions to determine the military activities of the Department to prescribe personnel strengths for level of participation in disabled transition of Defense, for military construction, such fiscal year for the Armed Forces, assistance programs to ensure those who and for defense activities of the De- and for other purposes; which was or- may have especially complex needs are being dered to lie on the table; as follows: served. partment of Energy, to prescribe personnel strengths for such fiscal year At the appropriate place in Amendment (b) REPORTS ON TRANSITION ASSISTANCE 1567 insert the following: for the Armed Forces, and for other PROGRAMS.— SEC. ll. SENSE OF THE SENATE REGARDING (1) REPORT ON EFFECTIVE FUNCTION OF ALL purposes; which was ordered to lie on DEPOT MAINTENANCE. PROGRAMS.—Not later than 60 days after the the table; as follows: (a) FINDINGS.—The Senate finds that— date of enactment of this Act, the Secretary At the end of the amendment, insert the (1) the Depot Maintenance Strategy and of Defense, in consultation with the Sec- following: Master Plan of the Air Force reflects the es- retary of Labor and the Secretary of Vet- SEC. ll. EFFECT OF CERTAIN PROVISIONS. sential requirements for the Air Force to erans Affairs, shall submit to Congress a re- (a) COUNTERFEIT-RESISTANT TECH- maintain a ready and controlled source of or- port on the actions that the Secretary has NOLOGIES.— ganic technical competence, thereby ensur- taken in order to ensure that Transition As- (1) INCORPORATION OF COUNTERFEIT-RESIST- ing an effective and timely response to national defense contingencies and emergency sistance Programs for members of the Armed ANT TECHNOLOGIES INTO PRESCRIPTION DRUG requirements; Forces separating from the Armed PACKAGING.—Notwithstanding any other pro- Forces(including members of regular and revision of this title (or the amendments made (2) since the publication of the Depot Main- serve components of the Armed Forces but by this title), the Secretary of Health and tenance Strategy and Master Plan of the Air particularly members of the reserve compo- Human Services shall require that the pack- Force in 2002, the service has made great nents who have previously been deployed to aging of any drug subject to section 503(b) in- progress toward modernizing all 3 of its De- pots, in order to maintain their status as Operation Iraqi Freedom, Operation Endur- corporate— ‘‘world class’’ maintenance repair and over- ing Freedom, and all other contingency oper- (A) overt optically variable counterfeit-re- haul operations; ations) function effectively to ensure that sistant technologies that are— (3) 1 of the indispensable components of the such members of the Armed Forces receive (i) visible to the naked eye, providing for Depot Maintenance Strategy and Master timely and comprehensive transition assist- visual identification of product authenticity Plan of the Air Force is the commitment of ance. without the need for readers, microscopes, the Air Force to allocate $150,000,000 a year (2) REPORT ON DEPARTMENT OF DEFENSE AC- lighting devices, or scanners; over 6 years, beginning in fiscal year 2004, for TIVITIES.—Not later than 1 March 2006, the (ii) similar to that used by the Bureau of recapitalization and investment, including Secretary of Defense shall submit to Con- Engraving and Printing to secure United gress a proposal for such legislation as the the procurement of technologically advanced States currency; facilities and equipment, of our Nation’s 3 Secretary considers necessary to enhance (iii) manufactured and distributed in a the capability of the Department of Defense Air Force depots; and highly secure, tightly controlled environ- (4) the funds expended to date have ensured to provide transition assistance to members ment; and of the Armed Forces. that transformation projects, such as the (iv) incorporate additional layers of non- initial implementation of ‘‘Lean’’ and ‘‘Six visible covert security features up to and in- SA 1600. Mr. WARNER submitted an Sigma’’ production techniques, have cluding forensic capability. described in achieved great success in dramatically re- amendment intended to be proposed to paragraph (2) and comply with the standards ducing the time necessary to perform depot amendment SA 1406 submitted by Mr. of paragraph (3); or maintenance on aircraft. LUGAR and intended to be proposed to (B) technologies that have an equivalent (b) SENSE OF THE SENATE.—It is the sense the bill S. 1042, to authorize appropria- function of security, as determined by the of the Senate that— tions for fiscal year 2006 for military Secretary. (1) the Air Force should be commended for activities of the Department of De- (2) STANDARDS FOR PACKAGING.—For the the implementation of its Depot Mainte- purpose of making it more difficult to coun- fense, for military construction, and nance Strategy and Master Plan and, in par- terfeit the packaging of drugs subject to sec- ticular, meeting its commitment to invest for defense activities of the Depart- tion 503(b), manufacturers of the drugs shall $150,000,000 a year over 6 years, since fiscal ment of Energy, to prescribe personnel incorporate the technologies described in year 2004, in the Nation’s 3 Air Force Depots; strengths for such fiscal year for the paragraph (2) into multiple elements of the and Armed Forces, and for other purposes; physical packaging of the drugs, including (2) the Air Force should continue to fully which was ordered to lie on the table; blister packs, shrink wrap, package labels, fund its commitment of $150,000,000 a year as follows: package seals, bottles, and boxes. through fiscal year 2009 in investments and (3) EFFECTIVE DATE.—This subsection shall recapitalization projects pursuant to the In lieu of the matter proposed to be in- take effect 180 days after the date of enact- Depot Maintenance Strategy and Master serted, insert the following: ment of this title. Plan. SEC. 1205. SECURITY AND STABILIZATION ASSIST- (b) WEBSITE INFORMATION.—The Secretary ANCE. of Health and Human Services shall publish, SA 1603. Mr. SESSIONS submitted an (a) ASSISTANCE AUTHORIZED.—The Sec- on the Internet website of the Food and Drug amendment intended to be proposed by retary of Defense may, upon the request of Administration described under section him to the bill S. 1042, to authorize ap- the Secretary of State, authorize the use or ll4(g) of this title, information regarding propriations for fiscal year 2006 for transfer of defense articles, services, or the suspension and termination of any reg- military activities of the Department training to provide reconstruction, security, istration of a registered importer or exporter or stabilization assistance to a foreign coun- under section 804 of the Federal Food, Drug, of Defense, for military construction, try for the purpose of restoring or maintain- and Cosmetic Act (as added by this title). and for defense activities of the De- ing peace and security in that country if the (c) USER FEES.—Notwithstanding any partment of Energy, to prescribe per- Secretary of Defense determines that— other provisions of title (and the amend- sonnel strengths for such fiscal year

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.061 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9017 for the Armed Forces, and for other M. Reich, of Virginia, to be Director of The Honorable Elaine L. Chao, Sec- purposes; which was ordered to lie on the Office of Thrift Supervision; and retary, Department of Labor, Wash- the table; as follows: Mr. Martin J. Gruenberg, of Maryland, ington, DC; At the end of subtitle B of title II, add the to be a member and vice chairman of Tamar Jacoby, Senior Fellow, Man- following: the Board of Directors of the Federal hattan Institute, New York, NY; SEC. 213. LASER NEUTRALIZATION SYSTEM. Deposit Insurance Corporation. Gary Endelman, Author and Immi- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- The PRESIDING OFFICER. Without gration Practitioner, Houston, TX; VELOPMENT, TEST AND EVALUATION, ARMY.— objection, it is so ordered. Hal Daub, President and CEO, The The amount authorized to be appropriated COMMITTEE ON FINANCE American Health Care Association by section 201(1) for research, development, Ms. COLLINS. Mr. President, I ask (AHCA), and testifying on behalf of the test, and evaluation for the Army is hereby Essential Worker Immigration Coali- increased by $1,000,000. unanimous consent that the Com- mittee on Finance be authorized to tion, Washington, DC. (b) AVAILABILITY OF AMOUNT.—Of the The PRESIDING OFFICER. Without amount authorized to be appropriated by meet in open Executive Session during section 201(1) for research, development, test, the session on Tuesday, July 26, 2005, at objection, it is so ordered. and evaluation for the Army, as increased by 10 a.m., to consider an original bill en- COMMITTEE ON THE JUDICIARY subsection (a), $1,000,000 may be available for titled, ‘‘The National Employee Sav- Ms. COLLINS. Mr. President, I ask Advanced Weapons Technology (PE #602307A) ings and Trust Equity Guarantee Act unanimous consent that the Com- for the Laser Neutralization System (LNS). of 2005.’’ mittee on the Judiciary be authorized (c) OFFSET.—The amount authorized to be The PRESIDING OFFICER. Without to meet to conduct a hearing on the appropriated by section 101(4) for procure- nomination of Timothy Elliot Flanigan ment of ammunition for the Army is hereby objection, it is so ordered. reduced by $1,000,000, with the amount of the COMMITTEE ON FOREIGN RELATIONS to be Deputy Attorney General on reduction to be allocated to amounts avail- Ms. COLLINS. Mr. President, I ask Tuesday, July 26, 2005, at 4 p.m., in able for Ammunition Production Base Sup- unanimous consent that the Com- Dirksen Senate Office Building, Room port, Production Base Support for the Mis- mittee on Foreign Relations be author- 226. sile Recycling Center (MRC). ized to meet during the session of the Witness List SA 1604. Ms. SNOWE (for herself and Senate on Tuesday, July 26, 2005, at 10 Panel I: TBA. Ms. COLLINS) submitted an amendment a.m. to hold a hearing on Energy Panel II: Timothy Elliott Flanigan to intended to be proposed by her to the Trends in China and India: Implica- be Deputy Attorney General. bill S. 1042, to authorize appropriations tions for the U.S. The PRESIDING OFFICER. Without for fiscal year 2006 for military activi- The PRESIDING OFFICER. Without objection, it is so ordered. ties of the Department of Defense, for objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE military construction, and for defense COMMITTEE ON FOREIGN RELATIONS Ms. COLLINS. Mr. President, I ask activities of the Department of Energy, Ms. COLLINS. Mr. President, I ask unanimous consent that the Select to prescribe personnel strengths for unanimous consent that the Com- Committee on Intelligence be author- such fiscal year for the Armed Forces, mittee on Foreign Relations be authorized to meet during the session of the and for other purposes; which was or- ized to meet during the session of the Senate on July 26, 2005, at 2:30 p.m., to dered to lie on the table; as follows: Senate on Tuesday, July 26, 2005, at 2:15 hold a business meeting. On page 48, line 17, insert before the period p.m. to hold a Business Meeting to The PRESIDING OFFICER. Without the following: ‘‘, of which $1,500,000 shall be markup nominations, treaties, and leg- objection, it is so ordered. available for Civilian Manpower and Per- islation. SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- sonnel for a Human Resources Benefit Call The PRESIDING OFFICER. Without AGEMENT, GOVERNMENT INFORMATION AND Center in Machias, Maine’’. objection, it is so ordered. INTERNATIONAL SECURITY f COMMITTEE ON INDIAN AFFAIRS Ms. COLLINS. Mr. President, I ask Ms. COLLINS. Mr. President, I ask unanimous consent that the Sub- AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- committee on Federal Financial Man- MEET mittee on Indian Affairs be authorized agement, Government Information, COMMITTEE ON BANKING, HOUSING, AND URBAN to meet on Tuesday, July 26, 2005, at 10 and International Security be author- AFFAIRS a.m., in Room 216 of the Hart Senate ized to meet on Tuesday, July 26, 2005, Ms. COLLINS. Mr. President, I ask Office Building to conduct an oversight at 2:30 p.m., for a hearing regarding unanimous consent that the Com- hearing on legislation to resolve the ‘‘GSA—Is the Taxpayer Getting the mittee on Banking, Housing, and lawsuit of Cobell v. Norton and to ad- Best Deal?’’ Urban Affairs be authorized to meet dress a number of areas of Indian trust The PRESIDING OFFICER. Without during the session of the Senate on reform. objection, it is so ordered. July 26, 2005, at 10 a.m., to conduct a The PRESIDING OFFICER. Without SUBCOMMITTEE ON FORESTRY, CONSERVATION, hearing on the nominations of the Hon- objection, it is so ordered. AND RURAL REVITALIZATION orable CHRISTOPHER COX, of California, COMMITTEE ON THE JUDICIARY Ms. COLLINS. Mr. President, I ask to be a member of the Securities and Ms. COLLINS. Mr. President, I ask unanimous consent that the Sub- Exchange Commission; Mr. Roel C. unanimous consent that the Com- committee on Forestry, Conservation, Campos, of Texas, to be a member of mittee on the Judiciary be authorized and Rural Revitalization be authorized the Securities and Exchange Commis- to meet to conduct a hearing on ‘‘Com- to conduct a hearing during the session sion; and Ms. Annette Nazareth, of the prehensive Immigration Reform’’ on of the Senate on Tuesday, July 26, 2005 District of Columbia, to be a member Tuesday, July 26, 2005, at 9:30 a.m., in at 10 am in SR–328A, Russell Senate Of- of the Securities and Exchange Com- Dirksen Senate Office Building Room fice Building. The purpose of this submission. 226. committee hearing will be to discuss The PRESIDING OFFICER. Without how farm bill programs can better sup- objection, it is so ordered. Witness List port species conservation. COMMITTEE ON BANKING, HOUSING, AND URBAN Panel I: The Honorable Edward Ken- The PRESIDING OFFICER. Without AFFAIRS nedy, U.S. Senator, D–MA; objection, it is so ordered. Ms. COLLINS. Mr. President, I ask The Honorable John McCain, U.S. SUBCOMMITTEE ON INTELLECTUAL PROPERTY unanimous consent that the Com- Senator, R–AZ; Ms. COLLINS. Mr. President, I ask mittee on Banking, Housing, and The Honorable Jon Kyl, U.S. Senator, unanimous consent that the Sub- Urban Affairs be authorized to meet R–AZ; committee on Intellectual Property be during the session of the Senate on The Honorable John Cornyn, U.S. authorized to meet to conduct a hear- July 26, 2005, at 2:30 p.m., to conduct a Senator, R–TX; ing on ‘‘Perspective on Patents: Har- hearing on the nominations of Mr. Panel II: The Honorable Michael monization and Other Matters’’ on John C. Dugan, of Maryland, to be Chertoff, Secretary, Department of Tuesday, July 26, 2005 at 2:30 p.m. in Comptroller of the Currency; Mr. John Homeland Defense, Washington, DC; Dirksen 226.

VerDate Aug 04 2004 07:26 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.061 S26JYPT1 S9018 CONGRESSIONAL RECORD — SENATE July 26, 2005 Witness List SODA ASH ROYALTY REDUCTION SEC. 2. DEFINITIONS. The Honorable Gerald J. Mossinghoff, ACT OF 2005 In this Act: Former Assistant Secretary of Com- The Senate proceeded to consider the (1) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 160 acres of merce and Commissioner of Patents bill (S. 203) to designate the United Federal land within the Santa Fe National and Trademarks, and Senior Counsel States courthouse located at 501 I Forest in the State, as depicted on the map. Oblon, Spivak, McClelland, Maier & Street in Sacramento, California, as (2) LANDOWNER.—The term ‘‘landowner’’ Neustadt, Alexandria, VA; the ‘‘Robert T. Matsui United States means the 1 or more owners of the non-Fed- The Honorable Q. Todd Dickinson, Courthouse’’. eral land. Former Assistant Secretary of Com- S. 203 (3) MAP.—The term ‘‘map’’ means the map merce and Commissioner of Patents Be it enacted by the Senate and House of Rep- entitled ‘‘Proposed Land Exchange for Pecos and Trademarks and Vice President resentatives of the United States of America in National Historical Park’’, numbered 430/ Congress assembled, 80,054, dated November 19, 1999, and revised and Chief Intellectual Property Coun- September 18, 2000. SECTION 1. SHORT TITLE. sel, General Electric Company, Fair- (4) NON-FEDERAL LAND.—The term ‘‘non- This Act may be cited as the ‘‘Soda Ash field, CT; Federal land’’ means the approximately 154 Royalty Reduction Act of 2005’’. Christine J. Siwik, Partner, Rakoczy acres of non-Federal land in the Park, as de- Molino Mazzochi Siwik LLP, on behalf SEC. 2. REDUCTION IN ROYALTY RATE ON SODA picted on the map. ASH. (5) PARK.—The term ‘‘Park’’ means the of Barr Laboratories, Inc., Chicago, IL; Notwithstanding section 102(a)(9) of the Pecos National Historical Park in the State. Marshall C. Phelps, Jr., Corporate Federal Land Policy Management Act of 1976 (6) SECRETARIES.—The term ‘‘Secretaries’’ Vice President and Deputy General (43 U.S.C. 1701(a)(9)), section 24 of the Min- means the Secretary of the Interior and the Counsel for Intellectual Property eral Leasing Act (30 U.S.C. 262), and the Secretary of Agriculture, acting jointly. Microsoft Corporation, Redmond, WA; terms of any lease under that Act, the roy- (7) STATE.—The term ‘‘State’’ means the alty rate on the quantity or gross value of Charles E. Phelps, Provost, Univer- State of New Mexico. sity of Rochester on behalf of the Asso- the output of sodium compounds and related ciation of American Universities, products at the point of shipment to market SEC. 3. LAND EXCHANGE. from Federal land in the 5-year period begin- (a) IN GENERAL.—On conveyance by the Rochester, NY; ning on the date of the enactment of this Act David Beier, Senior Vice President of landowner to the Secretary of the Interior of shall be 2 percent. the non-Federal land, title to which is ac- Global Government Affairs Amgen, SEC. 3. STUDY. ceptable to the Secretary of the Interior— Washington, DC. After the end of the 4-year period begin- (1) the Secretary of Agriculture shall, sub- The PRESIDING OFFICER. Without ning on the date of the enactment of this ject to the conditions of this Act, convey to objection, it is so ordered. Act, and before the end of the 5-year period the landowner the Federal land; and SUBCOMMITTEE ON SUPERFUND AND WASTE beginning on that date, the Secretary of the (2) the Secretary of the Interior shall, sub- MANAGEMENT Interior shall report to the Congress on the ject to the conditions of this Act, grant to Ms. COLLINS. Mr. President, I ask effects of the royalty reduction under this the landowner the easement described in Act, including— unanimous consent that the Sub- subsection (b). (1) the amount of sodium compounds and (b) EASEMENT.— committee on Superfund and Waste related products at the point of shipment to Management be authorized to hold an (1) IN GENERAL.—The easement referred to market from Federal land during that 4-year in subsection (a)(2) is an easement (including oversight hearing on Tuesday, July 25 period; an easement for service access) for water at 2:30 am to discuss electronic waste. (2) the number of jobs that have been cre- pipelines to 2 well sites located in the Park, The PRESIDING OFFICER. Without ated or maintained during the royalty reduc- as generally depicted on the map. objection, it is so ordered. tion period; (2) ROUTE.—The Secretary of the Interior, (3) the total amount of royalty paid to the f in consultation with the landowner, shall de- United States on the quantity or gross value termine the appropriate route of the ease- PRIVILEGE OF THE FLOOR of the output of sodium compounds and re- ment through the Park. lated products at the point of shipment to Mr. REED. Mr. President, I ask unan- (3) TERMS AND CONDITIONS.—The easement market produced during that 4-year period, shall include such terms and conditions re- imous consent that two of my staff and the portion of such royalty paid to members, Steve Eichenauer and Elyse lating to the use of, and access to, the well States; and sites and pipeline, as the Secretary of the In- Wasch, be granted the privileges of the (4) a recommendation of whether the re- terior, in consultation with the landowner, floor during the debate and pending duced royalty rate should apply after the end determines to be appropriate. votes. of the 5-year period beginning on the date of (4) APPLICABLE LAW.—The easement shall The PRESIDING OFFICER. Without the enactment of this Act. be established, operated, and maintained in objection, it is so ordered. The amendment (No. 1584) was agreed compliance with applicable Federal law. The PRESIDING OFFICER. The Sen- to, as follows: (c) VALUATION, APPRAISALS, AND EQUALI- ator from Maine is recognized. Amend the title so as to read: ‘‘A bill to re- ZATION.— duce temporarily the royalty required to be (1) IN GENERAL.—The value of the Federal f paid for sodium produced, to establish cer- land and non-Federal land— THE CALENDAR tain National Heritage Areas, and for other (A) shall be equal, as determined by ap- purposes.’’. Ms. COLLINS. Mr. President, I ask praisals conducted in accordance with paragraph (2); or unanimous consent that the Senate The bill (S. 203) was read the third time and passed. (B) if the value is not equal, shall be equal- proceed to the immediate consider- ized in accordance with paragraph (3). f ation of the following calendar items (2) APPRAISALS.— en bloc: Calendar Nos. 11, 18, 20, 21, 22, PECOS NATIONAL HISTORICAL (A) IN GENERAL.—The Federal land and 24, 27, 28, 29, 30, 32, 33, 36, 37, 38, 41, 42, PARK LAND EXCHANGE ACT OF non-Federal land shall be appraised by an 43, 44, 45, 46, 47, 50, 52, 53, 54, 55, 58, 62, 2005 independent appraiser selected by the Secre- taries. 63, 64, 65, 66, 95, and 106. The bill (S. 47) to provide for the ex- I ask unanimous consent that the (B) REQUIREMENTS.—An appraisal con- change of certain Federal land in the amendments at the desk be agreed to ducted under subparagraph (A) shall be con- Santa Fe National Forest and certain ducted in accordance with— en bloc; the committee-reported non-Federal land in the Pecos National (i) the Uniform Appraisal Standards for amendments, as amended, if amended, Historical Park in the State of New Federal Land Acquisition; and be agreed to en bloc; the bills, as Mexico was read the third time and (ii) the Uniform Standards of Professional amended, if amended, be read a third Appraisal Practice. passed, as follows: time and passed; the motions to recon- (C) APPROVAL.—The appraisals conducted S. 47 sider be laid upon the table en bloc; the under this paragraph shall be submitted to amendments to the titles, where appli- Be it enacted by the Senate and House of Rep- the Secretaries for approval. resentatives of the United States of America in cable, be agreed to; and that any state- (3) EQUALIZATION OF VALUES.— Congress assembled, (A) IN GENERAL.—If the values of the non- ments related to the bills be printed in SECTION 1. SHORT TITLE. Federal land and the Federal land are not the RECORD. This Act may be cited as the ‘‘Pecos Na- equal, the values may be equalized by— The PRESIDING OFFICER. Without tional Historical Park Land Exchange Act of (i) the Secretary of the Interior making a objection, it is so ordered. 2005’’. cash equalization payment to the landowner;

VerDate Aug 04 2004 05:53 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.066 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9019 (ii) the landowner making a cash equali- RIM OF THE VALLEY CORRIDORS propriate Federal, State, county, and local zation payment to the Secretary of Agri- STUDY ACT government entities. culture; or (d) APPLICABLE LAW.—Section 8(c) of Pub- (iii) reducing the acreage of the non-Fed- The bill (S. 153) to direct the Sec- lic Law 91–383 (16 U.S.C. 1a–5(c)) shall apply eral land or the Federal land, as appropriate. retary of the Interior to conduct a re- to the conduct and completion of the study (B) CASH EQUALIZATION PAYMENTS.—Any source study of the Rim of the Valley required by subsection (a). amounts received by the Secretary of Agri- Corridor in the State of California to SEC. 4. REPORT. culture as a cash equalization payment evaluate alternatives for protecting (a) IN GENERAL.—Not later than 3 years under section 206(b) of the Federal Land Pol- the resources of the Corridor, and for after the date on which funds are first made icy and Management Act of 1976 (43 U.S.C. other purposes, was read the third time available for the study, the Secretary shall 1716(b)) shall— and passed, as follows: submit to the Committee on Energy and (i) be deposited in the fund established by S. 153 Natural Resources of the Senate and to the Public Law 90–171 (commonly known as the Be it enacted by the Senate and House of Rep- Committee on Resources of the House of ‘‘Sisk Act’’) (16 U.S.C. 484a); and Representatives a report that describes the (ii) be available for expenditure, without resentatives of the United States of America in Congress assembled, results of the study conducted under section further appropriation, for the acquisition of 3. land and interests in land in the State. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Rim of the (b) INCLUSION.—The report submitted under (d) COSTS.—Before the completion of the Valley Corridor Study Act’’. subsection 4(a) shall include the concerns of exchange under this section, the Secretaries private landowners within the boundaries of and the landowner shall enter into an agree- SEC. 2. DEFINITIONS. In this Act: the Recreation Area. ment that allocates the costs of the ex- (1) CORRIDOR.— f change among the Secretaries and the land- (A) IN GENERAL.—The term ‘‘Corridor’’ owner. means the land, water, and interests of the VALLES CALDERA PRESERVATION (e) APPLICABLE LAW.—Except as otherwise area in the State known as the ‘‘Rim of the ACT OF 2005 provided in this Act, the exchange of land Valley Corridor’’. and interests in land under this Act shall be The bill (S. 212) to amend the Valles (B) INCLUSIONS.—The term ‘‘Corridor’’ in- in accordance with— Caldera Preservation Act to improve cludes the mountains surrounding the San the preservation of the Valles Caldera, (1) section 206 of the Federal Land Policy Fernando, La Crescenta, Santa Clarita, Simi, and Management Act of 1976 (43 U.S.C. 1716); and Conejo valleys in the State. and for other purposes, was read the and (2) RECREATION AREA.—The term ‘‘Recre- third time and passed, as follows: (2) other applicable laws, including the Na- ation Area’’ means the Santa Monica Moun- S. 212 tional Environmental Policy Act of 1969 (42 tains National Recreation Area in the State. U.S.C. 4321 et seq.). Be it enacted by the Senate and House of Rep- (3) SECRETARY.—The term ‘‘Secretary’’ resentatives of the United States of America in (f) ADDITIONAL TERMS AND CONDITIONS.— means the Secretary of the Interior. Congress assembled, The Secretaries may require, in addition to (4) STATE.—The term ‘‘State’’ means the SECTION 1. SHORT TITLE. any requirements under this Act, such terms State of California. and conditions relating to the exchange of This Act may be cited as the ‘‘Valles SEC. 3. RESOURCE STUDY OF THE RIM OF THE Caldera Preservation Act of 2005’’. Federal land and non-Federal land and the VALLEY CORRIDOR, CALIFORNIA. granting of easements under this Act as the (a) IN GENERAL.—The Secretary shall con- SEC. 2. AMENDMENTS TO THE VALLES CALDERA Secretaries determine to be appropriate to duct a resource study of the Corridor to PRESERVATION ACT. protect the interests of the United States. evaluate various alternatives for protecting (a) ACQUISITION OF OUTSTANDING MINERAL (g) COMPLETION OF THE EXCHANGE.— the resources of the Corridor, including des- INTERESTS.—Section 104(e) of the Valles (1) IN GENERAL.—The exchange of Federal ignating all or a portion of the Corridor as a Caldera Preservation Act (16 U.S.C. 698v–2(e)) land and non-Federal land shall be com- unit of the Recreation Area. is amended— pleted not later than 180 days after the later (b) REQUIREMENTS.—In conducting the (1) by striking ‘‘The acquisition’’ and in- of— study under subsection (a), the Secretary serting the following: (A) the date on which the requirements of shall— ‘‘(1) IN GENERAL.—The acquisition’’; the National Environmental Policy Act of (1) seek to achieve the objectives of— (2) by striking ‘‘The Secretary’’ and insert- 1969 (42 U.S.C. 4321 et seq.) have been met; (A) protecting wildlife populations in the ing the following: (B) the date on which the Secretary of the Recreation Area by preserving habitat link- ‘‘(2) ACQUISITION.—The Secretary’’; Interior approves the appraisals under sub- ages and wildlife movement corridors be- (3) by striking ‘‘on a willing seller basis’’; section (c)(2)(C); or tween large blocks of habitat in adjoining re- (4) by striking ‘‘Any such’’ and inserting (C) the date on which the Secretaries and gional open space; the following: the landowner agree on the costs of the ex- (B) establishing connections along the ‘‘(3) ADMINISTRATION.—Any such’’; and change and any other terms and conditions State-designated Rim of the Valley Trail (5) by adding at the end the following: of the exchange under this section. System for the purposes of— ‘‘(4) AVAILABLE FUNDS.—Any such interests (2) NOTICE.—The Secretaries shall submit (i) creating a single contiguous Rim of the shall be acquired with available funds. to the Committee on Energy and Natural Re- Valley Trail; and ‘‘(5) DECLARATION OF TAKING.— sources of the Senate and the Committee on (ii) encompassing major feeder trails con- ‘‘(A) IN GENERAL.—If negotiations to ac- Resources of the House of Representatives necting adjoining communities and regional quire the interests are unsuccessful by the notice of the completion of the exchange of transit to the Rim of the Valley Trail Sys- date that is 60 days after the date of enact- Federal land and non-Federal land under this tem; ment of this paragraph, the Secretary shall Act. (C) preserving recreational opportunities; acquire the interests pursuant to section 3114 (D) facilitating access to open space for a of title 40, United States Code. SEC. 4. ADMINISTRATION. variety of recreational users; ‘‘(B) SOURCE OF FUNDS.—Any difference be- (a) IN GENERAL.—The Secretary of the In- (E) protecting— tween the sum of money estimated to be just terior shall administer the non-Federal land (i) rare, threatened, or endangered plant compensation by the Secretary and the acquired under this Act in accordance with and animal species; and amount awarded shall be paid from the per- the laws generally applicable to units of the (ii) rare or unusual plant communities and manent judgment appropriation under sec- National Park System, including the Act of habitats; tion 1304 of title 31, United States Code.’’. August 25, 1916 (commonly known as the (F) protecting historically significant (b) OBLIGATIONS AND EXPENDITURES.—Sec- ‘‘National Park Service Organic Act’’) (16 landscapes, districts, sites, and structures; tion 106(e) of the Valles Caldera Preservation U.S.C. 1 et seq.). and Act (16 U.S.C. 698v–4(e)) is amended by add- (b) MAPS.— (G) respecting the needs of communities in, ing at the end the following: (1) IN GENERAL.—The map shall be on file or in the vicinity of, the Corridor; ‘‘(4) OBLIGATIONS AND EXPENDITURES.—Sub- and available for public inspection in the ap- (2) analyze the potential impact of each al- ject to the laws applicable to Government propriate offices of the Secretaries. ternative on staffing and other potential corporations, the Trust shall determine— (2) TRANSMITTAL OF REVISED MAP TO CON- costs to Federal, State, and local agencies ‘‘(A) the character of, and the necessity GRESS.—Not later than 180 days after com- and other organizations; and for, any obligations and expenditures of the pletion of the exchange, the Secretaries shall (3) analyze the potential impact that desig- Trust; and transmit to the Committee on Energy and nating all or a portion of the Corridor as a ‘‘(B) the manner in which obligations and Natural Resources of the Senate and the unit of the Recreation Area would have on expenditures shall be incurred, allowed, and Committee on Resources of the House of land in or bordering the area that is pri- paid.’’. Representatives a revised map that depicts— vately owned as of the date on which the (c) SOLICITATION OF DONATIONS.—Section (A) the Federal land and non-Federal land study is conducted. 106(g) of the Valles Caldera Preservation Act exchanged under this Act; and (c) CONSULTATION.—In conducting the (16 U.S.C. 698v–4(g)) is amended by striking (B) the easement described in section 3(b). study, the Secretary shall consult with ap- ‘‘The Trust may solicit’’ and inserting ‘‘The

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.102 S26JYPT1 S9020 CONGRESSIONAL RECORD — SENATE July 26, 2005

members of the Board of Trustees, the execu- ‘‘(iii) COOPERATIVE AGREEMENT.—To the ex- lish an advisory committee to assist in the tive director, and 1 additional employee of tent generally authorized at other units of development and implementation of the pro- the Trust in an executive position designated the National Forest System, the Secretary gram. by the Board of Trustees or the executive di- shall provide the services to be carried out ø(2) MEMBERSHIP.— rector may solicit’’. pursuant to the plan under a cooperative ø(A) IN GENERAL.—The Advisory Com- (d) USE OF PROCEEDS.—Section 106(h)(1) of agreement entered into between the Sec- mittee shall consist of 11 members, ap- the Valles Caldera Preservation Act (16 retary and the Trust. pointed by the Secretaries, who represent U.S.C. 698v–4(h)(1)) is amended by striking ‘‘(B) REIMBURSABLE SERVICES.—To the ex- authorized users of artillery, other military ‘‘subsection (g)’’ and inserting ‘‘subsection tent generally authorized at other units of weapons, or weapons alternatives used for (g), from claims, judgments, or settlements the National Forest System, the Secretary avalanche control. arising from activities occurring on the Baca may provide presuppression and non- ø(B) REPRESENTATIVES.—The membership Ranch or the Preserve after October 27, emergency rehabilitation and restoration of the Advisory Committee shall include rep- 1999,’’. services for the Trust at any time on a reim- resentatives of— SEC. 3. BOARD OF TRUSTEES. bursable basis.’’. ø(i) Federal land management agencies and Section 107(e) of the Valles Caldera Preser- f concessionaires or permittees that are ex- vation Act (U.S.C. 698v–5(e)) is amended— posed to the threat of avalanches; (1) in paragraph (2), by striking ‘‘Trustees’’ FEDERAL LAND RECREATIONAL ø(ii) State departments of transportation and inserting ‘‘Except as provided in para- VISITOR PROTECTION ACT OF 2005 that have experience in dealing with the effects of avalanches; and graph (3), trustees’’; and The Senate proceeded to consider the (2) in paragraph (3)— ø(iii) Federal- or State-owned railroads (A) by striking ‘‘Trustees’’ and inserting bill (S. 225) to direct the Secretary of that have experience in dealing with the ef- the following: the Interior to undertake a program to fects of avalanches. ‘‘(A) SELECTION.—Trustees’’; and reduce the risks from and mitigate the ø(d) CENTRAL DEPOSITORY.—The Secretary, (B) by adding at the end the following: effects of avalanches on recreational the Secretary of Agriculture, and the Sec- ‘‘(B) COMPENSATION.—On request of the users of public land, which had been re- retary of the Army shall establish a central chair, the chair may be compensated at a ported from the Committee on Energy depository for weapons, ammunition, and rate determined by the Board of Trustees, parts for avalanche control purposes, includ- and Natural Resources, with an amending an inventory that can be made available but not to exceed the daily equivalent of the ment. annual rate of pay for level IV of the Execu- to Federal and non-Federal entities for ava- tive Schedule under section 5315 of title 5, (Strike the part shown in black lanche control purposes under the program. United States Code, for each day (including brackets and insert the part printed in ø(e) GRANTS.— travel time) in which the chair is engaged in italic.) ø(1) IN GENERAL.—The Secretary and the the performance of duties of the Board of S. 225 Secretary of Agriculture may make grants to carry out projects and activities under the Trustees. Be it enacted by the Senate and House of Rep- ‘‘(C) MAXIMUM RATE OF PAY.—The total program— resentatives of the United States of America in ø(A) to assist in the prevention, fore- amount of compensation paid to the chair Congress assembled, for a fiscal year under subparagraph (B) shall casting, detection, and mitigation of ava- ø not exceed 25 percent of the annual rate of SECTION 1. SHORT TITLE. lanches for the safety and protection of per- ø pay for level IV of the Executive Schedule This Act may be cited as the ‘‘Federal sons, property, and at-risk communities; under section 5315 of title 5, United States Land Recreational Visitor Protection Act of ø(B) to maintain essential transportation Code.’’. 2005’’. and communications affected or potentially ø SEC. 4. RESOURCE MANAGEMENT. SEC. 2. DEFINITIONS. affected by avalanches; ø ø(C) to assist avalanche artillery users to (a) PROPERTY DISPOSAL LIMITATIONS.—Sec- In this Act: tion 108(c)(3) of the Valles Caldera Preserva- ø(1) PROGRAM.—The term ‘‘program’’ ensure the availability of adequate supplies tion Act (16 U.S.C. 698v–6(c)(3)) is amended— means the avalanche protection program es- of artillery and other unique explosives re- (1) in the first sentence, by striking ‘‘The tablished under section 3(a). quired for avalanche control in or affecting— ø Trust may not dispose’’ and inserting the ø(2) SECRETARY.—The term ‘‘Secretary’’ (i) units of the National Park System; and ø following: means the Secretary of the Interior. (ii) other Federal land used for recreation purposes; and ‘‘(A) IN GENERAL.—The Trust may not dis- øSEC. 3. AVALANCHE PROTECTION PROGRAM. ø(iii) adjacent communities, and essential pose’’; ø(a) ESTABLISHMENT.—The Secretary shall (2) in the second sentence, by striking establish a coordinated avalanche protection transportation corridors, that are at risk of ‘‘The Trust’’ and inserting the following: program— avalanches; and ø(D) to assist public or private persons and ‘‘(B) MAXIMUM DURATION.—The Trust’’; ø(1) to provide early identification of the (3) in the last sentence, by striking ‘‘Any potential for avalanches that could endanger entities in conducting research and develop- such’’ and inserting the following: the safety of recreational users of public ment activities for cost-effective and reliable alternatives to minimize reliance on mili- ‘‘(C) TERMINATION.—The’’; and land, including skiers, backpackers, (4) by adding at the end the following: snowboarders, and campers and visitors to tary weapons for avalanche control. ø(2) PRIORITY.—For each fiscal year for ‘‘(D) EXCLUSIONS.—For the purposes of this units of the National Park System; and paragraph, the disposal of real property does ø(2) to reduce the risks and mitigate the ef- which funds are made available under sec- not include the sale or other disposal of for- fects of avalanches on visitors, recreational tion 4, the Secretary shall give priority to age, forest products, or marketable renew- users, neighboring communities, and trans- projects and activities carried out in ava- able resources.’’. portation corridors. lanche zones— ø(A) with a high frequency or severity of (b) LAW ENFORCEMENT AND FIRE MANAGE- ø(b) COORDINATION.— avalanches; or MENT.—Section 108(g) of the Valles Caldera ø(1) IN GENERAL.—In developing and imple- ø Preservation Act (16 U.S.C. 698v–6(g)) is menting the program, the Secretary shall (B) in which deaths or serious injuries to amended— consult with the Secretary of Agriculture, individuals, or loss or damage to public fa- (1) in the first sentence, by striking ‘‘The and coordinate the program, to ensure ade- cilities and communities, have occurred or Secretary’’ and inserting the following: quate levels of protection for recreational are likely to occur. ø(f) SURPLUS ORDINANCE.—Section 549(c)(3) ‘‘(1) LAW ENFORCEMENT.— users of public land under the jurisdiction of of title 40, United States Code, is amended— ‘‘(A) IN GENERAL.—The Secretary’’; the Secretary, including units of the Na- ø(1) in subparagraph (A), by striking ‘‘or’’ (2) in the second sentence, by striking tional Park System, National Recreation after the semicolon at the end; ‘‘The Trust’’ and inserting the following: Areas, wilderness and backcountry areas, ø(2) in subparagraph (B), by striking the ‘‘(B) FEDERAL AGENCY.—The Trust’’; and components of the National Wild and Scenic period at the end and inserting ‘‘; or’’; and (3) by striking ‘‘At the request of the Rivers System, and other areas that are sub- ø(3) by adding at the end the following: Trust’’ and all that follows through the end ject to the potential threat of avalanches. ø‘‘(C) in the case of surplus artillery ordi- of the paragraph and inserting the following: ø(2) RESOURCES.—In carrying out this sec- nance that is suitable for avalanche control ‘‘(2) FIRE MANAGEMENT.— tion, the Secretary and the Secretary of Ag- purposes, to a user of such ordinance.’’. ‘‘(A) NON-REIMBURSABLE SERVICES.— riculture— ø ‘‘(i) DEVELOPMENT OF PLAN.—The Secretary ø(A) shall, to the maximum extent prac- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. shall, in consultation with the Trust, de- ticable, use the resources of the National Av- øThere is authorized to be appropriated to velop a plan to carry out fire preparedness, alanche Center of the Forest Service; and carry out this Act $15,000,000 for each of fis- suppression, and emergency rehabilitation ø(B) may use such other resources as the cal years 2006 through 2010.¿ services on the Preserve. Secretary has available in the development SEC. 1. SHORT TITLE. ‘‘(ii) CONSISTENCY WITH MANAGEMENT PRO- and implementation of the program. This Act may be cited as the ‘‘Federal Land GRAM.—The plan shall be consistent with the ø(c) ADVISORY COMMITTEE.— Recreational Visitor Protection Act of 2005’’. management program developed pursuant to ø(1) IN GENERAL.—The Secretary and the SEC. 2. DEFINITIONS. subsection (d). Secretary of Agriculture shall jointly estab- In this Act:

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(1) PROGRAM.—The term ‘‘program’’ means (i) units of the National Park System; and reau of Land Management, New Mexico, the avalanche protection program established (ii) other Federal land used for recreation which øcomprise¿ comprises approximately under section 3(a). purposes; and 11,183 acres, as generally depicted on the (2) SECRETARY.—The term ‘‘Secretary’’ means (iii) adjacent communities, and essential map, and which shall be known as the ‘‘Ojito the Secretary of Agriculture. transportation corridors, that are at risk of ava- Wilderness’’. SEC. 3. AVALANCHE PROTECTION PROGRAM. lanches; and (b) MAP AND LEGAL DESCRIPTION.—The map (a) ESTABLISHMENT.—The Secretary, in con- (D) to assist public or private persons and en- and a legal description of the wilderness area sultation with the Secretary of the Interior, tities in conducting research and development designated by this Act shall— shall establish a coordinated avalanche protec- activities for cost-effective and reliable alter- (1) be filed by the Secretary with the Com- tion program— natives to minimize reliance on military weap- mittee on Energy and Natural Resources of (1) to provide early identification of the poten- ons for avalanche control. the Senate and the Committee on Resources tial for avalanches that could endanger the (2) PRIORITY.—For each fiscal year for which of the House of Representatives as soon as safety of recreational users of public land, in- funds are made available under section 4, the practicable after the date of enactment of cluding skiers, backpackers, snowboarders, and Secretary shall give priority to projects and ac- this Act; campers and visitors to units of the National tivities carried out in avalanche zones— (2) have the same force and effect as if in- Park System; and (A) with a high frequency or severity of ava- cluded in this Act, except that the Secretary (2) to reduce the risks and mitigate the effects lanches; or may correct clerical and typographical er- of avalanches on visitors, recreational users, (B) in which deaths or serious injuries to indi- rors in the legal description and map; and neighboring communities, and transportation viduals, or loss or damage to public facilities (3) be on file and available for public in- corridors. and communities, have occurred or are likely to spection in the appropriate offices of the Bu- (b) COORDINATION.— occur. reau of Land Management. (c) MANAGEMENT OF WILDERNESS.—Subject (1) IN GENERAL.—In developing and imple- (f) SURPLUS ORDNANCE.—Section 549(c)(3) of to valid existing rights, the wilderness area menting the program, the Secretary shall con- title 40, United States Code, is amended— designated by this Act shall be managed by sult with the Secretary of the Interior, and co- (1) in subparagraph (A), by striking ‘‘or’’ the Secretary in accordance with the Wilder- ordinate the program, to ensure adequate levels after the semicolon at the end; ness Act (16 U.S.C. 1131 et seq.) and this Act, of protection for recreational users of public (2) in subparagraph (B), by striking the period except that, with respect to the wilderness land under the jurisdiction of the Secretary of at the end and inserting ‘‘; or’’; and area designated by this Act, any reference in the Interior, including units of the National (3) by adding at the end the following: the Wilderness Act to the effective date of Park System, National Recreation Areas, wilder- ‘‘(C) in the case of surplus artillery ordnance the Wilderness Act shall be deemed to be a ness and backcountry areas, components of the that is suitable for avalanche control purposes, reference to the date of enactment of this National Wild and Scenic Rivers System, and to a user of such ordnance.’’. Act. other areas that are subject to the potential SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (d) MANAGEMENT OF NEWLY ACQUIRED threat of avalanches. There is authorized to be appropriated to LAND.—If acquired by the United States, the (2) RESOURCES.—In carrying out this section, carry out this Act $15,000,000 for each of fiscal following land shall become part of the wil- the Secretary and the Secretary of the Interior— years 2006 through 2010. derness area designated by this Act and shall (A) shall, to the maximum extent practicable, Amend the title so as to read: ‘‘A bill to di- be managed in accordance with this Act and use the resources of the National Avalanche rect the Secretary of Agriculture to under- other applicable law: Center of the Forest Service; and take a program to reduce the risks from and (1) Section 12 of township 15 north, range 01 (B) may use such other resources as the Sec- mitigate the effects of avalanches on rec- west, New Mexico Principal Meridian. retary has available in the development and im- reational users of public land.’’. (2) Any land within the boundaries of the plementation of the program. The Committee amendment in the wilderness area designated by this Act. (c) ADVISORY COMMITTEE.— nature of a substitute was agreed to. (e) MANAGEMENT OF LANDS TO BE ADDED.— (1) IN GENERAL.—The Secretary and the Sec- The bill (S. 225), as amended, was The lands generally depicted on the map as retary of the Interior shall jointly establish an read the third time and passed. ‘‘Lands to be Added’’ shall become part of advisory committee to assist in the development f the wilderness area designated by this Act if and implementation of the program. the United States acquires, or alternative (2) MEMBERSHIP.— OJITO WILDERNESS ACT adequate access is available to, section 12 of (A) IN GENERAL.—The Advisory Committee township 15 north, range 01 west, New Mexico shall consist of 11 members, appointed by the The Senate proceeded to consider the bill (S. 156) to designate the Ojito Wil- Principal Meridian. Secretaries, who represent authorized users of (f) RELEASE.—The Congress hereby finds artillery, other military weapons, or weapons al- derness Study Area as wilderness, to and directs that the lands generally depicted ternatives used for avalanche control. take certain land into trust for the on the map as ‘‘Lands to be Released’’ have (B) REPRESENTATIVES.—The membership of Pueblo of Zia, and for other purposes, been adequately studied for wilderness des- the Advisory Committee shall include represent- which had been reported from the Com- ignation pursuant to section 603 of the Fed- atives of— mittee on Energy and Natural Re- eral Land Policy and Management Act of (i) Federal land management agencies and sources, with amendments, as follows: 1976 (43 U.S.C. 1782) and no longer are subject concessionaires or permittees that are exposed to to the requirement of section 603(c) of such the threat of avalanches; [Strike the parts shown in black brackets and insert the parts shown in Act (43 U.S.C. 1782(c)) pertaining to the man- (ii) State departments of transportation that agement of wilderness study areas in a man- have experience in dealing with the effects of italic.] ner that does not impair the suitability of avalanches; and S. 156 such areas for preservation as wilderness. (iii) Federal- or State-owned railroads that Be it enacted by the Senate and House of Rep- (g) GRAZING.—Grazing of livestock in the have experience in dealing with the effects of resentatives of the United States of America in wilderness area designated by this Act, avalanches. Congress assembled, where established before the date of enact- (d) CENTRAL DEPOSITORY.—The Secretary, the SECTION 1. SHORT TITLE. ment of this Act, shall be administered in ac- Secretary of the Interior, and the Secretary of cordance with the provisions of section This Act may be cited as the ‘‘Ojito Wil- the Army shall establish a central depository for 4(d)(4) of the Wilderness Act (16 U.S.C. derness Act’’. weapons, ammunition, and parts for avalanche 1133(d)(4)) and the guidelines set forth in Ap- control purposes, including an inventory that SEC. 2. DEFINITIONS. pendix A of the Report of the Committee on can be made available to Federal and non-Fed- In this Act: Interior and Insular Affairs to accompany eral entities for avalanche control purposes (1) MAP.—The term ‘‘map’’ means the map H.R. 2570 of the One Hundred First Congress under the program. entitled ‘‘Ojito Wilderness Act’’ and dated (H. Rept. 101–405). (e) GRANTS.— October 1, 2004. (h) FISH AND WILDLIFE.—As provided in sec- (1) IN GENERAL.—The Secretary and the Sec- (2) PUEBLO.—The term ‘‘Pueblo’’ means the tion 4(d)(7) of the Wilderness Act (16 U.S.C. retary of the Interior may make grants to carry Pueblo of Zia. 1133(d)(7)), nothing in this section shall be out projects and activities under the program— (3) SECRETARY.—The term ‘‘Secretary’’ construed as affecting the jurisdiction or re- (A) to assist in the prevention, forecasting, de- means the Secretary of the Interior. sponsibilities of the State with respect to tection, and mitigation of avalanches for the (4) STATE.—The term ‘‘State’’ means the fish and wildlife in the State. safety and protection of persons, property, and State of New Mexico. (i) WATER RIGHTS.— at-risk communities; SEC. 3. DESIGNATION OF THE OJITO WILDER- (1) FINDINGS.—Congress finds that— (B) to maintain essential transportation and NESS. (A) the land designated as wilderness by communications affected or potentially affected (a) IN GENERAL.—In furtherance of the pur- this Act is arid in nature and is generally by avalanches; poses of the Wilderness Act (16 U.S.C. 1131 et not suitable for use or development of new (C) to assist avalanche artillery users to en- seq.), there is hereby designated as wilder- water resource facilities; and sure the availability of adequate supplies of ar- ness, and, therefore, as a component of the (B) because of the unique nature and hy- tillery and other unique explosives required for National Wilderness Preservation System, drology of the desert land designated as wil- avalanche control in or affecting— certain land in the Albuquerque District-Bu- derness by this Act, it is possible to provide

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for proper management and protection of the the Pueblo and shall be part of the Pueblo’s (f) JUDICIAL RELIEF.— wilderness and other values of lands in ways Reservation. (1) IN GENERAL.—To enforce subsection (d), different from those used in other legisla- (b) DESCRIPTION OF LANDS.—The boundary any person may bring a civil action in the tion. of the lands authorized by this section for United States District Court for the District (2) STATUTORY CONSTRUCTION.—Nothing in acquisition by the Pueblo where generally of New Mexico seeking declaratory or in- this Act— depicted on the map as immediately adja- junctive relief. (A) shall constitute or be construed to con- cent to CR906, CR923, and Cucho Arroyo (2) SOVEREIGN IMMUNITY.—The Pueblo shall stitute either an express or implied reserva- Road shall be 100 feet from the center line of not assert sovereign immunity as a defense tion by the United States of any water or the road. or bar to a civil action brought under para- water rights with respect to the land des- (c) CONSIDERATION.— graph (1). (1) IN GENERAL.—In consideration for the ignated as wilderness by this Act; (3) EFFECT.—Nothing in this section— (B) shall affect any water rights in the conveyance authorized under subsection (a), (A) authorizes a civil action against the State existing on the date of enactment of the Pueblo shall pay to the Secretary the Pueblo for money damages, costs, or attor- this Act, including any water rights held by amount that is equal to the fair market neys fees; or value of the land conveyed, as subject to the the United States; (B) except as provided in paragraph (2), ab- terms and conditions in subsection (d), as de- (C) shall be construed as establishing a rogates the sovereign immunity of the Pueb- termined by an independent appraisal. precedent with regard to any future wilder- lo. (2) APPRAISAL.—To determine the fair mar- ness designations; The committee amendments were ket value, the Secretary shall conduct an ap- (D) shall affect the interpretation of, or praisal paid for by the Pueblo that is per- agreed to. any designation made pursuant to, any other formed in accordance with the Uniform Ap- The bill (S. 156), as amended, was Act; or praisal Standards for Federal Land Acquisi- read the third time and passed, as fol- (E) shall be construed as limiting, altering, tions and the Uniform Standards of Profes- lows: modifying, or amending any of the interstate sional Appraisal Practice. S. 156 compacts or equitable apportionment de- (3) AVAILABILITY.—Any amounts paid under crees that apportion water among and be- Be it enacted by the Senate and House of Rep- paragraph (1) shall be available to the Sec- tween the State and other States. resentatives of the United States of America in retary, without further appropriation and (3) STATE WATER LAW.—The Secretary shall Congress assembled, until expended, for the acquisition from will- follow the procedural and substantive re- SECTION 1. SHORT TITLE. ing sellers of land or interests in land in the quirements of the law of the State in order This Act may be cited as the ‘‘Ojito Wil- State. derness Act’’. to obtain and hold any water rights not in (d) PUBLIC ACCESS.— existence on the date of enactment of this SEC. 2. DEFINITIONS. (1) IN GENERAL.—Subject to paragraph (2), In this Act: Act with respect to the wilderness area des- the declaration of trust and conveyance (1) MAP.—The term ‘‘map’’ means the map ignated by this Act. under subsection (a) shall be subject to the (4) NEW PROJECTS.— entitled ‘‘Ojito Wilderness Act’’ and dated continuing right of the public to access the October 1, 2004. (A) WATER RESOURCE FACILITY.—As used in land for recreational, scenic, scientific, edu- this subsection, the term ‘‘water resource fa- (2) PUEBLO.—The term ‘‘Pueblo’’ means the cational, paleontological, and conservation Pueblo of Zia. cility’’— uses, subject to any regulations for land (i) means irrigation and pumping facilities, (3) SECRETARY.—The term ‘‘Secretary’’ management and the preservation, protec- means the Secretary of the Interior. reservoirs, water conservation works, aque- tion, and enjoyment of the natural charac- ducts, canals, ditches, pipelines, wells, hy- (4) STATE.—The term ‘‘State’’ means the teristics of the land that are adopted by the State of New Mexico. dropower projects, and transmission and Pueblo and approved by the Secretary: Pro- SEC. 3. DESIGNATION OF THE OJITO WILDER- other ancillary facilities, and other water divided, That the Secretary shall ensure that version, storage, and carriage structures; NESS. the rights provided for in this paragraph are (a) IN GENERAL.—In furtherance of the pur- and protected and that a process for resolving (ii) does not include wildlife guzzlers. poses of the Wilderness Act (16 U.S.C. 1131 et any complaints by an aggrieved party is es- seq.), there is hereby designated as wilder- (B) RESTRICTION ON NEW WATER RESOURCE tablished. FACILITIES.—Except as otherwise provided in ness, and, therefore, as a component of the (2) CONDITIONS.—Except as provided in National Wilderness Preservation System, this Act, on and after the date of enactment øsubsection (f)¿ subsection (e)— of this Act, neither the President nor any certain land in the Albuquerque District-Bu- (A) the land conveyed under subsection (a) reau of Land Management, New Mexico, other officer, employee, or agent of the shall be maintained as open space and the United States shall fund, assist, authorize, which comprises approximately 11,183 acres, natural characteristics of the land shall be as generally depicted on the map, and which or issue a license or permit for the develop- preserved in perpetuity; and ment of any new water resource facility shall be known as the ‘‘Ojito Wilderness’’. (B) the use of motorized vehicles (except (b) MAP AND LEGAL DESCRIPTION.—The map within the wilderness area designated by this on existing roads or as is necessary for the and a legal description of the wilderness area Act. maintenance and repair of facilities used in designated by this Act shall— (j) WITHDRAWAL.—Subject to valid existing connection with grazing operations), mineral (1) be filed by the Secretary with the Com- rights, the wilderness area designated by extraction, housing, gaming, and other committee on Energy and Natural Resources of this Act, the lands to be added under sub- mercial enterprises shall be prohibited with- the Senate and the Committee on Resources section (e), and lands identified on the map in the boundaries of the land conveyed under of the House of Representatives as soon as as the ‘‘BLM Lands Authorized to be Ac- subsection (a). practicable after the date of enactment of quired by the Pueblo of Zia’’ are withdrawn (e) RIGHTS OF WAY.— this Act; from— (1) EXISTING RIGHTS OF WAY.—Nothing in (2) have the same force and effect as if in- (1) all forms of entry, appropriation, and this section shall affect— cluded in this Act, except that the Secretary disposal under the public land laws; (A) any validly issued right-of-way or the may correct clerical and typographical er- (2) location, entry, and patent under the renewal thereof; or rors in the legal description and map; and mining laws; and (B) the access for customary construction, (3) be on file and available for public in- (3) operation of the mineral leasing, min- operation, maintenance, repair, and replace- spection in the appropriate offices of the Bu- eral materials, and geothermal leasing laws. ment activities in any right-of-way issued, reau of Land Management. (k) EXCHANGE.—Not later than 3 years granted, or permitted by the Secretary. (c) MANAGEMENT OF WILDERNESS.—Subject after the date of enactment of this Act, the (2) NEW RIGHTS OF WAY AND RENEWALS.— to valid existing rights, the wilderness area Secretary shall seek to complete an ex- (A) IN GENERAL.—The Pueblo shall grant designated by this Act shall be managed by change for State land within the boundaries any reasonable request for rights-of-way for the Secretary in accordance with the Wilder- of the wilderness area designated by this utilities and pipelines over the land acquired ness Act (16 U.S.C. 1131 et seq.) and this Act, Act. under subsection (a) that is designated as the except that, with respect to the wilderness SEC. 4. LAND HELD IN TRUST. ‘‘Rights-of-Way corridor #1’’ in the Rio area designated by this Act, any reference in (a) IN GENERAL.—Subject to valid existing Puerco Resource Management Plan that is in the Wilderness Act to the effective date of rights and the conditions under subsection effect on the date of the grant. the Wilderness Act shall be deemed to be a (d), all right, title, and interest of the United (B) ADMINISTRATION.—Any right-of-way reference to the date of enactment of this States in and to the lands (including im- issued or renewed after the date of enact- Act. provements, appurtenances, and mineral ment of this Act located on land authorized (d) MANAGEMENT OF NEWLY ACQUIRED rights to the lands) generally depicted on the to be acquired under this section shall be ad- LAND.—If acquired by the United States, the map as ‘‘BLM Lands Authorized to be Ac- ministered in accordance with the rules, reg- following land shall become part of the wil- quired by the Pueblo of Zia’’ shall, on receipt ulations, and fee payment schedules of the derness area designated by this Act and shall of consideration under subsection (c) and Department of the Interior, including the be managed in accordance with this Act and adoption and approval of regulations under Rio Puerco Resources Management Plan other applicable law: subsection (d), be declared by the Secretary that is in effect on the date of issuance or re- (1) Section 12 of township 15 north, range 01 to be held in trust by the United States for newal of the right-of-way. west, New Mexico Principal Meridian.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.104 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9023 (2) Any land within the boundaries of the dropower projects, and transmission and teristics of the land that are adopted by the wilderness area designated by this Act. other ancillary facilities, and other water di- Pueblo and approved by the Secretary: Pro- (e) MANAGEMENT OF LANDS TO BE ADDED.— version, storage, and carriage structures; vided, That the Secretary shall ensure that The lands generally depicted on the map as and the rights provided for in this paragraph are ‘‘Lands to be Added’’ shall become part of (ii) does not include wildlife guzzlers. protected and that a process for resolving the wilderness area designated by this Act if (B) RESTRICTION ON NEW WATER RESOURCE any complaints by an aggrieved party is es- the United States acquires, or alternative FACILITIES.—Except as otherwise provided in tablished. adequate access is available to, section 12 of this Act, on and after the date of enactment (2) CONDITIONS.—Except as provided in sub- township 15 north, range 01 west, New Mex- of this Act, neither the President nor any section (e)— ico Principal Meridian. other officer, employee, or agent of the (A) the land conveyed under subsection (a) (f) RELEASE.—The Congress hereby finds United States shall fund, assist, authorize, shall be maintained as open space and the and directs that the lands generally depicted or issue a license or permit for the develop- natural characteristics of the land shall be on the map as ‘‘Lands to be Released’’ have ment of any new water resource facility preserved in perpetuity; and been adequately studied for wilderness des- within the wilderness area designated by this (B) the use of motorized vehicles (except ignation pursuant to section 603 of the Fed- Act. on existing roads or as is necessary for the eral Land Policy and Management Act of (j) WITHDRAWAL.—Subject to valid existing maintenance and repair of facilities used in 1976 (43 U.S.C. 1782) and no longer are subject rights, the wilderness area designated by connection with grazing operations), mineral to the requirement of section 603(c) of such this Act, the lands to be added under sub- extraction, housing, gaming, and other com- Act (43 U.S.C. 1782(c)) pertaining to the man- section (e), and lands identified on the map mercial enterprises shall be prohibited with- agement of wilderness study areas in a man- as the ‘‘BLM Lands Authorized to be Ac- in the boundaries of the land conveyed under ner that does not impair the suitability of quired by the Pueblo of Zia’’ are withdrawn subsection (a). such areas for preservation as wilderness. from— (e) RIGHTS OF WAY.— (g) GRAZING.—Grazing of livestock in the (1) all forms of entry, appropriation, and (1) EXISTING RIGHTS OF WAY.—Nothing in wilderness area designated by this Act, disposal under the public land laws; this section shall affect— where established before the date of enact- (2) location, entry, and patent under the (A) any validly issued right-of-way or the ment of this Act, shall be administered in ac- mining laws; and renewal thereof; or cordance with the provisions of section (3) operation of the mineral leasing, min- (B) the access for customary construction, 4(d)(4) of the Wilderness Act (16 U.S.C. eral materials, and geothermal leasing laws. operation, maintenance, repair, and replace- 1133(d)(4)) and the guidelines set forth in Ap- (k) EXCHANGE.—Not later than 3 years ment activities in any right-of-way issued, pendix A of the Report of the Committee on after the date of enactment of this Act, the granted, or permitted by the Secretary. Interior and Insular Affairs to accompany Secretary shall seek to complete an ex- (2) NEW RIGHTS OF WAY AND RENEWALS.— H.R. 2570 of the One Hundred First Congress change for State land within the boundaries (A) IN GENERAL.—The Pueblo shall grant (H. Rept. 101–405). any reasonable request for rights-of-way for (h) FISH AND WILDLIFE.—As provided in sec- of the wilderness area designated by this utilities and pipelines over the land acquired tion 4(d)(7) of the Wilderness Act (16 U.S.C. Act. under subsection (a) that is designated as the 1133(d)(7)), nothing in this section shall be SEC. 4. LAND HELD IN TRUST. ‘‘Rights-of-Way corridor #1’’ in the Rio construed as affecting the jurisdiction or re- (a) IN GENERAL.—Subject to valid existing Puerco Resource Management Plan that is in sponsibilities of the State with respect to rights and the conditions under subsection effect on the date of the grant. fish and wildlife in the State. (d), all right, title, and interest of the United (i) WATER RIGHTS.— States in and to the lands (including im- (B) ADMINISTRATION.—Any right-of-way (1) FINDINGS.—Congress finds that— provements, appurtenances, and mineral issued or renewed after the date of enact- (A) the land designated as wilderness by rights to the lands) generally depicted on the ment of this Act located on land authorized this Act is arid in nature and is generally map as ‘‘BLM Lands Authorized to be Ac- to be acquired under this section shall be ad- not suitable for use or development of new quired by the Pueblo of Zia’’ shall, on receipt ministered in accordance with the rules, reg- water resource facilities; and of consideration under subsection (c) and ulations, and fee payment schedules of the (B) because of the unique nature and hy- adoption and approval of regulations under Department of the Interior, including the drology of the desert land designated as wil- subsection (d), be declared by the Secretary Rio Puerco Resources Management Plan derness by this Act, it is possible to provide to be held in trust by the United States for that is in effect on the date of issuance or re- for proper management and protection of the the Pueblo and shall be part of the Pueblo’s newal of the right-of-way. (f) JUDICIAL RELIEF.— wilderness and other values of lands in ways Reservation. (1) IN GENERAL.—To enforce subsection (d), different from those used in other legisla- (b) DESCRIPTION OF LANDS.—The boundary any person may bring a civil action in the tion. of the lands authorized by this section for United States District Court for the District (2) STATUTORY CONSTRUCTION.—Nothing in acquisition by the Pueblo where generally of New Mexico seeking declaratory or in- this Act— depicted on the map as immediately adja- junctive relief. (A) shall constitute or be construed to con- cent to CR906, CR923, and Cucho Arroyo (2) SOVEREIGN IMMUNITY.—The Pueblo shall stitute either an express or implied reserva- Road shall be 100 feet from the center line of not assert sovereign immunity as a defense tion by the United States of any water or the road. or bar to a civil action brought under para- water rights with respect to the land des- (c) CONSIDERATION.— graph (1). ignated as wilderness by this Act; (1) IN GENERAL.—In consideration for the (3) EFFECT.—Nothing in this section— (B) shall affect any water rights in the conveyance authorized under subsection (a), (A) authorizes a civil action against the State existing on the date of enactment of the Pueblo shall pay to the Secretary the Pueblo for money damages, costs, or attor- this Act, including any water rights held by amount that is equal to the fair market neys fees; or the United States; value of the land conveyed, as subject to the (B) except as provided in paragraph (2), ab- (C) shall be construed as establishing a terms and conditions in subsection (d), as de- rogates the sovereign immunity of the Pueb- precedent with regard to any future wilder- termined by an independent appraisal. lo. ness designations; (2) APPRAISAL.—To determine the fair mar- (D) shall affect the interpretation of, or ket value, the Secretary shall conduct an ap- f any designation made pursuant to, any other praisal paid for by the Pueblo that is per- NEW MEXICO WATER PLANNING Act; or formed in accordance with the Uniform Ap- ASSISTANCE ACT (E) shall be construed as limiting, altering, praisal Standards for Federal Land Acquisi- modifying, or amending any of the interstate tions and the Uniform Standards of Profes- The bill (S. 178) to provide assistance compacts or equitable apportionment de- sional Appraisal Practice. to the State of New Mexico for the de- crees that apportion water among and be- (3) AVAILABILITY.—Any amounts paid under velopment of comprehensive State tween the State and other States. paragraph (1) shall be available to the Sec- water plans, and for other purposes, (3) STATE WATER LAW.—The Secretary shall retary, without further appropriation and was read the third time and passed, as follow the procedural and substantive re- until expended, for the acquisition from will- quirements of the law of the State in order ing sellers of land or interests in land in the follows: to obtain and hold any water rights not in State. S. 178 existence on the date of enactment of this (d) PUBLIC ACCESS.— Be it enacted by the Senate and House of Rep- Act with respect to the wilderness area des- (1) IN GENERAL.—Subject to paragraph (2), resentatives of the United States of America in ignated by this Act. the declaration of trust and conveyance Congress assembled, (4) NEW PROJECTS.— under subsection (a) shall be subject to the SECTION 1. SHORT TITLE. (A) WATER RESOURCE FACILITY.—As used in continuing right of the public to access the This Act may be cited as the ‘‘New Mexico this subsection, the term ‘‘water resource fa- land for recreational, scenic, scientific, edu- Water Planning Assistance Act’’. cility’’— cational, paleontological, and conservation SEC. 2. DEFINITIONS. (i) means irrigation and pumping facilities, uses, subject to any regulations for land In this Act: reservoirs, water conservation works, aque- management and the preservation, protec- (1) SECRETARY.—The term ‘‘Secretary’’ ducts, canals, ditches, pipelines, wells, hy- tion, and enjoyment of the natural charac- means the Secretary of the Interior, acting

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.105 S26JYPT1 S9024 CONGRESSIONAL RECORD — SENATE July 26, 2005 through the Bureau of Reclamation and the SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (A) the Junta Municipal de Agua y United States Geological Survey. There is authorized to be appropriated to Saneamiento de Ciudad Juarez; (2) STATE.—The term ‘‘State’’ means the carry out this Act $3,000,000 for each of fiscal (B) the El Paso Water Utilities Public State of New Mexico. years 2006 through 2010. Service Board; and SEC. 3. COMPREHENSIVE WATER PLAN ASSIST- f (C) the Lower Rio Grande Water Users Or- ANCE. ganization. (a) IN GENERAL.—Upon the request of the UNITED STATES-MEXICO TRANS- (10) WATER RESOURCES RESEARCH INSTI- Governor of the State and subject to sub- BOUNDARY AQUIFER ASSESS- TUTES.—The term ‘‘water resources research sections (b) through (f), the Secretary shall— MENT ACT institutes’’ means the institutes within the (1) provide to the State technical assist- The Senate proceded to consider the Border States established under section 104 ance and grants for the development of com- of the Water Resources Research Act of 1984 prehensive State water plans; bill (S. 214) to authorize the Secretary (42 U.S.C. 10303). of the Interior to cooperate with the (2) conduct water resources mapping in the SEC. 4. ESTABLISHMENT OF PROGRAM. State; and States on the border with Mexico and (a) IN GENERAL.—The Secretary, in con- (3) conduct a comprehensive study of other appropriate entities in consultation and cooperation with the Border groundwater resources (including potable, ducting a hydrogeologic characteriza- States, the water resources research insti- brackish, and saline water resources) in the tion, mapping, and modeling program tutes, Sandia National Laboratories, and State to assess the quantity, quality, and other appropriate entities in the United interaction of groundwater and surface for priority transboundary aquifers, States and Mexico, shall carry out the water resources. and for other purposes. United States-Mexico transboundary aquifer (b) TECHNICAL ASSISTANCE.—Technical as- S. 214 assessment program to characterize, map, sistance provided under subsection (a) may Be it enacted by the Senate and House of Rep- include— and model transboundary groundwater re- resentatives of the United States of America in sources along the United States-Mexico bor- (1) acquisition of hydrologic data, ground- Congress assembled, water characterization, database develop- der at a level of detail determined to be ap- SECTION 1. SHORT TITLE. ment, and data distribution; propriate for the particular aquifer. This Act may be cited as the ‘‘United (2) expansion of climate, surface water, and (b) OBJECTIVES.—The objectives of the pro- States-Mexico Transboundary Aquifer As- groundwater monitoring networks; gram are to— sessment Act’’. (3) assessment of existing water resources, (1) develop and implement an integrated surface water storage, and groundwater stor- SEC. 2. PURPOSE. scientific approach to assess transboundary age potential; The purpose of this Act is to direct the groundwater resources, including— (4) numerical analysis and modeling nec- Secretary of the Interior to establish a (A)(i) identifying fresh and saline essary to provide an integrated under- United States-Mexico transboundary aquifer transboundary aquifers; and standing of water resources and water man- assessment program to— (ii) prioritizing the transboundary aquifers agement options; (1) systematically assess priority for further analysis by assessing— (5) participation in State planning forums transboundary aquifers; and (I) the proximity of the transboundary aq- and planning groups; (2) provide the scientific foundation nec- uifer to areas of high population density; (6) coordination of Federal water manage- essary for State and local officials to address (II) the extent to which the transboundary ment planning efforts; pressing water resource challenges in the aquifer is used; (7) technical review of data, models, plan- United States-Mexico border region. (III) the susceptibility of the ning scenarios, and water plans developed by SEC. 3. DEFINITIONS. transboundary aquifer to contamination; and the State; and In this Act: (IV) any other relevant criteria; (8) provision of scientific and technical (1) AQUIFER.—The term ‘‘aquifer’’ means a (B) evaluating all available data and publi- specialists to support State and local activi- subsurface water-bearing geologic formation cations as part of the development of study ties. from which significant quantities of water plans for each priority transboundary aqui- (c) ALLOCATION.—In providing grants under may be extracted. fer; subsection (a), the Secretary shall, subject (2) BORDER STATE.—The term ‘‘Border (C) creating a new, or enhancing an exist- to the availability of appropriations, allo- State’’ means each of the States of Arizona, ing, geographic information system database cate— California, New Mexico, and Texas. to characterize the spatial and temporal as- (1) $5,000,000 to develop hydrologic models (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ pects of each priority transboundary aquifer; and acquire associated equipment for the means an Indian tribe, band, nation, or other and New Mexico Rio Grande main stem sections organized group or community— (D) using field studies, including support and Rios Pueblo de Taos and Hondo, Rios (A) that is recognized as eligible for the for and expansion of ongoing monitoring and Nambe, Pojoaque and Teseque, Rio Chama, special programs and services provided by metering efforts, to develop— and Lower Rio Grande tributaries; the United States to Indians because of their (i) the additional data necessary to ade- (2) $1,500,000 to complete the hydrographic status as Indians; and quately define aquifer characteristics; and survey development of hydrologic models (B) the reservation of which includes a (ii) scientifically sound groundwater flow and acquire associated equipment for the transboundary aquifer within the exterior models to assist with State and local water San Juan River and tributaries; boundaries of the reservation. management and administration, including (3) $1,000,000 to complete the hydrographic (4) PRIORITY TRANSBOUNDARY AQUIFER.— modeling of relevant groundwater and sur- survey development of hydrologic models The term ‘‘priority transboundary aquifer’’ face water interactions; and acquire associated equipment for South- means a transboundary aquifer that has been (2) expand existing agreements, as appro- west New Mexico, including the Animas designated for study and analysis under the priate, between the United States Geological Basin, the Gila River, and tributaries; program. Survey, the Border States, the water re- (4) $4,500,000 for statewide digital (5) PROGRAM.—The term ‘‘program’’ means sources research institutes, and appropriate orthophotography mapping; and the United States-Mexico transboundary aq- authorities in the United States and Mexico, (5) such sums as are necessary to carry out uifer assessment program established under to— additional projects consistent with subsection 4(a). (A) conduct joint scientific investigations; section (b). (6) RESERVATION.—The term ‘‘reservation’’ (B) archive and share relevant data; and (d) COST-SHARING REQUIREMENT.— means land that has been set aside or that (C) carry out any other activities con- (1) IN GENERAL.—The non-Federal share of has been acknowledged as having been set sistent with the program; and the total cost of any activity carried out aside by the United States for the use of an (3) produce scientific products for each pri- using a grant provided under subsection (a) shall be 50 percent. Indian tribe, the exterior boundaries of ority transboundary aquifer that— which are more particularly defined in a (A) are capable of being broadly distrib- (2) FORM OF NON-FEDERAL SHARE.—The non- Federal share under paragraph (1) may be in final tribal treaty, agreement, executive uted; and the form of any in-kind services that the order, Federal statute, secretarial order, or (B) provide the scientific information need- Secretary determines would contribute sub- judicial determination. ed by water managers and natural resource stantially toward the conduct and comple- (7) SECRETARY.—The term ‘‘Secretary’’ agencies on both sides of the United States- tion of the activity assisted. means the Secretary of the Interior, acting Mexico border to effectively accomplish the (e) NON-REIMBURSABLE BASIS.—Any assist- through the Director of the United States missions of the managers and agencies. ance or grants provided to the State under Geological Survey. (c) DESIGNATION OF PRIORITY this Act shall be made on a non-reimbursable (8) TRANSBOUNDARY AQUIFER.—The term TRANSBOUNDARY AQUIFERS.— basis. ‘‘transboundary aquifer’’ means an aquifer (1) IN GENERAL.—For purposes of the pro- (f) AUTHORIZED TRANSFERS.—On request of that underlies the boundary between the gram, the Secretary shall designate as pri- the State, the Secretary shall directly trans- United States and Mexico. ority transboundary aquifers— fer to 1 or more Federal agencies any (9) TRI-REGIONAL PLANNING GROUP.—The (A) the Hueco Bolson and Mesilla aquifers amounts made available to the State to term ‘‘Tri-Regional Planning Group’’ means underlying parts of Texas, New Mexico, and carry out this Act. the binational planning group comprised of— Mexico; and

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(B) the Santa Cruz River Valley aquifers (a), 50 percent shall be made available to the (8) TRANSBOUNDARY AQUIFER.—The term underlying Arizona and Sonora, Mexico. water resources research institutes to pro- ‘‘transboundary aquifer’’ means an aquifer (2) ADDITIONAL AQUIFERS.—The Secretary vide funding to appropriate entities in the that underlies the boundary between the shall, using the criteria under subsection Border States (including Sandia National United States and Mexico. (b)(1)(A)(ii), evaluate and designate addi- Laboratories, State agencies, universities, (9) TRI-REGIONAL PLANNING GROUP.—The tional priority transboundary aquifers. the Tri-Regional Planning Group, and other term ‘‘Tri-Regional Planning Group’’ means (d) COOPERATION WITH MEXICO.—To ensure relevant organizations) and Mexico to con- the binational planning group comprised of— a comprehensive assessment of duct activities under the program, including (A) the Junta Municipal de Agua y transboundary aquifers, the Secretary shall, the binational collection and exchange of Saneamiento de Ciudad Juarez; to the maximum extent practicable, work scientific data. (B) the El Paso Water Utilities Public with appropriate Federal agencies and other The amendment (No. 1585) was agreed Service Board; and organizations to develop partnerships with, to, as follows: (C) the Lower Rio Grande Water Users Or- and receive input from, relevant organiza- ganization. (Purpose: To designate the San Pedro tions in Mexico to carry out the program. (10) WATER RESOURCES RESEARCH INSTI- aquifers as priority transboundary aquifers) (e) GRANTS AND COOPERATIVE AGREE- TUTES.—The term ‘‘water resources research MENTS.—The Secretary may provide grants On page 7, strike lines 15 through 19 and in- institutes’’ means the institutes within the or enter into cooperative agreements and sert the following: Border States established under section 104 other agreements with the water resources (A) the Hueco Bolson and Mesilla aquifers of the Water Resources Research Act of 1984 research institutes and other Border State underlying parts of Texas, New Mexico, and (42 U.S.C. 10303). Mexico; entities to carry out the program. SEC. 4. ESTABLISHMENT OF PROGRAM. (B) the Santa Cruz River Valley aquifers SEC. 5. IMPLEMENTATION OF PROGRAM. (a) IN GENERAL.—The Secretary, in con- (a) COORDINATION WITH STATES, TRIBES, underlying Arizona and Sonora, Mexico; and sultation and cooperation with the Border AND OTHER ENTITIES.—The Secretary shall (C) the San Pedro aquifers underlying Ari- States, the water resources research insti- coordinate the activities carried out under zona and Sonora, Mexico. tutes, Sandia National Laboratories, and the program with— The bill (S. 214), as amended, was other appropriate entities in the United (1) the appropriate water resource agencies read the third time and passed, as fol- States and Mexico, shall carry out the in the Border States; lows: United States-Mexico transboundary aquifer (2) any affected Indian tribes; and S. 214 assessment program to characterize, map, (3) any other appropriate entities that are and model transboundary groundwater re- conducting monitoring and metering activ- Be it enacted by the Senate and House of Rep- sources along the United States-Mexico bor- ity with respect to a priority transboundary resentatives of the United States of America in der at a level of detail determined to be ap- aquifer. Congress assembled, propriate for the particular aquifer. (b) NEW ACTIVITY.—After the date of enact- SECTION 1. SHORT TITLE. (b) OBJECTIVES.—The objectives of the pro- ment of this Act, the Secretary shall not ini- This Act may be cited as the ‘‘United gram are to— tiate any new field studies or analyses under States-Mexico Transboundary Aquifer As- (1) develop and implement an integrated the program before consulting with, and co- sessment Act’’. scientific approach to assess transboundary ordinating the activity with, any Border SEC. 2. PURPOSE. groundwater resources, including— State water resource agencies that have ju- The purpose of this Act is to direct the (A)(i) identifying fresh and saline risdiction over the aquifer. Secretary of the Interior to establish a transboundary aquifers; and (c) STUDY PLANS; COST ESTIMATES.— United States-Mexico transboundary aquifer (ii) prioritizing the transboundary aquifers (1) IN GENERAL.—The Secretary shall work assessment program to— for further analysis by assessing— closely with appropriate Border State water (1) systematically assess priority (I) the proximity of the transboundary aq- resource agencies, water resources research transboundary aquifers; and uifer to areas of high population density; institutes, and other relevant entities to de- (2) provide the scientific foundation nec- (II) the extent to which the transboundary velop a study plan, timeline, and cost esti- essary for State and local officials to address aquifer is used; mate for each priority transboundary aquifer pressing water resource challenges in the (III) the susceptibility of the to be studied under the program. United States-Mexico border region. transboundary aquifer to contamination; and (2) REQUIREMENTS.—A study plan developed SEC. 3. DEFINITIONS. (IV) any other relevant criteria; under paragraph (1) shall, to the maximum In this Act: (B) evaluating all available data and publi- extent practicable— (1) AQUIFER.—The term ‘‘aquifer’’ means a cations as part of the development of study (A) integrate existing data collection and subsurface water-bearing geologic formation plans for each priority transboundary aqui- analyses conducted with respect to the pri- from which significant quantities of water fer; ority transboundary aquifer; may be extracted. (C) creating a new, or enhancing an exist- (B) if applicable, improve and strengthen (2) BORDER STATE.—The term ‘‘Border ing, geographic information system database existing groundwater flow models developed State’’ means each of the States of Arizona, to characterize the spatial and temporal as- for the priority transboundary aquifer; and California, New Mexico, and Texas. pects of each priority transboundary aquifer; (C) be consistent with appropriate State (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ and guidelines and goals. means an Indian tribe, band, nation, or other (D) using field studies, including support SEC. 6. EFFECT. organized group or community— for and expansion of ongoing monitoring and Nothing in this Act affects— (A) that is recognized as eligible for the metering efforts, to develop— (1) the jurisdiction or responsibility of a special programs and services provided by (i) the additional data necessary to ade- Border State with respect to managing sur- the United States to Indians because of their quately define aquifer characteristics; and face or groundwater resources in the Border status as Indians; and (ii) scientifically sound groundwater flow State; or (B) the reservation of which includes a models to assist with State and local water (2) the water rights of any person or entity transboundary aquifer within the exterior management and administration, including using water from a transboundary aquifer. boundaries of the reservation. modeling of relevant groundwater and sur- SEC. 7. REPORTS. (4) PRIORITY TRANSBOUNDARY AQUIFER.— face water interactions; Not later than 5 years after the date of en- The term ‘‘priority transboundary aquifer’’ (2) expand existing agreements, as appro- actment of this Act, and on completion of means a transboundary aquifer that has been priate, between the United States Geological the program in fiscal year 2014, the Sec- designated for study and analysis under the Survey, the Border States, the water re- retary shall submit to the appropriate water program. sources research institutes, and appropriate resource agency in the Border States, an in- (5) PROGRAM.—The term ‘‘program’’ means authorities in the United States and Mexico, terim and final report, respectively, that de- the United States-Mexico transboundary aq- to— scribes— uifer assessment program established under (A) conduct joint scientific investigations; (1) any activities carried out under the pro- section 4(a). (B) archive and share relevant data; and gram; (6) RESERVATION.—The term ‘‘reservation’’ (C) carry out any other activities con- (2) any conclusions of the Secretary relat- means land that has been set aside or that sistent with the program; and ing to the status of transboundary aquifers; has been acknowledged as having been set (3) produce scientific products for each pri- and aside by the United States for the use of an ority transboundary aquifer that— (3) the level of participation in the pro- Indian tribe, the exterior boundaries of (A) are capable of being broadly distrib- gram of entities in Mexico. which are more particularly defined in a uted; and SEC. 8. AUTHORIZATION OF APPROPRIATIONS. final tribal treaty, agreement, executive (B) provide the scientific information need- (a) IN GENERAL.—There are authorized to order, Federal statute, secretarial order, or ed by water managers and natural resource be appropriated to carry out this Act judicial determination. agencies on both sides of the United States- $50,000,000 for the period of fiscal years 2006 (7) SECRETARY.—The term ‘‘Secretary’’ Mexico border to effectively accomplish the through 2015. means the Secretary of the Interior, acting missions of the managers and agencies. (b) DISTRIBUTION OF FUNDS.—Of the through the Director of the United States (c) DESIGNATION OF PRIORITY amounts made available under subsection Geological Survey. TRANSBOUNDARY AQUIFERS.—

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(1) IN GENERAL.—For purposes of the pro- (3) the level of participation in the pro- SEC. 4. CLARIFICATION OF PROPERTY INTEREST. gram, the Secretary shall designate as pri- gram of entities in Mexico. (a) REQUIRED ACTION.—The Secretary of ority transboundary aquifers— SEC. 8. AUTHORIZATION OF APPROPRIATIONS. the Interior shall issue a quitclaim deed con- (A) the Hueco Bolson and Mesilla aquifers (a) IN GENERAL.—There are authorized to veying any right, title, and interest the underlying parts of Texas, New Mexico, and be appropriated to carry out this Act United States may have in and to Tingley Mexico; $50,000,000 for the period of fiscal years 2006 Beach and San Gabriel Park to the City. (B) the Santa Cruz River Valley aquifers through 2015. (b) TIMING.—The Secretary shall carry out underlying Arizona and Sonora, Mexico; and (b) DISTRIBUTION OF FUNDS.—Of the the action in subsection (a) as soon as prac- (C) the San Pedro aquifers underlying Ari- amounts made available under subsection ticable after the date of enactment of this zona and Sonora, Mexico. (a), 50 percent shall be made available to the title and in accordance with all applicable (2) ADDITIONAL AQUIFERS.—The Secretary water resources research institutes to pro- law. shall, using the criteria under subsection vide funding to appropriate entities in the (c) NO ADDITIONAL PAYMENT.—The City (b)(1)(A)(ii), evaluate and designate addi- Border States (including Sandia National shall not be required to pay any additional tional priority transboundary aquifers. Laboratories, State agencies, universities, costs to the United States for the value of (d) COOPERATION WITH MEXICO.—To ensure the Tri-Regional Planning Group, and other San Gabriel Park and Tingley Beach. a comprehensive assessment of relevant organizations) and Mexico to con- SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS transboundary aquifers, the Secretary shall, duct activities under the program, including UNAFFECTED. to the maximum extent practicable, work the binational collection and exchange of (a) IN GENERAL.—Except as expressly pro- with appropriate Federal agencies and other scientific data. vided in section 4, nothing in this Act shall organizations to develop partnerships with, f be construed to affect any right, title, or in- and receive input from, relevant organiza- ALBUQUERQUE BIOLOGICAL PARK terest in and to any land associated with the tions in Mexico to carry out the program. Middle Rio Grande Project. (e) GRANTS AND COOPERATIVE AGREE- TITLE CLARIFICATION ACT (b) ONGOING LITIGATION.—Nothing con- MENTS.—The Secretary may provide grants The bill (S. 229) to clear title to cer- tained in this Act shall be construed or uti- or enter into cooperative agreements and tain real property in New Mexico asso- lized to affect or otherwise interfere with other agreements with the water resources ciated with the Middle Rio Grande any position set forth by any party in the research institutes and other Border State Project, and for other purposes, was lawsuit pending before the United States entities to carry out the program. District Court for the District of New Mex- SEC. 5. IMPLEMENTATION OF PROGRAM. read the third time and passed, as fol- ico, No. CV 99–1320 JP/RLP–ACE, entitled (a) COORDINATION WITH STATES, TRIBES, lows: Rio Grande Silvery Minnow v. John W. Keys, AND OTHER ENTITIES.—The Secretary shall S. 229 III, concerning the right, title, or interest in coordinate the activities carried out under Be it enacted by the Senate and House of Rep- and to any property associated with the Mid- the program with— resentatives of the United States of America in dle Rio Grande Project. (1) the appropriate water resource agencies Congress assembled, in the Border States; SECTION 1. SHORT TITLE. f (2) any affected Indian tribes; and This Act may be cited as the ‘‘Albuquerque (3) any other appropriate entities that are Biological Park Title Clarification Act’’. ROCKY MOUNTAIN NATIONAL conducting monitoring and metering activ- SEC. 2. PURPOSE. PARK BOUNDARY ADJUSTMENT ity with respect to a priority transboundary The purpose of this Act is to direct the ACT OF 2005 aquifer. Secretary of the Interior to issue a quitclaim (b) NEW ACTIVITY.—After the date of enact- deed conveying any right, title, and interest The bill (S. 55) to adjust the bound- ment of this Act, the Secretary shall not ini- the United States may have in and to ary of Rocky Mountain National Park tiate any new field studies or analyses under Tingley Beach or San Gabriel Park to the in the State of Colorado was read the the program before consulting with, and co- City, thereby removing the cloud on the third time and passed, as follows: ordinating the activity with, any Border City’s title to these lands. S. 55 State water resource agencies that have ju- SEC. 3. DEFINITIONS. Be it enacted by the Senate and House of Rep- risdiction over the aquifer. In this Act: (c) STUDY PLANS; COST ESTIMATES.— resentatives of the United States of America in (1) CITY.—The term ‘‘City’’ means the City Congress assembled, (1) IN GENERAL.—The Secretary shall work of Albuquerque, New Mexico. SECTION 1. SHORT TITLE. closely with appropriate Border State water (2) MIDDLE RIO GRANDE CONSERVANCY DIS- This Act may be cited as the ‘‘Rocky resource agencies, water resources research TRICT.—The terms ‘‘Middle Rio Grande Con- institutes, and other relevant entities to de- servancy District’’ and ‘‘MRGCD’’ mean a Mountain National Park Boundary Adjust- velop a study plan, timeline, and cost esti- political subdivision of the State of New ment Act of 2005’’. mate for each priority transboundary aquifer Mexico, created in 1925 to provide and main- SEC. 2. DEFINITIONS. to be studied under the program. tain flood protection and drainage, and In this Act: (2) REQUIREMENTS.—A study plan developed maintenance of ditches, canals, and distribu- (1) FEDERAL PARCEL.—The term ‘‘Federal under paragraph (1) shall, to the maximum tion systems for irrigation and water deliv- parcel’’ means the parcel of approximately 70 extent practicable— ery and operations in the Middle Rio Grande acres of Federal land near MacGregor Ranch, (A) integrate existing data collection and Valley. Larimer County, Colorado, as depicted on analyses conducted with respect to the pri- (3) MIDDLE RIO GRANDE PROJECT.—The term the map. ority transboundary aquifer; ‘‘Middle Rio Grande Project’’ means the (2) MAP.—The term ‘‘map’’ means the map (B) if applicable, improve and strengthen works associated with water deliveries and numbered 121/80,154, dated June 2004. existing groundwater flow models developed operations in the Rio Grande basin as au- (3) NON-FEDERAL PARCELS.—The term ‘‘non- for the priority transboundary aquifer; and thorized by the Flood Control Act of 1948 Federal parcels’’ means the 3 parcels of non- (C) be consistent with appropriate State (Public Law 80–858; 62 Stat. 1175) and the Federal land comprising approximately 5.9 guidelines and goals. Flood Control Act of 1950 (Public Law 81–516; acres that are located near MacGregor SEC. 6. EFFECT. 64 Stat. 170). Ranch, Larimer County, Colorado, as de- Nothing in this Act affects— (4) SAN GABRIEL PARK.—The term ‘‘San Ga- picted on the map. (1) the jurisdiction or responsibility of a briel Park’’ means the tract of land con- (4) PARK.—The term ‘‘Park’’ means Rocky Border State with respect to managing sur- taining 40.2236 acres, more or less, situated Mountain National Park in the State of Col- face or groundwater resources in the Border within Section 12 and Section 13, T10N, R2E, orado. State; or N.M.P.M., City of Albuquerque, Bernalillo SEC. 3. ROCKY MOUNTAIN NATIONAL PARK (2) the water rights of any person or entity County, New Mexico, and described by New BOUNDARY ADJUSTMENT. using water from a transboundary aquifer. Mexico State Plane Grid Bearings (Central (a) EXCHANGE OF LAND.— SEC. 7. REPORTS. Zone) and ground distances in a Special War- (1) IN GENERAL.—The Secretary shall ac- Not later than 5 years after the date of en- ranty Deed conveying the property from cept an offer to convey all right, title, and actment of this Act, and on completion of MRGCD to the City, dated November 25, 1997. interest in and to the non-Federal parcels to the program in fiscal year 2014, the Sec- (5) TINGLEY BEACH.—The term ‘‘Tingley the United States in exchange for the Fed- retary shall submit to the appropriate water Beach’’ means the tract of land containing eral parcel. resource agency in the Border States, an in- 25.2005 acres, more or less, situated within (2) CONVEYANCE.—Not later than 60 days terim and final report, respectively, that de- Section 13 and Section 24, T10N, R2E, after the date on which the Secretary re- scribes— N.M.P.M., City of Albuquerque, Bernalillo ceives an offer under paragraph (1), the Sec- (1) any activities carried out under the pro- County, New Mexico, and described by New retary shall convey the Federal parcel in ex- gram; Mexico State Plane Grid Bearings (Central change for the non-Federal parcels. (2) any conclusions of the Secretary relat- Zone) and ground distances in a Special War- (3) CONSERVATION EASEMENT.—As a condi- ing to the status of transboundary aquifers; ranty Deed conveying the property from tion of the exchange of land under paragraph and MRGCD to the City, dated November 25, 1997. (2), the Secretary shall reserve a perpetual

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.106 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9027

easement to the Federal parcel for the pur- (b) LIMITATION.—Grazing under subsection Congress provide for continuation of cooper- poses of protecting, preserving, and enhanc- (a) shall be at not more than the level exist- ative partnerships and support for the Con- ing the conservation values of the Federal ing on the date on which the land is acquired necticut River Joint Commissions from the parcel. under section 3(a)(1). New England Federal Partners for Natural (b) BOUNDARY ADJUSTMENT; MANAGEMENT (c) PURCHASE OF PERMIT OR LEASE.—The Resources, a consortium of Federal agencies, OF LAND.—On acquisition of the non-Federal Secretary may purchase the outstanding in carrying out recommendations of the Con- parcels under subsection (a)(2), the Secretary portion of a grazing permit or lease on any necticut River Corridor Management Plan; shall— land acquired under section 3(a)(1). (9) this Act effectuates certain rec- (1) adjust the boundary of the Park to re- (d) TERMINATION OF LEASES OR PERMITS.— ommendations of the Connecticut River Cor- flect the acquisition of the non-Federal par- The Secretary may accept the voluntary ter- ridor Management Plan that are most appro- cels; and mination of a permit or lease for grazing on priately directed by the States through the (2) manage the non-Federal parcels as part any acquired land. Connecticut River Joint Commissions, with of the Park, in accordance with any laws (in- f assistance from the National Park Service cluding regulations) applicable to the Park. and United States Fish and Wildlife Service; UPPER CONNECTICUT RIVER f and PARTNERSHIP ACT (10) where implementation of those rec- WIND CAVE NATIONAL PARK The Senate proceeded to consider the ommendations involves partnership with BOUNDARY REVISION ACT OF 2005 bill (S. 301) to authorize the Secretary local communities and organizations, sup- The bill (S. 276) to revise the bound- of the Interior to provide assistance in port for the partnership should be provided ary of the Wind Cave National Park in by the Secretary. implementing cultural heritage, con- (b) PURPOSE.—The purpose of this Act is to the State of South Dakota was read servation, and recreational activities authorize the Secretary to provide to the the third time and passed, as follows: in the Connecticut River watershed of States of New Hampshire and Vermont (in- S. 276 the States of New Hampshire and cluding communities in those States), Be it enacted by the Senate and House of Rep- Vermont, which had been reported through the Connecticut River Joint Com- resentatives of the United States of America in from the Committee on Energy and missions, technical and financial assistance Congress assembled, Natural Resources, with amendment, for management of the River. SECTION 1. SHORT TITLE. as follows: SEC. 3. DEFINITIONS. This Act may be cited as the ‘‘Wind Cave [Strike the parts shown in black In this Act: National Park Boundary Revision Act of (1) SECRETARY.—The term ‘‘Secretary’’ 2005’’. brackets and insert the parts shown in means the Secretary of the Interior. SEC. 2. DEFINITIONS. italic.] (2) STATE.—The term ‘‘State’’ means— In this Act: S. 301 (A) the State of New Hampshire; or (1) MAP.—The term ‘‘map’’ means the map Be it enacted by the Senate and House of Rep- (B) the State of Vermont. entitled ‘‘Wind Cave National Park Bound- resentatives of the United States of America in SEC. 4. CONNECTICUT RIVER GRANTS AND TECH- ary Revision’’, numbered 108/80,030, and dated Congress assembled, NICAL ASSISTANCE PROGRAM. June 2002. SECTION 1. SHORT TITLE. (a) IN GENERAL.—The Secretary shall es- (2) PARK.—The term ‘‘Park’’ means the This Act may be cited as the ‘‘Upper Con- tablish a Connecticut River Grants and Wind Cave National Park in the State. necticut River Partnership Act’’. Technical Assistance Program to provide (3) SECRETARY.—The term ‘‘Secretary’’ SEC. 2. FINDINGS AND PURPOSE. grants and technical assistance to State and means the Secretary of the Interior. (a) FINDINGS.—Congress finds that— local governments, nonprofit organizations, (4) STATE.—The term ‘‘State’’ means the (1) the upper Connecticut River watershed and the private sector to carry out projects State of South Dakota. in the States of New Hampshire and for the conservation, restoration, and inter- SEC. 3. LAND ACQUISITION. Vermont is a scenic region of historic vil- pretation of historic, cultural, recreational, (a) AUTHORITY.— lages located in a working landscape of and natural resources in the Connecticut (1) IN GENERAL.—The Secretary may ac- farms, forests, and the mountainous head- River watershed. quire the land or interest in land described waters and broad fertile floodplains of New (b) CRITERIA.—The Secretary, in consulta- in subsection (b)(1) for addition to the Park. England’s longest river, the Connecticut tion with the Connecticut River Joint Com- (2) MEANS.—An acquisition of land under River; missions, shall develop criteria for deter- paragraph (1) may be made by donation, pur- (2) the River provides outstanding fish and mining the eligibility of applicants for, and chase from a willing seller with donated or wildlife habitat, recreation, and hydropower reviewing and prioritizing applications for, appropriated funds, or exchange. generation for the New England region; grants or technical assistance under the pro- (b) BOUNDARY.— (3) the upper Connecticut River watershed gram. (1) MAP AND ACREAGE.—The land referred has been recognized by Congress as part of (c) COST-SHARING.— to in subsection (a)(1) shall consist of ap- the Silvio O. Conte National Fish and Wild- (1) FEDERAL SHARE.—The Federal share of proximately 5,675 acres, as generally de- life Refuge, established by the Silvio O. the cost of carrying out a grant project picted on the map. Conte National Fish and Wildlife Refuge Act under subsection (a) shall not exceed 75 per- (2) AVAILABILITY OF MAP.—The map shall (16 U.S.C. 668dd note; Public Law 102–212); cent. be on file and available for public inspection (4) the demonstrated interest in steward- (2) NON-FEDERAL SHARE.—The non-Federal in the appropriate offices of the National ship of the River by the citizens living in the share of the cost of a project may be pro- Park Service. watershed led to the Presidential designa- vided in the form of in-kind contributions of (3) REVISION.—The boundary of the Park tion of the River as 1 of 14 American Herit- services or materials. shall be adjusted to reflect the acquisition of age Rivers on July 30, 1998; SEC. 5. AUTHORIZATION OF APPROPRIATIONS. land under subsection (a)(1). (5) the River is home to the bistate Con- There is authorized to be appropriated to SEC. 4. ADMINISTRATION. necticut River Scenic Byway, which will fos- carry out this Act $1,000,000 øfor each fiscal (a) IN GENERAL.—The Secretary shall ad- ter heritage tourism in the region; year¿ for each of fiscal years 2006 through 2015. minister any land acquired under section (6) each of the legislatures of the States of The committee amendment was 3(a)(1) as part of the Park in accordance with Vermont and New Hampshire has established agreed to. laws (including regulations) applicable to a commission for the Connecticut River wa- The bill (S. 301), as amended, was the Park. tershed, and the 2 commissions, known col- read a third time and passed, as fol- (b) TRANSFER OF ADMINISTRATIVE JURISDIC- lectively as the ‘‘Connecticut River Joint lows: TION.— Commissions’’— S. 301 (1) IN GENERAL.—The Secretary shall trans- (A) have worked together since 1989; and fer from the Director of the Bureau of Land (B) serve as the focal point for cooperation Be it enacted by the Senate and House of Rep- Management to the Director of the National between Federal agencies, States, commu- resentatives of the United States of America in Park Service administrative jurisdiction nities, and citizens; Congress assembled, over the land described in paragraph (2). (7) in 1997, as directed by the legislatures, SECTION 1. SHORT TITLE. (2) MAP AND ACREAGE.—The land referred the Connecticut River Joint Commissions, This Act may be cited as the ‘‘Upper Con- to in paragraph (1) consists of the approxi- with the substantial involvement of 5 bistate necticut River Partnership Act’’. mately 80 acres of land identified on the map local river subcommittees appointed to rep- SEC. 2. FINDINGS AND PURPOSE. as ‘‘Bureau of Land Management land’’. resent riverfront towns, produced the 6-vol- (a) FINDINGS.—Congress finds that— SEC. 5. GRAZING. ume Connecticut River Corridor Manage- (1) the upper Connecticut River watershed (a) GRAZING PERMITTED.—Subject to any ment Plan, to be used as a blueprint in edu- in the States of New Hampshire and permits or leases in existence as of the date cating agencies, communities, and the public Vermont is a scenic region of historic vil- of acquisition, the Secretary may permit the in how to be good neighbors to a great river; lages located in a working landscape of continuation of livestock grazing on land ac- (8) this year, by Joint Legislative Resolu- farms, forests, and the mountainous head- quired under section 3(a)(1). tion, the legislatures have requested that waters and broad fertile floodplains of New

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.107 S26JYPT1 S9028 CONGRESSIONAL RECORD — SENATE July 26, 2005 England’s longest river, the Connecticut missions, shall develop criteria for deter- count shall be transferred by the Commis- River; mining the eligibility of applicants for, and sion to the entity providing for permanent (2) the River provides outstanding fish and reviewing and prioritizing applications for, maintenance of the memorial under such wildlife habitat, recreation, and hydropower grants or technical assistance under the pro- terms and conditions as the Commission de- generation for the New England region; gram. termines will ensure the proper use and ac- (3) the upper Connecticut River watershed (c) COST-SHARING.— counting of the amounts. has been recognized by Congress as part of (1) FEDERAL SHARE.—The Federal share of SEC. 4. AUTHORIZATION OF APPROPRIATIONS. the Silvio O. Conte National Fish and Wild- the cost of carrying out a grant project There are authorized to be appropriated life Refuge, established by the Silvio O. under subsection (a) shall not exceed 75 per- such sums as may be necessary to carry out Conte National Fish and Wildlife Refuge Act cent. this Act. (16 U.S.C. 668dd note; Public Law 102–212); (2) NON-FEDERAL SHARE.—The non-Federal The committee amendment was (4) the demonstrated interest in steward- share of the cost of a project may be pro- agreed to. ship of the River by the citizens living in the vided in the form of in-kind contributions of watershed led to the Presidential designa- services or materials. The bill (S. 205), as amended, was read the third time and passed, as fol- tion of the River as 1 of 14 American Herit- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. age Rivers on July 30, 1998; There is authorized to be appropriated to lows: (5) the River is home to the bistate Con- carry out this Act $1,000,000 for each fiscal S. 205 necticut River Scenic Byway, which will fos- year for each of fiscal years 2006 through Be it enacted by the Senate and House of Rep- ter heritage tourism in the region; 2015. resentatives of the United States of America in (6) each of the legislatures of the States of Congress assembled, f Vermont and New Hampshire has established SECTION 1. SHORT TITLE. a commission for the Connecticut River wa- BUFFALO SOLDIERS This Act may be cited as the ‘‘Buffalo Sol- tershed, and the 2 commissions, known col- COMMEMORATION ACT OF 2005 diers Commemoration Act of 2005’’. lectively as the ‘‘Connecticut River Joint SEC. 2. ESTABLISHMENT OF BUFFALO SOLDIERS Commissions’’— The Senate proceeded to consider the MEMORIAL. (A) have worked together since 1989; and bill (S. 205) to authorize the American (a) AUTHORIZATION.—The American Battle (B) serve as the focal point for cooperation Battle Monuments Commission to es- Monuments Commission is authorized to es- between Federal agencies, States, commu- tablish in the State of Louisiana a me- tablish a memorial to honor the Buffalo Sol- nities, and citizens; morial to honor the Buffalo Soldiers, diers in or around the City of New Orleans on (7) in 1997, as directed by the legislatures, which had been reported from the Com- land donated for such purpose or on Federal the Connecticut River Joint Commissions, land with the consent of the appropriate land with the substantial involvement of 5 bistate mittee on Energy and Natural Re- sources, with an amendment, as fol- manager. local river subcommittees appointed to rep- (b) CONTRIBUTIONS.—The Commission shall resent riverfront towns, produced the 6-vol- lows: solicit and accept contributions for the con- ume Connecticut River Corridor Manage- [Strike the part shown in black struction and maintenance of the memorial. ment Plan, to be used as a blueprint in edu- brackets and insert the part shown in (c) COOPERATIVE AGREEMENTS.—The Com- cating agencies, communities, and the public italic] mission may enter into a cooperative agree- in how to be good neighbors to a great river; S. 205 ment with a private or public entity for the (8) this year, by Joint Legislative Resolu- purpose of fundraising for the construction tion, the legislatures have requested that Be it enacted by the Senate and House of Rep- and maintenance of the memorial. Congress provide for continuation of cooper- resentatives of the United States of America in (d) MAINTENANCE AGREEMENT.—Prior to be- ative partnerships and support for the Con- Congress assembled, ginning construction of the memorial, the necticut River Joint Commissions from the SECTION 1. SHORT TITLE. Commission shall enter into an agreement New England Federal Partners for Natural This Act may be cited as the ‘‘Buffalo Sol- with an appropriate public or private entity Resources, a consortium of Federal agencies, diers øcommemoration¿ Commemoration Act to provide for the permanent maintenance of in carrying out recommendations of the Con- of 2005’’. the memorial and shall have sufficient funds, necticut River Corridor Management Plan; SEC. 2. ESTABLISHMENT OF BUFFALO SOLDIERS or assurance that it will receive sufficient (9) this Act effectuates certain rec- MEMORIAL. funds, to complete the memorial. ommendations of the Connecticut River Cor- (a) AUTHORIZATION.—The American Battle SEC. 3. BUFFALO SOLDIERS MEMORIAL AC- ridor Management Plan that are most appro- Monuments Commission is authorized to es- COUNT. priately directed by the States through the tablish a memorial to honor the Buffalo Sol- (a) ESTABLISHMENT.—The Commission shall Connecticut River Joint Commissions, with diers in or around the City of New Orleans on maintain an escrow account (‘‘account’’) to assistance from the National Park Service land donated for such purpose or on Federal pay expenses incurred in constructing the and United States Fish and Wildlife Service; land with the consent of the appropriate land memorial. and manager. (b) DEPOSITS INTO THE ACCOUNT.—The Com- (10) where implementation of those rec- (b) CONTRIBUTIONS.—The Commission shall mission shall deposit into the account any ommendations involves partnership with solicit and accept contributions for the con- principal and interest by the United States local communities and organizations, sup- struction and maintenance of the memorial. that the Chairman determines has a suitable port for the partnership should be provided (c) COOPERATIVE AGREEMENTS.—The Com- maturity. by the Secretary. mission may enter into a cooperative agree- (c) USE OF ACCOUNT.—Amounts in the ac- (b) PURPOSE.—The purpose of this Act is to ment with a private or public entity for the count, including proceeds of any invest- authorize the Secretary to provide to the purpose of fundraising for the construction ments, may be used to pay expenses incurred States of New Hampshire and Vermont (in- and maintenance of the memorial. in establishing the memorial. After con- cluding communities in those States), (d) MAINTENANCE AGREEMENT.—Prior to be- struction of the memorial amounts in the ac- through the Connecticut River Joint Com- ginning construction of the memorial, the count shall be transferred by the Commis- missions, technical and financial assistance Commission shall enter into an agreement sion to the entity providing for permanent for management of the River. with an appropriate public or private entity maintenance of the memorial under such SEC. 3. DEFINITIONS. to provide for the permanent maintenance of terms and conditions as the Commission de- In this Act: the memorial and shall have sufficient funds, termines will ensure the proper use and ac- (1) SECRETARY.—The term ‘‘Secretary’’ or assurance that it will receive sufficient counting of the amounts. means the Secretary of the Interior. funds, to complete the memorial. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (2) STATE.—The term ‘‘State’’ means— There are authorized to be appropriated (A) the State of New Hampshire; or SEC. 3. BUFFALO SOLDIERS MEMORIAL AC- COUNT. such sums as may be necessary to carry out (B) the State of Vermont. (a) ESTABLISHMENT.—The Commission shall this Act. SEC. 4. CONNECTICUT RIVER GRANTS AND TECH- NICAL ASSISTANCE PROGRAM. maintain an escrow account (‘‘account’’) to f pay expenses incurred in constructing the (a) IN GENERAL.—The Secretary shall es- JEAN LAFITTE NATIONAL HISTOR- tablish a Connecticut River Grants and memorial. (b) DEPOSITS INTO THE ACCOUNT.—The Com- ICAL PARK AND PRESERVE Technical Assistance Program to provide BOUNDARY ADJUSTMENT ACT grants and technical assistance to State and mission shall deposit into the account any local governments, nonprofit organizations, principal and interest by the United States OF 2005 and the private sector to carry out projects that the Chairman determines has a suitable The bill (S. 207) to adjust the bound- for the conservation, restoration, and inter- maturity. ary of the Barataria Preserve Unit of (c) USE OF ACCOUNT.—Amounts in the ac- pretation of historic, cultural, recreational, the Jean Lafitte National Historical and natural resources in the Connecticut count, including proceeds of any invest- River watershed. ments, may be used to pay expenses incurred Park and Preserve in the State of Lou- (b) CRITERIA.—The Secretary, in consulta- in establishing the memorial. After con- isiana, and for other purposes, was read tion with the Connecticut River Joint Com- struction of the memorial amounts in the ac- the third time and passed, as follows:

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.108 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9029 S. 207 ation Act of 1978 (16 U.S.C. 230d) is amended important to the heritage of the United Be it enacted by the Senate and House of Rep- in the first sentence by striking ‘‘within the States and meets the criteria established resentatives of the United States of America in core area and on those lands acquired by the under section 4(a). Congress assembled, Secretary pursuant to section 902(c) of this (4) NATIONAL IMPORTANCE.—The term ‘‘na- SECTION 1. SHORT TITLE. title, he’’ and inserting ‘‘the Secretary’’. tional importance’’ means possession of— This Act may be cited as the ‘‘Jean Lafitte (d) ADMINISTRATION.—Section 906 of the Na- (A) unique natural, historical, cultural, National Historical Park and Preserve tional Parks and Recreation Act of 1978 (16 educational, scenic, or recreational re- Boundary Adjustment Act of 2005’’. U.S.C. 230e) is amended— sources of exceptional value or quality; and (1) by striking the first sentence; and (B) a high degree of integrity of location, SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL (2) in the second sentence, by striking setting, or association in illustrating or in- PARK AND PRESERVE BOUNDARY ADJUSTMENT. ‘‘Pending such establishment and thereafter terpreting the heritage of the United States. (a) IN GENERAL.—Section 901 of the Na- the’’ and inserting ‘‘The’’. (5) PROGRAM.—The term ‘‘program’’ means tional Parks and Recreation Act of 1978 (16 SEC. 3. REFERENCES IN LAW. the National Heritage Areas program estab- U.S.C. 230) is amended in the second sentence (a) IN GENERAL.—Any reference in a law lished under section 3(a). by striking ‘‘twenty thousand acres gen- (including regulations), map, document, (6) PROPOSED NATIONAL HERITAGE AREA.— erally depicted on the map entitled paper, or other record of the United States— The term ‘‘proposed National Heritage Area’’ ‘Barataria Marsh Unit-Jean Lafitte National (1) to the Barataria Marsh Unit shall be means an area under study by the Secretary Historical Park and Preserve’ numbered considered to be a reference to the Barataria or other parties for potential designation by 90,000B and dated April 1978,’’ and inserting Preserve Unit; or Congress as a National Heritage Area. ‘‘23,000 acres generally depicted on the map (2) to the Jean Lafitte National Historical (7) SECRETARY.—The term ‘‘Secretary’’ entitled ‘Boundary Map, Barataria Preserve Park shall be considered to be a reference to means the Secretary of the Interior. Unit, Jean Lafitte National Historical Park the Jean Lafitte National Historical Park (8) STUDY.—The term ‘‘study’’ means a and Preserve’, numbered 467/80100, and dated and Preserve. study conducted by the Secretary, or con- August 2002,’’. (b) CONFORMING AMENDMENTS.—Title IX of ducted by 1 or more other interested parties (b) ACQUISITION OF LAND.—Section 902 of the National Parks and Recreation Act of and reviewed by the Secretary, in accordance the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended— with the criteria and processes established 1978 (16 U.S.C. 230a) is amended— (1) by striking ‘‘Barataria Marsh Unit’’ under section 4, to determine whether an (1) in subsection (a)— each place it appears and inserting area meets the criteria to be designated as a (A) by striking ‘‘(a) Within the’’ and all ‘‘Barataria Preserve Unit’’; and National Heritage Area by Congress. that follows through the first sentence and (2) by striking ‘‘Jean Lafitte National His- SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. inserting the following: torical Park’’ each place it appears and in- (a) IN GENERAL.—The Secretary shall es- ‘‘(a) IN GENERAL.— serting ‘‘Jean Lafitte National Historical tablish a National Heritage Areas program ‘‘(1) BARATARIA PRESERVE UNIT.— Park and Preserve’’. under which the Secretary shall provide ‘‘(A) IN GENERAL.—The Secretary may ac- f technical and financial assistance to local quire any land, water, and interests in land NATIONAL HERITAGE coordinating entities to support the estab- and water within the boundary of the lishment of National Heritage Areas. Barataria Preserve Unit, as depicted on the PARTNERSHIP ACT (b) DUTIES.—Under the program, the Sec- map described in section 901, by donation, The Senate proceeded to consider the retary shall— purchase with donated or appropriated funds, bill (S. 243) to establish a program and (1)(A) conduct studies, as directed by Con- transfer from any other Federal agency, or criteria for National Heritage Areas in gress, to assess the suitability and feasibility exchange. of designating proposed National Heritage ‘‘(B) LIMITATIONS.— the United States, and for other purposes. Areas; or ‘‘(i) IN GENERAL.—With respect to the areas (B) review and comment on studies under- on the map identified as ‘Bayou aux Carpes S. 243 taken by other parties to make such assess- Addition’ and ‘CIT Tract Addition’— Be it enacted by the Senate and House of Rep- ment; ‘‘(I) any Federal land acquired in the areas resentatives of the United States of America in (2) provide technical assistance, on a reim- shall be transferred without consideration to Congress assembled, bursable or non-reimbursable basis (as deter- the administrative jurisdiction of the Na- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mined by the Secretary), for the develop- tional Park Service; and (a) SHORT TITLE.—This Act may be cited as ment and implementation of management ‘‘(II) any private land in the areas may be the ‘‘National Heritage Partnership Act’’. plans for designated National Heritage acquired by the Secretary only with the con- (b) TABLE OF CONTENTS.—The table of con- Areas; sent of the owner of the land. tents of this Act is as follows: (3) enter into cooperative agreements with ‘‘(ii) EASEMENTS.—Any Federal land in the Sec. 1. Short title; table of contents. interested parties to carry out this Act; area identified on the map as ‘CIT Tract Ad- (4) provide information, promote under- dition’ that is transferred under clause (i)(I) Sec. 2. Definitions. Sec. 3. National Heritage Areas program. standing, and encourage research on Na- shall be subject to any easements that have tional Heritage Areas in partnership with been agreed to by the Secretary and the Sec- Sec. 4. Studies. Sec. 5. Management plans. local coordinating entities; retary of the Army.’’; (5) provide national oversight, analysis, co- (B) in the second sentence, by striking Sec. 6. Local coordinating entities. Sec. 7. Relationship to other Federal agen- ordination, and technical assistance and sup- ‘‘The Secretary may also’’ and inserting the port to ensure consistency and account- following: cies. Sec. 8. Private property and regulatory pro- ability under the program; and ‘‘(2) FRENCH QUARTER.—The Secretary (6) submit annually to the Committee on may’’; tections. Sec. 9. Authorization of appropriations. Resources of the House of Representatives (C) in the third sentence, by striking and the Committee on Energy and Natural SEC. 2. DEFINITIONS. ‘‘Lands, waters, and interests therein’’ and Resources of the Senate a report describing In this Act: inserting the following: the allocation and expenditure of funds for (1) LOCAL COORDINATING ENTITY.—The term ‘‘(3) ACQUISITION OF STATE LAND.—Land, activities conducted with respect to National ‘‘local coordinating entity’’ means the entity water, and interests in land and water’’; and Heritage Areas under this Act. (D) in the fourth sentence, by striking ‘‘In designated by Congress— acquiring’’ and inserting the following: (A) to develop, in partnership with others, SEC. 4. STUDIES. ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In the management plan for a National Herit- (a) CRITERIA.—In conducting or reviewing a acquiring’’; age Area; and study, the Secretary shall apply the fol- (2) by striking subsections (b) through (f) (B) to act as a catalyst for the implemen- lowing criteria to determine the suitability and inserting the following: tation of projects and programs among di- and feasibility of designating a proposed Na- ‘‘(b) RESOURCE PROTECTION.—With respect verse partners in the National Heritage tional Heritage Area: to the land, water, and interests in land and Area. (1) An area— water of the Barataria Preserve Unit, the (2) MANAGEMENT PLAN.—The term ‘‘man- (A) has an assemblage of natural, historic, Secretary shall preserve and protect— agement plan’’ means the plan prepared by cultural, educational, scenic, or recreational ‘‘(1) fresh water drainage patterns; the local coordinating entity for a National resources that together are nationally im- ‘‘(2) vegetative cover; Heritage Area designated by Congress that portant to the heritage of the United States; ‘‘(3) the integrity of ecological and biologi- specifies actions, policies, strategies, per- (B) represents distinctive aspects of the cal systems; and formance goals, and recommendations to heritage of the United States worthy of rec- ‘‘(4) water and air quality.’’; and meet the goals of the National Heritage ognition, conservation, interpretation, and (3) by redesignating subsection (g) as sub- Area, in accordance with section 5. continuing use; section (c). (3) NATIONAL HERITAGE AREA.—The term (C) is best managed as such an assemblage (c) HUNTING, FISHING, AND TRAPPING.—Sec- ‘‘National Heritage Area’’ means an area through partnerships among public and pri- tion 905 of the National Parks and Recre- designated by Congress that is nationally vate entities at the local or regional level;

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.110 S26JYPT1 S9030 CONGRESSIONAL RECORD — SENATE July 26, 2005 (D) reflects traditions, customs, beliefs, hancement, interpretation, funding, manage- (A) the local coordinating entity rep- and folklife that are a valuable part of the ment, and development of the National Her- resents the diverse interests of the National heritage of the United States; itage Area; Heritage Area, including governments, nat- (E) provides outstanding opportunities to (2) include a description of actions and ural and historic resource protection organi- conserve natural, historical, cultural, or sce- commitments that governments, private or- zations, educational institutions, businesses, nic features; ganizations, and citizens will take to pro- recreational organizations, community resi- (F) provides outstanding recreational or tect, enhance, interpret, fund, manage, and dents, and private property owners; educational opportunities; and develop the natural, historical, cultural, edu- (B) the local coordinating entity— (G) has resources and traditional uses that cational, scenic, and recreational resources (i) has afforded adequate opportunity for have national importance. of the National Heritage Area; public and governmental involvement (in- (2) Residents, business interests, nonprofit (3) specify existing and potential sources of cluding through workshops and hearings) in organizations, and governments (including funding or economic development strategies the preparation of the management plan; and relevant Federal land management agencies) to protect, enhance, interpret, fund, manage, (ii) provides for at least semiannual public within the proposed area are involved in the and develop the National Heritage Area; meetings to ensure adequate implementation planning and have demonstrated significant (4) include an inventory of the natural, his- of the management plan; support through letters and other means for torical, cultural, educational, scenic, and (C) the resource protection, enhancement, National Heritage Area designation and recreational resources of the National Herit- interpretation, funding, management, and management. age Area related to the national importance development strategies described in the (3) The local coordinating entity respon- and themes of the National Heritage Area management plan, if implemented, would sible for preparing and implementing the that should be protected, enhanced, inter- adequately protect, enhance, interpret, fund, management plan is identified. preted, managed, funded, and developed; manage, and develop the natural, historic, (4) The proposed local coordinating entity (5) recommend policies and strategies for cultural, educational, scenic, and rec- and units of government supporting the des- resource management, including the devel- reational resources of the National Heritage ignation are willing and have documented a opment of intergovernmental and inter- Area; significant commitment to work in partner- agency agreements to protect, enhance, in- (D) the management plan would not ad- ship to protect, enhance, interpret, fund, terpret, fund, manage, and develop the nat- versely affect any activities authorized on manage, and develop resources within the ural, historical, cultural, educational, sce- Federal land under public land laws or land National Heritage Area. nic, and recreational resources of the Na- use plans; (5) The proposed local coordinating entity tional Heritage Area; (E) the local coordinating entity has dem- has developed a conceptual financial plan (6) describe a program for implementation onstrated the financial capability, in part- that outlines the roles of all participants (infor the management plan, including— nership with others, to carry out the plan; cluding the Federal Government) in the (A) performance goals; (F) the Secretary has received adequate as- management of the National Heritage Area. (B) plans for resource protection, enhance- surances from the appropriate State and (6) The proposal is consistent with contin- ment, interpretation, funding, management, local officials whose support is needed to en- ued economic activity within the area. and development; and sure the effective implementation of the (C) specific commitments for implementa- (7) A conceptual boundary map has been State and local elements of the management tion that have been made by the local co- developed and is supported by the public and plan; and ordinating entity or any government agency, participating Federal agencies. (G) the management plan demonstrates organization, business, or individual; (b) CONSULTATION.—In conducting or re- partnerships among the local coordinating (7) include an analysis of, and rec- viewing a study, the Secretary shall consult entity, Federal, State, and local govern- ommendations for, means by which Federal, with the managers of any Federal land with- ments, regional planning organizations, non- State, and local programs may best be co- in the proposed National Heritage Area and profit organizations, or private sector par- ordinated (including the role of the National secure the concurrence of the managers with ties for implementation of the management Park Service and other Federal agencies as- the findings of the study before making a de- plan. sociated with the National Heritage Area) to termination for designation. (4) DISAPPROVAL.— further the purposes of this Act; and (c) TRANSMITTAL.—On completion or re- (A) IN GENERAL.—If the Secretary dis- (8) include a business plan that— ceipt of a study for a National Heritage approves the management plan, the Sec- (A) describes the role, operation, financing, Area, the Secretary shall— retary— and functions of the local coordinating enti- (1) review, comment, and make findings (in (i) shall advise the local coordinating entity and of each of the major activities con- accordance with the criteria specified in sub- ty in writing of the reasons for the dis- tained in the management plan; and section (a)) on the feasibility of designating approval; and (B) provides adequate assurances that the the National Heritage Area; (ii) may make recommendations to the local coordinating entity has the partner- (2) consult with the Governor of each State local coordinating entity for revisions to the ships and financial and other resources nec- in which the proposed National Heritage management plan. essary to implement the management plan Area is located; and (B) DEADLINE.—Not later than 180 days for the National Heritage Area. (3) transmit to the Committee on Re- (b) DEADLINE.— after receiving a revised management plan, sources of the House of Representatives and (1) IN GENERAL.—Not later than 3 years the Secretary shall approve or disapprove the Committee on Energy and Natural Re- after the date on which funds are first made the revised management plan. sources of the Senate, the study, including— available to develop the management plan (5) AMENDMENTS.— (A) any comments received from the Gov- after designation as a National Heritage (A) IN GENERAL.—An amendment to the ernor of each State in which the proposed Area, the local coordinating entity shall sub- management plan that substantially alters National Heritage Area is located; and mit the management plan to the Secretary the purposes of the National Heritage Area (B) a finding as to whether the proposed for approval. shall be reviewed by the Secretary and ap- National Heritage Area meets the criteria (2) TERMINATION OF FUNDING.—If the man- proved or disapproved in the same manner as for designation. agement plan is not submitted to the Sec- the original management plan. (d) DISAPPROVAL.—If the Secretary deter- retary in accordance with paragraph (1), the (B) IMPLEMENTATION.—The local coordi- mines that any proposed National Heritage local coordinating entity shall not qualify nating entity shall not use Federal funds au- Area does not meet the criteria for designa- for any additional financial assistance under thorized by this Act to implement an amend- tion, the Secretary shall include within the this Act until such time as the management ment to the management plan until the Sec- study submitted under subsection (c)(3) a de- plan is submitted to and approved by the retary approves the amendment. scription of the reasons for the determina- Secretary. SEC. 6. LOCAL COORDINATING ENTITIES. tion. (c) APPROVAL OF MANAGEMENT PLAN.— (a) DUTIES.—To further the purposes of the (e) DESIGNATION.—The designation of a Na- (1) REVIEW.—Not later than 180 days after National Heritage Area, the local coordi- tional Heritage Area shall be— receiving the plan, the Secretary shall re- nating entity shall— (1) by Act of Congress; and view and approve or disapprove the manage- (1) prepare a management plan for the Na- (2) contingent on the prior completion of a ment plan for a National Heritage Area on tional Heritage Area, and submit the man- study and an affirmative determination by the basis of the criteria established under agement plan to the Secretary, in accord- the Secretary that the area meets the cri- paragraph (3). ance with section 5; teria established under subsection (a). (2) CONSULTATION.—The Secretary shall (2) submit an annual report to the Sec- SEC. 5. MANAGEMENT PLANS. consult with the Governor of each State in retary for each fiscal year for which the (a) REQUIREMENTS.—The management plan which the National Heritage Area is located local coordinating committee receives Fed- for any National Heritage Area shall— before approving a management plan for the eral funds under this Act, specifying— (1) describe comprehensive policies, goals, National Heritage Area. (A) the specific performance goals and ac- strategies, and recommendations for telling (3) CRITERIA FOR APPROVAL.—In deter- complishments of the local coordinating the story of the heritage of the area covered mining whether to approve a management committee; by the National Heritage Area and encour- plan for a National Heritage Area, the Sec- (B) the expenses and income of the local aging long-term resource protection, en- retary shall consider whether— coordinating committee;

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.110 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9031 (C) the amounts and sources of matching (3) alters any duly adopted land use regula- had been reported from the Committee funds; tion, approved land use plan, or other regu- on Energy and Natural Resources with (D) the amounts leveraged with Federal latory authority of any Federal, State or amendments, as follows: funds and sources of the leveraging; and local agency, or conveys any land use or [Strike the parts shown in black (E) grants made to any other entities dur- other regulatory authority to any local co- bracket and insert the parts shown in ing the fiscal year; ordinating entity; (3) make available for audit for each fiscal (4) authorizes or implies the reservation or italic.] year for which the local coordinating entity appropriation of water or water rights; S. 152 receives Federal funds under this Act, all in- (5) diminishes the authority of the State to Be it enacted by the Senate and House of Rep- formation pertaining to the expenditure of manage fish and wildlife, including the regu- resentatives of the United States of America in the funds and any matching funds; and lation of fishing and hunting within the Na- Congress assembled, (4) encourage economic viability and sus- tional Heritage Area; or SECTION 1. SHORT TITLE. tainability that is consistent with the pur- (6) creates any liability, or affects any li- This Act may be cited as the ‘‘Wild Sky poses of the National Heritage Area. ability under any other law, of any private Wilderness Act of 2005’’. (b) AUTHORITIES.—For the purposes of pre- property owner with respect to any person SEC. 2. ADDITIONS TO THE NATIONAL WILDER- paring and implementing the approved man- injured on the private property. NESS PRESERVATION SYSTEM. agement plan for the National Heritage SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) ADDITIONS.—The following Federal lands in the State of Washington are hereby Area, the local coordinating entity may use (a) STUDIES.—There is authorized to be ap- Federal funds made available under this Act propriated to conduct and review studies designated as wilderness and, therefore, as to— under section 4 $750,000 for each fiscal year, components of the National Wilderness Pres- ervation System: certain lands which com- (1) make grants to political jurisdictions, of which not more than $250,000 for any fiscal prise approximately 106,000 acres, as gen- nonprofit organizations, and other parties year may be used for any individual study erally depicted on a map entitled ‘‘Wild Sky within the National Heritage Area; for a proposed National Heritage Area. (2) enter into cooperative agreements with Wilderness Proposal’’, ‘‘Map #1’’, and dated (b) LOCAL COORDINATING ENTITIES.— or provide technical assistance to political January 7, 2003, which shall be known øas the (1) IN GENERAL.—There is authorized to be Wild Sky Wilderness.¿ as the ‘‘Wild Sky Wil- jurisdictions, nonprofit organizations, Fed- appropriated to carry out section 6 $15,000,000 derness’’. eral agencies, and other interested parties; for each fiscal year, of which not more (b) MAPS AND LEGAL DESCRIPTIONS.—As (3) hire and compensate staff, including in- than— dividuals with expertise in— soon as practicable after the date of enact- (A) $1,000,000 may be made available for ment of this Act, the Secretary of Agri- (A) natural, historical, cultural, edu- any fiscal year for any individual National cational, scenic, and recreational resource culture shall file a map and a legal descrip- Heritage Area, to remain available until ex- tion for the wilderness area designated under conservation; pended; and (B) economic and community development; this Act with the Committee on Energy and (B) a total of $10,000,000 may be made avail- Natural Resources of the øUnited States¿ and able for all such fiscal years for any indi- (C) heritage planning; Senate and the Committee on Resources of vidual National Heritage Area. ø ¿ (4) obtain funds or services from any the United States House of Representa- (2) TERMINATION DATE.— source, including other Federal laws or pro- tives. The map and description shall have (A) IN GENERAL.—The authority of the Sec- grams; the same force and effect as if included in retary to provide financial assistance to an this Act, except that the Secretary of Agri- (5) contract for goods or services; and individual local coordinating entity under (6) support activities of partners and any culture may correct clerical and typo- this Act (excluding technical assistance and graphical errors in the legal description and other activities that further the purposes of administrative oversight) shall terminate on the National Heritage Area and are con- map. The map and legal description shall be the date that is 15 years after the date of the on file and available for public inspection in sistent with the approved management plan. initial receipt of the assistance by the local (c) PROHIBITION ON ACQUISITION OF REAL the office of the Chief of the Forest Service, coordinating committee. PROPERTY.—The local coordinating entity Department of Agriculture. (B) DESIGNATION.—A National Heritage may not use Federal funds authorized under SEC. 3. ADMINISTRATION PROVISIONS. Area shall retain the designation as a Na- this Act to acquire any interest in real prop- (a) IN GENERAL.— tional Heritage Area after the termination erty. (1) Subject to valid existing rights, lands date prescribed in subparagraph (A). SEC. 7. RELATIONSHIP TO OTHER FEDERAL designated as wilderness by this Act shall be (3) ADMINISTRATION.—Not more than 5 per- AGENCIES. managed by the Secretary of Agriculture in cent of the amount of funds made available (a) IN GENERAL.—Nothing in this Act af- accordance with the Wilderness Act (16 fects the authority of a Federal agency to under paragraph (1) for a fiscal year may be U.S.C. 1131 et seq.) and this Act, except that, provide technical or financial assistance used by the Secretary for technical assist- with respect to any wilderness areas des- under any other law. ance, oversight, and administrative pur- ignated by this Act, any reference in the Wil- (b) CONSULTATION AND COORDINATION.—The poses. derness Act to the effective date of the Wil- head of any Federal agency planning to con- (c) MATCHING FUNDS.— derness Act shall be deemed to be a reference duct activities that may have an impact on (1) IN GENERAL.—As a condition of receiv- to the date of enactment of this Act. a National Heritage Area is encouraged to ing a grant under this Act, the recipient of (2) To fulfill the purposes of this Act and consult and coordinate the activities with the grant shall provide matching funds in an the Wilderness Act and to achieve adminis- the Secretary and the local coordinating en- amount that is equal to the amount of the trative efficiencies, the Secretary of Agri- tity to the maximum extent practicable. grant. culture may manage the area designated by (c) OTHER FEDERAL AGENCIES.—Nothing in (2) ADMINISTRATION.—The recipient match- this Act as a comprehensive part of the larg- this Act— ing funds— er complex of adjacent and nearby wilderness (1) modifies, alters, or amends any law or (A) shall be derived from non-Federal areas. regulation authorizing a Federal agency to sources; and (b) NEW TRAILS.— manage Federal land under the jurisdiction (B) may be made in the form of in-kind (1) The Secretary of Agriculture shall con- of the Federal agency; contributions of goods or services fairly val- sult with interested parties and shall estab- (2) limits the discretion of a Federal land ued. lish a trail plan for Forest Service lands in manager to implement an approved land use The amendment (No. 1586) was agreed order to ødevelop:¿ develop— plan within the boundaries of a National to as follows: (A) a system of hiking and equestrian Heritage Area; or (The amendment is printed in today’s trails within the wilderness designated by (3) modifies, alters, or amends any author- RECORD under ‘‘Text of Amendments.’’) this Act in a manner consistent with the ø ¿ ized use of Federal land under the jurisdic- The bill (S. 243), as amended, was Wilderness Act , Public Law 88–577 (16 tion of a Federal agency. U.S.C. 1131 et seq.); and read the third time and passed. SEC. 8. PRIVATE PROPERTY AND REGULATORY (B) a system of trails adjacent to or to pro- PROTECTIONS. f vide access to the wilderness designated by Nothing in this Act— WILD SKY WILDERNESS ACT OF this Act. (1) abridges the rights of any property 2005 (2) Within two years after the date of en- owner (whether public or private), including actment of this Act, the Secretary of Agri- the right to refrain from participating in any The Senate proceeded to consider the culture shall complete a report on the imple- plan, project, program, or activity conducted bill (S. 152) to enhance ecosystem pro- mentation of the trail plan required under within the National Heritage Area; tection and the range of outdoor oppor- this Act. This report shall include the identi- (2) requires any property owner to permit tunities protected by statute in the fication of priority øtrail¿ trails for develop- public access (including access by Federal, ment. State, or local agencies) to the property of Skykomish River valley of the State of (c) REPEATER SITE.—Within the Wild Sky the property owner, or to modify public ac- Washington by designating certain Wilderness, the Secretary of Agriculture is cess or use of property of the property owner lower-elevation Federal lands as wil- authorized to use helicopter access to con- under any other Federal, State, or local law; derness, and for other purposes, which struct and maintain a joint Forest Service

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.110 S26JYPT1 S9032 CONGRESSIONAL RECORD — SENATE July 26, 2005 and Snohomish County telecommunications The committee amendments were tions for safety, health, and emergency serv- repeater site, in compliance with a Forest agreed to. ices. Service approved communications site plan, The bill (S. 152), as amended, was (d) FLOAT PLANE ACCESS.—As provided by for the purposes of improving communica- read the third time and passed, as fol- section 4(d)(1) of the Wilderness Act (16 tions for safety, health, and emergency services. lows: U.S.C. 1133(d)(1)), the use of floatplanes on (d) FLOAT PLANE ACCESS.—As provided by S. 152 Lake Isabel, where such use has already be- section 4(d)(1) of the Wilderness Act (16 Be it enacted by the Senate and House of Rep- come established, shall be permitted to con- U.S.C. 1133(d)(1)), the use of floatplanes on resentatives of the United States of America in tinue subject to such reasonable restrictions Lake Isabel, where such use has already be- Congress assembled, as the Secretary of Agriculture determines come established, shall be permitted to con- SECTION 1. SHORT TITLE. to be desirable. tinue subject to such reasonable restrictions This Act may be cited as the ‘‘Wild Sky (e) EVERGREEN MOUNTAIN LOOKOUT.—The as the Secretary of Agriculture determines Wilderness Act of 2005’’. designation under this Act shall not preclude to be desirable. SEC. 2. ADDITIONS TO THE NATIONAL WILDER- the operation and maintenance of the exist- (e) EVERGREEN MOUNTAIN LOOKOUT.—The NESS PRESERVATION SYSTEM. designation under this Act shall not preclude ing Evergreen Mountain Lookout in the (a) ADDITIONS.—The following Federal the operation and maintenance of the exist- same manner and degree in which the oper- ing Evergreen Mountain Lookout in the lands in the State of Washington are hereby ation and maintenance of such lookout was same manner and degree in which the oper- designated as wilderness and, therefore, as occurring as of the date of enactment of this ation and maintenance of such lookout was components of the National Wilderness Pres- Act. occurring as of the date of enactment of this ervation System: certain lands which com- SEC. 4. AUTHORIZATION FOR LAND ACQUISITION. Act. prise approximately 106,000 acres, as generally depicted on a map entitled ‘‘Wild Sky SEC. 4. AUTHORIZATION FOR LAND ACQUISITION. (a) IN GENERAL.—The Secretary of Agri- Wilderness Proposal’’, ‘‘Map #1’’, and dated (a) IN GENERAL.—The Secretary of Agri- culture is authorized to acquire lands and in- culture is authorized to acquire lands and in- January 7, 2003, which shall be known as the terests therein, by purchase, donation, or ex- terests therein, by purchase, donation, or ex- ‘‘Wild Sky Wilderness’’. change, and shall give priority consideration (b) MAPS AND LEGAL DESCRIPTIONS.—As change, and shall give priority consideration to those lands identified as ‘‘Priority Acqui- soon as practicable after the date of enact- to those lands identified as ‘‘Priority Acqui- sition Lands’’ on the map described in sec- ment of this Act, the Secretary of Agri- sition Lands’’ on the map described in section 2(a). The boundaries of the Mt. Baker- tion 2(a)ø(1)¿. The boundaries of the Mt. culture shall file a map and a legal description for the wilderness area designated under Snoqualmie National Forest and the Wild Baker-Snoqualmie National Forest and the Sky Wilderness shall be adjusted to encom- Wild Sky Wilderness shall be adjusted to en- this Act with the Committee on Energy and Natural Resources of the Senate and the pass any lands acquired pursuant to this sec- compass any lands acquired pursuant to this tion. section. Committee on Resources of the House of (b) ACCESS.—Consistent with section 5(a) of Representatives. The map and description (b) ACCESS.—Consistent with section 5(a) of the Wilderness Act ø(Public Law 88–577;¿ 16 shall have the same force and effect as if in- the Wilderness Act 16 U.S.C. 1134(a)), the U.S.C. 1134(a)), the Secretary of Agriculture cluded in this Act, except that the Secretary Secretary of Agriculture shall ensure ade- shall ensure adequate access to private of Agriculture may correct clerical and typo- quate access to private inholdings within the inholdings within the Wild Sky Wilderness. graphical errors in the legal description and Wild Sky Wilderness. (c) APPRAISAL.—Valuation of private lands map. The map and legal description shall be shall be determined without reference to any on file and available for public inspection in (c) APPRAISAL.—Valuation of private lands restrictions on access or use which arise out the office of the Chief of the Forest Service, shall be determined without reference to any of designation as a wilderness area as a re- Department of Agriculture. restrictions on access or use which arise out sult of this Act. SEC. 3. ADMINISTRATION PROVISIONS. of designation as a wilderness area as a re- SEC. 5. LAND EXCHANGES. (a) IN GENERAL.— sult of this Act. The Secretary of Agriculture shall ex- (1) Subject to valid existing rights, lands SEC. 5. LAND EXCHANGES. change lands and interests in lands, as gen- designated as wilderness by this Act shall be erally depicted on a ømap entitled Chelan managed by the Secretary of Agriculture in The Secretary of Agriculture shall ex- County Public Utility District Exchange accordance with the Wilderness Act (16 change lands and interests in lands, as gen- and¿ map entitled ‘‘Chelan County Public Util- U.S.C. 1131 et seq.) and this Act, except that, erally depicted on a map entitled ‘‘Chelan ity District Exchange’’ and dated May 22, 2002, with respect to any wilderness areas des- County Public Utility District Exchange’’ with the Chelan County Public Utility Dis- ignated by this Act, any reference in the Wil- and dated May 22, 2002, with the Chelan trict in accordance with the following provi- derness Act to the effective date of the Wil- County Public Utility District in accordance sions: derness Act shall be deemed to be a reference with the following provisions: (1) If the Chelan County Public Utility Dis- to the date of enactment of this Act. (1) If the Chelan County Public Utility Dis- trict, within ninety days after the date of en- (2) To fulfill the purposes of this Act and trict, within ninety days after the date of enactment of this Act, offers to the Secretary the Wilderness Act and to achieve adminis- actment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres trative efficiencies, the Secretary of Agri- of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National culture may manage the area designated by within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Sec- this Act as a comprehensive part of the larg- Forest in the State of Washington, the Sec- retary shall accept such lands. er complex of adjacent and nearby wilderness retary shall accept such lands. (2) Upon acceptance of title by the Sec- areas. (2) Upon acceptance of title by the Sec- retary of Agriculture to such lands and in- (b) NEW TRAILS.— retary of Agriculture to such lands and interests therein, the Secretary of Agriculture (1) The Secretary of Agriculture shall con- terests therein, the Secretary of Agriculture shall convey to the Chelan County Public sult with interested parties and shall estab- shall convey to the Chelan County Public Utility District a permanent easement, in- lish a trail plan for Forest Service lands in Utility District a permanent easement, including helicopter access, consistent with order to develop— cluding helicopter access, consistent with such levels as used as of date of enactment, (A) a system of hiking and equestrian such levels as used as of date of enactment, to maintain an existing telemetry site to trails within the wilderness designated by to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the this Act in a manner consistent with the monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Wilderness Act (16 U.S.C. 1131 et seq.); and Wenatchee National Forest in the State of Washington. (B) a system of trails adjacent to or to pro- Washington. (3) The exchange directed by this Act shall vide access to the wilderness designated by (3) The exchange directed by this Act shall be consummated if Chelan County Public this Act. be consummated if Chelan County Public Utility District conveys title acceptable to (2) Within two years after the date of en- Utility District conveys title acceptable to the Secretary and provided there is no haz- actment of this Act, the Secretary of Agri- the Secretary and provided there is no hazardous material on the site, which is objec- culture shall complete a report on the imple- ardous material on the site, which is objec- tionable to the Secretary. mentation of the trail plan required under tionable to the Secretary. (4) In the event Chelan County Public Util- this Act. This report shall include the identi- (4) In the event Chelan County Public Util- ity District determines there is no longer a fication of priority trail for development. ity District determines there is no longer a need to maintain a telemetry site to monitor (c) REPEATER SITE.—Within the Wild Sky need to maintain a telemetry site to monitor the snow pack for calculating expected run- Wilderness, the Secretary of Agriculture is the snow pack for calculating expected runoff into the Lake Chelan hydroelectric authorized to use helicopter access to con- off into the Lake Chelan hydroelectric project and the hydroelectric projects in the struct and maintain a joint Forest Service project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be and Snohomish County telecommunications Columbia River Basin, the Secretary shall be notified in writing and the easement shall be repeater site, in compliance with a Forest notified in writing and the easement shall be extinguished and all rights conveyed by this Service approved communications site plan, extinguished and all rights conveyed by this exchange shall revert to the United States. for the purposes of improving communica- exchange shall revert to the United States.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.111 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9033 EXTENSION OF THE DEADLINE dated December 2002, and on file with the Bu- S. 232 reau of Reclamation. FOR COMMENCEMENT OF A HY- Be it enacted by the Senate and House of Rep- DROELECTRIC PLANT IN THE SEC. 3. AUTHORIZATION TO PARTICIPATE IN resentatives of the United States of America in PROGRAM. STATE OF ALASKA Congress assembled, (a) GRANTS AND COOPERATIVE AGREE- The bill (S. 176) to extend the dead- MENTS.—The Secretary may provide grants SECTION 1. DEFINITIONS. line for commencement of construction to, or enter into cooperative or other agree- As used in this Act— of a hydroelectric project in the State ments with, tribal, State, and local govern- (1) ‘‘Secretary’’ means the Secretary of the of Alaska was read the third time and mental entities and the Associated Ditch Interior, acting through the Commissioner of passed, as follows: Companies, Incorporated, to plan, design, Reclamation; and construct facilities needed to implement (2) ‘‘Reclamation’’ means the Bureau of S. 176 the Wallowa Lake Dam Rehabilitation Pro- Reclamation, United States Department of Be it enacted by the Senate and House of Rep- gram and Phase II and Phase III of the the Interior; resentatives of the United States of America in Wallowa Valley Water Management Plan. (3) ‘‘Fish passage and screening facilities’’ Congress assembled, (b) CONDITIONS.—As a condition of pro- means ladders, collection devices, and all SECTION 1. EXTENSION OF TIME FOR FEDERAL viding funds under subsection (a), the Sec- other kinds of facilities which enable fish to ENERGY REGULATORY COMMISSION retary shall ensure that— pass through, over, or around water diver- PROJECT. (1) the Wallowa Lake Dam Rehabilitation sion structures; facilities and other con- Notwithstanding the time period specified Program meets the standards of the dam structed works which modify, consolidate, or in section 13 of the Federal Power Act (16 safety program of the State of Oregon; replace water diversion structures in order U.S.C. 806) that would otherwise apply to the (2) the Associated Ditch Companies, Incor- to achieve fish passage; screens and other de- Federal Energy Regulatory Commission porated, agrees to assume liability for any vices which reduce or prevent entrainment project numbered 11480, the Commission work performed, or supervised, with funds and impingement of fish in a water diver- may, at the request of the licensee for the provided to it under this Act; and sion, delivery, or distribution system; and project, and after reasonable notice, in ac- (3) the United States shall not be liable for any other facilities, projects, or constructed cordance with the good faith, due diligence, damages of any kind arising out of any act, works or strategies which are designed to and public interest requirements of that sec- omission, or occurrence relating to a facility provide for or improve fish passage while tion and the Commission’s procedures under rehabilitated or constructed under this Act. maintaining water deliveries and to reduce that section extend the time period during (c) COST SHARING.— or prevent entrainment and impingement of which the licensee is required to commence (1) IN GENERAL.—The Federal share of the fish in a water storage, diversion, delivery, the construction of the project for 3 consecu- costs of activities authorized under this Act or distribution system of a water project; tive 2-year periods beyond the date that is 4 shall not exceed 80 percent. (4) ‘‘Federal reclamation project’’ means a years after the date of issuance of the li- (2) EXCLUSIONS FROM FEDERAL SHARE.— water resources development project con- cense. There shall not be credited against the Fed- structed, operated, and maintained pursuant eral share of such costs— f to the Reclamation Act of 1902 (32 Stat. 388), (A) any expenditure by the Bonneville and acts amendatory thereof and supple- WALLOWA LAKE DAM REHABILI- Power Administration in the Wallowa River mentary thereto; TATION AND WATER MANAGE- watershed; and (5) ‘‘Non-Federal party’’ means any non- MENT ACT OF 2005 (B) expenditures made by individual agri- Federal party, including federally recognized cultural producers in any Federal com- The bill (S. 231) to authorize the Bu- Indian tribes, non-Federal governmental and modity or conservation program. quasi-governmental entities, private entities reau of Reclamation to participate in (d) COMPLIANCE WITH STATE LAW.—In car- (both profit and non-profit organizations), rying out this Act, the Secretary shall com- the rehabilitation of the Wallowa Lake and private individuals; ply with otherwise applicable State water Dam in Oregon, and for other purposes, (6) ‘‘Snake River Basin’’ means the entire law. was read the third time and passed, as drainage area of the Snake River, including (e) PROHIBITION ON HOLDING TITLE.—The follows: all tributaries, from the headwaters to the Federal Government shall not hold title to confluence of the Snake River with the Co- S. 231 any facility rehabilitated or constructed lumbia River; Be it enacted by the Senate and House of Rep- under this Act. (7) ‘‘Columbia River Basin’’ means the en- resentatives of the United States of America in (f) PROHIBITION ON OPERATION AND MAINTE- tire drainage area of the Columbia River lo- Congress assembled, NANCE.—The Federal Government shall not be responsible for the operation and mainte- cated in the United States, including all SECTION 1. SHORT TITLE. tributaries, from the headwaters to the Co- This Act may be cited as the ‘‘Wallowa nance of any facility constructed or rehabilitated under this Act. lumbia River estuary; and Lake Dam Rehabilitation and Water Man- (8) ‘‘Habitat improvements’’ means work agement Act of 2005’’. (g) OWNERSHIP AND OPERATION OF FISH PAS- SAGE FACILITY.—Any facility constructed to improve habitat for aquatic plants and SEC. 2. DEFINITIONS. using Federal funds authorized by this Act animals within a currently existing stream In this Act: located at Wallowa Lake Dam for trapping channel below the ordinary high water mark, (1) ASSOCIATED DITCH COMPANIES, INCOR- and transportation of migratory adult salm- including stream reconfiguration to rehabili- PORATED.—The term ‘‘Associated Ditch Com- on may be owned and operated only by the tate and protect the natural function of panies, Incorporated’’ means the nonprofit Nez Perce Tribe. streambeds, and riverine wetland construc- corporation established under the laws of the tion and protection. SEC. 4. RELATIONSHIP TO OTHER LAW. State of Oregon that operates Wallowa Lake An activity funded under this Act shall not SEC. 2. AUTHORIZATION. Dam. be considered a supplemental or additional (2) PHASE II AND PHASE III OF THE WALLOWA (a) IN GENERAL.—Subject to the require- benefit under Federal reclamation law (the VALLEY WATER MANAGEMENT PLAN.—The term ments of this Act, the Secretary is author- Act of June 17, 1902 (32 Stat. 388, chapter ‘‘Phase II and Phase III of the Wallowa Val- ized to plan, design, and construct, or pro- 1093), and Acts supplemental to and amend- ley Water Management Plan’’ means the vide financial assistance to non-Federal par- atory of that Act (43 U.S.C. 371 et seq.)). Phase II program for fish passage improve- ties to plan, design, and construct, fish pas- ments and water conservation measures, and SEC. 5. AUTHORIZATION OF APPROPRIATIONS. sage and screening facilities or habitat im- the Phase III program for implementation of There is authorized to be appropriated to provements at any non-Federal water diver- water exchange infrastructure, developed for the Secretary to the pay the Federal share of sion or storage project located anywhere in the Wallowa River watershed, as contained the costs of activities authorized under this the Columbia River Basin when the Sec- in the document entitled ‘‘Wallowa Lake Act $25,600,000. retary determines that such facilities would Dam Rehabilitation and Water Management f enable Reclamation to meet its obligations under section 7(a)(2) of the Endangered Spe- Plan Vision Statement’’, dated February FISH PASSAGE AND SCREENING 2001, and on file with the Bureau of Reclama- cies Act of 1973 (16 U.S.C. 1536(a)(2)) regard- tion. FACILITIES AT NON-FEDERAL ing the construction and continued oper- (3) SECRETARY.—The term ‘‘Secretary’’ WATER PROJECTS ation and maintenance of all Federal rec- means the Secretary of the Interior, acting The bill (S. 232) to authorize the Sec- lamation projects located in the Columbia through the Commissioner of Reclamation. retary of the Interior, acting through River Basin, excluding the Federal reclama- (4) WALLOWA LAKE DAM REHABILITATION tion projects located in the Snake River the Bureau of Reclamation, to assist in Basin. PROGRAM.—The term ‘‘Wallowa Lake Dam the implementation of fish passage and Rehabilitation Program’’ means the program (b) PROHIBITION OF ACQUISITION OF LAND for the rehabilitation of the Wallowa Lake screening facilities at non-Federal FOR HABITAT IMPROVEMENTS.—Notwith- Dam in Oregon, as contained in the engineer- water projects, and for other purposes, standing subsection (a), nothing in this Act ing document entitled, ‘‘Phase I Dam Assess- was read the third time and passed, as authorizes the acquisition of land for habitat ment and Preliminary Engineering Design’’, follows: improvements.

VerDate Aug 04 2004 04:27 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.112 S26JYPT1 S9034 CONGRESSIONAL RECORD — SENATE July 26, 2005 SEC. 3. LIMITATIONS. Power and Conservation Council; appropriate Act (43 U.S.C. 390h et seq.) is amended by (a) WRITTEN AGREEMENT.—The Secretary agencies of the States of Idaho, Oregon, and adding at the end the following: may undertake the construction of, or pro- Washington; and appropriate federally recog- ‘‘SEC. 1637. HAWAII RECLAMATION PROJECTS. vide financial assistance covering the cost to nized Indian tribes in carrying out the pro- ‘‘(a) AUTHORIZATION.—The Secretary may— the non-Federal parties to construct, fish gram authorized by this Act. ‘‘(1) in cooperation with the Board of passage and screening facilities at non-Fed- SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMA- Water Supply, City and County of Honolulu, eral water diversion and storage projects or TION LAW. Hawaii, participate in the design, planning, habitat improvements located anywhere in (a) IN GENERAL.—The Reclamation Act of and construction of a project in Kalaeloa, the Columbia River Basin only after entering 1902 (32 Stat. 388), and Acts amendatory Hawaii, to desalinate and distribute sea- into a voluntary, written agreement with thereof and supplementary thereto, shall not water for direct potable use within the serv- the non-Federal party or parties who own, apply to the non-Federal water projects at ice area of the Board; operate, or maintain the project, or any as- which the fish passage and screening facili- ‘‘(2) in cooperation with the County of Ha- sociated lands involved. ties authorized by this Act are located, nor waii Department of Environmental Manage- (b) FEDERAL SHARE.—The Federal share of to the lands which such projects irrigate. ment, Hawaii, participate in the design, the total costs of constructing the fish pas- (b) NONREIMBURSABLE AND NONRETURNABLE planning, and construction of facilities in sage and screening facility or habitat im- EXPENDITURES.—Notwithstanding any provi- Kealakehe, Hawaii, for the treatment and provements shall be not more than 75 per- sion of law to the contrary, the expenditures distribution of recycled water and for envi- cent. made by the Secretary pursuant to this Act ronmental purposes within the County; and (c) NON-FEDERAL SHARE.— shall not be a project cost assignable to any ‘‘(3) in cooperation with the County of (1) Except as provided in paragraph (4), a Federal reclamation project (either as a con- Maui Wastewater Reclamation Division, Ha- written agreement entered into under sub- struction cost or as an operation and main- waii, participate in the design, planning, and section (a) shall provide that the non-Fed- tenance cost) and shall be non-reimbursable construction of, and acquire land for, facili- eral party agrees to pay the non-Federal and non-returnable to the United States ties in Lahaina, Hawaii, for the distribution share of the total costs of constructing the Treasury. of recycled water from the Lahaina Waste- fish passage and screening facility or habitat SEC. 6. AUTHORIZATION OF APPROPRIATIONS. water Reclamation Facility for non-potable improvements. There are authorized to be appropriated uses within the County. (2) The non-Federal share may be provided such amounts as are necessary for the pur- ‘‘(b) COST SHARE.—The Federal share of the in the form of cash or in-kind services. poses of this Act. cost of a project described in subsection (a) (3) The Secretary shall— shall not exceed 25 percent of the total cost (A) require the non-Federal party to pro- f of the project. vide appropriate documentation of any in- EXTENSION OF THE DEADLINE ‘‘(c) LIMITATION.—Funds provided by the kind services provided; and FOR COMMENCEMENT OF CON- Secretary shall not be used for the operation (B) determine the value of the in-kind and maintenance of a project described in STRUCTION OF A HYDRO- subsection (a). services. ELECTRIC PLANT IN THE STATE (4) The requirements of this subsection ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— shall not apply to Indian tribes. OF WYOMING There are authorized to be appropriated such sums as are necessary to carry out this sec- (d) GRANT AND COOPERATIVE AGREE- The bill (S. 244) to extend the dead- tion.’’. MENTS.—Any financial assistance made line for commencement of construction (b) CONFORMING AMENDMENT.—The table of available pursuant to this Act shall be proof a hydroelectric project in the State sections in section 2 of the Reclamation vided through grant agreements or coopera- of Wyoming, was read the third and Projects Authorization and Adjustment Act tive agreements entered into pursuant to of 1992 (43 U.S.C. prec. 371) is amended by in- and in compliance with chapter 63 of title 31, passed, as follows: serting after the item relating to section 1636 United States Code. S. 244 the following: (e) TERMS AND CONDITIONS.—The Secretary Be it enacted by the Senate and House of Rep- ‘‘Sec. 1637. Hawaii reclamation projects.’’. may require such terms and conditions as resentatives of the United States of America in will ensure performance by the non-Federal Congress assembled, The amendment (No. 1587) was agreed party, protect the Federal investment in fish SECTION 1. EXTENSION OF TIME FOR THE FED- to, as follows: passage and screening facilities or habitat ERAL ENERGY REGULATORY COM- (Purpose: To make technical corrections) improvements, define the obligations of the MISSION HYDROELECTRIC PROJECT. On page 2, strike lines 1 through 5 and in- Secretary and the non-Federal party, and en- Notwithstanding the time period specified sert the following: sure compliance with this Act and all other in section 13 of the Federal Power Act (16 SEC. 2. HAWAII RECLAMATION PROJECTS. applicable Federal, State, and local laws. U.S.C. 806) that would otherwise apply to the (a) IN GENERAL.—The Reclamation Waste- (f) RIGHTS AND DUTIES OF NON-FEDERAL Federal Energy Regulatory Commission water and Groundwater Study and Facilities PARTIES.—All right and title to, and interest project numbered 1651, the Commission may, Act (43 U.S.C. 390h et seq.) is amended— in, any fish passage and screening facilities at the request of the licensee for the project, (1) by redesignating the second section 1636 constructed or funded pursuant to the au- and after reasonable notice, in accordance (as added by section 1(b) of Public Law 108– thority of this Act shall be held by the non- with the good faith, due diligence, and public 316 (118 Stat. 1202)) as section 1637; and Federal party or parties who own, operate, interest requirements of that section and the (2) by adding at the end the following: and maintain the non-Federal water diver- Commission’s procedures under that section, ‘‘SEC. 1638. HAWAII RECLAMATION PROJECTS. sion and storage project, and any associated extend the time period during which the li- On page 3, strike line 13 and all that fol- lands, involved. The operation, maintenance, censee is required to commence the con- lows through the matter following line 14 and replacement of such facilities shall be struction of the project for 3 consecutive 2- and insert the following: the sole responsibility of such party or par- year periods from the date of the expiration is amended by striking the item relating to ties and shall not be a project cost assign- of the extension originally issued by the the second section 1636 (as added by section able to any Federal reclamation project. Commission. 2 of Public Law 108–316 (118 Stat. 1202)) and SEC. 4. OTHER REQUIREMENTS. f inserting the following: (a) PERMITS.—The Secretary may assist a ‘‘Sec. 1637. Williamson County, Texas, Water non-Federal party who owns, operates, or HAWAII WATER RESOURCES ACT Recylcing and Reuse Project. maintains a non-Federal water diversion or OF 2005 ‘‘Sec. 1638. Hawaii reclamation projects.’’. storage project, and any associated lands, to The Senate proceeded to consider the The bill (S. 264), as amended, was obtain and comply with any required State, bill (S. 264), to repeal the sunset of the read the third time and passed, as fol- local, or tribal permits. lows: (b) FEDERAL LAW.—In carrying out this Economic Growth and Tax Relief Rec- Act, the Secretary shall be subject to all onciliation Act of 2001 with respect to S. 264 Federal laws applicable to activities associ- the expansion of the adoption credit Be it enacted by the Senate and House of Rep- ated with the construction of a fish passage and adoption assistance programs. resentatives of the United States of America in and screening facility or habitat improve- S. 264 Congress assembled, ments. SECTION 1. SHORT TITLE. Be it enacted by the Senate and House of Rep- (c) STATE WATER LAW.— This Act may be cited as the ‘‘Hawaii resentatives of the United States of America in (1) In carrying out this Act, the Secretary Water Resources Act of 2005’’. Congress assembled, shall comply with any applicable State SEC. 2. HAWAII RECLAMATION PROJECTS. water laws. SECTION 1. SHORT TITLE. (a) IN GENERAL.—The Reclamation Waste- (2) Nothing in this Act affects any water or This Act may be cited as the ‘‘Hawaii water and Groundwater Study and Facilities water-related right of a State, an Indian Water Resources Act of 2005’’. Act (43 U.S.C. 390h et seq.) is amended— tribe, or any other entity or person. SEC. 2. HAWAII RECLAMATION PROJECTS. (1) by redesignating the second section 1636 (d) REQUIRED COORDINATION.—The Sec- (a) IN GENERAL.—The Reclamation Waste- (as added by section 1(b) of Public Law 108– retary shall coordinate with the Northwest water and Groundwater Study and Facilities 316 (118 Stat. 1202)) as section 1637; and

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(2) by adding at the end the following: 1131 et seq.), the approximately 10,000 acres (1) IN GENERAL.—In furtherance of the pur- ‘‘SEC. 1638. HAWAII RECLAMATION PROJECTS. of land in the Caribbean National Forest/ poses of the Wilderness Act (16 U.S.C. 1131 et ‘‘(a) AUTHORIZATION.—The Secretary may— Luquillo Experimental Forest in the Com- seq.), the approximately 10,000 acres of land ‘‘(1) in cooperation with the Board of monwealth of Puerto Rico ødescribed in¿ as in the Caribbean National Forest/Luquillo Water Supply, City and County of Honolulu, generally depicted on the map are designated Experimental Forest in the Commonwealth Hawaii, participate in the design, planning, as wilderness and as a component of the Na- of Puerto Rico as generally depicted on the and construction of a project in Kalaeloa, tional Wilderness Preservation System. map are designated as wilderness and as a Hawaii, to desalinate and distribute sea- (2) DESIGNATION.—The land designated in component of the National Wilderness Pres- water for direct potable use within the serv- paragraph (1) shall be known as the El Toro ervation System. ice area of the Board; Wilderness. (2) DESIGNATION.—The land designated in ‘‘(2) in cooperation with the County of Ha- (3) WILDERNESS BOUNDARIES.—The El Toro paragraph (1) shall be known as the El Toro ø waii Department of Environmental Manage- Wilderness shall consist of the land de- Wilderness. ¿ ment, Hawaii, participate in the design, scribed in generally depicted on the map. (3) WILDERNESS BOUNDARIES.—The El Toro (b) MAP AND BOUNDARY DESCRIPTION.— planning, and construction of facilities in Wilderness shall consist of the land generally (1) IN GENERAL.—As soon as practicable Kealakehe, Hawaii, for the treatment and depicted on the map. after the date of enactment of this Act, the distribution of recycled water and for envi- (b) MAP AND BOUNDARY DESCRIPTION.— Secretary shall— ronmental purposes within the County; and (1) IN GENERAL.—As soon as practicable (A) prepare a boundary description of the ‘‘(3) in cooperation with the County of after the date of enactment of this Act, the El Toro Wilderness; and Maui Wastewater Reclamation Division, Ha- Secretary shall— (B) submit the map and the boundary de- waii, participate in the design, planning, and (A) prepare a boundary description of the scription to the Committee on Energy and construction of, and acquire land for, facili- El Toro Wilderness; and Natural Resources of the Senate and the ties in Lahaina, Hawaii, for the distribution (B) submit the map and the boundary de- Committee on Resources of the House of scription to the Committee on Energy and of recycled water from the Lahaina Waste- Representatives. water Reclamation Facility for non-potable Natural Resources of the Senate and the (2) PUBLIC INSPECTION AND TREATMENT.— uses within the County. Committee on Resources of the House of The map and the boundary description pre- Representatives. ‘‘(b) COST SHARE.—The Federal share of the pared under paragraph (1)(A)— (2) PUBLIC INSPECTION AND TREATMENT.— cost of a project described in subsection (a) (A) shall be on file and available for public shall not exceed 25 percent of the total cost The map and the boundary description pre- inspection in the office of the Chief of the pared under paragraph (1)(A)— of the project. Forest Service; and ‘‘(c) LIMITATION.—Funds provided by the (A) shall be on file and available for public (B) shall have the same force and effect as inspection in the office of the Chief of the Secretary shall not be used for the operation if included in this Act. Forest Service; and and maintenance of a project described in (3) ERRORS.—The Secretary may correct (B) shall have the same force and effect as subsection (a). clerical and typographical errors in the map if included in this Act. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— and the boundary description prepared under (3) ERRORS.—The Secretary may correct There are authorized to be appropriated such paragraph (1)(A). clerical and typographical errors in the map sums as are necessary to carry out this sec- (c) ADMINISTRATION.— and the boundary description prepared under tion.’’. (1) IN GENERAL.—Subject to valid existing (b) CONFORMING AMENDMENT.—The table of rights, the Secretary shall administer the El paragraph (1)(A). sections in section 2 of the Reclamation Toro Wilderness in accordance with the Wil- (c) ADMINISTRATION.— Projects Authorization and Adjustment Act derness Act (16 U.S.C. 1131 et seq.) and this (1) IN GENERAL.—Subject to valid existing of 1992 (43 U.S.C. prec. 371) is amended by Act. rights, the Secretary shall administer the El Toro Wilderness in accordance with the Wil- striking the item relating to the second sec- (2) EFFECTIVE DATE OF WILDERNESS ACT.— tion 1636 (as added by section 2 of Public Law With respect to the El Toro Wilderness, any derness Act (16 U.S.C. 1131 et seq.) and this 108–316 (118 Stat. 1202)) and inserting the fol- reference in the Wilderness Act (16 U.S.C. Act. lowing: 1131 et seq.) to the effective date of that Act (2) EFFECTIVE DATE OF WILDERNESS ACT.— ‘‘Sec. 1637. Williamson County, Texas, Water shall be deemed to be a reference to the date With respect to the El Toro Wilderness, any Recylcing and Reuse Project. of the enactment of this Act. reference in the Wilderness Act (16 U.S.C. ‘‘Sec. 1638. Hawaii reclamation projects.’’. (d) SPECIAL MANAGEMENT CONSIDER- 1131 et seq.) to the effective date of that Act ATIONS.—Consistent with the Wilderness Act shall be deemed to be a reference to the date f (16 U.S.C. 1131 et seq.), nothing in this Act of the enactment of this Act. CARIBBEAN NATIONAL FOREST precludes the installation and maintenance (d) SPECIAL MANAGEMENT CONSIDER- ACT OF 2005 of hydrologic, meteorological, climato- ATIONS.—Consistent with the Wilderness Act logical, or atmospheric data collection and (16 U.S.C. 1131 et seq.), nothing in this Act The Senate proceeded to consider the remote transmission facilities, or any com- precludes the installation and maintenance bill (S. 272) to designate certain Na- bination of those facilities, in any case in of hydrologic, meteorological, climato- tional Forest System land in the Com- which the Secretary determines that the fa- logical, or atmospheric data collection and monwealth of Puerto Rico as a compo- cilities are essential to the scientific re- remote transmission facilities, or any com- nent of the National Wilderness Preser- search purposes of the Luquillo Experi- bination of those facilities, in any case in vation System, which had been re- mental Forest. which the Secretary determines that the fa- Amend the title so as to read: ‘‘A bill to cilities are essential to the scientific reported from the Committee on Energy designate certain National Forest System search purposes of the Luquillo Experi- and Natural Resources, with amend- land in the Commonwealth of Puerto Rico as mental Forest. ments and an amendment to the title, a component of the National Wilderness f as follows: Preservation System.’’. [Strike the parts shown in black The committee amendments were PALEONTOLOGICAL RESOURCES brackets and insert the parts shown in agreed to. PRESERVATION ACT The amendment to the title was italic.] The Senate proceeded to consider the agreed to. S. 272 The bill (S. 272), as amended, was bill (S. 263) to provide for the protec- Be it enacted by the Senate and House of Rep- agreed to, as follows: tion of paleontological resources on resentatives of the United States of America in Federal lands, and for other purposes, S. 272 Congress assembled, which had been reported from the Com- Be it enacted by the Senate and House of Rep- SECTION 1. SHORT TITLE. resentatives of the United States of America in mittee on Energy and Natural Re- This Act may be cited as the ‘‘Caribbean Congress assembled, sources, with amendments, as follows: National Forest Act of 2005’’. SECTION 1. SHORT TITLE. [Strike the parts shown in black SEC. 2. DEFINITIONS. This Act may be cited as the ‘‘Caribbean brackets and insert the parts shown in In this Act: National Forest Act of 2005’’. italic.] (1) MAP.—The term ‘‘map’’ means the map SEC. 2. DEFINITIONS. S. 263 dated April 13, ø2004¿ 2004, and entitled ‘‘El In this Act: Be it enacted by the Senate and House of Rep- Toro Proposed Wilderness Area’’. (1) MAP.—The term ‘‘map’’ means the map resentatives of the United States of America in (2) SECRETARY.—The term ‘‘Secretary’’ dated April 13, 2004, and entitled ‘‘El Toro Congress assembled, means the Secretary of Agriculture. Proposed Wilderness Area’’. SEC. 3. WILDERNESS DESIGNATION, CARIBBEAN (2) SECRETARY.—The term ‘‘Secretary’’ SECTION 1. SHORT TITLE. NATIONAL FOREST, PUERTO RICO. means the Secretary of Agriculture. This Act may be cited as the ‘‘Paleontolog- (a) EL TORO WILDERNESS.— SEC. 3. WILDERNESS DESIGNATION, CARIBBEAN ical Resources Preservation Act’’. (1) IN GENERAL.—In furtherance of the pur- NATIONAL FOREST, PUERTO RICO. SEC. 2. DEFINITIONS. poses of the Wilderness Act (16 U.S.C. ø1113¿ (a) EL TORO WILDERNESS.— As used in this Act:

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(1) CASUAL COLLECTING.—The term ‘‘casual administered by the Bureau of Land Manage- regulation, law, ordinance, or permit in ef- collecting’’ means the collecting of a reason- ment, the Bureau of Reclamation, and the fect under Federal law, including this Act; or able amount of common invertebrate and Forest Service, where such collection is con- (3) sell or purchase or offer to sell or pur- plant paleontological resources for non-com- sistent with the laws governing the manage- chase any paleontological resource if, in the mercial personal use, either by surface col- ment of those Federal lands and this Act. exercise of due care, the person knew or lection or the use of non-powered hand tools (3) PREVIOUS PERMIT EXCEPTION.—Nothing should have known such resource to have resulting in only negligible disturbance to in this section shall affect a valid permit been excavated, removed, sold, purchased, the Earth’s surface and other resources. As issued prior to the date of enactment of this exchanged, transported, or received from used in this paragraph, the terms ‘‘reason- Act. Federal lands. able amount’’, ‘‘common invertebrate and (b) CRITERIA FOR ISSUANCE OF A PERMIT.— (b) FALSE LABELING OFFENSES.—A person plant paleontological resources’’ and ‘‘neg- The Secretary may issue a permit for the may not make or submit any false record, ligible disturbance’’ shall be determined by collection of a paleontological resource pur- account, or label for, or any false identifica- the Secretary. suant to an application if the Secretary de- tion of, any paleontological resource exca- (2) SECRETARY.—The term ‘‘Secretary’’ termines that— vated or removed from Federal lands. means the Secretary of the Interior with re- (1) the applicant is qualified to carry out (c) PENALTIES.—A person who knowingly spect to lands controlled or administered by the permitted activity; violates or counsels, procures, solicits, or the Secretary of the Interior or the Sec- (2) the permitted activity is undertaken for employs another person to violate subsection retary of Agriculture with respect to Na- the purpose of furthering paleontological (a) or (b) shall, upon conviction, be fined in tional Forest System Lands controlled or ad- knowledge or for public education; accordance with title 18, United States Code, ministered by the Secretary of Agriculture. (3) the permitted activity is consistent or imprisoned not more than 10 years, or both; but if the sum of the commercial and (3) FEDERAL LANDS.—The term ‘‘Federal with any management plan applicable to the paleontological value of the paleontological lands’’ means— Federal lands concerned; and resources involved and the cost of restora- (A) lands controlled or administered by the (4) the proposed methods of collecting will tion and repair of such resources does not ex- Secretary of the Interior, except Indian not threaten significant natural or cultural ceed $500, such person shall be fined in ac- lands; or resources. cordance with title 18, United States Code, (B) National Forest System lands con- (c) PERMIT SPECIFICATIONS.—A permit for or imprisoned not more than one year, or trolled or administered by the Secretary of the collection of a paleontological resource both. Agriculture. issued under this section shall contain such (d) GENERAL EXCEPTION.—Nothing in sub- (4) INDIAN LANDS.—The term ‘‘Indian Land’’ terms and conditions as the Secretary deems section (a) shall apply to any person with re- means lands of Indian tribes, or Indian indi- necessary to carry out the purposes of this spect to any paleontological resource which viduals, which are either held in trust by the Act. Every permit shall include require- was in the lawful possession of such person United States or subject to a restriction ments that— prior to the date of the enactment of this against alienation imposed by the United (1) the paleontological resource that is col- Act. lected from Federal lands under the permit States. SEC. 8. CIVIL PENALTIES. TATE will remain the property of the United (5) S .—The term ‘‘State’’ means the (a) IN GENERAL.— States; fifty States, the District of Columbia, the (1) HEARING.—A person who violates any Commonwealth of Puerto Rico, and any (2) the paleontological resource and copies prohibition contained in an applicable regu- other territory or possession of the United of associated records will be preserved for lation or permit issued under this Act may States. the public in an approved repository, to be be assessed a penalty by the Secretary after (6) PALEONTOLOGICAL RESOURCE.—The term made available for scientific research and the person is given notice and opportunity ‘‘paleontological resource’’ means any fos- public education; and for a hearing with respect to the violation. silized remains, traces, or imprints of orga- (3) specific locality data will not be re- Each violation shall be considered a separate nisms, preserved in or on the earth’s crust, leased by the permittee or repository with- offense for purposes of this section. out the written permission of the Secretary. that are of paleontological interest and that (2) AMOUNT OF PENALTY.—The amount of (d) MODIFICATION, SUSPENSION, AND REV- provide information about the history of life such penalty assessed under paragraph (1) OCATION OF PERMITS.— on earth, except that the term does not in- shall be determined under regulations pro- (1) The Secretary may modify, suspend, or clude— mulgated pursuant to this Act, taking into revoke a permit issued under this section— (A) any materials associated with an ar- account the following factors: (A) for resource, safety, or other manage- chaeological resource (as defined in section (A) The scientific or fair market value, ment considerations; or 3(1) of the Archaeological Resources Protec- whichever is greater, of the paleontological (B) when there is a violation of term or tion Act of 1979 (16 U.S.C. 470bb(1)); or resource involved, as determined by the Sec- condition of a permit issued pursuant to this (B) any cultural item (as defined in section retary. section. 2 of the Native American Graves Protection (B) The cost of response, restoration, and (2) The permit shall be revoked if any per- and Repatriation Act (25 U.S.C. 3001)). repair of the resource and the paleontolog- son working under the authority of the per- SEC. 3. MANAGEMENT. ical site involved. mit is convicted under øsection 9¿ section 7 or (a) IN GENERAL.—The Secretary shall man- (C) Any other factors considered relevant is assessed a civil penalty under øsection 10¿ age and protect paleontological resources on by the Secretary assessing the penalty. section 8. Federal lands using scientific principles and (3) MULTIPLE OFFENSES.—In the case of a (e) AREA CLOSURES.—In order to protect expertise. The Secretary shall develop appro- second or subsequent violation by the same paleontological or other resources and to priate plans for inventory, monitoring, and person, the amount of a penalty assessed provide for public safety, the Secretary may the scientific and educational use of paleon- under paragraph (2) may be doubled. restrict access to or close areas under the tological resources, in accordance with ap- (4) LIMITATION.—The amount of any pen- Secretary’s jurisdiction to the collection of plicable agency laws, regulations, and poli- alty assessed under this subsection for any paleontological resources. cies. These plans shall emphasize inter- one violation shall not exceed an amount agency coordination and collaborative ef- SEC. 6. CURATION OF RESOURCES. equal to double the cost of response, restora- forts where possible with non-Federal part- Any paleontological resource, and any data tion, and repair of resources and paleon- ners, the scientific community, and the gen- and records associated with the resource, tological site damage plus double the sci- eral public. collected under a permit, shall be deposited entific or fair market value of resources de- (b) COORDINATION.—To the extent possible, in an approved repository. The Secretary stroyed or not recovered. the Secretary of the Interior and the Sec- may enter into agreements with non-Federal (b) PETITION FOR JUDICIAL REVIEW; COLLEC- retary of Agriculture shall coordinate in the repositories regarding the curation of these TION OF UNPAID ASSESSMENTS.— implementation of this Act. resources, data, and records. (1) JUDICIAL REVIEW.—Any person against SEC. 4. PUBLIC AWARENESS AND EDUCATION SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. whom an order is issued assessing a penalty PROGRAM. (a) IN GENERAL.—A person may not— under subsection (a) may file a petition for The Secretary shall establish a program to (1) excavate, remove, damage, or otherwise judicial review of the order in the United increase public awareness about the signifi- alter or deface or attempt to excavate, re- States District Court for the District of Co- cance of paleontological resources. move, damage, or otherwise alter or deface lumbia or in the district in which the viola- SEC. 5. COLLECTION OF PALEONTOLOGICAL RE- any paleontological resources located on tion is alleged to have occurred within the SOURCES. Federal lands unless such activity is con- 30-day period beginning on the date the order (a) PERMIT REQUIREMENT.— ducted in accordance with this Act; making the assessment was issued. Upon no- (1) IN GENERAL.—Except as provided in this (2) exchange, transport, export, receive, or tice of such filing, the Secretary shall Act, a paleontological resource may not be offer to exchange, transport, export, or re- promptly file such a certified copy of the collected from Federal lands without a per- ceive any paleontological resource if, in the record on which the order was issued. The mit issued under this Act by the Secretary. exercise of due care, the person knew or court shall hear the action on the record (2) CASUAL COLLECTING EXCEPTION.—The should have known such resource to have made before the Secretary and shall sustain Secretary may allow casual collecting with- been excavated or removed from Federal the action if it is supported by substantial out a permit on Federal lands controlled or lands in violation of any provisions, rule, evidence on the record considered as a whole.

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(2) FAILURE TO PAY.—If any person fails to (c) TRANSFER OF SEIZED RESOURCES.—The SECTION 1. SHORT TITLE. pay a penalty under this section within 30 Secretary may transfer administration of This Act may be cited as the ‘‘Paleontolog- days— seized paleontological resources to Federal ical Resources Preservation Act’’. (A) after the order making assessment has or non-Federal educational institutions to be SEC. 2. DEFINITIONS. become final and the person has not filed a used for scientific or educational purposes. As used in this Act: petition for judicial review of the order in SEC. 10. CONFIDENTIALITY. (1) CASUAL COLLECTING.—The term ‘‘casual accordance with paragraph (1); or Information concerning the nature and collecting’’ means the collecting of a reason- (B) after a court in an action brought in specific location of a paleontological re- able amount of common invertebrate and paragraph (1) has entered a final judgment source the collection of which requires a per- plant paleontological resources for non-com- upholding the assessment of the penalty, the mit under this Act or under any other provi- mercial personal use, either by surface col- Secretary may request the Attorney General sion of Federal law shall be exempt from dis- lection or the use of non-powered hand tools to institute a civil action in a district court closure under section 552 of title 5, United resulting in only negligible disturbance to of the United States for any district in which States Code, and any other law unless the the Earth’s surface and other resources. As the person if found, resides, or transacts Secretary determines that disclosure used in this paragraph, the terms ‘‘reason- business, to collect the penalty (plus interest would— able amount’’, ‘‘common invertebrate and at currently prevailing rates from the date (1) further the purposes of this Act; plant paleontological resources’’ and ‘‘neg- of the final order or the date of the final (2) not create risk of harm to or theft or ligible disturbance’’ shall be determined by judgment, as the case may be). The district destruction of the resource or the site con- the Secretary. taining the resource; and court shall have jurisdiction to hear and de- (2) SECRETARY.—The term ‘‘Secretary’’ cide any such action. In such action, the va- (3) be in accordance with other applicable means the Secretary of the Interior with re- lidity, amount, and appropriateness of such laws. spect to lands controlled or administered by penalty shall not be subject to review. Any SEC. 11. REGULATIONS. the Secretary of the Interior or the Sec- person who fails to pay on a timely basis the As soon as practical after the date of the retary of Agriculture with respect to Na- amount of an assessment of a civil penalty enactment of this Act, the Secretary shall tional Forest System Lands controlled or ad- as described in the first sentence of this issue such regulations as are appropriate to ministered by the Secretary of Agriculture. carry out this Act, providing opportunities paragraph shall be required to pay, in addi- (3) FEDERAL LANDS.—The term ‘‘Federal for public notice and comment. tion to such amount and interest, attorneys lands’’ means— fees and costs for collection proceedings. SEC. 12. SAVINGS PROVISIONS. (A) lands controlled or administered by the (c) HEARINGS.—Hearings held during pro- Nothing in this Act shall be construed to— Secretary of the Interior, except Indian (1) invalidate, modify, or impose any addi- ceedings instituted under subsection (a) shall lands; or tional restrictions or permitting require- be conducted in accordance with section 554 (B) National Forest System lands con- ments on any activities permitted at any of title 5, United States Code. trolled or administered by the Secretary of time under the general mining laws, the (d) USE OF RECOVERED AMOUNTS.—Pen- Agriculture. alties collected under this section shall be mineral or geothermal leasing laws, laws (4) INDIAN LANDS.—The term ‘‘Indian Land’’ providing for minerals materials disposal, or available to the Secretary and without fur- means lands of Indian tribes, or Indian indi- ther appropriation may be used only as fol- laws providing for the management or regu- viduals, which are either held in trust by the lows: lation of the activities authorized by the United States or subject to a restriction (1) To protect, restore, or repair the pale- aforementioned laws including but not lim- against alienation imposed by the United ontological resources and sites which were ited to the Federal Land Policy Management States. the subject of the action, or to acquire sites Act (43 U.S.C. 1701–1784), øthe Mining in the (5) STATE.—The term ‘‘State’’ means the with equivalent resources, and to protect, Parks Act¿ Public Law 94–429 (commonly fifty States, the District of Columbia, the monitor, and study the resources and sites. known as the ‘‘Mining in the Parks Act’’) (16 Commonwealth of Puerto Rico, and any Any acquisition shall be subject to any limi- U.S.C. 1901 et seq.), the Surface Mining Con- other territory or possession of the United tations contained in the organic legislation trol and Reclamation Act of 1977 (30 U.S.C. States. for such Federal lands. 1201–1358), and the Organic Administration (6) PALEONTOLOGICAL RESOURCE.—The term (2) To provide educational materials to the Act (16 U.S.C. 478, 482, 551); ‘‘paleontological resource’’ means any fos- public about paleontological resources and (2) invalidate, modify, or impose any addi- silized remains, traces, or imprints of orga- sites. tional restrictions or permitting require- nisms, preserved in or on the earth’s crust, (3) To provide for the payment of rewards ments on any activities permitted at any that are of paleontological interest and that as provided in øsection 11¿ section 9. time under existing laws and authorities re- provide information about the history of life lating to reclamation and multiple uses of SEC. 9. REWARDS AND FORFEITURE. on earth, except that the term does not in- Federal lands; (a) REWARDS.—The Secretary may pay clude— from penalties collected under øsection 9 or (3) apply to, or require a permit for, casual (A) any materials associated with an ar- 10¿ section 7 or 8— collecting of a rock, mineral, or invertebrate chaeological resource (as defined in section (1) consistent with amounts established in or plant fossil that is not protected under 3(1) of the Archaeological Resources Protec- regulations by the Secretary; or this Act; tion Act of 1979 (16 U.S.C. 470bb(1)); or (2) if no such regulation exists, an amount (4) affect any lands other than Federal (B) any cultural item (as defined in section equal to the lesser of one-half of the penalty lands or affect the lawful recovery, collec- 2 of the Native American Graves Protection or $500, to any person who furnishes information, or sale of paleontological resources and Repatriation Act (25 U.S.C. 3001)). tion which leads to the finding of a civil vio- from lands other than Federal lands; lation, or the conviction of criminal viola- (5) alter or diminish the authority of a SEC. 3. MANAGEMENT. tion, with respect to which the penalty was Federal agency under any other law to pro- (a) IN GENERAL.—The Secretary shall man- paid. If several persons provided the informa- vide protection for paleontological resources age and protect paleontological resources on tion, the amount shall be divided among the on Federal lands in addition to the protec- Federal lands using scientific principles and persons. No officer or employee of the United tion provided under this Act; or expertise. The Secretary shall develop appro- States or of any State or local government (6) create any right, privilege, benefit, or priate plans for inventory, monitoring, and who furnishes information or renders service entitlement for any person who is not an of- the scientific and educational use of paleon- in the performance of his official duties shall ficer or employee of the United States acting tological resources, in accordance with ap- be eligible for payment under this sub- in that capacity. No person who is not an of- plicable agency laws, regulations, and poli- section. ficer or employee of the United States acting cies. These plans shall emphasize inter- (b) FORFEITURE.—All paleontological rein that capacity shall have standing to file agency coordination and collaborative ef- sources with respect to which a violation any civil action in a court of the United forts where possible with non-Federal part- under øsection 9 or 10¿ section 7 or 8 occurred States to enforce any provision or amend- ners, the scientific community, and the gen- and which are in the possession of any per- ment made by this Act. eral public. (b) COORDINATION.—To the extent possible, son, and all vehicles and equipment of any SEC. 13. AUTHORIZATION OF APPROPRIATIONS. the Secretary of the Interior and the Sec- person that were used in connection with the There are authorized to be appropriated retary of Agriculture shall coordinate in the violation, shall be subject to civil forfeiture, such sums as may be necessary to carry out implementation of this Act. or upon conviction, to criminal forfeiture. this Act. All provisions of law relating to the seizure, The committee amendments were SEC. 4. PUBLIC AWARENESS AND EDUCATION forfeiture, and condemnation of property for PROGRAM. agreed to. The Secretary shall establish a program to a violation of this Act, the disposition of The bill (S. 263), as amended, was such property or the proceeds from the sale increase public awareness about the signifi- thereof, and remission or mitigation of such read the third time and passed, as fol- cance of paleontological resources. forfeiture, as well as the procedural provi- lows: SEC. 5. COLLECTION OF PALEONTOLOGICAL RE- sions of chapter 46 of title 18, United States S. 263 SOURCES. Code, shall apply to the seizures and forfeit- Be it enacted by the Senate and House of Rep- (a) PERMIT REQUIREMENT.— ures incurred or alleged to have incurred resentatives of the United States of America in (1) IN GENERAL.—Except as provided in this under the provisions of this Act. Congress assembled, Act, a paleontological resource may not be

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The mit issued under this Act by the Secretary. should have known such resource to have court shall hear the action on the record (2) CASUAL COLLECTING EXCEPTION.—The been excavated or removed from Federal made before the Secretary and shall sustain Secretary may allow casual collecting with- lands in violation of any provisions, rule, the action if it is supported by substantial out a permit on Federal lands controlled or regulation, law, ordinance, or permit in ef- evidence on the record considered as a whole. administered by the Bureau of Land Manage- fect under Federal law, including this Act; or (2) FAILURE TO PAY.—If any person fails to ment, the Bureau of Reclamation, and the (3) sell or purchase or offer to sell or pur- pay a penalty under this section within 30 Forest Service, where such collection is con- chase any paleontological resource if, in the days— sistent with the laws governing the manage- exercise of due care, the person knew or (A) after the order making assessment has ment of those Federal lands and this Act. should have known such resource to have become final and the person has not filed a (3) PREVIOUS PERMIT EXCEPTION.—Nothing been excavated, removed, sold, purchased, petition for judicial review of the order in in this section shall affect a valid permit exchanged, transported, or received from accordance with paragraph (1); or issued prior to the date of enactment of this Federal lands. (B) after a court in an action brought in Act. (b) FALSE LABELING OFFENSES.—A person paragraph (1) has entered a final judgment (b) CRITERIA FOR ISSUANCE OF A PERMIT.— may not make or submit any false record, upholding the assessment of the penalty, the The Secretary may issue a permit for the account, or label for, or any false identifica- Secretary may request the Attorney General collection of a paleontological resource pur- tion of, any paleontological resource exca- to institute a civil action in a district court suant to an application if the Secretary de- vated or removed from Federal lands. of the United States for any district in which termines that— (c) PENALTIES.—A person who knowingly the person if found, resides, or transacts (1) the applicant is qualified to carry out violates or counsels, procures, solicits, or business, to collect the penalty (plus interest the permitted activity; employs another person to violate subsection at currently prevailing rates from the date (2) the permitted activity is undertaken for (a) or (b) shall, upon conviction, be fined in of the final order or the date of the final the purpose of furthering paleontological accordance with title 18, United States Code, judgment, as the case may be). The district knowledge or for public education; or imprisoned not more than 10 years, or court shall have jurisdiction to hear and de- (3) the permitted activity is consistent both; but if the sum of the commercial and cide any such action. In such action, the va- with any management plan applicable to the paleontological value of the paleontological lidity, amount, and appropriateness of such Federal lands concerned; and resources involved and the cost of restora- penalty shall not be subject to review. Any (4) the proposed methods of collecting will tion and repair of such resources does not ex- person who fails to pay on a timely basis the not threaten significant natural or cultural ceed $500, such person shall be fined in ac- amount of an assessment of a civil penalty resources. cordance with title 18, United States Code, as described in the first sentence of this (c) PERMIT SPECIFICATIONS.—A permit for or imprisoned not more than one year, or paragraph shall be required to pay, in addi- the collection of a paleontological resource both. tion to such amount and interest, attorneys issued under this section shall contain such (d) GENERAL EXCEPTION.—Nothing in sub- fees and costs for collection proceedings. terms and conditions as the Secretary deems section (a) shall apply to any person with re- (c) HEARINGS.—Hearings held during pro- necessary to carry out the purposes of this spect to any paleontological resource which ceedings instituted under subsection (a) shall Act. Every permit shall include require- was in the lawful possession of such person be conducted in accordance with section 554 ments that— prior to the date of the enactment of this of title 5, United States Code. (1) the paleontological resource that is col- Act. (d) USE OF RECOVERED AMOUNTS.—Pen- alties collected under this section shall be lected from Federal lands under the permit SEC. 8. CIVIL PENALTIES. will remain the property of the United available to the Secretary and without fur- (a) IN GENERAL.— ther appropriation may be used only as fol- States; (1) HEARING.—A person who violates any (2) the paleontological resource and copies lows: prohibition contained in an applicable regu- (1) To protect, restore, or repair the pale- of associated records will be preserved for lation or permit issued under this Act may the public in an approved repository, to be ontological resources and sites which were be assessed a penalty by the Secretary after the subject of the action, or to acquire sites made available for scientific research and the person is given notice and opportunity public education; and with equivalent resources, and to protect, for a hearing with respect to the violation. monitor, and study the resources and sites. (3) specific locality data will not be re- Each violation shall be considered a separate leased by the permittee or repository with- Any acquisition shall be subject to any limi- offense for purposes of this section. tations contained in the organic legislation out the written permission of the Secretary. (2) AMOUNT OF PENALTY.—The amount of (d) MODIFICATION, SUSPENSION, AND REV- for such Federal lands. such penalty assessed under paragraph (1) (2) To provide educational materials to the OCATION OF PERMITS.— shall be determined under regulations pro- (1) The Secretary may modify, suspend, or public about paleontological resources and mulgated pursuant to this Act, taking into sites. revoke a permit issued under this section— account the following factors: (A) for resource, safety, or other manage- (3) To provide for the payment of rewards (A) The scientific or fair market value, as provided in section 9. ment considerations; or whichever is greater, of the paleontological SEC. 9. REWARDS AND FORFEITURE. (B) when there is a violation of term or resource involved, as determined by the Sec- condition of a permit issued pursuant to this (a) REWARDS.—The Secretary may pay retary. from penalties collected under section 7 or section. (B) The cost of response, restoration, and (2) The permit shall be revoked if any per- 8— repair of the resource and the paleontolog- (1) consistent with amounts established in son working under the authority of the per- ical site involved. mit is convicted under section 7 or is as- regulations by the Secretary; or (C) Any other factors considered relevant (2) if no such regulation exists, an amount sessed a civil penalty under section 8. by the Secretary assessing the penalty. (e) AREA CLOSURES.—In order to protect equal to the lesser of one-half of the penalty (3) MULTIPLE OFFENSES.—In the case of a or $500, to any person who furnishes informa- paleontological or other resources and to second or subsequent violation by the same provide for public safety, the Secretary may tion which leads to the finding of a civil vio- person, the amount of a penalty assessed lation, or the conviction of criminal viola- restrict access to or close areas under the under paragraph (2) may be doubled. Secretary’s jurisdiction to the collection of tion, with respect to which the penalty was (4) LIMITATION.—The amount of any pen- paid. If several persons provided the informa- paleontological resources. alty assessed under this subsection for any SEC. 6. CURATION OF RESOURCES. tion, the amount shall be divided among the one violation shall not exceed an amount persons. No officer or employee of the United Any paleontological resource, and any data equal to double the cost of response, restora- and records associated with the resource, States or of any State or local government tion, and repair of resources and paleon- who furnishes information or renders service collected under a permit, shall be deposited tological site damage plus double the sci- in an approved repository. The Secretary in the performance of his official duties shall entific or fair market value of resources de- be eligible for payment under this sub- may enter into agreements with non-Federal stroyed or not recovered. repositories regarding the curation of these section. (b) PETITION FOR JUDICIAL REVIEW; COLLEC- (b) FORFEITURE.—All paleontological re- resources, data, and records. TION OF UNPAID ASSESSMENTS.— sources with respect to which a violation SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. (1) JUDICIAL REVIEW.—Any person against under section 7 or 8 occurred and which are (a) IN GENERAL.—A person may not— whom an order is issued assessing a penalty in the possession of any person, and all vehi- (1) excavate, remove, damage, or otherwise under subsection (a) may file a petition for cles and equipment of any person that were alter or deface or attempt to excavate, re- judicial review of the order in the United used in connection with the violation, shall move, damage, or otherwise alter or deface States District Court for the District of Co- be subject to civil forfeiture, or upon convic- any paleontological resources located on lumbia or in the district in which the violation, to criminal forfeiture. All provisions of Federal lands unless such activity is con- tion is alleged to have occurred within the law relating to the seizure, forfeiture, and ducted in accordance with this Act; 30-day period beginning on the date the order condemnation of property for a violation of (2) exchange, transport, export, receive, or making the assessment was issued. Upon no- this Act, the disposition of such property or offer to exchange, transport, export, or re- tice of such filing, the Secretary shall the proceeds from the sale thereof, and receive any paleontological resource if, in the promptly file such a certified copy of the mission or mitigation of such forfeiture, as

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.122 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9039 well as the procedural provisions of chapter ming, was read the third time and S. 252 46 of title 18, United States Code, shall apply passed; as follows: Be it enacted by the Senate and House of Rep- to the seizures and forfeitures incurred or al- S. 97 resentatives of the United States of America in leged to have incurred under the provisions Congress assembled, of this Act. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in SECTION 1. SHORT TITLE. (c) TRANSFER OF SEIZED RESOURCES.—The This Act may be cited as the ‘‘Dandini Re- Congress assembled, Secretary may transfer administration of search Park Conveyance Act’’. seized paleontological resources to Federal SECTION 1. SHORT TITLE. SEC. 2. DEFINITIONS. or non-Federal educational institutions to be This Act may be cited as the ‘‘Big Horn In this Act: used for scientific or educational purposes. Bentonite Act’’. (1) BOARD OF REGENTS.—The term ‘‘Board SEC. 10. CONFIDENTIALITY. SEC. 2. DEFINITIONS. of Regents’’ means the Board of Regents of Information concerning the nature and In this Act: the University and Community College Sys- specific location of a paleontological re- (1) COVERED LAND.—The term ‘‘covered tem of Nevada. source the collection of which requires a per- land’’ means the approximately 20 acres of (2) SECRETARY.—The term ‘‘Secretary’’ mit under this Act or under any other provi- previously withdrawn land located in the E1⁄2 means the Secretary of the Interior. sion of Federal law shall be exempt from dis- 1 1 NE ⁄4 SE ⁄4 of sec. 32, T. 56N., R. 95W., sixth SEC. 3. CONVEYANCE TO THE UNIVERSITY AND closure under section 552 of title 5, United principal meridian, Big Horn County, Wyo- COMMUNITY COLLEGE SYSTEM OF States Code, and any other law unless the ming. NEVADA. Secretary determines that disclosure (2) SECRETARY.—The term ‘‘Secretary’’ (a) CONVEYANCE.— would— means the Secretary of the Interior. (1) IN GENERAL.—The Secretary shall con- (1) further the purposes of this Act; SEC. 3. AUTHORIZATION OF MINING AND RE- vey to the Board of Regents, without consid- (2) not create risk of harm to or theft or MOVAL OF BENTONITE. eration, all right, title, and interest of the destruction of the resource or the site con- (a) IN GENERAL.—Notwithstanding the United States in and to the approximately taining the resource; and withdrawal of the covered land for military 467 acres of land located in Washoe County, (3) be in accordance with other applicable purposes, the Secretary may, with the con- Nevada, patented to the University of Ne- laws. sent of the Secretary of the Army, permit vada under the Act of June 14, 1926 (com- SEC. 11. REGULATIONS. the mining and removal of bentonite on the monly known as the ‘‘Recreation and Public As soon as practical after the date of the covered land. Purposes Act’’) (43 U.S.C. 869 et seq.), and de- enactment of this Act, the Secretary shall (b) SOLE-SOURCE CONTRACT.—The Sec- scribed in paragraph (2). issue such regulations as are appropriate to retary shall enter into a sole-source contract (2) DESCRIPTION OF LAND.—The land re- carry out this Act, providing opportunities for the mining and removal of the bentonite ferred to in paragraph (1) is— for public notice and comment. from the covered land that provides for the (A) the parcel of land consisting of approxi- SEC. 12. SAVINGS PROVISIONS. payment to the Secretary of $1.00 per ton of mately 309.11 acres and more particularly de- Nothing in this Act shall be construed to— bentonite removed from the covered land. scribed as T. 20 N., R. 19 E., Sec. 25, lots 1, 2, (1) invalidate, modify, or impose any addi- (c) TERMS AND CONDITIONS.— 3, 4, 5, and 11, SE1⁄4NW1⁄4, NE1⁄4SW1⁄4, Mount tional restrictions or permitting require- (1) IN GENERAL.—Mining and removal of Diablo Meridian, Nevada; and ments on any activities permitted at any bentonite under this Act shall be subject to (B) the parcel of land consisting of approxi- time under the general mining laws, the such terms and conditions as the Secretary mately 158.22 acres and more particularly de- mineral or geothermal leasing laws, laws may prescribe for— scribed as T. 20 N., R. 19 E., Sec. 25, lots 6 and providing for minerals materials disposal, or (A) the prevention of unnecessary or undue 7, SW1⁄4NE1⁄4, NW1⁄4SE1⁄4, Mount Diablo Me- laws providing for the management or regu- degradation of the covered land; and ridian, Nevada. lation of the activities authorized by the (B) the reclamation of the covered land (b) COSTS.—The Board of Regents shall pay aforementioned laws including but not lim- after the bentonite is removed. to the United States an amount equal to the ited to the Federal Land Policy Management (2) REQUIREMENTS.—The terms and condi- costs of the Secretary associated with the Act (43 U.S.C. 1701–1784), Public Law 94–429 tions prescribed under paragraph (1) shall be conveyance under subsection (a)(1). (commonly known as the ‘‘Mining in the at least as protective of the covered land as (c) CONDITIONS.—If the Board of Regents Parks Act’’) (16 U.S.C. 1901 et seq.), the Sur- the terms and conditions established for Pit sells any portion of the land conveyed to the face Mining Control and Reclamation Act of No. 144L (BLM Case File WYW136110). Board of Regents under subsection (a)(1)— 1977 (30 U.S.C. 1201–1358), and the Organic Ad- (3) LAND USE PLAN.—In carrying out the (1) the amount of consideration for the sale ministration Act (16 U.S.C. 478, 482, 551); provisions of this Act, the Secretary is not shall reflect fair market value, as deter- (2) invalidate, modify, or impose any addi- required to amend any land use plan under mined by an appraisal; and tional restrictions or permitting require- section 202 of the Federal Land Policy and (2) the Board of Regents shall pay to the ments on any activities permitted at any Management Act of 1976 (43 U.S.C. 1712). Secretary an amount equal to the net pro- time under existing laws and authorities re- (4) TERMINATION OF INTEREST.—On comple- ceeds of the sale, for use by the Director of lating to reclamation and multiple uses of tion of the mining and reclamation author- the Bureau of Land Management in the Federal lands; ized under this Act, any party that has en- State of Nevada, without further appropria- (3) apply to, or require a permit for, casual tered into the sole-source contract with the tion. collecting of a rock, mineral, or invertebrate Secretary under subsection (b) shall have no f or plant fossil that is not protected under remaining interest in the covered land. EDWARD H. MCDANIEL AMERICAN this Act; SEC. 4. CLOSURE. (4) affect any lands other than Federal (a) IN GENERAL.—If the Secretary of the LEGION POST NO. 22 LAND CON- lands or affect the lawful recovery, collec- Army notifies the Secretary that closure of VEYANCE ACT tion, or sale of paleontological resources the covered land is required because of a na- The Senate proceeded to consider the from lands other than Federal lands; tional emergency or for the purpose of na- bill (S. 253) to direct the Secretary of (5) alter or diminish the authority of a tional defense or national security, the Sec- Federal agency under any other law to pro- the Interior to convey certain land to retary shall— the land to the Edward H. McDaniel vide protection for paleontological resources (1) order the suspension of any activity au- on Federal lands in addition to the protec- thorized by this Act on the covered land; and American Legion Post No. 22 in tion provided under this Act; or (2) close the covered land until the Sec- Pahrump, Nevada, for the construction (6) create any right, privilege, benefit, or retary of the Army notifies the Secretary of a post building and memorial park entitlement for any person who is not an of- that the closure is no longer necessary. for use by the American Legion, other ficer or employee of the United States acting (b) LIABILITY.—Neither the Secretary nor veterans’ groups, and the local commu- in that capacity. No person who is not an of- the Secretary of the Army shall be liable for ficer or employee of the United States acting nity, which had been reported from the damages from a closure of the covered land Committee on Energy and Natural Re- in that capacity shall have standing to file under subsection (a). any civil action in a court of the United sources, with amendments, as follows: States to enforce any provision or amend- f [Strike the parts shown in black ment made by this Act. DANDINI RESEARCH PARK brackets and insert the parts shown in SEC. 13. AUTHORIZATION OF APPROPRIATIONS. CONVEYANCE ACT italic.] There are authorized to be appropriated S. 253 such sums as may be necessary to carry out The bill (S. 252) to direct the Sec- retary of the Interior to convey certain Be it enacted by the Senate and House of Rep- this Act. resentatives of the United States of America in f land in Washoe County, Nevada, to the Congress assembled, Board of Regents of the University and BIG HORN BENTONITE ACT SECTION 1. SHORT TITLE. Community College system of Nevada, This Act may be cited as the ‘‘Edward H. The bill (S. 97) to provide for the sale was read the third time and passed, as McDaniel American Legion Post No. 22 Land of bentonite in Big Horn County, Wyo- follows: Conveyance Act’’.

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SEC. 2. DEFINITIONS. in subsection (c) and in accordance with the (1) CAMP.—The term ‘‘camp’’ means Camp In this Act: Act of June 14, 1926 (commonly known as the Pearlstein, Friendly Pines, Patterdale Pines, (1) POST NO. 22.—The term ‘‘Post No. 22’’ ‘‘Recreation and Public Purposes Act’’) (43 Pine Summit, Sky Y, and Young Life Lost means the Edward H. McDaniel American U.S.C. 869 et seq.), the Secretary shall con- Canyon camps in the State of Arizona. Legion Post No. 22 in Pahrump, Nevada. vey to Post No. 22, for no consideration, all (2) CITIES.—The term ‘‘cities’’ means the (2) SECRETARY.—The term ‘‘Secretary’’ right, title, and interest of the United States cities of Flagstaff, Williams, and Camp means the Secretary of the Interior, acting in and to the parcel of land described in sub- Verde, Arizona. through the Director of the Bureau of Land section (b). (3) FEDERAL LAND.—The term ‘‘Federal Management. (b) DESCRIPTION OF LAND.—The parcel of land’’ means the land described in section land referred to in subsection (a) is the par- SEC. 3. CONVEYANCE OF LAND TO EDWARD H. 104. MCDANIEL AMERICAN LEGION POST cel of Bureau of Land Management land (4) NON-FEDERAL LAND.—The term ‘‘non- NO. 22. that— Federal land’’ means the land described in (a) CONVEYANCE ON CONDITION SUBSE- (1) is bounded by Route 160, Bride Street, section 103. and Dandelion Road in Nye County, Nevada; QUENT.—Not later than 180 days after the (5) SECRETARY.—The term ‘‘Secretary’’ date of enactment of this Act, subject to (2) consists of approximately 4.5 acres of means the Secretary of Agriculture. land; and valid existing rights and the condition stated (6) YAVAPAI RANCH.—The term ‘‘Yavapai in subsection (c) and in accordance with the (3) is more particularly described as a por- Ranch’’ means the Yavapai Ranch Limited 1 Act of June 14, 1926 (commonly known as the tion of the S ⁄4 of section 29, T. 20 S., R. 54 Partnership, an Arizona Limited Partner- E., Mount Diablo and Base Meridian. ‘‘Recreation and Public Purposes Act’’) (43 ship, and the Northern Yavapai, L.L.C., an (c) CONDITION ON USE OF LAND.— U.S.C. 869 et seq.), the Secretary shall con- Arizona Limited Liability Company. (1) IN GENERAL.—Post No. 22 and any suc- vey to Post No. 22, for no consideration, all cessors of Post No. 22 shall use the parcel of SEC. 102. LAND EXCHANGE. right, title, and interest of the United States land described in subsection (b) for the con- (a) IN GENERAL.—(1) Upon the conveyance in and to the parcel of land described in sub- struction and operation of a post building by Yavapai Ranch of title to the non-Federal section (b). and memorial park for use by Post No. 22, land identified in section 103, the Secretary (b) DESCRIPTION OF LAND.—The parcel of other veterans groups, and the local commu- shall simultaneously convey to Yavapai land referred to in øsubsection (b)¿ subsection nity for events and activities. Ranch title to the Federal land identified in (a) is the parcel of Bureau of Land Manage- (2) REVERSION.—Except as provided in para- section 104. ment land that— graph (3), if the Secretary, after notice to (2) Title to the lands to be exchanged shall (1) is bounded by Route 160, Bride Street, Post No. 22 and an opportunity for a hearing, be in a form acceptable to the Secretary and and Dandelion Road in Nye County, Nevada; makes a finding that Post No. 22 has used or Yavapai Ranch. (2) consists of approximately 4.5 acres of permitted the use of the parcel for any pur- (3) The Federal and non-Federal lands to be land; and pose other than the purpose specified in exchanged under this title may be modified (3) is more particularly described as a por- paragraph (1) and Post No. 22 fails to dis- prior to the exchange as provided in this 1 tion of the S ⁄4 of section 29, T. 20 S., R. 54 continue that use, title to the parcel shall title. E., Mount Diablo and Base Meridian. revert to the United States, to be adminis- (4)(A) By mutual agreement, the Secretary (c) CONDITION ON USE OF LAND.— tered by the Secretary. and Yavapai Ranch may make minor and (1) IN GENERAL.—Post No. 22 and any suc- (3) WAIVER.—The Secretary may waive the technical corrections to the maps and legal cessors of Post No. 22 shall use the parcel of requirements of paragraph (2) if the Sec- descriptions of the lands and interests there- ø ¿ land described in section (b) subsection (b) retary determines that a waiver would be in in exchanged or retained under this title, infor the construction and operation of a post the best interests of the United States. cluding changes, if necessary to conform to building and memorial park for use by Post f surveys approved by the Bureau of Land No. 22, other veterans groups, and the local Management. community for events and activities. NORTHERN ARIZONA LAND EX- (B) In the case of any discrepancy between (2) REVERSION.—Except as provided in para- CHANGE AND VERDE RIVER a map and legal description, the map shall graph (3), if the Secretary, after notice to BASIN PARNERSHIP ACT OF 2005 prevail unless the Secretary and Yavapai Post No. 22 and an opportunity for a hearing, Ranch agree otherwise. makes a finding that Post No. 22 has used or The bill (S. 161) to provide for a land (b) EXCHANGE PROCESS.—(1) Except as oth- permitted the use of the parcel for any pur- exchange in the State of Arizona be- erwise provided in this title, the land ex- pose other than the purpose specified in tween the Secretary of Agriculture and change under subsection (a) shall be under- paragraph (1) and Post No. 22 fails to dis- Yavapai Ranch Limited Partnership, taken in accordance with section 206 of the continue that use, title to the parcel shall was read the third time and passed, as Federal Land Policy and Management Act revert to the United States, to be adminis- follows: (43 U.S.C. 1716). tered by the Secretary. S. 161 (2) Before completing the land exchange (3) WAIVER.—The Secretary may waive the Be it enacted by the Senate and House of Rep- under this title, the Secretary shall perform requirements of paragraph (2) if the Sec- any necessary land surveys and pre-exchange retary determines that a waiver would be in resentatives of the United States of America in Congress assembled, inventories, clearances, reviews, and approv- the best interests of the United States. als, including those relating to hazardous The committee amendments were SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as materials, threatened and endangered spe- agreed to. the ‘‘Northern Arizona Land Exchange and cies, cultural and historic resources, and The bill (S. 253), as amended, was Verde River Basin Partnership Act of 2005’’. wetlands and flood plains. read the third time and passed, as fol- (b) TABLE OF CONTENTS.—The table of con- (c) EQUAL VALUE EXCHANGE.—(1) The value lows: tents of this Act is as follows: of the Federal land and the non-Federal land S. 253 Sec. 1. Short title; table of contents. shall be equal, or equalized by the Secretary by adjusting the acreage of the Federal land Be it enacted by the Senate and House of Rep- TITLE I—NORTHERN ARIZONA LAND EXCHANGE in accordance with paragraph (2). resentatives of the United States of America in (2) If the final appraised value of the Fed- Congress assembled, Sec. 101. Definitions. eral land exceeds the final appraised value of SECTION 1. SHORT TITLE. Sec. 102. Land exchange. Sec. 103. Description of non-Federal land. the non-Federal land, prior to making other This Act may be cited as the ‘‘Edward H. Sec. 104. Description of Federal land. adjustments, the Federal lands shall be ad- McDaniel American Legion Post No. 22 Land Sec. 105. Status and management of land justed by deleting all or part of the parcels Conveyance Act’’. after exchange. or portions of the parcels in the following SEC. 2. DEFINITIONS. Sec. 106. Miscellaneous provisions. order: In this Act: Sec. 107. Conveyance of additional land. (A) A portion of the Camp Verde parcel de- (1) POST NO. 22.—The term ‘‘Post No. 22’’ TITLE II—VERDE RIVER BASIN scribed in section 104(a)(4), comprising ap- means the Edward H. McDaniel American PARTNERSHIP proximately 316 acres, located in the Pres- Legion Post No. 22 in Pahrump, Nevada. Sec. 201. Purpose. cott National Forest, and more particularly (2) SECRETARY.—The term ‘‘Secretary’’ Sec. 202. Definitions. described as lots 1, 5, and 6 of section 26, the means the Secretary of the Interior, acting Sec. 203. Verde River Basin Partnership. NE1⁄4NE1⁄4 portion of section 26 and the through the Director of the Bureau of Land Sec. 204. Verde River Basin studies. N1⁄2N1⁄2 portion of section 27, Township 14 Management. Sec. 205. Verde River Basin Partnership North, Range 4 East, Gila and Salt River SEC. 3. CONVEYANCE OF LAND TO EDWARD H. final report. Base and Meridian, Yavapai County, Ari- MCDANIEL AMERICAN LEGION POST Sec. 206. Memorandum of understanding. zona. NO. 22. Sec. 207. Effect. (B) A portion of the Camp Verde parcel de- (a) CONVEYANCE ON CONDITION SUBSE- TITLE I—NORTHERN ARIZONA LAND scribed in section 104(a)(4), comprising ap- QUENT.—Not later than 180 days after the EXCHANGE proximately 314 acres, located in the Pres- date of enactment of this Act, subject to SEC. 101. DEFINITIONS. cott National Forest, and more particularly valid existing rights and the condition stated In this title: described as lots 2, 7, 8, and 9 of section 26,

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the SE1⁄4NE1⁄4 portion of section 26, and the independent third-party contractors to carry land or portion thereof, upon payment of the S1⁄2N1⁄2 of section 27, Township 14 North, out any work necessary to complete the ex- fair market value of the parcel and subject Range 4 East, Gila and Salt River Base and change by that date. to any terms and conditions the Secretary Meridian, Yavapai County, Arizona. (2) If, in accordance with this subsection, may require. (C) Beginning at the south boundary of sec- Yavapai Ranch contracts with an inde- (B) A conveyance under this paragraph tion 31, Township 20 North, Range 5 West, pendent third-party contractor to carry out shall not require new administrative or envi- Gila and Salt River Base and Meridian, any work that would otherwise be performed ronmental analyses or appraisals beyond Yavapai County, Arizona, and sections 33 and by the Secretary, the Secretary shall reim- those prepared for the land exchange. 35, Township 20 North, Range 6 West, Gila burse Yavapai Ranch for the costs for the (4) A city or owner of a camp purchasing and Salt River Base and Meridian, Yavapai third-party contractors. land under this subsection shall reimburse County, Arizona, by adding to the non-Fed- (f) EASEMENTS.—(1) The exchange of non- Yavapai Ranch for any costs incurred which eral land to be conveyed to the United States Federal and Federal land under this title are directly associated with surveys and ap- in 1⁄8-section increments (E–W 64th line) shall be subject to any easements, rights-of- praisals of the specific property conveyed. while deleting from the conveyance to way, utility lines, and any other valid en- (5) A conveyance of land under this sub- Yavapai Ranch Federal land in the same in- cumbrances in existence on the date of en- section shall not affect the timing of the cremental portions of section 32, Township 20 actment of this Act, including acquired ease- land exchange. North, Range 5 West, Gila and Salt River ments for water pipelines as generally de- (6) Nothing in this subsection limits the Base and Meridian, Yavapai County, Ari- picted on the map entitled ‘‘Yavapai Ranch authority of the Secretary or Yavapai Ranch zona, and sections 32, 34, and 36 in Township Land Exchange, YRLP Acquired Easements to delete any of the parcels referenced in this 20 North, Range 6 West, Gila and Salt River for Water Lines’’ dated August 2004, and any subsection from the land exchange. (7)(A) The Secretary shall deposit the pro- Base and Meridian, Yavapai County, Ari- other reservations that may be agreed to by ceeds of any sale under paragraph (2) in a zona, to establish a linear and continuous the Secretary and Yavapai Ranch. special account in the fund established under boundary that runs east-to-west across the (2) Upon completion of the land exchange Public Law 90–171 (commonly known as the sections. under this title, the Secretary and Yavapai ‘‘Sisk Act’’) (16 U.S.C. 484a). (D) Any other parcels, or portions thereof, Ranch shall grant each other at no charge (B) Amounts deposited under subparagraph agreed to by the Secretary and Yavapai reciprocal easements for access and utilities (A) shall be available to the Secretary, with- Ranch. across, over, and through— out further appropriation, to be used for the (3) If any parcel of Federal land or non- (A) the routes depicted on the map entitled acquisition of land in the State of Arizona Federal land is not conveyed because of any ‘‘Yavapai Ranch Land Exchange, Road and for addition to the National Forest System, reason, that parcel of land, or portion there- Trail Easements, Yavapai Ranch Area’’ including the land to be exchanged under of, shall be excluded from the exchange and dated August 2004; and this title. the remaining lands shall be adjusted as pro- (B) any relocated routes that are agreed to vided in this subsection. by the Secretary and Yavapai Ranch. SEC. 103. DESCRIPTION OF NON-FEDERAL LAND. (4) If the value of the Federal land exceeds (3) An easement described in paragraph (2) (a) IN GENERAL.—The non-Federal land re- the value of the non-Federal land by more shall be unrestricted and non-exclusive in ferred to in this title consists of approxi- than $50,000, the Secretary and Yavapai nature and shall run with and benefit the mately 35,000 acres of privately-owned land Ranch shall, by mutual agreement, delete land. within the boundaries of the Prescott Na- additional Federal land from the exchange (g) CONVEYANCE OF FEDERAL LAND TO CIT- tional Forest, as generally depicted on the until the value of the Federal land and non- IES AND CAMPS.—(1) Prior to the completion map entitled ‘‘Yavapai Ranch Land Ex- Federal land is, to the maximum extent of the land exchange between Yavapai Ranch change, Non-Federal Lands’’, dated August practicable, equal. and the Secretary, the cities and the owners 2004. (d) APPRAISALS.—(1) The value of the Fed- of the camps may enter into agreements (b) EASEMENTS.—(1) The conveyance of eral land and non-Federal land shall be de- with Yavapai Ranch whereby Yavapai non-Federal land to the United States under termined by appraisals prepared in accord- Ranch, upon completion of the land ex- section 102 shall be subject to the reserva- ance with the Uniform Appraisal Standards change, will convey to the cities or the own- tion of— for Federal Land Acquisitions and the Uni- ers of the camps the applicable parcel of Fed- (A) water rights and perpetual easements form Standards of Professional Appraisal eral land or portion thereof. that run with and benefit the land retained Practice. (2) If Yavapai Ranch and the cities or camp by Yavapai Ranch for— (2)(A) After the Secretary has reviewed and owners have not entered into agreements in (i) the operation, maintenance, repair, im- approved the final appraised values of the accordance with paragraph (1), the Secretary provement, development, and replacement of Federal land and non-Federal land to be ex- shall, on notification by the cities or owners not more than 3 wells in existence on the changed, the Secretary shall not be required of the camps no later than 30 days after the date of enactment of this Act; to reappraise or update the final appraised date the relevant approved appraisal is made (ii) related storage tanks, valves, pumps, values before the completion of the land ex- publicly available, delete the applicable par- and hardware; and change. cel or portion thereof from the land ex- (iii) pipelines to point of use; and (B) This paragraph shall apply during the change between Yavapai Ranch and the (B) easements for reasonable access to ac- three-year period following the approval by United States as follows: complish the purposes of the easements de- the Secretary of the final appraised values of (A) Upon request of the City of Flagstaff, scribed in subparagraph (A). the Federal land and non-Federal land unless Arizona, the parcels, or portion thereof, de- (2) Each easement for an existing well re- the Secretary and Yavapai Ranch have en- scribed in section 104(a)(2). ferred to in paragraph (1) shall be 40 acres in tered into an agreement to implement the (B) Upon request of the City of Williams, area, and to the maximum extent prac- exchange. Arizona, the parcels, or portion thereof, de- ticable, centered on the existing well. (3) During the appraisal process, the ap- scribed in section 104(a)(3). (3) The United States shall be entitled to praiser shall determine the value of each (C) Upon request of the City of Camp one-half the production of each existing or parcel of Federal land and non-Federal land Verde, Arizona, a portion of the parcel de- replacement well, not to exceed a total of (including the contributory value of each in- scribed in section 104(a)(4), comprising ap- 3,100,000 gallons of water annually for Na- dividual section of the intermingled Federal proximately 514 acres located southeast of tional Forest System purposes. and non-Federal land of the property de- the southeastern boundary of the I–17 right- (4) The locations of the easements and scribed in sections 103(a) and 104(a)(1)) as an of-way, and more particularly described as wells shall be as generally depicted on the assembled transaction. the SE1⁄4 portion of the southeast quarter of map entitled ‘‘Yavapai Ranch Land Ex- (4)(A) To ensure the timely and full disclo- section 26, the E1⁄2 and the E1⁄2W1⁄2 portions of change, Reserved Easements for Water Lines sure to the public of the final appraised val- section 35, and lots 5 through 7 of section 36, and Wells’’, dated August 2004. ues of the Federal land and non-Federal land, Township 14 North, Range 4 East, Gila and SEC. 104. DESCRIPTION OF FEDERAL LAND. the Secretary shall provide public notice of Salt River Base and Meridian, Yavapai Coun- (a) IN GENERAL.—The Federal land referred any appraisals approved by the Secretary ty, Arizona. to in this title consists of the following: and copies of such appraisals shall be avail- (D) Upon request of the owners of the (1) Certain land comprising approximately able for public inspection in appropriate of- Younglife Lost Canyon camp, the parcel de- 15,300 acres located in the Prescott National fices of the Prescott, Coconino, and Kaibab scribed in section 104(a)(5). Forest, as generally depicted on the map en- National Forests. (E) Upon request of the owner of Friendly titled ‘‘Yavapai Ranch Land Exchange, (B) The Secretary shall also provide copies Pines Camp, Patterdale Pines Camp, Camp Yavapai Ranch Area Federal Lands’’, dated of any approved appraisals to the cities and Pearlstein, Pine Summit, or Sky Y Camp, as August 2004. the owners of the camps described in section applicable, the corresponding parcel de- (2) Certain land located in the Coconino 101(1). scribed in section 104(a)(6). National Forest— (e) CONTRACTING.—(1) If the Secretary (3)(A) Upon request of the specific city or (A) comprising approximately 1,500 acres lacks adequate staff or resources to complete camp referenced in paragraph (2), the Sec- as generally depicted on the map entitled the exchange by the date specified in section retary shall convey to such city or camp all ‘‘Yavapai Ranch Land Exchange, Flagstaff 106(c), Yavapai Ranch, subject to the agree- right, title, and interest of the United States Federal Lands Airport Parcel’’, dated August ment of the Secretary, may contract with in and to the applicable parcel of Federal 2004; and

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.123 S26JYPT1 S9042 CONGRESSIONAL RECORD — SENATE July 26, 2005 (B) comprising approximately 28.26 acres in cordance with this title and the laws applica- ment partnership for the Verde River Basin two separate parcels, as generally depicted ble to the National Forest System. in the State of Arizona, consisting of mem- on the map entitled ‘‘Yavapai Ranch Land (b) GRAZING.—Where grazing on non-Fed- bers that represent— Exchange, Flagstaff Federal Lands Wetzel eral land acquired by the Secretary under (1) Federal, State, and local agencies; and School and Mt. Elden Parcels’’, dated August this title occurs prior to the date of enact- (2) economic, environmental, and commu- 2004. ment of this Act, the Secretary may manage nity water interests in the Verde River (3) Certain land located in the Kaibab Na- the land to allow for continued grazing use, Basin. tional Forest, and referred to as the Wil- in accordance with the laws generally appli- SEC. 202. DEFINITIONS. cable to domestic livestock grazing on Na- liams Airport, Williams golf course, Wil- In this title: liams Sewer, Buckskinner Park, Williams tional Forest System land. (1) DIRECTOR.—The term ‘‘Director’’ means (c) TIMBER HARVESTING.—(1) After comple- Railroad, and Well parcels number 2, 3, and 4, the Director of the Arizona Department of tion of the land exchange under this title, cumulatively comprising approximately 950 Water Resources. acres, as generally depicted on the map enti- except as provided in paragraph (2), commer- (2) PARTNERSHIP.—The term ‘‘Partnership’’ cial timber harvesting shall be prohibited on tled ‘‘Yavapai Ranch Land Exchange, Wil- means the Verde River Basin Partnership. liams Federal Lands’’, dated August 2004. the non-Federal land acquired by the United (3) PLAN.—The term ‘‘plan’’ means the plan (4) Certain land located in the Prescott Na- States. (2) Timber harvesting may be conducted on for the Verde River Basin required by section tional Forest, comprising approximately 204(a)(1). 2,200 acres, as generally depicted on the map the non-Federal land acquired under this title if the Secretary determines that such (4) SECRETARY.—The term ‘‘Secretary’’ entitled ‘‘Yavapai Ranch Land Exchange, means the Secretary of Agriculture. Camp Verde Federal Land General Crook harvesting is necessary— (A) to prevent or control fires, insects, and (5) STATE.—The term ‘‘State’’ means the Parcel’’, dated August 2004. State of Arizona. (5) Certain land located in the Kaibab Na- disease through forest thinning or other forest management techniques; (6) VERDE RIVER BASIN.—The term ‘‘Verde tional Forest, comprising approximately River Basin’’ means the land area designated 237.5 acres, as generally depicted on the map (B) to protect or enhance grassland habitat, watershed values, native plants and by the Arizona Department of Water Re- entitled ‘‘Yavapai Ranch Land Exchange, sources as encompassing surface water and Younglife Lost Canyon’’, dated August 2004. wildlife species; or (C) to improve forest health. groundwater resources, including drainage (6) Certain land located in the Prescott Na- and recharge areas with a hydrologic connec- SEC. 106. MISCELLANEOUS PROVISIONS. tional Forest, including the ‘‘Friendly tion to the Verde River. Pines’’, ‘‘Patterdale Pines’’, ‘‘Camp (a) REVOCATION OF ORDERS.—Any public or- (7) WATER BUDGET.—The term ‘‘water budg- ders withdrawing any of the Federal land Pearlstein’’, ‘‘Pine Summit’’, and ‘‘Sky Y’’ et’’ means the accounting of— from appropriation or disposal under the camps, cumulatively comprising approxi- (A) the quantities of water leaving the public land laws are revoked to the extent mately 200 acres, as generally depicted on Verde River Basin— necessary to permit disposal of the Federal the map entitled ‘‘Yavapai Ranch Land Ex- (i) as discharge to the Verde River and land. change, Prescott Federal Lands, Summer tributaries; (b) WITHDRAWAL OF FEDERAL LAND.—Sub- Youth Camp Parcels’’, dated August 2004. (ii) as subsurface outflow; (b) CONDITION OF CONVEYANCE OF CAMP ject to valid existing rights, the Federal land (iii) as evapotranspiration by riparian VERDE PARCEL.—(1) To conserve water in the is withdrawn from all forms of entry and ap- vegetation; Verde Valley, Arizona, and to minimize the propriation under the public land laws; loca- (iv) as surface evaporation; adverse impacts from future development of tion, entry, and patent under the mining (v) for agricultural use; and the Camp Verde General Crook parcel de- laws; and operation of the mineral leasing (vi) for human consumption; and scribed in subsection (a)(4) on current and fu- and geothermal leasing laws, until the date (B) the quantities of water replenishing the ture holders of water rights in existence of on which the land exchange is completed. Verde River Basin by precipitation, infiltra- the date of enactment of this Act and the (c) COMPLETION OF EXCHANGE.—It is the in- Verde River and National Forest System tent of Congress that the land exchange au- tion, and subsurface inflows. lands retained by the United States, the thorized and directed under this title be SEC. 203. VERDE RIVER BASIN PARTNERSHIP. United States shall limit in perpetuity the completed not later than 18 months after the (a) IN GENERAL.—The Secretary may par- use of water on the parcel by reserving con- date of enactment of this Act. ticipate in the establishment of a partner- servation easements that— SEC. 107. CONVEYANCE OF ADDITIONAL LAND. ship, to be known as the ‘‘Verde River Basin (A) run with the land; (a) IN GENERAL.—The Secretary shall con- Partnership’’, made up of Federal, State, (B) prohibit golf course development on the vey to a person that represents the majority local governments, and other entities with parcel; of landowners with encroachments on the lot responsibilities and expertise in water to co- (C) require that any public park or green- by quitclaim deed the parcel of land de- ordinate and cooperate in the identification belt on the parcel be watered with treated scribed in subsection (b). and implementation of comprehensive wastewater; (b) DESCRIPTION OF LAND.—The parcel of science-based policies, projects, and manage- (D) limit total post-exchange water use on land referred to in subsection (a) is lot 8 in ment activities relating to the Verde River the parcel to not more than 300 acre-feet of section 11, T. 21 N., R. 7 E., Gila and Salt Basin. water per year; River Base and Meridian, Coconino County, (b) AUTHORIZATION OF APPROPRIATIONS.—On (E) provide that any water supplied by mu- Arizona. establishment of the Partnership, there are nicipalities or private water companies shall (c) AMOUNT OF CONSIDERATION.—In ex- authorized to be appropriated to the Sec- count towards the post-exchange water use change for the land described in subsection retary and the Secretary of the Interior such limitation described in subparagraph (D); (b), the person acquiring the land shall pay sums as are necessary to carry out the ac- and to the Secretary consideration in the tivities of the Partnership for each of fiscal (F) except for water supplied to the parcel amount of— years 2006 through 2010. by municipal water service providers or pri- (1) $2500; plus SEC. 204. VERDE RIVER BASIN STUDIES. vate water companies, require that any (2) any costs of re-monumenting the (a) STUDIES.— water used for the parcel not be withdrawn boundary of land. (1) IN GENERAL.—The Partnership shall pre- from wells perforated in the saturated Holo- (d) TIMING.—(1) Not later than 90 days after pare a plan for conducting water resource cene alluvium of the Verde River. the date on which the Secretary receives a studies in the Verde River Basin that identi- (2) If Yavapai Ranch conveys the Camp power of attorney executed by the person ac- Verde parcel described in subsection (a)(4), fies— quiring the land, the Secretary shall convey (A) the primary study objectives to fulfill or any portion thereof, the terms of convey- to the person the land described in sub- ance shall include a recorded and binding water resource planning and management section (b). needs for the Verde River Basin; and agreement of the quantity of water available (2) If, by the date that is 270 days after the (B) the water resource studies, hydrologic for use on the land conveyed, as determined date of enactment of this Act, the Secretary models, surface and groundwater monitoring by Yavapai Ranch, except that total water does not receive the power of attorney de- networks, and other analytical tools helpful use on the Camp Verde parcel may not ex- scribed in paragraph (1)— in the identification of long-term water sup- ceed the amount specified in paragraph (A) the authority provided under this sec- ply management options within the Verde (1)(D). tion shall terminate; and River Basin. (3) The Secretary may enter into a memo- (B) any conveyance of the land shall be (2) REQUIREMENTS.—At a minimum, the randum of understanding with the State or made under Public Law 97–465 (16 U.S.C. 521c plan shall— political subdivision of the State to enforce et seq.). the terms of the conservation easement. (A) include a list of specific studies and TITLE II—VERDE RIVER BASIN SEC. 105. STATUS AND MANAGEMENT OF LAND analyses that are needed to support Partner- AFTER EXCHANGE. PARTNERSHIP ship planning and management decisions; (a) IN GENERAL.—Land acquired by the SEC. 201. PURPOSE. (B) identify any ongoing or completed United States under this title shall become The purpose of this title is to authorize as- water resource or riparian studies that are part of the Prescott National Forest and sistance for a collaborative and science- relevant to water resource planning and shall be administered by the Secretary in ac- based water resource planning and manage- management for the Verde River Basin;

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.123 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9043 (C) describe the estimated cost and dura- understanding authorizing the United States ment with a Federal, State, and local agen- tion of the proposed studies and analyses; Geological Survey to access Forest Service cy, academic institution, Indian tribe, or and land (including stream gauges, weather sta- nonprofit entity to provide for— (D) designate as a study priority the com- tions, wells, or other points of data collec- (A) the curation of and research on the mu- pilation of a water budget analysis for the tion on the Forest Service land) to carry out seum collection at the Center; and Verde Valley. this title. (B) the development, use, management, (b) VERDE VALLEY WATER BUDGET ANAL- SEC. 207. EFFECT. and operation of the Center. YSIS.— Nothing in this title diminishes or expands (3) LIMITATION.—The land acquired by the (1) IN GENERAL.—Subject to the avail- State or local jurisdiction, responsibilities, Secretary under subsection (b) shall not— ability of appropriations, not later than 14 or rights with respect to water resource (A) be a part of the Monument; or months after the date of enactment of this management or control. (B) be subject to the laws (including regu- Act, the Director of the U.S. Geological Sur- lations) applicable to the Monument. f vey, in cooperation with the Director, shall SEC. 4. AUTHORIZATION OF APPROPRIATIONS. prepare and submit to the Partnership a re- UINTAH RESEARCH AND There is authorized to be appropriated to port that provides a water budget analysis of CURATORIAL CENTER ACT carry out this Act $8,800,000. the portion of the Verde River Basin within The Senate proceeded to consider the The committee amendment was the Verde Valley. agreed to. (2) COMPONENTS.—The report submitted bill (S. 182) to provide for the establish- under paragraph (1) shall include— ment of the Uintah Research and Cura- The bill (S. 182), as amended, was (A) a summary of the information avail- torial Center for Dinosaur National read the third time and passed. able on the hydrologic flow regime for the Monument in the States of Colorado f portion of the Middle Verde River from the and Utah, and for other purposes, LAND CONVEYANCE TO BEAVER Clarkdale streamgauging station to the city which had been reported from the Com- of Camp Verde at United States Geological COUNTY, UTAH Survey Stream Gauge 09506000; mittee on Energy and Natural Re- The bill (S. 52) to direct the Sec- (B) with respect to the portion of the Mid- sources, with an amendment, as fol- retary of the Interior to convey a par- dle Verde River described in subparagraph lows: cel of real property to Beaver County, (A), estimates of— [Strike the parts shown in black Utah, was read the third time and (i) the inflow and outflow of surface water brackets and insert the parts shown in passed, as follows: and groundwater; italic.] S. 52 (ii) annual consumptive water use; and S. 182 (iii) changes in groundwater storage; and Be it enacted by the Senate and House of (C) an analysis of the potential long-term Be it enacted by the Senate and House of Rep- Representatives of the United States of America consequences of various water use scenarios resentatives of the United States of America in in Congress assembled, on groundwater levels and Verde River flows. Congress assembled, SECTION 1. CONVEYANCE TO BEAVER COUNTY, (c) PRELIMINARY REPORT AND RECOMMENDA- SECTION 1. SHORT TITLE. UTAH. TIONS.— This Act may be cited as the ‘‘Uintah Re- (a) IN GENERAL.—As soon as practicable (1) IN GENERAL.—Not later than 16 months search and Curatorial Center Act’’. after the date of enactment of this Act, the after the date of enactment of this Act, SEC. 2. DEFINITIONS. Secretary of the Interior shall, without con- using the information provided in the report In this Act: sideration and subject to valid existing submitted under subsection (b) and any (1) CENTER.—The term ‘‘Center’’ means the rights, convey to Beaver County, Utah (re- other relevant information, the Partnership Uintah Research and Curatorial Center. ferred to in this Act as the ‘‘County’’), all shall submit to the Secretary, the Governor (2) MAP.—The term ‘‘map’’ means the map right, title, and interest of the United States of Arizona, and representatives of the Verde entitled ‘‘Proposed Location of the øUintah¿ in and to the approximately 200 acres de- Valley communities, a preliminary report Uinta Research and Curatorial Center’’, num- picted as ‘‘Minersville State Park’’ on the that sets forth the findings and recommenda- bered 122/80,080, and dated May 2004. map entitled ‘‘S. 2285, Minersville State tions of the Partnership regarding the long- (3) MONUMENT.—The term ‘‘Monument’’ Park’’ and dated April 30, 2004, for use for term available water supply within the means the Dinosaur National Monument in public recreation. Verde Valley. the States of Colorado and Utah. (b) RECONVEYANCE BY BEAVER COUNTY.— (1) IN GENERAL.—Notwithstanding sub- (2) CONSIDERATION OF RECOMMENDATIONS.— (4) SECRETARY.—The term ‘‘Secretary’’ section (a), Beaver County may sell, for not The Secretary may take into account the means the Secretary of the Interior. recommendations included in the report sub- less than fair market value, a portion of the SEC. 3. UINTAH RESEARCH AND CURATORIAL property conveyed to the County under this mitted under paragraph (1) with respect to CENTER. decisions affecting land under the jurisdic- section, if the proceeds of such sale are used (a) IN GENERAL.—To provide for the unified by the County solely for maintenance of pub- tion of the Secretary, including any future and cost-effective curation of the paleon- sales or exchanges of Federal land in the lic recreation facilities located on the re- tological, natural, and cultural objects of the mainder of the property conveyed to the Verde River Basin after the date of enact- Monument and the surrounding area, the ment of this Act. County under this section. Secretary shall establish the Uintah Re- (2) LIMITATION.—If the County does not (3) EFFECT.—Any recommendations in- search and Curatorial Center on land located cluded in the report submitted under para- comply with the requirements of paragraph outside the boundary of the Monument ac- (1) in the conveyance of the property under graph (1) shall not affect the land exchange quired under subsection (b). process or the appraisals of the Federal land that paragraph— (b) ACQUISITION OF LAND.—The Secretary (A) the County shall pay to the United and non-Federal land conducted under sec- may acquire by donation land for the Center States the proceeds of the conveyance; and tions 103 and 104. consisting of not more than 5 acres located (B) the Secretary of the Interior may re- SEC. 205. VERDE RIVER BASIN PARTNERSHIP in Uintah County, in the vicinity of Vernal, quire that all property conveyed under sub- FINAL REPORT. Utah, as generally depicted on the map. section (a) (other than the property sold by Not later than 4 years after the date of en- (c) AVAILABILITY OF MAP.—The map shall the County under paragraph (1)) revert to actment of this Act, the Partnership shall be on file and available for public inspection the United States. submit to the Secretary and the Governor of in the appropriate offices of the National f Arizona a final report that— Park Service. (1) includes a summary of the results of (d) USE.—The Center shall be used for the NATIONAL TRAILS SYSTEM ACT any water resource assessments conducted curation of, storage of, and research on AMENDMENTS under this title in the Verde River Basin; items in— (2) identifies any areas in the Verde River (1) the museum collection of the Monu- The Senate proceeded to consider the Basin that are determined to have ground- ment; and bill (S. 54) to amend the National water deficits or other current or potential (2) any collection maintained by an entity Trails System Act to require the Sec- water supply problems; described in subsection (e)(2) that enters into retary of the Interior to update the fea- (3) identifies long-term water supply man- a cooperative agreement with the Secretary. sibility and suitability studies of four agement options for communities and water (e) ADMINISTRATION.— national historic trails, and for other resources within the Verde River Basin; and (1) IN GENERAL.—The Secretary shall— (4) identifies water resource analyses and purposes, which had been reported from (A) administer the land acquired under the Committee on Energy and Natural monitoring needed to support the implemen- subsection (b); and tation of management options. (B) promulgate any regulations that the Resources, with amendments, as fol- SEC. 206. MEMORANDUM OF UNDERSTANDING. Secretary determines to be appropriate for lows: The Secretary (acting through the Chief of the use and management of the land. [Strike the parts shown in black the Forest Service) and the Secretary of the (2) COOPERATIVE AGREEMENTS.—The Sec- brackets and insert the parts shown in Interior, shall enter into a memorandum of retary may enter into a cooperative agree- italic.]

VerDate Aug 04 2004 05:53 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.123 S26JYPT1 S9044 CONGRESSIONAL RECORD — SENATE July 26, 2005 S. 54 dertake a study of the approximately 20-mile ‘‘(i) 1846 Subsequent routes A and B (Lucas Be it enacted by the Senate and House of southern alternative route of the Pony Express and Clarke Counties, Iowa). Representatives of the United States of America Trail from Wathena, Kansas, to Troy, Kansas, ‘‘(ii) 1856–57 Handcart route (Iowa City to in Congress assembled, and such other routes of the Pony Express Trail Council Bluffs). that the Secretary considers appropriate, to de- ‘‘(iii) Keokuk route (Iowa). SECTION 1. REVISION OF FEASIBILITY AND SUIT- termine the feasibility and suitability of des- ABILITY STUDIES OF EXISTING NA- ‘‘(iv) 1847 Alternative Elkhorn and Loup River TIONAL HISTORIC TRAILS. ignation of one or more of the routes as compo- Crossings in Nebraska. Section 5 of the National Trails System nents of the Pony Express National Historic ‘‘(v) Fort Leavenworth Road; Ox Bow route Act (16 U.S.C. 1244) is amended by inserting Trail. and alternates in Kansas and Missouri (Oregon ƒ ≈ the following new subsection: ‘‘ (4) (5) CALIFORNIA NATIONAL HISTORIC and California Trail routes used by Mormon TRAIL.— ø‘‘(g) The Secretary shall revise the feasi- emigrants). ‘‘(A) STUDY REQUIRED.—The Secretary of the bility and suitability studies for certain na- ‘‘(vi) 1850 Golden Pass Road in Utah. Interior shall undertake a study of the Missouri tional trails for consideration of possible ad- ‘‘ƒ(6)≈ (7) SHARED CALIFORNIA AND OREGON Valley, central, and western routes of the Cali- ditions to the trails. TRAIL ROUTES.— fornia Trail listed in subparagraph (B) and gen- ø‘‘(1) IN GENERAL.— ‘‘(A) STUDY REQUIRED.—The Secretary of the erally depicted on the map entitled ‘Western ø Interior shall undertake a study of the shared ‘‘(A) DEFINITIONS.—In this subsection: Emigrant Trails 1830/1870’ and dated 1991/1993, ø routes of the California Trail and Oregon Trail ‘‘(i) ROUTE.—The term ‘route’ includes a and of such other and shared Missouri Valley, listed in subparagraph (B) and generally de- trail segment commonly known as a cutoff. central, and western routes that the Secretary picted on the map entitled ‘Western Emigrant ø‘‘(ii) SHARED ROUTE.—The term ‘shared considers appropriate, to determine the feasi- Trails 1830/1870’ and dated 1991/1993, and of route’ means a route that was a segment of bility and suitability of designation of one or such other shared routes that the Secretary con- more than one historic trail, including a more of the routes as components of the Cali- siders appropriate, to determine the feasibility route shared with an existing national his- fornia National Historic Trail. and suitability of designation of one or more of toric trail. ‘‘(B) COVERED ROUTES.—The routes to be the routes as shared components of the Cali- ø‘‘(B) STUDY REQUIREMENTS AND OBJEC- studied under subparagraph (A) shall include fornia National Historic Trail and the Oregon TIVES.—The study requirements and objec- the following: National Historic Trail. tives specified in subsection (b) shall apply ‘‘(i) MISSOURI VALLEY ROUTES.— ‘‘(B) COVERED ROUTES.—The routes to be to a study required by this subsection. ‘‘(I) Blue Mills-Independence Road. studied under subparagraph (A) shall include ø‘‘(C) COMPLETION AND SUBMISSION OF ‘‘(II) Westport Landing Road. the following: STUDY.—A study listed in this subsection ‘‘(III) Westport-Lawrence Road. ‘‘(i) St. Joe Road. shall be completed and submitted to the Con- ‘‘(IV) Fort Leavenworth-Blue River route. gress not later than three complete fiscal ‘‘(V) Road to Amazonia. ‘‘(ii) Council Bluffs Road. years from the date funds are made available ‘‘(VI) Union Ferry Route. ‘‘(iii) Sublette cutoff. for the study. ‘‘(VII) Old Wyoming-Nebraska City cutoff. ‘‘(iv) Applegate route. ø‘‘(2) OREGON NATIONAL HISTORIC TRAIL.—¿ ‘‘(VIII) Lower Plattsmouth Route. ‘‘(v) Old Fort Kearny Road (Oxbow Trail). ‘‘(g) REVISION OF FEASIBILITY AND SUIT- ‘‘(IX) Lower Bellevue Route. ‘‘(vi) Childs cutoff. ABILITY STUDIES OF EXISTING NATIONAL HIS- ‘‘(X) Woodbury cutoff. ‘‘(vii) Raft River to Applegate.’’. TORIC TRAILS.— ‘‘(XI) Blue Ridge cutoff. The committee amendments were ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(XII) Westport Road. agreed to. ‘‘(A) ROUTE.—The term ‘route’ includes a trail ‘‘(XIII) Gum Springs-Fort Leavenworth route. segment commonly known as a cutoff. ‘‘(XIV) Atchison/Independence Creek routes. The bill (S. 54), as amended, was read ‘‘(B) SHARED ROUTE.—The term ‘shared route’ ‘‘(XV) Fort Leavenworth-Kansas River route. the third time and passed, as follows: means a route that was a segment of more than ‘‘(XVI) Nebraska City cutoff routes. S. 54 one historic trail, including a route shared with ‘‘(XVII) Minersville-Nebraska City Road. an existing national historic trail. Be it enacted by the Senate and House of Rep- ‘‘(XVIII) Upper Plattsmouth route. resentatives of the United States of America in ‘‘(2) REQUIREMENTS FOR REVISION.— ‘‘(XIX) Upper Bellevue route. Congress assembled, ‘‘(A) IN GENERAL.—The Secretary shall revise ‘‘(ii) CENTRAL ROUTES.— the feasibility and suitability studies for certain ‘‘(I) Cherokee Trail, including splits. SECTION 1. REVISION OF FEASIBILITY AND SUIT- ABILITY STUDIES OF EXISTING NA- national trails for consideration of possible ad- ‘‘(II) Weber Canyon route of Hastings cutoff. ditions to the trails. TIONAL HISTORIC TRAILS. ‘‘(III) Bishop Creek cutoff. Section 5 of the National Trails System ‘‘(B) STUDY REQUIREMENTS AND OBJECTIVES.— ‘‘(IV) McAuley cutoff. The study requirements and objectives specified Act (16 U.S.C. 1244) is amended by inserting ‘‘(V) Diamond Springs cutoff. the following new subsection: in subsection (b) shall apply to a study required ‘‘(VI) Secret Pass. ‘‘(g) REVISION OF FEASIBILITY AND SUIT- by this subsection. ‘‘(VII) Greenhorn cutoff. ABILITY STUDIES OF EXISTING NATIONAL HIS- ‘‘(C) COMPLETION AND SUBMISSION OF ‘‘(VIII) Central Overland Trail. TORIC TRAILS.— STUDY.—A study listed in this subsection shall ‘‘(iii) WESTERN ROUTES.— ‘‘(1) DEFINITIONS.—In this subsection: be completed and submitted to Congress not ‘‘(I) Bidwell-Bartleson route. ‘‘(A) ROUTE.—The term ‘route’ includes a later than 3 complete fiscal years from the date ‘‘(II) Georgetown/Dagget Pass Trail. funds are made available for the study. trail segment commonly known as a cutoff. ‘‘(III) Big Trees Road. ‘‘(B) SHARED ROUTE.—The term ‘shared ‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— ‘‘(IV) Grizzly Flat cutoff. ‘‘(A) STUDY REQUIRED.—The Secretary of the route’ means a route that was a segment of ‘‘(V) Nevada City Road. more than one historic trail, including a Interior shall undertake a study of the routes of ‘‘(VI) Yreka Trail. the Oregon Trail listed in subparagraph (B) and route shared with an existing national his- ‘‘(VII) Henness Pass route. generally depicted on the map entitled ‘Western toric trail. ‘‘(VIII) Johnson cutoff. Emigrant Trails 1830/1870’ and dated 1991/1993, ‘‘(2) REQUIREMENTS FOR REVISION.— ‘‘(IX) Luther Pass Trail. and of such other routes of the Oregon Trail ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(X) Volcano Road. that the Secretary considers appropriate, to devise the feasibility and suitability studies for ‘‘(XI) Sacramento-Coloma Wagon Road. termine the feasibility and suitability of des- certain national trails for consideration of ‘‘(XII) Burnett cutoff. ignation of one or more of the routes as compo- possible additions to the trails. nents of the Oregon National Historic Trail. ‘‘(XIII) Placer County Road to Auburn. ‘‘(B) STUDY REQUIREMENTS AND OBJEC- ‘‘ƒ(5)≈ (6) MORMON PIONEER NATIONAL HIS- TIVES.—The study requirements and objec- ‘‘(B) COVERED ROUTES.—The routes to be TORIC TRAIL.— studied under subparagraph (A) shall include tives specified in subsection (b) shall apply the following: ‘‘(A) STUDY REQUIRED.—The Secretary of the to a study required by this subsection. Interior shall undertake a study of the routes of ‘‘(C) COMPLETION AND SUBMISSION OF ‘‘(i) Whitman Mission route. the Mormon Pioneer Trail listed in subpara- STUDY.—A study listed in this subsection ‘‘(ii) Upper Columbia River. graph (B) and generally depicted in the map en- shall be completed and submitted to Con- ‘‘(iii) Cowlitz River route. titled ‘Western Emigrant Trails 1830/1870’ and gress not later than 3 complete fiscal years ‘‘(iv) Meek cutoff. dated 1991/1993, and of such other routes of the from the date funds are made available for ‘‘(v) Free Emigrant Road. Mormon Pioneer Trail that the Secretary con- the study. ‘‘(vi) North Alternate Oregon Trail. siders appropriate, to determine the feasibility ‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— ‘‘(vii) Goodale’s cutoff. and suitability of designation of one or more of ‘‘(A) STUDY REQUIRED.—The Secretary of ‘‘(viii) North Side alternate route. the routes as components of the Mormon Pio- the Interior shall undertake a study of the ‘‘(ix) Cutoff to Barlow road. neer National Historic Trail. routes of the Oregon Trail listed in subpara- ‘‘(x) Naches Pass Trail. ‘‘(B) COVERED ROUTES.—The routes to be graph (B) and generally depicted on the map ‘‘ƒ(3)≈ (4) PONY EXPRESS NATIONAL HISTORIC studied under subparagraph (A) shall include entitled ‘Western Emigrant Trails 1830/1870’ TRAIL.—The Secretary of the Interior shall un- the following: and dated 1991/1993, and of such other routes

VerDate Aug 04 2004 05:53 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.124 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9045 of the Oregon Trail that the Secretary con- ‘‘(VIII) Johnson cutoff. SEC. 3. ESTABLISHMENT OF RIO GRANDE NAT- siders appropriate, to determine the feasi- ‘‘(IX) Luther Pass Trail. URAL AREA. bility and suitability of designation of one or ‘‘(X) Volcano Road. (a) IN GENERAL.—There is established the more of the routes as components of the Or- ‘‘(XI) Sacramento-Coloma Wagon Road. Rio Grande Natural Area in the State of Col- egon National Historic Trail. ‘‘(XII) Burnett cutoff. orado to conserve, restore, and protect the ‘‘(B) COVERED ROUTES.—The routes to be ‘‘(XIII) Placer County Road to Auburn. natural, historic, cultural, scientific, scenic, studied under subparagraph (A) shall include ‘‘(6) MORMON PIONEER NATIONAL HISTORIC wildlife, and recreational resources of the the following: TRAIL.— Natural Area. ‘‘(i) Whitman Mission route. ‘‘(A) STUDY REQUIRED.—The Secretary of (b) BOUNDARIES.—The Natural Area shall ‘‘(ii) Upper Columbia River. the Interior shall undertake a study of the include the Rio Grande River from the ‘‘(iii) Cowlitz River route. routes of the Mormon Pioneer Trail listed in southern boundary of the Alamosa National ‘‘(iv) Meek cutoff. subparagraph (B) and generally depicted in Wildlife Refuge to the New Mexico State bor- ‘‘(v) Free Emigrant Road. the map entitled ‘Western Emigrant Trails der, extending 1⁄4 mile on either side of the ‘‘(vi) North Alternate Oregon Trail. 1830/1870’ and dated 1991/1993, and of such bank of the River. ‘‘(vii) Goodale’s cutoff. other routes of the Mormon Pioneer Trail (c) MAP AND LEGAL DESCRIPTION.— ‘‘(viii) North Side alternate route. that the Secretary considers appropriate, to (1) IN GENERAL.—As soon as practicable ‘‘(ix) Cutoff to Barlow road. determine the feasibility and suitability of after the date of enactment of this Act, the ‘‘(x) Naches Pass Trail. designation of one or more of the routes as Secretary shall prepare a map and legal de- ‘‘(4) PONY EXPRESS NATIONAL HISTORIC components of the Mormon Pioneer National scription of the Natural Area. TRAIL.—The Secretary of the Interior shall Historic Trail. (2) EFFECT.—The map and legal description undertake a study of the approximately 20- ‘‘(B) COVERED ROUTES.—The routes to be of the Natural Area shall have the same mile southern alternative route of the Pony studied under subparagraph (A) shall include force and effect as if included in this Act, ex- Express Trail from Wathena, Kansas, to the following: cept that the Secretary may correct any Troy, Kansas, and such other routes of the ‘‘(i) 1846 Subsequent routes A and B (Lucas minor errors in the map and legal descrip- Pony Express Trail that the Secretary con- and Clarke Counties, Iowa). tion. siders appropriate, to determine the feasi- ‘‘(ii) 1856–57 Handcart route (Iowa City to (3) PUBLIC AVAILABILITY.—The map and bility and suitability of designation of one or Council Bluffs). legal description of the Natural Area shall be more of the routes as components of the ‘‘(iii) Keokuk route (Iowa). available for public inspection in the appro- Pony Express National Historic Trail. ‘‘(iv) 1847 Alternative Elkhorn and Loup priate offices of the Bureau of Land Manage- ‘‘(5) CALIFORNIA NATIONAL HISTORIC River Crossings in Nebraska. ment. TRAIL.— ‘‘(v) Fort Leavenworth Road; Ox Bow route SEC. 4. ESTABLISHMENT OF THE COMMISSION. ‘‘(A) STUDY REQUIRED.—The Secretary of and alternates in Kansas and Missouri (Or- (a) ESTABLISHMENT.—There is established the Interior shall undertake a study of the egon and California Trail routes used by the Rio Grande Natural Area Commission. Missouri Valley, central, and western routes Mormon emigrants). (b) PURPOSE.—The Commission shall— of the California Trail listed in subparagraph ‘‘(vi) 1850 Golden Pass Road in Utah. (1) advise the Secretary with respect to the (B) and generally depicted on the map enti- ‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL Natural Area; and tled ‘Western Emigrant Trails 1830/1870’ and ROUTES.— (2) prepare a management plan relating to dated 1991/1993, and of such other and shared ‘‘(A) STUDY REQUIRED.—The Secretary of non-Federal land in the Natural Area under Missouri Valley, central, and western routes the Interior shall undertake a study of the section 6(b)(2)(A). that the Secretary considers appropriate, to shared routes of the California Trail and Or- (c) MEMBERSHIP.—The Commission shall be determine the feasibility and suitability of egon Trail listed in subparagraph (B) and composed of 9 members appointed by the designation of one or more of the routes as generally depicted on the map entitled Secretary, of whom— components of the California National His- ‘Western Emigrant Trails 1830/1870’ and dated (1) 1 member shall represent the Colorado toric Trail. 1991/1993, and of such other shared routes State Director of the Bureau of Land Man- ‘‘(B) COVERED ROUTES.—The routes to be that the Secretary considers appropriate, to agement; studied under subparagraph (A) shall include (2) 1 member shall be the manager of the the following: determine the feasibility and suitability of designation of one or more of the routes as Alamosa National Wildlife Refuge, ex officio; ‘‘(i) MISSOURI VALLEY ROUTES.— shared components of the California Na- (3) 3 members shall be appointed based on ‘‘(I) Blue Mills-Independence Road. the recommendation of the Governor of Colo- ‘‘(II) Westport Landing Road. tional Historic Trail and the Oregon Na- tional Historic Trail. rado, of whom— ‘‘(III) Westport-Lawrence Road. (A) 1 member shall represent the Colorado ‘‘(IV) Fort Leavenworth-Blue River route. ‘‘(B) COVERED ROUTES.—The routes to be studied under subparagraph (A) shall include Division of Wildlife; ‘‘(V) Road to Amazonia. (B) 1 member shall represent the Colorado ‘‘(VI) Union Ferry Route. the following: ‘‘(i) St. Joe Road. Division of Water Resources; and ‘‘(VII) Old Wyoming-Nebraska City cutoff. (C) 1 member shall represent the Rio ‘‘(VIII) Lower Plattsmouth Route. ‘‘(ii) Council Bluffs Road. ‘‘(iii) Sublette cutoff. Grande Water Conservation District; and ‘‘(IX) Lower Bellevue Route. (4) 4 members shall— ‘‘(X) Woodbury cutoff. ‘‘(iv) Applegate route. ‘‘(v) Old Fort Kearny Road (Oxbow Trail). (A) represent the general public; ‘‘(XI) Blue Ridge cutoff. (B) be citizens of the local region in which ‘‘(XII) Westport Road. ‘‘(vi) Childs cutoff. ‘‘(vii) Raft River to Applegate.’’. the Natural Area is established; and ‘‘(XIII) Gum Springs-Fort Leavenworth (C) have knowledge and experience in the route. f fields of interest relating to the preserva- ‘‘(XIV) Atchison/Independence Creek tion, restoration, and use of the Natural routes. RIO GRANDE NATURAL AREA ACT Area. ‘‘(XV) Fort Leavenworth-Kansas River The bill (S. 56) to establish the Rio (d) TERMS OF OFFICE.— route. (1) IN GENERAL.—Except for the manager of ‘‘(XVI) Nebraska City cutoff routes. Grande Natural Area in the State of Colorado, and for other purposes, was the Alamosa National Wildlife Refuge, the ‘‘(XVII) Minersville-Nebraska City Road. term of office of a member of the Commis- ‘‘(XVIII) Upper Plattsmouth route. read the third time and passed, as fol- sion shall be 5 years. ‘‘(XIX) Upper Bellevue route. lows: (2) REAPPOINTMENT.—A member may be re- ‘‘(ii) CENTRAL ROUTES.— S. 56 appointed to the Commission on completion ‘‘(I) Cherokee Trail, including splits. Be it enacted by the Senate and House of Rep- of the term of office of the member. ‘‘(II) Weber Canyon route of Hastings cut- resentatives of the United States of America in (e) COMPENSATION.—A member of the Com- off. Congress assembled, mission shall serve without compensation ‘‘(III) Bishop Creek cutoff. for service on the Commission. SECTION 1. SHORT TITLE. ‘‘(IV) McAuley cutoff. (f) CHAIRPERSON.—The Commission shall ‘‘(V) Diamond Springs cutoff. This Act may be cited as the ‘‘Rio Grande elect a chairperson of the Commission. ‘‘(VI) Secret Pass. Natural Area Act’’. (g) MEETINGS.— ‘‘(VII) Greenhorn cutoff. SEC. 2. DEFINITIONS. (1) IN GENERAL.—The Commission shall ‘‘(VIII) Central Overland Trail. In this Act: meet at least quarterly at the call of the ‘‘(iii) WESTERN ROUTES.— (1) COMMISSION.—The term ‘‘Commission’’ chairperson. ‘‘(I) Bidwell-Bartleson route. means the Rio Grande Natural Area Commis- (2) PUBLIC MEETINGS.—A meeting of the ‘‘(II) Georgetown/Dagget Pass Trail. sion established by section 4(a). Commission shall be open to the public. ‘‘(III) Big Trees Road. (2) NATURAL AREA.—The term ‘‘Natural (3) NOTICE.—Notice of any meeting of the ‘‘(IV) Grizzly Flat cutoff. Area’’ means the Rio Grande Natural Area Commission shall be published in advance of ‘‘(V) Nevada City Road. established by section 3(a). the meeting. ‘‘(VI) Yreka Trail. (3) SECRETARY.—The term ‘‘Secretary’’ (h) TECHNICAL ASSISTANCE.—The Secretary ‘‘(VII) Henness Pass route. means the Secretary of the Interior. and the heads of other Federal agencies

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shall, to the maximum extent practicable, (i) IN GENERAL.—The Commission shall the western side of the Rio Grande River provide any information and technical serv- submit to the Secretary the management from Lobatos Bridge south to the New Mex- ices requested by the Commission to assist plan prepared under subparagraph (A) for ap- ico State line). in carrying out the duties of the Commis- proval or disapproval. (b) CHANGES IN STREAMFLOW.—The Sec- sion. (ii) ACTION FOLLOWING DISAPPROVAL.—If the retary is encouraged to negotiate with the SEC. 5. POWERS OF THE COMMISSION. Secretary disapproves the management plan State of Colorado, the Rio Grande Water (a) HEARINGS.—The Commission may hold submitted under clause (i), the Secretary Conservation District, and affected water such hearings, meet and act at such times shall— users in the State to determine if changes in and places, take such testimony, and receive (I) notify the Commission of the reasons the streamflow that are beneficial to the such evidence as the Commission considers for the disapproval; and Natural Area may be accommodated. (c) PRIVATE LAND.—The management plan advisable to carry out this Act. (II) allow the Commission to submit to the prepared under section 6(b)(2)(A) shall apply (b) COOPERATIVE AGREEMENTS.— Secretary revisions to the management plan to private land in the Natural Area only to (1) IN GENERAL.—For purposes of carrying submitted under clause (i). the extent that the private landowner agrees (3) COOPERATION.—The Secretary and the out the management plan on non-Federal in writing to be bound by the management Commission shall cooperate to ensure that land in the Natural Area, the Commission plan. the management plans relating to the man- may enter into a cooperative agreement with (d) WITHDRAWAL.—Subject to valid existing the State of Colorado, a political subdivision agement of Federal land and non-Federal rights, all Federal land in the Natural Area of the State, or any person. land are consistent. is withdrawn from— (2) REQUIREMENTS.—A cooperative agree- (c) REQUIREMENTS.—The management plans (1) all forms of entry, appropriation, or dis- ment entered into under paragraph (1) shall shall— posal under the public land laws; establish procedures for providing notice to (1) take into consideration Federal, State, (2) location, entry, and patent under the the Commission of any action proposed by and local plans in existence on the date of mining laws; and the State of Colorado, a political subdivision enactment of this Act to present a unified (3) disposition under the mineral leasing of the State, or any person that may affect preservation, restoration, and conservation laws (including geothermal leasing laws). the implementation of the management plan plan for the Natural Area; (e) ACQUISITION OF LAND.— on non-Federal land in the Natural Area. (2) with respect to Federal land in the Nat- (1) IN GENERAL.—The Secretary may ac- (3) EFFECT.—A cooperative agreement en- ural Area— quire from willing sellers by purchase, ex- tered into under paragraph (1) shall not en- (A) be developed in accordance with sec- change, or donation land or an interest in large or diminish any right or duty of a Fed- tion 202 of the Federal Land Policy and Man- land in the Natural Area. eral agency under Federal law. agement Act of 1976 (43 U.S.C. 1712); (2) ADMINISTRATION.—Any land or interest (c) PROHIBITION OF ACQUISITION OF REAL (B) be consistent, to the maximum extent in land acquired under paragraph (1) shall be PROPERTY.—The Commission may not ac- practicable, with the management plans administered in accordance with the man- quire any real property or interest in real adopted by the Director of the Bureau of agement plan and this Act. property. Land Management for land adjacent to the (f) APPLICABLE LAW.—Section 5(d)(1) of the (d) IMPLEMENTATION OF MANAGEMENT Natural Area; and Wild and Scenic Rivers Act (16 U.S.C. PLAN.— (C) be considered to be an amendment to 1276(d)(1)) shall not apply to the Natural (1) IN GENERAL.—The Commission shall as- the San Luis Resource Management Plan of Area. sist the Secretary in implementing the man- the Bureau of Land Management; and SEC. 8. EFFECT. agement plan by carrying out the activities (3) include— Nothing in this Act— described in paragraph (2) to preserve and in- (A) an inventory of the resources contained (1) amends, modifies, or is in conflict with terpret the natural, historic, cultural, sci- in the Natural Area (including a list of prop- the Rio Grande Compact, consented to by entific, scenic, wildlife, and recreational re- erty in the Natural Area that should be pre- Congress in the Act of May 31, 1939 (53 Stat. sources of the Natural Area. served, restored, managed, developed, main- 785, ch. 155); (2) AUTHORIZED ACTIVITIES.—In assisting tained, or acquired to further the purposes of (2) authorizes the regulation of private with the implementation of the management the Natural Area); and land in the Natural Area; plan under paragraph (1), the Commission (B) a recommendation of policies for re- (3) authorizes the imposition of any man- may— source management, including the use of datory streamflow requirements; (A) assist the State of Colorado in pre- intergovernmental cooperative agreements, (4) creates an express or implied Federal serving State land and wildlife within the that— reserved water right; Natural Area; (i) protect the resources of the Natural (5) imposes any Federal water quality (B) assist the State of Colorado and polit- Area; and standard within or upstream of the Natural ical subdivisions of the State in increasing (ii) provide for solitude, quiet use, and pris- Area that is more restrictive than would be public awareness of, and appreciation for, tine natural values of the Natural Area. applicable had the Natural Area not been es- the natural, historic, scientific, scenic, wild- (d) PUBLICATION.—The Secretary shall pub- tablished; or life, and recreational resources in the Nat- lish notice of the management plans in the (6) prevents the State of Colorado from ac- ural Area; Federal Register. quiring an instream flow through the Nat- (C) encourage political subdivisions of the SEC. 7. ADMINISTRATION OF NATURAL AREA. ural Area under the terms, conditions, and State of Colorado to adopt and implement (a) IN GENERAL.—The Secretary shall ad- limitations of State law to assist in pro- land use policies that are consistent with— minister the Federal land in the Natural tecting the natural environment to the ex- (i) the management of the Natural Area; Area— tent and for the purposes authorized by and (1) in accordance with— State law. (ii) the management plan; and (A) the laws (including regulations) appli- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (D) encourage and assist private land- cable to public land; and There are authorized to be appropriated owners in the Natural Area in the implemen- (B) the management plan; and such sums as are necessary to carry out this tation of the management plan. (2) in a manner that provides for— Act. SEC. 6. MANAGEMENT PLAN. (A) the conservation, restoration, and pro- SEC. 10. TERMINATION OF COMMISSION. (a) IN GENERAL.—Not later than 4 years tection of the natural, historic, scientific, The Commission shall terminate on the after the date of enactment of this Act, the scenic, wildlife, and recreational resources of date that is 10 years after the date of enact- Secretary and the Commission, in coordina- the Natural Area; ment of this Act. tion with appropriate agencies in the State (B) the continued use of the Natural Area f of Colorado, political subdivisions of the for purposes of education, scientific study, State, and private landowners in the Natural and limited public recreation in a manner LAND CONVEYANCE TO FRANNIE, Area, shall prepare management plans for that does not substantially impair the pur- WYOMING the Natural Area as provided in subsection poses for which the Natural Area is estab- The bill (S. 101) to convey to the (b). lished; town of Frannie, Wyoming, certain (b) DUTIES OF SECRETARY AND COMMIS- (C) the protection of the wildlife habitat of land withdrawn by the Commissioner SION.— the Natural Area; (1) SECRETARY.—The Secretary shall pre- (D) a prohibition on the construction of of Reclamation, was read the third pare a management plan relating to the water storage facilities in the Natural Area; time and passed, as follows: management of Federal land in the Natural and S. 101 Area. (E) the reduction in the use of or removal Be it enacted by the Senate and House of Rep- (2) COMMISSION.— of roads in the Natural Area and, to the max- resentatives of the United States of America in (A) IN GENERAL.—The Commission shall imum extent practicable, the reduction in or Congress assembled, prepare a management plan relating to the prohibition against the use of motorized ve- SECTION 1. CONVEYANCE OF LAND TO THE TOWN management of the non-Federal land in the hicles in the Natural Area (including the re- OF FRANNIE, WYOMING. Natural Area. moval of roads and a prohibition against mo- (a) CONVEYANCE.—Subject to valid existing (B) APPROVAL OR DISAPPROVAL.— torized use on Federal land in the area on rights, the Secretary of the Interior shall

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.127 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9047 convey by quitclaim deed, without consider- tion, Mendocino National Forest’’ and dated the maps described in subparagraph (B) and ation, all right, title, and interest of the September 17, 2004; and which is incorporated in and shall be consid- United States in and to the parcel of land de- (ii) the map entitled ‘‘Bear Creek/Deafy ered to be a part of the Trinity Alps Wilder- scribed in subsection (b) to the town of Glade Unit, Snow Mountain Wilderness Addi- ness as designated by section 101(a)(34) of the Frannie, Wyoming. tion, Mendocino National Forest’’ and dated California Wilderness Act of 1984 (16 U.S.C. (b) DESCRIPTION OF LAND.—The parcel of September 17, 2004. 1132 note; Public Law 98–425). land referred to in subsection (a) is the par- (2) SANHEDRIN WILDERNESS.—Certain land (B) DESCRIPTION OF MAPS.—The maps re- cel of land withdrawn by the Commissioner in the Mendocino National Forest, com- ferred to in subparagraph (A) are— of Reclamation— prising approximately 10,571 acres, as gen- (i) the map entitled ‘‘Orleans Mountain (1) consisting of approximately 37,500 erally depicted on the map entitled ‘‘Sanhe- Unit (Boise Creek), Trinity Alps Proposed square feet; drin Proposed Wilderness, Mendocino Na- Wilderness Addition, Six Rivers National (2) located in the town of Frannie, Wyo- tional Forest’’ and dated September 17, 2004, Forest’’, and dated October 28, 2004; ming; and which shall be known as the ‘‘Sanhedrin Wil- (3) more particularly described in the ap- derness’’. (ii) the map entitled ‘‘East Fork Unit, proved Plat of Survey of Frannie Townsite, (3) YUKI WILDERNESS.—Certain land in the Trinity Alps Proposed Wilderness Addition, Six Rivers National Forest’’ and dated Sep- Wyoming, as the North 1⁄2 of Block 26, T. 58 Mendocino National Forest and certain land N, R. 97 W. administered by the Bureau of Land Manage- tember 17, 2004; (c) RESERVATION OF MINERAL RIGHTS.—The ment in Lake and Mendocino Counties, Cali- (iii) the map entitled ‘‘Horse Linto Unit, conveyance under subsection (a) shall be sub- fornia, together comprising approximately Trinity Alps Proposed Wilderness Addition, ject to the reservation by the United States 54,087 acres, as generally depicted on the map Six Rivers National Forest’’ and dated Sep- of any oil and gas rights. entitled ‘‘Yuki Proposed Wilderness’’ and tember 17, 2004; and (d) REVOCATIONS.— dated October 28, 2004, which shall be known (iv) the map entitled ‘‘Red Cap Unit, Trin- (1) SPECIAL USE PERMIT.—The special use as the ‘‘Yuki Wilderness’’. ity Alps Proposed Wilderness Addition, Six permit issued by the Commissioner of Rec- (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS Rivers National Forest’’ and dated Sep- lamation, numbered O–LM–60–L1413, and ADDITION.—Certain land in the Mendocino tember 17, 2004. dated April 20, 1990, is revoked with respect National Forest and certain land adminis- (9) UNDERWOOD WILDERNESS.—Certain land to the land described in subsection (b). tered by the Bureau of Land Management in in the Six Rivers National Forest, com- (2) SECRETARIAL ORDERS.—The following Mendocino County, California, together comprising approximately 2,977 acres, as gen- Secretarial Orders issued by the Commis- prising approximately 25,806 acres, as generally depicted on the map entitled ‘‘Under- sioner of Reclamation are revoked with re- erally depicted on the map entitled ‘‘Middle wood Proposed Wilderness, Six Rivers Na- spect to the land described in subsection (b): Fork Eel, Smokehouse and Big Butte Units, tional Forest’’ and dated September 17, 2004, (A) The Secretarial Order for the with- Yolla Bolly-Middle Eel Proposed Wilderness which shall be known as the ‘‘Underwood drawal of land for the Shoshone Reclamation Addition’’ and dated October 28, 2004, is in- Wilderness’’. Project dated October 21, 1913, as amended. corporated in and shall considered to be a (10) CACHE CREEK WILDERNESS.—Certain (B) The Secretarial Order for the with- part of the Yolla Bolly-Middle Eel Wilder- land administered by the Bureau of Land drawal of land for the Frannie Townsite Res- ness, as designated by section 3 of the Wil- Management in Lake County, California, ervation dated April 19, 1920. derness Act (16 U.S.C. 1132). comprising approximately 30,870 acres, as (5) MAD RIVER BUTTES WILDERNESS.—Cer- f generally depicted on the map entitled tain land in the Six Rivers National Forest, ‘‘Cache Creek Wilderness Area’’ and dated NORTHERN CALIFORNIA COASTAL comprising approximately 6,494 acres, as gen- WILD HERITAGE WILDERNESS ACT erally depicted on the map entitled ‘‘Mad September 27, 2004, which shall be known as the ‘‘Cache Creek Wilderness’’. The Senate proceeded to consider the River Buttes, Mad River Proposed Wilder- ness’’ and dated September 17, 2004, which (11) CEDAR ROUGHS WILDERNESS.—Certain bill (S. 128) to designate certain public shall be known as the ‘‘Mad River Buttes land administered by the Bureau of Land land in Humboldt, Del Norte, Wilderness’’. Management in Napa County, California, Mendocino, Lake, and Napa Counties in (6) SISKIYOU WILDERNESS ADDITION.— comprising approximately 6,350 acres, as gen- the State of California as wilderness, (A) IN GENERAL.—Certain land in the Six erally depicted on the map entitled ‘‘Cedar to designate certain segments of the Rivers National Forest, comprising approxi- Roughs Wilderness Area’’ and dated Sep- Black Butte River in Mendocino Coun- mately 48,754 acres, as generally depicted on tember 27, 2004, which shall be known as the ty, California as a wild or scenic river, the maps described in subparagraph (B), is ‘‘Cedar Roughs Wilderness’’. and for other purposes. incorporated in and shall be considered to be (12) SOUTH FORK EEL RIVER WILDERNESS.— a part of the Siskiyou Wilderness, as des- Certain land administered by the Bureau of S. 128 ignated by section 101(a)(30) of the California Land Management in Mendocino County, Be it enacted by the Senate and House of Rep- Wilderness Act of 1984 (16 U.S.C. 1132 note; California, comprising approximately 12,915 resentatives of the United States of America in Public Law 98–425). acres, as generally depicted on the map enti- Congress assembled, (B) DESCRIPTION OF MAPS.—The maps re- tled ‘‘South Fork Eel River Wilderness Area SECTION 1. SHORT TITLE. ferred to in subparagraph (A) are— and Elkhorn Ridge Potential Wilderness’’ This Act may be cited as the ‘‘Northern (i) the map entitled ‘‘Bear Basin Butte and dated September 27, 2004, which shall be California Coastal Wild Heritage Wilderness Unit, Siskiyou Proposed Wilderness Addi- known as the ‘‘South Fork Eel River Wilder- Act’’. tions, Six Rivers National Forest’’ and dated ness’’. SEC. 2. DEFINITION OF SECRETARY. October 28, 2004; (13) KING RANGE WILDERNESS.— In this Act, the term ‘‘Secretary’’ means— (ii) the map entitled ‘‘Blue Creek Unit, (A) IN GENERAL.—Certain land adminis- (1) with respect to land under the jurisdic- Siskiyou Proposed Wilderness Addition, Six tered by the Bureau of Land Management in tion of the Secretary of Agriculture, the Sec- Rivers National Forest’’ and dated October Humboldt and Mendocino Counties, Cali- retary of Agriculture; and 28, 2004; fornia, comprising approximately 42,585 (2) with respect to land under the jurisdic- (iii) the map entitled ‘‘Blue Ridge Unit, acres, as generally depicted on the map enti- tion of the Secretary of the Interior, the Sec- Siskiyou Proposed Wilderness Addition, Six tled ‘‘King Range Wilderness’’, and dated No- retary of the Interior. Rivers National Forest’’ and dated Sep- vember 12, 2004, which shall be known as the SEC. 3. DESIGNATION OF WILDERNESS AREAS. tember 17, 2004; ‘‘King Range Wilderness’’. In accordance with the Wilderness Act (16 (iv) the map entitled ‘‘Broken Rib Unit, U.S.C. 1131 et seq.), the following areas in the Siskiyou Proposed Wilderness Addition, Six (B) APPLICABLE LAW.—With respect to the State of California are designated as wilder- Rivers National Forest’’ and dated Sep- wilderness designated by subparagraph (A), ness areas and as components of the Na- tember 17, 2004; and in the case of a conflict between this Act and tional Wilderness Preservation System: (v) the map entitled ‘‘Wooly Bear Unit, Public Law 91–476 (16 U.S.C. 460y et seq.), the (1) SNOW MOUNTAIN WILDERNESS ADDITION.— Siskiyou Proposed Wilderness Addition, Six more restrictive provision shall control. (A) IN GENERAL.—Certain land in the Rivers National Forest’’ and dated Sep- (14) ROCKS AND ISLANDS.— Mendocino National Forest, comprising ap- tember 27, 2004. (A) IN GENERAL.—All Federally-owned proximately 23,312 acres, as generally de- (7) MOUNT LASSIC WILDERNESS.—Certain rocks, islets, and islands (whether named or picted on the maps described in subpara- land in the Six Rivers National Forest, com- unnamed and surveyed or unsurveyed) that graph (B), is incorporated in and shall con- prising approximately 7,279 acres, as gen- are located— sidered to be a part of the ‘‘Snow Mountain erally depicted on the map entitled ‘‘Mt. (i) not more than 3 geographic miles off the Wilderness’’, as designated by section Lassic Proposed Wilderness’’ and dated Sep- coast of the King Range National Conserva- 101(a)(31) of the California Wilderness Act of tember 17, 2004, which shall be known as the tion Area; and 1984 (16 U.S.C. 1132 note; Public Law 98–425). ‘‘Mount Lassic Wilderness’’. (ii) above mean high tide. (B) DESCRIPTION OF MAPS.—The maps re- (8) TRINITY ALPS WILDERNESS ADDITION.— (B) APPLICABLE LAW.—In the case of a conferred to in subparagraph (A) are— (A) IN GENERAL.—Certain land in the Six flict between this Act and Proclamation No. (i) the map entitled ‘‘Skeleton Glade Unit, Rivers National Forest, comprising approxi- 7264 (65 Fed. Reg. 2821), the more restrictive Snow Mountain Proposed Wilderness Addi- mately 28,805 acres, as generally depicted on provision shall control.

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.127 S26JYPT1 S9048 CONGRESSIONAL RECORD — SENATE July 26, 2005 SEC. 4. ADMINISTRATION OF WILDERNESS available for invitees of the private land- seen or heard from areas within a wilderness AREAS. owners. area designated by this Act shall not pre- (a) MANAGEMENT.—Subject to valid exist- (B) LIMITATION.—Nothing in subparagraph clude the conduct of those activities or uses ing rights, each area designated as wilder- (A) requires the Secretary to provide any ac- outside the boundary of the wilderness area. ness by this Act shall be administered by the cess to the landowners or invitees beyond SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. Secretary in accordance with the Wilderness the access that would be available if the wil- (a) FINDING.—Congress finds that, for the Act (16 U.S.C. 1131 et seq.), except that— derness had not been designated. purposes of section 603 of the Federal Land (1) any reference in that Act to the effec- (g) SNOW SENSORS AND STREAM GAUGES.—If Policy and Management Act of 1976 (43 tive date shall be considered to be a ref- the Secretary determines that hydrologic, U.S.C. 1782), any portion of a wilderness erence to the date of enactment of this Act; meteorologic, or climatological instrumen- study area described in subsection (b) that is and tation is appropriate to further the sci- not designated as wilderness by this Act or (2) any reference in that Act to the Sec- entific, educational, and conservation pur- any previous Act has been adequately stud- retary of Agriculture shall be considered to poses of the wilderness areas designated by ied for wilderness. be a reference to the Secretary that has ju- this Act, nothing in this Act prevents the in- (b) DESCRIPTION OF STUDY AREAS.—The risdiction over the wilderness. stallation and maintenance of the instru- study areas referred to in subsection (a) (b) MAP AND DESCRIPTION.— mentation within the wilderness areas. are— (1) IN GENERAL.—As soon as practicable (h) MILITARY ACTIVITIES.—Nothing in this (1) the King Range Wilderness Study Area; after the date of enactment of this Act, the Act precludes low-level overflights of mili- (2) the Chemise Mountain Instant Study Secretary shall file a map and a legal de- tary aircraft, the designation of new units of Area; scription of each wilderness area designated special airspace, or the use or establishment (3) the Red Mountain Wilderness Study by this Act with— of military flight training routes over wil- Area; (A) the Committee on Resources of the derness areas designated by this Act. (4) the Cedar Roughs Wilderness Study House of Representatives; and (i) LIVESTOCK.—Grazing of livestock and Area; and (B) the Committee on Energy and Natural the maintenance of existing facilities related (5) those portions of the Rocky Creek/ Resources of the Senate. to grazing in wilderness areas designated by Cache Creek Wilderness Study Area in Lake (2) FORCE OF LAW.—A map and legal de- this Act, where established before the date of County, California which are not in R. 5 W., scription filed under paragraph (1) shall have enactment of this Act, shall be permitted to T. 12 N., sec. 22, Mount Diablo Meridian. the same force and effect as if included in continue in accordance with— (c) RELEASE.—Any portion of a wilderness this Act, except that the Secretary may cor- (1) section 4(d)(4) of the Wilderness Act (16 study area described in subsection (b) that is rect errors in the map and legal description. U.S.C. 1133(d)(4)); and not designated as wilderness by this Act or (3) PUBLIC AVAILABILITY.—Each map and (2) the guidelines set forth in Appendix A any other Act enacted before the date of en- legal description filed under paragraph (1) of the report of the Committee on Interior actment of this Act shall not be subject to shall be filed and made available for public and Insular Affairs of the House of Rep- section 603(c) of the Federal Land Policy and inspection in the appropriate office of the resentatives accompanying H.R. 2570 of the Management Act of 1976 (43 U.S.C. 1782(c)). Secretary. 101st Congress (H. Rept. 101–405). SEC. 6. ELKHORN RIDGE POTENTIAL WILDER- (c) INCORPORATION OF ACQUIRED LAND AND (j) FISH AND WILDLIFE MANAGEMENT.— NESS AREA. INTERESTS.—Any land within the boundary (1) IN GENERAL.—In furtherance of the pur- (a) DESIGNATION.—In furtherance of the of a wilderness area designated by this Act poses of the Wilderness Act (16 U.S.C. 1131 et purposes of the Wilderness Act (16 U.S.C. 1131 that is acquired by the Federal Government seq.), the Secretary may carry out manage- et seq.), certain public land in the State ad- shall— ment activities to maintain or restore fish ministered by the Bureau of Land Manage- (1) become part of the wilderness area in and wildlife populations and fish and wildlife ment, compromising approximately 9,655 which the land is located; and habitats in wilderness areas designated by acres, as generally depicted on the map enti- (2) be managed in accordance with this this Act if such activities are— tled ‘‘South Fork Eel River Wilderness Area Act, the Wilderness Act (16 U.S.C. 1131 et (A) consistent with applicable wilderness and Elkhorn Ridge Potential Wilderness’’ seq.), and any other applicable law. management plans; and and dated September 27, 2004, is designated (d) WITHDRAWAL.—Subject to valid rights (B) carried out in accordance with applica- as a potential wilderness area. in existence on the date of enactment of this ble guidelines and policies. (b) MANAGEMENT.—Except as provided in Act, the Federal land designated as wilder- (2) STATE JURISDICTION.—Nothing in this subsection (c) and subject to valid existing ness by this Act is withdrawn from all forms Act affects the jurisdiction of the State of rights, the Secretary shall manage the po- of— California with respect to fish and wildlife tential wilderness area as wilderness until (1) entry, appropriation, or disposal under on the public land located in the State. the potential wilderness area is designated the public land laws; (k) USE BY MEMBERS OF INDIAN TRIBES.— as wilderness. (2) location, entry, and patent under the (1) ACCESS.—In recognition of the past use (c) ECOLOGICAL RESTORATION.— mining laws; and of wilderness areas designated by this Act by (1) IN GENERAL.—For purposes of ecological (3) disposition under all laws pertaining to members of Indian tribes for traditional cul- restoration (including the elimination of mineral and geothermal leasing or mineral tural and religious purposes, the Secretary non-native species, removal of illegal, un- materials. shall ensure that Indian tribes have access to used, or decommissioned roads, repair of (e) FIRE, INSECT, AND DISEASE MANAGEMENT the wilderness areas for traditional cultural skid tracks, and any other activities nec- ACTIVITIES.— and religious purposes. essary to restore the natural ecosystems in (1) IN GENERAL.—The Secretary may take (2) TEMPORARY CLOSURES.— the potential wilderness area), the Secretary such measures in the wilderness areas des- (A) IN GENERAL.—In carrying out this sec- may used motorized equipment and mecha- ignated by this Act as are necessary for the tion, the Secretary, on request of an Indian nized transport in the potential wilderness control and prevention of fire, insects, and tribe, may temporarily close to the general area until the potential wilderness area is diseases, in accordance with— public 1 or more specific portions of a wilder- designated as wilderness. (A) section 4(d)(1) of the Wilderness Act (16 ness area to protect the privacy of the mem- (2) LIMITATION.—To the maximum extent U.S.C. 1133(d)(1)); and bers of the Indian tribe in the conduct of the practicable, the Secretary shall use the min- (B) House Report No. 98–40 of the 98th Con- traditional cultural and religious activities imum tool or administrative practice nec- gress. in the wilderness area. essary to accomplish ecological restoration (2) REVIEW.—Not later than 1 year after the (B) REQUIREMENT.—Any closure under sub- with the least amount of adverse impact on date of enactment of this Act, the Secretary paragraph (A) shall be made in such a man- wilderness character and resources. shall review existing policies applicable to ner as to affect the smallest practicable area (d) WILDERNESS DESIGNATION.— the wilderness areas designated by this Act for the minimum period of time necessary (1) IN GENERAL.—The potential wilderness to ensure that authorized approval proce- for the activity to be carried out. area shall be designated as wilderness and as dures for any fire management measures (3) APPLICABLE LAW.—Access to the wilder- a component of the National Wilderness allow a timely and efficient response to fire ness areas under this subsection shall be in Preservation System on the earlier of— emergencies in the wilderness areas. accordance with— (A) the date on which the Secretary pub- (f) ACCESS TO PRIVATE PROPERTY.— (A) Public Law 95–341 (commonly known as lishes in the Federal Register notice that the (1) IN GENERAL.—The Secretary shall pro- the ‘‘American Indian Religious Freedom conditions in the potential wilderness area vide any owner of private property within Act’’) (42 U.S.C. 1996 et seq.); and that are incompatible with the Wilderness the boundary of a wilderness area designated (B) the Wilderness Act (16 U.S.C. 1131 et Act (16 U.S.C. 1131 et seq.) have been re- by this Act adequate access to such property seq.). moved; or to ensure the reasonable use and enjoyment (l) ADJACENT MANAGEMENT.— (B) the date that is 5 years after the date of the property by the owner. (1) IN GENERAL.—Nothing in this Act cre- of enactment of this Act. (2) KING RANGE WILDERNESS.— ates protective perimeters or buffer zones (2) ADMINISTRATION.—On designation as (A) IN GENERAL.—Subject to subparagraph around any wilderness area designated by wilderness under paragraph (1), the potential (B), within the wilderness designated by sec- this Act. wilderness area shall be— tion 3(13), the access route depicted on the (2) NONWILDERNESS ACTIVITIES.—The fact (A) known as the ‘‘Elkhorn Ridge Wilder- map for private landowners shall also be that nonwilderness activities or uses can be ness’’; and

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.127 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9049 (B) administered in accordance with this SECTION 1. TABLE OF CONTENTS. (B) Any unexpended receipts collected Act and the Wilderness Act (16 U.S.C. 1131 et The table of contents of this Act is as fol- through— seq.). lows: (i) the recreational fee demonstration program SEC. 7. WILD AND SCENIC RIVER DESIGNATION. Sec. 1. Table of contents. established under section 315 of the Department (a) DESIGNATION OF BLACK BUTTE RIVER, TITLE I—YOSEMITE NATIONAL PARK of the Interior and Related Agencies Appropria- CALIFORNIA.—Section 3(a) of the Wild and AUTHORIZED PAYMENTS tions Act, 1996 (16 U.S.C. 460l–6a note; Public Scenic Rivers Act (16 U.S.C. 1274(a)) is Sec. 102. Payments for educational services. Law 104–134); or amended by adding at the end the following: Sec. 103. Authorization for park facilities to (ii) the national park passport program estab- ‘‘(167) BLACK BUTTE RIVER, CALIFORNIA.— be located outside the bound- lished under section 602 of the National Parks The following segments of the Black Butte aries of Yosemite National Omnibus Management Act of 1998 (16 U.S.C. River in the State of California, to be admin- Park. 5992). istered by the Secretary of Agriculture: (C) Emergency appropriations for flood recov- TITLE II—RANCHO CORRAL DE TIERRA ery at Yosemite National Park. ‘‘(A) The 16 miles of Black Butte River, GOLDEN GATE NATIONAL RECREATION from the Mendocino County Line to its con- (3)(A) The Secretary may use an author- AREA BOUNDARY ADJUSTMENT ized funding source to make payments under fluence with Jumpoff Creek, as a wild river. Sec. 201. Short title. ‘‘(B) The 3.5 miles of Black Butte River this section only if the funding available to Sec. 202. Golden Gate National Recreation Yosemite National Park from such source from its confluence with Jumpoff Creek to Area, California. its confluence with Middle Eel River, as a (after subtracting any payments to the TITLE I—YOSEMITE NATIONAL PARK scenic river. school districts authorized under this sec- AUTHORIZED PAYMENTS ‘‘(C) The 1.5 miles of Cold Creek from the tion) is greater than or equal to the amount Mendocino County Line to its confluence SEC. 101. PAYMENTS FOR EDUCATIONAL SERV- made available to the park for the prior fis- with Black Butte River, as a wild river.’’. ICES. cal year, or in fiscal year 2005, whichever is (a) IN GENERAL.—(1) For fiscal years 2006 greater. (b) PLAN; REPORT.— through 2009, the Secretary of the Interior (B) It is the sense of Congress that any (1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the may provide funds to the Bass Lake Joint payments made under this section should Secretary of Agriculture shall submit to Union Elementary School District and the not result in a reduction of funds to Yosem- Congress— Mariposa Unified School District in the ite National Park from any specific funding (A) a fire management plan for the Black State of California for educational services source, and that with respect to appropriated Butte River segments designated by the to students— funds, funding levels should reflect annual amendment under subsection (a); and (A) who are dependents of persons engaged increases in the park’s operating base funds (B) a report on the cultural and historic rein the administration, operation, and main- that are generally made to units of the Na- sources within those segments. tenance of Yosemite National Park; or tional Park System. (B) who live within or near the park upon (2) TRANSMITTAL TO COUNTY.—The Sec- SEC. 102. AUTHORIZATION FOR PARK FACILITIES retary of Agriculture shall transmit to the real property owned by the United States. TO BE LOCATED OUTSIDE THE (2) The Secretary’s authority to make pay- BOUNDARIES OF YOSEMITE NA- Board of Supervisors of Mendocino County, ments under this section shall terminate if TIONAL PARK. California, a copy of the plan and report sub- the State of California or local education (a) FUNDING AUTHORITY FOR TRANSPOR- mitted under paragraph (1). agencies do not continue to provide funding TATION SYSTEMS AND EXTERNAL FACILITIES.— SEC. 8. KING RANGE NATIONAL CONSERVATION to the schools referred to in subsection (a) at Section 814(c) of the Omnibus Parks and AREA BOUNDARY ADJUSTMENT. per student levels that are no less than the Public Lands Management Act of 1996 (16 Section 9 of Public Law 91–476 (16 U.S.C. amount provided in fiscal year 2005. U.S.C. 346e) is amended— 460y–8) is amended by adding at the end the (b) LIMITATION ON USE OF FUNDS.—Pay- (1) in the heading by inserting ‘‘AND YO- following: ments made under this section shall only be SEMITE NATIONAL PARK’’ after ‘‘ZION NA- ‘‘(d) In addition to the land described in used to pay public employees for educational TIONAL PARK’’; subsections (a) and (c), the land identified as services provided in accordance with sub- (2) in the first sentence— the King Range National Conservation Area section (a). Payments may not be used for (A) by inserting ‘‘and Yosemite National Additions on the map entitled ‘King Range construction, construction contracts, or Park’’ after ‘‘Zion National Park’’; and Wilderness’ and dated November 12, 2004, is major capital improvements. (B) by inserting ‘‘for transportation sys- included in the Area.’’. (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- tems or’’ after ‘‘appropriated funds’’; and The amendment (No. 1588) was agreed ments made under this section shall not ex- (3) in the second sentence by striking ‘‘fa- to. ceed the lesser of— cilities’’ and inserting ‘‘systems or facili- (The amendment is printed in todays (1) $400,000 in any fiscal year; or ties’’. (2) the amount necessary to provide stu- (b) CLARIFYING AMENDMENT FOR TRANSPOR- RECORD under ‘‘Test of Amendments.’’) dents described in subsection (a) with edu- TATION FEE AUTHORITY.—Section 501 of the The bill (S. 128), as amended, was cational services that are normally provided National Parks Omnibus Management Act of read the third time and passed. and generally available to students who at- 1998 (16 U.S.C. 5981) is amended in the first tend public schools elsewhere in the State of sentence by striking ‘‘service contract’’ and f California. inserting ‘‘service contract, cooperative (d) SOURCE OF PAYMENTS.—(1) Except as agreement, or other contractual arrange- YOSEMITE NATIONAL PARK AND otherwise provided in this subsection, the ment’’. GOLDEN GATE NATIONAL Secretary may use funds available to the Na- TITLE II—RANCHO CORRAL DE TIERRA tional Park Service from appropriations, do- RECREATION AREA GOLDEN GATE NATIONAL RECREATION nations, or fees. AREA BOUNDARY ADJUSTMENT The Senate proceeded to consider the (2) Funds from the following sources shall not be used to make payments under this SEC. 201. SHORT TITLE. bill (S. 136) to authorize the Secretary This title may be cited as the ‘‘Rancho of the Interior to provide supplemental section: ø Corral de Tierra Golden Gate National funding and other services that are (A) Any law authorizing the collection or expenditure of entrance or use fees at units Recreation Area Boundary Adjustment Act’’. necessary to assist certain local school of the National Park System, including the SEC. 202. GOLDEN GATE NATIONAL RECREATION districts in the State of California in Land and Water Conservation Fund Act of AREA, CALIFORNIA. providing educational services for stu- 1965 (16 U.S.C. 460l–4 et seq.); the recreational ø(a)¿ Section 2(a) of Public Law 92–589 (16 dents attending schools located within fee demonstration program established U.S.C. 460bb–1(a)) is amended— Yosemite National Park, to authorize under section 315 of the Department of the (1) by striking ‘‘The recreation area shall the Secretary of the Interior to adjust Interior and Related Agencies Appropria- comprise’’ and inserting the following: tions Act, 1996 (16 U.S.C. 460l–6a note); and ‘‘(1) INITIAL LANDS.—The recreation area the boundaries of the Golden Gate Na- shall comprise’’; and tional Recreation Area, which had been the National Park Passport Program established under section 602 of the National (2) by striking ‘‘The following additional reported from the Committee on En- Parks Omnibus Management Act of 1998 (16 lands are also’’ and all that follows through ergy ND Natural Resources, with U.S.C. 5992). the period at the end of the subsection and amendments, as follows: ø(B) Emergency appropriations for flood inserting the following new paragraphs: [Strike the parts shown in black recovery at Yosemite National Park.¿ ‘‘(2) ADDITIONAL LANDS.—In addition to the brackets and insert the parts shown in (A) Any law authorizing the collection or ex- lands described in paragraph (1), the recre- italic.] penditure of entrance or use fees at units of the ation area shall include the following: National Park System, including— ‘‘(A) The parcels numbered by the Assessor S. 136 (i) the Land and Water Conservation Fund of Marin County, California, 119–040–04, 119– Be it enacted by the Senate and House of Rep- Act of 1965 (16 U.S.C. 460l–4 et seq.); and 040–05, 119–040–18, 166–202–03, 166–010–06, 166– resentatives of the United States of America in (ii) the Federal Lands Recreation Enhance- 010–07, 166–010–24, 166–010–25, 119–240–19, 166– Congress assembled, ment Act (16 U.S.C. 6801 et seq.). 010–10, 166–010–22, 119–240–03, 119–240–51, 119–

VerDate Aug 04 2004 05:53 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.127 S26JYPT1 S9050 CONGRESSIONAL RECORD — SENATE July 26, 2005 240–52, 119–240–54, 166–010–12, 166–010–13, and (1) $400,000 in any fiscal year; or SEC. 202. GOLDEN GATE NATIONAL RECREATION 119–235–10. (2) the amount necessary to provide stu- AREA, CALIFORNIA. ‘‘(B) Lands and waters in San Mateo Coun- dents described in subsection (a) with edu- Section 2(a) of Public Law 92–589 (16 U.S.C. ty generally depicted on the map entitled cational services that are normally provided 460bb–1(a)) is amended— ‘Sweeney Ridge Addition, Golden Gate Na- and generally available to students who at- (1) by striking ‘‘The recreation area shall tional Recreation Area’, numbered NRA GG– tend public schools elsewhere in the State of comprise’’ and inserting the following: 80,000–A, and dated May 1980. California. ‘‘(1) INITIAL LANDS.—The recreation area ‘‘(C) Lands acquired under the Golden Gate (d) SOURCE OF PAYMENTS.—(1) Except as shall comprise’’; and National Recreation Area Addition Act of otherwise provided in this subsection, the (2) by striking ‘‘The following additional 1992 (16 U.S.C. 460bb–1 note; Public Law 102– Secretary may use funds available to the Na- lands are also’’ and all that follows through 299). tional Park Service from appropriations, do- the period at the end of the subsection and ‘‘(D) Lands generally depicted on the map nations, or fees. inserting the following new paragraphs: entitled ‘Additions to Golden Gate National (2) Funds from the following sources shall ‘‘(2) ADDITIONAL LANDS.—In addition to the Recreation Area’, numbered NPS–80–076, and not be used to make payments under this lands described in paragraph (1), the recre- dated July 2000/PWR–PLRPC. section: ation area shall include the following: (A) Any law authorizing the collection or ‘‘(E) Lands generally depicted on the map ‘‘(A) The parcels numbered by the Assessor expenditure of entrance or use fees at units entitled ‘Rancho Corral de Tierra Additions of Marin County, California, 119–040–04, 119– of the National Park System, including— to the Golden Gate National Recreation 040–05, 119–040–18, 166–202–03, 166–010–06, 166– (i) the Land and Water Conservation Fund Area’, numbered NPS–80,079E, and dated 010–07, 166–010–24, 166–010–25, 119–240–19, 166– Act of 1965 (16 U.S.C. 460l–4 et seq.); and March 2004. 010–10, 166–010–22, 119–240–03, 119–240–51, 119– (ii) the Federal Lands Recreation Enhance- ‘‘(3) ACQUISITION LIMITATION.—The Sec- 240–52, 119–240–54, 166–010–12, 166–010–13, and ment Act (16 U.S.C. 6801 et seq.). retary may acquire land described in para- 119–235–10. (B) Any unexpended receipts collected graph (2)(E) only from a willing seller.’’. ‘‘(B) Lands and waters in San Mateo Coun- through— The committee amendments were ty generally depicted on the map entitled (i) the recreational fee demonstration pro- ‘Sweeney Ridge Addition, Golden Gate Na- agreed to. gram established under section 315 of the De- tional Recreation Area’, numbered NRA GG– The amendment (No. 1589), in the na- partment of the Interior and Related Agen- 80,000–A, and dated May 1980. ture of a substitute was agreed to, as cies Appropriations Act, 1996 (16 U.S.C. 460l– ‘‘(C) Lands acquired under the Golden Gate follows: 6a note; Public Law 104–134); or National Recreation Area Addition Act of (Purpose: In the nature of a substitute) (ii) the national park passport program es- 1992 (16 U.S.C. 460bb–1 note; Public Law 102– tablished under section 602 of the National Strike all after the enacting clause and in- 299). Parks Omnibus Management Act of 1998 (16 ‘‘(D) Lands generally depicted on the map sert the following: U.S.C. 5992). SECTION 1. TABLE OF CONTENTS. entitled ‘Additions to Golden Gate National (C) Emergency appropriations for flood re- Recreation Area’, numbered NPS–80–076, and The table of contents of this Act is as fol- covery at Yosemite National Park. dated July 2000/PWR–PLRPC. lows: (3)(A) The Secretary may use an author- Sec. 1. Table of contents. ized funding source to make payments under ‘‘(E) Lands generally depicted on the map TITLE I—YOSEMITE NATIONAL PARK this section only if the funding available to entitled ‘Rancho Corral de Tierra Additions AUTHORIZED PAYMENTS Yosemite National Park from such source to the Golden Gate National Recreation Sec. 101. Payments for educational services. (after subtracting any payments to the Area’, numbered NPS–80,079E, and dated Sec. 102. Authorization for park facilities to school districts authorized under this sec- March 2004. be located outside the bound- tion) is greater than or equal to the amount ‘‘(3) ACQUISITION LIMITATION.—The Sec- aries of Yosemite National made available to the park for the prior fis- retary may acquire land described in para- Park. cal year, or in fiscal year 2005, whichever is graph (2)(E) only from a willing seller.’’. TITLE II—RANCHO CORRAL DE TIERRA greater. TITLE III—REDWOOD NATIONAL PARK GOLDEN GATE NATIONAL RECREATION (B) It is the sense of Congress that any BOUNDARY ADJUSTMENT AREA BOUNDARY ADJUSTMENT payments made under this section should SEC. 301. SHORT TITLE. not result in a reduction of funds to Yosem- Sec. 201. Short title. This title may be cited as the ‘‘Redwood Sec. 202. Golden Gate National Recreation ite National Park from any specific funding National Park Boundary Adjustment Act of source, and that with respect to appropriated Area, California. 2005’’. funds, funding levels should reflect annual SEC. 302. REDWOOD NATIONAL PARK BOUNDARY TITLE III—REDWOOD NATIONAL PARK increases in the park’s operating base funds BOUNDARY ADJUSTMENT. ADJUSTMENT. that are generally made to units of the Na- Section 2(a) of the Act of Public Law 90–545 Sec. 301. Short title. tional Park System. (16 U.S.C. 79b(a)) is amended— Sec. 302. Redwood National Park boundary SEC. 102. AUTHORIZATION FOR PARK FACILITIES (1) in the first sentence, by striking ‘‘(a) adjustment. TO BE LOCATED OUTSIDE THE The area’’ and all that follows through the TITLE I—YOSEMITE NATIONAL PARK BOUNDARIES OF YOSEMITE NA- TIONAL PARK. period at the end and inserting the following: AUTHORIZED PAYMENTS ‘‘(a)(1) The Redwood National Park consists (a) FUNDING AUTHORITY FOR TRANSPOR- SEC. 101. PAYMENTS FOR EDUCATIONAL SERV- TATION SYSTEMS AND EXTERNAL FACILITIES.— of the land generally depicted on the map en- ICES. titled ‘Redwood National Park, Revised (a) IN GENERAL.—(1) For fiscal years 2006 Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 (16 Boundary’, numbered 167/60502, and dated through 2009, the Secretary of the Interior February, 2003.’’; may provide funds to the Bass Lake Joint U.S.C. 346e) is amended— (1) in the heading by inserting ‘‘AND YO- (2) by inserting after paragraph (1) (as des- Union Elementary School District and the ignated by paragraph (1)) the following: Mariposa Unified School District in the SEMITE NATIONAL PARK’’ after ‘‘ZION NA- TIONAL PARK’’; ‘‘(2) The map referred to in paragraph (1) State of California for educational services shall be— to students— (2) in the first sentence— (A) by inserting ‘‘and Yosemite National ‘‘(A) on file and available for public inspec- (A) who are dependents of persons engaged tion in the appropriate offices of the Na- in the administration, operation, and main- Park’’ after ‘‘Zion National Park’’; and (B) by inserting ‘‘for transportation sys- tional Park Service; and tenance of Yosemite National Park; or ‘‘(B) provided by the Secretary of the Inte- (B) who live within or near the park upon tems or’’ after ‘‘appropriated funds’’; and (3) in the second sentence by striking ‘‘fa- rior to the appropriate officers of Del Norte real property owned by the United States. and Humboldt Counties, California.’’; and (2) The Secretary’s authority to make pay- cilities’’ and inserting ‘‘systems or facilities’’. (3) in the second sentence— ments under this section shall terminate if (A) by striking ‘‘The Secretary’’ and in- the State of California or local education (b) CLARIFYING AMENDMENT FOR TRANSPOR- TATION FEE AUTHORITY.—Section 501 of the serting the following: agencies do not continue to provide funding ‘‘(3) The Secretary;’’and to the schools referred to in subsection (a) at National Parks Omnibus Management Act of 1998 (16 U.S.C. 5981) is amended in the first (B) by striking ‘‘one hundred and six thou- per student levels that are no less than the sand acres’’ and inserting ‘‘133,000 acres’’. amount provided in fiscal year 2005. sentence by striking ‘‘service contract’’ and (b) LIMITATION ON USE OF FUNDS.—Pay- inserting ‘‘service contract, cooperative The amendment (No. 1590) was agreed ments made under this section shall only be agreement, or other contractual arrange- to, as follows: used to pay public employees for educational ment’’. Amend the title so as to read: ‘‘To author- services provided in accordance with sub- TITLE II—RANCHO CORRAL DE TIERRA ize the Secretary of the Interior to provide section (a). Payments may not be used for GOLDEN GATE NATIONAL RECREATION supplemental funding and other services that construction, construction contracts, or AREA BOUNDARY ADJUSTMENT are necessary to assist certain local school major capital improvements. SEC. 201. SHORT TITLE. districts in the State of California in pro- (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- This title may be cited as the ‘‘Rancho viding educational services for students at- ments made under this section shall not ex- Corral de Tierra Golden Gate National tending schools located within Yosemite Na- ceed the lesser of— Recreation Area Boundary Adjustment Act’’. tional Park, to authorize the Secretary of

VerDate Aug 04 2004 05:59 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.126 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9051 the Interior to adjust the boundaries of the (i) the Land and Water Conservation Fund 040–05, 119–040–18, 166–202–03, 166–010–06, 166– Golden Gate National Recreation Area, to Act of 1965 (16 U.S.C. 460l–4 et seq.); and 010–07, 166–010–24, 166–010–25, 119–240–19, 166– adjust the boundaries of Redwood National (ii) the Federal Lands Recreation Enhance- 010–10, 166–010–22, 119–240–03, 119–240–51, 119– Park, and for other purposes.’’. ment Act (16 U.S.C. 6801 et seq.). 240–52, 119–240–54, 166–010–12, 166–010–13, and The bill (S. 136), as amended, was (B) Any unexpended receipts collected 119–235–10. read the third time and passed, as fol- through— ‘‘(B) Lands and waters in San Mateo Coun- (i) the recreational fee demonstration pro- ty generally depicted on the map entitled lows: gram established under section 315 of the De- ‘Sweeney Ridge Addition, Golden Gate Na- S. 136 partment of the Interior and Related Agen- tional Recreation Area’, numbered NRA GG– Be it enacted by the Senate and House of Rep- cies Appropriations Act, 1996 (16 U.S.C. 460l– 80,000–A, and dated May 1980. resentatives of the United States of America in 6a note; Public Law 104–134); or ‘‘(C) Lands acquired under the Golden Gate Congress assembled, (ii) the national park passport program es- National Recreation Area Addition Act of SECTION 1. TABLE OF CONTENTS. tablished under section 602 of the National 1992 (16 U.S.C. 460bb–1 note; Public Law 102– The table of contents of this Act is as fol- Parks Omnibus Management Act of 1998 (16 299). lows: U.S.C. 5992). ‘‘(D) Lands generally depicted on the map Sec. 1. Table of contents. (C) Emergency appropriations for flood re- entitled ‘Additions to Golden Gate National covery at Yosemite National Park. Recreation Area’, numbered NPS–80–076, and TITLE I—YOSEMITE NATIONAL PARK (3)(A) The Secretary may use an author- dated July 2000/PWR–PLRPC. AUTHORIZED PAYMENTS ized funding source to make payments under ‘‘(E) Lands generally depicted on the map Sec. 102. Payments for educational services. this section only if the funding available to entitled ‘Rancho Corral de Tierra Additions Sec. 103. Authorization for park facilities to Yosemite National Park from such source to the Golden Gate National Recreation be located outside the bound- (after subtracting any payments to the Area’, numbered NPS–80,079E, and dated aries of Yosemite National school districts authorized under this sec- March 2004. Park. tion) is greater than or equal to the amount ‘‘(3) ACQUISITION LIMITATION.—The Sec- TITLE II—RANCHO CORRAL DE TIERRA made available to the park for the prior fis- retary may acquire land described in para- GOLDEN GATE NATIONAL RECREATION cal year, or in fiscal year 2005, whichever is graph (2)(E) only from a willing seller.’’. AREA BOUNDARY ADJUSTMENT greater. (B) It is the sense of Congress that any TITLE III—REDWOOD NATIONAL PARK Sec. 201. Short title. payments made under this section should BOUNDARY ADJUSTMENT Sec. 202. Golden Gate National Recreation not result in a reduction of funds to Yosem- SEC. 301. SHORT TITLE. Area, California. ite National Park from any specific funding This title may be cited as the ‘‘Redwood TITLE III—REDWOOD NATIONAL PARK source, and that with respect to appropriated National Park Boundary Adjustment Act of BOUNDARY ADJUSTMENT funds, funding levels should reflect annual 2005’’. Sec. 301. Short title. increases in the park’s operating base funds SEC. 302. REDWOOD NATIONAL PARK BOUNDARY Sec. 302. Redwood National Park boundary that are generally made to units of the Na- ADJUSTMENT. adjustment. tional Park System. Section 2(a) of the Act of Public Law 90–545 (16 U.S.C. 79b(a)) is amended— TITLE I—YOSEMITE NATIONAL PARK SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE (1) in the first sentence, by striking ‘‘(a) AUTHORIZED PAYMENTS BOUNDARIES OF YOSEMITE NA- The area’’ and all that follows through the SEC. 101. PAYMENTS FOR EDUCATIONAL SERV- TIONAL PARK. period at the end and inserting the following: ICES. (a) FUNDING AUTHORITY FOR TRANSPOR- ‘‘(a)(1) The Redwood National Park consists (a) IN GENERAL.—(1) For fiscal years 2006 TATION SYSTEMS AND EXTERNAL FACILITIES.— of the land generally depicted on the map en- through 2009, the Secretary of the Interior Section 814(c) of the Omnibus Parks and titled ‘Redwood National Park, Revised may provide funds to the Bass Lake Joint Public Lands Management Act of 1996 (16 Boundary’, numbered 167/60502, and dated Union Elementary School District and the U.S.C. 346e) is amended— February, 2003.’’; Mariposa Unified School District in the (1) in the heading by inserting ‘‘AND YO- (2) by inserting after paragraph (1) (as des- State of California for educational services SEMITE NATIONAL PARK’’ after ‘‘ZION NA- ignated by paragraph (1)) the following: to students— TIONAL PARK’’; ‘‘(2) The map referred to in paragraph (1) (A) who are dependents of persons engaged (2) in the first sentence— shall be— in the administration, operation, and main- (A) by inserting ‘‘and Yosemite National ‘‘(A) on file and available for public inspec- tenance of Yosemite National Park; or Park’’ after ‘‘Zion National Park’’; and tion in the appropriate offices of the Na- (B) who live within or near the park upon (B) by inserting ‘‘for transportation sys- tional Park Service; and real property owned by the United States. tems or’’ after ‘‘appropriated funds’’; and ‘‘(B) provided by the Secretary of the Inte- (2) The Secretary’s authority to make pay- (3) in the second sentence by striking ‘‘fa- rior to the appropriate officers of Del Norte ments under this section shall terminate if cilities’’ and inserting ‘‘systems or facili- and Humboldt Counties, California.’’; and the State of California or local education ties’’. (3) in the second sentence— (b) CLARIFYING AMENDMENT FOR TRANSPOR- agencies do not continue to provide funding (A) by striking ‘‘The Secretary’’ and in- TATION FEE AUTHORITY.—Section 501 of the to the schools referred to in subsection (a) at serting the following: National Parks Omnibus Management Act of per student levels that are no less than the ‘‘(3) The Secretary;’’and 1998 (16 U.S.C. 5981) is amended in the first amount provided in fiscal year 2005. (B) by striking ‘‘one hundred and six thou- sentence by striking ‘‘service contract’’ and (b) LIMITATION ON USE OF FUNDS.—Pay- sand acres’’ and inserting ‘‘133,000 acres’’. ments made under this section shall only be inserting ‘‘service contract, cooperative used to pay public employees for educational agreement, or other contractual arrange- f services provided in accordance with sub- ment’’. WATER STORAGE FOR CHEYENNE, section (a). Payments may not be used for TITLE II—RANCHO CORRAL DE TIERRA WYOMING construction, construction contracts, or GOLDEN GATE NATIONAL RECREATION major capital improvements. AREA BOUNDARY ADJUSTMENT The bill (H.R. 1046) to authorize the (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- SEC. 201. SHORT TITLE. Secretary of the Interior to contract ments made under this section shall not ex- This title may be cited as the ‘‘Rancho with the city of Cheyenne, Wyoming, ceed the lesser of— Corral de Tierra Golden Gate National for the storage of the city’s water in (1) $400,000 in any fiscal year; or Recreation Area Boundary Adjustment Act’’. the Kendrick Project, Wyoming, was (2) the amount necessary to provide stu- SEC. 202. GOLDEN GATE NATIONAL RECREATION read the third time and passed. dents described in subsection (a) with edu- AREA, CALIFORNIA. cational services that are normally provided Section 2(a) of Public Law 92–589 (16 U.S.C. H.R. 1046 and generally available to students who at- 460bb–1(a)) is amended— Be it enacted by the Senate and House of Rep- tend public schools elsewhere in the State of (1) by striking ‘‘The recreation area shall resentatives of the United States of America in California. comprise’’ and inserting the following: Congress assembled, (d) SOURCE OF PAYMENTS.—(1) Except as ‘‘(1) INITIAL LANDS.—The recreation area SECTION 1. WATER STORAGE CONTRACTS. otherwise provided in this subsection, the shall comprise’’; and (a) DEFINITIONS.—In this Act: Secretary may use funds available to the Na- (2) by striking ‘‘The following additional (1) CITY.—The term ‘‘city’’ means— tional Park Service from appropriations, do- lands are also’’ and all that follows through (A) the city of Cheyenne, Wyoming; nations, or fees. the period at the end of the subsection and (B) the Board of Public Utilities of the (2) Funds from the following sources shall inserting the following new paragraphs: city; and not be used to make payments under this ‘‘(2) ADDITIONAL LANDS.—In addition to the (C) any agency, public utility, or enter- section: lands described in paragraph (1), the recre- prise of the city. (A) Any law authorizing the collection or ation area shall include the following: (2) KENDRICK PROJECT.—The term expenditure of entrance or use fees at units ‘‘(A) The parcels numbered by the Assessor ‘‘Kendrick Project’’ means the Bureau of of the National Park System, including— of Marin County, California, 119–040–04, 119– Reclamation project on the North Platte

VerDate Aug 04 2004 06:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.128 S26JYPT1 S9052 CONGRESSIONAL RECORD — SENATE July 26, 2005 River that was authorized by a finding of sociated with the exchange of lands lo- Again, I want to thank all of the par- feasibility approved by the President on Au- cated within the Verde River Basin wa- ties involved with this legislation. gust 30, 1935, and constructed for irrigation tershed by limiting water usage on cer- and electric power generation, the major fea- tain exchanged lands and by supporting f tures of which include— the development of a collaborative (A) Seminoe Dam, Reservoir, and Power- DESIGNATING A PORTION OF THE science-based water resource planning plant; and WHITE SALMON RIVER AS A and management entity for the Verde (B) Alcova Dam and Powerplant. COMPONENT OF THE NATIONAL (3) SECRETARY.—The term ‘‘Secretary’’ River Basin watershed. WILD AND SCENIC RIVERS SYS- means the Secretary of the Interior, acting The Arizona delegation and a broad TEM through the Commissioner of Reclamation. array of local area officials are strong- (4) STATE.—The term ‘‘State’’ means the ly supportive of the legislation because State of Wyoming. it will offer significant benefits for all (b) CONTRACTS.— parties. Benefits will accrue to the U.S. FURTHERING THE PURPOSES OF (1) IN GENERAL.—The Secretary may enter THE SAND CREEK MASSACRE into 1 or more contracts with the city for an- Forest Service and the public with the nual storage of the city’s water for munic- consolidation of checkerboard lands NATIONAL HISTORIC SITE ES- ipal and industrial use in Seminoe Dam and and the protection and enhanced man- TABLISHMENT ACT OF 2000 Reservoir of the Kendrick Project. agement of extensive forest and grass- (2) CONDITIONS.— lands. The communities of Flagstaff, (A) TERM; RENEWAL.—A contract under Williams, and Camp Verde also will DIRECTING THE SECRETARY OF paragraph (1) shall— (i) have a term of not more than 40 years; benefit in terms of economic develop- AGRICULTURE TO CONVEY CER- and ment opportunities, water supply, and TAIN LAND TO LANDER COUNTY, (ii) may be renewed on terms agreeable to other important purposes. NEVADA, AND THE SECRETARY the Secretary and the city, for successive While facilitating the exchange of OF THE INTERIOR TO CONVEY terms of not more than 40 years per term. public and private lands is a very im- CERTAIN LAND TO EUREKA (B) REVENUES.—Notwithstanding the Act portant objective of this legislation, COUNTY, NEVADA, FOR CONTIN- of May 9, 1938 (52 Stat. 322, chapter 187; 43 and indeed, was the original purpose UED USE AS CEMETERIES U.S.C. 392a)— (i) any operation and maintenance charges when we began working on it several Ms. COLLINS. I ask consent that the received under a contract executed under years ago, the provisions concerning committee be discharged from further paragraph (1) shall be credited against appli- water management are perhaps even consideration of H.R. 38, H.R. 481, and cable operation and maintenance costs of the more important. Since introducing the H.R. 541, and the Senate proceed to the Kendrick Project; and original legislation over 2 years ago, I measures en bloc, provided that the (ii) any other revenues received under a have heard from hundreds of Arizonans contract executed under paragraph (1) shall bills be read a third time and passed en and learned first-hand of the signifi- bloc, and any statements related to the be credited to the Reclamation Fund as a cant water issues raised by the transfer credit to the construction costs of the bills be printed in the RECORD. Kendrick Project. of Federal land into private ownership. The PRESIDING OFFICER. Without (C) EFFECT ON EXISTING CONTRACTORS.—A We have modified the bill to take into objection, it is so ordered. account many of the concerns raised contract under paragraph (1) shall not ad- The bills (H.R. 38), (H.R. 481) and versely affect the Kendrick Project, any ex- during meetings held throughout (H.R. 541) were read the third time and isting Kendrick Project contractor, or any northern Arizona, including removing passed en bloc. existing Reclamation contractor on the certain lands entirely from the ex- North Platte River System. change. f Mr. MCCAIN. Mr. President, I am There is growing recognition of the pleased that the Senate passed S. 161, need to develop and promote the wise MEASURES INDEFINITELY POST- the Northern Arizona Land Exchange management of Arizona’s limited water PONED—CALENDAR NOS. 19, 23, and Verde River Basin Partnership Act supplies, particularly with the ex- 31, 40 of 2005. It is my hope that this bill will tended drought coupled with rapid pop- be considered quickly by the House of Ms. COLLINS. Finally, I ask unani- ulation growth. As such, the bill passed Representatives and sent to the Presi- mous consent that calendar Nos. 19, 23, by the Senate would not only limit dent for his signature in the near fu- 31, and 40 be indefinitely postponed. water usage on the exchanged lands, ture. The PRESIDING OFFICER. Without but also provide an opportunity to en- I want to thank Senator KYL and his objection, it is so ordered. staff for their work in helping to de- courage sound water management in velop this compromise legislation. I northern Arizona through the creation f of a collaborative, science-based deci- also want to thank Senators DOMENICI ESTABLISHING THE TREATMENT and BINGAMAN, and their staffs on the sion-making body to advance essential planning and management at the State OF ACTUAL RENTAL PROCEEDS Senate Energy and Natural Resources FROM LEASES OF LAND AC- Committee, for their efforts in reach- and local level in Northern Arizona. To be successful, this effort will re- QUIRED UNDER AN ACT PRO- ing an agreement on this legislation VIDING FOR LOANS TO INDIAN during the last Congress and helping to quire the involvement of all the stakeholders with water supply responsibil- TRIBES AND TRIBAL CORPORA- move it through the legislative proc- TIONS ess. In addition, I want to recognize the ities and interests. It will also require work of Congressmen RENZI and a solid foundation of knowledge about HAYWORTH who have championed this available resources and existing de- legislation in the House of Representa- mands. We are fortunate to have an ex- AMENDING THE INDIAN LAND tives. isting model of collaborative science- CONSOLIDATION ACT TO PRO- Late last year, after several years of based water resource planning and VIDE FOR PROBATE REFORM negotiation and compromise, the Sen- management with the Upper San Pedro ate passed by unanimous consent a Partnership in the Sierra Vista sub- nearly identical measure. This bill pro- watershed of Arizona. In my view, the AMENDING THE ACT OF AUGUST 9, vides a sound framework for a fair and establishment of a similar, cooperative 1955, TO PROVIDE FOR BINDING equal value exchange of 50,000 acres of body in the Verde Basin will be a vital ARBITRATION FOR GILA RIVER private and public land in Northern Ar- step in assuring the wise use of our INDIAN COMMUNITY RESERVA- izona. It also addresses water issues as- limited water resources. TION CONTRACTS

VerDate Aug 04 2004 06:01 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.129 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9053 AMENDING THE CARL D. PERKINS ‘‘(2) REQUIRED CONSENT.— plication of a Federal law described in para- VOCATIONAL AND TECHNICAL ‘‘(A) IN GENERAL.—The Indian tribe may graph (2), nothing in this subsection limits EDUCATION ACT OF 1998 TO MOD- purchase all interests in a tract described in the application of this Act to trust or re- IFY THE DEFINITION OF ‘‘INDIAN paragraph (1) with the consent of the owners stricted land, interests in such land, or any of undivided interests equal to at least 50 other trust or restricted interests or as- STUDENT COUNT’’ percent of the undivided interest in the sets.’’; tract. (3) in subsection (h) (as redesignated by ‘‘(B) INTEREST OWNED BY TRIBE.—Interests paragraph (1))— AMENDING THE FALLON PAIUTE owned by an Indian tribe in a tract may be (A) in paragraph (6), by striking ‘‘(25 U.S.C. SHOSHONE INDIAN TRIBES included in the computation of the percent- 2205)’’; and WATER RIGHTS SETTLEMENT age of ownership of the undivided interests (B) in paragraph (7), by inserting ‘‘in trust in that tract for purposes of determining ACT OF 1990 or restricted status’’ after ‘‘testator’’; whether the consent requirement under sub- (4) in subsection (j) (as redesignated by paragraph (A) has been met.’’; paragraph (1))— (2) by redesignating subsection (d) as sub- (A) in paragraph (2)(A)— AMENDING THE ACT OF AUGUST 9, section (c); and (i) in clause (ii)(I), by striking ‘‘the date of 1955, TO EXTEND THE AUTHOR- (3) in subsection (c) (as redesignated by enactment of this subparagraph’’ and insert- IZATION OF CERTAIN LEASES paragraph (2))— ing ‘‘the date that is 1 year after the date on (A) in paragraph (2)— which the Secretary publishes a notice of Ms. COLLINS. I ask unanimous con- (i) in subparagraph (G)(ii)(I), by striking ‘‘a certification under section 8(a)(4) of the sent the Senate proceed to en bloc con- higher valuation of the land’’ and inserting American Indian Probate Reform Act of 2004 sideration of the following bills intro- ‘‘a value of the land that is equal to or great- (25 U.S.C. 2201 note; Public Law 108–374)’’; duced earlier today: S. 1480, S. 1481, S. er than that of the earlier appraisal’’; and and (ii) in subparagraph (I)(iii)— 1482, S. 1483, S. 1484, and S. 1485. (ii) in clause (iii), by striking ‘‘the provi- (I) in subclause (III), by inserting ‘‘(if sions of section 207(a)(2)(A)’’ and inserting There being no objection, the Senate any)’’ after ‘‘this section’’; and ‘‘subsection (a)(2)(A)’’; proceeded to consider the bills. (II) in subclause (IV)— (B) in paragraph (8)(D), by striking ‘‘the Ms. COLLINS. I further ask unani- (aa) in item (aa), by striking ‘‘less’’ and in- provisions of section 207(a)(2)(D) (25 U.S.C. mous consent the bills be read a third serting ‘‘more’’; and 2206(a)(2)(D))’’ and inserting ‘‘subsection (bb) in item (bb), by striking ‘‘to imple- (a)(2)(D)’’; and time and passed, the motions to recon- ment this section’’ and inserting ‘‘under sider be laid upon the table, all en bloc. (C) in paragraph (9)(C)— paragraph (5)’’; and (i) by striking ‘‘section 207(e) (25 U.S.C. The PRESIDING OFFICER. Without (B) in paragraph (5), in the second sen- 2206(e))’’ and inserting ‘‘subsection (e)’’; and objection, it is so ordered. tence, by striking ‘‘shall’’ and inserting (ii) by striking ‘‘section 207(p) (25 U.S.C. The bills considered and agreed to en ‘‘may’’. 2206(p))’’ and inserting ‘‘subsection (o)’’; and bloc are as follows: SEC. 3. TRIBAL PROBATE CODES. (5) in subsection (o) (as redesignated by Section 206 of the Indian Land Consolida- S. 1480 paragraph (1))— tion Act (25 U.S.C. 2205) is amended— (A) in paragraph (2)— Be it enacted by the Senate and House of Rep- (1) in subsection (b)(3), by striking sub- (i) in the matter preceding subparagraph resentatives of the United States of America in paragraph (A) and inserting the following: (A), by striking ‘‘section 207(a)(2)(A) or (D)’’ Congress assembled, ‘‘(A) the date that is 1 year after the date and inserting ‘‘subparagraph (A) or (D) of SECTION 1. CERTIFICATION OF RENTAL PRO- on which the Secretary makes the certifi- subsection (a)(2)’’; and CEEDS. cation required under section 8(a)(4) of the (ii) in subparagraph (A), by striking ‘‘sec- Notwithstanding any other provision of American Indian Probate Reform Act of 2004 tion 207(b)(1)(A)’’ and inserting ‘‘subsection law, any actual rental proceeds from the (25 U.S.C. 2201 note; Public Law 108–374); or’’; (b)(1)(A)’’; lease of land acquired under the first section and (B) in paragraph (3)(B), by striking ‘‘sec- of the Act entitled ‘‘An Act to provide for (2) in subsection (c)— tion 207(a)(2)(A) or (D)’’ and inserting ‘‘sub- loans to Indian tribes and tribal corpora- (A) in paragraph (1)(A), by striking ‘‘sec- paragraph (A) or (D) of subsection (a)(2)’’; tion’’ and all that follows through ‘‘the In- tions, and for other purposes’’ (25 U.S.C. 488) and dian tribe’’ and inserting ‘‘section certified by the Secretary of the Interior (C) in paragraph (6)— 207(b)(2)(A)(ii), the Indian tribe’’; and shall be deemed— (i) in the first sentence, by striking ‘‘Pro- (B) in paragraph (2)(A)(i)(II)(bb), by insert- (1) to constitute the rental value of that ceeds’’ and inserting the following: ing ‘‘in writing’’ after ‘‘agrees’’. land; and ‘‘(A) IN GENERAL.—Proceeds’’; and (2) to satisfy the requirement for appraisal SEC. 4. DESCENT AND DISTRIBUTION. (ii) by striking the second sentence and in- of that land. (a) IN GENERAL.—Section 207 of the Indian serting the following: Land Consolidation Act (25 U.S.C. 2206) is ‘‘(B) HOLDING IN TRUST.—Proceeds de- S. 1481 amended— scribed in subparagraph (A) shall be depos- Be it enacted by the Senate and House of Rep- (1) by redesignating subsections (h) ited and held in an account as trust person- resentatives of the United States of America in through (p) as subsections (g) through (o), re- alty if the interest sold would otherwise pass Congress assembled, spectively; to— SECTION 1. SHORT TITLE. (2) in subsection (g) (as redesignated by ‘‘(i) the heir, by intestate succession under paragraph (1))— This Act may be cited as the ‘‘Indian Land subsection (a); or (A) in paragraph (2)— Probate Reform Technical Corrections Act ‘‘(ii) the devisee in trust or restricted sta- (i) by inserting ‘‘specifically’’ after ‘‘per- tus under subsection (b)(1).’’. of 2005’’. tains’’; and SEC. 2. PARTITION OF HIGHLY FRACTIONATED (ii) by striking subparagraph (B) and in- (b) NONTESTAMENTARY DISPOSITION.—Sec- INDIAN LAND. serting the following: tion 207(a)(2)(D)(iv)(I)(aa) of the Indian Land Section 205 of the Indian Land Consolida- ‘‘(B) the allotted land (or any interest re- Consolidation Act (25 U.S.C. tion Act (25 U.S.C. 2204) is amended— lating to such land) of 1 or more specific In- 2206(a)(2)(D)(iv)(I)(aa)) is amended— (1) by striking subsection (a) and inserting dian tribes expressly identified in Federal (1) by striking ‘‘clause (iii)’’ and inserting the following: law, including any of the Federal laws gov- ‘‘this subparagraph’’; and ‘‘(a) PURCHASE OF LAND.— erning the probate or determination of heirs (2) in subitem (BB), by striking ‘‘any co- ‘‘(1) IN GENERAL.—Subject to subsection associated with, or otherwise relating to, the owner’’ and inserting ‘‘not more than 1 co- (b), any Indian tribe may purchase, at not land, interest in land, or other interests or owner’’. less than fair market value and with the con- assets that are owned by individuals in— (c) JOINT TENANCY; RIGHT OF SURVIVOR- sent of the owners of the interests, part or ‘‘(i) Five Civilized Tribes restricted fee sta- SHIP.—Section 207(c) of the Indian Land Con- all of the interests in— tus; or solidation Act (25 U.S.C. 2206(c)) is amended ‘‘(A) any tract of trust or restricted land ‘‘(ii) Osage Tribe restricted fee status.’’; by striking the subsection heading and in- within the boundaries of the reservation of and serting the following: the tribe; or (B) by adding at the end the following: ‘‘(B) land that is otherwise subject to the ‘‘(3) EFFECT OF SUBSECTION.—Except to the ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVOR- jurisdiction of the tribe. extent that this Act otherwise affects the ap- SHIP.—’’.

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(d) ESTATE PLANNING ASSISTANCE.—Section S. 1482 ‘‘(III) CREDITS TOWARD SECONDARY SCHOOL 207(f)(3) of the Indian Land Consolidation Act Be it enacted by the Senate and House of Rep- DEGREE.—No credit earned by an Indian stu- (25 U.S.C. 2206(f)(3)) is amended in the matter resentatives of the United States of America in dent for the purpose of obtaining a secondary preceding subparagraph (A) by inserting ‘‘, Congress assembled, school degree (or the recognized equivalent including noncompetitive grants,’’ after SECTION 1. BINDING ARBITRATION FOR GILA of such a degree) shall be counted toward the ‘‘grants’’. RIVER INDIAN COMMUNITY RES- determination of the Indian student count SEC. 5. FRACTIONAL INTEREST ACQUISITION ERVATION CONTRACTS. under this clause. PROGRAM. (a) AMENDMENTS.—Subsection (f) of the ‘‘(v) CONTINUING EDUCATION PROGRAMS.— Section 213 of the Indian Land Consolida- first section of the Act of August 9, 1955 (25 Any credit earned by an Indian student in a tion Act (25 U.S.C. 2212) is amended— U.S.C. 415(f)), is amended— continuing education program of a tribally- (1) by striking the section heading and in- (1) in the first sentence— controlled postsecondary vocational and serting the following: (A) by striking ‘‘Any lease’’ and all that technical institution shall be included in the follows through ‘‘affecting land’’ and insert- determination of the sum of all credit hours ‘‘SEC. 213. FRACTIONAL INTEREST ACQUISITION ing ‘‘Any contract, including a lease, affect- PROGRAM.’’; of the student if the credit is converted to a ing land’’; and and credit-hour basis in accordance with the sys- (B) by striking ‘‘such lease or contract’’ (2) in subsection (a)(1), by striking ‘‘(25 tem of the institution for providing credit and inserting ‘‘the contract’’; and U.S.C. 2206(p))’’. for participation in the program.’’. (2) in the second sentence, by striking S. 1484 SEC. 6. ESTABLISHING FAIR MARKET VALUE. ‘‘Such leases or contracts entered into pur- Section 215 of the Indian Land Consolida- suant to such Acts’’ and inserting ‘‘Such Be it enacted by the Senate and House of Rep- tion Act (25 U.S.C. 2214) is amended by strik- contracts’’. resentatives of the United States of America in ing the last sentence and inserting the fol- (b) EFFECTIVE DATE.—The amendments Congress assembled, lowing: ‘‘Such a system may govern the made by subsection (a) shall be effective be- SECTION 1. FALLON PAIUTE SHOSHONE TRIBES amounts offered for the purchase of interests ginning on April 4, 2002. SETTLEMENT. in trust or restricted land under this Act.’’. S. 1483 (a) SETTLEMENT FUND.—Section 102 of the Fallon Paiute Shoshone Indian Tribes Water SEC. 7. LAND OWNERSHIP INFORMATION. Be it enacted by the Senate and House of Rep- Section 217(e) of the Indian Land Consoli- resentatives of the United States of America in Rights Settlement Act of 1990 (Public Law dation Act (25 U.S.C. 2216(e)) is amended by Congress assembled, 101–618; 104 Stat. 3289) is amended— (1) in subsection (C)— striking ‘‘be made available to’’ and insert- SECTION 1. DEFINITION OF INDIAN STUDENT ing ‘‘be made available to—’’. COUNT. (A) in paragraph (1)— (i) by striking the matter preceding sub- SEC. 8. CONFORMING AMENDMENTS. Section 117(h) of the Carl D. Perkins Voca- tional and Technical Education Act of 1998 paragraph (a) and inserting the following: (a) PROBATE REFORM.—The American In- (20 U.S.C. 2327(h)) is amended by striking ‘‘Notwithstanding any conflicting provision dian Probate Reform Act of 2004 (25 U.S.C. paragraph (2) and inserting the following: in the original Fund plan during Fund fiscal 2201 note; Public Law 108–374) is amended— ‘‘(2) INDIAN STUDENT COUNT.— year 2006 or any subsequent Fund fiscal year, (1) in section 4, by striking ‘‘(as amended ‘‘(A) IN GENERAL.—The term ‘Indian stu- 6 percent of the average quarterly market by section 6(a)(2))’’; and dent count’ means a number equal to the value of the Fund during the immediately (2) in section 9, by striking ‘‘section total number of Indian students enrolled in preceding 3 Fund fiscal years (referred to in 205(d)(2)(I)(i)’’ and inserting ‘‘section each tribally-controlled postsecondary voca- this title as the ‘Annual 6 percent Amount’), 205(c)(2)(I)(i) of the Indian Land Consolida- tional and technical institution, as deter- plus any unexpended and unobligated portion tion Act (25 U.S.C. 2204(c)(2)(I)(i))’’. mined in accordance with subparagraph (B). of the Annual 6 percent Amount from any of (b) TRANSFER AND EXCHANGE OF LAND.— ‘‘(B) DETERMINATION.— the 3 immediately preceding Fund fiscal Section 4 of the Act of June 18, 1934 (25 ‘‘(i) ENROLLMENT.—For each academic years that are subsequent to Fund fiscal U.S.C. 464) is amended to read as follows: year, the Indian student count shall be de- year 2005, less any negative income that may ‘‘SEC. 4. TRANSFER AND EXCHANGE OF RE- termined on the basis of the enrollments of accrue on that portion, may be expended or STRICTED INDIAN LAND AND Indian students as in effect at the conclusion obligated only for the following purposes:’’; SHARES OF INDIAN TRIBES AND of— and CORPORATIONS. ‘‘(I) in the case of the fall term, the third (ii) by adding at the end the following: ‘‘(a) APPROVAL.—Except as provided in this week of the fall term; and ‘‘(g) Fees and expenses incurred in connec- section, no sale, devise, gift, exchange, or ‘‘(II) in the case of the spring term, the tion with the investment of the Fund, for in- other transfer of restricted Indian land or third week of the spring term. vestment management, investment con- shares in the assets of an Indian tribe or cor- ‘‘(ii) CALCULATION.—For each academic sulting, custodianship, and other trans- poration organized under this Act shall be year, the Indian student count for a tribally- actional services or matters.’’; and made or approved. controlled postsecondary vocational and (B) by striking paragraph (4) and inserting ‘‘(b) TRANSFER TO INDIAN TRIBE.— technical institution shall be the quotient the following: ‘‘(1) IN GENERAL.—Land or shares described obtained by dividing— ‘‘(4) No monies from the Fund other than in subsection (a) may be sold, devised, or ‘‘(I) the sum of the credit-hours of all In- the amounts authorized under paragraphs (1) otherwise transferred to the Indian tribe on dian students enrolled in the tribally-con- and (3) may be expended or obligated for any the reservation of which the land is located, trolled postsecondary vocational and tech- purpose. or in the corporation of which the shares are nical institution (as determined under clause ‘‘(5) Notwithstanding any conflicting pro- held or were derived (or a successor of such (i)); by vision in the original Fund plan, during a corporation), with the approval of the Sec- ‘‘(II) 12. Fund fiscal year 2006 and during each subse- retary of the Interior. ‘‘(iii) SUMMER TERM.—Any credit earned in quent Fund fiscal year, not more than 20 per- ‘‘(2) DESCENT AND DEVISE.—Land and shares a class offered during a summer term shall cent of the Annual 6 percent Amount for the transferred under paragraph (1) shall descend be counted in the determination of the In- Fund fiscal year (referred to in this title as or be devised to any member of the Indian dian student count for the succeeding fall the ‘Annual 1.2 percent Amount’) may be ex- tribe or corporation (or an heir of such a term. pended or obligated under paragraph (1)(c) member) in accordance with the Indian Land ‘‘(iv) STUDENTS WITHOUT SECONDARY SCHOOL for per capita distributions to tribal mem- Consolidation Act (25 U.S.C. 2201 et seq.), in- DEGREES.— bers, except that during each Fund fiscal cluding a tribal probate code approved under ‘‘(I) IN GENERAL.—A credit earned at a trib- year subsequent to Fund fiscal year 2006, any that Act (including regulations). ally-controlled postsecondary vocational and unexpended and unobligated portion of the ‘‘(c) VOLUNTARY EXCHANGES.—The Sec- technical institution by any Indian student Annual 1.2 percent Amount from any of the retary of the Interior may authorize a vol- that has not obtained a secondary school de- 3 immediately preceding Fund fiscal years untary exchange of land or shares described gree (or the recognized equivalent of such a that are subsequent to Fund fiscal year 2005, in subsection (a) that the Secretary deter- degree) shall be counted toward the deter- less any negative income that may accrue on mines to be of equal value if the Secretary mination of the Indian student count if the that portion, may also be expended or obli- determines that the exchange is— institution at which the student is enrolled gated for such per capita payments.’’; and ‘‘(1) expedient; has established criteria for the admission of (2) in subsection (D), by adding at the end ‘‘(2) beneficial for, or compatible with, the student on the basis of the ability of the the following: ‘‘Notwithstanding any con- achieving proper consolidation of Indian student to benefit from the education or flicting provision in the original Fund plan, land; and training of the institution. the Fallon Business Council, in consultation ‘‘(3) for the benefit of cooperative organiza- ‘‘(II) PRESUMPTION.—The institution shall with the Secretary, shall promptly amend tions.’’. be presumed to have established the criteria the original Fund plan for purposes of con- SEC. 9. EFFECTIVE DATE. described in subclause (I) if the admission forming the Fund plan to this title and mak- The amendments made by this Act shall be procedures for the institution include coun- ing nonsubstantive updates, improvements, effective as if included in the American In- seling or testing that measures the aptitude or corrections to the original Fund plan.’’. dian Probate Reform Act of 2004 (25 U.S.C. of a student to successfully complete a (b) DEFINITIONS.—Section 107 of the Fallon 2201 note; Public Law 108–374). course in which the student is enrolled. Paiute Shoshone Indian Tribes Water Rights

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.131 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9055 Settlement Act of 1990 (Public Law 101–618; S. 1481—INDIAN LAND PROBATE REFORM agreed to, the bills, as amended, if 104 Stat. 3293) is amended— TECHNICAL CORRECTIONS ACT OF 2005 amended, be read a third time and (1) by redesignating subsections (D), (E), Mr. MCCAIN. Mr. President, the In- passed, and the motions to reconsider (F), and (G) as subsections (F), (G), (H), and dian Land Probate Reform Technical (I), respectively; and be laid on the table en bloc. (2) by striking subsections (B) and (C) and Corrections Act of 2005, was originally The PRESIDING OFFICER. Without inserting the following: introduced as a component of the Na- objection, it is so ordered. ‘‘(B) the term ‘Fund fiscal year’ means a tive American Omnibus Act of 2005. I’m The bill (H.R. 794) was read the third fiscal year of the Fund (as defined in the pleased to be joined by the vice chair- time and passed. Fund plan); man of the Senate Indian Affairs Com- The bill (S. 706) was read the third ‘‘(C) the term ‘Fund plan’ means the plan mittee, BYRON DORGAN, on this bill. time and passed, as follows: established under section 102(F), including The Indian probate reform technical S. 706 the original Fund plan (the ‘Plan for Invest- Be it enacted by the Senate and House of Rep- ment, Management, Administration and Ex- corrections amendments, amends the penditure dated December 20, 1991’) and all American Indian Probate Reform Act resentatives of the United States of America in amendments of the Fund plan under sub- of 2004 by correcting provisions relat- Congress assembled, section (D) or (F)(1) of section 102; ing to non-testamentary disposition, SECTION 1. SHORT TITLE. ‘‘(D) the term ‘income’ means the total net partition of highly fractionated Indian This Act may be cited as the ‘‘Prairie Is- return from the investment of the Fund, con- land, and Tribal probate codes. land Land Conveyance Act of 2005’’. sisting of all interest, dividends, realized and SEC. 2. PRAIRIE ISLAND LAND CONVEYANCE. S. 1482—GILA RIVER INDIAN COMMUNITY unrealized gains and losses, and other earn- (a) IN GENERAL.—The Secretary of the RESERVATION CONTRACTS ACT OF 2005 ings, less all related fees and expenses in- Army shall convey all right, title, and inter- curred for investment management, invest- Mr. MCCAIN. Mr. President, the Gila est of the United States in and to the land ment consulting, custodianship and trans- River Indian Community Reservation described in subsection (b), including all im- actional services or matters; Contracts Act of 2005 was originally in- provements, cultural resources, and sites on ‘‘(E) the term ‘principal’ means the total troduced as a component of the Native the land, subject to the flowage and slough- amount appropriated to the Fallon Paiute American Omnibus Act of 2005. I’m ing easement described in subsection (d) and to the conditions stated in subsection (f), to Shoshone Tribal Settlement Fund under sec- pleased to be joined by the vice chair- tion 102(B);’’. the Secretary of the Interior, to be— man of the Senate Indian Affairs Com- S. 1485 (1) held in trust by the United States for mittee, BYRON DORGAN, on this bill. Be it enacted by the Senate and House of Rep- the benefit of the Prairie Island Indian Com- resentatives of the United States of America in The Gila River Indian Community munity in Minnesota; and Congress assembled, reservation contracts, is a technical (2) included in the Prairie Island Indian SECTION 1. AUTHORIZATION OF 99-YEAR LEASES. amendment to allow binding arbitra- Community Reservation in Goodhue County, (a) IN GENERAL.—Subsection (a) of the first tion in all contracts and not just leases Minnesota. section of the Act of August 9, 1955 (25 U.S.C. on the Gila River Indian Community (b) LAND DESCRIPTION.—The land to be conveyed under subsection (a) is the approxi- 415(a)), is amended in the second sentence— reservation. (1) by striking ‘‘Moapa Indian reservation’’ mately 1290 acres of land associated with the S. 1483—DEFINITION OF INDIAN STUDENT COUNT and inserting ‘‘Moapa Indian Reservation’’; Lock and Dam #3 on the Mississippi River in ACT OF 2005 (2) by inserting ‘‘the reservation of the Goodhue County, Minnesota, located in Confederated Tribes of the Umatilla Indian Mr. MCCAIN. Mr. President, the Defi- tracts identified as GO–251, GO–252, GO–271, Reservation,’’ before ‘‘the Burns Paiute Res- nition of Indian Student Count Act of GO–277, GO–278, GO–284, GO–301 through GO– ervation’’; 2005 was originally introduced as a 313, GO–314A, GO–314B, GO–329, GO–330A, GO– (3) by inserting ‘‘the’’ before ‘‘Yavapai- component of the Native American 330B, GO–331A, GO–331B, GO–331C, GO–332, Prescott’’; GO–333, GO–334, GO–335A, GO–335B, GO–336 Omnibus Act of 2005. I’m pleased to be through GO–338, GO–339A, GO–339B, GO–339C, (4) by inserting ‘‘the Muckleshoot Indian joined by the vice chairman of the Sen- Reservation and land held in trust for the GO–339D, GO–339E, GO–340A, GO–340B, GO– Muckleshoot Indian tribe,’’ after ‘‘the ate Indian Affairs Committee, BYRON 358, GO–359A, GO–359B, GO–359C, GO–359D, Cabazon Indian reservation,’’; DORGAN, on this bill. and GO–360, as depicted on the map entitled (5) by striking ‘‘Washington,,’’ and insert- The definition of Indian student ‘‘United States Army Corps of Engineers suring ‘‘Washington,’’; count, amends the Carl D. Perkins Vo- vey map of the Upper Mississippi River 9- (6) by inserting ‘‘land held in trust for the cational Act of 1998 to include the reg- Foot Project, Lock & Dam No. 3 (Red Wing), Prairie Band Potawatomi Nation,’’ before istration of Indian students in the Land & Flowage Rights’’ and dated Decem- ber 1936. ‘‘land held in trust for the Cherokee Nation Spring semester. of Oklahoma’’; (c) BOUNDARY SURVEY.—Not later than 5 (7) by inserting ‘‘land held in trust for the f years after the date of conveyance under Fallon Paiute Shoshone tribes,’’ before ‘‘land subsection (a), the boundaries of the land CONVEYING ALL RIGHT, TITLE, conveyed shall be surveyed as provided in held in trust for the Pueblo of Santa Clara’’; AND INTEREST OF THE UNITED and section 2115 of the Revised Statutes (25 (8) by inserting ‘‘land held in trust for the STATES IN AND TO THE LAND U.S.C. 176). Yurok tribe, land held in trust for the DESCRIBED IN THIS ACT TO THE (d) EASEMENT.— Hopland Band of Pomo Indians of the SECRETARY OF THE INTERIOR (1) IN GENERAL.—The Corps of Engineers Hopland Rancheria,’’ after ‘‘Pueblo of Santa FOR THE PRAIRIE ISLAND IN- shall retain a flowage and sloughing ease- Clara,’’. DIAN COMMUNITY IN MINNESOTA ment for the purpose of navigation and pur- (b) EFFECTIVE DATE.—The amendments poses relating to the Lock and Dam No. 3 made by subsection (a) shall apply to any project over the portion of the land described lease entered into or renewed after the date AMENDING THE ACT OF JUNE 7, in subsection (b) that lies below the ele- of enactment of this Act. vation of 676.0. 1924, TO PROVIDE FOR THE EX- (2) INCLUSIONS.—The easement retained S. 1480—CERTIFICATION OF INDIAN RENTAL ERCISE OF CRIMINAL JURISDIC- PROCEEDS ACT OF 2005 under paragraph (1) includes— TION (A) the perpetual right to overflow, flood, Mr. MCCAIN. Mr. President, the Cer- and submerge property as the District Engi- tification of Indian Rental Proceeds neer determines to be necessary in connec- Act of 2005 was originally introduced as CORRECTING THE SOUTH BOUND- tion with the operation and maintenance of a component of the Native American ARY OF THE COLORADO RIVER the Mississippi River Navigation Project; Omnibus Act of 2005. I am pleased to be INDIAN RESERVATION IN ARI- and joined by the vice chairman of the Sen- ZONA (B) the continuing right to clear and re- ate Committee on Indian Affairs, Sen- move any brush, debris, or natural obstruc- ator BYRON DORGAN, and Senator TIM Ms. COLLINS. I now ask unanimous tions that, in the opinion of the District En- JOHNSON as original co-sponsors of this consent that the Indian Affairs Com- gineer, may be detrimental to the project. bill. mittee be discharged and the Senate (e) OWNERSHIP OF STURGEON LAKE BED UN- The Certification of Indian rental proceed to the en bloc consideration of AFFECTED.—Nothing in this section dimin- proceeds amends Title 25 USC Section H.R. 794, S. 706, and S. 279. ishes or otherwise affects the title of the State of Minnesota to the bed of Sturgeon 488 to permit actual rental proceeds The PRESIDING OFFICER. Without Lake located within the tracts of land de- from a lease to constitute the rental objection, it is so ordered. scribed in subsection (b). value of that land, and to satisfy the Ms. COLLINS. I ask unanimous con- (f) CONDITIONS.—The conveyance under requirement for appraisal of that land. sent that the amendment to S. 279 be subsection (a) is subject to the conditions

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.131 S26JYPT1 S9056 CONGRESSIONAL RECORD — SENATE July 26, 2005 that the Prairie Island Indian Community proceed to the immediate consider- training programs at perinatal hospitals give shall not— ation of Calendar No. 98, S. 285. providers essential training in treating (1) use the conveyed land for human habi- The PRESIDING OFFICER. The healthy mothers and babies as well as pa- ¿ tation; clerk will report the bill by title. tients in neonatal intensive care units. (2) construct any structure on the land The legislative clerk read as follows: SECTION 1. SHORT TITLE. without the written approval of the District This Act may be cited as the ‘‘Children’s Hos- Engineer; or A bill (S. 285) to reauthorize the Children’s Hospitals Graduate Medical Education Pro- pitals Educational Equity and Research Act’’ or (3) conduct gaming (within the meaning of the ‘‘CHEER Act’’. section 4 of the Indian Gaming Regulatory gram. SEC. 2. REAUTHORIZATION OF CHILDREN’S HOS- Act (25 U.S.C. 2703)) on the land. There being no objection, the Senate PITALS GRADUATE MEDICAL EDU- (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN proceeded to consider the bill which CATION PROGRAM. PROJECTS.—Notwithstanding the conveyance had been reported from the Committee (a) EXTENSION OF PROGRAM.—Section 340E(a) under subsection (a), the land shall continue of the Public Health Service Act (42 U.S.C. to be eligible for environmental management on Health, Education, Labor, and Pen- planning and other recreational or natural sions, with an amendment. 256e(a)) is amended by striking ‘‘2005’’ and in- resource development projects on the same (Strike the part shown in black serting ‘‘2010’’. basis as before the conveyance. brackets and insert the part shown in (b) DIRECT GRADUATE MEDICAL EDUCATION.— (h) EFFECT OF SECTION.—Nothing in this italic.) Section 340E(c) of the Public Health Service Act section diminishes or otherwise affects the (42 U.S.C. 256e(c)) is amended— S. 285 rights granted to the United States pursuant (1) in paragraph (1)(B), by inserting ‘‘but to letters of July 23, 1937, and November 20, Be it enacted by the Senate and House of Rep- without giving effect to section 1886(h)(7) of 1937, from the Secretary of the Interior to resentatives of the United States of America in such Act)’’ after ‘‘section 1886(h)(4) of the Social the Secretary of War and the letters of the Congress assembled, Security Act’’; and Secretary of War in response to the Sec- øSECTION 1. SHORT TITLE. (2) in paragraph (2)(E)(ii), by striking ‘‘de- retary of the Interior dated August 18, 1937, øThis Act may be cited as the ‘‘Children’s scribed in subparagraph (C)(ii)’’ and inserting and November 27, 1937, under which the Sec- Hospitals Educational Equity and Research ‘‘applied under section 1886(d)(3)(E) of the So- retary of the Interior granted certain rights Act’’ or the ‘‘CHEER Act’’. cial Security Act for discharges occurring dur- to the Corps of Engineers to overflow the øSEC. 2. REAUTHORIZATION OF CHILDREN’S HOS- ing the preceding fiscal year’’. portions of Tracts A, B, and C that lie within PITALS GRADUATE MEDICAL EDU- (c) NATURE OF PAYMENTS.—Section 340E(e)(3) the Mississippi River 9-Foot Channel Project CATION PROGRAM. of the Public Health Service Act (42 U.S.C. boundary and as more particularly shown ø(a) EXTENSION OF PROGRAM.—Section 256e(e)(3)) is amended by striking ‘‘made to and depicted on the map entitled ‘‘United 340E(a) of the Public Health Service Act (42 pay’’ and inserting ‘‘made and pay’’. States Army Corps of Engineers survey map U.S.C. 256e(a)) is amended by striking ‘‘2005’’ (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- of the Upper Mississippi River 9-Foot and inserting ‘‘2010’’. tion 340E(f) of the Public Health Service Act (42 Project, Lock & Dam No. 3 (Red Wing), Land ø(b) DIRECT GRADUATE MEDICAL EDU- U.S.C. 256e(f)) is amended— & Flowage Rights’’ and dated December 1936. CATION.—Section 340E(c) of the Public Health (1) in paragraph (1)(A)— The amendment (No. 1591) was agreed Service Act (42 U.S.C. 256e(c)) is amended— (A) in clause (ii), by striking ‘‘and’’; to, as follows: ø(1) in paragraph (1)(B), by inserting ‘‘but (B) in clause (iii), by striking the period and without giving effect to section 1886(h)(7) of (Purpose: To provide a complete substitute) inserting a semicolon; and such Act)’’ after ‘‘section 1886(h)(4) of the So- Strike all after the enacting clause and in- (C) by adding at the end the following: cial Security Act’’; and ‘‘(iv) for fiscal year 2006, $110,000,000; and sert the following: ø (2) in paragraph (2)(E)(ii), by striking ‘‘de- ‘‘(v) for each of fiscal years 2007 through 2010, SECTION 1. INDIAN PUEBLO LAND ACT AMEND- scribed in subparagraph (C)(ii)’’ and insert- MENTS. such sums as may be necessary.’’; and ing ‘‘applied under section 1886(d)(3)(E) of the (2) in paragraph (2)— The Act of June 7, 1924 (43 Stat. 636, chap- Social Security Act for discharges occurring ter 331), is amended by adding at the end the (A) in the matter preceding subparagraph during the preceding fiscal year’’. (A)— following: ø(c) NATURE OF PAYMENTS.—Section (i) by striking ‘‘There are hereby authorized’’ ‘‘SEC. 20. CRIMINAL JURISDICTION. 340E(e)(3) of the Public Health Service Act and inserting ‘‘There are authorized’’; and ‘‘(a) IN GENERAL.—Except as otherwise pro- (42 U.S.C. 256e(e)(3)) is amended by striking (ii) by striking ‘‘(b)(1)(A)’’ and inserting vided by Congress, jurisdiction over offenses ‘‘made to pay’’ and inserting ‘‘made and ‘‘(b)(1)(B)’’; committed anywhere within the exterior pay’’. (B) in subparagraph (B), by striking ‘‘and’’; boundaries of any grant from a prior sov- ø(d) AUTHORIZATION OF APPROPRIATIONS.— ereign, as confirmed by Congress or the Section 340E(f) of the Public Health Service (C) in subparagraph (C), by striking the pe- Court of Private Land Claims to a Pueblo In- Act (42 U.S.C. 256e(f)) is amended— riod and inserting a semicolon; and dian tribe of New Mexico, shall be as pro- ø(1) in paragraph (1)(A)— (D) by adding at the end the following: vided in this section. ø(A) in clause (ii), by striking ‘‘and’’; ‘‘(D) for fiscal year 2006, $220,000,000; and ‘‘(b) JURISDICTION OF THE PUEBLO.—The ø(B) in clause (iii), by striking the period ‘‘(E) for each of fiscal years 2007 through Pueblo has jurisdiction, as an act of the and inserting a semicolon; and 2010, such sums as may be necessary.’’. Pueblos’ inherent power as an Indian tribe, ø(C) by adding at the end the following: (e) TECHNICAL AMENDMENT.—Section over any offense committed by a member of ø‘‘(iv) for fiscal year 2006, $110,000,000; and 340E(e)(2) of the Public Health Service Act (42 the Pueblo or an Indian as defined in title 25, ø‘‘(v) for each of fiscal years 2007 through U.S.C. 256e(e)(2)) is amended by striking the sections 1301(2) and 1301(4), or by any other 2010, such sums as may be necessary.’’; and first sentence. Indian-owned entity. ø(2) in paragraph (2)— SEC. 3. SENSE OF THE SENATE. ‘‘(c) JURISDICTION OF THE UNITED STATES.— ø The United States has jurisdiction over any (A) in the matter preceding subparagraph It is the sense of the Senate that perinatal offense described in chapter 53 of title 18, (A)— hospitals play an important role in providing ø United States Code, committed by or against (i) by striking ‘‘There are hereby author- quality care and ensuring the best possible out- an Indian as defined in title 25, sections ized’’ and inserting ‘‘There are authorized’’; comes for thousands of seriously ill newborns 1301(2) and 1301(4) or any Indian-owned enti- and each year, and that medical training programs ty, or that involves any Indian property or ø(ii) by striking ‘‘(b)(1)(A)’’ and inserting at perinatal hospitals give providers essential interest. ‘‘(b)(1)(B)’’; training in treating healthy mothers and babies ‘‘(d) JURISDICTION OF THE STATE OF NEW ø(B) in subparagraph (B), by striking as well as patients in neonatal intensive care MEXICO.—The State of New Mexico shall ‘‘and’’; units. ø have jurisdiction over any offense com- (C) in subparagraph (C), by striking the Mr. SESSIONS. Mr. President, I ask period and inserting a semicolon; and mitted by a person who is not a member of unanimous consent that the com- a Pueblo or an Indian as defined in title 25, ø(D) by adding at the end the following: sections 1301(2) and 1301(4), which offense is ø‘‘(D) for fiscal year 2006, $220,000,000; and mittee-reported amendment be agreed not subject to the jurisdiction of the United ø‘‘(E) for each of fiscal years 2007 through to, the bill, as amended, be read a third States.’’. 2010, such sums as may be necessary.’’. time and passed, the motion to recon- ø The bill (S. 279), as amended, was (e) TECHNICAL AMENDMENT.—Section sider be laid upon the table, and that read the third time and passed. 340E(e)(2) of the Public Health Service Act any statements relating to the bill be (42 U.S.C. 256e(e)(2)) is amended by striking printed in the RECORD. f the first sentence. The PRESIDING OFFICER. Without ø CHILDREN’S HOSPITALS EDU- SEC. 3. SENSE OF THE SENATE. objection, it is so ordered. øIt is the sense of the Senate that CATIONAL EQUITY AND RE- The committee amendment in the SEARCH ACT perinatal hospitals play an important role in providing quality care and ensuring the best nature of a substitute was agreed to. Mr. SESSIONS. Mr. President, I ask possible outcomes for thousands of seriously The bill (S. 285), as amended, was unanimous consent that the Senate ill newborns each year, and that medical read the third time and passed.

VerDate Aug 04 2004 04:30 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JY6.133 S26JYPT1 July 26, 2005 CONGRESSIONAL RECORD — SENATE S9057 AUTHORIZING REPRESENTATION the preambles be agreed to, and the PROVIDING FOR THE SECRETARY BY SENATE LEGAL COUNSEL—S. motions to reconsider be laid on the OF HOMELAND SECURITY TO BE RES. 213 table en bloc. INCLUDED IN THE LINE OF The PRESIDING OFFICER. Without PRESIDENTIAL SUCCESSION objection, it is so ordered. Mr. SESSIONS. I ask unanimous con- AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL—S. The resolutions (S. Res. 213 and S. sent that the Committee on Rules be RES. 214 Res 214) were agreed to. discharged from further consideration The preambles were agreed to. of S. 442 and the Senate proceed to its Mr. SESSIONS. Mr. President, I ask immediate consideration. unanimous consent that the Senate The resolutions, with their pre- The PRESIDING OFFICER. Without now proceed to the en bloc consider- ambles, read as follows: objection, it is so ordered. The clerk ation of two Senate resolutions which S. RES. 213 will report the bill by title. were submitted earlier today, S. Res. Whereas, in the case of Keyter v. McCain, The legislative clerk read as follows: 213 and S. Res. 214. et al., Civ. No. 05–1923, pending in the United A bill (S. 442) to provide for the Secretary The PRESIDING OFFICER. The States District Court for the District of Ari- clerk will report the resolutions by of Homeland Security to be included in the zona, the plaintiff has named as defendants line of Presidential succession. title, en bloc. Senators John McCain and Jon Kyl; The legislative clerk read as follows: Whereas, pursuant to sections 703(a) and There being no objection, the Senate A resolution (S. Res. 213) to authorize rep- 704(a)(1) of the Ethics in Government Act of proceeded to consider the bill. resentation by the Senate Legal Counsel in 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(l), the Sen- Mr. SESSIONS. I ask unanimous con- the case of Keyter v. McCain, et al. ate may direct its counsel to defend Mem- sent that the bill be read a third time A resolution (S. Res. 214) to authorize rep- bers of the Senate in civil actions relating to and passed, the motion to reconsider be resentation by the Senate Legal Counsel in their official responsibilities: Now therefore, laid on the table, and any statements the case of Jones v. Salt River Pima-Mari- be it copa Indian Community, et al. relating to the measure be printed in Resolved, That the Senate Legal Counsel is the RECORD. There being no objection, the Senate authorized to represent Senators John The PRESIDING OFFICER. Without proceeded to consider the resolutions. McCain and Jon Kyl in the case of Keyter v. Mr. FRIST. Mr. President, this reso- McCain, et al. objection, it is so ordered. lution concerns a pro se civil action The bill (S. 442) was read the third S. RES. 214 filed against Senators JOHN MCCAIN time and passed, as follows: and JON KYL. Plaintiff complains that Whereas, in the case of Jones v. Salt River S. 442 the Senator defendants violated their Pima-Maricopa Indian Community, et al., Civ. No. 05–1944, pending in the United States Be it enacted by the Senate and House of Rep- duties under the common law and the District Court for the District of Arizona, resentatives of the United States of America in Federal Criminal Code by failing to in- the plaintiff has named as defendants Sen- Congress assembled, vestigate or prosecute the alleged com- ators John McCain and Jon Kyl; SECTION 1. SECRETARY OF HOMELAND SECU- mission of 1.6 million unspecified RITY IN PRESIDENTIAL LINE OF Whereas, pursuant to sections 703(a) and SUCCESSION. crimes. Plaintiff seeks $10 million in 704(a)(1) of the Ethics in Government Act of Section 19(d)(1) of title 3, United States damages and an order compelling the 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Code, is amended by inserting ‘‘Secretary of Senate may direct its counsel to defend Senator defendants to investigate or Homeland Security,’’ after ‘‘Attorney Gen- Members of the Senate in civil actions relat- prosecute the alleged crimes. eral,’’. This suit is subject to dismissal on ing to their official responsibilities: Now numerous grounds, including lack of therefore, be it f constitutional standing, legislative and Resolved, That the Senate Legal Counsel is qualified immunity, the political ques- authorized to represent Senators John McCain, Jon Kyl, and other unnamed Mem- tion doctrine, as well as on the merits. ORDERS FOR WEDNESDAY, JULY bers of the Senate in the case of Jones v. 27, 2005 This resolution authorizes the Senate Salt River Pima-Maricopa Indian Commu- Legal Counsel to represent the Senator nity, et al. Mr. SESSIONS. Mr. President, on be- defendants in this suit and to move for half of our leader, BILL FRIST, I ask its dismissal. f unanimous consent that when the Sen- S. RES. 214 ate completes its business today, it Mr. President, this resolution con- stand in adjournment until 9:30 a.m., MEASURE READ THE FIRST cerns a pro se civil action filed against on Wednesday, July 27. I further ask TIME—H.R. 1797 Senators JOHN MCCAIN, JON KYL, and that following the prayer and pledge, ‘‘51 percent of the unnamed’’ Members Mr. SESSIONS. Mr. President, I un- the morning hour be deemed expired, of the United States Senate. Plaintiff derstand that there is a bill at the the Journal of proceedings be approved complains that the Senator defendants desk. I ask for its first reading. to date, the time for the two leaders be violated their oath of office and var- The PRESIDING OFFICER. The reserved, and the Senate then resume ious provisions of the Constitution by clerk will read the title of the bill for consideration of the motion to proceed enacting laws contained in Title 25 of the first time. to S. 397. I further ask consent that the the United States Code that allegedly time from 10 a.m. to 2 p.m. be equally The legislative clerk read as follows: resulted in the denial of plaintiffs divided, with the majority controlling rights while employed by a community A bill (H.R. 1797) to provide for equitable the first hour, the Democrats control- of Native American tribes. Plaintiff compensation to the Spokane Tribe of Indi- ling the second hour, rotating in that seeks declaratory relief and damages. ans of the Spokane Reservation for the use fashion until 2 p.m. I further ask con- of tribal land for the production of hydro- This suit is subject to dismissal on sent that at 2 p.m. the Senate proceed power by the Grand Coulee Dam, and for numerous grounds, including lack of other purposes. to a vote on the motion to proceed. constitutional standing, legislative and The PRESIDING OFFICER. Without qualified immunity, and failure to Mr. SESSIONS. I now ask for its sec- objection, it is so ordered. state a claim upon which relief may be ond reading, and in order to place the bill on the calendar under rule XIV, I granted. This resolution authorizes the f Senate Legal Counsel to represent the object to my own request. Senator defendants in this suit and to The PRESIDING OFFICER. Objec- PROGRAM move for its dismissal. tion having been heard, the bill will re- Mr. SESSIONS. I ask unanimous con- ceive its second reading on the next Mr. SESSIONS. Tomorrow we will sent that the resolutions be agreed to, legislative day. continue debate on the motion to pro-

VerDate Aug 04 2004 05:05 Jul 27, 2005 Jkt 039060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JY6.090 S26JYPT1 S9058 CONGRESSIONAL RECORD — SENATE July 26, 2005 ceed until 2. At 2 p.m. we will vote on reminded that rollcall votes are ex- ask unanimous cnosent that the Sen- the motion to proceed and begin con- pected each day this week until our ate stand in adjournment under the sideration of the bill. As we stated work is complete. previous order. since last week, there are a number of f There being no objection, the Senate, legislative matters to consider before ADJOURNMENT UNTIL 9:30 A.M. at 7:09 p.m., adjourned until Wednes- we break for recess. I hope we can fin- TOMORROW day, July 27, at 9:30 a.m. ish our work on this bill as expedi- Mr. SESSIONS. If there is no further tiously as possible. Members should be business to come before the Senate, I

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