Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

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

Vol. 150 WASHINGTON, WEDNESDAY, SEPTEMBER 15, 2004 No. 110 Senate The Senate met at 9:45 a.m. and was U.S. SENATE, the disposition of the Military Con- called to order by the Honorable ELIZA- PRESIDENT PRO TEMPORE, struction appropriations bill today, the BETH DOLE, a Senator from the State of Washington, DC, September 15, 2004. Senate proceed to a period of morning North Carolina. To the Senate: business, with the first 30 minutes Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby under the control of the majority and PRAYER appoint the Honorable ELIZABETH DOLE, a the second 30 minutes under the con- The Chaplain, Dr. Barry C. Black, of- Senator from the State of North Carolina, to trol of the minority. fered the following prayer: perform the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. TED STEVENS, pore. Without objection, it is so or- Spirit of God, from generation to President pro tempore. dered. generation, people of faith speak of Mrs. DOLE thereupon assumed the f Your greatness. You sit enthroned in Chair as Acting President pro tempore. ROSH HASHANAH majesty. Your glory covers all the f Mr. FRIST. Madam President, as the Earth. Thank You for the strength You RECOGNITION OF THE MAJORITY Chaplain just mentioned, and as we all give to all who love You and for the LEADER know, the Jewish new year, Rosh Ha- blessings You bestow upon America. The ACTING PRESIDENT pro tem- shanah, is one of the holiest days of the Today, we join with our Jewish Sen- year in the Jewish faith. For the Jew- ators and staff in celebrating Rosh Ha- pore. The majority leader is recognized. ish people, Rosh Hashanah marks the shanah, ‘‘the head of the year.’’ As we anniversary of the creation of the joyously recall the creation of the f world. It is a day for contemplation world, we ask that You would stir us to SCHEDULE and prayer—and, indeed, we just repentance and bring us into a closer Mr. FRIST. Madam President, I will opened our proceedings today with relationship with You. prayer—to look forward to the year Bless all of our Senators and their be brief this morning because we will get started immediately with our busi- ahead and to reflect on past deeds and staffs. May their words and deeds to ask for God’s forgiveness. ness for the day. Chairman STEVENS is honor You. Guide them in righteous So as so many prepare to celebrate having an Appropriations Committee paths that will keep our Nation strong. their holy day, I think we should all markup, and we want to accommodate Equip them to conduct the work of take that opportunity to reflect on freedom with justice and humility. that important work today. We have what this holiday represents to all of Give them the contentment that comes made real progress on the appropria- us, something we do every day and in a from knowing and serving You. We tions bills thus far, and we will con- global sense, as we look at humanity pray in Your majestic Name. Amen. tinue to do so both in committee as broadly. well as here on the Senate floor. f In a moment, we will begin the Mili- f PLEDGE OF ALLEGIANCE tary Construction appropriations bill APPROPRIATIONS AND under the agreement that we reached INTELLIGENCE REFORM The Honorable ELIZABETH DOLE led last night. We expect that bill to take Mr. FRIST. Madam President, I the Pledge of Allegiance, as follows: an hour or less this morning. I will be thank, again, the chairman and rank- I pledge allegiance to the Flag of the discussing with the Democratic leader- ing member—Senator THAD COCHRAN— United States of America, and to the Repub- ship a time for the vote on passage of for doing a tremendous job over the lic for which it stands, one nation under God, that measure, and I will be able to indivisible, with liberty and justice for all. last week on the Homeland Security make that announcement shortly. appropriations bill. It was a tremen- f We will also be discussing other dous accomplishment. As we set out agreements relative to the appropria- our business before the Senate last APPOINTMENT OF ACTING tions measures, and we hope to reach week, before we adjourn, we will focus PRESIDENT PRO TEMPORE consent on several of those items on the issues that are important to The PRESIDING OFFICER. The today. America—the safety and security of clerk will please read a communication f the American people. We are going to to the Senate from the President pro continue that shortly with the Mili- ORDER OF PROCEDURE tempore (Mr. STEVENS). tary Construction appropriations bill. The legislative clerk read the fol- Mr. FRIST. Madam President, I now We were able to take up and com- lowing letter: ask unanimous consent that following plete Homeland Security. Right now as

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

S9241

VerDate Aug 04 2004 01:15 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.000 S15PT1 S9242 CONGRESSIONAL RECORD — SENATE September 15, 2004 we meet, we are looking at intelligence (c) MILITARY HOUSING PRIVATIZATION INI- I yield the floor. reform in this body through both the TIATIVE DEFINED.—In this section, the term The ACTING PRESIDENT pro tem- task force and through the Govern- ‘‘military housing privatization initiative’’ pore. The Senator from Texas. mental Affairs Committee as intel- means the programs and activities under- Mrs. HUTCHISON. Madam President, taken under the alternative authority for I am very pleased to bring forward for ligence reform applies to the executive the acquisition and improvement of military branch. The leadership task force that housing under subchapter IV of chapter 169 the Senate’s consideration the fiscal is chaired by Senator MCCONNELL and of title 10, United States Code. year 2005 Military Construction appro- Senator REID is meeting now and will AMENDMENT NO. 3661 priations bill. I am also pleased to be be making some announcements later (Purpose: To make available additional joined by the ranking member of the today. And the Governmental Affairs funds for the Commission on Review of Military Construction Subcommittee, Committee, I know there is a press Overseas Military Facility Structure of the Senator FEINSTEIN from California. We conference later today to update people United States) have worked very closely on this bill. with regard to the reform that is un- At the appropriate place, insert the fol- That has been our tradition. We have derway. Not this week but the week lowing: never had a problem with our Military after, the Senate we will be devoted to SEC. 131. Of the amount appropriated by Construction bill. Frankly, we have that reform. this Act, $1,500,000 shall be available to the done some very important work and Let me close by thanking everyone Commission on Review of Overseas Military begun to help the Department of De- Family Structure of the United States. for their hard work in completing the fense shape the military for the future. Homeland Security bill late last night. The ACTING PRESIDENT pro tem- Our bill provides, including $5.3 bil- The specifics of the schedule for the pore. Under the previous order, there lion for military construction, $4.2 bil- next several days I will have more to will be 1 hour of debate equally divided. lion for military family housing; $166 say about later this morning. The Senator from Texas. million for NATO infrastructure, and I yield the floor. Mrs. HUTCHISON. Madam President, $246 million for base realignment and I yield such time as he needs to the disclosure costs. f tinguished chairman of the Homeland Although the military construction RESERVATION OF LEADER TIME Security Appropriations Committee, needs continue to exceed resources who did such a wonderful job this week The ACTING PRESIDENT pro tem- available, I am very pleased that the passing our Homeland Security appro- bill provides a significant increase over pore. Under the previous order, the priations bill that is going to fund leadership time is reserved. last year’s funding. I believe the bill we homeland security for all of our coun- have on the floor today attends both to f try, after which I would like to reclaim the President’s most pressing priorities the floor for the Military Construction MILITARY CONSTRUCTION and to the concerns of Senators. Subcommittee report. APPROPRIATIONS ACT, 2005 Since September 11, 2001, we have The ACTING PRESIDENT pro tem- made great demands on our military The ACTING PRESIDENT pro tempore. The Senator from Mississippi. personnel as they have waged the glob- pore. Under the previous order, the Mr. COCHRAN. Madam President, I al war on terror. The sacrifices have Senate will proceed to consideration of thank the distinguished Senator from been widely shared, but the demands S. 2674, which the clerk will report. Texas for yielding briefly to me. have been particularly acute for our The legislative clerk read as follows: I take this opportunity to thank the Reserve components who have faced de- A bill (S. 2674) making appropriations for staff members who worked so hard on ployments on a scale and for durations military construction, family housing, and the appropriations subcommittee for unprecedented in the post-World-War II base realignment and closure for the Depart- homeland defense for helping ensure era. Facilities support for the Guard ment of Defense for the fiscal year ending the passage of the bill and handling the September 30, 2005, and for other purposes. and Reserve have traditionally failed bill in such a professionally competent to keep pace with need. AMENDMENTS NOS. 3660 AND 3661 way. They all reflected credit on the I am pleased that this year the ad- The ACTING PRESIDENT pro tem- Senate by their professional way of ministration increased the request for pore. Under the previous order, the handling their duties. It was because of Reserve component funding by 68 per- managers’ amendments are agreed to. their hard work that we successfully cent. Even this higher figure, however, The amendments (Nos. 3660 and 3661) completed action on the bill last night. is not adequate and the bill adds an ad- were agreed to, as follows: I commend them all. ditional $194 million or 31 percent more AMENDMENT NO. 3660 On our side of the aisle, Rebecca Da- for critically needed projects in the (Purpose: To direct the Defense Department vies is the chief clerk of that sub- Guard and Reserve. We believe this bill to assess the impacts on the military fam- committee. She is assisted ably by does a very good job of providing the ily housing program if the family housing Carol Cribbs, Les Spivey, James Hayes, resources needed to accomplish our privatization limitation is not eliminated) Kimberly Nelson, and Avery Forbes. military mission. But nothing is so At the appropriate place, insert the fol- The staff members who served on the critical to the mission as the people lowing: minority side were equally professional who carry it out, particularly in a time SEC. . (a) ASSESSMENT OF BUDGET AUTHOR- and helpful in carrying out their du- ITY LIMITATION ON MILITARY HOUSING PRIVAT- in which so much is being asked of IZATION INITIATIVE.—(1) The Secretary of De- ties. them. For that reason, we have paid fense shall assess the impacts on the mili- I commend Senator BYRD for his co- particular attention to projects that tary family housing program of having the operation with our efforts to complete enhance the quality of life of our mili- total value of contracts and investments un- action on the bill. I especially thank tary members and their families. dertaken under the Military Housing Privat- Senator REID, the assistant leader, who The bill provides over $1 billion for ization Initiative reach the limitation on was actively involved on the floor help- construction of new modern barracks, budget authority for the initiative specified ing to ensure the orderly flow of $188 million for design and construc- in section 2883(g) of Title 10, United States amendments. I am very grateful for his Code. tion of new hospital and medical facili- (2) The assessment shall include: an esti- assistance as well. ties, and $11 million for child develop- mate of the appropriations and period of My good friend Senator TED STEVENS ment centers to serve our military time necessary to provide the level and qual- of Alaska was here when he was needed families. It also provides a 9-percent ity of housing contemplated under the Mili- during the handling of that bill, and increase over last year for family hous- tary Housing Privatization Initiative in the without his guidance and good judging construction operations and main- event that limitation in 10 USC 2883(g) is not ment on several occasions, we would tenance. eliminated and the potential impact on mili- not have successfully completed action Because we are concerned about the tary families if the limitation is not elimi- on the bill last evening. quality of life of our military families, nated. (b) The Secretary of Defense shall, no later But for all Senators who cooperated I want to comment briefly on a provi- than December 31, 2004, provide to the con- with us on time agreements and the sion that is addressed in our bill and is gressional defense communities a report of like, I express my deepest appreciation very important to meeting the needs in the assessment required by subparagraph (a). and thank them. the future for military housing. In 1996,

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.003 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9243 Congress passed legislation to provide significant way, and that was overseas Mrs. FEINSTEIN. Mr. President, I the Defense Department with author- construction. The administration was am pleased to join my chairman, Sen- ity to enter into partnerships with pri- in the early stages of its global posture ator HUTCHISON, in recommending the vate entities for the acquisition and review and there were many uncertain- 2005 Military Construction appropria- management of military family hous- ties about the future of the U.S. mili- tions bill to the Senate. I thank her being. Because the initiative was unprec- tary presence overseas. Today, the De- cause it has been quite wonderful for edented, the budget authority for the partment’s vision is clearer. The De- me to work with her over the years. We program was capped at $850 million, partment has made significant progress have exchanged positions, ranking and pending an evaluation of the program’s in thinking about the future of our chairman, on this subcommittee. I success. The success has been striking. overseas military facilities and, over think we have always worked in a col- To date, the Department of Defense the recess, began to publicly disclose legial and very productive way. Her has awarded 34 privatization projects some of that thinking. They have made leadership has been outstanding and I, comprising 63,200 housing units. An- a major step in the right direction. The for one, am very grateful. I also thank other 63 projects involving 116,000 hous- Independent Overseas Basing Commis- Senator STEVENS and Senator BYRD for ing units in 37 States and the District sion created by last year’s Military their leadership and assistance in guid- of Columbia are pending. The program Construction Appropriations bill is up ing this bill through committee and to has accelerated significantly the elimi- and running and has begun its assess- the floor. nation of inadequate housing for our ment of overseas infrastructure needs. America’s men and women in uni- Armed Forces and has placed thou- The commission’s work will help inform need all the support we can give sands of military families in better form our evaluation of our overseas them, so expeditious consideration of housing far sooner than would have construction requirements. defense bills, such as this one, sends an been possible otherwise. Customer sat- I and my colleague, Senator FEIN- important signal of support to our isfaction with privatized housing is ex- STEIN, have visited numerous military troops. I know both Senator HUTCHISON tremely high, and the Defense Depart- installations all over the world. I know and I want to send that signal. ment estimates the program will de- our colleagues have as well. I am cer- The President’s budget request for crease long-term housing costs by 10 to tain they have found the same thing we MilCon was $9.55 billion. That was only 15 percent due to more efficient main- have—that the needs at these installa- 2.5 percent over last year’s enacted tenance. The Department expects to tions almost always outstrip the re- level. But with the support of Chair- reach the statutory cap late this fall, sources we are able to direct to them. man STEVENS and Senator INOUYE, the and the cap must be raised or the pro- Although most of the needs are eventu- committee was able to add another $450 gram would end. However, the Congres- ally addressed, sometimes the urgency million to meet the urgent construc- sional Budget Office has decided to of the requirement isn’t fully appre- tion needs of our active and reserve change its methods for scoring the ad- ciated here in Washington, where the military bases. ditional authority, counting not just budget requests are being prepared. As Senator HUTCHISON indicated, one the annual appropriations required to This bill provides funding for a num- issue that dominated discussion in the fund the Government’s contribution to ber of projects which are badly needed 2005 Military Construction program is privatized housing but also all the esti- at particular installations and are in the question of how to rescue the mili- mated benefits that accrue to the Gov- the future years defense plan, but tary family housing privatization ini- ernment over time. which were not included in this year’s tiative from running out of budget au- Effectively, the CBO intends to score budget request. All of them have been thority. I agree very much with my the additional authority to enter into carefully screened by the military chairman. By accelerating the pace at partnerships as though there were no services to ensure that they meet ur- which new family housing can be pro- partnerships, and the Government was gent military requirements; all are top vided, the program has had a tremen- paying for all of the new housing itself priorities for installation commanders, dous impact on the quality of life for and paying for it all this year. That ap- and all have been authorized in the thousands of military families. The proach, besides seriously overstating Senate version of the Defense author- question is, what do we do now? This the Government’s expenditures for ization bill. A significant percentage of year, the subcommittee was faced with housing, negates any advantage of them support our Guard and Reserve that dilemma because we will shortly privatized housing over traditional forces, and I am pleased we were able be out of money. So as the chairman military construction. to include them in this bill. They are a Public-private partnerships are rel- priority. said, we hope the authorizing com- atively new, and we recognize CBO is The bill before the Senate was ap- mittee—the Budget Committee as well struggling to account for them prop- proved by the Committee on Appro- as the Armed Services Committee—can erly. We acknowledge the appeal of a priations on a unanimous vote of 29–0. find a solution to this problem by the theoretically comprehensive account- I thank my ranking member, Senator time this bill is in conference. Again this year, the subcommittee ing of Federal financial activities. But FEINSTEIN, for her cooperation and the practical reality of CBO’s proposed counsel throughout this process, and was faced with a still evolving proposal approach will be prolonged substandard compliment her staff, Christina Evans for realigning our overseas military housing for tens of thousands of our and B.G. Wright, who have worked so force structure. I want to take a couple military families, with not a dollar dif- cooperatively with my staff in pre- of minutes to discuss it because I think ference in the amount of money Gov- paring this bill. My staff, Dennis Ward it is important. Last year, the Defense ernment is spending. So we are not and Sean Knowles, also have done a Department unveiled a preliminary going to allow that to stand. terrific job. They have traveled to the plan for a major restructuring of forces I hope a sensible solution to this bases where we have requests to find in Europe and Korea, a plan that has issue will prevail. We are going to con- out for themselves that these requests now evolved into a wide-ranging global tinue to work with the Budget Com- are needed and how we can best meet rebasing plan. The President publicly mittee, CBO, the Armed Services Com- the needs of all of the military instal- announced the plan last month, noting mittee, and in our own Military Con- lations in our country and where our that 60,000 to 70,000 troops currently struction conference. In the meantime, troops are based overseas. I so appre- stationed overseas would return home there is an amendment that is now ciate their professionalism and sup- over the next decade. Unfortunately, part of our package that will direct the port. the administration offered few other Defense Department to assess the im- I am pleased to offer the 2005 Mili- details about the plan, and it appears pact on our military families if we fail tary Construction appropriations bill some key basing decisions remain un- to resolve this issue and, by doing so, for the Senate’s consideration. resolved. This year’s budget request input a marker down to address the issue I yield the floor to my colleague, cluded more than $700 million for over- in conference if it is not settled else- Senator FEINSTEIN. seas military construction. where. The PRESIDING OFFICER (Mr. The planning and rebuilding of mili- Last year this bill differed from the GRAHAM of South Carolina). The Sen- tary facilities is a complicated process, administration’s request in only one ator from California is recognized. constrained by long lead times, and the

VerDate Aug 04 2004 01:15 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.005 S15PT1 S9244 CONGRESSIONAL RECORD — SENATE September 15, 2004 lack of a fully developed basing plan by Mr. CARPER. Mr. President, I thank time, I would like to thank the Senator the Department of Defense has ham- Senator FEINSTEIN for yielding to me from Delaware for his comments. The pered the subcommittee’s ability to at this time. I wish to express my ap- control tower at Dover Air Force Base, make prudent and informed decisions preciation on behalf of everyone at which is I think about a $9 million ap- about overseas military construction. Dover Air Force Base for project funds propriation, was on their ask list in For this reason, several proposed that are included in this bill. 2004. Unfortunately, we could not do it, overseas construction projects were de- Is this an appropriate time for me to so we made it a high priority this year. leted from the Senate bill pending a make that statement? I know both Senator HUTCHISON and I clearer understanding of how they Mrs. FEINSTEIN. Certainly. were really pleased to be able to do it. might be affected by the global basing Mr. CARPER. I will proceed. Dover It is very nice for the Senator from plan. Air Force Base has been in existence a Delaware to come to the floor to say It is clear the Department is con- half century or more. The oldest con- thank you. Very few do that. It is ap- tinuing to fine-tune and adjust its trol tower on any Air Force base in preciated. I thank the Senator very global realignment plan. Although the America, as far as I am aware, is at much. President has announced plans to re- Dover Air Force Base. There has been a Mr. CARPER. Mr. President, speak- align and significantly reduce the num- request for a number of years to try to ing not only for myself, I know I speak ber of U.S. troops stationed overseas, replace that tower and put in new tech- for Senator BIDEN as well, for both of the committee has received no requests nology to provide better safety control us. from the Defense Department that of our aircraft on the Delmarva Penin- Mrs. FEINSTEIN. I thank the Sen- would support moving forces back to sula. ator. the United States; nor has the Defense The committee sought to include Mrs. HUTCHISON. Mr. President, be- Department provided Congress with that project last year and was unable fore Senator FEINSTEIN yields the floor, any cost estimate or timetable for its to do so for the 2004 funding cycle. Sen- in case she has anything else to say, I global restructuring plan. It is said ator FEINSTEIN has been terrific in say to the Senator from Delaware that that ‘‘the devil is in the details’’ and making sure it was included in the he was very persistent last year. We we do need those details. Only when funding for this year. I express my did everything to try to help him with the Defense Department provides Con- gratitude to her and to Senator that last component of the increase in gress with a comprehensive, well-rea- HUTCHISON for that inclusion. the capacity for Dover. We were not soned plan will the committee have a The importance of airlift today is able to do that last year. sufficient understanding of the associ- great. We have, as my colleagues know, Senator FEINSTEIN did make it her ated military construction require- operations in Iraq and Afghanistan, highest priority this year. I want the ments to proceed with confidence. supporting our personnel in Nigeria, Senators from Delaware to know that. Until the Defense Department com- Haiti—all over the world. The impor- I supported it fully, but we did remem- pletes its overseas basing review and tance of airlift is only going to grow in ber that the Senator had pressed hard. presents a plan to Congress, projects the years ahead because of the rede- Every one of us knows the great role supporting activities that may be sub- ployment of our forces, as we bring that Dover Air Force Base plays in our ject to further change should remain folks home and the need in the future military. They have one of the hardest on hold. I think we are both in agree- to deploy them through airlift, and if jobs in all of our military, and that is ment on that. we want to do it quickly, airlift is the the comforting of families when their The Overseas Basing Commission key. Bases where we provide airlift loved ones are returned home, many that Senator HUTCHISON led, and I sup- today will only be more critical to our ported, was established last year. That, times no longer alive in body but cer- Nation’s military security. There are a we hope, will provide some valuable in- tainly in spirit. That is a huge job that lot of Air Force bases. I do not know of sights for Congress regarding this proc- is done beautifully at Dover. We appre- any base on the east coast that does ess. We have given this matter great ciate that. more in terms of providing the lift for consideration, and I commend Senator We have added to the capacity of our men, women, troops, materiel, and Dover Air Force Base that has such an HUTCHISON for laying out the position of the subcommittee so clearly and equipment than Dover Air Force Base. important place in our military facili- Within a few weeks, we are going to completely in the report accompanying ties throughout our whole country. We be breaking ground at Dover Air Force our bill. I very much agree with that. thank the Senator from Delaware for I thank Chairman Hutchison and the Base for a new aerial port. This is a coming to the floor of the Senate to remembers of the Appropriations staff, new huge modernized cargo warehouse emphasize that importance. I thank Dennis Ward and Sean Knowles, for through which equipment will move him very much. their hard work on this bill. I also from ground transportation, truck and Mrs. FEINSTEIN. Mr. President, I thank my Appropriations staff, Chris- rail, onto aircraft to be shipped all believe I can yield back the remainder tina Evans and B. G. Wright, sitting to around the world, and, in other cases, of our time. my left, and my personal staff, Michael off the aircraft to the port, and distrib- Mr. REID. Mr. President, before the Schiffer and Chris Thompson, who does uted through this country. It is a huge Senator from California yields back our appropriations, for their contribu- project. It was funded in the 2004 budg- her time, may I be recognized? tions. et, and we break ground in a few days. Mrs. FEINSTEIN. Absolutely. The work of the Military Construc- We are excited about it. And we are fi- The PRESIDING OFFICER. The Sen- tion Subcommittee enhances our Na- nally seeing the oldest control tower in ator from Nevada. tion’s efforts to build quality facilities the Air Force being replaced by a mod- Mr. REID. I had some meetings this for our military men and women, and I ern, technologically current tower. morning and was not planning on com- urge my colleagues to approve this bill. There are 5,000 people who work at ing to the Chamber, but walking Mr. President, I want the chairman Dover Air Force Base. Many are fami- through the Senate today took me to know that at the appropriate time, lies. A lot of their loved ones are back to when I went to law school. I would like to enter into a colloquy abroad. Today they are all over the When I went to law school in a very between Senator NELSON and myself, to world. Their housing is not especially large class at George Washington Uni- which the chairman has agreed. good. I believe there is some money in versity, as I recall, we had two women Mrs. HUTCHISON. Mr. President, this Military Construction bill to help in that very large class. When I took this would now be the appropriate time us on the housing side as well. the bar in Nevada after having grad- because I know of no speakers. For all of that and for all the fami- uated from law school, I think we had Mrs. FEINSTEIN. There is one, and I lies at Dover Air Force Base, for those one woman who took the bar. would like to yield a few minutes to of us who know how important the base It has been a while since I went to the Senator from Delaware, if I may, is to our military readiness, we say our law school and took the bar but not Senator CARPER. heartfelt thanks. that long, and the face of America has The PRESIDING OFFICER. The Sen- Mrs. FEINSTEIN. Mr. President, be- changed dramatically. Since I have ator from Delaware. fore I yield back the remainder of my come to the national legislature, the

VerDate Aug 04 2004 01:15 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.007 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9245 face of the legislature has changed dra- absolutely, yes, if they get an edu- further damage and that the Florida matically. The biggest change and I be- cation. National Guard can return to its high lieve the most positive change that has The old proverbial myths that readiness in their home stations. taken place is women. Half the people women cannot work together or women I have received the assurances of going to law school today are now are jealous or women are this or LTG Steve Blum, Chief of the National women. There are significantly larger women are that are not true. We are Guard Bureau, that the $5 million nec- numbers of women in the Congress living examples of this, both Repub- essary to make repairs to Florida’s ar- than when I came here 22 years ago. lican and Democratic women in the mories is already available in contin- When I first saw this Military Con- Senate. It is one of the great treats of gency accounts and will be released for struction Appropriations sub- our service that we are able to share, obligation as soon as practical. Accord- committee, this big important com- develop collegiality, be real profes- ingly, I will not seek additional funds mittee, being chaired by two women, I sionals, and care about the people we in the military construction bill for was so impressed I gave a little speech represent. this purpose. at that time. It is a great pleasure for me to hear The Florida National Guard has per- I cannot express my satisfaction of and see the Senator from Nevada say- formed its State and Federal missions walking into this Chamber and seeing ing these things, and also, as I said be- superbly over the last 2 years. At home two women in charge of something as fore, to be able to work with Senator and overseas the Florida National important as this Subcommittee on HUTCHISON. We have become good Guard has time and again been there Appropriations. The legal profession—I friends in the process. We do not al- for the people of the United States and have only picked that one area—and ways agree, but that does not matter. Florida. We owe them our total support the second area I pick is the national The point is there is a basic integrity in the fastest possible repair of their legislature, are much better places as a and a commitment to do the right facilities so that they can remain result of women being involved, and thing for the people we represent and ready for all that we will continue to there is no better example of that than the people in the military. ask them to do in the days ahead. these two wonderful human beings, the So I thank Senator REID and my Mrs. HUTCHISON. I thank the Sen- Senator from Texas and the Senator thanks to my chairman. I yield the re- ator from Florida for bringing this from California, who lead us on this mainder of my time. issue to the attention of our committee committee. The PRESIDING OFFICER. The Sen- and the Senate. Contingency funds I hope people watching understand ator from Texas. exist to support the requirements of what a message this sends. It is said Mrs. HUTCHISON. Mr. President, I the Florida National Guard and I am young girls are shunted aside because thank Senator REID for his very kind confident they will have what they they do not have proclivities to go into words. It means a lot to Senator FEIN- need when they need it. science; let them do other things; let STEIN and myself that he would come Mrs. FEINSTEIN. I also thank the them become teachers and nurses— to the floor and recognize the job we Senator from Florida for bringing this they have different kinds of minds. are doing. It is very thoughtful and we to our attention. I appreciate his sharp They are not scientists. appreciate it very much. attention to the needs of Florida in One of the people I worked with, a Once again, I think we have a good this time of crisis, his determined ef- brilliant man, told me women would bill that has taken into consideration forts on behalf of their relief, and his never be able to be lawyers because the priorities of our military, our ad- unwavering support of the Florida Na- their briefcases were too heavy. All of ministration, and the Senators who all tional Guard. these old ideas are gone and these came together to put a bill on the floor Mr. NELSON of Florida. I thank the young girls who are hopefully watching that would address the needs in a fair distinguished chairman and ranking or hear about this should focus on and balanced way throughout our member for their interest and I look these two women who are leading us on country, and I thank my colleague forward to working with them on the this multibillion-dollar bill. from California. We have a great work- range of issues that confront Florida in I am so, I guess, enthralled with it. ing relationship, which shows in the its recovery from these hurricanes. Walking into this Chamber and seeing bill because it passed unanimously out The PRESIDING OFFICER. All time these women lead this committee, I of the committee, and I think it will having been yielded back, the question know—and I say this wherever I go, if pass unanimously out of the Senate. is on the engrossment and third read- I have the opportunity—we do much Hopefully we can go forward to start ing of the bill. better work as a result of women be- the construction projects October 1, The bill was ordered to be engrossed coming more a part of our legislative the beginning of fiscal year 2005. for a third reading and was read the body. As far as I am concerned, there I yield back the remainder of my third time. are no two better Senators than these time. The PRESIDING OFFICER. Under two women who are on the Senate floor FLORIDA NATIONAL GUARD HURRICANE DAMAGE the previous order, the Senate will pro- today directing what we should do in Mr. NELSON of Florida. Mr. Presi- ceed to the consideration of H.R. 4837, spending for our military construction dent, would the Senators from Texas which the clerk will report. throughout the world. and California be willing to engage me The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- in a colloquy? A bill (H.R. 4837) making appropriations ator from California. Mrs. HUTCHISON. I would be pleased for military construction, family housing, Mrs. FEINSTEIN. Mr. President, the to engage in a colloquy with the Sen- and base realignment and closure for the De- Senator from Nevada appeared on the ator from Florida. partment of Defense for the fiscal year end- floor and said similar words a year ago. Mrs. FEINSTEIN. I would also be ing September 30, 2005, and for other pur- I never expected he would come back a willing to engage in a colloquy with poses. second time and do that again. I had my friend from Florida. The PRESIDING OFFICER. Under his words printed up and gave a copy to Mr. NELSON of Florida. Mr. Presi- the previous order, the text of the Sen- my chairman and put one copy in my dent, I have come to the floor today to ate measure is substituted for the memory book. What should not be so speak about the Florida National House bill. The question is on the en- rare, but I guess is rare, is the fact that Guard and the damage to their critical grossment of the amendment and the women can do this work, women can facilities as a result of Hurricanes third reading of the bill. participate in the great public policy Charley and Frances. Although no ar- The bill was read the third time. debates of our day, women can work mory or readiness center was lost to f together, they can be effective and I total destruction, there are many sig- think the fact that that is now becom- nificant problems to over thirty facili- MORNING BUSINESS ing the given is important. ties that need immediate attention. I The PRESIDING OFFICER. Under The message Senator REID sent to am concerned that funds are made im- the previous order, there will be a pe- young women who may be out there mediately available to fix buildings to riod for the transaction of morning saying, could I do this job some day, is ensure that they are not exposed to business to be equally divided, with the

VerDate Aug 04 2004 01:15 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.010 S15PT1 S9246 CONGRESSIONAL RECORD — SENATE September 15, 2004 first 30 minutes under the control of In Birmingham, United Kingdom, tion. During the conference, a strong the majority leader or his designee and during the night of August 22, 2004, declaration was agreed to, which out- the second 30 minutes under the con- sixty Jewish gravestones were de- lines steps that will be taken to ad- trol of the minority leader or his des- stroyed in a local cemetery. Commu- dress anti-Semitism. Mr. President, I ignee. nity officials reported that stickers ask unanimous consent that this be Who yields time? with the logo of a Neo-Nazi group were printed in the CONGRESSIONAL RECORD. Mrs. HUTCHISON. I suggest the ab- found on some of the stones. There being no objection, the mate- sence of a quorum. It is also important to stress that we rial was ordered to be printed in the The PRESIDING OFFICER. The are not exempt here in the United RECORD, as follows: clerk will call the roll. States. At the end of March, the Anti- Distinguished delegates, The assistant legislative clerk pro- Defamation League released a report Let me sum up the proceedings of this Con- ceeded to call the roll. on anti-Semitic incidents that took ference in what I would like to call ‘‘Berlin Mr. VOINOVICH. Mr. President, I ask place in the United States in 2003. In Declaration’’. unanimous consent that the order for total, ADL counted more than 1,500 Based on consultations I conclude that the quorum call be rescinded. acts of anti-Semitism here at home. OSCE participating States, The PRESIDING OFFICER. Without Reaffirming the Universal Declaration on objection, it is so ordered. According to their count, 25 of these Human Rights, which proclaims that every- incidents occurred in my own State. f one is entitled to all the rights and freedoms Last month, I met with a group of in- set forth therein, without distinction of any CONTINUING THE FIGHT AGAINST dividuals in my home state to discuss kind, such as race, religion or other status, ANTI-SEMITISM concern with growing anti-Semitism. Recalling that Article 18 of the Universal Mr. VOINOVICH. Mr. President, I There was general consensus that this Declaration on Human Rights and Article 18 of the International Covenant on Civil and rise today to call attention to the dis- is, in fact, a problem in our own communities. Our conversation under- Political Rights state that everyone has the turbing rise in anti-Semitism that the right to freedom of thought, conscience and world has witnessed during the last scored the need to do all that we can to religion, several years. I believe it is important make the fight against anti-Semitism Recalling also the decisions of the OSCE that Senator FRIST, Senator SANTORUM a priority in the United States, just as Ministerial Councils at Porto and and others have come together to high- we redouble our efforts to encourage Maastricht, as well as previous decisions and light the urgent need to take action to other countries to take action. documents, and committing ourselves to in- combat this serious problem. We should recognize positive efforts tensify efforts to combat anti-Semitism in As a public official and private cit- underway to promote tolerance and un- all its manifestations and to promote and strengthen tolerance and non-discrimina- izen, I have had the opportunity to derstanding, both at home and abroad. I am encouraged by action that is tak- tion, visit the State of Israel on six separate Recognizing that anti-Semitism, following occasions. I will never forget the time ing place in Ohio to work toward this its most devastating manifestation during that I spent at Yad Vashem in Jeru- end. For instance, last year, commu- the Holocaust, has assumed new forms and salem in 1980, and on several other vis- nity leaders in Cleveland came to- expressions, which, along with other forms of its. Nor will the images that I saw at gether to form an organization called intolerance, pose a threat to democracy, the the Diaspora Museum in Tel Aviv ever ‘‘Ishmael and Isaac.’’ This program values of civilization and, therefore, to over- leave my mind. Those experiences brings together members of Ohio’s Jew- all security in the OSCE region and beyond, Concerned in particular that this hostility truly brought home to me the horrors ish and Muslim communities in an effort to raise money for the medical toward Jews—as individuals or collectively— of the Holocaust, and the role that on racial, social, and/or religious grounds, anti-Semitism played in leading to the needs of Israelis and Palestinians. has manifested itself in verbal and physical Holocaust. I vowed that I would do ev- Other efforts to promote diversity attacks and in the desecration of synagogues erything in my power to prevent this and anti-bias education are critical if and cemeteries, from ever happening again. Quite we are to succeed in creating more ac- 1. Condemn without reserve all manifesta- frankly, as I have said before, this is cepting and tolerant environments in tions of anti-Semitism, and all other acts of something that I never thought I would cities and towns across the country. intolerance, incitement, harassment or violence against persons or communities based see again in my lifetime. For instance, the Anti-Defamation League’s ‘‘A World of Difference Insti- on ethnic origin or religious belief, wherever In May 2002, following a disturbing they occur; number of anti-Semitic incidents in tute’’ provides hands-on training and 2. Also condemn all attacks motivated by Europe, I joined members of the Hel- education programs that are used to anti-Semitism or by any other forms of reli- sinki Commission in a hearing to ex- promote tolerance and counter mes- gious or racial hatred or intolerance, includ- amine the rise of anti-Semitic violence sages of hate in schools and univer- ing attacks against synagogues and other re- in Europe. I was shocked by the reports sities, as well as corporations and law ligious places, sites and shrines; that I heard. Today, the news is equal- enforcement agencies in 29 cities in the 3. Declare unambiguously that inter- ly as disturbing. Even during the last United States and 14 other countries. national developments or political issues, in- Such programs should continue, and cluding those in Israel or elsewhere in the month, we have seen numerous acts of Middle East, never justify anti-Semitism; anti-Semitism, which some of my col- they deserve our full support. In addition, I note that the Maastricht leagues will be referencing today. I will We cannot be silent and stand on the Ministerial Council in its Decision on Toler- also name a few: sidelines as anti-Semitism festers at ance and Non-Discrimination, tasked the In Paris, France, on August 14, 2004, home and abroad. At sunset today, Permanent Council ‘‘to further discuss ways anti-Semitic graffiti, including a sign Jewish people across the world will and means of increasing the efforts of the saying ‘‘death to Jews’’ and a swastika, begin the observance of Rosh Hasha- OSCE and the participating States for the was found scrawled on a wall on the nah, marking the beginning of a New promotion of tolerance and non-discrimination in all fields.’’In light of this Ministerial grounds of Notre Dame Cathedral; Year. It is my sincere hope that in this new year, the United States and mem- Decision, I welcome the April 22 Permanent In Wellington, New Zealand, on Au- Council Decision on Combating Anti-Semi- gust 6, 2004, a Jewish chapel was de- bers of the international community tism and, in accordance with that Decision, stroyed by fire and up to 90 Jewish will make a renewed effort to stamp incorporate it into this Declaration. headstones were pulled out of the out anti-Semitism wherever it exists. 1. The OSCE participating States commit ground and smashed at a cemetery, on In recent months, the United States to: the outskirts of the nation’s capital; has taken significant steps in the fight Strive to ensure that their legal systems In Calgary, Canada over the night of against anti-Semitism. In April, Sec- foster a safe environment free from anti-Se- August 22, 2004, vandals sprayed swas- retary of State Colin Powell traveled mitic harassment, violence or discrimination tikas and anti-Semitic messages on a to Berlin for a conference of the Orga- in all fields of life; Promote, a appropriate, educational pro- condominium complex a block from nization for Security and Cooperation grammers for combating anti-Semitism; the Calgary Jewish Center; in Europe—OSCE—dedicated to the Promote remembrance of and, as appro- In the Czech Republic on August 10, fight against anti-Semitism. priate, education about the tragedy of the 2004 more than 80 tombstones were At that conference, 55 participating Holocaust, and the importance of respect for overturned at a Jewish cemetery; and states of the OSCE pledged to take ac- all ethnic and religious groups;

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.012 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9247 Combat hate crimes, which can be fuelled United States and other member coun- where governments expressed their willing- by racist, xenophobic and anti-Semitic Prop- tries, has the funding it needs to begin ness to take action. In Berlin we must con- aganda in the media and on the Internet; this crucial work. It is not enough to centrate on specific steps to which govern- Encourage and support international orga- pass Declarations and to have tables. ments and societies commit themselves: col- nization and NGO efforts in thee areas; lecting and analyzing data on hate crimes, Collect and maintain reliable information What we need to do is give the organi- training police and educating children for and statistics about anti-Semitic crimes, and zation that is supposed to get the job tolerance, and measuring the effectiveness of other hate crimes, committed within their done, the money and the resources. these steps. Rather than asking if we can af- territory, report such information periodi- While I had hoped to attend the Ber- ford to take such steps, we should ask wheth- cally to the OSCE Office for Democratic In- lin Conference on anti-Semitism at the er we can afford not to when the costs of institutions and human Rights (ODIHR), and invitation of Secretary Powell, I was action are so great. make this information available to the pub- unable to be at this historic gathering We are not fighting anti-Semitism solely lic; due to pressing business here in the in order to protect Jewish people, although Endeavour to provide the ODIHR with the the safety of any one group is intrinsic to appropriate resources to accomplish the Senate. However, while the conference the safety of all. We are waging this battle tasks agreed upon in the Maastricht Ministe- was underway, an article that I co-au- because we want to ensure that we do not rial Decision on Tolerance and Non-Dis- thored with a leading member in the again sink into barbarity—and we will win crimination; fight against anti-Semitism in the Ger- this struggle. Democracy is stronger than Work with the OSCE Parliamentary As- man Bundestag, Professor Gert hate. sembly to determine appropriate ways to re- Weisskirchen, ran in the Washington Mr. VOINOVICH. As we wrote then: view periodically the problem of anti-Semi- tism; Post. We are not fighting anti-Semitism solely Encourage development of informal ex- Mr. President, I ask unanimous con- in order to protect Jewish people, although changes among experts in appropriate fora sent that this article, entitled ‘‘Halting the safety of any one group is intrinsic to on best practices and experiences in law en- the New Hatred,’’ be printed in the the safety of all. We are waging this battle forcement and education; CONGRESSIONAL RECORD. because we want to ensure that we do not 2. To task the ODIHR to: There being no objection, the mate- again sink into barbarity—and we will win Follow closely, in full co-operation with rial was ordered to be printed in the this struggle. Democracy is stronger than other OSCE institutions as well as the hate. RECORD, as follows: United Nations Committee on the Elimi- Today, I continue to repeat this mes- [From the Washington Post, Apr. 28, 2004] nation of Racial Discrimination (UNCERD), sage. We cannot become complacent in HALTING THE NEW HATRED the European Commission against Racism the fight against anti-Semitism. There and Intolerance (ECRI), the European Moni- Two years ago members of Congress and is too much at stake. toring Centre on Racism and Xenophobia the German Bundestag launched a joint (EUMC) and other relevant international in- project that will come to fruition this week I remain in close contact with the stitutions and NGOs, anti-Semitic incidents in Berlin. More than 500 representatives from State Department to encourage our in the OSCE area making use of all reliable the 55-nation Organization for Security and highest-ranking diplomats to make the information available; Cooperation in Europe (OSCE) are meeting fight against anti-Semitism a top pri- Report its findings to the Permanent to formulate an action plan to tackle the ority in our bilateral relationships and Council and to the Human Dimension Imple- growing problem of anti-Semitism. interaction with international organi- mentation Meeting and make these findings Today anti-Semitism is no longer directed zations such as the OSCE, the Euro- public. These reports should also be taken solely against Jews an individuals. ‘‘Israel, pean Union and the United Nations. into account in deciding on priorities for the in effect, is emerging as the collective Jew work of the OSCE in the area of intolerance; among nations,’’ writes Mortimer B. At the end of last month, Under Sec- and Zuckerman in U.S. News & World report. The retary of State for Political Affairs Systematically collect and disseminate in- old conspiracy theories, prejudices and Marc Grossman sent me a letter, in formation throughout the OSCE area on best ‘‘world domination’’ fantasies are emerging which he outlined some of the positive practices for preventing and responding to in new guises and are exploiting the conflict steps that our Government is taking to anti-Semitism and, if requested, offer advice between Israelis and Palestinians. combat anti-Semitism. This includes to participating Stats in their efforts to While the ‘‘old’’ anti-Semitism sought to our work with the OSCE, as well as ef- fight anti-Semitism; stigmatize Jews as individual threats to forts taken by United States Ambas- This decision will be forwarded to he Min- local coexistence, the ‘‘new’’ anti-Semitism isterial Council for endorsement at its seeks to stigmatize Israel as a collective sadors and other officials in countries Twelfth Meeting. threat to global coexistence. At the core of throughout the world. This is a pri- Mr. VOINOVICH. As this document the new anti-Semitism is the ‘‘Auschwitz ority, now, for our Ambassadors all makes clear, the OSCE, through its Of- Lie’’—that the Holocaust was invented as an over the world. Mr. President, I ask fice of Democratic Institutions and excuse for Jews to converge on Palestine in unanimous consent that a copy of this order to oppress Arabs and conquer the letter be printed in the CONGRESSIONAL Human Rights—ODIHR, will for the world. first time monitor and report on acts RECORD. In both its old and new forms, anti-Semi- There being no objection, the mate- of anti-Semitism. Moreover, the OSCE tism is merely an attempt to divert atten- will keep track of positive steps coun- tion from the perpetrators’ motives for com- rial was ordered to be printed in the tries are taking to address the prob- mitting acts of violence and injustice. In RECORD, as follows: lem. This will be high on the agenda at fighting anti-Semitism we must turn our at- UNDER SECRETARY OF STATE the OSCE Ministerial this December, tention toward strengthening peace and jus- FOR POLITICAL AFFAIRS, and, next spring, Spain will host a tice. The real battle against anti-Semitism Washington, August 24, 2004. lies ahead of us, and it will affect the founda- Hon. GEORGE V. VOINOVICH, meeting to follow-up on the specific tions of our democracies. U.S. Senate. recommendations made at the Berlin Globalization is bringing ideas, cultures DEAR SENATOR VOINOVICH: This is to follow Conference, and to exercise oversight and lifestyles into contact—and sometimes up our conversation concerning the Depart- of the progress ODIHR is making in conflict—with one another in new and un- ment’s efforts to combat anti-Semitism. complying with the Berlin Declaration. usual ways. Our task is to determine how our This Administration recognizes that anti- I have encouraged Secretary Powell political systems can shape the outcome in a Semitism is a serious human rights problem to ensure that the United States not positive way. Will we be tolerant enough to and is strongly committed to fighting it. We are taking the following steps to combat only supports these efforts, but that we create space for differences, and allow them to develop and flourish? Globalization means anti-Semitism and related violence, using do all that we can to make certain that that we all have a shared fate. the range of tools at our disposal to advance the OSCE has the resources necessary Anti-Semitism is a problem for every human rights standards and norms. to effectively do the job that it has OSCE state, because it seeks to break down Reporting: Two annual reports (the ‘‘Inter- been called upon to do to monitor anti- the pillars of our societies: rule of law, national Religious Freedom Report’’ and the Semitism. I have been assured by our equality, decency, tolerance and faith. Its vi- ‘‘Country Reports on Human Rights Prac- Ambassador to the OSCE, Stephan olence is felt by all, regardless of faith. Its tices’’) describe in detail both the trend of Minikes, that the United States will in most diabolical offspring is terrorism, a anti-Semitism throughout the world as well force that in its embrace of death tears down as the specific anti-Semitism incidents that fact do all that it can to support the everything in its path. Its aim is to destroy have occurred during the reporting period. work of the OSCE in this regard. Am- all that is humane. The Department formally reports on anti- bassador Minikes has also assured me In Berlin we will build on last year’s Semitism every six months. These reports that the OSCE, with the help of the groundbreaking OSCE conference in Vienna, are posted on embassy websites for public

VerDate Aug 04 2004 01:15 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.008 S15PT1 S9248 CONGRESSIONAL RECORD — SENATE September 15, 2004 dissemination. In our instructions for the attention to anti-Semitism and the need to Third, actions by the government of 2004 Country Report, we have made explicit combat it. that country to enact and enforce laws the guidelines for reporting acts of violence The Special Envoy for Holocaust Issues relating to the protection of the right against Jewish people and Jewish commu- heads up the staff level work on this issue to religious freedom with respect to nity institutions. Embassies have supplied and coordinates closely with U.S. NGOs. He detailed information on the level of anti- works particularly closely with the U.S. Am- Jewish people; and finally, the efforts Semitism in their host country. bassador to the OSCE who has represented by that government to promote anti- Demarches and Interventions: Our embas- the United States in the preparations for the bias and tolerance education. sies abroad regularly press host countries on separate OSCE conferences on anti-Semitism Following the report this November, combating anti-Semitism, particularly in in Vienna in June 2003 and in Berlin in April my legislation requires enhanced re- Europe where anti-Semitism has increased 2004. porting on anti-Semitism in two exist- significantly during the past few years. Our The Bureau of Democracy, Human Rights ing annual reports: the International ambassadors are very involved in this effort. and Labor produces two annual reports Religious Freedom Report and the We also maintain close contact with the (International Religious Freedom, Country local Jewish communities. Report on Human Rights Practices), both of Human Rights Report. OSCE: The Department took the lead in which include extensive coverage of anti- The Senate passed this critical legis- convincing the OSCE to sponsor two con- Semitism and anti-Semitic incidents. lation with strong, bipartisan support ferences on combating anti-Semitism (in Vi- Our ambassadors abroad and their staffs on May 7, 2004. Twenty-four of my col- enna in June 2003, in Berlin in April 2004). engage with host countries on this issue. leagues joined me as co-sponsors. This Secretary Powell participated in the Berlin Ambassadors have mentioned their concern underscores the high priority that the Conference. As a result of those conferences, about anti-Semitism in the host country United States Senate has given to the the OSCE is implementing a process to mon- during their initial meetings with the Prime fight against anti-Semitism. Minister. Our ambassadors speak out force- itor and report in a consistent manner on It is my sincere hope that the House anti-Semitism incidents within the OSCE re- fully and meet with visiting representatives gion. of American Jewish organizations to review of Representatives will soon pass this These conferences were the first multilat- anti-Semitism trends. legislation, so that we can see the eral gatherings devoted solely to this subject Senior-level Department officials and offi- President sign the Global Anti-Semi- and also the first to deal with anti-Semitism cers travel from Washington to our posts in tism Review Act into law this year. We as a human rights issue. They have substan- Europe and Eurasia. They meet with rep- must do all that we can to move to- tially increased awareness of this serious resentatives of Jewish communities to dis- ward the goal of zero-tolerance of anti- problem and the need to take strong steps to cuss their concerns first-hand and to dem- Semitism in the world today. The deal with it. onstrate Washington’s strong interest. The United States also supports a third The Vienna and Berlin OSCE conferences United States must be the leader. anti-Semitism meeting, scheduled for 2005 in were largely the result of efforts by the I want my colleagues to know that I Spain, to assess implementation by member United States to have the OSCE focus on made a vow back in 1982 that if the states of the OSCE commitments. anti-Semitism. Secretary Powell addressed ugly head of anti-Semitism rose, I Public Diplomacy: Department officers the Berlin conference. would do everything in my power to regularly address this issue in speeches to The conferences and a decision by the De- make sure that we cut it off. foreign audiences, the American public and cember 2003 Ministerial Council led to the es- I want my colleagues to know this is in testimony before the Congress (see enclo- tablishment of an OSCE program to monitor a passion with me, and I hope it be- sure). The issue of anti-Semitism was a core and report on anti-Semitic developments in comes a passion with them. It is impor- component of testimony before the Congress the OSCE region. The Conferences also sen- on several occasions in recent months. sitized all of the participants to the reality tant to the world, and it is important Holocaust Task Force: In 2003–2004, the of the increased level of anti-Semitism in to the United States of America. United States chaired the Task Force for Europe in recent years and also generated The PRESIDING OFFICER. The Sen- International Cooperation on Holocaust Edu- considerable publicity on the issue. ator from Minnesota. cation, Remembrance and Research. This The Department of State also works as- Mr. COLEMAN. Mr. President, let me group now comprises 18 countries that pro- siduously to include this issue in resolutions start by thanking my colleague from mote understanding of the Holocaust as a of the United Nations and its subsidiary bod- Ohio for his passion and for his com- means to prevent a recurrence of the hatred ies. In 2003, the U.S. delegation succeeded in mitment on this issue. As you know, that resulted in that tragic event. getting language on anti-Semitism into the Speaking Out: Our Chiefs of Mission in Eu- UN Commission on Human Rights resolution my colleague from Ohio is very tena- rope and Eurasia are under specific instruc- on the Elimination of All Forms of Religious cious when he digs into something. It tions to be both vigilant and vocal in de- Intolerance. In 2004, the Department of State is easy in many ways, perhaps, for me nouncing anti-Semitism, and they do so. again succeeded in getting mention of the to speak about anti-Semitism. I am of Multilateral Efforts: The United States has issue in the resolution on the Elimination of the Jewish faith. It is a very personal been successful in including anti-Semitism All Forms of Religious Intolerance and also issue for me, but if we just talk about language in several resolutions of the United in the resolution on The Incompatibility be- it, it is not enough. Nations Commission on Human Rights tween Democracy and Racism. I have been through Yad Vashem, (UNCHR). We will continue to press for in- Mr. VOINOVICH. Mr. President, the which is the museum on the Holocaust clusion of such language at the UNCHR and United States Government should be elsewhere. in Israel. And there is part of Yad I hope this overview of Department of commended for the good work that is Vashem that is dedicated to the right- State efforts to combat anti-Semitism is being done to raise awareness regard- eous gentiles, those not of the Jewish helpful to you. Please do not hesitate to con- ing growing anti-Semitism, both at faith who showed great courage and at tact me if I can be of further assistance. We home and abroad. However, our work is times risked their lives and were out- want to work closely with you to end anti- not done. spoken in opposition to the Holocaust Semitism. Earlier this year, I introduced Senate and helped the Jewish people and other Sincerely, Bill 2292, the Global Anti-Semitism Re- victims of the Holocaust. MARC GROSSMAN. view Act of 2004. This legislation re- I have a deep and profound respect quires the State Department to en- THE DEPARTMENT OF STATE AND COMBATING for my colleague from Ohio for all that ANTI-SEMITISM hance its reporting on anti-Semitism he has done. That passion is real. It is worldwide. It requires the State De- The Department of State has been deeply reflected in all he does, and it is great- involved in combating anti-Semitism. Policy partment to submit to Congress a rely appreciated by all of us concerned level officials most frequently involved in port on anti-Semitism this November. about this issue. our efforts to stem the tide of anti-Semitism This report must include detailed in- Mr. COLEMAN. Mr. President, over include the Secretary, Deputy Secretary, formation for each country, including, 200 year ago, it was written: Under Secretary for Political Affairs, the As- first, a description of physical violence The condition upon which God hath given sistant Secretary for European and Eurasian against or harassment of Jewish people liberty to man is eternal vigilance; which Affairs, the Assistant Secretary for Democ- or community institutions, such as condition if he break, servitude is at once racy, Human Rights and Labor, the Special schools, synagogues, or cemeteries, the consequence of his crime and the punish- Envoy for Holocaust Issues and the Ambas- ment of his guilt. sador-at Large for International Religious that occurred in that country, and, sec- Freedom. ond, the response of the government of Mr. Jefferson came up with the short These officials regularly testify before the that country to such attacks; version: Eternal vigilance is the price Congress and make public speeches calling What are they doing about that? of liberty.

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.004 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9249 The message is clear and it is urgent. tion was a picture of Ariel Sharon eat- which have drawn attention to anti- We need to be constantly on the look ing the head of a Palestinian baby with Semitism and those that have led to out for hatred of any kind. And like a burning city in the background. the identification of anti-Semitism as the spouting of a dangerous weed, we ‘‘What’s wrong,’’ reads the caption, a specific human rights issue as well as need to deal with it when it is small ‘‘you’ve never seen a politician kissing a commitment to track anti-Semitic and before it grows. a baby?’’ incidents in order to build a better un- That is why a number of us have This is not humor, this is hate. derstanding of the problem. taken the floor to call attention to a Some will say, ‘‘Surely a person can French President Jacques Chirac, to disturbing rise in incidents of anti- criticize the policies of the Israeli gov- his credit, has said when a Jew is at- Semitism. This is not a fringe expres- ernment without being an anti-Sem- tacked in France, it is an attack on the sion of free speech. It is the leading ite?’’ And the answer is of course, yes. whole of France. He is right, not just edge of danger that has appeared all But when criticism of Israel is so because it is so morally repugnant to too often in the last 2,000 years of prevalent and one-sided, when fully target any one group for this kind of human history. one-third of votes at the U.N. General violence and hate but because Jews are One of the ironies of this subject lies Assembly criticize Israel and Israel the canary in the coal mine. Remem- in the word ‘‘anti-Semitic.’’ In common only, when a European public opinion ber, Hitler was not satisfied to simply usage it means prejudice or bigotry poll finds Israel to be considered the wipe out the Jews; he set his sights on against Jews. But when you look up top threat to world peace—ahead of the disabled, gypsies, Blacks, and oth- the root word ‘‘Semite,’’ you see it re- North Korea or Iran, when a U.N. con- ers. fers to members of the Jewish and Arab ference in South Africa on racism de- Let me reflect about the situation in the United States, particularly on our peoples. Strictly speaking to be ‘‘anti- volves into a diatribe against Israel— college campuses. College is supposed Semitic’’ could mean expressing hatred and only Israel, when even non-violent to be a place where young people are of Arabs. responses by the government of Israel exposed to diverse experiences and That illustrates an important point. to defend its citizens against terrorism other peoples. Tragically, anti-Semi- A statement of hatred against any are disparaged, then you have a prob- tism in America has found a home on group of people should be abhorred by lem. college campuses. There, anti-Semi- freedom loving people from every Natan Sharansky—a great man for tism at times is fashionable and politi- group. Because hatred has a way of his advocacy for the Soviet Jews and cally correct. We can forget about di- spreading and hurting people all today an Israeli government official— versity of opinion when it comes to around its intended target. has talked about three ways to deter- As Dr. King wrote in his famous let- Israel. mine whether criticism of Israel rises ter from the Birmingham jail, ‘‘Injus- On our campuses, anti-Semitism to the level of anti-Semitism. He talks tice anywhere is a threat to justice ev- looks like virulently anti-Israel profes- about three Ds: Demonization, double erywhere.’’ sors of Middle Eastern studies; harass- Six million Jews were killed in Eu- standards, and delegitimization: ment of Jewish students; pro-Pales- rope during the Holocaust. We vowed Demonization—when Israeli actions tinian rallies have crossed the line into we would never let it happen again. are blown so far out of proportion that anti-Semitism, with slogans like ‘‘Hit- But the new millennium has brought the account paints Israel as the embod- ler did not finish the job;’’ fliers around to Europe a wave of anti-Semitism un- iment of all evil; campuses depicting Palestinian chil- like anything we have seen since the Double Standards—when Israel is dren slaughtered according to Jewish 1930s. criticized soundly for things any other rites under American license; van- In France, which is home to Europe’s government would be viewed as justi- dalism of Hillel buildings at Rutgers in largest Jewish community—with about fied in doing, like protecting its citi- September of this year, at UC Berkeley 600,000—there have been and continue zens from terrorism; in the winter of 2002, at the University to be more anti-Semitic attacks than Deligitimization—a denial of Israel’s of Colorado in March of 2002 and again elsewhere in Europe. Just last month right to exist or the right of the Jewish in September of that year. the Jewish cemetery in Lyon was people to aspire to live securely in a The poster behind me is of a photo- spray-painted with swastikas, and homeland. graph taken at Cornell University: other anti-Semitic symbols. In Paris When European criticism of Israel is Weapons of mass destruction. Leader is this spring, a 12-year-old girl coming so one-sided and so filled with exag- a war criminal. U.N. resolution occu- out of a Jewish school was attacked by geration, it reflects a broader bias. And pies foreign countries, with a notation two men who carved a swastika into while this kind of criticism of Israel ‘‘bomb Israel.’’ her face. may not always equal anti-Semitism, It crosses the line. This is not about Excuses abound for the rise in Euro- it certainly creates an atmosphere that free speech. This is about hate. This is pean anti-Semitism: The changing de- tolerates and breeds anti-Semitism. not something we should see on college mography of Europe, as more Muslim In recent years, Europe has seen a campuses, but we do, far too often. immigrants arrive; anger about the re- marked increase in anti-Semitism, but That is unfortunate. That is wrong. newed Intifada between Israel and the Europe is not alone. Anti-Semitism A professor at UC Berkeley presented Palestinians; anti-Americanism or abounds in the Middle East. It abounds the following course description for a anti-globalism manifest as anti-Se- in the Nadrasas, the schools, that poetry class: mitic behavior; and a resurgence of teach hate. We have our own problems The brutal Israeli military occupation of Neo-Nazis and skinhead movements. here in the United States, particularly Palestine [ongoing] since 1948, has system- At the end of the day, though, there on our college campuses. And one of atically displaced, killed, and maimed mil- is simply no excuse. Anti-Semitism the deadliest acts of terror in South lions of Palestinian people. And yet from takes many forms: defaming of Jewish America remains the 1994 bombing of under the brutal weight of occupation, Pal- estinians have produced their own culture cemeteries; arson of synagogues and the AMIA Jewish Community Center in and poetry of resistance . . . This class takes Jewish schools; Holocaust denial or in- Argentina—a crime for which not one as a starting point the right of Palestinians adequate Holocaust education; biased perpetrator has yet been brought to to fight for their own self-determination. media coverage; and graffiti that says justice. That is for a poetry class. And the ‘‘Sharon=Hitler.’’ This comparison is The good news is that things in Eu- posting ends with the suggestion, not only grossly unfair to the Israeli rope have improved in the last year, ‘‘Conservative thinkers are encouraged Prime Minister, but more ominously and the key to that improvement is to seek other sections.’’ minimizes what Hitler did and stood leadership. In 2001 to 2002, anti-Semitic incidents for. Ominously in this country, we The Organization of Security and Co- at college campuses increased to a wor- have seen bumper stickers making operation in Europe has held important risome 24 percent, according to the similar comparisons with our Presi- conferences on anti-Semitism. My col- Stephen Roth Institute at Tel Aviv dent. league from Ohio has talked about University. The winning entry in the British Po- that, introducing into the RECORD I read an account of a Berkeley stu- litical Cartoon Society’s 2003 competi- some of the evidence of the works dent, Micki Weinberg, who was walking

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.018 S15PT1 S9250 CONGRESSIONAL RECORD — SENATE September 15, 2004 to campus September 12, 2001, the day cer in the human soul for a long time, would suggest to you, and all listening, after the horrific attacks on our Na- and that is anti-Semitism. Mr. President, that anti-Semitism is tion. At the entrance to the campus I learned at my mother’s knee to something of a barometer of the human there were huge sheets of blank paper fight against bigotry and discrimina- heart. And when we have those feel- spread out at an impromptu memorial tion. I am not Jewish. I was born into ings, we are on the wrong side. We need for students, faculty, and others to the Mormon faith to Mormon parents not have those feelings. We must not write thoughts. He saw a message writ- who in our history knew something of have those feelings because if too many ten in big letters. Micki Weinberg set persecution. In fact, many of my Jew- Americans do, the American Nation out to add his own thoughts, until he ish families are surprised to learn that will join other nations who turn on the saw one message written in big letters: extermination orders have actually State of Israel and the Tribe of Judah. ‘‘It’s the Jews, stupid.’’ been ordered before, even before the po- So, for me, I guess you can discern In closing, I return to the idea that groms that have beset the tribes of from my remarks this is a principle of hatred against Jewish people is every- Judah. They were once issued by a faith, it is a belief that I hold deeply, one’s concern. I was in Israel a couple Governor of Missouri on the Mormon that part of my public service has, as a weeks ago. The vision that this Presi- pioneers, and they set about extermi- cornerstone, friendship to the Jewish dent has and so many have had is nating them and drove them literally people. So as I contemplate what is Israel living side by side with a Pales- from what was then the United States. happening in the world today, as na- tinian state, people free to live their So as a young boy, I had an interest tions turn against Israel again, I am lives and raise their families and grow in history. I would watch newsreels of determined to push back. And I am de- up with the sense of safety and secu- what had recently happened in Ger- termined to speak out against vicious rity. That is what it is about. Safety many to the Jewish people. I had a par- lies that have been told for centuries and security is a prelude to peace and ticular sensitivity to that and, again, against the Jewish people. I would like people living together, but the level of learned from my mother to befriend to share a few of them with you. hatred, which in the end is a denial of the children of Israel. I touched briefly upon the depravity But what besets the human heart in the existence of Israel, simply goes too of the Second World War, that resulted the form of anti-Semitism is ancient in far. That level of hatred is spread in the misery and death of 6 million its origin, even prophesied in Jewish throughout Europe. It has spread to Jews. Yet that spirit that led to such a history and Scripture. This morning, college campuses. It is wrong. policy exists in some places even still. as I contemplated Rosh Hashanah, The Reverend Martin Niemoller was Unfortunately, it exists in many of the which is the new year, the beginning of lands of the Middle East. a Lutheran pastor living in Germany in the world in the Jewish calendar, I the 1930s. His words should be taken to Let me give you a few examples. turn to a verse of Scripture that I re- In November and December of 2002, heart by all: member reading many times through- Egypt aired on state television a series First they came for the Communists, and I out my life, and that is in the 49th based on the forged and notorious anti- didn’t speak up, because I wasn’t a Com- chapter of Genesis where the prophet munist. Then they came for the Jews, and I Semitic tract, the so-called ‘‘Protocols didn’t speak up, because I wasn’t a Jew. Jacob is giving blessings to his twelve of the Elders of Zion.’’ The ‘‘Protocols Then they came for the Catholics, and I sons. We know the names of Abraham, of the Elders of Zion’’ is a fraudulent didn’t speak up, because I was a Protestant. Isaac, and Jacob, and Jacob had four document that reported the alleged Then they came for me, and by that time wives. His first wife was Leah, and proceedings of a 19th century con- there was no one left to speak up for me. Leah bore him a number of sons, but ference of Jews during which they dis- We have seen genocide in Europe. We one of them was named Judah. The cussed plans to overthrow Christianity have seen it in Rwanda. We are seeing blessing that Jacob gave to Judah is and control the world. It has been prov- it today in Sudan. We need to speak up very instructive. He says: en a fraud time and again. Yet some against hatred wherever it rears its Judah, thou art he whom thy brethren governments of civilized nations con- head because it literally threatens ev- shall praise: thy hand shall be in the neck of tinue to propagate this heinous lie. thine enemies; thy father’s children shall The Saudi Government daily news- eryone. The question is, How do we get bow down before thee. the hate genie back in the bottle? The Judah is a lion’s whelp: from the prey, my paper Al-Riyadh, in a March 2002 arti- genie is out. There is too much hatred. son, thou art gone up: he stooped down, he cle titled ‘‘The Jewish Holiday of We see it all around us. We see it cer- couched as a lion, and as an old lion; who Purim,’’ charged that Jews used the tainly in what we are seeing today shall rouse him up? blood of non-Jewish youngsters in pre- with anti-Semitism. We are seeing it The sceptre shall not depart from Judah, paring their pastries for the Purim hol- nor a lawgiver from between his feet, until on the American political scene. We iday. Shiloh come; and unto him shall the gath- To be precise, the columnist writes: have to get the genie of hate back in ering of the people be. the bottle. We can do it by educating. Before I go into the details, I would like to If you can break down that language, clarify that the Jews’ spilling human blood We can do it by strengthening our fam- you will understand that Judah was a ilies. We can do it by strengthening our to prepare pastry for their holidays is a well- leader among the sons of Jacob, and in established fact, historically and legally, all faith, by doing what we are doing this patriarchal blessing he was given a throughout history. This was one of the today, speaking out on the floor in the leadership role, and he was to be, and main reasons for the persecution and exile hallowed Halls of this great institution his descendants, something of a thorn that were their lot in Europe and Asia at and telling the people of this country in the neck of his enemies. various times. and telling the people of this world The Torah is full of promises, pre- That is a hideous lie. Yet it is re- that anti-Semitism is wrong, that we dictions, prophecies of the Diaspora, of ported in a newspaper in Saudi Arabia. must do all in our power to speak out the affliction of the Tribe of Judah. In- Also reported in this same paper, Al- and make sure it stops. And when it deed, there are places in the Torah Riyadh, a Saudi Crown Prince re- does, the world will be a safer and bet- where it says that all nations will be marked to a gathering of leading gov- ter place. turned against Israel. The question for ernment officials and academics in I yield the floor. us, as human beings and as Americans, Jeddah that ‘‘Zionists’’ and ‘‘followers The PRESIDING OFFICER. The Sen- is, do we turn against Israel? of Satan’’ are to blame for recent ter- ator from Oregon. I have regarded it as one of the im- rorist attacks in the kingdom of Saudi Mr. SMITH. Mr. President, I am portant cornerstones of American for- Arabia, in particular, a May 1 terrorist pleased to be in the Senate today with eign policy, that since the Holocaust in attack on foreign oil workers in the my colleague, NORM COLEMAN. NORM is the Second World War, the American city of Yanbu that killed 6 people and one of my esteemed new colleagues and Nation has stood by the Tribe of Judah injured 25. can speak with considerable insight on in the form of the State of Israel, de- This was done by al-Qaida, not the the issue of anti-Semitism, as he hails fended its right to exist, and been an Jews. Yet a Crown Prince of Saudi Ara- from the Jewish faith and genealogy. I ally to it in its darkest days. bia felt to blame it on the Jews. Spe- honor him for being down here speak- The feelings of anti-Semitism in this cifically, the Crown Prince said: ‘‘Zion- ing about an issue that has been a can- world, they ebb and they flow. But I ism is behind everything.’’

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.020 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9251 Another issue, a journal titled ‘‘The state, how will they be able to convince the time to think about ways we can Muslim Soldier,’’ which is published by their populations that peaceful coexist- promote understanding and accept- the Religious Affairs Department of ence with Israel is an appropriate ance. the Saudi Armed Forces, recently con- course of action? How will they expect The PRESIDING OFFICER. The mi- tained an article claiming: their children to live in harmony with nority leader. The majority of revolutions, coups d’etat, their Jewish peers? How will they ever f and wars which have occurred in the world, reconcile their malevolent views of the ROSH HASHANAH those that are occurring, and those that will Jewish people? occur, are almost entirely the handiwork of State-sponsored anti-Semitism Mr. DASCHLE. Mr. President, this the Jews. They turned to [these methods] in around the world is a sinister fact with evening, Jewish families and commu- order to implement the injunctions of the potentially devastating consequences. nities will come together to celebrate fabricated Torah, the Talmud, and the ‘‘Pro- We must work tirelessly to highlight Rosh Hashanah, the Jewish New Year, tocols [of the Elders of Zion],’’ all of which and offer their prayers for a sweet and command the destruction of all non-Jews in its insidious nature at every opportunity. And there are many friends in peaceful year ahead. order to achieve their goal—namely, world Growing up in Aberdeen, my family domination. the Jewish community who ought to be thanked for their efforts to try to stem was close to three Jewish families, the Again, these are disgusting lies that Franks, Feinsteins, and the Preds. are propagated supposedly by Syria’s the tide of anti-Semitism: Specifically, Jess Hordes and Abe Foxman at the They introduced me to the Rosh Ha- people. shanah celebration. I have always re- The author of an article in an Egyp- Anti-Defamation League for their work on this vital front as well as many of membered the warmth of their celebra- tian Government daily titled ‘‘The Lie tion as well as the generosity and About the Burning of the Jews’’ de- my colleagues here who stand in the Senate to bring attention to this issue. friendship they offered to a young fended his piece on Egyptian television Catholic boy growing up in the neigh- by saying: Anti-Semitism cannot take root unless it starts in our hearts individually. borhood. This article was scientific research, which I wanted to take this opportunity to relied on many European and American If it starts in our hearts individually, it goes to our homes, our neighbor- extend my wishes for a Shana Tova, a sources concerning this lie, one of the lies good year, to my friends in the Jewish upon which the State of Israel was estab- hoods, our schools, and then it hits lished—the lie about the burning of the Jews into our governments. That America community across the country and in the Nazis’ ovens. never be one of those governments around the world. This year, Rosh Hashanah arrives at I have been to those ovens. I have turned against Israel is my hope and an auspicious anniversary. This month, been to Auschwitz. I have seen the pic- my prayer. we mark the 350th anniversary of the tures. I have seen the ashes. Any rep- I yield the floor. Mr. BUNNING. Mr. President, as the first Jewish settlement in America. resentation like that must be refuted In September of 1654, a small ship Senate prepares to adjourn for the Jew- in places like this. carrying 23 Jews from Brazil arrived at And in Syria, according to the State ish holiday of Rosh Hashanah, I would the southern tip of Manhattan. Department’s 2003 International Reli- like to address a recent rise in anti-Se- They had been told of a new land gious Freedom Report, the: mitic events abroad. founded in the name of religious free- In the 50 years since the atrocities Government primarily cites tense rela- dom. So this small group of settlers set committed against the Jewish people tions with Israel as the reason for barring out across the ocean to find a home Jews from government employment and for in Europe during World War II, we have where they could live in peace and fol- exempting them from military service obli- seen other occasional incidents of anti- low the tenets of their faith and the gations. Semitism. While anti-Israelism and dictates of their conscience. Despite the fact that state-sponsored anti-Semitism are regrettably still As has been the case with so many anti-Semitism is more prevalent in the commonplace in the Middle East, re- immigrants of every faith, from every Arab world, it unfortunately exists in cent events in France and Indonesia part of the world and every generation other countries as well. In certain have shown us these feelings of intoler- since, they found that home in Amer- states of India, schools are required to ance are on the rise internationally. ica. use textbooks that condone Nazism, in- Israel has a unique position in the Throughout the generations, the cluding detailing its achievements and modern world. Its cities and landmarks American Jewish community has been omitting any reference to Nazi exter- are sacred to Christian, Jewish, and a leader in the effort to ensure that the mination policies or concentration Muslims cultures. And today, as fundamental American value of reli- camps. throughout much of recorded history, gious freedom is honored and pro- In Belarus, anti-Semitic literature is it is a land struggling to find peace. tected. sold in government buildings and in Yet despite the conflicts of history and While the history of the American stores directly connected with the culture, Israel has had the courage to Jewish community offers this Rosh Ha- Belarusian Orthodox Church. stand strong with the United States of shanah a special sweetness, the Jewish The fact that this kind of hatred ex- America as an ally in the war on terror community and its friends welcome the ists in the hearts of some people is and a pillar of strength in an unstable High Holy Days with a certain anxiety, something that we unfortunately are region. as well. unable to control. But what we can do, Anti-Semitism, racism, and bigotry While Israel has taken important what we must do, is express our dis- all serve to undermine the efforts of steps toward increasing its own secu- taste and indeed our revulsion that peace loving people throughout the rity, Israeli families still live under the governments around the world feel it is world. These misguided prejudices are shadow of terrorism, and the Pales- appropriate to promote such hatred. chains that hold us back from com- tinian Authority has yet to take con- At the G–8 summit in Sea Island, promise and harmony. The people of crete steps to end the violence. Georgia, this June, President Bush America, Europe, the Middle East, and Just 2 weeks ago, two simultaneous reached out to our allies to establish a Southeast Asia should not accept the attacks by Hamas suicide bombers Partnership with the Broader Middle anti-Semitism that has become all too took the lives of 16 Israelis. It came as East and North Africa in an effort to prevalent in the world. As we work to- a terrible reminder of the fear that advance freedom, democracy, and pros- ward peace it is important that people continues to pervade the lives of perity in the region. I support the from all nations approach inter- Israelis. President’s approach for peace in the national relations with an open mind. In addition, friends of Israel have Middle East, and I believe it will only I am pleased that my colleagues in also watched with growing concern as occur if the countries at stake are the Senate have brought attention to Iran, which is sworn to the destruction working together. the growing problem of anti-Semitism of the Jewish state, takes steps toward So I ask, if governments are actively in the world today. As several of our becoming a nuclear power. supporting anti-Semitism and even, at colleagues celebrate the Jewish New The instability in Iraq, if not brought times, the destruction of the Jewish Year this coming week, let us all take under control, may one day threaten

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.023 S15PT1 S9252 CONGRESSIONAL RECORD — SENATE September 15, 2004 the stability of that entire region, in- village who suffers the loss of each of olence, and know how to help if they cluding Israel. his six children. His faith is shaken, see those signs. We have made At the same time, Jews throughout and he turns his back on his tradition progress. But there is more we need to the world have watched as the terrible and community. On the eve of Rosh do. specter of anti-Semitism re-emerges in Hashana, he sees a vision of his young- Each year, more than 1 million Europe. Jewish cemeteries have been est daughter who had died many years women in America are victims of do- vandalized. Synagogues and Jewish earlier, and his faith is restored. He im- mestic violence, and more than 3 mil- schools have been the targets of ter- mediately goes to the synagogue and lion American children witness domes- rorism. School children have been at- asks to speak. Because of the lunar cal- tic violence every year. Protecting the tacked for no other reason than they endar, Rosh Hashana always coincides victims of domestic violence is essen- were identified as Jews. with the new moon. So he asks, what is tial but it is not enough. Next year, At the recent Berlin Conference on the meaning of the fact that ‘‘the moon when Congress reauthorizes the Vio- Anti-Semitism held by the Organiza- is obscured on Rosh Hashanah?’’ lence Against Women Act, we need to tion for Security and Cooperation in The answer, he says, is that ‘‘on Rosh do more to prevent domestic violence, Europe, Elie Wiesel expressed the Hashana one prays for life, and life and to help the children who witness shock and surprise shared by many of means free choice, and freedom is mys- such violence. It’s the only way we will us who hoped that Europe could not so tery. . . . If hell and paradise were in ever break the cycle of violence. soon forget the history and lessons of the middle of the marketplace, every- In South Dakota, in Rapid City and the Holocaust. one would be a saint. on the Pine Ridge Reservation, a non- ‘‘Had any pessimist told me,’’ Wiesel ‘‘Of all the blessings bestowed on profit organization called Sacred Circle said, ‘‘that in my lifetime, I would hear man, the greatest lies in the fact that is helping to break the cycle of vio- stories of Jews in Berlin or Paris being God’s face is hidden from him. lence by providing domestic violence advised by friends not to wear a [skull- ‘‘Men are the children of the Al- prevention and intervention services. cap] in the street so as not to attract mighty, and He plays hide and seek There are similar organizations doing hostility and peril, I would not have with them. He hides His face, and the good work in communities all across believed it. But it now has become re- children seek Him, while they have America—native and non-native, rich ality.’’ faith that He exists.’’ and poor. Wiesel concluded by warning the con- In a way, the search that Singer On this 10th anniversary of the Vio- ferees that ‘‘the history of Nazism speaks of connects us all. Individually lence Against Women Act, we thank teaches us that hatred is like cancer. It and as a nation we try to find the wis- those organizations for the life-saving often grows underground, and when de- dom and the courage to do what is work they are doing. We acknowledge tected it is too late. If unchecked im- right, and to extend justice here at the victims and survivors of domestic mediately, it will invade its natural home and throughout the world. violence. And let us also vow to do surroundings. What began in the mind The way may not always be clear. will destroy the brain. Then the even more to finally break the cycle of But alongside our friends in the Jewish heart.’’ domestic violence. The OSCE’s Berlin Declaration, call- community, this Rosh Hashana we can I yield the floor. ing for a coordinated, international re- recommit ourselves to creating a world The PRESIDING OFFICER. The Sen- sponse against the crimes of anti-Semi- where no one, anywhere in the world, ator from Massachusetts is recognized. tism and racism, was an important suffers the kind of persecution and vio- f lence that led that small band of Jew- step forward for Europe and the world. ROSH HASHANAH AND HOPE But its words must be backed with real ish settlers to flee half way across the world more than 350 years ago. The Mr. KENNEDY. Mr. President, it is action and commitment. entirely appropriate that the Senate It is not enough to speak out against memory of their voyage and the begin- pause today at the celebration of Rosh racist attacks. Wherever the crime of ning of Rosh Hashana remind us of this Hashanah. This, the people’s body—the anti-Semitism is committed, the world historic aspect of our Nation’s role in House of Representatives and the Sen- has a shared responsibility to ensure the world, and call us back to our duty. ate—demonstrate their great respect the perpetrators are punished. f for a very important Jewish holiday Therefore, I have asked the U.S. VIOLENCE AGAINST WOMEN ACT Commission on International Religious that symbolizes so much that is impor- Freedom to follow through on each of Mr. DASCHLE. Mr. President, today tant not only in terms of their faith, the recommendations of the Berlin marks the 10th anniversary of the Vio- but also underlies a very important Declaration. lence Against Women Act. We are also value and spirit of this country, and In addition, later today Senator coming up on the 2nd anniversary of that is the spirit of hope and optimism, DODD and I will send a letter to the the loss of two champions of the fight portrayed by the dipping of apples into Commission calling on it to investigate to end domestic violence. honey, symbolizing that one is going to why 10 years after the bombing of the Senator Paul Wellstone was a key have a better, more hopeful, and sweet- Jewish Community Center in Buenos leader in the bipartisan effort to pass er year. It is a message of hope, and it Aires, none of the terrorists respon- the Violence Against Women Act. And, reminds us of a long tradition that sible have been brought to justice. as she was in every great cause he took hope is deeply rooted in a spiritual set- The United States must make a clear on, Sheila Wellstone was Paul’s indis- ting. It is entirely appropriate for us as statement. If you wish to be a member pensable partner. Paul and Sheila’s a nation as well to share that sense of the family of nations, you cannot commitment to ending domestic vio- with our Jewish friends, and also draw turn a blind eye to the violence of anti- lence continues today through the lessons from that very special occa- Semitism and racism. work of Wellstone Action and the Shei- sion. We are all bound by a common obli- la Wellstone Institute. This morning, So I pay tribute to all of our friends gation to fight for justice and to fight Paul and Sheila’s work was recalled at who are celebrating this spiritual holi- for peace. And in a way, Rosh Hasha- a gathering here in the Capitol of peo- day today and thank them again for re- nah can serve as a reminder of these ple who are working to protect Amer- minding us as a nation and reminding shared responsibilities. ica’s families from domestic violence. the world of that extraordinary spirit, This year also represents another an- We applaud them. which is reflected in that tradition and niversary celebrated by Americans and Much good has come about because of which is symbolized today in Israel in the American Jewish community in the Violence Against Women Act. its continued struggle for existence and particular. 2004 marks the centennial There are more domestic abuse hot- for religious liberty. of the birth of one of America’s great- lines today than there were 10 years Mr. President, I speak today about est writers and storytellers, Isaac ago, and more shelters. There are more this issue of hope, and where it is and Bashevis Singer. doctors, nurses, therapists, teachers, where it is not in terms of our own so- In a story entitled, ‘‘Joy,’’ Singer police officers, judges and others today ciety, and what I think we should be tells of a Rabbi from a small Russian who recognize the signs of domestic vi- attempting to do about it.

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.025 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9253 I believe we ought to take a look at Yet we hear time and again that the facturing jobs. Now they want to call what is being represented to the Amer- economy is getting stronger and the e-Bay traders an economic indicator. ican people, particularly on the issues economy is getting better. The Presi- No wonder the Vice President told a of the economy. Under our constitu- dent says that time and again. He said crowd of workers in New Hampshire tional system, we are in a period where it just this last week. If you look at last week: We think we are on the right we will be making judgments as to the this, he said: track and we are headed in the right course we are charting for the future. I The economy of ours is strong and it’s get- direction. believe, on the one hand, that we do ting stronger. Tell that to the more than 8 million have a road toward hope, particularly He said that on September 13 in Mus- Americans who are currently unem- for working families. I think the last 3 kegon, MI. Since Bush took office, we ployed, and tell that to the 1.6 million years has been a road of burden and a have seen 250,000 jobs lost in Michigan, long-term unemployed who have been quaky road for hard-working Ameri- and 80,000 jobs lost in Colorado. This out of work more than 6 months, more cans. idea about the economy getting strong- than double when the President took I review the record for the Senate er has been repeated time and again office. again and for the American people as over the course of this last year. We have to look at these employment we are looking forward to these next 6 The President said there would be figures and what has happened over the or 7 weeks and making judgments and tax cuts for the middle class and then recent year. This chart shows the job decisions about the direction that we gave the tax cuts to the wealthy. He growth of this President, which is the should follow. I don’t think it is any- said those tax cuts were for economic worst since World War II. These are the where clearer than in the state of our stimulus, but we know if the President total job recoveries. This blue line is economy and what has happened to av- had spent the $700 billion on programs before 1991. This green line is an indi- erage working Americans in our Na- such as unemployment insurance, tax cator of what happened with job tion. There has been an economic cuts for low-wage workers who really growth from 1991 to 1993, and the red squeeze that has resulted in American need it, instead of giving the $700 bil- line is the current recovery. This is all families working harder, working lion in tax breaks to the wealthy, 2 from the Bureau of Economic Analysis. longer, and falling further and further million more Americans would be em- These are all solid figures. The fact is, behind. It doesn’t have to be this way. ployed today, and economic growth we are growing in employment at a We have seen at other times when we would have been twice as fast. slower rate. have had Presidential leadership, You cannot believe this administra- Let’s just take the total number of where we have had the strong, expand- tion on the economy, and you cannot jobs in our country in the private sec- ing, and growing economy, with eco- trust them to do the right thing for the tor. In January 2001, there were nomic growth and price stability, and middle class. Middle-class working 111,609,000 jobs. As of August 2004, 1.7 families are being squeezed in every di- the reduction of unemployment. We million jobs have been lost from 2001 to rection by the Bush economy. And the have seen it in most recent times under 2004, and yet we have this administra- ability of American families to live the President Clinton. We saw it in the tion saying the economy is strong, the American dream is increasingly out of early 1960s under President Kennedy economy has never been better, the reach with each passing year as they prior to the time of the Vietnam war economy is getting stronger. find it harder and harder to earn a liv- What planet is this President living buildup in the latter part of the 1960s. Really, the issues of economic ing, pay a mortgage, pay rent, pay on? Let’s look at what has happened in growth, price stability, and economic their medical bills, their food and en- terms of the jobs that have been cre- expansion is directly related to Presi- ergy bills, and still send their sons and ated. Let’s look at what the pay was dential leadership. What is happening daughters to college. Yet we keep hearing only happy talk for the jobs that have been replaced. to the middle class today is an extraor- from the administration. As I men- Mr. President, $51,270 is the average dinary set of pressures on working tioned, in Muskegon, MI, the President pay for industries that are losing jobs. Americans that is giving them an ex- praised the economy: This economy of The new jobs, those in growing indus- traordinary squeeze in terms of their ours is strong and getting stronger. tries, pay 41 percent less. So here we sense of hope and optimism in terms of But still we have seen the loss of jobs. have a record that is indefensible in the future. I have reviewed, in the Michigan is one of 44 States that has terms of the number of jobs that are course of my discussions yesterday, higher unemployment today than when out there in the private sector, in par- what is happening in terms of the the recession began. ticular, and then when we look at what health care crisis—the fact that pre- A week and a half ago at the Repub- the salaries are for people who are miums in the area of Medicare have in- lican convention, the President said: working, we find out they are getting creased fivefold, five times the increase We have seen a shaken economy rise to paid less when health care costs are that seniors are receiving in their So- its feet. Our economy is growing again, going through the roof, tuition is going cial Security from their COLA bene- creating jobs. Nothing will hold us through the roof, and rent is going fits. As a result, the pressure is going back. But since the President took of- through the roof. onto our seniors. But if we look at this fice, the overall number of jobs in the What does this mean in real terms? chart, which is a reflection of the last economy has fallen by 900,000. Since What is happening to American fami- year, we will find that health insurance many of the new jobs created are in the lies? What with all of these statements premiums—this is as of July 2004. We public sector, the private sector is that are being made by this President have also seen in the last month that down even more, 1.7 million jobs, and and the Vice President out on the cam- this figure is 11.2 percent for employee- manufacturing has been especially paign trail, let’s just look at what has provided coverage. But in this year, hard hit, 2.7 million jobs. President been happening in our country over the private health insurance premiums Bush has the worst job record of any last 3 years. have gone up 8.5 percent; the cost of administration since the Great Depres- There are 13 million children hungry tuition this year is up 14.6 percent; sion. or on the verge of hunger, 8 million housing is up 7.7 percent; and what has Vice President CHENEY has a novel Americans unemployed, and nearly 3 happened to wages of workers in real approach to the economy. He said the million have lost unemployment bene- terms is that they are down .9 percent. lackluster economic indicators do not fits since the Republicans ended the Workers are working longer, families reflect reality because they do not in- program with $20 billion in surplus in are working harder. Nonetheless, when clude the hundreds of thousands who the unemployment compensation fund you take the indicators, they need the make money selling on e-Bay. That is that these workers paid into. health insurance. And more often than a source that did not even exist 10 Do you hear me? These workers paid not, they have children they are trying years ago. CHENEY told an audience in into that fund, and this administration to educate, and they are finding college Cincinnati last week that 400,000 people is denying them the ability to draw on tuition going up and the cost of hous- make some money trading on e-Bay. it. That is the 3 million who have lost ing is increasing, but their wages are First the Bush administration tried unemployment benefits and, oh, yes, not. to count hamburger flippers as manu- the economy is getting better.

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.027 S15PT1 S9254 CONGRESSIONAL RECORD — SENATE September 15, 2004 We have 7 million low-wage workers guess what. It is just what the adminis- know, maybe it is a little bit less in who have been waiting 7 years for an tration did. some other parts of the country, but increase in the minimum wage—7 The list goes on. We have other how in the world, when one is making years. I noted last night when I was charts that indicate for other indus- $5.15 an hour, does a family or a single watching the news that the House of tries as well. That is illustrative. We mom afford a gallon of milk in order to Representatives, under the Republican have 4.3 million more Americans living provide for their child? How do they do leadership, just voted itself another in poverty. that with milk prices going up? These pay increase, the seventh pay increase There are 800,000 more children living are the real economic indicators. since the last time we increased the in poverty today than 2001, 4.3 million That is why the credibility of this ad- minimum wage—seven pay increases. more Americans in total living in pov- ministration, when it says everything We cannot even get an up-or-down erty. They are against any increase in is rosy, the economy is fine, is no bet- vote on minimum wage because of the the minimum wage, cutting back on ter than it was when it misrepresented Republican leadership in the Senate of the unemployment compensation that the facts in Iraq. They misrepresented, the United States and because of the could help these families transition, distorted, deceived the American peo- Republican President. It has only been pay their mortgages, pay their bills. ple as to what was happening in Iraq in the last few years that this has be- No, we are cutting that out. These are and brought us into the terrible quag- come a partisan issue. President Nixon hard-working Americans who paid in. mire we are facing today, and the same voted for an increase in the minimum No, they are not going to get that. is true with regards to the economy. It wage. President Bush 1 voted for an in- That is what they have done. But, no, is incompetency, and that is what has crease in the minimum wage. President the economy is strong and getting been happening. Reagan voted for an increase in the stronger. Yet there are 4.3 million Well, we can say, all right, Senator minimum wage. But not President more Americans who are living in pov- KENNEDY, look, there has certainly Bush 2. No, no, we are not going to per- erty, 800,000 of them children. been some increase for the workers mit an increase in the minimum wage. I have given the example of what was with jobs. Well, let us look at produc- We are going to give tax breaks to happening for individual jobs, for con- tivity. Let us look at the American wealthy individuals but nothing in tracting industries and expanding in- workers. Is it the American workers’ terms of an increase in the minimum dustries, the disparity in payment in fault? wage. the new jobs. This also affects the This chart is from the Economic Pol- And 6 million workers have lost over- household income because we know icy Institute, their analysis of data time protections, and in spite of the now that many more women are work- from the Bureau of Labor Statistics. fact that a bipartisan coalition in the ing and they are participating in the This is what is happening from 2001 House of Representatives and the Sen- market, too. So is it not fair to say, let through 2004 in the areas of produc- ate of the United States rejected that us look at what has happened in house- tivity and wages. Historically, when we policy, they still have gone forward hold income? have had an increase in productivity, with it. This chart shows the votes on Remember the first chart that we have seen wages go up. I can put overtime protection. The Senate voted showed health care going up through five more charts up going on back to September 10, 2003, to reject the re- the roof, that showed tuition going up the postwar period and they would all strictions on overtime advanced by the through the roof, that showed rent or reflect the fact that with increase in administration. The House voted on housing going up through the roof? productivity, there are increased October 2, 2003, 221 to 203. The Senate This is what has happened now. In the wages, but not under the Bush adminis- voted May 4, 2004, 52 to 47. The Senate year 2000, median household income in tration. Workers are more productive voted on May 4, 99 to 0. The House the United States was $44,853. The me- today than they have ever been, but do voted on September 9, 2004, 223 to 193. dian income in 2004 is $43,318. It is a my colleagues think that has been re- The House of Representatives in a bi- drop of $1,500 for average working fami- flected in wages? Absolutely not. Why? partisan vote and the Senate in a bi- lies in America. That is last year, and No overtime, cutting back on the over- partisan vote said no, and still they are this year it goes down even further. time. And because of the minimum going ahead. And the President says And everything is fine for working wage, failing to get the bump for those they are the friends of working fami- families, for middle-income families? who are working at the lower wage. lies? The same administration, again, is This productivity represents the great- We heard the administration trying against increases in minimum wage, est gap we have had since the Great to defend this overtime restriction that unemployment, and against overtime. Depression, and there is a squeeze on it has been long overdue and it will This is what results. They are shipping the wages of the American economy. provide greater relief for lower income jobs overseas, and they support a Tax But, no, no, this economy is strong and working families; they will have great- Code that the administration knows getting stronger. er stability in their pay increases, and has loopholes which they refuse to Well, it is for some in America, and this is a simplification of the rules. Al- close down. This is what is happening. this chart indicates who the economy ways look out when you hear that kind Let me give a couple of other indica- is getting strong and stronger for. All of chatter. Always look a little behind tors of what is happening to middle-in- one has to do is look at this chart from the rationale for taking such policy. come families. Look what has hap- 2001 through 2004 and see where the Look at this: pened to gasoline. I do not know how it workers’ efforts are going. I just The National Restaurant Association re- is in South Carolina, but I know how it quests that the Department of Labor include showed what was happening in produc- chefs under the creative professional cat- is in Massachusetts, and that is that tivity. Well, look what has happened. egory as well as the learned professional cat- many workers have to drive many Corporate profits, their share has gone egory. . . . miles in order to get employment. That up 65 percent. They have effectively That was from a National Restaurant has been fairly consistent. We had swallowed up all of the productivity. Association letter to the Department great pockets of significant unemploy- Do my colleagues think they have of Labor. Here we have the National ment for years. The interstate system shared it with the American workers? Restaurant Association urging the ad- and rail have opened up some hope and Absolutely not. They have sucked all ministration to restrict the coverage of some opportunities, and here we find of that productivity up in these cor- overtime in terms of those who are out what has happened with gas. Gas porate profits. What does the adminis- working in the kitchen. has gone up 23 percent in 2004, and the tration say? Look, the economy is get- The Department concludes to the extent a wages again are down. They pay more ting along fine. It is working well. It is chef has primary duty of work requiring in- in terms of gas. strong and it is getting stronger. As a vention, imagination, originality or talent, One of the most extraordinary things result of this, it is no mystery about such chef may be considered an exempt cre- that absolutely amazes me is what has what has been happening in America. ative professional. happened to milk. When I was home in This shows the pay of the average Here is the association asking the ad- Massachusetts a week ago in a grocery CEO. We now have the highest paid dis- ministration to restrict overtime, and store, milk was $4.11 a gallon. I do not parity between CEOs and the average

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.029 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9255 worker. The average worker makes It is a civil rights issue because so There is a basic limitation on Amer- $26,000, and the difference is 300 times, many of those who work at the min- ican people being able to buy into the and that is what is happening. imum wage are women of color. Wom- kind of health care program that every I will show what has happened his- en’s issue, children’s issue, civil rights Member of the Senate and House has. I torically when I was talking about the issue—but most of all, it is a fairness wonder how many of those people, the increase in productivity, and then what issue. What the American people un- 3,000 or 4,000 people out there listening we have seen is the increase in cor- derstand is fairness. What the Amer- to the President, have the same kind of porate earnings that has reached the ican people understand is, if people are benefit program we have? We pay a 25- record figures. Look what happened ready to work 40 hours a week, 52 percent premium and the taxpayers during the average last eight recov- weeks a year, they should not have to pay 75 percent. Wouldn’t every Amer- eries: Corporate profits went up 14 per- live in poverty and their children ican like that one? cent, wages 8.6 percent. That is what should not have to live in poverty, ei- If we are so concerned about the Fed- has happened really over the period of ther. eral employees’ health insurance, let’s the last 50 years—the corporate profits Oh, no, says President Bush. Oh, no, give it up and go back, like every other went up and wages went up. says President Bush. Oh, no, says the American, except those 11 million or 12 Look what has happened in the cur- Republican leadership. You can’t even million of us who are able to get in the rent recovery. Corporate profits are up have a vote in the Senate. When we of- Federal employees’ program. How 39.6 percent, and workers’ wages lost fered that minimum wage increase on about it? Not a chance. five-tenths of 1 percent. Oh, the econ- the State Department reauthorization, So until you do, let’s be easy in char- what did our Republican friends do? omy is fine. acterizing JOHN KERRY’s program. Here Does it begin to have a ring, I say to No, no, we are not going to vote; we are it is: creation of jobs, cut middle-class my friends? Take any indicator— scared of that. We pulled the bill. We health care costs, restore America’s wages, productivity, what is happening pulled the bill, so you are denied the competitive edge, cut the deficit, re- with minimum wage, unemployment opportunity to vote on it. store economic confidence. I will not America, do you hear me? That is compensation, and overtime—take any read through it. this Bush administration and that Re- indicator in terms of where working Mr. President, I ask unanimous con- publican leadership. They are saying: families are in this economy and they sent that this article be printed in the Oh, the economy is fine. Everything is are falling further and further behind. RECORD. fine. This is a wonderful economy, One of the areas that I feel so strong- There being no objection, the mate- growing stronger. What about those 7 ly about is the issue of the increase in rial was ordered to be printed in the million men and women at lower level the minimum wage. I have been proud RECORD, as follows: to be a sponsor of the increases since I jobs? What about those who have been on unemployment? What about all [From the Wall Street Journal, Sept. 15, arrived in the Senate in the early 1960s. 2004] those who have given up? We thought We have had some success, in a bipar- we were one country with one history MY ECONOMIC POLICY tisan way, trying to get the minimum and one destiny. Oh, no. (By John Kerry) wage up so people do not have to live in I have described some of what I think As I travel across this country, I meet poverty. Without the increase in the are the basic failings of the current ad- store owners, stock traders, factory foremen minimum wage, it is now at $5.15. Its ministration. I want to include in the and optimistic entrepreneurs. Their experi- purchasing power by the year 2005 will ences may be different, but they all agree RECORD today the answers to many of that America can do better under an admin- put it at one of the lowest levels of pur- these failings that my friend and col- chasing power ever. istration that is better for business. Business league, Senator KERRY, has proposed. leaders like Warren Buffett, Lee Iacocca and Who are these workers with a min- He has done so during the course of the imum wage? These are proud men and Robert Rubin are joining my campaign be- campaign. It is on the Web site. He has cause they believe that American businesses women, men and women of dignity. outlined in great detail today in Cobo will do better if we change our CEO. They clean out the great buildings of Hall in Detroit. The article is in the Since January 2001, the economy has lost American industry every day. They are Wall Street Journal today, ‘‘My Eco- 1.6 million private-sector jobs. The typical assistants to teachers in urban and nomic Policy.’’ He outlines what he family has seen its income fall more than rural areas all across this country. $1,500, while health costs are up more than will do to create jobs. He understands $3,500. They work at nursing homes, looking middle-class taxes and their health after our parents. Our parents are in Today, American companies are investing care costs. less and exporting less than they were in these nursing homes. These minimum I read into the RECORD yesterday 2000—the first time investment and exports wage workers are men and women of what President Bush had to say about have been down during any presidential term dignity. They have not gotten any in- health care. I am sure he meant it in a in over 70 years. At the same time, our trade crease over the period of the last 7 flattering way. He said, out in Michi- deficit has grown to more than 5% of the years, in spite of the fact we in the gan: And JOHN KERRY has a program economy for the first time ever, a trouble- Congress have voted ourselves pay in- that is going to be costly. What can some and unsustainable development. creases six times, and more recently in The economy still has not turned the cor- you expect from a Senator from Massa- ner. Over the last year, real wages are still the House seven times. Over $20,000 for chusetts? Ha-ha-ha. And he got some down and even the jobs created in the past 12 the individual Members of the House laugher out in the audience on that months represent the worst job performance and Senate, but we cannot get a vote part. for this period of a recovery in over 50 years. on raising the minimum wage in the I will tell you what I care about in Indeed, the total of 1.7 million jobs created Senate. health care, having battled for it for 30 over the last year is weaker than even the The issue of minimum wage is a years, and that is every American have worst year of job creation under President women’s issue, because the great ma- the same kind of health care as Presi- Clinton, and below what is needed just to jority of those who receive minimum dent Bush has. That is what I care find jobs for new applicants entering the wage are women. The great majority of work force. about. That is what JOHN KERRY cares Forty-three months into his presidency, the women who receive the minimum about. You can distort it, misrepresent George Bush’s main explanation for this dis- wage have children, so it is a women’s it, which President Bush did, and then mal economic record is an assortment of issue and a children’s issue. It is basi- differ with it, which he did as well. blame and excuses. Yet what President Bush cally a family issue. That is an easy debate technique that cannot explain is how the last 11 presidents We hear a lot of rhetoric here about is used around here frequently. Let’s before him—Democrats and Republicans— family and family values. The min- recognize it for what it is. Distortion, faced wars, recessions and international cri- imum wage is a family issue. Will these misrepresentation—does this have a ses, and yet only he has presided over lost women, single women for the most ring to it? You didn’t get the facts jobs, declining real exports, and the swing from a $5.6 trillion surplus to trillions of dol- part, be able to see their children? No, when he came to Iraq, why in the world lars of deficits. they have to get two or three jobs. should you believe it when they distort While the private sector will always be They are lucky if they see their chil- and misrepresent JOHN KERRY’s health America’s engine for innovation and job cre- dren at all. It is a family issue. care program? ation, President Bush has failed to take any

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.031 S15PT1 S9256 CONGRESSIONAL RECORD — SENATE September 15, 2004 responsibility for missing opportunities to we will save employers and workers about not control spending, it will automatically strengthen the conditions for investment, 10% of total health premiums. be cut across the board. Second, I will re- economic confidence and job creation. Our hospitals and doctors have the best institute the ‘‘pay as you go’’ rule, which re- When the economy needed short-run stim- technology for saving lives, but often still quires that no one propose or pass a new pro- ulus without increasing the long-run deficit, rely on pencil and paper when it comes to gram without a way to pay for it. Third, I President Bush got it backwards, passing an tracking medical tests and billing. As a re- will ask for Congress to grant me a constitu- initial round of tax cuts that Economy.com sult, we spend over $350 billion a year on red tionally acceptable version of line-item veto found had no effect in lifting us out of reces- tape, not to mention the cost of performing power and to establish a commission to sion. He then passed more deficit-increasing duplicative or redundant tests. My plan will eliminate corporate welfare like the one tax cuts that Goldman Sachs described as modernize our information technology, cre- John McCain and I have fought for. ‘‘especially ineffective as a stimulative ate private electronic medical records, and I am not waiting for next year to change measure.’’ When small businesses and fami- create incentives for the adoption of the lat- the tone on fiscal discipline. Every day on lies needed relief from skyrocketing health- est disease management. the campaign trail, I explain how I pay for care and energy costs, he chose sweetheart And I won’t be afraid to take on prescrip- all my proposals. By rolling back the recent deals for special interests over serious plans tion drug or medical malpractice costs. We Bush tax cuts for families making over to reduce costs and help spur new job cre- will make it easier for generic drugs to come $200,000 per year, we can pay for health care ation. to market and allow the safe importation of and education. By cutting subsidies to banks With the right choices on the economy, pharmaceuticals from countries like Canada. that make student loans and restoring the America can do better. American businesses Finally, we will require medical malpractice principle that ‘‘polluters pay,’’ we can afford and workers are the most resilient, produc- plaintiffs to try nonbinding mediation, op- to invest in national service and new energy tive and innovative in the world. And they pose unjustified punitive damage awards and technologies. My new rules won’t just apply deserve policies that are better for our econ- penalize lawyers who file frivolous suits with to programs I don’t like; they will apply to omy. My economic plan will do the fol- a tough ‘‘three strikes and you’re out’’ rule. my own priorities as well. Cleaning up President Bush’s fiscal mess lowing: (1) Create good jobs, (2) cut middle- This plan will make our businesses more will not be easy, but to ensure a strong and class taxes and health-care costs, (3) restore competitive by making our health care more sustainable economic future we have to America’s competitive edge, and (4) cut the affordable. make the tough choices to move America’s deficit and restore economic confidence. Restore America’s competitive edge. Create good jobs. I strongly believe that America has fallen to 10th in the world in growing deficits back in the right direction. On Nov. 2 we will have a national share- America must engage in the global economy, broadband technology. Some of our best sci- holders meeting. On the ballot will be the and I voted for trade opening from Nafta to entists are being encouraged to work over- choice to continue with President Bush’s the WTO. But at the same time, I have al- seas because of the restrictions on federal funding for stem-cell research. President policies or return to the fiscal sanity and ways believed that we need to fight for a pro-growth polices that proved so successful Bush has proposed cutting 21 of the 24 re- level playing field for America’s workers. in the 1990s. You will choose. I am not trying to stop all outsourcing, but search areas that are so critical to long-term as president, I will end every single incentive growth. We need to invest in research be- Mr. KENNEDY. Mr. President, I want that encourages companies to outsource. cause when we shortchange research we to review again the circumstances we Today, taxpayers spend $12 billion a year to shortchange our future. are facing. We have many Americans in subsidize the export of jobs. If a company is My plan would invest in basic research and working families working longer and trying to choose between building a factory end the ban on stem-cell research. It would working harder. The fact is, Americans in Michigan or Malaysia, our tax code actu- invest more in energy research, including work longer and harder than people in clean coal, hydrogen and other alternative ally encourages it to locate in Asia. most of the industrialized world. We My plan would take the entire $12 billion fuels. It would boost funding at the National we save from closing these loopholes each Science Foundation and continue increases are one of the few—I don’t know an- year and use it to cut corporate tax rates by at the National Institutes of Health and other one—where we have seen real in- 5%. This will provide a tax cut for 99% of other government research labs. It will pro- come for working families drop, as we taxpaying corporations. This would be the vide tax credits to help jumpstart broadband have seen over the period of the last 3 most sweeping reform and simplification of in rural areas and the new higher-speed years. international taxation in over 40 years. In broadband that has the potential to trans- This is an indication of a failed and addition, I have proposed a two-year new form everything from e-government to tele- flawed economic policy. No matter how jobs tax credit to encourage manufacturers, medicine. I would promote private-sector in- many times you tell the American peo- other businesses affected by outsourcing, and novation policies, including the elimination ple that everything is rosy, that is small businesses that created jobs. of capital gains for long-term investments in American businesses are the most competi- small business start-ups. clearly not speaking about Main tive in the world, yet when it comes to en- To ensure we have the workers to compete Street. They may be talking about forcing trade agreements the Bush adminis- in an innovation economy, we need more Wall Street, but they are not talking tration refuses to show our competitors that young people to not only enter but complete about Main Street. we mean business. They have brought only college, we need more young women and mi- When we hear the Vice President say- one WTO case for every three brought by the norities to enter the fields of math and ing the lackluster economic indicators Clinton administration, while cutting trade science, and we need to make it easier for don’t reflect the reality because they enforcement budgets and failing to stand up working parents to get the lifelong learning don’t include the hundreds of thou- to China’s illegal currency manipulation. opportunities they need to excel at both sands who ‘‘make money selling on That not only costs jobs, it threatens to their current and their future jobs. erode support for open markets and a grow- Cut the deficit and restore economic con- eBay, that is a source that didn’t even ing global economy. fidence. When President Bush was in New exist 10 years ago,’’ and when they try Cut middle-class taxes and health costs. York for the Republican convention, he did to characterize flipping hamburgers as Families are being increasingly squeezed by not even pay lip service to reducing the def- ‘‘industrial jobs,’’ we are not getting falling incomes and rising costs for every- icit. His record makes even Republicans the real story. We are not getting the thing from health care to college. But spi- wary. From missions to Mars to a pricey real story on Iraq. We are not getting raling health-care and energy costs squeeze Medicare bill, President Bush has proposed the real story on health care. We are businesses too, encouraging them to lay off or passed more than $6 trillion in initiatives not getting the real story on edu- without paying for any of them. The record workers and shift to part-time and tem- cation. We are not getting the real porary workers. is clear: A deficit reduction promise from Under my plan, the tax cuts would be ex- George W. Bush is not exactly a gilt-edged story on the economy. tended and made permanent for 98% of bond. I hope the American people will pay Americans. In addition, I support new tax Americans can trust my promise to cut the careful attention over the next 6 weeks cuts for college, child care and health care— deficit because my record backs up my word. and try to understand the real story. in total, more than twice as large as the new When I first joined the Senate, I broke with When they do, I believe JOHN KERRY tax cuts President Bush is proposing. my own party to support the Gramm-Rud- will have their support. I have proposed a health plan that would man-Hollings deficit reduction plan, which Mr. KENNEDY. Mr. President, I sug- increase coverage while cutting costs. It President Reagan signed into law. In 1993, I gest the absence of a quorum. builds on and strengthens the current sys- cast a deciding vote to bring the deficit The PRESIDING OFFICER. The tem, giving patients their choice of doctors, under control. And in 1997, I supported the clerk will call the roll. and providing new incentives instead of im- bipartisan balanced budget agreement. posing new mandates. I will restore fiscal discipline and cut the The bill clerk proceeded to call the My health plan will offer businesses imme- deficit in half in four years. First, by impos- roll. diate relief on their premiums. By providing ing caps, so that discretionary spending— Ms. LANDRIEU. Madam President, I employers some relief on catastrophic costs outside of security and education—does not ask unanimous consent that the order that are driving up premiums for everyone, grow faster than inflation. If Congress can- for the quorum call be dispensed with.

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.012 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9257 The PRESIDING OFFICER (Ms. MUR- little better, with a little more energy, resents 60 percent of the entire Gulf of KOWSKI). Without objection, it is so or- with a little more focus to help the Mexico production. For the time being, dered. people in Louisiana and throughout the that has been shut down because of f gulf coast area. Not only do they de- Ivan. I have discussed with Members of serve our help, but because of the en- this Senate the importance of our MORNING BUSINESS ergy industry and the economic bene- LOOP facility. The Louisiana Offshore Ms. LANDRIEU. Madam President, I fits they bring to the whole country, Oil Port sits right out on the Conti- ask unanimous consent that there be a they not only need our help, they de- nental Shelf, near Port Fourchon Lou- period of morning business for debate serve our help. They deserve our atten- isiana, and is a superport responsible up to 90 minutes, with the first 45 min- tion. for the entrance of 1 million barrels of utes under the control of the Demo- As I have stated, the hurricane is to oil a day. cratic leader and the remaining time make landfall sometime in early We are in Iraq, in an important bat- under the control of the majority lead- Thursday morning, sometime between tle, but part of our objective there is to er or his designee. 1 a.m. and 6 or 7 a.m. secure an oil supply for the region and The PRESIDING OFFICER. Without The people of Louisiana know the for the Nation and to use that for the objection, it is so ordered. devastation this kind of storm can betterment of the people of Iraq, for f bring. Let me show a picture because I their growth and development and the security and stability of the world, as HURRICANES think a picture is worth a thousand words. While this looks terrible and well as to fight for other issues. We are Ms. LANDRIEU. Madam President, I horrible—and it is very frightening, as fighting to get 1 to 3 million barrels rise to speak this morning about a very you can see a woman, standing water out of Iraq, and right here in the Gulf important issue for the country, par- rising over her waist, trying to get to of Mexico, today, we have a facility ticularly for the gulf coast region and safety—this is not a hurricane. This is that has virtually been shut down be- the State of Louisiana. cause of a hurricane. Nearly a million Madam President, as you know, al- only a tropical storm. This was Trop- ical Storm Isidore that hit the gulf barrels is being imported in this coun- though your State of Alaska is not lo- try, and exported, a year. coast in 2002. This wasn’t a category 1 cated in the southern part of the Na- Port Fourchon is a small port that hurricane. We are talking about severe tion, you and other members of society sits at the very edge of Highway 1. It is are well aware of the devastation that devastation when a category 3 or cat- unbelievable to view the picture. This occurred to our coastal communities, egory 4 or category 5 hurricane pushes is Highway 1 in Tropical Storm Isidore. whether on the eastern coast or south- that water out of the gulf, out of Lake That was another storm, not a hurri- eastern coast or the central gulf. Ponchartrain into the tremendously cane. This damage occurs in a tropical As is the case this morning, Hurri- populated areas around the gulf coast. storm. We cannot see the highway be- This is what people have been fleeing cane Ivan, a category 4 hurricane bear- cause it is covered with water. The ing down on the gulf coast region, ac- from for the last 36 hours. When I say highway leads down to the gulf. Port cording to the latest weather reports fleeing, I mean all of the interstates Fourchon, the LOOP facility, is right and indications based on good research going north out of Mississippi, Ala- off of this shore where 18 percent of the that is being done here by many of our bama, and Louisiana, and interstates offshore oil and gas revenues flow into Federal agencies, we can somewhat going west, as people try to leave the this country through this little road predict the path of the hurricane. With east and head for safety toward Hous- called LA 1 that we have been fighting our most sophisticated systems, radar ton. They have been, at times, in now for several years. With the leader- and weather tracking, pinpointing with bumper-to-bumper traffic for hours. ship of Senator MURRAY and Senator some accuracy, there is a projection of People can walk faster than the rate REID and others, Senator JEFFORDS and where this killer storm, this major the cars are moving. Luckily, the Gov- Members on the Republican side, as storm, may hit. It seems as though it ernors of these States are very skilled well, we have been able to get a des- has turned north and is headed right and able, the local elected officials ignation as a special highway, but we now to the Mississippi-Alabama line, have been through this many times and are still waiting for the big bucks to but it could move within the next 12 were quick to see the danger, even help with lifting this highway and ex- hours to the east or to the west. though the path could not be predicted, panding it so we can have a functioning As we wrap up our business here in and were quick to call for evacuations port. Washington, the entire gulf coast, and days ago. This morning, we received re- The hurricane is scheduled to hit Mo- the State I represent, Louisiana being ports that the highways are clearing in bile or west of Mobile right now. I just one of those Gulf Coast States, Mis- some parts along the Gulf of Mexico. spoke to the Port Fourchon Port Direc- sissippi and Alabama and the pan- Some families spent yesterday 12, 13, 14 tor and they expect this highway to be handle of Florida, is under a manda- hours in automobiles, going less than 5 underwater by 1 p.m. today—again. tory evacuation. Why? It is because miles per hour as they tried to find This is the major route of oil and gas this is a huge storm. It is a category 4. safety and shelter all along the gulf into the United States of America. We hope and pray, and there are some coast to flee a storm of this magnitude. This is Highway 1, Port Fourchon, and indications, that it will change to a Again, this is not a picture of a hur- the LOOP facility, which is the only fa- category 3. But it is a major storm ricane. This is a tropical storm. That is cility in the Nation that imports and with high winds of 165 miles per hour. why people are fleeing in the gulf area. exports oil and gas at that rate and at It is not the first time a storm of this I will speak for a moment about en- that level. size or intensity has hit the gulf coast. ergy and about what the gulf coast My point is, I hope we will again use We know by reading history. Several contributes to the energy independence this opportunity to focus on the crit- decades ago, some of us actually lived and energy security of this Nation. As ical infrastructure needs necessary for through extremely powerful and killer millions of people have been leaving Louisiana and the gulf coast of Mis- storms like Camille or Betsy in Lou- their homes to flee to higher ground, sissippi and Alabama primarily to pro- isiana and other States throughout the 442 rigs or platforms have been detect itself not just from homeland se- gulf coast that proved to be very dan- serted by companies in the Gulf of curity threats from terrorists but real gerous, with loss of life and billions of Mexico. When I say deserted, not just, threats of weather. dollars in property loss. of course, left to wreak havoc, but they People might say: Senator, why did We don’t have to be reminded that have been tied down, secured, sup- they build the port here in the first Florida has just been hit in the last 3 ported. All nonessential emergency place? I understand that. If we could do weeks twice already. This one will be personnel have had to move out of the it again, knowing what we know now, of historic devastation in Florida, hav- Gulf of Mexico. This evacuation rep- perhaps that would not have been done. ing had three hurricanes hit in such a resents 50 percent of the manned rigs I will speak for a minute about that be- short period of time. and platforms in the gulf. cause I want people to understand the I want to speak this morning about Right now, oil and gas from the Gulf argument. Men and women are here be- what we can do here in Washington a of Mexico and coastal Louisiana rep- cause the oil and gas is here. If we

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.046 S15PT1 S9258 CONGRESSIONAL RECORD — SENATE September 15, 2004 could figure out a way to have people sands of acres. The size of the State of store the Chesapeake Basin, which is live in Chicago and commute every day Rhode Island has been lost in the last an extremely important ecosystem to down to the Gulf of Mexico to get the 50 years, so the buffer has been shrink- this part of the country. We have some oil and gas out of the ground, then peo- ing that protects the city of New Orle- preliminary plans underway in the ple would not have to live here, but we ans and much of the populated portions Great Lakes. But no area—not the Ev- have not figured that out yet. So real of Mississippi. That has been lost. erglades, not the Chesapeake, and not life men and women and children and So the people who live on the gulf the Great Lakes—of this great Nation families live here. They have to live coast of Mississippi and the southern contributes more economically or en- here to serve as the platform for the oil part of Mississippi and Louisiana are at ergy-wise than the wetlands of Amer- and gas that keeps the lights on all greater and greater risk because those ica that lay to the south along the gulf over the country. Yet we ask them barrier islands that once existed, those coast. They do not compare to the en- time and time and time again to lit- acres and acres and square miles of ergy contribution; they do not compare erally risk their lives to do so, and we wetlands, have been eroded. Why? For to the fisheries contribution; they do cannot find a few million dollars in two reasons. One, we leveed the Mis- not compare to the commerce con- this budget to lift this highway so ei- sissippi River for commerce, not just to tribution of this Nation or the port ther they can get out or they can be benefit Mississippi and Louisiana but contribution when you put it together. safe. to benefit the Midwest, the Northeast, Yet we seem to be getting less, not This is a heavy rain. This occurs in a the West, to open up trade and oppor- more. tropical storm in a heavy rain. I don’t tunity up and down that Mississippi So we have to stop the vanishing know what will happen with the hurri- River. We had no choice. wetlands. We have plans in Congress. cane. That is why people are not pan- If you want to go to before the trade We are going to continue to push, with icked but are most certainly con- and go to when the country started, we LAMAR ALEXANDER’s help, on the En- cerned. This picture shows the main had to anchor the mouth of the Mis- ergy bill. We have a new bill moving bayou that runs inland. The only way sissippi to literally create the Nation— through Congress called the Americans the rigs can get out of the gulf, they unless we wanted to stop at the Ken- Outdoors Act that seeks to dedicate a can either dock along the ports—Mor- tucky border or the Shenandoah Val- portion of those revenues for coastal gan City, New Iberia, Galveston, and ley, which was a choice at one time. We States, even States that do not produce come into Houston for some protec- could have just made the United States oil and gas off of their coast. I think we tion, the only way they can get in is go from the east coast to the Shen- should be willing to share some of through the Mississippi, up inland, andoah Valley, and we could have had these coastal revenues for coastal-re- through this bayou. They cannot get in a wonderful nation right there in the lated issues. Some people disagree. The people of Louisiana do not mind when this bridge is down. The people East. But we decided to go West. We sharing. It is sort of our natural way. cannot get out unless the bridge is decided to go all the way to the Oregon We are happy to do that. We do not down. So every time there is a storm, Trail with Lewis and Clark. President even want it all. We just want our fair the local officials in my State have to Jefferson had a vision, but that vision share. That is what this bill does. say: OK, kids and families, you all go could not possibly happen without an- We also have a bill through the over the bridge. And they hold up the choring the security of the mouth of WRDA legislation, which is the tradi- rigs. Then they let some of the rigs the Mississippi River. So we did. We tional funding for the Corps of Engi- through, and they hold up the families had to basically try to tame this very neers, the Federal agency primarily re- trying to get out. wild place, very wet place, very low- sponsible to keep the waterways This is outrageous. We have money lying place. dredged, to keep the levees up as high in the budget to build this bridge so we But we did it not just for ourselves; as possible, to work with our local can move our infrastructure out of the we did it for the whole Nation, with the flood control folks, particularly our gulf. And the Presiding Officer under- Nation’s help and support. We did not levee boards in Louisiana, which are stands the magnitude of the barges, pay for everything, but we contributed some of the most important public en- cranes, and sheer weight and size of the a great deal. Today we continue to give tities we have, that literally keep peo- equipment I am talking about. It is not billions of dollars out of the gulf coast ple dry from heavy rains and from a Tonka toy. It is not Legos. It is big, in oil and gas revenues and taxes that floods and storms of this nature. heavy equipment that has to be moved go to this country. We continue to send But let me also repeat, again for the at great danger to the men and women our labor and our support and our record, I know every time a hurricane who have to move it to save insurance money to this Nation. Yet time and hits in North Carolina or South Caro- companies money, to save taxpayers time again, when Louisiana comes to lina or Florida, other people who are money, to save shareholders money for ask, Could we please have just a por- not familiar with hurricanes say: Why these companies. tion of the revenue that we send?—we do the people live along the coast? Why Let me talk about what else is going are not asking for charity; we are ask- do we let people live along the coast? I on. Louisiana wetlands are not a beach. ing for something we earned; we are think that is a legitimate argument I have spent a lot of my life growing up happy to share with the rest of the that could be made for resort commu- in the gulf area, and I have spent a lot country to help invest in infrastruc- nities. It is not mandatory they live of time on the Florida beaches, and I ture—we are told: We cannot do it this there. They choose to live there be- have never seen anything more beau- year. We do not have enough money. It cause, of course, the coastlines are tiful. We in Louisiana support those is not a high enough priority. very pleasant and beautiful places to beaches. We understand the tourism. Well, I do not know when it is going live. In fact, Americans really agree We are some of the tourists that go to get to be a high enough priority. I with that because two-thirds of the en- there. But our coast is not a beach. We hate to say maybe it is going to take tire population of the United States do not have a beach unless you want to the loss thousands of lives on the gulf live within 50 miles of the coast. So count Grand Isle. It is beautiful and coast to make this country wake up that is an issue that could be debated, wonderful, but does not look like and realize in what we are under-in- and we could talk about that. Destin, Florida. It is a lovely small vesting. Again, we lose a football field But Louisiana people who live in beach. That is about the only beach we every 30 minutes. We have lost more Port Fourchon, while they enjoy living have. The rest of our coast is not a than 1,900 square miles in the past 70 there, believe me, and while they love beach. It is a wetlands. It is not the years, and the U.S. Geological Survey to shrimp and they love to fish, they wetlands of Louisiana, it is America’s predicts we will lose another 1,000 are there doing a great service for this wetlands. It has been washing away at square miles if decisive action is not Nation, working in an energy industry an alarming rate. The difference be- taken now. and trying to dig out of the gulf the re- tween a major hurricane coming out of Now, we have made good plans in the sources this country needs. Where peo- the gulf in 1940 and a major hurricane last several years to save the Ever- ple live along these bayous, they are coming out of the gulf this year in 2004 glades. We are well on our way to do fishing and they are contributing to in- is we have lost thousands and thou- that. We have plans underway to re- dustries. They do not have a lot of fish

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.048 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9259 in downtown New York. They do not like. One of our emergency personnel lower than the surrounding waters of the have a lot of fish in Chicago. The only who has been working on an emergency Mississippi River, Lake Pontchartrain and place you are going to catch fish is in plan has stored several thousand body the Gulf of Mexico. Ivan is the strongest storm to threaten the region since Hurricane the water. So you have to live there ba- bags in the event of a major flood in Betsy nailed New Orleans in 1965. It brought sically to catch the fish. They are liv- the city of New Orleans. Let’s hope more than $7 billion in havoc at a time when ing there for a livelihood. that never happens. But I have to say, southern Louisiana was less populated and In addition, New Orleans itself was as a Senator representing the State of less exposed. settled as the security as this Nation Louisiana, the chances of it happening The doomsayers are quick to add a caveat: grew. Now people want to say, maybe sometime are pretty good. If we do not Ivan might not turn out to be The One. The we should—if a big storm hits—just improve our transportation evacuation National Hurricane Center expects the storm move New Orleans. I do not know how to swerve toward the area between Gulfport, routes, invest in protecting this infra- Miss., and Mobile, Ala. Officials in Lou- you move a major metropolitan area. structure, and focusing on reinvesting isiana, Alabama, Mississippi and the Florida But I also say this about my great city, some of the tremendous wealth that Panhandle were urging residents Tuesday to where I grew up and have represented, has been taken from this area, and re- leave coastal areas. ‘‘I beg people on the still to this day—and in many different investing it back, we will only have coast: Do not ride this storm out,’’ Mis- ways throughout my life—the people, ourselves to blame. sissippi’s Gov. Haley Barbour (R) said. the city is 9 feet generally below sea Madam President, I ask unanimous A dozen coastal casinos were shuttered in Mississippi, and Barbour’s evacuation order level. But we have some of the most so- consent that the article entitled for coastal areas was mandatory. In Ala- phisticated pumping systems in the ‘‘Awaiting Ivan in the Big Uneasy’’ be bama, Gov. Bob Riley (R) ordered evacu- world. printed in the RECORD. ations from Gulf Shores, Orange Beach and In fact, the engineers who built the There being no objection, the mate- Fort Morgan, and some towns postponed run- pumping stations that supply New Or- rial was ordered to be printed in the off elections scheduled for Tuesday. Evacu- leans with flood control were the engi- RECORD, as follows: ation was mandatory in parts of Escambia, neers who helped Holland and studied [From the Washington Post, Sept. 14, 2004] Bay and Walton counties in Florida, and in Venice. We do not have halfway most schools in the Panhandle were closed. AWAITING IVAN IN THE BIG UNEASY Most scientists, engineers and emergency pumping systems. We have the best in NEW ORLEANS GIRDS FOR MAJOR DAMAGE managers agree that if Ivan does spare the world. We have the best engineers, (By Michael Grunwald and Manuel Roig- southern Louisiana this time, The One is the finest pumping systems. We are an Franzia) destined to arrive some day. The director of old city, and we spend a lot of our NEW ORLEAN, SEPT. 14.—Walter Maestri, an the U.S. Geological Survey has warned that money to keep those pumping systems emergency manager here in America’s most New Orleans is on a path to extinction. Greg- up to date. In fact, the Federal Govern- vulnerable metropolitan area, has 10,000 body ory W. Stone, director of the Coastal Studies ment has been a major partner. I am bags ready in case a major hurricane ever Institute at Louisiana State University, frets that near misses such as Hurricane proud to have led the effort. The hits New Orleans. As Hurricane Ivan’s expected path shifted uncomfortably close to Georges—a Category 2 storm that swerved Southeast Louisiana Flood Control away from New Orleans a day before landfall program has invested hundreds of mil- this low-lying urban soup bowl Tuesday, Maestri said he might need a lot more. in 1998—only give residents a false sense of lions of dollars, Federal and State If a strong Category 4 storm such as Ivan security. The Red Cross has rated a hurri- money, to upgrade those pumping sys- made a direct hit, he warned, 50,000 people cane inundating New Orleans as America’s tems. So we are not Pollyanna about could drown, and this city of Mardi Gras and deadliest potential natural disaster—worse jazz could cease to exist. than a California earthquake. this. We are not Johnny-come-lately. ‘‘I don’t mean to be an alarmist, but the ‘‘This could be The One,’’ Maestri said in We have great engineers. We are smart. doomsday scenario is going to happen even- an interview in his underground bunker. If fact, we have taught the world how tually,’’ Stone said. ‘‘I’ll stake my profes- ‘‘You’re talking about the potential loss of a to drain floodwaters because we have sional reputation on it.’’ major metropolitan area.’’ The main problem with southern Louisiana been doing it the longest, for over 300 Forecasters said Tuesday night that they is that it is dangerously low, and getting years. expected Ivan to veer at least 70 miles east of lower. The levees that imprisoned the Mis- But the city can do just so much, New Orleans before making landfall early when it has a population that is chal- sissippi River into its shipping channel and Thursday, somewhere along the Gulf Coast helped make New Orleans one of the world’s lenged. We are not the wealthiest extremities of Louisiana, Alabama or Mis- busiest ports have also prevented the muddy State. We are not the richest State. We sissippi. But Ivan has consistently drifted river from spreading sediment around its need our Federal Government to under- farther west than their predictions. This delta. stand that we are happy to share our port city’s levees are designed to withstand As a result, southern Louisiana is sinking only a Category 3 storm, and officials begged into the Gulf, losing about 25 square miles of resources and riches with the world, residents to evacuate the area ‘‘if you have but we do deserve a greater portion of coastal marshes and barrier islands every the means.’’ year. Those marshes and islands used to help these revenues to keep our people safe, By evening, the city’s few escape routes slow storms as they approached New Orle- to keep our infrastructure intact, and, were spectacularly clogged, and authorities ans; computer simulations now predict that most certainly, to be respectful of what acknowledged that hundreds of thousands of the loss of these natural storm barriers will the people of Louisiana and the entire residents would not get out in time. The increase storm surges and waves by several gulf coast contribute to our national stranded will not be able to turn to the Red feet. well-being and security. Cross, because New Orleans is the only city On a seaplane tour of the region Tuesday, I want to put up another picture. in which the relief agency refuses to set up Gerald M. Duszynsi, assistant secretary of emergency storm shelters, to ensure the the Louisiana Department of Natural Re- This is another picture of LA 1. This is safety of its own staff. Even if a 30-foot-high sources, pointed out an area near the tiny on a day when you see the traffic wall of water crashes through the French bayou town of Leesville, where he fished for backed up. Obviously, there was some- Quarter—Maestri’s worst-case scenario— redfish and flounder 25 years ago. Once a thing wrong with the Leeville Bridge. stranded residents will be on their own. solid patch of green tidal marsh, it is now But this is what the traffic looks like New Orleans is often described as a dis- mostly open water, with a few strips and trying to get out before a hurricane: aster waiting to happen—it is mostly below splotches of green. the trucks, the cars, the schoolbuses, sea level, practically surrounded by water, ‘‘This used to be perfect, and now look at artificially kept dry by pumps and levees, trying to leave a place where they were it,’’ Duszynski said. ‘‘The buffer is gone. Now rapidly losing its natural storm protection. even the little storms give a big influx.’’ working on behalf of not only them- But rarely have its leaders sounded so afraid Louisiana’s politicians, environmentalists selves but on behalf of this Nation. The that the wait could be over soon. and business leaders have been pushing for a least we can do is send a little money ‘‘I’m terrified,’’ said Windell Curole, direc- $14 billion coastal restoration project to try to fix this highway and to keep people tor of the South Lafourche Levee District in to bring back those lost marshes and is- safe and high and dry in these storms. the swampy bayous south of the city. ‘‘I’m lands—in order to help protect New Orleans Let’s pray, Madam President, that telling you, we’ve got no elevation. This as well as an oil and gas industry that han- Hurricane Ivan does not hit the city of isn’t hyperbole. The only place I can com- dles nearly a third of the nation’s supply. pare us to is Bangladesh.’’ The Bush administration forced the state New Orleans directly. I am going to More than 100,000 Bangladeshis died in a to scale down its request to $1.2 billion last submit a front-page article from the 1991 storm, and Curole is genuinely afraid year, and a Senate committee authorized Washington Post for the RECORD. It is that a similar tragedy could strike New Orle- $375 million. But Mark Davis, executive dian article about what that might be ans, most of which sits six to eight feet rector of the coalition to Restore Coastal

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.050 S15PT1 S9260 CONGRESSIONAL RECORD — SENATE September 15, 2004 Louisiana, believes that even if Ivan by- Last week, the 33rd soldier from New picked up the phone and called the passes the region, its scary approach could Jersey died in Iraq. Our country has leadership of the House or Senate and help galvanize support for a more com- now lost a total of 1,018 of our troops in said we need a bill, we don’t want these prehensive fix. ‘‘We’re running out of tomorrows,’’ Davis Iraq. Of these deaths, 877 troops have crazy weapons around our country. said. ‘‘God willing, if there’s still a southern died since the President announced Assault weapons are semiautomatic, Louisiana next week, I’m not talking about that major combat operations in Iraq civilian versions of weapons designed the politics of the possible anymore. It’s now were over, finished. He made that an- for military use. They are the weapons a question of which side are you on: Do you nouncement during a political appear- of choice of criminals and terrorists be- support the obliteration of a region, or do ance on an aircraft carrier on May 1, cause they are capable of holding you want to try to save it?‘‘ large-capacity magazines that allow a On Tuesday, though, most local officials 2003. were thinking more about the potential dan- If we look at this picture, we see our shooter to fire up to 150 shots without ger than the potential opportunity. If Ivan sailors lined up. I know what they are having to reload. does pound New Orleans tidal surges could thinking. I was a veteran, and I re- These weapons are specifically de- leave the city underwater for months, since member so vividly when I was on a ship signed for military use in order to kill its pumps can remove only about an inch bound for Japan after serving in Eu- greater numbers of people more effec- every hour, creating a ‘‘toxic soup’’ of rope and the war suddenly ended and tively and quickly. chemicals, rodents, poisons and snakes. how relieved I was. I was concerned for This placard illustrates some of the The local officials said they could not new products available at local gun order a mandatory evacuation in a city as myself, of course, but I was concerned poor as New Orleans in which more than for my brothers and sisters in arms as stores, thanks to the President’s lack 100,000 residents have no cars, but they urged well. So these sailors are standing at of leadership. We took an action here people to find some way to escape. ‘‘If you attention, and there were rousing that said we would like to continue the want to take a chance buy a lottery ticket,’’ cheers when the President made his ban, but it fell when the House refused said Jefferson Parish President Aaron statement. And he boldly declared: to deal with it. Broussard. ‘‘Don’t take a chance on this hur- ‘‘Mission accomplished.’’ We could not find weapons of mass ricane.’’ It turned out to be more theater than destruction in Iraq, and we are finding New Orleans Mayor C. Ray Nagin seemed weapons that easily destroy lives right flustered as he pleaded with his constituents reality. The mission accomplished de- to flee, at one point suggesting that they bacle is illustrative of President Bush’s here at home. FBI statistics show that take shelter in area hospitals. Visitors were failure to execute a coherent plan to one in five law enforcement officers also urged to find somewhere else to go—in- win the war in Iraq. Even after reach- slain in the line of duty were killed by cluding 10,000 conventioneers in town for the ing a thousand dead, President Bush an assault weapon. That is why police annual meeting of the National Safety Coun- has not come forward with a plan. We officers across the country are out- cil have not heard one word about when raged that we did not extend this ban. ‘‘This is not a drill,’’ Nagin said. ‘‘This is Why in the world we need these weap- the real deal.’’ those troops are expected to come But the logistics of exit are quite formi- home. When will the fighting really ons, I cannot figure out. Who do we dable in the Big Easy. In 1998, as more than stop? When can we look at the situa- please when we say let’s have these 300,000 people fled Hurricane Georges, Inter- tion in Iraq and say, good grief, it is fi- automatic weapons on our streets in state 10 turned into a parking lot. Similar nally resolved? Every day more and New York? For what purpose? Target miles-long snarls unfolded Tuesday. Flights more people are killed, and many are shooting? Shooting deer? Maybe shoot- were canceled and the airport prepared to Americans. But lots of times the struc- ing neighbors. Maybe drug dealers, yes. close. The town that gave the world ‘‘A Maybe policemen. That is who gets Streetcar Named Desire’’ idled its streetcars. ture in Iraq promotes this kind of dis- The underlying problem, Maestri said, is pute and violence. shot when these guns are available. that the city never should have been built in I say to President Bush, stop this The International Association of the first place. It is a teriffic location for killing. Our troops are putting their Chiefs of Police, the Fraternal Order of business but a lousy location for safety. lives on the line for our country. Police, the International Brotherhood ‘‘The Chamber of Commerce gets really The President refuses to show the of Police Officers, the Major Cities mad at me when I say this, but does New Or- kind of leadership we need to have in a Chiefs Association, the Major County leans get rebuilt?’’ Maestri asked. The an- time of war. Even as the fighting con- Sheriffs Association—every one of swer, he said could very well be no. tinues, we hear promises that somehow them want us to extend the assault I thank the Chair for the time and or other it is going to get better, when weapons ban. But our ears were closed. suggest the absence of a quorum. in fact the situation has worsened. Madam President, these law enforce- The PRESIDING OFFICER. The I ask my colleagues: What are we ment officers put their lives on the line clerk will call the roll. doing there? What is our plan? What every day, and they should not have to The assistant legislative clerk pro- kind of a government do we think we face criminals armed with an Uzi pistol ceeded to call the roll. Mr. LAUTENBERG. Madam Presi- are going to see there? We have sort of or an AK–47 rifle, a Street Sweeper, or dent, I ask unanimous consent that the turned it over to the Iraqis, but since a TEC–9 pistol during a drug bust or order for the quorum call be rescinded. that turnover has been made the vio- school shooting. This Nation should The PRESIDING OFFICER. Without lence and the numbers killed each day never forget the school shooting at Col- objection, it is so ordered. has accelerated. I don’t know whether umbine High School in Littleton, CO, anyone here knows what, if any, our where two teenage students, using a f plans are. As the killing continues TEC-DC9 assault pistol and other weap- LACK OF DIRECTION overseas, the President is inviting a ons, went on a shooting rampage that Mr. LAUTENBERG. Madam Presi- new risk to begin here at home. killed 12 other students and a teacher. dent, I rise to voice deep concern about Madam President, this Senate, the Who can ever forget the pictures of the what is happening in our war with Iraq, Congress, failed to extend the life of students hanging out the windows beg- what is happening within our country, the assault weapons ban. Ultimately, ging for mercy, begging for a way to es- and a lack of direction that is pro- the failure to extend this law falls on cape the rampage that was taking nounced as far as I am concerned. the desk of President Bush. He has not place? We hear the political debate that done anything—not lifted a finger—to We should never forget it. But we goes on: What is your plan for getting urge the Republican leaders to extend don’t want to do anything about it; us out of Iraq? Well, what is yours? this ban. As a matter of fact, in earlier that is the tragedy. Nor should the Na- Since our Commander in Chief is in days, he said he would sign a bill. But tion forget another school shooting in charge, I would think that he would he knows very well, and all America Stockton, CA, in 1989, where an AK–47 lead the country and lead the direction knows very well, if he doesn’t encour- was used in a schoolyard full of kids, of the campaign, telling the American age the Republican leadership to firing over 100 rounds in less than 2 people about when it is we are going to present a bill, there is no bill to sign. minutes and killing 5 children and be able to expect our troops to come So all kinds of boastful comments can wounding 29 others. home, when these families will be re- be made about how he would sign it, Then there is the issue of terrorism. united. but to my knowledge he never has If anyone thinks for a second that the

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.023 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9261 expiration of the assault weapons ban uary. I heard statements from those in saying: Tonight, Dan Rather has im- will not be noticed by foreign terror- leadership in Iraq who suggest an elec- portant new information about the Wa- ists, then we are hiding our heads in tion might be tough to hold. But one tergate scandal that he will be bringing the sand. thing is for sure, this is not a mission us from Washington. It was about 20 Found in the ruble of a terrorist accomplished. This is a mission that is minutes after the hour when he got training camp in Afghanistan was a still underway, and the cost is terrible. around to Rather, and Dan Rather then manual. It is entitled, ‘‘How Can I I went to visit some wounded from gave a report, mentioned me by name Train Myself for Jihad?’’ Iraq at Walter Reed a few weeks ago, but said the things that I had said to The placard contains a quote from after a burial at Arlington Cemetery, the reporter, along with some of the that manual: to meet young people who will never things he had already prepared. It was In other countries, e.g., some states of the function the way they used to. There not a pleasant experience for me, but it USA, South Africa, it is perfectly legal for was a man who was blinded from an at- was nowhere near what it sounded as if members of the public to own certain types tack who said to me: I will never see it would be some half hour before. of firearms. If you live in such a country, ob- my 28-month-old daughter, but I still Within 10 minutes after the news tain an assault rifle legally, preferably AK– want to hold her. broadcast ended, the phone rang again 47 or variations, learn how to use it properly at my home, and it was Dan Rather. I and go and practice in the areas allowed for That is the condition that continues to develop each and every day: Over thanked him for paying attention to such training. the points I was trying to make, and he That is training on how to kill inno- 1,000 killed, many more thousands wounded, and we just hope and pray said: Well, you had a strong advocate, cent people. referring to the reporter who had been This placard also says: they will recover and we will be able to conclude this effort in Iraq successfully talking to me. Then he said: I have ‘‘How Can I Train Myself for Jihad,’’ a been in this town long enough to know but quickly. guide originally published on the the difference between a legitimate I yield the floor, and I suggest the ab- Azzam.com, a website dedicated to the news story that has somehow come out sence of a quorum. worldwide jihad (now shut down). The guide and a situation that is being laid on me was found in the ruins of a terrorist training The PRESIDING OFFICER. The for the purpose of getting the informa- center south of Kabul, Afghanistan, after it clerk will call the roll. tion forward. He said: Mr. BENNETT, was destroyed by U.S. air strikes in late 2001. The assistant legislative clerk pro- this was not a legitimate news story. Those are the people who want to get ceeded to call the roll. This is something that was laid on me their hands on these weapons. Those Mr. BENNETT. Mr. President, I ask by someone who obviously wishes you are the people who say that the United unanimous consent that the order for ill. Who do you think your enemies States is easy pickings if you want to the quorum call be rescinded. buy a gun and kill a lot of people. The PRESIDING OFFICER (Mr. might be in this situation? We then had that discussion. That is Terrorists know, they are aware of HAGEL). Without objection, it is so or- neither here nor there, but obviously I our weak gun laws. It just became dered. always will remember that time. We do weaker. For all of President Bush’s Mr. BENNETT. Mr. President, I ask remember the times in our lives when statements on terrorism, he has chosen unanimous consent that I might pro- trauma comes upon us. I remembered to stand with the NRA rather than proceed as if in morning business. it fondly, with respect for Dan Rather tecting our communities from this The PRESIDING OFFICER. We are in and his willingness to listen to some- brand of terror. morning business. thing other than the preconception In my view, the President’s behavior f that had been handed to him, and for on the assault weapons ban is one of his journalistic instinct to tell him those things we call a flip-flop. It is LEGITIMACY OF NEWS STORIES that this just might not be a legiti- when you say one thing and do some- Mr. BENNETT. Mr. President, if I mate story, this just might be something else. We saw an angry U.S. Sen- might reminisce for a moment as a thing that someone was feeding to him ator on the floor of the convention a predicate for what I am about to say. I for a purpose and a hidden agenda. couple of weeks ago when he said that go back to a time in my career when I We now know about the great con- the worst thing to do is say something was the center of considerable national troversy that has surrounded the docu- and do nothing. That is his definition press attention. The occasion was the ments that have come forward with re- of a flip-flop. 1970s. The issue was Watergate. I will spect to President Bush’s service in the This is a flip-flop of the worst order. not bother to describe why I was there; Texas National Guard. I regret, from It endangers our families, our children, I will just tell my colleagues of a phone my personal experience, to find that and our Nation’s law enforcement offi- call I received one night just before the this newsman whom I have respected cers. I wish it were not so, and appar- ‘‘Evening News with Walter Cronkite’’ all these years is in the center of this ently there is not going to be any going came on CBS. particular controversy. It would seem back on the assault weapons ban. I A reporter called me to say that Dan to me that this time, Dan Rather’s in- wish there were a way to resurrect it. Rather was going to be speaking about stinct has failed him. The instinct that We are where we are. What we have me that night, and he read to me the told him some 30 years ago, again in done is we have encouraged the sale of piece that had been written for Dan his words, that ‘‘something was being these weapons. I heard there are gun Rather to give on the evening news. laid on him’’ deserted him this time. It manufacturers who were preparing for Frankly, it terrified me because if it is very clear that documents were a burst of sales activity when these had been delivered in just the way it forged, they were laid on him, and this weapons were available. I ask myself: was read to me on the phone, it would time he bit. Who wants to buy these kinds of weap- have destroyed my business, destroyed I do not join in the chorus that is ons? What are they going to do with my career, made it impossible for me arising on talk radio and elsewhere them? They are going to endanger our to continue to represent the various that he must somehow be driven from families and our kids and other inno- clients I had in my public relations and the air. I don’t think he deserves that. cents. That is what they are going to consulting firm. But I do think this is a cautionary tale do. I said that to the reporter. I said: and we need to spend a little time talk- It is too bad because we are now in This is terrible, it is not true, and you ing about it because it represents a the midst of a terrible situation with will destroy my career. We had a brief new phenomenon in the information the war, with the casualties continuing conversation about the details of what age where someone has used informa- to escalate, and with a situation to- it is he had in his report, and he said, tion-age technology to forge docu- tally out of control in Iraq. I was there well, I see your point, I will do the best ments and then insert those forged doc- shortly before the government was I can, and hung up at about 10 minutes uments and the false information they turned over to an interim group to be before the news broadcast was to begin. contain into the political debate at a followed by an election in January. As anyone can understand, I watched time that is crucial. The fact is that it does not look like the news with great interest that This is the first indication I know of there is going to be an election in Jan- night, and Walter Cronkite began by where we have seen that sort of thing,

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.036 S15PT1 S9262 CONGRESSIONAL RECORD — SENATE September 15, 2004 a deliberate attempt on the part of a perts can be wrong. The experts can be That alone, once again, in historic forger to change the course of an elec- fooled. A good forger who concentrates context, says be on your guard. That tion and a situation where respected in the right area can, in fact, come up alone should have alerted Dan Rather’s organizations, such as the Boston with forgeries that can get by some fo- journalistic instincts that this is not Globe and CBS News, have been conned rensic experts. really a legitimate leak. This is some- by that forger and have become unwit- I don’t think that is the case with thing somebody is laying on him for ting participants in foisting a forgery the forgeries with respect to President the purpose of their own agenda. and a fraud upon the electorate. Bush’s Texas National Guard service. I The rest of the press has gone in I believe I am something of an expert think the forgeries are fairly clumsy after all of the forensic evidence. on forgery. In this same period of time, and the expert that CBS has quoted I looked at it with great interest be- back in the 1970s, I worked for Howard validated only the signature and not cause of my background in forgery. I Hughes. I was working for the Hughes the document as a whole. agreed that the memos that are pur- organization when we had two of the But the thing I have learned from ported to be true do not fit with the most significant forgery attempts of dealing with the Hughes forgeries, the memos that are written in the Texas the last century. The first one was the fake autobiography and the fake will, National Guard. I agree that the type- autobiography of Howard Hughes. The is that one must look at a forgery not face is suspect. I agree there can be no second one was the will of Howard only for the forensic side of it but also explanation other than forgery for the Hughes. for the content and ask this funda- fact that someone sat down at a mod- We now know, looking back, that the mental question whenever something ern computer and recreated the memo autobiography of Howard Hughes was magically appears: Why did this appear exactly. You cannot do that with written by a man named Clifford Ir- at this particular time? memos that are typed on typewriters. ving, who had never met Howard If, indeed, Howard Hughes was plan- You have to go back to the original Hughes, never spoke to him, never had ning to write an autobiography, why typewriter to recreate a memo and any contact with him at all. But, per- did it appear just after there was a have it match exactly. haps a parallel to today’s situation, major shakeup in the Hughes organiza- I agree with all of the forensic evi- two very respected and prestigious nation and there was a tremendous dence, and I agree that there is abso- tional organizations bought the amount of publicity about Howard lutely no question that this is a for- Clifford Irving forgery, paying $1 mil- Hughes’ reclusiveness? Isn’t that coin- gery. lion to Clifford Irving for that manu- cidence a little bit too close? But instead of wallowing in the de- script. McGraw-Hill Publishing Com- The will that would have left hun- light of having caught the Boston pany was going to publish the book, dreds of millions of dollars to a service Globe or CBS in their gullibility, hav- and Time-Life, the publishers of Time station attendant in the state of Utah, ing caught them in the mistake of hav- and Life magazines, now part of Time why did that appear just as the press ing bought this whole thing, let us ask Warner, was going to publish excerpts was reporting that Howard Hughes had the more fundamental question: Who from the book. died without signing a will? What did it? Who is concerned with the cam- I won’t go into the details of that, caused this to come forward at just paign to such a degree that they are but I do remember very clearly when that moment? Isn’t that content sus- willing to falsify documents and peddle the leading investigative reporter for picious? Doesn’t that suggest that them to national media organizations? Life magazine came into my office to somebody has an agenda that is not I have heard three explanations. discuss the Howard Hughes autobiog- just a coincidence? There are people who have speculated raphy, and I said to him there is no The third area of forgery with which on this. Frankly, the speculation in its way in the world that Howard Hughes I am familiar says exactly the same own way can add to the poison of this has ever met Clifford Irving. That is thing. I had friends with whom I went situation. absolute, provable, irrefutable. Clifford to college who were killed by the forg- The first speculation I heard was Irving and Howard Hughes had never, er-murderer Mark Hoffman. Mark Hoff- that it was done by supporters of Presi- ever met each other. dent and Senator CLINTON. As they put The reporter said to me: That may be man earned his living over decades it, the Clinton supporters want to true. Irving is probably lying about forging documents that had relation- make sure KERRY didn’t win so that how he got the manuscript, but the ship to the Mormon Church. Looking back on it, now that Hoff- the 2008 nomination would be open to manuscript itself is genuine. The evi- Senator CLINTON, and they are the ones dence is overwhelming. man is in jail, we should have recog- I said: What evidence? nized, once again, the great coinci- who forged the documents and then put He said: The handwriting experts. dence that these documents would them forward in a way that they knew The handwriting experts have looked come forward at just the right time. would be embarrassing to the Kerry at the handwriting on the note that There would be scholars who would be campaign. Clifford Irving put forward—supposedly speculating as to whether the founder The second speculation is that Karl written by Howard Hughes—validating of the church had any connection with Rove did it; that the Republicans are the manuscript, and he said the hand- folk magic, and suddenly, at just the the ones who did this; that this is a Re- writing experts are unanimous, Howard right time, documents saying that he publican dirty trick; that they are so Hughes wrote that note. did have connections with folk magic anxious to destroy KERRY they are Now we know, of course, Howard began to appear. We now know they willing to forge documents and foist Hughes did not write that note. were forged. They came from Mark them onto an unsuspecting CBS and Clifford Irving wrote that note. Hoffman. They were created out of Boston Globe. In the course of his trial, one of the whole cloth. The third explanation, to me, is the prosecutors said to Clifford Irving: Is it But they seemed logical because of only one that makes any sense, which really possible that you were the man the context in which they came. is that there is an overzealous KERRY who wrote that note? Is it really pos- The application of that to these doc- supporter, or, if you will, a Bush hater sible that you had the skills of forgery uments relating to President Bush is who is really stupid. This was a really so that you could write something that obvious. dumb thing for someone who supports would fool the best experts in the coun- Why, if these documents have been Senator KERRY to have done. try on handwriting analysis? sitting in the records of the Texas Na- I cannot believe it was done by any- Clifford Irving took a legal pad, tional Guard for all of these years, did one in the Kerry campaign because wrote out a letter from Howard Hughes they suddenly come forward with ex- they are smarter than that. But very to this particular prosecutor, signed it actly the right amount of validation of often in politics we have the experience ‘‘Howard Hughes,’’ and handed it over the accusations that are being made by called up from my father when some- to him. The prosecutor had it framed President Bush’s opponents at just the one was trying to help him in the cam- and it is hanging on his wall. right time in the campaign when the paign: I can take care of my enemies, One of the major lessons I learned Kerry campaign seemed to need a little may the Good Lord save me from my from that experience is that the ex- boost? friends.

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.039 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9263 But someone who wanted Bush to istic instincts failed him, and he didn’t niversary of the Land and Water Con- lose and KERRY to win said if the docu- realize this was one that was being laid servation Fund. She and I intended ments to support the charge on the Na- on him in the hope that he would be today to speak together about that. tional Guard issue aren’t there, I will taken in. I hope he will recover from She spoke about it and she will have see that they are there. I will do it this. I know at some point he will rec- more to say. She has worked very hard anonymously. This will be my con- ognize that he was taken in and step on it for the last several years. tribution to the campaign. forward and make that acknowledg- I take a few minutes in honor of the It is a really stupid thing to do. But ment clear. 40th anniversary of what we call the I believe that is the explanation of With that, I yield the floor. Land and Water Conservation Fund, or where this came from. The PRESIDING OFFICER. The Sen- the LWCF in this country. Forty years Stupidity trumps Machiavelli almost ator from Tennessee. ago, in September of 1964, President every time when you are looking for an Mr. ALEXANDER. Mr. President, I Johnson signed legislation establishing explanation. have enjoyed listening to my friend the fund. It has been an important fac- However, I think everyone ought to from Utah. He always speaks elo- tor in preserving open spaces in our focus on finding out who did it. Until quently and brings a different insight country ever since. we do find out who did it, we will con- than most of us can to issues. It is a re- The idea began under a Republican tinue to poison the atmosphere with markable saga which he recounts. It President, President Eisenhower, who the suggestion that maybe the Clintons also makes me think that here we are, signed legislation creating a commis- did it, maybe Karl Rove did it, or the 6 weeks before a Presidential election, sion to determine what should be done Republicans played a dirty trick. We which all parties are describing as one to preserve outdoor space for recre- know there are other forces at work. of the most important in our history, ation. Then a Democratic President, We owe it to clear the atmosphere by when we are at war and we have sig- President Kennedy, submitted legisla- finding out who it is that forged these nificant issues of health care, immigration to Congress creating the Land and documents. tion—we could make a list a mile Water Conservation Fund. In submit- Back to my own history, we cleared long—and jobs, can we keep our jobs in ting the draft legislation, President the atmosphere with respect to Howard the competitive marketplace, and the Kennedy wrote: Hughes when we found out and made dominant issue of the moment is the The Nation needs a land acquisition pro- public the fact that the H.R. Hughes to media covering the media about some- gram to preserve both prime Federal and whom the million-dollar payment was thing that might or probably didn’t State areas for outdoor recreation purposes. made by McGraw Hill was, in fact, happen 30 years ago. . . . In addition to the enhancement of spir- Clifford Irving’s wife. She opened a My hope is that we recognize that itual, cultural, and physical values resulting Swiss bank and told them her name Senator KERRY served, President Bush from the preservation of those resources, the was Helga R. Hughes, and asked served, and they both supported the expenditure for their preservation are a sound financial investment. McGraw Hill to please make the checks war in Iraq. It is now at the forefront out to H.R. Hughes. And then Clifford of American consciousness. And the Shortly thereafter, it passed the Irving’s wife deposited them into her question before us in the Presidential House by a vote voice and the Senate account. Naturally, the signature card race is which one of these men is the with only one vote in opposition. Then that endorsed the check H.R. Hughes best prepared to be Commander in President Johnson signed it into law. matched the signature card in the bank Chief to lead us into the future? My This is an idea that has had bipartisan because Clifford Irving wrote them. hope is the media coverage would be support from the very beginning. Once we knew that, then the air was more on those issues, more on the fu- Since that time, 40 years ago, 37,300 cleared. ture. I don’t want to hear too much Land and Water Conservation Fund The air was cleared with respect to more about what happened 30 years State grants, totalling more than $3 the Howard Hughes will and who wrote ago. billion, have been instrumental in pre- the will. When Melvin Dumar, the serv- The distinguished occupant of the serving 2.3 million acres and building ice station attendant who would have chair was heroic in his service 30 years 27,000 recreational facilities. For exam- inherited $100 million from Howard ago. We admire that. But he spent ple, one park that was preserved by Hughes, exclaimed he knew nothing most of his time looking toward the fu- grants from the LWCF is Fall Creek about it, yet was surprised when he ture, as I do mine, and I think the Falls in Tennessee. Grants from the came forward and was confronted in American people do. We are not elected fund totalling $376,000 helped acquire court by the fact that his thumbprint to CBS president of the United States. land and built facilities at this spectac- was on the will inside a sealed envelope It is my hope that whatever the cir- ular park, which I have visited many when the will was found. Again, the air cumstances, if they made a mistake, times, boasts the highest waterfall in was cleared, and there was no more admit it—we politicians have learned North America east of the Rocky mystery as to where this came from. the hard way that is the best thing to Mountains. Chances are pretty good The air was cleared with Mark Hoff- do—and get on with it. Talk about 30 many parks we have hiked would not man and all of the documents that he years from now, instead of the media even exist if it were not for the Land forged when the murders occurred and covering the media about what hap- and Water Conservation Fund. we found out that he was trying to pened 30 years ago or what might not Yet since the early 1980s, the Land cover up his forgery by killing people have happened 30 years ago. and Water Conservation Fund has been who were in a position to expose him. Earlier, the Senator from Louisiana, consistently shortchanged of funding. The air needs to be cleared here. We Ms. LANDRIEU, came to the Chamber During most of the 1980s and 1990s, should not just stop at snickering at and talked primarily about the dev- funding levels were kept to about one- newspapers and television stations that astating hurricane in New Orleans. third of the authorized level—$300 mil- seem to have been taken in. We should Having lived in New Orleans a year, at lion of $900 million authorized, for ex- go deeper than that and find out who the time of another great hurricane in ample. By the late 1990s, funding for actually did it. Then we can lay to rest 1965, I know how difficult that is going State grants under the Land and Water the conspiracy theory that says it to be for New Orleans, Mobile, and that Conservation Fund was cut to zero. came from all of these other places. part of the world. Our hearts and sup- In recent years, we have seen some I end as I began by saying, over the port are with the people of the gulf improvements. Funding for State years, I have always had a warm spot coast. We are thinking about them and grants averaged about $100 million in my heart and a great sense of re- their families and hope they are safe. since 2001, but it is not hard to do bet- spect for Dan Rather because of the f ter when you are doing nothing. way he treated a story in which I was While funding has declined, demand a principal some 30 years ago. I know LAND AND WATER CONSERVATION for conserved areas has dramatically he is a journalist with the highest pro- FUND increased. Since the Land and Water fessional standards. I extend to him my Mr. ALEXANDER. The Senator from Conservation Fund was first estab- regrets at this time that his journal- Louisiana also mentioned the 40th an- lished, the population of the United

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.041 S15PT1 S9264 CONGRESSIONAL RECORD — SENATE September 15, 2004 States has grown by more than 40 per- see what we could do now to help us— Mr. CORNYN. Thank you, Mr. Presi- cent. A growing population puts pres- today, as it turns out, nearly 20 years dent. sure on open spaces in two ways: First, later—to enjoy the great American f more people want to enjoy the great outdoors. One of the major rec- TRIBUTE TO JUDGE REYNALDO outdoors so they need more space for ommendations from President Rea- GUERRA GARZA it; second, more land is being used for gan’s Commission on Americans Out- other purposes—such as new subdivi- doors was that we take some of the Mr. CORNYN. Mr. President, I rise sions, shopping malls, office buildings, money from offshore oil drilling and today to pay tribute to Judge Reynaldo and more—which makes open space devote it to wildlife preservation, to Guerra Garza, who passed away yester- more scarce, especially in areas where city parks, and to the State and Fed- day in Brownsville, TX, at the age of most of us live. The demand for parks eral sides of the Land and Water Con- 89. Judge Garza was the first Mexican and open space is higher than ever be- servation Fund. American to serve as a Federal district fore, especially for city parks, the Senator LANDRIEU and I intend to add court judge and a Federal appellate parks down the street in which we an amendment that includes the Fed- judge. Today, I join my fellow Texans walk, run and enjoy the outdoors. eral side of the Land and Water Con- in mourning this loss, along with his How can we fund conservation efforts servation Fund to our proposal. wife of 65 years, Bertha Garza, and his in the time of tight budgets? The Today, we celebrate 40 years of a five children. By any measure of Americans Outdoors Act of 2004, which good idea with a new suggestion for Reynaldo Garza’s stature in the com- Senator MARY LANDRIEU and I intro- how to improve it: a conservation roy- munity, he was a mountain of a man. duced in the Senate earlier this year, alty on offshore revenues that we treat Reynaldo Garza was born in 1915 in provides the answer. exactly the same way we have treated Brownsville, TX, a first-generation The act provides a reliable stream of onshore revenues for 50 years. We give American whose parents had fled civil funding by collecting what we call a it to the States and to the Federal side unrest in Mexico. It was during the De- conservation royalty on revenues from of the Land and Water Conservation pression when he decided to become a drilling for oil and gas on offshore Fed- Fund for wildlife preservation and city lawyer, so he worked as a laborer for eral lands. It uses this conservation parks. the WPA to save money for tuition at royalty to fully fund three existing Someone once said Italy has its art, the University of Texas. Federal programs. First, the State side England has its history, and the United He excelled in his studies at the Uni- of the Land and Water Conservation States has the great American out- versity of Texas and developed a great Fund is $450 million annually. Second, doors. Our magnificent land, as much many political friendships, including a the Wildlife Conservation Fund is $350 as our love of liberty, is at the core of longstanding friendship with then-con- million annually. And third, Urban our character. It has inspired our pio- gressional candidate Lyndon Baines Parks Initiatives is $125 million annu- neer spirit, our resourcefulness, and Johnson. In 1939, he graduated from the ally. It also provides 500 million addi- our generosity. Its greatness has fueled University of Texas Law School and tional dollars each year for coastal im- our individualism and our optimism opened his own law office in Browns- pact assistance including wetlands pro- and made us believe anything is pos- ville, TX. A solo firm was financially tection. sible. It has influenced our music, our risky for such a green young lawyer, This new conservation royalty is not literature, our science, and our lan- but Reynaldo Garza strongly believed such a new idea at all. It is modeled guage. It has served as our training he should practice law in his commu- after the existing State royalty for on- ground for athletes and philosophers, nity, among his family and his friends. shore oil and gas drilling created in the of poets and defenders of American Reynaldo Garza served for 4 years as Mineral Lands Leasing Act of 1920. The ideas. a gunnery sergeant in World War II and act gives 50 cents of every dollar from So let us come together to conserve returned to Brownsville with a growing drilling onshore—and in the case of the great open spaces of our country reputation as a civic leader and a bril- Alaska, 90 cents out of every dollar—as for generations to come. That is why liant lawyer. He was invited to join the a royalty to the State in which the the generation before us—Presidents largest firm in town as a partner, drilling occurs. Eisenhower and Kennedy and Johnson where he practiced commercial and in- In a similar way, our Americans Out- and Reagan—worked to establish the surance law for more than a decade. doors Act of 2004 would create a con- Land and Water Conservation Fund 40 When a Federal judicial vacancy servation royalty of about 25 percent years ago. That is why we should make came up in 1961, President John F. for revenues of the funds collected sure it is fully funded today. The Kennedy nominated Reynaldo Garza to from offshore drilling on Federal lands. Americans Outdoors Act will do just fill the seat with broad support from Some of the royalty would go to States that. the Texas leadership. After being con- such as Texas where the drilling oc- Mr. President, I yield the floor. firmed, Judge Garza plowed through a curs. More would go to all States for The PRESIDING OFFICER. The Sen- heavy 2-year backlog of cases in excep- parks, game and fish commissions, and ator from Texas. tional time. As his profile grew, Judge projects funded by the Land and Water f Garza became a symbol for many Conservation Fund. young, hard-working Hispanics to pur- EXTENSION OF MORNING The premise of this legislation is sue their goals of leadership within the BUSINESS simple. If drilling for oil and gas cre- legal, business, and social community, ates an environmental impact, it Mr. CORNYN. Mr. President, I under- blazing a trail for others to follow. makes sense to use some of the pro- stand that morning business is set to Those in Brownsville, TX, who saw ceeds to create an environmental ben- expire soon. I ask unanimous consent Judge Garza as a model to follow in- efit. In 2001, the Federal Government that period be extended so other Sen- cluded a junior high school student received $7.5 billion in oil and gas reve- ators may speak during this extended named Juliet Garcia, who became the nues from Federal offshore leases. This period of morning business for up to 10 first Mexican-American woman presi- revenue comes from the Outer Conti- minutes each. dent of a university, and a young attor- nental Shelf which supplies more oil to The PRESIDING OFFICER. Without ney, Federico Pena, who was to become the United States than any other coun- objection, it is so ordered. U.S. Transportation Secretary. try, including Saudi Arabia. Mr. CORNYN. Mr. President, to make Garza wrote: I mentioned at the beginning this sure I do not run out of time—my re- I’ve always said I hope I got the appoint- was a bipartisan idea. I should mention marks may take a couple minutes ment because I was qualified, not because I one other President who was involved more—I ask unanimous consent that I was Mexican American. But I knew I had to in this idea. His name was Ronald be allowed to speak for so much time do a good job or else my actions would re- Reagan. In 1985, President Reagan as I may consume, not to exceed 15 flect not only my ability, but also that of asked me to chair the President’s Com- minutes. other Mexican Americans. mission on Americans Outdoors which The PRESIDING OFFICER. Without It was in December of 1976 when looked ahead for a generation to try to objection, it is so ordered. President-elect Jimmy Carter called

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.044 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9265 Judge Garza personally to ask him to come effective advocates on a moot servatives such as Paul Wolfowitz and join his Cabinet as Attorney General. court panel. He and I served on the Richard Perle charging Jewish DoD of- But Judge Garza thought it was a same panel. I remember his great ficials with manipulating U.S. intel- prank call, so he simply hung up the humor, his great intelligence, and his ligence in order to ‘‘force’’ the United phone. Eventually, after being con- incisive questioning. States to take out Saddam in Iraq convinced this was indeed the real thing, a It may seem as if Judge Garza is gone tain familiar anti-Semitic overtones. request from the President-elect, Judge from us now, but he is still here as long The fact is the Senate Intelligence Garza gracefully declined the offer be- as we bear his memory in our hearts, Committee, after an exhaustive review cause he wanted to stay close to home as long as we honor what he gave to us of pre-war U.S. intelligence, found ab- and stay close to his community. during his time here on Earth, and as solutely no evidence of pressure being But it was in 1978, when President long as his example inspires a child to put on intelligence analysts to change Carter called again, and this time of- dream of greater things. their official assessments by any offi- fering him a nomination to serve on May God bless Reynaldo Garza. And cer of the administration. the Fifth Circuit Court of Appeals— may God bless his family. The Jewish state has tried in earnest after having been confirmed by the Mr. President, I yield the floor. to sacrifice ‘‘land for peace’’. We wit- Senate—he became the first Mexican- The PRESIDING OFFICER. The Sen- nessed Prime Minister Barak’s offer to American Federal appellate court ator from Missouri. Chairman Arafat: shared sovereignty judge. At every step of the way, f over Jerusalem, Muslim control of the Temple Mount, 97 percent of the West Reynaldo Garza blazed a trail for oth- ANTI-SEMITISM ers. Bank and Gaza, and a land swap in the U.S. Ambassador to Mexico Tony Mr. BOND. Mr. President, today my Negev for a corridor around Jerusalem Garza, who practiced law in Browns- subject is going to be one which we had that couldn’t be given away, a ‘‘right ville from 1983 until 1988, told the Asso- hoped would not be facing us. But it of return’’ for thousands of Palestinian ciated Press today that everybody who still faces us today, and that is the age- refugees, and a compensatory package knew Judge Garza had a story to tell. old plague of anti-Semitism. Like so for those that couldn’t be re-absorbed. He said: many other diseases, we thought it had The offer was so generous that many I remember him telling me when I was a been wiped off the face of the Earth. were privately apprehensive about lawyer, ‘‘Don’t ever forget you’ll have a lot But it has returned in new and, unfor- what would become of Israel if Arafat of clients, if you’re lucky, but hopefully your tunately, virulent forms. were to have accepted it. Yet, Arafat clients will only have one attorney.’’ In July of this year, Australia’s larg- walked away from the negotiating The Ambassador said: est synagogue in the west coast city of table and responded with violence I will never forget that advice. Perth was defaced with anti-Semitic which has remained unmitigated ever Judge Garza retired from active serv- graffiti that read ‘‘6 million more since. Over 1,000 innocent Israelis have ice in 1982, but he continued to serve on please with fries.’’ Recently, in the lost their lives for simply riding on the Fifth Circuit Court of Appeals with United States, and at least 14 other buses, or going out to eat pizza with a reduced workload. His last court sit- countries, anti-Semitic incidents have their families. ting was in 2001, and he continued been recorded, and the trend is not Under Article 51 of the U.N. charter, working as a circuit court judge until promising. Mass expulsions, forced con- a nation’s primary responsibility is to the time of his death. He never lost versions, bans on land ownership, job protect the lives of its citizens. When that dedication or belief in the impor- and housing discrimination all mark a Israel tried to do that, by building a tance of hard work and perseverance. people who have been singled out, not defensive barrier to keep out terrorists, Let me share with you one additional because of what they have done but be- which has resulted in a 90 percent de- story. This one is from the Brownsville cause of who they are—Jews. crease in terrorist attacks, the U.N. Herald of today. It was reported: Now, many of us who came of age in General Assembly voted to refer it to Garza touched many [lives] in the legal the post-World-War-II era harbored the the International Court of Justice, in community, both professionally and person- illusion that the last remnants of anti- the Hague. The ICJ declared Israel’s se- ally. Semitism perished in Hitler’s gas curity fence ‘‘immoral’’ and demanded Undeterred by his illness, he officiated the chambers. Many believed that what that it be removed. The security fence swearing in of U.S. District Judge Ricardo H. American GI’s discovered in Nazi con- will disrupt the Palestinian’s travel, Hinojosa in McAllen as chairman of the fed- centration camps was so horrendous but inconvenience is not final, death is. eral sentencing commission. The ceremony and shocking that it finally put an end The ICJ decided that only Israel was performed in [Judge] Garza’s hospital to what historian Robert Wistrich had room in Brownsville on Aug. 3, Hinojosa should be singled out for moral oppro- said. dubbed ‘‘the longest hatred’’—that of brium—for building a security fence to [Judge] Hinojosa met [Judge] Garza when anti-Semitism. defend the lives of its civilian popu- he was on the bench at the federal court- Unfortunately, we are witnessing a lation. This is occurring while Muslims house in Brownsville. Their two courtrooms rapid re-emergence of anti-Semitism. with less dark pigment in their skin were located on the same floor. From the Middle East where sermons are systematically murdering Muslims ‘‘Judge Garza was a great mentor and im- from mosques single out Jews for with more dark pigment in their skin, mediately made me feel at home . . . he was death; to Paris, where Jewish schools always ready to provide advice and counsel,’’ in the Darfur region of the Sudan, to [Judge] Hinojosa said. are firebombed and Jewish children are the tune of 1,000 a week. When a Jew or Hinojosa said he has admired Garza since routinely attacked, to the conference Israel is judged by a different, more he was a boy. He remembers attending natu- against racism in Durban, South Afri- stringent standard than that used to ralization ceremonies in Starr County, which ca, which quickly became a carnival judge any other person or nation, there [Judge] Garza presided over. attacking Israel; to the inordinate is just one term for it: anti-Semitism. ‘‘I remember sitting there and not real- number of anti-Israeli resolutions in Unfortunately, the scourge of anti- izing that someday I would be working on the U.N. General Assembly, to U.S. col- Semitism is prolonged when the insti- the same floor as he did,’’ Hinojosa said. ‘‘He’s an example of anything that is pos- lege campuses, where anti-Israel rallies tutions we depend upon for community sible in this great county.’’ become forums with chants that dis- and regional stability are infected by ‘‘The rest of us have come along after him integrate into cries of ‘‘Death to the it. Take for example the United Na- because he opened doors for us. He opened Jews’’, anti-Semitic acts have become tions Relief and Works Agency, doors that remain open for the rest of us.’’ commonplace and even fashionable UNRWA. Mr. President, today, I offer this sa- once again. As Natan Sharansky wrote The United Nations Relief and Works lute to the memory of Judge Reynaldo in Commentary magazine, November Agency was established in 1949 to pro- Garza. 2003, ‘‘Israel has become the world’s vide humanitarian services to Arabs I remember when I served on the Jew and anti-Zionism is simply a sub- who left their homes during the war State judiciary, we were at Southern stitute for anti-Semitism.’’ against Israel’s independence. UNRWA Methodist University School of Law In Washington, the recent attacks on is the only U.N. agency assigned to trying to help young law students be- Doug Feith and the so-called neo-conserve only one class of people, and the

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.058 S15PT1 S9266 CONGRESSIONAL RECORD — SENATE September 15, 2004 only refugee agency whose mandate murder would only come back to haunt nity across our Nation. Yet in the fis- does not include the resettlement of its us just as appeasement to terrorism in cal year 2005 budget, all of these pro- wards. Fifty-four years after its found- the 1980s and 1990s did on 9/11. Giving in grams are targeted for dramatic cuts. ing, UNRWA is providing assistance to to the prevailing, fashionable wind of This is happening at the same time the grandchildren and great-grand- anti-Semitism and anti-Zionism would that we know the administration has children of those who left. Soon it will directly contradict the ideals that this continued to underfund the No Child be providing services to the grand- country has been founded upon. Left Behind Act. children of the grandchildren. All other I yield the floor. In New York City, we have the larg- refugees are the responsibility of the The PRESIDING OFFICER. The Sen- est school district in the country, with U.N. High Commissioner for Refugees; ator from New York. a million students. That seems shock- who serves 21.8 million persons in 120 f ing to some of my colleagues who come countries with the aim of resettling from States that don’t even have a mil- HISPANIC HERITAGE MONTH them. lion people. In very difficult cir- This situation, unintended at first, is Mrs. CLINTON. Mr. President, I rise cumstances, that school district is perpetuated now by a combination of in recognition of the start of Hispanic struggling to deal with the obligations naivete, inertia and ill design. It is re- Heritage Month. As we embark on this imposed upon it by the No Child Left sponsible in large measure for the in- month-long festivity, I am pleased to Behind Act. Among the obligations is tractable nature of Palestinian and take this opportunity to celebrate the to provide testing to children in their Arab claims against the State of Israel, extraordinary contributions to our native language. Yet we know that is and makes the Palestinians tools in country that the Hispanic community still not being fulfilled by the adminis- the continuing Arab struggle to embodies. tration. We know there are all kinds of delegitimize and ultimately eliminate Today it is clear to all of us that His- issues with overcrowding because we Israel. The difficulties created for the panic Americans are flourishing in are letting people move from school to Palestinian people by this are legion. every State in our Nation. The diver- school under the transfer provision, With the exception of Jordan, Arab sity of the population is such a tribute but we don’t have adequate space for states in which they live have refused to the freedom and opportunity Amer- them to move into. Because of the very to grant citizenship to them or to their ica promises. highly concentrated Hispanic popu- descendants born after 1948. Hispanic Americans are starting lation in New York, that falls dis- In some countries, Lebanon in par- growing businesses, contributing to the proportionately on the children I rep- ticular, laws strictly limit the profes- safety and security of our Nation resent. I worry that what was held out sions these persons may enter, the through their service in the Armed as a great promise under No Child Left schools they may attend, or the places Forces, going on to college in high Behind, because of a broken promise they may live. rates, and making a real difference in and a failure to fund what had been UNRWA schools, according to the every part of American life. So there is promised, the burdens of complying State Department, provide children much to celebrate during Hispanic Her- with that act are falling on those least with textbooks that ‘‘contain anti- itage Month 2004. able to bear them. Israeli and anti-Jewish content.’’ This There are also serious concerns that Perhaps most alarmingly, the Presi- is a mild statement. In fact, many of should involve all of us—not only those dent continues to tell us, against the the texts contain exceptionally lurid who themselves are of Hispanic herit- evidence we see with our own eyes, and hateful propaganda. age or those like myself who are privi- that the economy is strong and that UNRWA-administered camps are leged to represent a very vibrant, dy- the budget deficit, estimated to be at filled with weapons, as has been ac- namic Latino community in New York, least $422 billion—and more likely $445 knowledged by UNRWA personnel in but for all Americans—because the billion—is not to be worried about. In statements to the media. The Govern- issues facing Hispanic Americans are fact, recently, on a national news pro- ment of Israel has charged that the same ones that are important to gram, the President was asked whether UNRWA warehouses have been and are every American. he thought the budget deficit—the being used to store weapons and bomb I have been concerned because I highest in our history—was pretty making material. think on so many fronts the record of good. The President answered, ‘‘Yes, I Each year UNRWA-financed projects, the current administration is one that do, I do.’’ Well, I could not disagree such as the Union of Youth Activities by any objective analysis is found more. There is nothing pretty good Centers, sponsor gigantic ‘‘right of re- wanting. Time and time again, the ad- about a record budget surplus in 2001 turn’’ rallies throughout the West ministration has promised or told us being transformed into a record budget Bank and Gaza, encouraging people to one thing, only to proceed to do some- deficit. All the while, the number of believe the existence of Israel is tem- thing else and to establish a record of Americans without health care goes porary and will be reversed by the U.N. broken promises. up, the number of Americans in the UNRWA is financed by voluntary For example, on health care, His- middle class falling into poverty goes contributions and, according to U.N. panic Americans, as all Americans, are up. records, the United States has consist- dependent in their older years on Medi- Since the President took office, the ently contributed about 25 percent of care. Medicare provides vital services number of Americans living in poverty UNRWA costs. In 2002, that amounted to Hispanic seniors. They were listen- has increased by more than 4.3 million to $110 million. UNRWA is funded an- ing last year as President Bush claimed men, women, and children. Median nually, providing an opportunity for his Medicare bill would benefit them. household income for families is down countries to examine the mandate, pro- He repeated that claim in his speech at 3.4 percent. However, the picture for pose changes, and decide whether or his party’s political convention. And Hispanic Americans is even bleaker be- not it will renew funding. It is time to the next day, what did we see? The cause so many of them start at the bot- initiate a thorough investigation into largest increase in Medicare premiums tom of the economic ladder, where they the finances of this agency. We must in history. work and strive and accomplish so work to eliminate institutional hatred While Hispanic parents, like all par- much to lift themselves and their chil- as exemplified by the anti-Semitic cul- ents, look to our public schools to help dren out of poverty. So while 11.7 per- ture resident within UNRWA. their children acquire the tools to be cent of all Americans live in poverty, Some will say that America would successful in our very competitive 21.4 percent of Hispanics live in pov- not be targeted by terrorism if it did global economy, again, the Bush ad- erty. Last year, median income fell, on not support Israel to the degree that it ministration has proposed over and average, $63 nationally, but it dropped does. If we stand by and witness this over in its budget to cut key programs $864 for Hispanic families. hatred without intervening or sup- such as bilingual education, dropout The list goes on and on because so porting our democratic ally then we prevention, migrant and seasonal Head many of the pillars of the American would become as venal as the rest of Start, and Hispanic Serving Institu- middle-class dream—a dream that sus- the world. Appeasement of hatred and tions that do so much in every commu- tained my family, that motivated me,

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.018 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9267 that has brought many of us to this that we pass the DREAM Act and con- Latinos are also active in every facet Chamber—are beginning to erode. What tinue to do everything we can to en- of business. does it mean if the income you get sure the promise of the American They are the entrepreneurs of family from a job is not enough to sustain dream for Hispanic Americans and companies and the CEOs of large cor- yourself and your family? What does it every American. porations. They are bankers and build- mean for a minimum wage when you Mr. REID. Mr. President, I rise to ers, manufacturers and marketers. work 40 hours a week and you remain commemorate an occasion that is be- So there is no way to stereotype His- mired in poverty? What does it mean if coming more important with every panics, they are simply too diverse. you can get a job but it doesn’t have passing year. But beneath that diversity, I believe health care benefits? What does it In 1968, Congress designated the week there are some strong values that are mean if your pension is at risk and the of September 15 Hispanic Heritage shared not only by Americans with Pension Benefit Guaranty Corporation, Week. The celebration was subse- Hispanic heritage, but by Americans of the Federal Government’s promise to quently extended to include the entire all backgrounds. try to guarantee those pensions, is tot- month from September 15 to October We all believe in opportunity. tering as well? 15. Every person should have a chance to Mark my words, we are on a path September 15 was chosen as the open- realize his or her dreams. that will undermine the economic via- ing of Hispanic Heritage Month to The power of that idea has propelled bility not only of American businesses honor the independence day of several the United States from an upstart na- in this competitive global economy but Latin American countries including tion to the most powerful country on of Americans, American families, and Costa Rica, El Salvador, Guatemala, earth. And it is just as powerful today traditionally disadvantaged commu- Honduras, and Nicaragua. The nations as it was 228 years ago. nities will suffer disproportionately. of Mexico and Chile also gained their We all believe in hard work. Every When people sort of dismiss the im- independence on September 16 and 18, individual deserves an opportunity, but portance of the Federal budget deficit, respectively. then it is up to the individual to make I don’t know what economic text they Today, Hispanic Heritage Month not the most of that opportunity. have been studying. We know that it is only recognizes and celebrates the im- And we all know that our families inevitable that interest rates will rise, portant contributions that Latinos are a source of strength and inspira- capital will be squeezed as the Govern- make to our Nation’s cultural, eco- tion. The love of our families sustains ment takes more and more. But what nomic, and political life, it also re- us, and drives us to make the world is even worse is we become increas- minds us of the strength we draw from better for our children and grand- ingly dependent on foreign lenders. I diversity. children. for one am not enthusiastic about the People all over the world have Nevada has a particularly strong his- fact that we borrow tens of billions of flocked to America in search of free- torical connection to Hispanic culture. dollars from the Governments of dom and opportunity. This has made us Latinos have been in my State since Japan, China, and South Korea. How one of the most diverse countries on long before the United States gained can we look ourselves in the mirror earth, and Latinos are an important independence. and know we are now the world’s big- part of that diversity. In fact, there were Mexicans working gest debtor nation, and among our Hispanics in the United States are in some of the oldest mining claims in creditors are nations we built, we not one monolithic, homogeneous the State and they contributed greatly saved, we economically propped up or group. In fact, they come from many to Nevada’s mining industry. are our competitors strategically and different cultural and ethnic back- One of the richest silver mines in the economically for the future? We are grounds. world, the Comstock Mine near Virgina setting up a house of cards. When it Latinos in the United States can City, was first discovered by Ignacio will begin to totter adequately for all trace their ancestry to more than 20 Paredes from the State of Sonora in to see, I cannot predict, but I know we countries and territories, spanning an Mexico. are living on both borrowed money and area of thousands of miles, from as far It was Sonoran miners who intro- borrowed time. north as Puerto Rico to as far south as duced the use of a pan for creek bed I do not wish to dampen the celebra- Argentina, and encompassing a wide mining, and the process known as ‘‘dry tion of Hispanic Heritage Month, but array of cultures and histories. digging’’ that facilitates mining in none of this sounds pretty good to me. The families of some Hispanics have areas where water is scarce. The Latino community has made so been in this land since the 16th Cen- Hispanics also played a role in the many contributions to our history, our tury. Others are newcomers to our Na- early days of the hospitality industry culture, our economy, and our society. tion, drawn by the same sense of hope in Nevada. A man of Mexican decent by I wish every one of my colleagues could that has always made America a bea- the name of Bony Aguilar is considered march with me in the many parades we con for immigrants. one of the pioneers of the tourism and hold in New York, celebrating the var- Some Latinos speak Spanish. Others entertainment industry in my State. ious diverse heritages that make New speak only English, and many are con- Originally a miner, Bony Aguilar set- York the most dynamic, extraordinary versant in both languages. tled in Silver Peak Marsh in 1870, place on this wonderful planet of ours. But taken as a whole, Latinos in the where he built a resort and saloon Just to see and hear the excitement, United States reflect the diversity and along with a bathhouse that utilized the music, the color, and the vivacity breadth of Hispanic culture and his- the natural hot springs at the site. would lift your spirit. tory. The resort prospered and people came I am so proud and honored to rep- Today, Latinos are not simply a from across the State to enjoy the hot resent the most diverse Hispanic com- small isolated minority group in our springs, hear Mr. Aguilar’s stories, and munity in our Nation. Yet I worry that country; rather they take part in every stay at the resort. if we don’t focus on what is happening aspect of American life. Mexican workers played an integral in our health care system, our edu- Many prominent American citizens role in the construction of the San cation system, and our economy, all are Latinos. Pedro, Los Angeles, and Salt Lake Americans will wake up to find that People like Cesar Chavez, founder of Railroad that gave the city of Las the future is not as bright as it should the United Farm Workers Association; Vegas its beginnings. be, that the promise we all feel is part Bill Richardson, Governor of New Mex- And Mexicans were among some of of our birthright—those of us born here ico; Julia Alvarez, internationally rec- the first residents of Las Vegas. and those of us who came here—has ognized author of ‘‘In the Time of the Hispanics were also involved in early somehow been undermined. Butterflies;’’ and John Leguizamo, ranching in Nevada. The Altube broth- It gives me great pleasure to cele- actor and 2004 recipient of the Hispanic ers, although of Spanish decent, came brate Hispanic Heritage Month but to Heritage Award in the Arts have made to Nevada via South America. ask that we do more, to ask that we great social, political and artistic con- They established the Spanish Ranch pass legislation such as AgJobs, ask tributions to this Nation. in northeastern Nevada and employed

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.061 S15PT1 S9268 CONGRESSIONAL RECORD — SENATE September 15, 2004 many Mexican cowboys, who were ENERGY dian company, had begun to produce known to be some of the best in the Mr. CRAIG. Mr. President, I come to cellulose ethanol commercially. That State. the floor to talk about energy once ethanol produced from wheat straw is The Spanish Ranch became one of again. Here we are now, with record now being sold and used in small quan- the largest ranches in the history of gas and oil prices, and several of the tities in Ottawa and surrounding areas. Nevada, encompassing 60,000 acres. opponents of the energy bill produced The cover of the August 30 issue of The important role of Latinos in Ne- by Senator DOMENICI, myself, and oth- Fortune magazine, a magazine I hold in vada has continued right up to this ers—my Democrat colleagues on the my hand, says ‘‘How to Kick the Oil day. In 1976 a small group of Cuban other side of the aisle—are now claim- Habit.’’ The article mentions alter- Americans established the Latin Cham- ing that the bill does little, if it were native fuels as one of the four ways to ber of Commerce in Las Vegas with the passed and if it were law, to reduce our kick the habit. It also focuses on Iogen goal of promoting the economic ad- dependence upon oil or other fossil and cellulose ethanol in this article. So vancement of the Latino community fuels. Less dependence is something we cellulose ethanol seems to be on its and the State of Nevada. all share. way. Since then the Latin Chamber of First of all, I challenge my Demo- But why should any of us care about Commerce has played an important cratic opponents to pass the law. First this? What does it have to do with our role in Nevada’s Hispanic community. pass the law, get it into production, see Energy bill? The Energy bill contains a Its members have successfully advo- where it takes us, instead of simply provision that would allow commercial cated for educational equality and carp and carp very loudly about energy cellulose ethanol production to begin equal government hiring practices. prices and dependency on oil, and then in the United States within a matter of In the Reno area, the Northern Ne- do nothing about it except talk in po- a couple of years. vada Hispanic Chamber is also a strong litical terms in a very political year. Iogen has partnered with Shell Oil, force for progress. What I am going to suggest and show and together they want to build the These are just a few of the contribu- you in the next few moments about one world’s first full-scale cellulose ethanol tions that Hispanics have made to Ne- aspect of the bill—one relatively small production facility right here in the vada. aspect of the bill—I think argues that As you can see, Hispanics have been United States. But as long as the En- if the bill were law today and if it were ergy bill is stalled, so is this project. A in Nevada since before it became a allowed to be implemented, it would State, and they continue to play an im- lot of lipservice can be given, but until give us the opportunity to rapidly this Congress acts and until my col- portant role today both in my State begin to decrease our dependence on and throughout the country. leagues on the other side of the aisle foreign oil and other fossil fuels. line up with us to allow this tech- I would like to commend Dr. M. L. The one provision I am talking about Miranda for his pioneering scholarship nology to come on line, there can be a in the bill by itself could reduce our de- lot of talk, but the dependence on for- of Hispanics in Nevada. Without his pendence on gas and other foreign oils eign oil will continue. original research, there would be little by as much as 12 billion gallons. To un- acknowledgement of the influence of Also stalled today would be an oppor- derstand how wrong my Democratic tunity to begin to fill the gas tanks of Hispanics throughout Nevada’s history. colleagues are on this issue, let’s look Americans with a fuel that would be I would also like to acknowledge the at the provisions of the bill that would grown in the heartland of America. many Hispanics serving in our armed enable loan guarantees to help kick- Certainly, we have and will continue to forces. start the cellulose ethanol industry. use corn-based ethanol, and the Energy This is a critical time in our Nation’s Cellulose ethanol could develop very bill I talk about would go a long way history, and our troops are deployed all quickly as an industry and have a toward bringing more of that into pro- around the world. Many Latinos have major impact on rural incomes and the followed the call to service, and they environment as well as our energy se- duction. But there is a limit as to how risk their lives every day in defense of curity. much corn we can dedicate to energy our freedom at home. What is cellulose ethanol? Cellulose production. I am sincerely grateful to all those ethanol looks, smells, and acts like On the other hand, with cellulose who leave their families behind to regular ethanol, but instead of being ethanol, we are not talking about serve their country. made from corn, it is made from what small quantities. This summer, Sec- On this, the first day of Hispanic Her- we call agricultural residues. Agricul- retary of Agriculture Ann Veneman an- itage Month, I am honored to have tural residues are a part of the plants nounced the results of a study that been able to share with you the stories for which we have no commercial pro- showed there is enough agricultural of some of the Hispanics that helped es- ductive use today. When a crop is residue produced on our farms to sup- tablish the ‘‘Battle-Born state,’’ and to grown—grain, for example—we use the port 200 of these types of ethanol pay tribute to the diversity of this grain for food, both animal food and plants and that those plants could dis- great Nation. human food. Some of the plant is often place 7 to 10 percent of the gasoline we The PRESIDING OFFICER (Mr. left on the ground to keep the soil fer- consume today. That is a reasonable SMITH). The Senator from Idaho is rec- tile and from eroding. We call it straw. guesstimate. ognized. And the rest must be disposed of as a You have heard me right: If we get Mr. CRAIG. Mr. President, I come to form of residue. Sometimes it is this industry going by simply using the Senate floor on another topic at burned, sometimes it is bailed and used waste materials from America’s farms, this moment, but I want to reflect for livestock bedding, and a variety of we could knock almost 10 percent off briefly on what my colleague from New other purposes. But residue is straw our gas imports. What does that say as York said about the Hispanic commu- from which wheat and barley grow in to our ability to negotiate in a world nity of New York. I would like to speak my State and nearly every other State market? It says a great deal because about the ones of Idaho. They are some in the Nation. It is the corn stover, the now we have leverage, and the leverage of the most upwardly mobile, achieving stalks, the husks, the cobs from the is a product being produced right here communities in my State today, with Corn Belt. It is the sugar bagasse or at home. great successes. They are out to be- cotton stalks from Florida or Texas. It This will not happen unless we are come Americans, or are becoming is that residue that American agri- able to implement this bill and bring it Americans, by their ingenuity, cre- culture produces. on board. Just one cellulose ethanol ativity, and their energy. While I don’t Farmers often pay to dispose of this plant would enhance energy security think they are looking for a handout, material. We have known for a long by replacing a gasoline component of they are certainly looking for a hand time that cellulose in this material can the crude oil imports from 2.4 to 2.9 up, and they are getting that. I am be transformed into hydrocarbons. Now million barrels per year; increase farm proud of them, and they have every it seems that the technology to do so is income by $25 million per year by cre- reason to be proud of themselves dur- closer than ever before. ating economic value for residues that ing this month as we celebrate their The Wall Street Journal reported on currently, as I said, have little to no heritage. April 21 of this year that Iogen, a Cana- value or are simply viewed as waste;

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.064 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9269 create economic development by cre- bill will do nothing for the American firmative actions to preserve what we ating over 1,000 new jobs during peak consumer, I say politically and in re- can, to give our people and our popu- construction, and almost 200 new per- ality, shame on them. They know bet- lation places to grow, expand, earn manent jobs and about 450 spinoff jobs. ter. They worked with us in trying to livings, and create jobs. We have an ob- That is positive economics when you develop this bill over the last 5 years. ligation, as stewards, as the Senator can talk in those terms, and those It has become a bipartisan working said earlier, not just to our constitu- terms are not just talk. That is reality piece in a very comprehensive way. ents but actually we have a moral obli- if we implement the Energy bill. Today, I have taken just a small gation to the Creator who created this It would reduce net emissions of car- piece of that bill, the cellulose ethanol beauty to be good stewards of the land bon dioxide by 355,000 metric tons an- production capability of this country, and the gift that has been given. nually and would reduce emissions of and to suggest that it would reduce our Looking at the 40th anniversary of major air components targeted by the dependence by 12 percent or even more, the Land and Water Conservation Clean Air Act. that it would improve American agri- Fund, while we have done a good job, A mature cellulose ethanol industry culture and put $25 million a year into while we have made a fine effort, while based on agricultural residues alone the heartland of America, oh, my good- we can point to many success stories of would multiply these benefits: Enhance ness, we cannot as a country look for- the Land and Water Conservation U.S. energy security by displacing up ward in that way, shame on us. Fund, I stand today on the 40th anni- to 10 to 12 billion gallons of gas annu- I hoped we could have passed a na- versary with the Senator from Ten- ally, which represents 7 to 10 percent of tional energy bill this year. We are cer- nessee to say that we must do better. current U.S. gas consumption; provide tainly going to in the future because There are terrible gaps in funding that approximately 200 to 300 rural commu- the American public, I trust, is going are leaving beautiful States such as nities with more jobs and farmers with to get fed up with paying $2.10 or more Tennessee and magnificent States such more income, and certainly a stronger a gallon for their fuel and finding as Louisiana and other States through- economy for American agriculture; re- themselves increasingly dependent out our Nation desperate for Federal duce carbon dioxide, CO2, emissions upon the Middle East. That is some- help to finish the good work that was from 65 to 100 million metric tons. thing the American consumer should started late in the last century. We are talking about putting money not tolerate and that the American President Roosevelt, who is even into U.S. farmers’ pockets instead of politician ought not stall out or block credited today with being such a great the pockets of the oil sheiks of the from happening. visionary conservationist, was an advo- Middle East. I yield the floor. cate of the preservation of special About 29 States currently produce The PRESIDING OFFICER. The Sen- places in America. That is what we ethanol, and those States clearly have ator from Louisiana is recognized. come today to talk about, how impor- the ability to produce cellulose ethanol Ms. LANDRIEU. Mr. President, I ask tant it is to recommit ourselves, on in a tremendous way. Chart 1 shows the unanimous consent to speak for up to this 40th anniversary, to setting aside States that are capable of doing that. 10 minutes. the proper amount of money, not more Can you imagine, instead of having f than we need but an adequate amount only a few oil-producing States in our of money to help our Governors and CONSERVATION ROYALTIES Nation, we would have nearly 25 States our mayors and support a new effort capable of producing? That is the value Ms. LANDRIEU. Mr. President, I see for wildlife preservation and support of this program, and adding nearly $25 my colleague from Tennessee is again our coastal areas in light of the origi- million a year to the local economy. on the Senate floor, and it is my pleas- nal vision of the Land and Water Con- That is what we are talking about with ure this afternoon to spend a few min- servation Fund. regard to this Energy bill and what it utes with him marking the 40th anni- So the Senator from Tennessee and I could do. versary of the creation of the Land and have introduced the Americans Out- So not only are we talking about Water Conservation Fund, a fund that doors Act of 2004. I commend the chair- that, but our second chart shows what has been extraordinarily helpful and man, PETE DOMENICI from New Mexico, is extremely important, and that is in useful to Governors, mayors, local who, in this very challenging year, has carbon savings reported by various elected officials, and advocates for con- already allowed us a hearing on this studies by bringing this kind of produc- servation and for preservation for these bill. We look forward to working with tion online. Reducing demand on gaso- 40 years. the members of the Energy Committee, line from foreign oil from 15 to 20 per- When it was passed and signed into which has jurisdiction, of course, and cent creates anywhere from $5 billion law by President Lyndon Johnson, it the Department of Interior as we move to $7.5 billion annually in economic was a very farsighted and bold legisla- this great legislation through seeking growth in rural America. That is what tion that acknowledged that one of the a more reliable source of funding. we are talking about, and that is what great characteristics that separates We propose in our legislation to basi- I think chart 3 represents so clearly. It America from the rest of the world, cally establish the same conservation is tremendously important. particularly the old world represented royalty that the Federal Government Here is today’s gas engines, in rela- by the European countries. The essence now gives for onshore production of oil tion to greenhouse gas emissions. Here of America, having such great expanses and natural gas. This bill will create a is the diesel hybrid that we are all ex- and great outdoors, separates it from conservation royalty for offshore pro- cited about today in hybrid production, an old world that was relatively small duction of oil and natural gas and have again a decline. Here is the hydrogen geographically and somewhat cramped. it distributed in a way that com- fuel cell car. Our President has been The United States of America has plements and fulfills the promise of the leading and talking about the new hy- many special characteristics about it, Land and Water Conservation Fund. It drogen technologies for surface trans- but the one that really stands out that is like saying the great wealth of this portation. Then we have today’s eth- people of all political persuasions and resource, of oil and natural gas, should anol engine, today’s ethanol fuel cell from all geographic areas really appre- be invested, as the Senator said, in the engine. ciate and grasp is the value of the vast- Federal Treasury to help economic de- As a country, we are simply on hold ness of our land and the great open velopment and building highways and at this moment because for 5 long spaces. Our mighty rivers, our deep the space program and should support years this Congress has debated but has canyons, our extraordinary lush forests our military. refused to pass a comprehensive na- and green spaces, our breathtakingly A large percentage of these tax dol- tional energy policy that not only ad- beautiful deserts are all the things that lars should go for general uses, but a vances these technologies but make this country what it is. small percentage, 25 percent of these incentivizes the marketplace to go Although the country was created billions of dollars that are generated, after these technologies. this way and a great gift to all of us should really go to a conservation roy- So when our colleagues on the other from the Creator, it is not going to alty to acknowledge the creation that side of the aisle simply say the Energy stay this way unless we take some af- we have inherited, to acknowledge the

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.067 S15PT1 S9270 CONGRESSIONAL RECORD — SENATE September 15, 2004 great land and water that we have in- bust our park systems and our public nation’s oil, natural gas, and other mineral herited, and to say on this day we be- lands for the benefit of our grand- resources on the outer continental shelf in lieve it is wrong to take and never to children in a way that complements federal offshore waters. The agency also col- give back. We believe it is our political the private sector, private property, lects, accounts for, and disburses mineral revenues from Federal and American Indian and moral responsibility to be good and the economic development efforts lands. Between 1982 and 2003, MMS distrib- stewards of the wealth that is gen- that will continue to be underway for uted more than $135 billion in revenues from erated and to turn back a portion of generations to come in this great Na- onshore and offshore lands, an average of that money for conservation. It is our tion. more than $6 billion per year, to the Nation, responsibility to give to our grand- I also ask unanimous consent to have States and American Indians. Nearly $1 bil- children and great grandchildren the printed in the RECORD a news release lion from those revenues goes into the Land great gift and the great land that was that was issued by the Department of and Water Conservation Fund annually for given to us by our forefathers and our Interior, saying how proud they are to the development of State and Federal park and recreation lands. Presidents, both Republican and Demo- have distributed some money, royalties, for conservation to interior Alabama ...... $14,601,401 crat, who have argued and established Alaska ...... 13,126,183 this great fund. States. Arizona ...... 128,474 So it is my hope, with the Senator There being no objection, the mate- Arkansas ...... 4,379,518 from Tennessee, that we will be joined rial was ordered to be printed in the California ...... 25,336,757 by other Senate leaders as we pursue RECORD, as follows: Colorado ...... 62,703,158 this effort to find a reliable stream of STATES RECEIVE MORE THAN $1 BILLION FROM Florida ...... 387,298 revenue to create a conservation roy- SHARE OF FEDERAL MINERAL REVENUES Georgia ...... 54 Idaho ...... 1,880,786 alty that will fully fund the State side WASHINGTON.—Secretary of the Interior Illinois ...... 100,822 of the Land and Water Conservation Gale Norton announced today that 36 states Indiana ...... 6,438 Fund, a robust coastal program for the received more than $1 billion during 2003 as Kansas ...... 1,928,091 States in our Nation, and a wildlife res- part of their share of federal revenues col- Kentucky ...... 55,782 toration fund, as well as the urban lected by the Department’s Minerals Man- Louisiana ...... 31,561,211 agement Service. parks component of the State side of Michigan ...... 425,844 The $1,096,699,888 distributed to states dur- Minnesota ...... 17,427 the bill. ing the year, was nearly 46 percent more I think we should explore and try to Mississippi ...... 1,231,716 than 2002 payments to states that totaled Missouri ...... 169,832 look for opportunities to find a reliable $753 million. Montana ...... 26,906,699 stream of money for the Federal side as ‘‘Responsible energy development on pub- Nebraska ...... 15,125 we continue to build and expand on lic lands and offshore areas contribute great- Nevada ...... 5,015,687 public lands in the United States. ly to states and local governments,’’ Norton New Mexico ...... 318,768,793 Let me say there is no one in this said. ‘‘The money enables local governments North Carolina ...... 118 Senate who understands the great to fund important projects for the better- North Dakota ...... 5,139,095 ment of communities and the lives of Ameri- Ohio ...... 301,952 value of private property more than do cans.’’ I and the Senator from Tennessee. I go Oklahoma ...... 3,541,950 The nearly $1.1 billion distributed through Oregon ...... 30,608 all over the world doing a lot of work December of last year represents the states’ Pennsylvania ...... 22,312 on economic development and lifting cumulative share of revenues collected from South Carolina ...... 20,602 people out of poverty. I have been prob- mineral production on federal lands located South Dakota ...... 413,977 ably to more orphanages and homes for within their borders, and from federal off- Texas ...... 19,069,085 poor children than most. Many Sen- shore oil and gas tracts adjacent to their Utah ...... 54,443,508 shores. Virginia ...... 2,099 ators do that great work. I am well ‘‘In many cases states share their revenues aware that, in order for countries to Washington ...... 815,708 with counties, which apply the money to West Virginia ...... 379,821 create wealth, owning private property meet needs like infrastructure improve- Wyoming ...... 503,771,957 and building equity in a home or get- ments and school funding,’’ MMS Director ting a mortgage for a farm is essential. Johnnie Burton said. Total ...... 1,096,699,888 That is the founding essence of Amer- During calendar year 2003, the state of Wy- ica. This bill we intend to reinvigorate oming again led all states by receiving more LAND AND WATER CONSERVATION FUND—STATE AND today is not a threat to private prop- than $503 million as its share of revenues col- FEDERAL APPROPRIATIONS lected from mineral production on federal erty. It complements the great com- lands within its borders, including oil, gas Fiscal year State Federal Total mitment we have to private property, and coal production. New Mexico’s share was appropriation appropriation appropriation by saying that some lands, a small por- more than $318 million, while $62.7 million 1965 ...... $10,375,000 $5,563,000 $16,000,000 tion of lands, should be in public hands. was received by the state of Colorado. Other 1966 ...... 82,409,000 38,428,349 122,114,349 The majority should be in private states sharing revenues included Utah with 1967 ...... 56,531,000 36,206,591 95,006,591 1968 ...... 61,520,000 39,902,359 103,940,359 hands. It is an extraordinary partner- more than $54.4 million; Louisiana with $31.5 1969 ...... 44,938,000 63,991,000 111,500,000 ship that gives value to both. million; Montana at $26.9 million; and Cali- 1970 ...... 61,832,000 66,156,000 131,100,000 The Land and Water Conservation fornia with more than $25.3 million. (Com- 1971 ...... 185,239,000 168,226,000 357,400,000 plete table provided below.) 1972 ...... 255,000,000 102,187,000 361,500,000 Fund envisions that strong partnership 1973 ...... 181,800,000 117,721,000 300,000,000 A state is entitled to a share of the min- 1974 ...... 65,767,000 5,480,000 76,223,000 making all of our land more valuable, eral revenues collected from federal lands lo- 1975 ...... 179,880,000 121,700,000 307,492,000 cleaner, more user friendly, open and 1976 ...... 175,739,000 135,587,000 316,986,000 cated within that state’s boundaries. For the 1977 ...... 175,315,000 356,286,000 537,799,000 beautiful for us to give to future gen- majority of onshore federal lands, states re- 1978 ...... 305,694,000 490,880,000 805,000,000 erations. ceive 50 percent of the revenues while the 1979 ...... 369,602,000 360,776,000 737,025,000 1980 ...... 299,703,000 202,540,000 509,194,000 I see the Senator from Tennessee, other 50 percent goes to various funds of the 1981 ...... 173,745,000 108,282,000 288,593,000 who may want to add a few additional U.S. Treasury, including the DOI Reclama- 1982 ...... 0 175,546,000 179,927,000 words. But I ask unanimous consent to tion Fund. Alaska receives a 90 percent share 1983 ...... 110,819,000 220,093,000 335,093,000 as prescribed by the Alaska Statehood Act. 1984 ...... 72,919,000 226,890,000 301,890,000 have printed in the RECORD the dis- 1985 ...... 71,853,000 213,130,000 286,612,000 States may also receive appropriations from 1986 ...... 45,993,000 120,646,000 168,209,000 tribution of money to the Land and the offshore royalty-funded Land and Water 1987 ...... 32,700,000 175,656,000 210,626,000 Water Conservation Fund. It is not 1988 ...... 16,567,000 150,478,000 170,464,000 Conservation Fund to help them with park 1989 ...... 16,700,000 186,233,000 206,233,000 blown up, but I think the cameras at and land acquisitions. 1990 ...... 29,843,000 211,719,000 231,481,000 least can zoom in to see how volatile In addition, coastal states with producing 1991 ...... 19,748,000 308,446,000 341,671,000 federal offshore tracts adjacent to their sea- 1992 ...... 19,748,000 294,148,000 317,392,000 the funding has been, up and down, up 1993 ...... 24,788,000 255,437,000 283,652,000 and down, since 1965. Our bill attempts ward boundaries receive 27 percent of those 1994 ...... 24,750,000 227,498,000 255,551,000 to equal this out by creating a con- mineral royalties. Remaining offshore reve- 1995 ...... 24,703,000 188,848,000 216,795,000 nues collected by the Minerals Management 1996 ...... 0 136,573,000 138,073,000 servation royalty so we can rely on 1997 ...... 0 227,498,000 159,379,000 Service are deposited in various accounts of 1998 ...... 0 270,098,000 271,098,000 these dollars and we can make good the U.S. Treasury, with the majority of Title V* ...... 0 699,000,000 699,000,000 plans, spend taxpayer money well and those revenues going to the General Fund. 1999 ...... 0 328,467,000 328,467,000 2000 ...... 40,000,000 419,000,000 459,000,000 wisely, creating beautiful bike paths MMS is the federal agency in the U.S. De- 2001 ...... 90,500,000 445,500,000 536,000,000 and trails, helping to make more ro- partment of the Interior that manages the 2002 ...... 144,000,000 429,000,000 573,000,000

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.069 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9271 LAND AND WATER CONSERVATION FUND—STATE AND cause I don’t like us relying so much the beginning of the Great Depression FEDERAL APPROPRIATIONS—Continued on the Middle East for it, so I vote for back in the 1920s. We have lost some- that. But I don’t know why we cannot where between 1 million and 1.5 million State Federal Total Fiscal year appropriation appropriation appropriation agree that, if we have an environ- jobs in this country in the last 4 years. mental burden on the one hand, we When you compare that to the 20 mil- 2003 ...... 97,000,000 313,000,000 410,000,000 2004 ...... 95,500,000 177,000,000 242,500,000 cannot create an environmental benefit lion jobs created during the 1990s, there on the other hand. is a startling contrast in what is hap- Total ...... 3,663,220,000 8,819,816,499 12,498,986,299 This is a subject the Senator from pening to America’s economy. *Title V Funds are supplemental to the FY 98 Appropriation. Louisiana and I hope to talk over with I think it is critically important in Ms. LANDRIEU. We ask the same, our Members and say yes, this is an these days that the American people be that the same process that is in the issue. We understand that. But for 50 well informed factually about what is law for onshore oil and gas drilling be years we have been taking 50 cents out occurring as we make the difficult in the law for off-shore oil and gas of every dollar that comes from drill- choices in the coming days about the drilling. The onshore revenue provision ing on Federal lands onshore—90 cents leadership of this Nation. has been in place since the early 1920s. in Alaska—and leaving it in the State Let me begin with the middle-income The record is clear. This, basically, is where the drilling is done. What we are squeeze because I think it is important the essence of what our bill does to suggesting is we take about 25 cents of to know what is happening to families mark the 40th anniversary of the cre- every dollar from offshore drilling and out there. We are watching a tremen- ation of the Land and Water Conserva- create a conservation royalty for the dous decline in household incomes. tion Fund. Let’s actually find a way to State to fund these programs the Sen- Household incomes have fallen about fund it. That is what our bill will do. ator talked about. We think that 3.4 percent during the last 4 years. The PRESIDING OFFICER. The Sen- makes good sense, and that it is in the Let me put that in terms of dollars ator from Tennessee. 40-year bipartisan tradition of the and cents. Mr. ALEXANDER. I commend the Land and Water Conservation Fund. To give you some idea of the median Senator from Louisiana. She has I am convinced there is a bipartisan household income in the year 2000, the worked hard for 6 years on legislation conservation majority in the United median household income was almost like this. I am proud to join her on the States of America, and that on this $45,000 a year—actually $44,853. Today, 40th anniversary of the Land and Water legislation there will eventually be a that median income is now $43,318. Conservation Fund to continue its bi- bipartisan conservation majority in That is a decline of $1,500 in median partisan support. support of the Americans Outdoors household income. That is a drop in If I may ask through the Chair a Act. earning power. question to the Senator from Lou- I yield the floor. If you have merely a decline in in- isiana. She mentions that for 50 years Mr. President, I suggest the absence come and also a commensurate decline we have had a tradition in this country of a quorum. in costs, you would say that is not of a State royalty. In other words, if The PRESIDING OFFICER. The great, but certainly given the cost of you drill for oil in Wyoming, for exam- clerk will call the roll. essential items that middle-income ple, there is a royalty paid to the State The assistant legislative clerk pro- families must acquire, those prices are of Wyoming, which is 50 cents out of ceeded to call the roll. going down, then the declining income every dollar of revenues. Mr. DODD. Mr. President, I ask unan- would not be startling. But what is I wonder if the Senator from Lou- imous consent that the order for the happening is quite the opposite. isiana knows what amount of money quorum call be dispensed with. We have watched median household that royalty produced for the State of The PRESIDING OFFICER. Without income decline by $1,500, and simulta- Wyoming this year? objection, it is so ordered. neously watched gas prices during the Ms. LANDRIEU. Yes, I do. I happen f same period of time go up almost 20 to have that document right here. percent in the United States. College I understand the State of Wyoming, SQUEEZE ON MIDDLE-INCOME tuition has gone up some 28 percent in according to this document, has re- FAMILIES that same 4-year period, and family ceived over $500 million. Yes, Mr. DODD. Mr. President, I want to health care premiums have risen 45 $503,771,000 this year, which was the take a few minutes this afternoon and percent just in the last 2 years by 26 State royalty for Wyoming. express my concern and the concern of percent—11 percent in 1 year and 15 For the record, New Mexico received many of us around the country about percent the next. So we are watching this year $318,768,000 in the same ac- the growing squeeze that is occurring household median income decline by count. on middle-income families in the $1,500, and then we are watching col- Mr. ALEXANDER. I thank the Sen- United States. This is a very alarming lege tuition, health care premiums, and ator from Louisiana. trend we are seeing. gasoline prices soar. This is the The Senator and I understand that I address not only that point but also squeeze. This is what is happening to those concerned about the appropria- the issue of what is happening with the average families in this country. tions process in the Senate have to rising level of poverty in the country, Also, as I mentioned at the outset, deal with this issue. Today, under our particularly poverty among our young- we are watching jobs not being created. budget rules, if we were to create a est citizens in the earliest ages, and We are short of well over a million jobs conservation royalty for offshore oil the number of children being born in that we need in order to maintain a drilling and made it identical to what the United States who are being born growing economy. But even these jobs we have been doing for 50 years with into extreme poverty—not just living are not coming back. We saw 144,000 onshore oil drilling, that would require in poverty but living below half the new jobs created in the month of Au- us to treat it in a different way today poverty line. gust. That is certainly vastly improved than they did 50 years ago when they When you think of the combination over the 32,000 new jobs created in started it. We know that. But what we of the squeeze occurring on the middle July. Understand that just to keep are trying to suggest is there is no real income and watching the growing num- pace with the new entries into the job difference between creating a royalty bers of children living in poverty in market we should be creating about on oil drillings or gas drillings onshore this country, all of us ought to be su- 220,000 jobs every month. That is what and oil or gas drillings offshore. In premely alarmed about those we need to do in an economy such as fact, there is a better argument for cre- trendlines. ours with a population of almost 300 ating a conservation royalty than for Add to that the fact that there now million people: You have it produce creating just any old royalty for the appears to be the largest single deficit about 220,000 new jobs every month just State of Wyoming or the State of New in the history of the United States, and to stay even. Mexico or Arizona or Montana. the failure to create new jobs in the When we start talking about 32,000 The logic is this. I am one who votes country, which is the worst perform- jobs or 144,000 jobs, while certainly for more drilling for oil and gas be- ance of job creation since just prior to 133,000 is positive news, it still is well

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.011 S15PT1 S9272 CONGRESSIONAL RECORD — SENATE September 15, 2004 below what we ought to be doing if we comes decline and their costs rise, and is close to 36 million, up 4.3 million are going to keep people working at wondering how they will deal with the people living in poverty in the United levels that will allow them to provide issues. States. Of those numbers, we have al- for their families. There are an additional 1.2 million most 13 million of that 36 million who As I mentioned a moment ago, we are Americans who no longer have health are children. watching incomes decline. This is even insurance. That number is up to 45 mil- While the overall child poverty rate more true when you start talking lion in our country; it was below 44 is 17.6 percent, the poverty rate for about new entrants into the job mar- million, but in the last year or so that children under 5 is 20 percent. That ket from people who have lost a job number has jumped by 1.2 million. makes the fastest growing group and then go back to work. They are Those people are working Americans among the poor today, families with making about $9,000 less a year overall, who have lost their health care cov- children under the age of 5. putting all incomes together, than erage because of the rising premium Those are the facts. That is the leg- they were before. costs of smaller and midsized busi- acy of 36 months—not quite, almost 40 While we are creating some new jobs, nesses. Their employers are not mean months of leadership here. We are find- the wages these jobs are paying and the spirited. They just cannot afford to ing ourselves in worse shape. benefits being provided are very dif- maintain the cost of the health care We are fighting tooth and nail to get ferent than they were with the pre- premiums and some are dropping their some resources for child care, for nutri- vious jobs held by these very same peo- employees from this kind of coverage. tion, for WIC programs to try to do ple. This is tough news. So now we have working Americans something to assist these kids and Again, there are choices that will be who have watched their health care these families. It is like pulling teeth made in the next 45 or 50 days. premiums jump tremendously. The av- around here to get some help for the I point out for the purposes of discus- erage home health care premium in kids who, through no fault of their sion—sometimes it all gets lost—that 2000 was $6,351 a year. Less than 4 years own, are living in poverty. Yet the there are those who are claiming there later it has jumped to well over $9,000, children are the ones who will be asked is nothing to worry about, that in fact almost $10,000. That is staggering. Em- to defend our country, to become well our economy is good and strong. ployers just do not have the resources educated, to provide for the strength of I noted the other day that there was to pay these bills. So we find now 1.2 America in the 21st century. a speech the President gave in Michi- million working families in the ranks I am deeply alarmed about the trendlines. We are not spending enough gan when he talked about how well our of the uninsured in our country. That time addressing and talking about economy was doing. I think it was in adds to our problems. Muskegon, MI. He was speaking just 2 I mentioned a moment ago child pov- what we might do. This is the largest days ago: erty. I will share with my colleagues annual increase in child poverty in 10 This economy of ours is strong, and it’s my deep and growing concern about years that has occurred in our country. getting stronger. these numbers because this worries me. Overall child poverty increased by 5.4 percent in 2003 while children living in That was a speech given in Muskegon This is not the America that I was extreme poverty increased by 11.6 per- and Greenwood Village, CO. raised to believe in. Since the President has taken office, We are talking about a generation of cent. In fact, extreme poverty for chil- less than 4 years ago, the State of kids coming along who will have to be dren under 5 increased by 16.2 percent. According to the Census Bureau, over Michigan has lost 250,000 jobs. In Colo- the best educated, best prepared our 40 percent of children under the age of rado, there has been a loss of 80,000 Nation has ever produced. We are now 18 who are being raised by a single jobs. in a highly competitive marketplace in mom are poor. Over half of them live in I don’t know how you square a state- the world. When kids grew up a genera- extreme poverty. That is below the ment of saying the economy is strong tion or two ago you worried, if you poverty level. and getting stronger when a quarter of were in Connecticut, that you might More than half of our children under a million people in one of the most in- end up competing with a young person the age of five who are being raised by dustrial States in the United States from New Mexico or you might com- a single mom are poor. And, 60 percent have lost work, and 80,000 jobs in the pete with a person in Oregon. That was of them—three of every five poor 5 year State of Colorado no longer exist. How what it was like in this country. olds being raised by a single mother— is that a strong economy or a stronger Today, for a child growing up in New are living in extreme poverty. growing economy? I don’t see that. I Mexico or in Oregon or Connecticut, I addressed the issue of the squeeze don’t think most Americans would. their competition will be in Beijing, it that is occurring on middle-income JOHN KERRY, our colleague, who is will be in Moscow, it will be in Sydney, families, watching the incomes decline running for the Presidency, has prom- in Johannesburg, London. A global and the costs rise. They are dramatic ised to create 10 million new jobs dur- economy will be the challenge. How over the last few years. I am worried ing the first 4 years of his administra- well prepared is this generation coming about the crushing blow that is occur- tion. We need job creation in this coun- along? ring to children and the level of pov- try. We need to be talking about cre- We may be in the most unique posi- erty that is occurring. ating tax cuts for middle-income fami- tion of any generation of Americans in I raise these issues because we are lies and smaller businesses. That is watching a succeeding generation be going to have to change direction. We where real growth occurs when you less well off, less well prepared than we cannot continue the path we are on and provide the kind of stimulus to smaller were as a generation. Every other gen- expect these numbers to change. Every businesses and industries. They need eration throughout the more than 200- indication we have is the numbers are the relief financially to modernize, to year history of our country has left going to get worse and not better if we buy new equipment, to make them- their children and grandchildren in a do not take dramatic steps in a dif- selves more competitive in a global stronger position. That has been our ferent direction. I raise them today, economy. We need more of that kind of legacy as a nation. We are now precar- and I pointed out earlier, and these are economic thinking than what we have iously close to setting back for the not personal attacks, they are choices seen in the last few years which has first time in our history where a gen- we have to make. The candidates for contributed to the worsening economic eration coming along may not be as President have entirely different views program at home. well prepared, particularly when the on how we ought to address this. I am an optimist and believe we challenges are going to be greater than I mentioned earlier our colleague, ought to talk about good things that ever before. Senator KERRY, has talked directly can happen in our country. It is very I worry very much when we see the about tax cuts and where they ought to difficult to go anywhere in this coun- jump, by 4.3 million, of Americans liv- occur—for middle-income people, for try and have that kind of a conversa- ing in poverty over the last 3 years. In smaller businesses; a health care plan tion when people are out there strug- the year 2000, of the 300 million Ameri- that would start taking people off the gling every day harder and harder to cans, there were 31.6 million Americans rolls of the uninsured, put people in in- make ends meet, watching their in- living in poverty. Today that number surance programs and relieve them of

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.073 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9273 the fear of a child or a loved one being we probably could use 20, although the And what will that do to create jobs? caught with a crippling illness or acci- truth is, we do not have that many peo- Most interesting. I would like to see it. dent and bankrupting a family over- ple to be hired, but we could say that. Enough of that. Well, that is no plan. That is a state- night because of their absence of insur- Second issue. Health care costs are ment. How are you going to do it? Who ance protection; of seeing to it that too high. Let’s take a poll. I say to are you going to follow? Are you going people who work overtime get paid for Senators, put up your hand as to how to follow the Clinton model? They say the overtime instead of shutting them many of you think health care costs that did all those things. There is a lot off and depriving them of the extra in- are too high? I imagine you would get of question whether that plan did all come they need; of raising the min- 100 votes. Right? One hundred Senators imum wage instead of depriving people that. But why don’t Democrats say: We say health care costs are too high, of the kind of increases they need to are going to follow the Clinton plan? health care costs are going up too make ends meet. The Clinton plan was to raise taxes. It much. Wonderful. The tax incentives make a difference. just happened that the economy was Those are choices. The President says recovering. And the Democrats will Now, let’s go out to America and tell the economy is strong and getting say: Yes, but the country got very con- them that: I am running, and health stronger. Tell that to the 250,000 people fident once we put in the increase in care costs are too high. That is good. in Michigan or the 80,000 Coloradans taxes because they thought we were But now the question is, Are you tell- who have lost their jobs. I think they going to reduce the deficit. That is ing us you know how to reduce the will agree. This is hardly getting bet- really their idea of where they got health care costs? What is your plan? ter. their great, new jobs. That may be What is your secret? Do you have some We need a change. That change will true, but nobody is saying they are new way to do it? Let’s hear how. I do be available to people in less than 50 going to do that. not hear that because the one thing days. They stand up and say: We need 10 that is being said is, maybe the Gov- I yield the floor. million jobs. Bush is not producing ernment ought to take more people and The PRESIDING OFFICER. The Sen- them. We need 10 million jobs. Elect let the Government take care of them ator from New Mexico. our man. That will take care of it. in health care. But then, when you say, Mr. DOMENICI. How much time does Does anybody believe that? It used to what do you want to do that for, is it the Senator from New Mexico have? be they would say something better. that you mean you want more Govern- The PRESIDING OFFICER. Each When I came to the Senate, and we ment-owned and operated health care? Senator has 10 minutes in morning would have a downturn, the Democrats Now, I know when you say ‘‘social- business. would come to the floor and say: We ized medicine,’’ they get very upset. Mr. DOMENICI. I will use 10 and I are going to add jobs. How? They would But maybe you do not want socialized know there is another Republican Sen- say: We are going to spend money. Do medicine. Maybe you only want half ator who is not here but he gave me an- you know what they used to do? They socialized medicine, not all of it. But, other 10. I am just kidding. We will try would put a public works jobs bill on frankly, I do not see any plan. The only to get by with 10. the floor and say: We are going to build one I have heard about is the importa- I say to my good friend, I am just bridges. We are going to build roads. tion of drugs. And I am not going to wondering, we have a President who is We are going to build all these things. argue that today. It has been argued in the hinterland campaigning and we And the American people, like big, fat back and forth. have an opposition candidate from suckers, would say: Let’s pass it. We your side. I wonder, how come all of are going to get new jobs. I will just say, I have read everything you are coming to the Senate, one We stopped doing that. I say to the I can about the importation of drugs after another, telling us what your Presiding Officer, have you ever heard and its impact on the costs of prescrip- candidate is going to do? Can’t he tell of anybody doing that since you have tion drugs in America. And I guess I Americans for himself? Does he need been here? No. Do you know why? Be- am prepared to say that there is very you all to come down here and give a cause it does not work. By the time little empirical evidence that across speech every day, five or six of you, one those new jobs would come on, do you the board, for really good kinds of after another, talking about what your know how many years passed, on aver- medicines that are important today, candidate is going to do? age? Three years before they started; 7 and to our seniors, that in the long No, I will not yield at this point. You years before they got finished. By then, run, unless you physically take your have been talking for a long, long time, there was a whole new set of problems. body on a train or an airplane or car so let me speak. Right? The downturn was gone. It did and drive to a foreign country and buy Mr. DODD. How long did the Senator not have anything to do with it, but the prescription and bring it back, from Connecticut speak? they passed something. Or they said: there is very little evidence that you Mr. DOMENICI. Ten minutes and I Let’s double all the spending in all are sure to get the right kind and that gave you 2 extra minutes. these programs we have. That will put the price will be right if you ask it be Mr. DODD. That is a long time. everybody to work. shipped. Now, enough of that. Maybe we could get a chart here and f So the question is, we need 10 million say: We need 10 million new jobs. Let’s more jobs. How will the Democrat THE ECONOMY put them to work with Government Presidential candidate do it? And let’s Mr. DOMENICI. Mr. President, I have programs. We would see what that pro- talk about it. And then we need to re- a speech on energy, but the Senator en- duced. The American people would say: duce health care costs; and let’s ask, ergized me so much that I want to Are you nuts? You want to spend $50 how would we do it? speak a little bit about what he spoke billion to put people to work? And then about and then I will talk about the it would be invented work. Now, let me tell you, there is a lot of people in the Senate on their side of So the truth is, you have to say, talk about the uninsured. Frankly, the the aisle. when you talk about 10 million jobs: I most interesting thing is, they speak First, isn’t it wonderful to say, fellow have the secret of how to make the about a lot of children being uninsured. Americans, we need 10 million new American economy grow—not how you I submit that may be true. But when jobs. wish it would, but how you are going to we were working 8 or 9 or 10 years ago Senator SMITH, you own a business; make it grow. on health care, I was involved. We you know how people get jobs, right? And I have not heard much. I have asked some insurance companies: Well, Your business employs them, right? If heard there is going to be more middle- how much does it cost to insure kids? things are bad in the economy, you income people getting tax cuts. Inter- Do you know what they said? ‘‘We cannot hire more, right? What good esting. Has anybody put on a board don’t insure kids, children. We don’t does it do for a politician to come up how much that will cost? And will they have any insurance policy that insures here and say we need 10 million new really do it? And how much are they children.’’ ‘‘Are you kidding?’’ ‘‘Yes, jobs? That is true. In fact, I would say going to give the middle income back? we don’t do that.’’

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.075 S15PT1 S9274 CONGRESSIONAL RECORD — SENATE September 15, 2004 Well, frankly, before that year was not have diplomas, and make them tile with each report of Ivan’s pre- out, we pushed somebody. One insur- educated so they will get out of pov- dicted impact. ance company finally put out a bro- erty? Not just coming down and saying Right now, oil prices are just over chure that said: We will insure chil- they are but that they will get out of $44. This morning the U.S. Minerals dren. Do you know what. Very cheap. it. How will we be competitive? Be- Management Service announced that 73 The thing is, most children are not cause that kind of person will become percent of the Gulf of Mexico oil pro- covered that way. They are covered de- technologically capable, and they will duction—that is about 1.25 million bar- rivatively through their parents. help make us competitive. rels of oil—and 41 percent of the gulf’s Right? One of their parents gets a job. f gas production—about 5 billion feet of Their parent’s job covers them and natural gas—have been shut in. NEED FOR ENERGY LEGISLATION their kids. They buy insurance. They The longer the storm and its after- don’t buy it only for themselves, they Mr. DOMENICI. Mr. President, I said math lasts, the longer imports from buy it for them and their children. a couple weeks ago, 10 days ago, I was Venezuela will take to get to our So, in essence, it is good to say: We going to come to the floor once every southern ports. If refineries are shut need to cover more people. It is hard to day to talk about the Energy bill. I did down in Texas, Mississippi, and Lou- say how you are going to do it. I sub- not do that, but this is my third or isiana due to Ivan, a 5-to-7-day delay in mit if you put what the President is fourth time. products getting to the market could proposing side by side with what the We are rudderless, a ship that has no occur. Democratic candidate is saying, you at capacity to guide itself, when it comes The warning bells are ringing. We are least have some very positive things to energy policy. We have a bill ready living on the bleeding edge of supply you can measure that are being done to go that can steer us to a better fu- and demand for oil, natural gas, coal, that the President is proposing. The ture. But there are still a number of and renewable fuels. Let’s get off the other one is untried, nice to talk Senators who refuse to hear the warn- edge of this cliff and focus on achieving ing bells that require our action. about, beautiful rhetoric. But I think some energy security. How much louder can those bells be the President’s basic ones, with some Instead of wringing our hands at each ringing? There was a huge blackout in crisis and passing political blame additional things added to it, will prob- August in the East. A complete energy around, we need to work together to ably be the way we go as a country meltdown occurred in the West just a get an energy policy in place. We have anyway. few summers ago. Oil prices are surg- Now, all the other issues that were such a policy ready for action. It is ing to record heights. Natural gas de- raised by my good friend on behalf of called the energy bill. If the Democrats mands are increasing. their nominee could all be answered Prices of coal are higher and going would agree to limit the number of much the same way. So there are more up. Consumers are paying beyond the amendments to about 10, we can pass poor people than there were before. reasonable price at the gas pump. Our this much-needed legislation. If they Good statement. Not quite as many as critical infrastructure lacks adequate will not agree, then I want the Amer- they say, not quite as big a problem as investment—that is, in electricity and ican people to know for whom the bell they allege. But the question is, What other things that relate to energy, re- tolls. It tolls for those that refuse to are you going to do about it? How are fineries. Our electricity grid has no come to the floor and get this energy you going to fix it? mandatory reliability rules, meaning bill done. Most of the time, we are down here we may have blackouts again which we Let’s get to work and pass it. on the floor of the Senate talking thought Americans would never have I am quite surprised that when Mem- about education and the inadequacy of again. If we pass the bill, we will be bers come to the floor of the Senate our education. It is most compelling to able to tell them that. Efforts to in- and talk about jobs, about growth, me that about 4 weeks ago, Alan crease efficiency and renewable energy about competition, that they are not Greenspan, who normally does not are anemic. The list can continue for a talking about energy. But they are not. We have Hurricane Ivan, which have anything to do with education, frighteningly long time unless we pass makes OPEC look very weak. Oil prices was being asked a question in one of the Energy bill. I am committed to the have become very volatile, and the hur- our committees about the fact that we Energy bill because it is necessary. It ricanes, including ‘‘Ivan the Terrible,’’ have a lot of people who are unem- is the first step we must take in order are causing us to shut in huge amounts ployed, we have a lot of people under- to change our economy’s destiny. employed, we have very tough competi- We can’t increase domestic oil and of oil all over the coastal areas because tion from overseas. What do we do natural gas production overnight. We they can’t leave those deep wells open about it, Dr. Greenspan? I say to my can’t snap our fingers and modernize in the wake of the hurricane. So they colleagues, he did not talk about any our Nation’s electric transmission grid. are creating another big uncertainty. I single American program. He did not We can’t expect renewable energy to don’t want to make it sound like I am say: Let’s increase the Small Business appear online tomorrow. We can’t only worried about energy and hurri- Administration so it would help more move away from foreign oil toward a canes; I just want to state the facts. small businesses. He did not say: Let’s clean, hydrogen future all of a sudden. While we do that, I want to say that give a tax cut to somebody. Do you We need an energy policy plan to all of us, whether we come from a know what he said? He said: Well, if move us forward to reach those goals. State far away from hurricanes, are that is the case, I guess we better start We need an energy policy in place so deeply worried about what has hap- educating our children better. That that businesses and investors have reg- pened and what might happen. We will do more for the unemployment, ulatory certainty. We need to make don’t know. Nobody knows how heart- more for the underemployment than having an energy policy a priority. felt Americans are from the rest of the anything else: better technical edu- Today, as we speak, there are events United States. We are prayerful. We cation for children. I am surprised— affecting our oil situation. are worried, and we hope and pray that The PRESIDING OFFICER. The Sen- OPEC has decided to up its quota. what we hear about possible damage to ator has used 10 minutes. Big deal. They were already producing parts of Louisiana doesn’t happen. It Mr. DOMENICI. I ask Senator MUR- over their last quota and are still over would be without precedent if it hap- KOWSKI, could I have 2 additional min- this most recently announced one. pens—just terrible. So let energy set utes? I say to the Senator, you are Right now, OPEC is not in charge of aside for a little bit as we look at that next. how much a barrel of oil costs in the problem and hope we can do something The PRESIDING OFFICER. Without spot market. Why? They don’t have to be helpful. objection, it is so ordered. enough capacity to weather the de- I yield the floor. Mr. DOMENICI. But I am surprised mands of the global market. The PRESIDING OFFICER. The Sen- that is not what we are talking about: The weather, on the other hand, can ator from Alaska. How do we take that tremendous num- affect the market greatly. Ms. MURKOWSKI. Mr. President, I ber of young people walking our Hurricane Ivan is making OPEC look appreciate being able to follow the streets, who are not educated, who do pretty weak. Oil prices have been vola- comments of my esteemed colleague

VerDate Aug 04 2004 02:11 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.078 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9275 and the chairman of the Energy Com- leave, essentially stage a walkout on a tlement Act. The shareholders were de- mittee speaking about the importance business meeting of the Energy Com- nied the ability to select certain lands of energy. He and I would agree that is mittee. within 6 miles of their area. It created a topic we just haven’t heard enough of As an individual Senator coming an inequity. lately on this floor, the Energy bill and from my State, working on legislation The only way this inequity can be rean energy policy that this country so that is important and, quite honestly, solved is through Federal legislation. desperately needs, whether it is Ameri- isolated to my State, as I am working So what we have done is created logical cans looking at the price they are pay- through issues that affect Alaskans, I boundaries that improve Forest Serv- ing for gasoline at the pump, whether would ask for certain consideration ice management. Essentially, this is a it is Americans looking at our utility from my colleagues on Alaska-related land exchange that would allow the statements and realizing the price of issues as we work through them. To- Cape Fox shareholders to receive cer- natural gas is going beyond a level we day’s episode or incident in the Energy tain lands. It consolidated private own- feel comfortable with, just recognizing Committee doesn’t allow Alaska to ership and increased the role of State that we as a country do not have a no- move forward with a series of our government in the environmental regu- tion, do not have a real solid policy for issues. latory process. It created economic op- how our energy supply meets up with So what exactly happened? We had 22 portunities for Cape Fox and Sealaska our energy demand. That is something bills move through the markup with- through certain leasing agreements we in Alaska have talked about for far out question or controversy. I had an that would be made possible. It allowed too long. We have urged this body to agenda item that was a bill to resolve for native hire and vocational edu- move forward with an energy policy, certain conveyances and provide for al- cation in an area where, as I recall, the one that makes sense. ternative land selection under the unemployment rate in that very small I like to say that Alaska is prepared Alaska Native Claims Settlement Act community is 25.6 percent, almost 420 to be or in effect is the energy bank for related to Cape Fox Corporation and percent of the State’s unemployment the country. All we are waiting for is Sealaska Corporation and for other rate. This is an area that can definitely the opportunity to make a withdrawal purposes, with an amendment in the use some equitable economic assist- from what we have in our incredible re- nature of a substitute. I read that from ance. sources. But as we know, we have some this morning’s agenda. So the legislation itself is good. It is issues we need to work through. I indicated to the chairman that I sound. So the question must be, OK, Whether it is permitting issues for a had an amendment in the nature of a did we fail to reach out? Were we not natural gas pipeline, whether it is substitute and moved to discuss those working with the other side on this? those financial incentives that make portions of the amended bill, and the This is not legislation that is new to this megaproject, this $20 billion minority members of the committee the process. This is legislation that project possible so we can supply do- proceeded to leave the committee, was actually passed in the 107th Con- mestic reserves of natural gas to this which left us without a quorum and no gress. This is legislation that was country, we have the ability to make it ability to move forward on the busi- passed through the House committee happen in Alaska. We just need a little ness. The business remaining were two with unanimous support earlier this assistance from the Congress in moving bills I had been working, this Cape Fox year. forward. bill as well as another very specific I introduced this legislation in June We can’t leave this conversation Alaska lands-related issue. of last year. In August of 2003, the Sub- without talking about ANWR and the As we discussed in the committee, committee on Public Lands and For- opportunities for us as a nation, recog- after our Democratic colleagues had ests held a hearing in Anchorage, AK. nizing the known reserves we have up left, one of my Republican colleagues Subsequent to that time, we held a there, recognizing that we are in a po- informed me that in his 24 years on the public hearing in Juneau, AK—a town- sition in the State of Alaska to provide committee, it had been the first time hall meeting—in September to hear the for enhanced domestic reserves of oil members of the committee had walked comments and concerns of Alaskans supplies at a time when we know the out, which left me, as the Republican who are located down in the area where supplies are questionable from the Senator for Alaska working on these this exchange is to take place. sources we are currently receiving very specific Alaska pieces, to wonder: After that, in March of 2004, we held them, whether it is because of political Wait a minute, I am here to represent another subcommittee hearing here in instability or just declining reserves. my State on very specific Alaska Washington, DC. We were then placed We have an opportunity in the State of issues. If I can’t have my colleagues de- on the agenda in mid-March for mark- Alaska. Again, we just need the ability bate back and forth on the merits of up—it was March 24. But there was no to move forward. the amendment, if we don’t have the consensus so we began to attempt to My purpose today in addressing the opportunity in these sessions to do the work out a compromise to address the body is not to speak to the Energy bill business that needs to be done to allow concerns that had been expressed by or the importance of the Energy bill; it my State to move forward on these some of the environmental community, is to speak to an incident that hap- land issues, how do I move forward by Alaskans, and by some of our Demo- pened this morning in the Energy Com- with legislation? cratic colleagues; and so what we did mittee when we, as a committee, took So it causes me to look back and say: was we had prepared an amendment up a series of land bills. It was a busi- Well, was there a failing on my part, on that was the amendment we were pre- ness meeting this morning that was de- my staff’s part, or on the committee’s pared to offer as a complete substitute signed to take up and pass, again, some part? As we had attempted to move today. That amendment would main- land issues. It was kind of a cats and this legislation forward, had we failed tain the view shed in an area where we dogs type of a hearing. Most of the to work in a bipartisan manner, failed have recreational opportunities for issues we took up were relatively non- to reach out in an attempt to accom- kayakers and boaters, so we inserted controversial. modate on issues that had caused con- an amendment to provide for view shed We have a history in the Energy cern? protection, an amendment to provide Committee of working in a very good, Let me speak to the two different for public access; and we provided a strong, solid bipartisan way. The com- bills we had before us. The first one re- provision that would ensure that all mittee works well together. The chair- lated to the Cape Fox Land Entitle- exchanged lands would be based on ap- man and the ranking member work ment Adjustment Act. Essentially, praisal reports in accordance with the well together. We move forward on what this act is destined to do is an eq- uniform appraisal standards of the Fed- issues, it is fair to say, in a good and uity issue for an Alaska Native cor- eral Land Acquisition Act. enviable manner. We accomplish poration. It allows for an exchange to We essentially had worked through things. So this morning was a bit of a resolve an inequity to the Cape Fox the process. We had worked with the surprise when, instead of doing the shareholders through a land selection committee. After that markup that business that was before us, we had process. This is a land selection process didn’t happen in March of 2004, we had members of the Democratic Party authorized under our Native Claim Set- discussions with minority staff, which

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.081 S15PT1 S9276 CONGRESSIONAL RECORD — SENATE September 15, 2004 had occurred prior to that intended Thirty years to 300 years to get the lem in how we worked the committee markup date, as well as after. Those lands that were promised to us at process? Was this being rushed through discussions continued through the statehood. the committee? Did we fail to reach third week in July of this year. We Mr. President, it is absolutely unac- out to the minority and the staff on were making every effort to accommo- ceptable. Any other State would have this? date the concerns and considerations of said, no, this is wrong and you have to Again, I refer to the timeline. The the minority on this legislation yet deliver on your promises. bill was introduced last year. We held a still maintain the integrity and meet So what are we doing? I have intro- subcommittee hearing on public lands the needs of the Cape Fox Corporation duced this legislation to say: Hey, Fed- and forest in Anchorage. We had a fur- and the Sealaska Corporation. eral Government, hey, agencies, you ther subcommittee hearing in Wash- In looking at the bill and what we have a promise, you made the promise. ington, DC, in February of this year, were intending to do, the entire intent Do the job you are required to do by and within a few days of that hearing, of the Cape Fox legislation was to cor- law. Move through the conveyance my staff met with both minority and rect this inequity to this small south- process. I know it is complicated. I majority committee staff members, east village, which has 431 residents, know we have overlapping land issues. and everyone agreed they were going to where the unemployment rate is 25.6 It is a complicated process, but do meet 1 day a week for as long as it percent, as I indicated. So we were pre- what you need to do, and if you need took to work out a joint staff sub- pared to move forward with this legis- additional assistance, let us know how. stitute. We were told at that time by the mi- lation today. We had shared the This is essentially legislation that nority that they were working on an- amendment with the minority in July helps speed up, if you will, helps expe- other Member’s bill, and once they and, quite honestly, were stunned when dite the process. completed that, they would turn their the minority members walked out of Let’s look at a few of the provisions we are talking about here. We are full attention to 1466. that committee hearing. We made repeated requests in May, I need to point out that not only did clarifying and streamlining the conveyance process. We have technical June, and the first part of July to the minority members walk out, which put minority staff, and it did not result in us in a situation where we no longer amendments that move forward filing deadlines. We have a situation right any meetings. Meetings were later held had a quorum, but another minority in the latter part of July, and we made member attempted to enter the com- now where if there is any survey that is not exactly accurate, even by a tiny substantial progress with the assign- mittee room to join us in committee, ments agreed to by the committee when that individual was literally amount if you are exceeded, then you basically have to start all over in staff. pushed back out of the committee The minority had a number of re- terms of completing your surveys. room so a quorum would not be had. So quests for changes and concessions, What we have done is get the survey not only was there a walkout but there looking for additional information and down to the last hundredths of an acre was a lockout. analysis. They offered to provide as- and if, in fact, it is not exactly entirely Again, it causes one to wonder. If the sistance with technical edits and even precise, you do not have to start all legislation that I am working on as a to draft at least one provision. over again. Senator from Alaska is so Alaska-spe- We continued to work on the bill We set final acreage for the 10 re- cific, so Alaska-germane, and I cannot throughout the August recess. We were gional Native corporations. get the cooperation of colleagues to incorporating all this that we were We allow the Secretary to make cer- move it through even the committee working through the committee proc- tain withdrawals for two of the re- process, it causes you to wonder what ess. We had taken massive comments gional corporations which right now do is going on. from Alaskan organizations and indi- not have sufficient land selection. Let’s look at the second bill that was viduals and Native organizations, We are attempting to solve the prob- working the process as the process on the calendar this morning. Was this lems of old ACSA-related withdrawals what was being objected to? The second should be worked. that closed public lands in Alaska to We truly did make substantial head- piece of legislation that was before the full operation of public land laws. committee was S. 1466, ‘‘a bill to facili- way. We were prepared this morning to We provide that the Natives in move forward with a committee sub- tate the transfer of land in the State of Kaktovik are allowed to receive their Alaska, and for other purposes.’’ stitute and put forward the substance full entitlement under the agreement of that substitute to the minority staff Again, what we are talking about made in 1983. on September 2. It was a good-faith ef- here is entirely Alaska-specific. This There are some people who have said: fort to accommodate all the requested legislation relates to no other State. Oh, my gosh, you are opening up changes without sacrificing the goal of What we are faced with in the State of ANWR for oil and gas development. completing these land transfers by our Alaska, through multiple land acts, The authorization does not change or 50th anniversary of statehood, or the through statehood we were promised lift the prohibitions on oil and gas de- year 2009. certain lands. We were promised cer- velopment in the refuge. This is not As of last Friday, less than a week tain lands under the Alaska Claims what this is about. This is all about the ago, we were hearing very positive re- Settlement Act. We are a young State, Natives in this community being able ports about the progress we were mak- only 45 years old, but we are still wait- to complete their selections as all ing on both sides and truly believed we ing for vast amounts of our land to be Alaska Natives should be allowed to were going to be in a position to offer conveyed to us—the land promised at do. a joint staff substitute at today’s meet- statehood. There are other technical amend- ing. We still have some 89 million acres of ments streamlining the process, the It was not until yesterday that we land yet to be conveyed to the State of deadline for Native corporations in the were abruptly informed no such sub- Alaska, promised some 45 years ago. State of Alaska to identify their final stitute would be possible. So I pro- We had a hearing on this legislation— land priorities. There is a title that di- ceeded with an amendment on my own, a subcommittee hearing—in Anchorage rects the Secretary of Interior to speed an amendment that really does reflect last year. I asked the agency people at up the hearings appeals and probates. the very bipartisan effort that was the time: Given how long it has taken It establishes an Alaska-based branch going on in this very important bill. the Federal agencies to work through office and requires the Secretary to re- Again, I need to stress the impor- the conveyance process and kind of es- port on the progress in implementing tance of this legislation: land convey- timating forward, how long do you fig- these land exchanges within 3 years of ances owed to the State of Alaska since ure it will take for the State of Alaska enactment. statehood, land conveyances owed to to receive conveyance of all the land to It is very clear how Alaska-specific Alaska Natives since passage of the Na- which it is entitled? The response that this legislation is. tive Claims Settlement Act, promises I received was: Anywhere from 30 years Again, the question must be asked: made by the Federal Government to to 300 years. Was there a failure, was there a prob- Alaska that need to be promises kept.

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.083 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9277 I am very committed to my work in HOMELAND SECURITY with critical information about the use the Senate. I am very committed to APPROPRIATIONS of data-mining technology and the way doing my utmost best for the people of Mr. FEINGOLD. Mr. President, I highly personal information, like cred- the State of Alaska. These two pieces want to add my thoughts to the debate it reports, travel records and other per- of legislation we were prepared to take on the Department of Homeland Secu- sonal information, is obtained and used up this morning and that we were rity appropriations bill for fiscal year by our government. Periodically, after thwarted in our efforts to move for- 2005. millions of dollars have been spent, we ward are very important to Alaskans. First, I want to preface my remarks learn about a new data-mining pro- They do make a difference in how we by thanking the chairman and ranking gram under development by the Fed- move forward with our lands. member of the Homeland Security Ap- eral Government. This amendment will Put your State in this position. If propriations Subcommittee for work- not stop any data-mining. It simply re- you do not have the ability to move ing so diligently on this bill despite the quires the Department of Homeland Se- forward with your lands, if you do not constraints they have faced. The fight curity to report to Congress on any even know what the status of your land against terrorism is our number one data-mining programs it is using or de- title is, how complicated the future is priority, and this appropriations bill is veloping and how these programs im- for your State. We need to get these a key component in that fight. plicate the civil liberties and privacy issues resolved. I also thank the Nation’s first re- of all Americans. With complete infor- sponders and the employees of the De- mation, the American people will be All I ask for is the ability to do my partment of Homeland Security, DHS, able to make considered judgments job, and my job, as we all know, re- who work daily to protect this Nation. about which programs should and quires a cooperative process. We can- They are on the front lines of the fight should not go forward. not move legislation through this body against terrorism. They are the ones Although this bill does a lot to help if we do not have cooperation, and co- who are called on to stop and respond operation begins at that very begin- protect this Nation, including pro- to any future attack upon our Nation. viding much-needed resources for our ning level, working through the com- This bill includes important resources mittees, as we have with both of these first responders, it does not do enough. these brave men and women need to I was disappointed that many good legislations. It then moves forward to perform their critical tasks. that next step—to move the legislation amendments were not adopted by the The Senate bill is a vast improve- Senate. For example, an amendment through the committee—so we can ment over the President’s proposed move it to the floor. offered by Senator BYRD, which I co- budget. It increases funding for such sponsored, would have canceled pur- I am happy to engage in debate on important things as port security, chases of oil to the Strategic Petro- the merits. If you do not like the FIRE Act grants, Federal air marshals, leum Reserve and directed the $470 mil- amendments, if you think they can be Emergency Management Performance lion in savings to critical homeland se- made better, wonderful, let’s make it Grants, and the SAFER program. The curity needs. Yet the Senate rejected happen, but let’s at least allow the Senate bill also includes funding for re- this amendment even though it would process to work. When we fail, when we search and development on next gen- have helped to ease gas prices by free- as Senators abdicate the duty and say, eration explosive detection equipment, ing more oil for the market and pro- Alaska, or whatever State, you are on a priority identified by the 9/11 Com- vided important funding for our home- your own, nothing is going to move for- mission. These are just a few examples land security programs. ward, we are not doing our job. of the many areas where the Senate I also regret that this bill was so se- I know this is a contentious time. We bill is far superior to the administra- verely limited by a budget allocation are in the middle of all the hot polit- tion’s request. that did not provide adequate funding ical debates. I am a Senator who is I was also pleased that the Senate for homeland security, choosing in- standing for election now. We know bill includes a number of amendments I stead to make tax cuts its highest pri- that causes interesting things to hap- sponsored. The Senate adopted my ority. That is why I supported several pen within the process. But I would amendment requiring DHS to create a amendments that would have added certainly like to think that what we do strategic transportation security plan funding for critical security needs. I here in the course of our work should and to base future transportation secu- want to point out to my colleagues not harm our constituents. We ought rity budgets on that plan. This amend- that I do not take lightly my decision to be able to do the business that needs ment will make sure that taxpayer dol- to vote in favor of spending more to be done in a cooperative manner. lars are spent efficiently and effec- money. Fiscal responsibility is one of I am very hopeful we will be able to tively to meet our Nation’s most press- my highest priorities and I constantly move forward with not only these bills ing transportation security needs, look for ways to limit government and hopefully see them on the floor of rather than the current well-intended spending. I am honored that the Con- this body, but other legislation that but ad hoc method of spending. This cord Coalition and others have recog- pertains to all of us. We all come to amendment was based on one of the nized me for my efforts in this regard. this body with our very unique issues. recommendations of the 9/11 Commis- Although fiscal responsibility remains They are very particular to our home sion and, it is one of the first of the one of my top priorities, it is impera- States. I ask that we all respect one Commission’s recommendations to be tive that we provide the resources another in our efforts to accomplish adopted by the Senate. needed to combat terrorism. The Senate also adopted my amend- those things that are truly very local ment to extend to the Department of I voted for this bill because it pro- to our States. Homeland Security for fiscal year 2005 vides necessary funding. However, our So I look forward to next week and a provision included in the fiscal year Nation’s vulnerabilities demand more, an opportunity to again bring forward 2004 omnibus appropriations law that and I will continue to work to ensure very important issues for my State. requires all departments and agencies that our vital homeland security needs I suggest the absence of a quorum. to report to Congress on purchases of are met. INTELLIGENCE REFORM The PRESIDING OFFICER. The foreign-made goods. It is important clerk will call the roll. that the government make every effort Mr. KENNEDY. Mr. President, last to purchase American-made goods and night, the Republican majority in the The legislative clerk proceeded to that it explain to the public whenever Senate voted 49–45 to table an amend- call the roll. it fails to do so. ment I offered on intelligence reform. Mr. FRIST. Mr. President, I ask I was also pleased that the Senate The amendment would have required unanimous consent that the order for adopted my amendment requiring the the President to give Congress a copy the quorum call be dispensed with. Department of Homeland Security to of the 2001 report by the Scowcroft The PRESIDING OFFICER (Mr. report to Congress on its use of data- Commission on intelligence reform. A CORNYN). Without objection, it is so or- mining in fiscal year 2005. This amend- classified annex could be provided if dered. ment will provide the American people necessary.

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.086 S15PT1 S9278 CONGRESSIONAL RECORD — SENATE September 15, 2004 In May 2001, before 9/11, President on terrorism if President Bush had not this matter. Let me be clear, too, that Bush ordered a review of U.S. intel- buried the Scowcroft recommendations I do not believe the funding levels in ligence, and General Brent Scowcroft and allowed them to collect dust on a the underlying bill reflect any lack of was named to lead a commission to shelf at the White House. understanding of the scope of the prob- provide recommendations. VOTE EXPLANATION lem on the part of our colleagues on The report of the Scowcroft Commis- Mr. NELSON of Florida. Mr. Presi- the other side of the aisle. The chair- sion was submitted to the White House dent, I was unavoidably detained dur- man of the Homeland Security Sub- in December 2001, three months after 9/ ing rollcall vote No. 178 on Senate committee, my friend, Senator COCH- 11, but it continues to be classified, de- amendment No. 3632 to H.R. 4567, the RAN, has done very well with the spite repeated requests from Congress Department of Homeland Security ap- amount he was given to distribute. The to release it. propriations bill. If present I would problem is, quite simply, that the ad- The 9/11 Commissioners had full ac- have voted ‘‘aye,’’ in favor of the mo- ministration’s past policy choices and cess to the Scowcroft recommendations tion to waive the Budget Act. It would the need to adequately support our as background for their work, and the not have changed the outcome of the troops in Iraq and Afghanistan have final report from the commission drew vote. left Senator COCHRAN and his fellow ap- significantly from the recommenda- BYRD AMENDMENT NO. 3649 propriators with too little to do this tions. Mr. ROCKEFELLER. Mr. President, I all-important job. Clearly, before we act on intelligence am proud to cosponsor and to speak in It is not a question, let me reiterate, reform later this month, Congress support of the amendment offered yes- of our Republican colleagues or the should also have the benefit of General terday by my colleague from West Vir- President not wanting to see our Na- Scowcroft’s recommendations. ginia, Senator BYRD. As members of tion adequately protected. I do ques- But the Republican majority blocked Congress, our most sacred duty is pro- tion, I am sad to say, the idea that it it. They rallied behind the President tecting our fellow Americans. We do is vitally important to make and argued that the report could not be this in several ways, of course, by sup- unaffordable tax cuts permanent, but it provided because of what they called porting our troops at home and abroad, is not more immediately important to ‘‘executive privilege.’’ Frankly, that’s by our oversight of the intelligence secure our chemical facilities, our rail- ridiculous. community, and now, with the creation roads, our electricity grid, or provide The White House did not invoke exec- of the Department of Homeland Secu- training and technical assistance to utive privilege when they gave the 9/11 rity, with an annual appropriation to our firefighters and emergency medical Commission full access to the Scow- fund the security activities of the var- personnel. croft report. They did not invoke exec- ious agencies that make up DHS, and I hope that my colleagues will see utive privilege when they allowed Na- to fund grant programs to states, local- just how important this is. It would be tional Security Advisor Condoleezza ities, and private industry to make cer- a tragedy beyond measure if we failed Rice to testify before the 9/11 Commis- tain that citizens of the United States to do the right thing when we had the are protected from terrorist attacks, sion. chance, and only provided funding, for life-threatening accidents, and acts of In these cases, the administration instance, to fix the problem of inter- concluded that the benefit of pro- God. In the last 3 years I have sat down operable radios after another tragedy tecting the Nation’s security out- with hundreds of first responders where first responders were at risk be- weighed other considerations about around my State of West Virginia, as cause they could not talk to each privileged information. It should have well as local elected officials and ex- other. done the same in this case. perts from my State’s core industries, Mr. NICKLES. Mr. President, yester- Secretary Rumsfeld told the Senate to discuss what they were doing to pro- day the Senate completed action of the Armed Services Committee that he tect West Virginians, and to hear from second of 13 appropriations bills for fis- could not see any reason why the them directly where they needed help cal year 2005, the Department of Home- Scowcroft report should not be declas- from the Federal Government. I am land Security appropriations bill. sified. Our colleague Senator ROBERTS, sure that each of my colleagues has Although the Senate has not yet chairman of the Intelligence Com- had similar meetings. While I would adopted a new concurrent resolution on mittee, and our colleague Senator not presume to know specifically what the budget, we did establish a discre- WARNER, chairman of the Armed Serv- was said at these meetings, I would be tionary spending allocation for the Ap- ices Committee, have requested the re- willing to wager that no Member of propriations Committee in the recently port, but it still has not been made Congress heard anything other than enacted Department of Defense appro- available. ‘‘We have huge unmet security needs priations bill. That allocation, and the There is no compelling reason to and we need federal resources to make subcommittee allocations that were keep this information classified. What our country safer.’’ derived from it, enabled us to consider are the White House and the Repub- When we created the Department of the Homeland appropriations bill under licans in the Senate trying to protect? Homeland Security, and when we au- the usual budget enforcement protec- The Nation’s security? Hardly. They thorized many billions of dollars in ad- tions. are trying to protect President Bush. ditional funding to protect this Nation, During debate on the Homeland ap- Why? Because President Bush had Gen- I am sure we convinced some people propriations bill, a total of 10 budget eral Scowcroft’s recommendations on that we had learned the harsh lessons points of order were raised against intelligence reform for nearly 3 years of September 11. In fact, I think we amendments that sought to increase and failed to act on them. have done well making increased safe- spending by an incredible $19.9 billion Congress needs the report, and we de- ty and security priority issues for the in 2005 alone. If those amendments had serve to have it before we act on intel- Federal Government and for all Ameri- been enacted and incorporated into the ligence reform. We are talking about cans. Unfortunately, we have fallen discretionary spending baseline, their our national security, and President short on addressing these needs, and 10-year cost is a staggering $220.2 bil- Bush is playing politics by the Byrd amendment is a very good lion. Including debt service costs, that stonewalling us. It is already clear that step in the right direction. This amend- number increases to $285.3 billion. the administration sat on the Scow- ment would not do everything that I am happy to inform my colleagues croft recommendations for 3 years, and needs to be done for Congress to be able that the Senate upheld all 10 budget the Nation has obviously suffered be- to say we are delivering the goods to points of order and rejected each one of cause of it. Had the reforms been im- our first responders, State and local of- these spending increases. plemented, we very well may have ficials, and to the industries that make Unfortunately, the Senate did adopt known that there were no weapons of up our critical infrastructure, but it an amendment providing $2.98 billion mass destruction in Iraq. would be a much-needed boost for all in emergency spending for agriculture Congress and the American people those trying to make America safer. disaster assistance. I opposed that deserve to know how much greater I commend Senator BYRD for making amendment because it did not belong progress we could have made in the war his usual strong, principled stand on on this appropriations bill, and it

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.026 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9279 should be paid for and not add to the County Crime Commission. That Com- Mr. President, I ask my colleagues to deficit. I want my colleagues to know mission was the first of its kind to join me in honoring this American hero that I will continue to seek to have bring police officers and social workers whose roots run deep in the Kentucky this spending dropped from the bill or together on behalf of kids. Just one in- Bluegrass. offset with appropriate spending cuts. novation Ernie came up with back then I yield the floor. I congratulate my good friend from was to make a fingerprint card for as f many Kentucky kids as possible, and Mississippi, Senator COCHRAN, who ALEJANDRO FERNANDEZ managed the Homeland appropriations send that card home to the child’s par- bill for using the Budget Act success- ents to hang on to in the awful event Mr. REID. Mr. President, I rise today fully to control the spending in his bill. their child ever went missing. A young to recognize Alejandro Fernandez as I look forward to working with my col- man on my staff today still has his one of Mexico’s leading musical per- formers and a strong supporter of phil- leagues on the remaining appropria- card, two decades later. anthropic causes throughout the world. tions bills to continue that success. Ernie’s work in Kentucky established him as a national leader for his cause A Latin Grammy award winner, Mr. I ask unanimous consent that a table Fernandez is among Mexico’s most fa- displaying the budget points of order as early as 1981. At that time, no nationwide organization existed to share mous balladeers. He has entertained raised during consideration of the De- sold-out audiences throughout the partment of Homeland Security appro- and distribute information on missing children. If a child was abducted and world and is performing in Las Vegas priations bill for fiscal year 2005 and taken over a State line, or even a coun- today in celebration of Hispanic Herit- their cost be inserted in the RECORD. ty line, the chances that law enforce- age Month. There being no objection, the mate- ment in the new jurisdiction had all Alejandro’s musical talent is hardly rial was ordered to be printed in the the information necessary to save that surprising. His father, Vicente RECORD, as follows: child were small. Ernie led the effort to Fernandez, is a legend in Mexico as the undisputed king of the style of music TEN-YEAR COST OF DEMOCRATIC AMENDMENTS TO THE lobby Congress to establish laws so that police could talk to each other called ‘‘ranchera.’’ FISCAL YEAR 2005 HOMELAND SECURITY APPROPRIA- Alejandro Fernandez has contributed TIONS BILL DEFEATED BY BUDGET POINTS OF ORDER across boundaries about missing kids. His work and patience bore fruit in tremendously to global music and cul- [Budget authority, in billions of dollars] 1984, when President Ronald Reagan ture and has also used his fame to support many charitable endeavors. He Amendment a PoO b 2005 2005–14 signed the bill creating the National Center for Missing and Exploited Chil- has worked with the Ronald McDonald 3580—Schumer—Port security R&D grants .. 302(f) 0.2 1.7 House Foundation Charity to support 3596—Murray—Port security ...... 302(f) 0.3 3.3 dren as a public-private partnership. 3597—Byrd—Misc. homeland programs ...... 302(f) 2.0 22.1 Under Ernie’s leadership, the Center the Hispanic American Commitment to 3604—Dodd—First responders ...... 302(f) 15.8 175.2 Education Resources scholarship pro- 3617—Lautenberg—Coast Guard ...... 302(f) 0.1 1.1 has created the CyberTipline, an online 3624—Mikulski—Firefighter assistance reporting service that former Vice gram, the Nation’s largest scholarship grants ...... 302(f) 0.2 1.7 program for Hispanic students. Mr. 3632—Clinton—High threat area funding in- President Al Gore has called ‘‘the 911 crease ...... 302(f) 0.6 6.9 for the Internet.’’ They created the Fernandez also has been a strong sup- 3649—Byrd—TSA and SPR ...... 501(b) 0.0 0.5 porter of World Children’s Day, a glob- 3655—Schumer—Border security ...... 302(f) 0.4 3.9 AMBER Alert System, notifying citi- 3656—Schumer—Rail security ...... 302(f) 0.4 3.9 zens statewide when a child has been al fundraising effort that benefits the kidnapped. They’ve worked on over Ronald McDonald House Foundation Subtotal ...... 19.9 220.2 Charity and other children’s organiza- Interest on amendments c ...... 0.0 65.2 98,000 cases, and have been involved in the successful recovery of over 83,000 tions in over 100 countries. Total including interest ...... 19.9 285.3 I hope my colleagues will join me in kids. Last year they had an astonishing a The increases in spending in several of these amendments may be for thanking Alejandro Fernandez for success rate of 95 percent. very similar or identical purposes. sharing his tremendous musical talents b 302(f): Amendment exceeded Homeland Security 302(b) allocation; Mr. President, Ernie has labored for with the citizens of Las Vegas today 501(b): Amendment provided advance appropriations in an account not 20 years to save children from ghastly identified for advance appropriations by the conference report on H. Con. and for his efforts to support charitable Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2004. fates, and parents from horrible night- c programs throughout the world. Approximated based on budget authority. mares. It’s a heartbreaking job at Source: Senate Budget Committee Republican Staff. times. It provides a window into the f f ugliest parts of the human soul. But LOCAL LAW ENFORCEMENT ACT TRIBUTE TO ERNIE ALLEN OF thanks to Ernie and the Center, there OF 2003 KENTUCKY are a lot of success stories. Last Mr. SMITH. Mr. President, I rise month, a woman in Oklahoma City left today to speak about the need for hate Mr. MCCONNELL. Mr. President, I her four-month-old baby in the back rise today to pay tribute to a friend of crimes legislation. On May 1, 2003, Sen- seat of her running car to pick up her ator KENNEDY and I introduced the over 40 years—a fellow Kentuckian who other child from school. When she has had a national impact. It is an Local Law Enforcement Enhancement emerged a minute later, the car was Act, a bill that would add new cat- honor and a privilege to congratulate gone. The police issued an AMBER my good friend, Ernie Allen, on win- egories to current hate crimes law, Alert. They quickly tracked down the sending a signal that violence of any ning the Henry Clay Distinguished car and collared the kidnapper. Thank- Kentuckian Award from the Kentucky kind is unacceptable in our society. fully, the baby was still safely strapped On August 18, 2001 in Ithaca, NY, Mi- Society of Washington. Ernie’s work as in his car seat. We can all imagine his chael Palahicky, 20, punched a man President and CEO of the National Cen- mother’s relief. Multiply that feeling and called him an anti-gay epithet. He ter for Missing and Exploited Children by 83,000 children saved, and you begin was charged with harassment as a bias makes him a most worthy recipient. As to see the good Ernie and the National crime. I mentioned, I’ve known Ernie for over Center do. I believe that the Government’s first 40 years, dating back to our days at Twenty years ago, it was literally duty is to defend its citizens, to defend Manual High School in Louisville. On easier to find a stolen car than a miss- them against the harms that come out the same day I won election as presi- ing child. Now because of Ernie, that is of hate. The Local Law Enforcement dent of the high school, Ernie was no longer the case. Parents across Enhancement Act is a symbol that can elected president of the junior high America owe Ernie thanks for the become substance. I believe that by school. We both went on to attend the peace of mind they have every day, passing this legislation and changing University of Louisville, and were fra- knowing that should the unspeakable current law, we can change hearts and ternity brothers. ever happen, an incredible man is run- minds as well. Knowing Ernie so well, I can assure ning a fine organization dedicated to f you that his dedication to rescuing rescuing their child. Kentucky, Amer- missing children runs deep. Over twen- ica, and the United States Senate pay FORMER SENATOR BROCK ADAMS ty years ago, when I was the Jefferson tribute to Ernie Allen, and hope he will Ms. CANTWELL. Mr. President, last County Judge-Executive, Ernie was the be on the side of justice and mercy for week, Washington State and the Na- Director of the Louisville/Jefferson many years to come. tion lost a dedicated civic servant who

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.019 S15PT1 S9280 CONGRESSIONAL RECORD — SENATE September 15, 2004 gave much of his life to serving the York’s Carnegie Hall in January 2002. Americas, and his legacy to this coun- public when former Senator Brock In addition to their exceptional per- try will be reflected in the values of his Adams passed away following a long formances in the United States, the students for many years to come. battle with Parkinson’s disease. American Youth Philharmonic was a f Today, his family and friends are dignified cultural ambassador for this CONGRATULATING GEORGE gathered to remember his life and leg- country at the International Rachma- BRUNSTAD acy—and it is truly a long legacy— ninoff Festival in Russia, the Aberdeen from fighting for civil rights to pro- International Youth Festival in Scot- Mr. DODD. Mr. President, I congratu- tecting the environment to standing up land, and the British Festival of Youth late one of my Connecticut constitu- for people suffering from AIDS. Orchestras. The young men and women ents, George Brunstad, on an extraor- Brock made his commitment to pub- of the orchestra have offered the diplo- dinary achievement. A few weeks ago, lic service clear early in his life by matic language of music to our friends George, a resident of Ridgefield, be- serving as student body president at abroad, and they deserve to be recog- came the oldest person to swim across the University of Washington. It was nized for their efforts. the English Channel. not long afterwards that he became the If we were to gauge the success of the George, who celebrated his 70th youngest United States attorney in the American Youth Philharmonic by the birthday on August 25, began his entire Nation. rate at which its students are accepted record-breaking swim three days later Over the course of his career, Brock to the best musical and educational when he left Dover, England shortly would go on to serve the people of schools in the United States, we would after 9 a.m. on Saturday, August 28. He Washington State in the House of Rep- see that the American Youth Phil- reached Sangatte, on the French coast, resentatives and ultimately in the Sen- harmonic is unrivaled in its training of after midnight on Sunday, completing ate. He also served the country, as our Nation’s best and brightest. Mem- the 21-mile stretch in 15 hours and 59 President Jimmy Carter’s Secretary of bers of the American Youth Phil- minutes. Prior to George, the oldest Transportation. His accomplishments harmonic have continued their study of person to swim the Channel was in that role are epitomized by his work music at the Oberlin Conservatory, the Clifford Batts, who was about 100 days to help create Amtrak. Juilliard School, Carnegie Mellon, and shy of his 68th birthday. Brock will be long remembered for the Cleveland Institute of Music, while Let me tell my colleagues a little about George Brunstad. He is a retired hard work on behalf of Washington and others proudly accepted offers to Har- Air Force pilot who flew B–52 bombers. the Nation. My thoughts and prayers vard, Princeton, Stanford, and the Uni- For 20 years, he piloted jumbo jets for are with his wife Betty and the rest of versity of Southern California, to name American Airlines. Currently, he is a his family during this sad time. a few. swim coordinator for children at the f Beyond the beauty of the sound generated in their performances, the YMCA in Wilton, CT, where he is affec- AMERICAN YOUTH PHILHARMONIC American Youth Philharmonic Orches- tionately known as ‘‘Grandpa George.’’ ORCHESTRA tras have given their time and service George and his wife Judy are active Mr. WARNER. Mr. President, I rise to the surrounding communities of members of the Wilton Baptist Church, to commend and congratulate the Northern Virginia and the District of where George serves as a Deacon. For American Youth Philharmonic Orches- Columbia. The American Youth Phil- 20 years, George has been associated tra of Annandale, VA on its fortieth harmonic created a music mentorship with Pivot Ministries, a group that anniversary. program that trains designed high- helps men who are recovering from The cultural and political history of school members to offer free tutoring drug and alcohol addiction. While George was on the swim team the United States has changed dra- to younger musicians in the area. In in college, he had been away from the matically over the last five decades. this way, the students of the orchestra sport for 20 years before he saw a sign During that time, however, the Amer- are able to strengthen their own abili- at the Wilton YMCA advertising com- ican Youth Philharmonic Orchestras ties as teachers while providing an en- petitive swimming for adults. That was have provided a vital service for young riching experience to those who are 31 years ago, and George Brunstad musicians throughout northern Vir- limited by financial circumstances or hasn’t stopped swimming since. He is a ginia and the District of Columbia. The their special needs. Recognizing the World Masters Open Water Swimming 2004–05 concert season will commemo- value of this community service, the Champion and has won more than 100 rate the 40th year in which the Amer- First Place Arts Council of Fairfax national championship medals in U.S. ican Youth Philharmonic Orchestras County, VA recognized the American Masters Swimming. have trained new generations of chil- Youth Philharmonic with the Arts for But George Brunstad’s feat last dren, teenagers, and young adults to Special Audiences Award in 2000. month was much more than an athletic become extraordinary musicians. To We must also credit the constant achievement. Last year, George and give an example of the marvelous im- dedication of Maestro Luis Haza for the Judy traveled on a mission to the is- pact that this institution has had, over brilliance of the American Youth Phil- land nation of Haiti with their church. 100 public and private schools from harmonic. Mr. Haza has given 20 years They were appalled by the incredible Washington’s metropolitan area are of service to this ensemble in addition poverty that continues to afflict that represented within the orchestra’s cur- to his 29 years of ongoing performance nation. They were particularly sad- rent enrollment. The students of the as a violinist with the esteemed Na- dened by the large numbers of home- American Youth Philharmonic con- tional Symphony Orchestra. Born in less children they saw in Haiti. And stantly strive for excellence in their Santiago, Cuba, Mr. Haza was honored they decided to do what they could to performances; such preparation in- with a Washington Immigrant Achieve- help those children. creases the chance that they will seek ment Award in 2004, and he truly dem- George and Judy are founding mem- to make a positive impact on our soci- onstrates a commitment to the values bers of the board of directors of the ety, whether through the arts or other of democracy and freedom on which Center of Hope, an organization de- endeavors. this country was founded. While Mr. voted to building an orphanage and With a group of approximately 400 Haza has shared his talent for musical school in the Haitian city of Hinche. students, the orchestra has represented direction with the London Symphony Hinche has 80,000 people, most of whom Virginia and the District of Columbia Orchestra, our own National Sym- are desperately poor and lack basic with distinction in the performances at phony Orchestra, and the national or- needs like clean water, shelter, medical the Kennedy Center, the Festival of chestras of Panama, El Salvador, and care, transportation, and education. Youth Orchestras, and the Spoleto Fes- Guatemala, his passion for music is George decided that his swim across tival in South Carolina. Remembering never more evident than in his direc- the Channel would be a perfect way to this Nation’s tragic losses on Sep- tion of the American Youth Phil- raise money for the Center of Hope. In tember 11, 2001, the Philharmonic per- harmonic. Mr. Haza has dedicated a total, he managed to raise over $11,000. formed a touching concert, entitled lifetime to sharing the gift of music As someone who has been to Haiti nu- ‘‘The Spirit of Freedom,’’ at New with young people throughout the merous times, and as a Senator who

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.065 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9281 has done his best to try to direct our carry out such schemes are too often comes ever more a part of our lives. It attention to Haiti’s dire needs, I’m par- allowed to escape the grasp of the FTC. is the responsibility of the Task Force ticularly pleased that George Brunstad But even if the FTC were able to share to be leaders on technology issues in chose to turn his moment of personal information with its foreign counter- the Senate. We are tasked by the ma- triumph into one that will help better parts and market regulators, the FTC jority leader to reach out to the tech- the lives of some of the residents of an would be unable to litigate consumer nology community to listen and learn impoverished nation only a few hun- protection cases in foreign courts. and then advise our colleagues and lead dred miles from our shores. While these are descriptions of mere- on legislation related to this important This coming weekend, the Wilton ly a few gaps in the FTC’s current sector of our economy. And we have Baptist Church and the Center of Hope international consumer protection au- been very successful this year. Senate will be holding a special celebration in thority, they underscore how vulner- Republican High Tech Task Force George’s honor. I send George, Judy, able American consumers are to cross- members have passed important legis- their family, and all those who will be border fraud. This legislation would fill lation that protects technology and attending the celebration my best these and other gaps in the FTC’s cur- helps foster continued innovation. Just wishes, and my enthusiastic congratu- rent international consumer protection a few of the many accomplishments in lations. authority, and allow the FTC to func- the past few months include the fol- f tion more effectively in carrying out lowing: Senator ALLEN has championed FEDERAL TRADE COMMISSION its Congressional mandate to protect intellectual property protection and REAUTHORIZATION ACT American consumers. has utilized his position with the Com- This bill, as amended, would also mittee on Foreign Affairs to ensure Mr. MCCAIN. Mr. President, I am grant authority to the FTC to provide that American intellectual property is pleased that the Senate has agreed by investigative and other services to a protected abroad and that overseas pi- unanimous consent to pass a substitute requesting domestic law enforcement racy of copyrighted materials is fought amendment to the Federal Trade Com- agency and receive from that agency, if to the fullest extent possible. Senator mission Reauthorization Act, S. 1234. offered, reimbursement for the FTC’s ALLEN was also successful in passing The bill would reauthorize the Federal involvement. Finally, the amendment legislation out of the Senate to keep Trade Commission in furtherance of its would provide to the Commission the State, local, and Federal tax collectors mission to enhance the efficient oper- authority it has requested to receive from driving up the cost of broadband ation of the marketplace by both gifts or items that would be useful to with Internet access taxes. eliminating acts or practices that are the Commission as long as a conflict of Senator GRASSLEY has championed unfair or deceptive and preventing interest is not created by such receipt. anti-competitive conduct. Further, the free trade agreements with Singapore, The underlying bill was considered Chile and Australia. Free trade is the legislation would authorize funding for and reported unanimously last year by the FTC through 2008, and enhance the life blood of our economy and ensuring the Senate Committee on Commerce, that American companies are able to Commission’s ability to combat inter- Science, and Transportation. Since national—or cross-border—fraud. access new markets on a fair footing being placed on the Senate Calendar, with all appropriate intellectual prop- In addition to reauthorizing this its provisions have been thoroughly vital consumer protection agency for erty protections creates and protects vetted on a bipartisan basis with the American jobs. the period 2005 through 2008, the bill, as multiple federal agencies that have a amended, is also designed to mitigate Senator SUNUNU has led Senate ef- vested interest in its enactment. We forts in protecting nascent voice over the challenges that the FTC increas- have worked with and received sign off ingly faces in combating cross-border internet protocol technology which from each affected agency on this sub- promises to provide new data services fraud. The FTC’s consumer protection stitute amendment. responsibilities are essential, particu- for businesses and consumers, fun- f larly in today’s global climate of high- damentally changing the way we look speed information and marketing, REPUBLICAN HIGH TECH TASK at phone service. which know no international borders. FORCE Senator BURNS worked tirelessly to This legislation is crucial to the Mr. ENSIGN. Mr. President, I rise to successfully secure passage of the FTC’s ability to protect American con- speak about the critical role of tech- CAN–SPAM Act which was passed sumers by authorizing the Commission nology and innovation in maintaining unanimously by the United States Sen- to: Share information involving cross- our Nation’s security and prosperity in ate. Unsolicited commercial e-mails border fraud with foreign consumer the future. Technology and the intel- are overwhelming our telecommuni- protection agencies; secure confiden- lectual property that accompanies it is cations infrastructure and costing tial information from those foreign the very lynchpin of our modern econ- Americans productivity and now, more agencies; work in conjunction with the omy. Technology is changing all the alarmingly, affecting their confidence U.S. Department of Justice to seek re- rules, from the way we do business to in online transactions. The CAN–SPAM dress for American consumers in for- how we communicate. It is saving Act was a successful first step, and the eign courts; make criminal referrals to lives, and it is protecting our home- Task Force will continue to work to re- the DOJ for cross-border criminal ac- land. In recognition of the critical role store confidence and protect American tivity; and generally strengthen its re- that technology plays in the lives of all consumers from SPAM. lationship with foreign consumer pro- Americans, Majority Leader BILL Senator SMITH and I have been suc- tection agencies. FRIST has made technology a top pri- cessful in seeing the Invest in the USA Under the FTC’s current authority ority by devoting significant time and Act passed out of the Senate. This im- the agency is not able to exchange in- resources to the Senate Republican portant legislation will bring back a formation with its foreign counterparts High Tech Task Force which serves as cash infusion of over $400 billion to be to shut down consumer scams origi- the focal point for technology-related reinvested in America and create over nating outside the United States, but issues in the United States Senate. 600,000 American jobs. This will allow perpetrated against American con- I have been honored to serve as the money that American companies earn sumers. As a consequence, the FTC is chairman of the Senate Republican overseas to be brought back to the left without the ability to seek redress High Tech Task Force during the 108th United States where it can create jobs on behalf of defrauded consumers. In Congress. I have been privileged to and grow our economy. addition, the FTC is not currently con- meet the leading innovators of our My colleagues and I have been very sidered a ‘‘market regulator,’’ and great Nation and talk directly to the busy during the 108th Congress. We thus, banking agencies may not share employees who have made technology have visited technology centers around suspicious consumer information with their career and are delivering every the United States and met with top the FTC. As a result, the FTC is not day the promise of the new ‘‘next big innovators and the most talented em- able to trade funds derived from illegal thing.’’ ployees in the world. The work of the Internet schemes sent through U.S. The work of the Senate Republican High Tech Task Force will continue banks and placed in offshore bank ac- High Tech Task Force increases in im- through the remainder of this session counts. Thus, those who devise and portance each day, as technology be- and into the 109th Congress.

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.094 S15PT1 S9282 CONGRESSIONAL RECORD — SENATE September 15, 2004 The Senate Republican High Tech FEMA, in turn, relies upon some 4,000 TENTH ANNIVERSARY OF THE Task Force remains focused on secur- part time, temporary employees called PASSAGE OF THE VIOLENCE ing final passage of important prior- disaster assistance employees to help it AGAINST WOMEN ACT ities such as: final passage of the JOBS meet the heightened workload de- Ms. LANDRIEU. Mr. President, today Bill that includes international tax re- mands. These disaster reservists, who I rise to commemorate the tenth anni- form, extension of the R&D Tax Credit live in all corners of our Nation, are or- versary of the passage of the Violence and the Invest in the USA Act; pre- ganized into cadres and are pressed Against Women Act, VAWA. One of the serving broad-based employee stock op- into service when their services are most prominent woman Latin Amer- tion plans that are threatened by needed. ican writers, Isabel Allende, once said, FASB; class action reform to stop friv- The Federal Government transports ‘‘How can one not speak about war, olous lawsuits that stifle innovation these individuals from their home to poverty, and inequality when people and drive up costs for consumers; the disaster site, houses them, pays a who suffer from these afflictions don’t bringing an end to patent fee diversion Federal civil service wage for their have a voice to speak?’’ Ten years ago that harms the ability of U.S. services and returns them home at today, this body rose up and spoke for innovators to bring their exciting prod- Federal expense when their services are a group in our society that is fre- ucts to market. Four-year delays to ob- no longer needed. quently left voiceless. tain patents hurt innovation; final pas- The number of women in the United sage of the Internet Tax Moratorium In the native villages of my home States who have been murdered by an legislation to keep state, local, and State and in native communities intimate partner is greater than the federal tax collectors from driving up across the Nation, the level of unem- number of soldiers killed during the the cost of Internet access; final pas- ployment is unacceptably high. Native Vietnam War. In 1996 alone, over 30 sage of the Spectrum Relocation Bill people are often left with the choice of percent of all female murder victims in which will provide additional spectrum relocating to urban areas where jobs the United States were slain by their for the wireless revolution and has the are in greater supply, leaving their na- husbands or boyfriends. These women potential to yield more than $500 bil- tive culture behind or remaining in who lost their lives in the war of do- lion in economic and consumer benefits their communities where jobs are mestic violence that plagues our coun- over the next decade, spur $50 billion or scarce. try began to have a voice because of more in capital investment, and create I suspect that native people who live the passage of VAWA. thousands of American jobs. in the rural villages of Alaska will find Today, there are roughly 143.4 mil- These priorities are critical to our the opportunity for intermittent em- lion women in the United States. Of country’s continued leadership in the ployment with FEMA desirable. Em- this population, it is predicted that al- world, and we are redoubling our ef- ployment such as that offered by most 28.7 million, or 20 percent, will be forts to see these issues through to sig- FEMA in the Disaster Assistance Em- raped during their lifetime, and one- nature by the President. We are more ployee cadres allows my native people third will be physically or sexually committed than ever to ensuring that to participate in the cash economy abused. Battery is the single greatest cause of injury to women in the United American workers are getting the best without completely losing their ties States, accounting for more emergency education in order to become the with the traditional subsistence cul- room visits than all other injuries com- innovators of the future. And yet there ture in their villages. I expect the same bined. Yet, with these sobering statis- are new issues arising each day. Mem- is true for native people who live on tics there are three times more shel- our Indian reservations and native Ha- bers of the task force will be inti- ters for neglected animals than there waiians. mately involved with rewriting the are shelters for battered women. Telecommunications Act of 1996. Issues Last evening, joined by Senator Jane Addams said, ‘‘Action indeed is such as the regulatory treatment of INOUYE and Senator STEVENS, I offered the sole medium of expression for eth- voice over internet protocol and has- an amendment to H.R. 4567, the Home- ics.’’ Ten years ago on this day, the tening the availability of spectrum for land Security Appropriations Bill on United States Congress acted to ensure next-generation wireless broadband, this subject. This amendment encour- that all women who are victims of vio- along with many others, will be added ages the Secretary of Homeland Secu- lence receive the protection and sup- to our list of priorities for the coming rity to make an effort to improve the port they need and deserve. However, session of Congress. representation of American Indians, there is still more work to be done. Do- In conclusion, we have accomplished Alaska natives and native Hawaiians in mestic violence is a problem that con- much over the past year on many tech- the Disaster Assistance Employee cad- tinues to afflict our country. nology issues. The Senate Republican res by actively recruiting in our native It is estimated that family violence High Tech Task Force has been an ef- communities. The amendment was costs our Nation from $5 to $10 billion fective voice for technology on Capitol adopted by unanimous consent last annually in medical expenses, police Hill. Our members are leaders on every evening, and I want to thank my col- and court costs, shelters, foster care, major technology issue and are fight- leagues for supporting it. sick leave, absenteeism, and non-pro- ing to protect American innovation. I hope that this amendment will ductivity. Remarkably, the VAWA do- While we have been very successful in serve its intended purpose, which is to mestic violence programs have helped pursuing our policy platform, tech- to save money, while saving lives. The encourage FEMA to be proactive in nology is ever-changing. We will work original VAWA that was authorized 10 identifying opportunities to reduce un- diligently to ensure that we stay ahead years ago saved taxpayers at least $14.8 employment among our qualified and of the curve and, if nothing else, help billion in net averted social costs. This motivated native workforce, and I hope keep government out of the way to year, as we move through the appro- that this lesson will not be lost on the allow American innovators and entre- priations process, I ask all of my col- other Federal agencies. preneurs to bring the latest and great- leagues to remember the millions of in- est to the doorsteps of all Americans. As thousands of native people from nocent women in this country who f across our Nation descend on Wash- have been the victims of violence and ington next week for the opening of the the effects that violence has had, not EMPLOYMENT OPPORTUNITIES National Museum of the American In- only on them, but also on their fami- FOR NATIVE PEOPLE dian, it is fitting that our Federal Gov- lies and our society. Ms. MURKOWSKI. Mr. President, ernment renew its commitment to pro- Mr. LAUTENBERG. Mr. President, I when troubles befall our Nation, vide native people, many of whom re- rise to commemorate an important whether it is a hurricane in Florida, a side in the remotest parts of our Na- event in this country’s history. Today tornado in Oklahoma, or an earth- tion, with access to Federal employ- marks the tenth anniversary of the quake in my State of Alaska, America ment opportunities. Last night the passage of Violence Against Women turns to the Federal Emergency Man- Senate did just that, and I am grateful Act. I am proud that I was an original agement Agency, FEMA, to help it re- to my colleagues for their support of cosponsor of that bill which has done cover. my amendment. so much to reduce domestic violence.

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.053 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9283 The Violence Against Women Act, or mate partner rapes and physical as- and determined effort. It recognizes her VAWA, was originally passed in 1994, saults are perpetrated against U.S. outstanding dedication to teaching and and reauthorized in 2000, both times by women annually and nearly one in exceptional commitment to her stu- overwhelming bipartisan majorities. It every four women experiences at least dents. She should be very proud of this created our current framework for a one physical assault by a partner. honor. comprehensive, coordinated response When I think about my legislative Now more than ever before, Wyoming to domestic violence, stalking and sex- agenda I look to my family: my three needs the skills and talents of college ual assault. Before VAWA, domestic vi- daughters and son, and my ten grand- professors like Susanna Goodin. She olence was too often considered to be a children. The thought that a woman understands the importance of a well- ‘family matter’ to which the police could be the subject of abuse is repul- rounded college education for students turned a blind eye. There were no Fed- sive. Domestic violence doesn’t just if we are to produce the next genera- eral penalties for stalking, domestic vi- happen to women; it happens to fami- tion of our State’s and our Nation’s olence or violating a protection order. lies. That is why we must continue to leaders. We are very grateful for all she And in sexual assault cases, a victim’s fund programs to help victims, enforce does to make a difference. Her efforts past sexual history was considered a le- laws protecting women, and teach re- are greatly appreciated. gitimate subject for the defense to spect and nonviolent problem-solving Congratulations again to one of Wyo- bring up in the courtroom. All of these to our children. We need to make this ming’s special citizens. Diana joins in basic considerations became law as a country a place where women and chil- sending our best wishes.∑ result of VAWA. dren are safe, whether walking down a As a result of this landmark legisla- f city street or in their own homes. I tion millions of dollars in grants are CAPTAIN KRISTINE GEDDINGS hope that my colleagues will join me in distributed to States and local commu- making this goal a reality. ∑ Mr. CRAIG. Mr. President, I rise to nities to put these cost effective pro- recognize a dedicated patriot, sailor, f grams into practice. The first VAWA, wife and mother: CAPT Kristine authorized in 1994, cost $15.50 per FUNDING FOR HURRICANE Geddings, U.S. Navy. I had the privi- woman and has been estimated to save DAMAGE lege of getting to know Captain $159 per woman, totaling a savings of Mr. NELSON of Florida. Mr. Presi- Geddings when she served in my office nearly $14.8 billion since its creation in dent, I ask unanimous consent that the on Capitol Hill as a legislative fellow, averted costs of victimization. VAWA letter from Lieutenant General Steven and I have continued to follow her ca- programs have helped train thousands Blum, Chief of the National Guard Bu- reer. I am pleased to offer this tribute of law enforcement officers, prosecu- reau to me regarding funding for hurri- to her achievements. tors, court officials and victim advo- cane damage repair for National Guard Before joining the Navy, this remark- cates to respond effectively to domes- facilities in Florida be printed in the able lady spent 15 years as a housewife tic violence. In the first five years after RECORD. and mother. As her daughter entered VAWA became law, intimate partner There being no objection, the mate- high school, and having gained her violence dropped significantly, and by rial was ordered to be printed in the Bachelor of Science degree at the Uni- 2002, violent crimes against women RECORD, as follows: versity of North Florida, Captain were less than half of what they were Geddings decided upon a Naval Career, in 1993. This is a record of which we can NATIONAL GUARD BUREAU, OFFICE OF THE CHIEF, and applied to and was accepted into be very proud. Arlington, VA, September 14, 2004. Officer Candidate School at Newport, On a related note, I am proud to have Hon. BILL NELSON, RI. At the age of 34, she was one of the my name associated with a law that U.S. Senate, Washington, DC. has done a great deal to make families oldest cadets to ever graduate from DEAR SENATOR NELSON: Major General OCS, yet she met all the qualifications, safer, the Domestic Violence Gun Ban. Doug Burnett, The Adjutant General of Flor- This law prohibits those convicted of a ida, has identified approximately $5 million including physical requirements, that crime involving domestic violence— of repairs to Florida National Guard facili- were designed for cadets closer to the whether a felony or a misdemeanor— ties which were damaged by the recent hurri- age of her daughter. from acquiring or possessing a gun. Re- canes. By the time her granddaughter As I indicated to General Burnett and reit- Amber commences sixth grade this search shows that the presence of a gun erate to you, I am committed to imme- in a household where a woman is bat- fall, Captain Geddings will have retired diately providing sufficient funding from the from active duty after 23 years of serv- tered increases the chances of her National Guard Bureau to accomplish the death significantly: often, the only dif- necessary repairs. I would surmise that ice in the United States Navy. Captain ference between a battered woman and most, if not all, the required work will be Geddings has served the Nation and the a dead woman is the presence of a gun. able to be accomplished with National Guard Navy faithfully and well over these Since many abusers do not get con- Operations and Maintenance funding and many years. Her personal leadership, victed of felonies, this law has helped within my authority to allocate. However, if intelligence, stewardship, and compas- to keep guns out of the hands of thou- there are instances where reprogramming sionate commitment to her sailors and will require Congressional approval, I will sands of people who are dangerous to the United States Navy mark a career ask for your assistance in expediting that ac- most worthy of our recognition. their partners and families. Since its tion. passage this law has prevented the sale Thank you for your continued support of Captain Geddings’ initial assignment of almost 30,000 guns, potentially sav- our National Guard. The 21st Centry Minute- was to Patrol Squadron Thirty, Naval ing countless lives. men of the Florida National Guard are prov- Air Station, Jacksonville, FL, where We cannot mark the passage of this ing themselves through their stellar actions she served both as personnel and legal landmark legislation without making both in the state and abroad. officer. She next reported to Naval mention of two particular champions Sincerely, Management Engineering Center, De- in the campaign to stop violence H. STEVEN BLUM, tachment Jacksonville as a Manage- Lieutenant General, U.S. Army, Chief, ment Analyst and team leader. During against women. Our friend and former National Guard Bureau. colleague Senator Paul Wellstone and this tour, she completed her Master of his wife Sheila were tireless fighters f Arts in Administration through Cen- against domestic violence. The Sheila ADDITIONAL STATEMENTS tral Michigan University. Wellstone Institute, in the first year of Next, she was assigned to Navy Re- its existence, has been at the forefront cruiting District, Jacksonville, FL, of the movement to institute effective SUSANNA GOODIN where she took on the most chal- policies to stop violence against ∑ Mr. ENZI. Mr. President, I take this lenging assignment in recruiting, the women and children. On this anniver- time to congratulate Susanna Goodin Enlisted Programs Officer. Seeking the sary we should remember their wonder- for being honored with the Wyoming next most challenging job in recruit- ful work, and commit to finishing it. Professor of the Year Award in 2003. ing, she accepted the job of executive We still have much more to do. Even This recognition represents the cul- officer of the recruiting station in New today, approximately 4.9 million inti- mination of a great deal of hard work Orleans, LA. Finally, in 1998, Captain

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.052 S15PT1 S9284 CONGRESSIONAL RECORD — SENATE September 15, 2004 Geddings assumed command of Navy EXECUTIVE MESSAGES REFERRED et Trading Program’’ (FRL#7805–7) received on September 13, 2004; to the Committee on Recruiting District, Richmond, VA, As in executive session the PRE- where she led 192 recruiters and sup- Environment and Public Works. SIDING OFFICER laid before the Sen- EC–9220. A communication from the Dep- port personnel in 42 recruiting stations ate messages from the President of the uty Associate Administrator, Environmental spread over 5 States to be named Navy United States submitting sundry nomi- Protection Agency, transmitting, pursuant Recruiting Command District of the nations and a withdrawal which were to law, the report of a rule entitled ‘‘Ap- Year, bronze. On her watch during referred to the appropriate commit- proval and Promulgation of Implementation these years as a Navy recruiter, the Plans; Indiana; Revised Mobile Source Inven- tees. tories and Motor Vehicle Emissions Budgets Navy won its ‘‘Battle for Talent.’’ Be- (The nominations received today are cause of the efforts of recruiters like for 2005 and 2007 Using MOBILE6’’ printed at the end of the Senate pro- (FRL#7806–5) received on September 13, 2004; Captain Geddings, the Navy did more ceedings.) to the Committee on Environment and Pub- than just maintain the status quo. lic Works. They brought the Navy a high quality f EC–9221. A communication from the Dep- sailor, and because of that high quality MESSAGES FROM THE HOUSE uty Associate Administrator, Environmental sailor, the Navy’s retention, readiness, Protection Agency, transmitting, pursuant At 12:32 p.m., a message from the and quality of life were improved. to law, the report of a rule entitled ‘‘Ap- House of Representatives, delivered by Captain Geddings accepted orders to proval and Promulgation of Implementation Mr. Hays, one of its reading clerks, an- Plans; State of Missouri’’ (FRL#7805–1) re- Naples, Italy on the staff of nounced that the House has passed the ceived on September 13, 2004; to the Com- COMFAIRMED in 1989. That very same following bills, in which it requests the mittee on Environment and Public Works. year, her husband Gerry retired from EC–9222. A communication from the Dep- concurrence of the Senate. the Navy after 20 years of service, and uty Associate Administrator, Environmental their daughter Michelle was married to H.R 1084. An act to provide liability protec- Protection Agency, transmitting, pursuant tion to nonprofit volunteer pilot organiza- her husband, Trace Wilson. After her to law, the report of a rule entitled ‘‘Ap- tions flying for public benefit and to the pi- proval and Promulgation of State Plans for tour in Naples, and follow-on assign- lots and staff of such organizations. Designated Facilities and Pollutants; State ment as a student at Command and H.R. 1787. An act to remove civil liability of Iowa’’ (FRL#7805–4) received on September Staff College, Quantico, VA, and Joint barriers that discourage the donation of fire 13, 2004; to the Committee on Environment Forces Staff College, Norfolk, VA, Cap- equipment to volunteer fire companies. and Public Works. tain Geddings completed her Joint Pro- H.R. 4571. An act to amend Rule 11 of the EC–9223. A communication from the Dep- fessional Military Education. Federal Rules of Civil Procedure to improve uty Associate Administrator, Environmental In 1996 she was selected for the Legis- attorney accountability, and for other pur- Protection Agency, transmitting, pursuant poses. to law, the report of a rule entitled ‘‘Na- lative Fellows Program and reported to tional Primary Drinking Water Regulations: Washington, DC, for orientation at f Analytical Method for Uranium’’ (FRL#7805– America’s oldest public policy research ENROLLED BILLS SIGNED 5) received on September 13, 2004; to the institution, the Brookings Institution. Committee on Environment and Public The remainder of her fellowship, she At 3:30 p.m., a message from the Works. served as my Legislative Assistant for House of Representatives, delivered by EC–9224. A communication from the Dep- Ms. Niland, one of its reading clerks, uty Associate Administrator, Environmental Veteran’s Affairs. Captain Geddings re- Protection Agency, transmitting, pursuant ported to the Department of the Navy, announced that the Speaker has signed the following enrolled bills: to law, the report of a rule entitled ‘‘OMB Organization, Management, and Infra- Approvals Under the Paperwork Reduction S. 1576. An act to revise the boundary of structure Team as a Senior Analyst Act; Final Rule’’ (FRL#7803–6) received on Harpers Ferry National Historical Park, and and as administrative aide under the September 13, 2004; to the Committee on En- for other purposes. vironment and Public Works. Deputy Under Secretary of the Navy. H.R. 361. A act to designate certain con- In December 1999, Captain Geddings EC–9225. A communication from the Dep- duct by sports agents relating to the signing uty Associate Administrator, Environmental served on the Joint Staff, and was as- of contracts with student athletes as unfair Protection Agency, transmitting, pursuant signed as a Joint Education Planner in and deceptive acts or practices to be regu- to law, the report of a rule entitled ‘‘Revi- J–7, Operational Plans and Joint Force lated by the Federal Trade Commission. sions to the Arizona State Implementation Development, with primary responsi- H.R. 3908. An act to provide for the convey- Plan, Arizona Department of Environmental bility as the Chairman of the Joint ance of the real property located at 1081 West Quality’’ (FRL#7789–9) received on Sep- Main Street in Revenna, Ohio. Chiefs of Staff’s representative for the tember 13, 2004; to the Committee on Envi- H.R. 5008. An act to provide an additional ronment and Public Works. Department of Defense Centers for Re- temporary extension of programs under the EC–9226. A communication from the Assist- gional Security Studies. It was during Small Business Act and the Small Business ant Secretary of the Army for Civil Works, this tour of duty that the attacks of Investment Act of 1958 through September Department of Defense, a report relative to September 11, 2001, on the World Trade 30, 2004, and for other purposes. construction of a hurricane and storm dam- Center and the Pentagon occurred. f age reduction project for the area from Bar- Shortly thereafter, Captain Geddings negat Inlet to Little Egg Inlet, on Long reported to the OPNAV staff in July, MEASURES REFERRED Beach Island, New Jersey; to the Committee on Environment and Public Works. 2002, as the Head, Joint, and Contin- The following bill was read the first EC–9227. A communication from the Ad- gency Matters and N–1 Planner. and the second times by unanimous ministrator, Environmental Protection It is a great honor and personal privi- consent, and referred as indicated: Agency, transmitting, pursuant to law, a re- lege for me to recognize the exemplary H.R. 4571. An act to amend Rule 11 of the port relative to the impacts and control of service of CAPT Kristine Geddings and Federal Rules of Civil Procedure to improve combined sewer overflows (CSOs) and sani- her family today. She is an individual attorney accountability, and for other pur- tary sewer overflows (SSOs); to the Com- of uncommon character, and an ami- poses; to the Committee on the Judiciary. mittee on Environment and Public Works. EC–9228. A communication from the Dep- able personality who will be sincerely f uty Assistant Secretary for Policy, Em- missed. I wish her and her family fair ployee Benefits Security Administration, winds and following seas as she closes EXECUTIVE AND OTHER Department of Labor, transmitting, pursu- her distinguished military career. I COMMUNICATIONS ant to law, the report of a rule entitled also wish them continued success and The following communications were ‘‘Electronic Requirements for Investment happiness they so well deserve.∑ laid before the Senate, together with Advisers to be Investment Managers Under accompanying papers, reports, and doc- Title I of ERISA’’ (RIN1210–AA94) received on August 26, 2004; to the Committee on f uments, and were referred as indicated: Health, Education, Labor, and Pensions. EC–9219. A communication from the Dep- EC–9229. A communication from the Chair- MESSAGES FROM THE PRESIDENT uty Associate Administrator, Environmental man, Railroad Retirement Board, transmit- Protection Agency, transmitting, pursuant Messages from the President of the ting, pursuant to law, the Board’s fiscal year to law, the report of a rule entitled ‘‘Ap- 2006 budget request; to the Committee on United States were communicated to proval and Promulgation of Air Quality Im- Health, Education, Labor, and Pensions. the Senate by Ms. Evans, one of his plementation Plans; Virginia; Revision of EC–9230. A communication from the Regu- secretaries. Flow Control Data in Nitrogen Oxides Budg- lations Coordinator, Centers for Medicaid

VerDate Aug 04 2004 02:41 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.104 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9285 and Medicare Services, Department of partment of the Interior, transmitting, pur- transmitting, pursuant to law, the report of Health and Human Services, transmitting, suant to law, the report of a rule entitled a rule entitled ‘‘Modification of Class E Air- pursuant to law, the report of a rule entitled ‘‘Indian Reservation Roads Program’’ space; McCook, NE Doc. No. 04–ACE–34’’ ‘‘Medicare Program, Hospice Wage Index for (RIN1076–AE17) received on September 14, (RIN2120–AA66) received on September 13, Fiscal Year 2005’’ (RIN0938–AM78) received on 2004; to the Committee on Indian Affairs. 2004; to the Committee on Commerce, September 6, 2004; to the Committee on EC–9240. A communication from the Dep- Science, and Transportation. Health, Education, Labor, and Pensions. uty Chief, Administrative Law Division, Cen- EC–9251. A communication from the Para- EC–9231. A communication from the Regu- tral Intelligence Agency, transmitting, pur- legal Specialist, Federal Aviation Adminis- lations Coordinator, Centers for Medicaid suant to law, the report of a vacancy and tration, Department of Transportation, and Medicare Services, Department of designation of acting officer for the position transmitting, pursuant to law, the report of Health and Human Services, transmitting, of General Counsel, Central Intelligence a rule entitled ‘‘Modification of Class E Air- pursuant to law, the report of a rule entitled Agency, received on August 26, 2004; to the space; Mosby, MO Doc. No 04–ACE–33’’ ‘‘Medicare Program; Prospective Payment Select Committee on Intelligence. (RIN2120–AA66) received on September 13, System and Consolidated Billing for Skilled EC–9241. A communication from the Dep- 2004; to the Committee on Commerce, Nursing Facilities—Update Notice’’ uty Chief, Administrative Law Division, Cen- Science, and Transportation. (RIN0938–AM46) received on September 6, tral Intelligence Agency, transmitting, pur- EC–9252. A communication from the Para- 2004; to the Committee on Health, Education, suant to law, the report of a nomination con- legal Specialist, Federal Aviation Adminis- Labor, and Pensions. firmed for the position of Deputy Director of tration, Department of Transportation, transmitting, pursuant to law, the report of EC–9232. A communication from the Regu- Central Intelligence for Community Manage- a rule entitled ‘‘Modification of Class E Air- lations Coordinator, Centers for Medicaid ment, Central Intelligence Agency, received space; Lexington, NE Doc. No. 04–ACE–40’’ and Medicare Services, Department of on August 26, 2004; to the Select Committee (RIN2120–AA66) received on September 13, Health and Human Services, transmitting, on Intelligence. 2004; to the Committee on Commerce, pursuant to law, the report of a rule entitled EC–9242. A communication from the Dep- Science, and Transportation. ‘‘Medicare Program; Inpatient Rehabilita- uty Chief, Administrative Law Division, Cen- tion Facility Prospective Payment System EC–9253. A communication from the Para- tral Intelligence Agency, transmitting, pur- legal Specialist, Federal Aviation Adminis- (CMS–1360–N)’’ (RIN0938–AM82) received on suant to law, the report of a vacancy, des- September 6, 2004; to the Committee on tration, Department of Transportation, ignation of acting officer, and nomination transmitting, pursuant to law, the report of Health, Education, Labor, and Pensions. for the position of Director of Central Intel- EC–9233. A communication from the Direc- a rule entitled ‘‘Modification of Class E Air- ligence, Central Intelligence Agency, re- space; Wahoo, NE Doc. No. 04–ACE–37’’ tor, Regulations and Policy Management ceived on August 26, 2004; to the Select Com- Staff, Food and Drug Administration, trans- (RIN2120–AA66) received on September 13, mittee on Intelligence. 2004; to the Committee on Commerce, mitting, pursuant to law, the report of a rule EC–9243. A communication from the Sec- entitled ‘‘Civil Money Penalties Hearings; Science, and Transportation. retary, Judicial Conference of the United EC–9254. A communication from the Para- Maximum Penalty Amounts and Compliance States, transmitting, pursuant to law, a leg- legal Specialist, Federal Aviation Adminis- With the Federal Civil Penalties Inflation islative proposal to include a federal public tration, Department of Transportation, Adjustment Act’’ (Doc. No. 2003N–0308) re- defender designated by the Judicial Con- transmitting, pursuant to law, the report of ceived on September 6, 2004; to the Com- ference as an ex officio, nonvoting member a rule entitled ‘‘Modification of Class E Air- mittee on Health, Education, Labor, and of the United States Sentencing Commis- space; Scottsbluff, NE Doc. No. 04–ACE–28’’ Pensions. sion; to the Committee on the Judiciary. EC–9234. A communication from the Direc- (RIN2120–AA66) received on September 13, EC–9244. A communication from the Assist- 2004; to the Committee on Commerce, tor, Regulations and Policy Management ant Chief, Alcohol and Tobacco Tax and Science, and Transportation. Staff, Food and Drug Administration, trans- Trade Bureau, Treasury Department, trans- EC–9255. A communication from the Para- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule legal Specialist, Federal Aviation Adminis- entitled ‘‘General and Plastic Surgery De- entitled ‘‘Importation of Tobacco Products tration, Department of Transportation, vices; Classification of Silicone Sheeting’’ and Cigarette Papers and Tubes; Recodifica- transmitting, pursuant to law, the report of (Doc. No. 2002N–0500) received on September tion of Regulations: Administrative Changes a rule entitled ‘‘Modification of Class E Air- 6, 2004; to the Committee on Health, Edu- Due to the Homeland Security Act of 2002’’ space; Chardon, NE Doc. No. 04–ACE–41’’ cation, Labor, and Pensions. (RIN2120–AA66) received on September 13, EC–9235. A communication from the Sec- (RIN1513–AA20) received on September 6, 2004; to the Committee on the Judiciary. 2004; to the Committee on Commerce, retary of Health and Human Services, trans- Science, and Transportation. mitting, pursuant to law, a report entitled EC–9245. A communication from the Assist- ant Secretary for Legislative Affairs, De- EC–9256. A communication from the Para- ‘‘Comprehensive Community Mental Health legal Specialist, Federal Aviation Adminis- Services for Children and Their Families partment of State, transmitting, pursuant to law, a report relative to the October 15, 2003 tration, Department of Transportation, Program’’; to the Committee on Health, Edu- transmitting, pursuant to law, the report of cation, Labor, and Pensions. attack on an official American Embassy Tel Aviv motorcade; to the Committee on For- a rule entitled ‘‘Modification of Class E Air- EC–9236. A communication from the Regu- space; Broken Bow, NE Doc. No. 04–ACE–39’’ lations Coordinator, Centers for Medicaid eign Relations. EC–9246. A communication from the Assist- (RIN2120–AA66) received on September 13, and Medicare Services, Department of 2004; to the Committee on Commerce, Health and Human Services, transmitting, ant Secretary for Legislative Affairs, De- partment of State, transmitting, pursuant to Science, and Transportation. pursuant to law, the report of a rule entitled EC–9257. A communication from the Para- law, a report relative to Russian prolifera- ‘‘Inpatient Hospital Deductible and Hospital legal Specialist, Federal Aviation Adminis- and Extended Care Services Coinsurance tion to countries of proliferation concern for tration, Department of Transportation, Amounts for 2005’’ (RIN0938–AN16) received calendar 2002; to the Committee on Foreign transmitting, pursuant to law, the report of on September 9, 2004; to the Committee on Relations. a rule entitled ‘‘Modification of Class E Air- Health, Education, Labor, and Pensions. EC–9247. A communication from the Assist- space; North Platte, NE Doc. No. 04–ACE–35’’ EC–9237. A communication from the Regu- ant Secretary for Legislative Affairs, De- (RIN2120–AA66) received on September 13, lations Coordinator, Centers for Medicaid partment of State, transmitting, pursuant to 2004; to the Committee on Commerce, and Medicare Services, Department of law, a report relative to U.S. military per- Science, and Transportation. Health and Human Services, transmitting, sonnel and U.S. individual civilians retained EC–9258. A communication from the Para- pursuant to law, the report of a rule entitled as contractors involved in the anti-narcotics legal Specialist, Federal Aviation Adminis- ‘‘Part A Premium for 2005 for the Uninsured, campaign in Colombia; to the Committee on tration, Department of Transportation, Aged, and for Certain Disabled Individuals Foreign Relations. transmitting, pursuant to law, the report of Who Have Exhausted Other Entitlement’’ EC–9248. A communication from the Assist- a rule entitled ‘‘Modification of Class E Air- (RIN0938–AN15) received on September 9, ant Secretary for Legislative Affairs, De- space; Ogallala, NE Doc. No. 04–ACE–36’’ 2004; to the Committee on Health, Education, partment of State, transmitting, pursuant to (RIN2120–AA66) received on September 13, Labor, and Pensions. law, a report relative to defense articles and 2004; to the Committee on Commerce, EC–9238. A communication from the Direc- services that were licensed for export during Science, and Transportation. tor, Regulations Policy and Management Fiscal Year 2002; to the Committee on For- EC–9259. A communication from the Para- Staff, Food and Drug Administration, trans- eign Relations. legal Specialist, Federal Aviation Adminis- mitting, pursuant to law, the report of a rule EC–9249. A communication from the Assist- tration, transmitting, pursuant to law, the entitled ‘‘Civil Money Penalties Hearings; ant Secretary for Legislative Affairs, De- report of a rule entitled ‘‘Airworthiness Di- Maximum Penalty Amounts and Compliance partment of State, transmitting, pursuant to rectives: General Electric Company (GE); With the Federal Civil Penalties Inflation law, a report entitled ‘‘Report to Congress on CT72D1 Turboshaft Engines Doc. No. 2004– Adjustment Act Correction’’ (Doc. No. 2003N– Arms Control, Nonproliferation, and Disar- NE–24’’ (RIN2120–AA64) received on Sep- 0308) received on September 9, 2004; to the mament Studies Completed in 2003’’; to the tember 13, 2004; to the Committee on Com- Committee on Health, Education, Labor, and Committee on Foreign Relations. merce, Science, and Transportation. Pensions. EC–9250. A communication from the Para- EC–9260. A communication from the Para- EC–9239. A communication from the Assist- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ant Secretary, Bureau of Indian Affairs, De- tration, Department of Transportation, tration, transmitting, pursuant to law, the

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.033 S15PT1 S9286 CONGRESSIONAL RECORD — SENATE September 15, 2004 report of a rule entitled ‘‘Airworthiness Di- port Category Airplanes Equipped with tration, transmitting, pursuant to law, the rectives: Boeing Model 747 Airplanes Doc. TCAS II Changes 7 Computers (ACAS II)’’ report of a rule entitled ‘‘Airworthiness Di- No. 2003–NM–107’’ (RIN2120–AA64) received on (RIN2120–AA64) received on September 13, rectives: McDonnell Douglas Model DC–9–81 September 13, 2004; to the Committee on 2004; to the Committee on Commerce, (MD–81), DC 9–82 (MD–82), DC–9–83 (MD–83) Commerce, Science, and Transportation. Science, and Transportation. and DC–9–87 (MD–87) Airplanes Model and EC–9261. A communication from the Para- EC–9270. A communication from the Para- MD–90–30 Airplanes Doc. No. 2003–NM–122’’ legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- (RIN2120–AA64) received on September 13, tration, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the 2004; to the Committee on Commerce, report of a rule entitled ‘‘Airworthiness Di- report of a rule entitled ‘‘Airworthiness Di- Science, and Transportation. rectives: Boeing Model 757 and 767 Airplanes rectives: Short Brothers Model SD3 Series EC–9280. A communication from the Attor- Doc. No. 2003–NM–83’’ (RIN2120–AA64) re- Airplanes Doc. No. 2002–NM–209’’ (RIN2120– ney, National Highway Traffic Safety Ad- ceived on September 13, 2004; to the Com- AA64) received on September 13, 2004; to the ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and transmitting, pursuant to law, the report of tation. Transportation. a rule entitled ‘‘Importation of Noncon- EC–9262. A communication from the Para- EC–9271. A communication from the Para- forming Vehicles by Registered Importers’’ legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- (RIN2127–AH67) received on September 13, tration, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the 2004; to the Committee on Commerce, report of a rule entitled ‘‘Airworthiness Di- report of a rule entitled ‘‘Airworthiness Di- Science, and Transportation. rectives: Boeing Model 767–200 and 300 Air- rectives: Short Brothers SD3 Airplanes Doc. EC–9281. A communication from the Attor- planes Equipped with Off-wing Escape Slides; No. 2003–NM–178’’ (RIN2120–AA64) received on ney Advisor, Wireless Telecommunications Doc. No. 2002–NM–151’’ (RIN2120–AA64) re- September 13, 2004; to the Committee on Bureau, Federal Communications Commis- ceived on September 13, 2004; to the Com- Commerce, Science, and Transportation. sion, transmitting, pursuant to law, the re- EC–9272. A communication from the Para- mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Improving Public legal Specialist, Federal Aviation Adminis- tation. Safety Communications in the 800 MHz tration, transmitting, pursuant to law, the EC–9263. A communication from the Para- Band’’ (FCC04–168) received on September 13, report of a rule entitled ‘‘Airworthiness Di- legal Specialist, Federal Aviation Adminis- 2004; to the Committee on Commerce, rectives: General Electric Company CF34– tration, transmitting, pursuant to law, the Science, and Transportation. report of a rule entitled ‘‘Airworthiness Di- 34A1 and 3B1 Series Turbofan Engines Doc. f rectives: Bombardier Model DHC–8–400, 401, No. 2004–NE–26’’ (RIN2120–AA64) received on and 402 Airplanes Doc. No. 2002–NM–132’’ September 13, 2004; to the Committee on REPORTS OF COMMITTEES (RIN2120–AA64) received on September 13, Commerce, Science, and Transportation. EC–9273. A communication from the Para- The following reports of committees 2004; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- Science, and Transportation. were submitted: EC–9264. A communication from the Para- tration, transmitting, pursuant to law, the By Mr. SHELBY, from the Committee on legal Specialist, Federal Aviation Adminis- report of a rule entitled ‘‘Airworthiness Di- Appropriations, without amendment: tration, transmitting, pursuant to law, the rectives: Eurocopter France Model EC155B S. 2806. An original bill making appropria- and B1 Helicopters; Doc. No. 2003–SW–40’’ report of a rule entitled ‘‘Airworthiness Di- tions for the Departments of Transportation (RIN2120–AA64) received on September 13, rectives: Augusta SpA Model A109K2 Heli- and Treasury, the Executive Office of the 2004; to the Committee on Commerce, copters; Doc. No. 2004–SW–14’’ (RIN2120– President, and certain independent agencies Science, and Transportation. for the fiscal year ending September 30, 2005, AA64) received on September 13, 2004; to the EC–9274. A communication from the Para- Committee on Commerce, Science, and and for other purposes (Rept. No. 108–342). legal Specialist, Federal Aviation Adminis- By Mr. CAMPBELL, from the Committee Transportation. tration, transmitting, pursuant to law, the EC–9265. A communication from the Para- on Indian Affairs, without amendment: report of a rule entitled ‘‘Airworthiness Di- legal Specialist, Federal Aviation Adminis- H.R. 2912. A bill to reaffirm the inherent rectives: Airbus Model A319–131, 132, and 133; tration, transmitting, pursuant to law, the sovereign rights of the Osage Tribe to deter- A320–231, 232, and 233 and A321–131 and 231 mine its membership and form of govern- report of a rule entitled ‘‘Airworthiness Di- Airplanes Doc. No. 2004–NM–56’’ (RIN2120– rectives: BAE Systems Operations Limited ment (Rept. No. 108–343). AA64) received on September 13, 2004; to the By Mr. GREGG, from the Committee on Avro 146–RJ Airplanes Doc. No. 2003–NM–92’’ Committee on Commerce, Science, and (RIN2120–AA64) received on September 13, Appropriations, without amendment: Transportation. S. 2809. An original bill making appropria- 2004; to the Committee on Commerce, EC–9275. A communication from the Para- tions for the Departments of Commerce, Jus- Science, and Transportation. legal Specialist, Federal Aviation Adminis- tice, and State, the Judiciary, and related EC–9266. A communication from the Para- tration, transmitting, pursuant to law, the agencies for the fiscal year ending Sep- legal Specialist, Federal Aviation Adminis- report of a rule entitled ‘‘Airworthiness Di- tember 30, 2005, and for other purposes (Rept. tration, transmitting, pursuant to law, the rectives: Sikorsky Aircraft Corporation No. 108–344). report of a rule entitled ‘‘Airworthiness Di- Model S–61L, S–61N, S–61NM, and S–61R Heli- By Mr. SPECTER, from the Committee on rectives: Boeing Model 747 Series Airplanes copters Doc. No. 2003–SW–35’’ (RIN2120–AA64) Appropriations, without amendment: Doc. No. 2000–NM–419’’ (RIN2120–AA64) re- received on September 13, 2004; to the Com- S. 2810. An original bill making appropria- ceived on September 13, 2004; to the Com- mittee on Commerce, Science, and Transpor- tions for the Departments of Labor, Health, mittee on Commerce, Science, and Transpor- tation. tation. EC–9276. A communication from the Para- and Human Services, and Education, and re- EC–9267. A communication from the Para- legal Specialist, Federal Aviation Adminis- lated agencies for the fiscal year ending Sep- legal Specialist, Federal Aviation Adminis- tration, transmitting, pursuant to law, the tember 30, 2005, and for other purposes (Rept. tration, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Di- No. 108–345). report of a rule entitled ‘‘Airworthiness Di- rectives: BAE Systems Limited Model BAE f rectives: Gulfstream Aerospace LP Model 146 and Avro 146–RJ Series Airplanes Doc. Galaxy and Model Gulfstream 200 Airplanes No. 2003–NM–172’’ (RIN2120–AA64) received on INTRODUCTION OF BILLS AND Doc. No. 2002–NM–325’’ (RIN2120–AA64) re- September 13, 2004; to the Committee on JOINT RESOLUTIONS ceived on September 13, 2004; to the Com- Commerce, Science, and Transportation. The following bills and joint resolu- mittee on Commerce, Science, and Transpor- EC–9277. A communication from the Para- tions were introduced, read the first tation. legal Specialist, Federal Aviation Adminis- and second times by unanimous con- EC–9268. A communication from the Para- tration, transmitting, pursuant to law, the legal Specialist, Federal Aviation Adminis- report of a rule entitled ‘‘Airworthiness Di- sent, and referred as indicated: tration, transmitting, pursuant to law, the rectives: Airbus Model A330, A340–200, and By Ms. CANTWELL: report of a rule entitled ‘‘Airworthiness Di- A340–300 Series Airplanes Doc. No. 2004–NM– S. 2805. A bill to extend the authorization rectives: MD Helicopters Inc. Model MD900 83’’ (RIN2120–AA64) received on September for the Secretary of the Interior to release Helicopters Doc. No. 2004–SW–10’’ (RIN2120– 13, 2004; to the Committee on Commerce, certain conditions contained in a patent con- AA64) received on September 13, 2004; to the Science, and Transportation. cerning certain land conveyed by the United Committee on Commerce, Science, and EC–9278. A communication from the Para- States to Eastern Washington University; to Transportation. legal Specialist, Federal Aviation Adminis- the Committee on Energy and Natural Re- EC–9269. A communication from the Para- tration, transmitting, pursuant to law, the sources. legal Specialist, Federal Aviation Adminis- report of a rule entitled ‘‘Airworthiness Di- By Mr. SHELBY: tration, transmitting, pursuant to law, the rectives: Rolls-Royce plc RB211 Turbofan En- S. 2806. An original bill making appropria- report of a rule entitled ‘‘Airworthiness Di- gines Correction Doc. No. 2003–NE–12’’ tions for the Departments of Transportation rectives: Thales Avionics Traffic Advisory/ (RIN2120–AA64) received on September 13, and Treasury, the Executive Office of the Resolution Advisory (TA/RA) Vertical Speed 2004; to the Committee on Commerce, President, and certain independent agencies Indicator-Traffic Alert and Collision Avoid- Science, and Transportation. for the fiscal year ending September 30, 2005, ance System (VSI–TCAS) Indicators In- EC–9279. A communication from the Para- and for other purposes; from the Committee stalled on but not Limited to Certain Trans- legal Specialist, Federal Aviation Adminis- on Appropriations; placed on the calendar.

VerDate Aug 04 2004 03:46 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.035 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9287 By Mr. CRAPO (for himself, Mr. FEIN- to conduct activities in Afghanistan and Iraq AKAKA) was added as a cosponsor of S. GOLD, Mrs. MURRAY, Mr. SMITH, Ms. and to fight the war on terrorism; to the 2488, a bill to establish a program with- COLLINS, Mr. CRAIG, Mr. BURNS, and Committee on Rules and Administration. in the National Oceanic and Atmos- Ms. CANTWELL): By Mr. FRIST (for himself, Mr. pheric Administration and the United S. 2807. A bill to amend the Internal Rev- DASCHLE, Mr. DEWINE, and Mr. NEL- enue Code of 1986 to exempt containers used SON of Nebraska): States Coast Guard to help identify, as- primarily in potato farming from the excise S. Con. Res. 137. A concurrent resolution sess, reduce, and prevent marine debris tax on heavy trucks and trailers; to the calling for the suspension of Sudan’s mem- and its adverse impacts on the marine Committee on Finance. bership on the United Nations Commission environment and navigation safety, in By Mr. BYRD: on Human Rights; considered and agreed to. coordination with non-Federal entities, S. 2808. A bill to amend title 5, United f and for other purposes. States Code, to make the date of the signing S. 2493 of the United States Constitution a legal ADDITIONAL COSPONSORS At the request of Mr. GREGG, the public holiday, and for other purposes; to the S. 1482 Committee on the Judiciary. name of the Senator from Alaska (Ms. At the request of Mr. INOUYE, the By Mr. GREGG: MURKOWSKI) was added as a cosponsor S. 2809. An original bill making appropria- name of the Senator from Nevada (Mr. of S. 2493, a bill to amend the Federal tions for the Departments of Commerce, Jus- ENSIGN) was added as a cosponsor of S. Food, Drug, and Cosmetic Act to pro- tice, and State, the Judiciary, and related 1482 , a bill to amend the Internal Rev- tect the public health from the unsafe agencies for the fiscal year ending Sep- enue Code of 1986 to repeal the reduc- importation of prescription drugs and tember 30, 2005, and for other purposes; from tion in the deductible portion of ex- from counterfeit prescription drugs, the Committee on Appropriations; placed on penses for business meals and enter- and for other purposes. the calendar. tainment. By Mr. SPECTER: S. 2568 S. 1510 S. 2810. An original bill making appropria- At the request of Mr. BIDEN, the tions for the Departments of Labor, Health, At the request of Mr. LEAHY, the name of the Senator from Louisiana and Human Services, and Education, and re- name of the Senator from Oregon (Mr. (Mr. BREAUX) was added as a cosponsor lated agencies for the fiscal year ending Sep- WYDEN) was added as a cosponsor of S. of S. 2568, a bill to require the Sec- tember 30, 2005 , and for other purposes; from 1510, a bill to amend the Immigration retary of the Treasury to mint coins in the Committee on Appropriations; placed on and Nationality Act to provide a mech- commemoration of the tercentenary of the calendar. anism for United States citizens and the birth of Benjamin Franklin, and for By Mr. SPECTER: lawful permanent residents to sponsor S. 2811. A bill to establish the Department other purposes. of Intelligence, to modify and enhance au- their permanent partners for residence S. 2661 thorities and responsibilities relating to the in the United States, and for other pur- At the request of Mr. GRASSLEY, the administration of intelligence and the intel- poses. name of the Senator from Arizona (Mr. ligence community, and for other purposes; S. 1684 KYL) was added as a cosponsor of S. to the Committee on Governmental Affairs. At the request of Ms. LANDRIEU, the 2661, a bill to clarify the effects of rev- f name of the Senator from Maryland ocation of a visa, and for other pur- (Mr. SARBANES) was added as a cospon- SUBMISSION OF CONCURRENT AND poses. sor of S. 1684, a bill to amend the Pub- SENATE RESOLUTIONS S. 2718 lic Health Service Act and Employee At the request of Mr. DEWINE, the The following concurrent resolutions Retirement Income Security Act of name of the Senator from Nebraska and Senate resolutions were read, and 1974 to require that group and indi- (Mr. HAGEL) was added as a cosponsor referred (or acted upon), as indicated: vidual health insurance coverage and of S. 2718, a bill to provide for programs By Mr. SARBANES (for himself and group health plans provide coverage for and activities with respect to the pre- Ms. MIKULSKI): a minimum hospital stay for vention of underage drinking. S. Res. 426. A resolution commending mastectomies and lymph node dissec- Maryland’s Olympians on their accomplish- S. 2719 tions performed for the treatment of At the request of Mr. ENZI, the names ments at the 2004 Summer Olympic Games in breast cancer. Athens, Greece; considered and agreed to. of the Senator from New Hampshire By Mr. SARBANES (for himself, Ms. S. 1890 (Mr. GREGG) and the Senator from Ala- SNOWE, Mr. LEVIN, Mr. BIDEN, Mr. At the request of Mr. ENZI, the name bama (Mr. SESSIONS) were added as co- BREAUX, Mr. SCHUMER, Mr. WYDEN, of the Senator from Mississippi (Mr. sponsors of S. 2719, a bill to amend the Mr. CORZINE, Mr. LUGAR, Mr. LOTT) was added as a cosponsor of S. Occupational Safety and Health Act of DASCHLE, Mr. ALLEN, Mr. FEINGOLD, 1890, a bill to require the mandatory 1970 to further improve the safety and Mr. KERRY, Mr. SUNUNU, Mr. MILLER, expensing of stock options granted to health of working environments, and Mr. CHAFEE, Mr. VOINOVICH, Mr. DOR- executive officers, and for other pur- GAN, Mr. LAUTENBERG, Mr. KOHL, Mr. for other purposes. GREGG, Mr. DAYTON, Ms. MURKOWSKI , poses. S. 2780 Ms. MIKULSKI, Mrs. MURRAY, Mrs. S. 2447 At the request of Ms. STABENOW, the BOXER, Mrs. CLINTON, Mr. SPECTER, At the request of Mr. LIEBERMAN, the name of the Senator from Maryland Mr. LIEBERMAN, Mr. REED, and Mr. name of the Senator from Arkansas (Ms. MIKULSKI) was added as a cospon- FITZGERALD): (Mr. PRYOR) was added as a cosponsor sor of S. 2780, a bill to amend title S. Res. 427. A resolution congratulating the of S. 2447, a bill to amend the Public citizens of Greece, the members of the Ath- XVIII of the Social Security Act to sta- ens 2004 Organizing Committee for the Olym- Health Service Act to authorize fund- bilize the amount of the medicare part pic and Paralympic Games, the International ing for the establishment of a program B premium. Olympic Committee, the United States on children and the media within the S. 2781 Olympic Committee, the 2004 United States National Institute of Child Health and At the request of Mr. LUGAR, the Olympic Team, athletes from around the Human Development to study the role name of the Senator from Connecticut world, and all the personnel who participated and impact of electronic media in the (Mr. LIEBERMAN) was added as a coin the 2004 Olympic Summer Games in Ath- development of children. sponsor of S. 2781, a bill to express the ens, Greece; to the Committee on Commerce, S. 2461 Science, and Transportation. sense of Congress regarding the con- By Mr. SPECTER (for himself, Mr. At the request of Mr. DEWINE, the flict in Darfur, Sudan, to provide as- SANTORUM, Mr. COCHRAN, and Mr. name of the Senator from Alaska (Ms. sistance for the crisis in Darfur and for HAGEL): MURKOWSKI) was added as a cosponsor comprehensive peace in Sudan, and for S. Res. 428. A resolution reauthorizing the of S. 2461, a bill to protect the public other purposes. John Heinz Senate Fellowship Program; to health by providing the Food and Drug S. 2784 the Committee on Rules and Administration. Administration with certain authority At the request of Mr. BROWNBACK, the By Mr. DURBIN (for himself, Mr. to regulate tobacco products. CRAIG, Mr. AKAKA, and Mr. DAYTON): name of the Senator from Texas (Mr. S. Res. 429. A resolution establishing a spe- S. 2488 CORNYN) was added as a cosponsor of S. cial committee of the Senate to investigate At the request of Mr. INOUYE, the 2784, a bill to promote freedom and de- the awarding and carrying out of contracts name of the Senator from Hawaii (Mr. mocracy in Vietnam.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.032 S15PT1 S9288 CONGRESSIONAL RECORD — SENATE September 15, 2004 S. RES. 311 are consistent with the reorganization with Senators MCCAIN and LIEBERMAN, At the request of Mr. BROWNBACK, the efforts I undertook as chairman of the codifies the 9/11 Commission rec- name of the Senator from Arkansas Senate Intelligence Committee during ommendations on FBI reform. (Mrs. LINCOLN) was added as a cospon- the 104th Congress, my efforts to in- Other important reforms undertaken sor of S. Res. 311, a resolution calling stall a Director of National Intel- by this legislation are also contained on the Government of the Socialist Re- ligence beginning in 1986, and my work in the 9/11 Commission bill. For exam- public of Vietnam to immediately and in 1998–1999 on the Commission to As- ple, consistent with the recent conclu- unconditionally release Father sess the Organization of the Federal sions of the Senate Intelligence Com- Thadeus Nguyen Van Ly, and for other Government to Combat the Prolifera- mittee, the legislation would require purposes. tion of Weapons of Mass Destruction the National Intelligence Council to in- S. RES. 422 (‘‘WMD Commission’’), as well as that corporate alternative views held by At the request of Mr. FEINGOLD, his of no fewer than 15 independent com- elements of the intelligence commu- name was added as a cosponsor of S. missions and legislative or executive nity into National Intelligence Esti- Res. 422, a resolution expressing the branch attempts at restructuring the mates (NIE), and be certified as ap- sense of the Senate that the President intelligence community, beginning in proved for publication by the Director should designate the week beginning 1955 with the Second Hoover Commis- of Intelligence and the Chair of the Na- September 12, 2004, as ‘‘National His- sion. tional Intelligence Council. torically Black Colleges and Univer- It is imperative that we immediately The Director and Department of In- sities Week’’. put into place a national security telligence that I recommend fully inte- f structure that is competent to con- grate the 9/11 Commission and Presi- dent’s important tenets of central di- STATEMENTS ON INTRODUCED front this enemy. While the 9/11 Com- rection, coordination, and control by a BILLS AND JOINT RESOLUTIONS mission and recent Executive orders provide helpful guidance, much discre- high-ranking intelligence official and By Mr. SPECTER: tion is left to Congress in determining would bring crucial expertise and im- S. 2811. A bill to establish the Depart- the scope and nature of the restruc- mediate direction to the many intel- ment of Intelligence, to modify and en- turing of the intelligence community. ligence challenges we face. Creating a hance authorities and responsibilities Under the legislation I introduce Department of Intelligence, run by a relating to the administration of intel- today, budgetary authority will be a Director empowered with full budget ligence and the intelligence commu- principal means for the new Director of execution and clear line authority over nity, and for other purposes; to the Intelligence to maintain supervision national intelligence, but without a Committee on Governmental Affairs. large new bureaucratic infrastructure, Mr. SPECTER. Mr. President, I have and control of the intelligence community. For example, the Director would is a proposal which best meets the need sought recognition to introduce the In- of the intelligence community. telligence Reformation Act of 2004, also have the National Foreign Intelligence f known as the ‘‘9/11 Act.’’ This bill cre- Program appropriation go directly to ates clear, unambiguous lines of au- him, and that appropriation would re- SUBMITTED RESOLUTIONS thority in the intelligence community, main under his jurisdiction through which assures both accountability and the budget execution process. sufficient command authority for a Further, enhanced tasking authority SENATE RESOLUTION 426—COM- new Department and Director of Intel- would facilitate coordinated intel- MENDING MARYLAND’S OLYM- ligence to manage and coordinate the ligence collection and analysis and PIANS ON THEIR ACCOMPLISH- intelligence community, break down overcome the ‘‘culture of conceal- MENTS AT THE 2004 SUMMER existing stovepipes, demand account- ment’’ that exists among intelligence OLYMPIC GAMES IN ATHENS, ability among the agencies, set re- entities. GREECE quirements, and use new directive au- And clear lines of authority, includ- Mr. SARBANES (for himself and Ms. ing the ability of the Director to hire thority to quickly task collection and MIKULSKI) submitted the following res- analysis while moving personnel and and fire intelligence community per- olution; which was considered and resources to respond to new and emerg- sonnel, will in turn avoid the uncer- agreed to: tainty of ‘‘serving two masters.’’ Clear ing situations. S. RES. 426 lines of authority means that intel- The unanimous recommendations Whereas the 2004 Summer Olympic Games, which accompany the Report of the Na- ligence community personnel will not which recently concluded in Athens, Greece, tional Commission on Terrorist At- suffer from the disorder and paralysis was a resounding success; tacks Against the United States (‘‘9/11 that epitomized the community prior Whereas the athletes of the United States Commission’’), and the Executive or- to 9/11, and which continues today. who participated in the 2004 Summer Olym- ders issued on August 27, 2004, relating This legislation differs from the 9/11 pic Games reflected the ideals of the Olym- to information sharing, intelligence Commission recommendations on re- pic movement by exhibiting determination, honor, sportsmanship, and excellence community management, and the Na- structuring the intelligence community in two main respects: the institu- throughout the competitions; tional Counterterrorism Center, are in- Whereas Maryland’s athletes played a tended to address systematic, long- tion of a ten-year term for the Director prominent role in the 2004 Summer Olympic term problems with the U.S. Intel- of Intelligence in order to remove him Games and represented the talent and diver- ligence Community that have been from political influence, and the direct sity of the athletes of the United States; highlighted by the various investiga- control and supervision by the Director Whereas markswoman Libby Callahan of tions into the 9/11 tragedy, including of the major national intelligence com- Upper Marlboro, through her wisdom and ex- the findings of the Senate Intelligence munity entities, rather than the un- perience, and swimmer Katie Hoff of Committee on Iraq Pre-War Intel- tested ‘‘dual hatting’’ approach favored Abingdon, through her youthful exuberance, both displayed the spirit of Olympic com- ligence, and the congressional Joint In- by the 9/11 Commission. I also believe that any legislation petition; quiry recommendations issued in 2002. Whereas Liz Filter, from Stevensonville, Our country has during the last decade must address the FBI failures that pre- and Nancy Haberland, who coaches the Naval suffered through an escalating cycle of ceded 9/11. By placing the certain FBI Academy sailing team, both displayed the intelligence failures while witnessing functions under the direction of the Olympic spirit in their decisions to partici- the onset of new global threats—most new Director of Intelligence, FBI pate in the sailing competitions in the face notably terrorism and proliferation of missteps in communication, intel- of challenging life circumstances; weapons of mass destruction. The ex- ligence gathering and analysis that Whereas Jun Gao of Gaithersburg shone isting intelligence community struc- contributed to failures in anticipating with Olympic spirit when, on day 4 of the the 9/11 attack and in intercepting the table tennis competition, as the only re- ture is disorganized and dysfunctional, maining member of the United States table and thus incapable of effectively re- hijackers can be averted in the future, tennis team left in competition, she shoul- sponding to these threats. while adding necessary safeguards to dered the hopes of her teammates; The restructuring recommendations protect privacy and civil liberties. And Whereas paddlers Joe Jacobi and Scott of the President and 9/11 Commission this bill, like the bill I have introduced Parsons, both from Bethesda, reflected the

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.038 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9289 Olympic spirit by focusing on the experience the following resolution; which was re- Mr. SARBANES. Mr. President, the and joy of their performances and the oppor- ferred to the Committee on Commerce, 2004 Summer Olympic Games in Ath- tunity to compete on the world stage; Science, and Transportation: ens, which took place between August Whereas Baltimore’s Carmelo Anthony dis- 13–29, have added a vivid and memo- played the Olympic spirit in his refusal to Whereas Greece—birthplace of the Olym- quit after the men’s basketball team suffered pics—was selected on September 5, 1997, as rable chapter to the Olympic tradition, a series of difficult and surprising losses; the host of the 2004 Olympic Summer Games; which first took shape in Greece nearly Whereas gymnast Courtney Kupets of Gai- Whereas from August 13 to August 29, 2004, three millennia ago, and which in its thersburg and Judo competitor Rhadi Fer- the Olympic Summer Games returned to modern form dates back to 1896. The guson of Columbia demonstrated enormous Greece, more than 100 years after Athens Athens 2004 Organizing Committee, the bravery by overcoming serious injuries to staged the first modern Olympics in 1896 and nearly 3 millennia after Greece staged the U.S. Olympic Committee, the Inter- make the United States team and compete national Olympic Committee and doz- for their country and, in the case of Ms. first Olympics in 776 B.C.; Whereas the people of Greece opened their ens of other organizations, the U.S. Kupets, to medal in 2 events; Olympic Team and thousands of ath- Whereas Towson swimmer Michael Phelps, hearts to the athletes who came together who won 6 gold and 2 bronze medals, showed from all over the world and took part in the letes from all over the world, the un- that the team is more important than indi- 2004 Olympic Summer Games in the best wavering determination to meet un- vidual accomplishment when he yielded his spirit of good sportsmanship; precedented challenges and the good spot on the 4 x 100 medley relay squad and an Whereas the President and Managing Di- will and hard work of the people of opportunity for further glory to allow team- rector of the Athens 2004 Organizing Com- Greece all contributed to assuring the mittee for the Olympic and Paralympic mate Ian Crocker to compete and be part of success of the Games. In tribute to a winning effort in the finals; Games and their associates, the Mayor of Athens, and the Government of Greece—par- their magnificent achievement, today I Whereas Tiombe Hurd of Upper Marlboro, am joined by a number of my col- who is legally blind, showed tremendous ticularly the officials from the Ministry of heart and courage by overcoming her vision Culture in collaboration with the Ministry of leagues in introducing a resolution to impairment to finish 22nd in a crowded triple Public Works—did an outstanding job in express our gratitude and congratula- jump field; staging a great Olympic Summer Games in a tions. Whereas Bernard Williams, who brought manner that embodied the legacy, ideals, Greece took on a daunting challenge home a silver in the 200 meter sprint, and and values that Hellenic culture has given when, in 1997, the nation was des- James Carter, who finished fourth in the 400 the world; ignated by the International Olympic Whereas the Government of Greece, en- meter hurdles, did their Baltimore alma Committee to serve as host to the 2004 maters, Carver Vocational-Technical High trusted with the responsibility of protecting the athletes, coaches, judges, and spectators Summer Games. With the exception of School and Mergenthaler Vocational-Tech- Finland, where the 1952 Games took nical High School, proud by showing enor- of the 2004 Olympic Summer Games, rose to mous poise and grit in the face of stiff com- the challenges to provide a safe Olympic place, in terms of population Greece is petition; Summer Games; the smallest Olympic host ever. To pre- Whereas the people of Maryland take great Whereas 10,500 athletes and 5,500 team offi- pare for the return of the Games to pride in these athletes and the communities cials from a record 201 National Olympic Athens, where the first modern Olym- that helped to nurture and support them Committees prepared for and competed in pics were held in 1896, the whole nation the Olympic Summer Games with un- through their years of training, and cele- came together in a great common ef- brate their successes and achievements; and matched dedication, and inspired the world with their spirit of peaceful competition; fort. The President and Managing Di- Whereas the people of Maryland send their rector of the Athens 2004 Organizing best wishes for success to Maryland’s 6 Whereas over 5,000 athletes from 140 na- Paralympic athletes—Antoinette Davis, Jes- tions will compete in the 2004 Paralympic Committee for the Olympic and sica Long, Joseph Aukward, Larry Hughes, Summer Games in Athens, Greece, rep- Paralympic Games and their associates Tatyana McFadden, and Susan Katz—as they resenting the broadest country participation worked closely with the Mayor of Ath- head to Athens for the Paralympic Games, in Paralympic history and reminding the ens, the Ministries of Public Works and which are set to begin on September 17, 2004: world that physical challenges are no limit Culture and other government agencies Now, therefore, be it to human achievement; Whereas the Olympic venues constructed to assure a setting and facilities Resolved, That the Senate commends the uniquely appropriate to the great athletes of Maryland for the grace, sports- by Greece have been hailed as world class manship, and determination they exhibited and have set a new standard of modernity for events. The people of Greece, in Athens throughout the 2004 Summer Olympic Games all future Olympic Games; and also in communities around the and for the accomplishments that flowed Whereas the 531 members of the United Nation, gave their full support to the from maintaining that Olympic spirit on and States Olympic Team added substantially to preparatory efforts and opened their off the field of competition. the great legacy of sportsmanship and hearts to the athletes. athleticism that has characterized the his- The events of September 11, 2001 SENATE RESOLUTION 427—CON- tory of United States Olympic competition; raised the challenge of preparing for Whereas the security personnel at the 2004 GRATULATING THE CITIZENS OF Olympic Summer Games all worked to en- the Olympic Games to unprecedented GREECE, THE MEMBERS OF THE sure that the 2004 Olympic Summer Games heights, for they fundamentally ATHENS 2004 ORGANIZING COM- were safe and secure for athletes and spec- changed the security and logistical MITTEE FOR THE OLYMPIC AND tators alike; context for all major international PARALYMPIC GAMES, THE Whereas over 5,000 individuals of Greece events—and indeed, as we know from INTERNATIONAL OLYMPIC COM- and other citizens from around the world our recent political conventions, for all MITTEE, THE UNITED STATES volunteered their time and talents to show large gatherings. As the Athens Games OLYMPIC COMMITTEE, THE 2004 the world the best that Greece has to offer; were the first summer Games to occur and UNITED STATES OLYMPIC TEAM, Whereas the 2004 Olympic Summer Games after 9/11, Greece had neither prece- ATHLETES FROM AROUND THE accomplished the principles set forth by the dents nor guidelines upon which to rely WORLD, AND ALL THE PER- Olympic movement, including the aim to in planning for the security of some SONNEL WHO PARTICIPATED IN ‘‘encourage the Olympic spirit of peace and 10,500 Olympic athletes, 5,500 team offi- THE 2004 OLYMPIC SUMMER harmony, which brings the people from cials and literally millions of visitors. GAMES IN ATHENS, GREECE across the world together around Olympic The challenges were all the more for- sport’’: Now, therefore, be it midable because many of the events, Mr. SARBANES (for himself, Ms. Resolved, That the Senate extends its SNOWE, Mr. LEVIN, Mr. BIDEN, Mr. heartiest congratulations for a job well done including soccer and shot put, were BREAUX, Mr. SCHUMER, Mr. WYDEN, Mr. to the citizens of Greece, the members of the held in places as distant from Athens CORZINE, Mr. LUGAR, Mr. DASCHLE, Mr. Athens 2004 Organizing Committee for the as Thessaloniki and ancient Olympia. ALLEN, Mr. FEINGOLD, Mr. KERRY, Mr. Olympic and Paralympic Games, the Inter- Greece undertook to do everything SUNUNU, Mr. MILLER, Mr. CHAFEE, Mr. national Olympic Committee, the United ‘‘humanly possible’’ to ensure the safe- States Olympic Committee, the members, VOINOVICH, Mr. DORGAN, Mr. LAUTEN- ty and success of the Games. The Ath- coaches, and officials of the 2004 United ens 2004 Organizing Committee carried BERG, Mr. KOHL, Mr. GREGG, Mr. DAY- States Olympic Team, athletes from around TON, Ms. MURKOWSKI, Ms. MIKULSKI, the world, and the security personnel and out a careful study and analysis of the Mrs. MURRAY, Mrs. BOXER, Mrs. CLIN- volunteers who ensured that the 2004 Olym- security arrangements for the some- TON, Mr. SPECTER, Mr. LIEBERMAN, Mr. pic Summer Games in Athens was a great what smaller Winter Games that had REED, and Mr. FITZGERALD) submitted success. taken place in 2002, in Salt Lake City.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.041 S15PT1 S9290 CONGRESSIONAL RECORD — SENATE September 15, 2004 A specially trained security force of globe in a great common endeavor. Sydney four years ago, Americans were 45,000 men and women was deployed, This is for all of us a both a reminder crowned the all-around men’s and women’s which included military and air force and an inspiration. gymnastics champions, and both teams personnel, coast guards, fire fighters, Mr. President, I ask unanimous con- earned silver medals. But while Carly Patterson is being hailed law enforcement officials and private sent that several articles be printed in as the new Mary Lou Retton, winner of the security contractors. The government the RECORD. previous women’s all-around gold medal in of Greece worked in close collaboration There being no objection, the articles 1984, Paul Hamm is fighting to keep his gold. with the United States, Britain, Israel, were ordered to be printed in the A scoring error allowed Hamm to slip past France, Germany, Australia, and RECORD, as follows: South Korean Yang Tae Young, and team of- Spain, along with NATO, guided by two [From the Baltimore Sun, Aug. 30, 2004] ficials didn’t challenge the result until too late. Hours before the start of the closing principles: every single nation had an GREECE CELEBRATES SUCCESSFUL GAMES ceremony, Yang filed a protest with the interest in having its athletes compete (By Candus Thomson) safely, and all nations working toward Court of Arbitration for Sport, which will ATHENS.—Under the soft light of a full hear the dispute in Lausanne, Switzerland, a common objective—the ultimate suc- moon, the Greeks said goodbye to the sports home of the International Olympic Com- cess of the Games—would provide the spectacle they invented in 776 B.C. and re- mittee. most effective deterrent to a terrorist vived in 1896. Despite the medals harvest, there are omi- act. As a result, while security meas- After 16 days of competition, the 28th Sum- nous signs for other U.S. sports. The men’s ures were comprehensive and complex mer Olympiad ended its run in a ceremony basketball team had to settle for a bronze they were expertly and unobtrusively filled with folk music, dancing and sighs of medal, and the men’s soccer and baseball carried out, in no way detracting from relief. teams didn’t even qualify. The U.S. sailing the spirit of the Games. Athletes and This was the Olympics burdened with the team won just two medals—a gold and a sil- fears of construction delays and terrorism. ver—tying its worst showing in 20 years. visitors alike moved about unimpeded, But the venues were done on time and every- And there are troubling signs for the and competition went forward in the one remained safe. Olympics, which picked up a new nickname: finest Olympic tradition. Gianna Angelopoulos-Daskalaki, the Ath- the Doping Games. Major investments in infrastructure ens 2004 president, drew a roar from the The final tally of athletes stripped of their also contributed significantly to the crowd of 72,000 with her opening remarks. medals or disciplined isn’t known, but is ex- smooth functioning of the Games. Ath- ‘‘I ask our foreign guests: Did you enjoy pected to top two dozen after the IOC ana- ens today is a city transformed. Since yourselves in Greece?’’ she asked. ‘‘We loved lyzes samples. 1997, when the International Olympic having you here. You wave your national The list grew almost daily and included flags. You stood for every anthem. You Committee designated Greece as the the Hungarian gold medalist in discus and danced to our music. We even heard you silver medalist in hammer throw, the Rus- host country for the 2004 Games, trans- speak your first words of Greek. To you, we sian gold medalist in women’s shot put, a portation and telecommunications sys- say, thank you.’’ Belarus high jumper, a Kenyan boxer, two tems have been expanded and modern- Jacques Rogge, president of the Inter- Greek baseball players and two Greek sprint- ized. The investments Greece has made national Olympic Committee, pronounced ers, a Swiss cyclist, a Spanish canoeist and in connection with the Olympics have himself satisfied with the Athens Olympics. an Irish distance runner. created unprecedented opportunities ‘‘Dear Greek friends, you have won,’’ he Nearly one in four athletes was tested, and for the future. The Olympic stadium said to much cheering. Rogge said the IOC will expand its program Earlier, Rogge told reporters he never over the next two Olympics. complex, which includes the aquatic doubted that the organizers would accelerate ‘‘These were the Games where it became and tennis center, as well as the indoor construction and meet their deadline. increasingly difficult to cheat,’’ he said. arena and main stadium, will serve as ‘‘I’m an extremely happy president of the But there were magical moments, too. major training facilities for many IOC,’’ Rogge said. ‘‘I’ve always said I be- Athletes set 15 world records in six sports. years to come. The soccer facilities lieved there was enough time to finish the Windsurfer Gal Fridman won Israel’s first will be highly sought after for inter- preparations in due time. Many did not be- gold medal. national soccer events. Overall, infra- lieve me. I think our friends have delivered U.S. women earned gold in soccer, basket- structure improvements have laid a in Athens in a very splendid way.’’ ball and softball, led by Mia Hamm, Dawn SLOW START, BIG FINISH Staley and Lisa Fernandez, players heading sound foundation for economic growth for retirement. Like the preparations, the Games started and prosperity nationwide. Having met Morocco’s Hicham El Guerrouj won both slowly, with lagging ticket sales and sparse a daunting challenge, Greece is now the 5,000-meter and 1,500-meter races after attendance. Ticket scalpers blamed bad pub- poised to take on new responsibilities failing to earn a gold medal in Atlanta and licity, terrorism and a slow European econ- Sydney. The overjoyed runner, who swept in an expanded European Union, and in omy. the middle-distance races for the first time the broad international community. But the second week came back in 80 years, delighted the crowd by dancing Where the cherished tradition of the gangbusters. to a Greek tune and leaping into the stands Summer Olympics is concerned, Greece ‘‘We knew we would host successful Games to hug his 3-month-old daughter. because the stakes for Greece were huge. has shown what can be accomplished. Kayaker Alexandros Dimitriou, laboring And we knew because of our Olympic herit- The experience in Athens will surely through the whitewater rapids, at any mo- age we would do a good job,’’ said Achilles prove invaluable to China, which fours ment ready to capsize, was lifted by the Paparsenos, the press officer for the Greek years from now will play host to the rhythmic clapping of thousands of spectators Embassy in Washington. ‘‘The results speak to music from Zorba the Greek. He finished Games in Beijing. for themselves. All of the so-called experts 24th out of 25, but the crowd made him a win- As a Marylander, I am especially should apologize to Greece at some point.’’ ner. proud of the signal accomplishments of With a total of 103 medals, the U.S. team Maryland athletes, and I am sure my exceeded the total of 97 four years ago in THE ROAD AHEAD colleagues take similar pride in the Sydney, Australia, and met its goal of 100 As host, Greece will be stuck with the tab. athletes from their respective states. medals. But just 35 medals were gold, fewer The government built more than 120 miles of The performance of the U.S. Olympic than the 40 in Sydney and 44 in Atlanta in highway, a new subway system and an air- Team members in one stirring event 1996. port. The U.S. team also won 39 silver medals Some athletic venues still aren’t finished. after another will long be remembered, and 29 bronze. Russia finished second in total And no one is sure what will become of the as anyone fortunate enough to have medals with 92; China finished third with 63. gyms, ballparks and pools built for 16 days of witnessed the competition firsthand For the first week, these were the Michael competition for an estimated $8.6 billion— will attest. Phelps Olympics. If he were a nation, Phelps $5.5 billion over budget. Above and beyond the excitement would have tied Thailand, Denmark, The Greek government says it may have and the triumphs of the different Kazakhstan and the Czech Republic for 24th no choice but to tax its 11 million citizens to events, however, the Athens Olympics our of 202 nations in total medals. The Balti- pay the Olympic-size bill. gave us something more. The 2004 more County swimmer won eight, equaling But those are worries for another day. Games showed that even in uncertain the record for most at one Olympics with six Near the end of the closing ceremony, the gold and two bronze medals. But he could mayor of Athens, Dora Bakoyannis, pre- and turbulent times, it is possible with not eclipse Mark Spitz’s 1972 record of seven sented Rogge with an Olympic flag that he determination and planning and fore- gold medals. passed to Bejing’s mayor, Wang Qishan. The sight to bring together men and women And there were other notable U.S. accom- 2008 Summer Games will begin there about of good will from every corner of the plishments. After disastrous showings in 1,500 days from now.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.042 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9291 Rogge declared the Games closed, the caul- The United States led the overall medal Europeans as little more than a cheap pack- dron was extinguished and the party began. standings with 103, capped off by an unex- age-tour destination and denigrated by ‘‘I really feel sorry for people who did not pected silver in the last event of the Games, Americans as too small, too poor and too dis- come to Greece because they were dissuaded the men’s marathon. organized to mount a successful Olympics. by the doubting Thomases and Cassandras of American athletes dominated the competi- Not only has Greece put on a surprisingly doom and gloom,’’ said Paparsenos, who at- tion in track and field, women’s team sports laid-back, glitch-free and not overly com- tended the party. ‘‘They missed such a and the swimming pool, where Maryland’s mercialized games, but earlier this month, it unique experience, a celebration of sports 19-year-old Michael Phelps won a record completed construction of an architecturally where the Olympics were born.’’ eight medals. A major disappointment: the stunning suspension bridge that links west- men’s basketball team, which lost three ern Greece with the Peloponnese. The 1.79- [From the Washington Post, Aug. 30, 2004] games and settled for bronze. mile Harilaos Trikoupis Bridge was completed six months ahead of schedule and PROUD COUNTRY SHOWS THE WORLD ‘‘GREAT The biggest controversies were athletic within its $900 million budget. THINGS GREEKS CAN DO’’ ones, thanks to cheaters and judges who shook up several events. On top of that, underdog Greece recently (By Craig Whitlock) At least 22 competitors were flagged for won the European soccer championship—its Under a brilliant full moon and the burn- drug-testing violations, resulting in the rev- first-ever championship in the one sport that ing Olympic flame, the Greeks danced. They ocation of seven medals. Greece in particular truly matters in Europe. clapped, they sang, kicked up their legs and was shamed by the expulsion of two national The cumulative effect of all this is a grow- celebrated an Olympics that at one point was heroes, medal-winning sprinters Kostas ing sense of self-confidence in a country long almost taken away, but in the end left them Kenteris and Katerina Thanou, who were plagued by a low self-esteem and a feeling jumping with national pride. kicked off the team after missing several that ‘‘Europe’’ referred to someplace else. ‘‘People are stopping me in the street and Afer sponsoring more than two weeks of drug tests. congratulating me, but I tell them it’s not competition, and enduring years of ridicule Olympic officials said athletes had gotten me, it’s all of us,’’ said Spyros Capralos, gen- and doubt from the rest of the world about the message that doping would not be toler- eral secretary of the Olympic Games for the whether the Games deserved to return to ated. ‘‘These were the Games where it be- Greek government. ‘‘Greeks will have a new their birthplace, the Greeks danced and came increasingly difficult to cheat and sense of self-respect after this. The whole na- danced in their modern Olympics Stadium. where clean athletes were protected,’’ tion feels it.’’ About 75,000 spectators clapped along as per- Jacques Rogge, president of the Inter- Ted Couloumbis, a historian and political formers served up a giant Greek wedding national Olympic Committee, told the audi- analyst at Athens University, agreed, but feast of a Closing Ceremonies, joyful that so ence. cautioned that it would take some time be- much had gone right during the Games of Earlier, Rogge cheered the Greeks in at- fore popular perceptions catch up with the the XXVIII Olympiad, and that so little had tendance by thanking them for their hospi- reality of a rapidly modernizing Greece. gone wrong. tality. ‘‘Dear Greek friends, you have won,’’ ‘‘Many people here still think we are the Gone were the fears about terrorist at- he said in their native language, before laps- Greece of the past; the poor Greece, the tacks and smoggy traffic jams and unfin- ing into French. ‘‘You have won by bril- backward Greece, the politically unstable ished stadiums. The Athens Olympics had liantly meeting the tough challenge of hold- Greece,’’ he said. ‘‘But the successful deliv- come to an end, and for the most part every- ing the Games.’’ ery of a high-tech, highly complex Olympics thing worked just fine. Four years earlier, the IOC came close to in a post-Sept. 11 climate is going to con- Greece was the smallest nation in 52 years yanking the Olympics away from Athens. tribute tremendously to Greeks’ perception to host the Summer Olympics, determined to Construction projects and other preparations of themselves.’’ had barely progressed since the Games were recast Athens as a modern European city DOUBTERS UNTIL THE LAST MINUTE known for more than its ancient past. In awarded to Greece in 1997. Former IOC presi- With a population of 11 million, Greece is the doing so, the country spent at least $7.2 bil- dent Juan Antonio Samaranch revealed re- smallest country ever to stage the Summer lion on the Games, including $1.5 billion to cently that Olympic overseers were about Games, and doubters were numerous right up provide security—an enormous sum that will three months from making an emergency de- until the opening ceremony. take many years, if not decades, to pay off. cision to move the Games to South Korea. But even if workers were bolting down the Spurred on by the threat, Greek officials But complaints about costs were hard to last seats in the Olympic Aquatic Center just worked feverishly over the next four years to find Sunday night, as Greece proudly handed 20 minutes before the start of the first event off the Olympics flame to a nation 125 times prove that it could get ready on time. The there, the experience of staging such a large its size—China, host of the 2008 Summer challenges were substantial: Athens needed a spectacle has given Greece a wealth of tech- Games—secure that it had proved itself to new international airport, new highways, an nical expertise and a cadre of young profes- the world. expanded subway system and more than a sionals confident in their abilities. ‘‘The Olympics came home and we showed dozen new athletic arenas. ‘‘The human resources, the know-how, the the world the great things Greeks can do,’’ As the deadline neared—the roof on the working methods and organizing methods, Giana Angelopoulos-Daskalaki, president of Olympic stadium slid into place just three the new cooperation between the private sec- the Athens Organizing Committee, told the months ago—there was little time for test- tor and public section—these are the intangi- crowd. ‘‘On this stage, the world discovered a ing. Even Olympic officials wondered if bles that come with the Olympics,’’ said new Greece.’’ things would work when the crowds showed Evangelos Venizelos, and opposition leader ‘‘Hellas! Hellas!’’ the crowd shouted, wav- up. By and large, they did. who is a former minister of culture. ing Greek flags and white hankies. ‘‘At the end of the day, the biggest surprise Economists and other experts point to ex- Organizers flooded the stadium with 250,000 to everybody is that there were no major pected improvements in the service and tour- balloons as thousands of fireworks lit up the issues,’’ Ioannis Spanudakis, managing di- ism sectors, while Greek engineering and sky. Under the dazzling light show, a succes- rector for the Athens 2004 organizing com- construction companies now have the experi- sion of Greek singers and folk musicians mittee, said in an interview. ence to compete for large-scale projects al- kept the audience dancing throughout the Not everything went exactly as organizers most anywhere. hoped. While the Athens committee met its Closing Ceremonies. Toward the end, the SKYROCKETING COSTS attendance projections by selling more than mood became so infectious that small groups The price tag has been high. Because of athletes from Brazil, Britain, France and 3.5 million tickets, many athletes performed in front of sparse crowds. Television ratings Greece fell far behind schedule during the other nations broke away from the security first six years of Olympic construction and cordon in the stadium infield and danced were higher than in Sydney four years earlier, but cameras couldn’t conceal the fact then had to make a man dash to the finish around the track. line over the last year, costs skyrocketed Despite the festive atmosphere, strict secu- that stadiums were often largely empty. The Closing Ceremonies, however, were a from $5.6 billion to more than $8.4 billion, or rity measures remained in place until the more than 5 percent of Greece’s gross domes- end. Several helicopters and a blimp circled sellout. Even after the music died down, many * * *. tic product. the stadium throughout the ceremonies. But even that figure is dwarfed by the $56 Worries about political disruptions also [From the Chicago Tribune, Aug. 23, 2004] billion that the government is spending be- kept U.S. Secretary of State Colin Powell tween 2000 and 2006 on infrastructure over- GREECE STRIKES GOLD WITH MORE THAN JUST from attending; he canceled a planned trip to haul that is expected to transform Greece GAMES Athens after Greek anti-war protesters into a mainstream European player. About angry about his visit clashed with police Fri- (By Tom Hundley) 60 percent of the funding comes from Euro- day in downtown Athens. ATHENS.—It hardly matters that Greek pean Union sources while Greece is handling Unlike the Opening Ceremonies, where fans athletes have won only a handful of medals the rest, mainly in the form of long-term loudly cheered the delegations from Iraq and in their hometown Olympics. As far as most loans and private investment. Afghanistan and gave the silent treatment people here are concerned, Greece already ‘‘The bridge is the most symbolic example to U.S. athletes, politics were not on display has emerged as the big winner of the 2004 of the country’s modernization, but there’s a Sunday night. Athletes from 202 nations en- Games. long list of new infrastructure projects, and tered the stadium at the same time, mixing This summer has marked a turning point not only in Athens but in Thessaloniki and together on the infield. for a country that often was dismissed by Patras and Volos,’’ Venizelos said.

VerDate Aug 04 2004 04:06 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.050 S15PT1 S9292 CONGRESSIONAL RECORD — SENATE September 15, 2004 The new suspension bridge was built by a It’s still debatable how well the doping con- [From The State, Aug. 29, 2004] French-Greek consortium. It crosses the trol works. More than 20 athletes tested AN APOLOGY—AND THANK YOU, BEFORE Gulf of Corinth with five spans that add up positive, more than at any previous Olym- LEAVING to the world’s longest cable-suspended deck. pics. IOC President Jacques Rogge called Physically and psychologically, the bridge each positive test ‘‘a blessing,’’ proving that (By Dave Barry) brings Greece closer to Europe, linking it the system works. But as Balco has taught ATHENS.—I’m leaving the Olympics and with the continent’s main road and rail net- us the invisible, undetectable menace is still heading home, assuming the plane can lift works. there. me. This is a concern because I’ve gained SETTING ASIDE BITTER MEMORIES Doping was at the root of Greece’s most many kilometers of mass from eating Greek All of this is helping shape a new Greek embarrassing moment, when track stars food, especially ‘‘baklava,’’ which is the self-image. Just as the crowd-pleasing Bar- Kostas Kenteris and Ekaterini Thanou with- Greek word for ‘‘carbohydrates.’’ celona Olympics of 1992 formally laid to rest drew after missing a drug test. Another But before I leave I have something to say the gloomy legacy of Gen. Francisco Fran- shameful moment was the Paul Hamm mess. to Greece: co’s 36-year dictatorship and reintroduced A judging mistake was compounded by the Dear Greece, Federation of International Gymnastics’ Spain to Europe, Athens 2004 is helping I owe you an apology. Every negative ham-handed approach, asking Hamm to give Greece set aside lingering memories of a bit- thought I had about you before I got here— back his medal. Hamm was already home. ter civil war, military dictatorships in the every worry, every concern—turned out to be The USOC was furious. And poor South Ko- 1960s and ’70s, and years of tense relations wrong. with neighboring Turkey. rean Yang Tae-young was left a victim of ‘‘We are in the process of becoming a nor- Olympic incompetence. When I got to Greece, I thought you wouldn’t be ready for the Olympics. But you mal European country that want to be in the Before every Olympics, the cynics say the were—more ready than my country was in core of Europe,’’ said Couloumbis, the histo- Games are dying, pierced through the heart 1996 when the Olympics came to Atlanta. rian. ‘‘If there is a Europe of concentric cir- with a syringe, strangled by corporate greed Your facilities were finished, or at least fin- cles, Greeks want to be in the center.’’ and political motivation. When the Olympic caravan folds its tent ished enough; the buses ran on time; the But the 2004 Olympics drew huge television Sunday and begins the long trek to Beijing, phones worked; and an army of ever-cheerful ratings. NBC recorded the highest ratings for the next venue for the games, Athens inevi- volunteers stood by to deal with what few a Summer Olympics held outside the United tably will suffer from a case of post-Olympic glitches there were. The Games went beau- States. For the public, scandals seemed to blues. tifully. I still don’t understand rhythmic only add to the Games’ intrigue and soap ‘‘People will ask if the huge investment gymnastics, but that’s not our fault. opera plot. was justified,’’ Couluombis said. ‘‘There will FEELING SAFE be finger-pointing about the cost overruns.’’ Politics, as always, was unavoidable. A Venizelos, the opposition leader, said the member of the Iranian judo team delib- When I got to Greece, I was worried about real benefits for Greece would not be counted erately missed weight rather than fight an terrorism. But my only moments of terror during the 16 days between the Games’ open- Israeli. The Iraqi soccer team balked at involved public toilets last cleaned by the ing and closing ceremonies. being used as a political tool in the Amer- Goths, and of course the Athens taxis, which ‘‘Was it worth it? We will know in the next ican presidential campaign. are a menace to all humanity everywhere. (If we keep sending robots to Mars, sooner or 50 years,’’ he said. But the Olympic moments still shine later one of them will be run over by an Ath- through. Moroccan Hicham el Guerrouj over- ens taxi.) But the Games themselves, and [Knight Ridder Newspapers, Aug. 31, 2004] came his Olympic struggles to win two gold your country, always felt safe. The security, THE ULTIMATE STAR OF THESE OLYMPICS: medals. Israeli windsurfer Gal Fridman won even though there was a lot of it, never felt ATHENS the first gold medal in his country’s 52-year oppressive. I wish I felt as safe in my own Olympic history and said he would take the (By Ann Killion) country as I did in yours. medal to the memorial honoring the 11 ATHENS, GREECE.—The star of these Olym- Israeli Olympians murdered in 1972 and When I got to Greece, I was worried about pics is easy to pick. It is the lady with the ‘‘show it to them, to show they are always pickpockets. My company sent me to a scary funny hat and long spear, the gal who with us.’’ Greeks spontaneously sang the na- security-training session that left me con- sprouted fully grown out of the head of her tional anthem when beloved weightlifter vinced I’d wind up lying in some Athens dad, Zeus. Pyrros Dimas won a bronze. alley, stripped of money, clothes and key Athena, the goddess of wisdom. She and bodily organs. But nobody took anything her namesake city win the gold. The hosts were gracious and accommo- from me. Instead, people kept giving me Each Olympics produces a lasting image or dating. How did such a small country pull it things: pins, maps, guidebooks, smiles, and— two. In Sydney it was Cathy Freeman and off? I got a taste of the Greek approach be- most precious of all—directions. Whenever I Marion Jones. In Atlanta it was Michael fore the Games ever began. looked lost—which was often—people would Johnson and Kerri Strug. Traveling with my family to Athens, our stop and ask me, in English, if I needed help. These Games produced their own stars and ferry from a small island to the island of Often they’d walk with me, going out of scandals. Among the high points: Michael Santorini was scheduled to leave at 2:30. Ap- their way, making sure I was on the right Phelps, who won more medals than many parently everybody else knew it really left path, sometimes even handing me off to an- countries; America’s golden girls Natalie at 4. When it finally pulled out at 4:15, we other Greek, passing me across Athens, a Coughlin and Carly Patterson, beach were in danger of missing our flight to Ath- human baton in the Clueless American volleyball, along with the softball, soccer ens and being stranded until morning. Relay. and basketball teams. As we neared Santorini, I spoke with the Among the lows: drugs, incompetent A FAMILY AFFAIR ship workers. They shook their heads. Our judges and a red-kilted attacker on the mar- task would be impossible. There would be no When I got to Greece, I was worried about athon course. taxis at the port. The airport is on the other bringing my 4-year-old daughter, Sophie. But But the most defining memory from these side of the island. you opened your arms to her, as you do to all Games will be the performance of Athens and children. We couldn’t get on a bus without There was no hope. But they discussed my her citizens. We always cheer for the under- somebody offering Sophie a seat; we couldn’t plight some more, cited the politics of ferry dog. We love it when the underestimated and walk around our neighborhood without schedules, pointed out the beautiful cliff vil- overlooked come up big. somebody shouting ‘‘Sophie!’’ and running lages and told the story of the volcano erup- And there has never been an Olympic un- over to say hi to her. At home, I’m a news- tion to distract me from my worries. derdog like Athens. Or one that has rallied paper columnist; in Greece, I’m the guy who to victory as drastically. Finally, they decided it could be done. accompanies Sophie. The city was doubted, scoffed, maligned. They helped us with our luggage. They spot- When I got to Greece. I was worried about Athenians mortgaged their future to bring ted taxis waiting on shore. They pulled us off not understanding the language. But it the Olympics home to their birthplace. They the boat before the gangplank was fully turned out the only Greek word I really felt disrespected by the rest of the world. down, shouting as we dashed for the taxi, But the city and her people performed needed to know was ‘‘efharisto,’’ which ‘‘You’ll make it with half an hour to spare!’’ means (I hope) ‘‘thank you.’’ I said it a hun- under pressure. From the beginning until the We made it with five minutes to spare. very end, as the massive crowds moved dred times a day. smoothly Monday through Eleftherios It’s the Greek way, cynical, analytical, So, Greece, I apologize. You took on a huge Benizelos Airport, Athens shone. taking a break to appreciate the beauty and task, and you did it well, and your com- The people who invested the ancient history of their land, and then rallying with petence was matched by your warmth. You Games hosted a very modern event, from the complete enthusiasm. treated my family like your family; we’ve al- billion-dollar-plus security bill to the doping The Olympic flame was extinguished under ready decided we’re coming back (after all, shadow looming over the event. a full moon that reflected off the Acropolis Sophie will want to see her friends). The security worked. The scariest thing and bathed the city in a golden light. Athena Until then, Greece, from my heart: about being in Athens was riding in a taxi. would be proud. efharisto.

VerDate Aug 04 2004 04:06 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.045 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9293 SENATE RESOLUTION 428—REAU- mented in nursing homes and ensuring and Iraq and the war on terrorism, together THORIZING THE JOHN HEINZ that nursing home residents cannot be with the speed with which these funds have SENATE FELLOWSHIP PROGRAM bound and tied to their beds or wheel- been committed, presents a challenge to the effective performance of the traditional Mr. SPECTER (for himself, Mr. chairs. The John Heinz Senate Fellowship oversight function of Congress and the audit- SANTORUM, Mr. COCHRAN, and Mr. ing functions of the executive branch; Program will help continue the efforts HAGEL) submitted the following resolu- Whereas the Senate Special Committee to tion; which was referred to the Com- of Senator Heinz to give our Nation’s Investigate the National Defense Program, mittee on Rules and Administration: elderly the quality of life they deserve. popularly know as the Truman Committee, The program encourages the identifica- which was established during World War II, S. RES. 428 tion and training of new leadership in offers a constructive precedent for bipartisan Resolved, aging policy by awarding fellowships to oversight of wartime contracting that can SECTION 1. JOHN HEINZ SENATE FELLOWSHIP qualified candidates to serve in a Sen- also be extended to wartime and postwar re- PROGRAM. ate office or with a Senate Committee. construction activities; Senate Resolution 356, 102d Congress, Whereas the Truman Committee is cred- agreed to October 7, 1992, is amended by The goal of this program is to advance ited with an extremely successful investiga- striking section 5 and inserting the fol- the development of public policy in tive effort, performance of a significant pub- lowing: issues affecting senior citizens. Admin- lic education role, and achievement of fiscal ‘‘SEC. 5. FUNDS. istered by the Heinz Family Founda- savings measured in the billions of dollars; ‘‘There are authorized to be appropriated tion in conjunction with the Secretary and to carry out the provisions of this resolution of the Senate, the program allows fel- Whereas the public has a right to expect $85,000 for each of fiscal years 2005 through lows to bring their firsthand experience that taxpayer resources will be carefully dis- 2009.’’. in aging issues to the work of Congress. bursed and honestly spent: Now, therefore, Mr. SPECTER. Mr. President, I have be it Heinz fellows who are advocates for Resolved, sought recognition to submit a resolu- aging issues spend a year to help us tion reauthorizing the John Heinz Sen- SECTION 1. SPECIAL COMMITTEE ON WAR AND learn about the effects of Federal poli- RECONSTRUCTION CONTRACTING. ate Fellowship Program. This Congres- cies on our elderly citizens, those who There is established a special committee of sional fellowship program, created in are social workers help us find better the Senate to be known as the Special Com- 1992, is a fitting tribute to my late col- ways to protect our nation’s elderly mittee on War and Reconstruction Con- league and dear friend, United States from abuse and neglect, and those who tracting (hereafter in this resolution referred to as the ‘‘Special Committee’’). Senator John Heinz. Senator Heinz are health care providers help us to dedicated his life and much of his Con- build a strong health care system that SEC. 2. PURPOSE AND DUTIES. gressional career to improving the (a) PURPOSE.—The purpose of the Special addresses the unique needs of our sen- Committee is to investigate the awarding lives of senior citizens. He believed iors. that Congress has a special responsi- and performance of contracts to conduct The Heinz fellowship enables us to military, security, and reconstruction ac- bility to serve as a guardian for those train new leaders in senior citizen ad- tivities in Afghanistan and Iraq and to sup- who cannot protect themselves. This vocacy and aging policy. The fellows port the prosecution of the war on terrorism. fellowship program, which focuses on return to their respective careers with (b) DUTIES.—The Special Committee shall aging issues, honors the life and con- a new understanding about how to examine the contracting actions described in tinues the legacy of Senator Heinz. work effectively with government, so subsection (a) and report on such actions, in During his 20 years in the Congress, accordance with this section, regarding— they may better fulfill their goals as (1) bidding, contracting, accounting, and John Heinz compiled an enviable senior citizen advocates. record of accomplishments. While he auditing standards for Federal Government The John Heinz Senate Fellowship contracts; was successful in many areas, he built Program has been a valuable tool for (2) methods of contracting, including sole- a national reputation for his strong Congress and our communities since its source contracts and limited competition or commitment to improving the quality establishment in 1992. The continu- noncompetitive contracts; of life of our Nation’ s elderly. Pennsyl- ation of this vital program will signal (3) subcontracting under large, comprehen- vania, with nearly 2 million citizens a sustained commitment to our na- sive contracts; aged 65 or older—over 15 percent of the tion’s elderly. I urge my colleagues to (4) oversight procedures; (5) consequences of cost-plus and fixed population—houses the second largest join me in cosponsoring this resolu- elderly population nationwide. As John price contracting; tion, and urge its swift adoption. (6) allegations of wasteful and fraudulent traveled throughout the State, he lis- practices; tened to the concerns of this important SENATE RESOLUTION 429—ESTAB- (7) accountability of contractors and Gov- constituency and came back to Wash- LISHING A SPECIAL COMMITTEE ernment officials involved in procurement ington to address their needs through OF THE SENATE TO INVES- and contracting; policy and legislation. TIGATE THE AWARDING AND (8) penalties for violations of law and Senator Heinz led the fight against CARRYING OUT OF CONTRACTS abuses in the awarding and performance of Government contracts; and age discrimination by championing TO CONDUCT ACTIVITIES IN AF- legislation to eliminate the require- (9) lessons learned from the contracting GHANISTAN AND IRAQ AND TO process used in Iraq and Afghanistan and in ment that older Americans must retire FIGHT THE WAR ON TERRORISM connection with the war on terrorism with at age 65, and by ensuring full retire- Mr. DURBIN (for himself, Mr. CRAIG, respect to the structure, coordination, man- ment pay for older workers employed Mr. AKAKA, and Mr. DAYTON) submitted agement policies, and procedures of the Fed- by factories forced to close. During his the following resolution; which was re- eral Government. Chairmanship of the Senate Special (c) EVIDENCE CONSIDERED.—In carrying out ferred to the Committee on Rules and its duties, the Special Committee shall as- Committee on Aging from 1981–1986 and Administration: his tenure as Ranking Minority Mem- certain and evaluate the evidence developed S. RES. 429 by all relevant governmental agencies re- ber from 1987–1991, Senator Heinz used garding the facts and circumstances relevant his position to improve health care ac- Whereas the wars in Iraq and Afghanistan have exerted very large demands on the to contracts described in subsection (a). cessibility and affordability for senior Treasury of the United States and required SEC. 3. COMPOSITION OF SPECIAL COMMITTEE. citizens and to reduce fraud and abuse tremendous sacrifice by the members of the (a) MEMBERSHIP.— within Federal health care programs. Armed Forces of the United States; (1) IN GENERAL.—The Special Committee Congress enacted his legislation to pro- Whereas Congress has a constitutional re- shall consist of 7 members of the Senate of vide Medicare recipients a lower cost sponsibility to ensure comprehensive over- whom— alternative to fee-for-service medicine, sight of the expenditure of United States (A) 4 members shall be appointed by the as well as his legislation to add a hos- Government funds; President pro tempore of the Senate, in con- pice benefit to the Medicare program. Whereas waste and corporate abuse of sultation with the majority leader of the United States Government resources are par- Senate; and John also recognized the great need ticularly unacceptable and reprehensible (B) 3 members shall be appointed by the for nursing home reforms. He was suc- during times of war; minority leader of the Senate. cessful in passing legislation man- Whereas the magnitude of the funds in- (2) DATE.—The appointments of the mem- dating that safety measures be imple- volved in the reconstruction of Afghanistan bers of the Special Committee shall be made

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.048 S15PT1 S9294 CONGRESSIONAL RECORD — SENATE September 15, 2004 not later than 90 days after the date of the trict court for the judicial district in which staff members in the performance of their enactment of this Act. the subpoenaed person resides, is served, or functions for the Special Committee. (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring (d) PAYMENT OF EXPENSES.—There shall be cial Committee shall not affect its powers, such person to appear at any designated paid out of the applicable accounts of the but shall be filled in the same manner as the place to testify or to produce documentary Senate such sums as may be necessary for original appointment. or other evidence. Any failure to obey the the expenses of the Special Committee. Such (c) SERVICE.—Service of a Senator as a order of the court may be punished by the payments shall be made on vouchers signed member, chairman, or ranking member of court as a contempt of that court. by the chairman of the Special Committee the Special Committee shall not be taken (d) MEETINGS.—The Special Committee and approved in the manner directed by the into account for the purposes of paragraph may sit and act at any time or place during Committee on Rules and Administration of (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods the Senate. Amounts made available under Senate. of the Senate. this subsection shall be expended in accordance with regulations prescribed by the Com- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. 6. REPORTS. chairman of the Special Committee shall be mittee on Rules and Administration of the (a) INITIAL REPORT.—The Special Com- Senate. designated by the majority leader of the Sen- mittee shall submit to the Senate a report SEC. 8. TERMINATION. ate, and the ranking member of the Special on the investigation conducted pursuant to Committee shall be designated by the minor- The Special Committee shall terminate on section 2 not later than 270 days after the ap- February 28, 2007. ity leader of the Senate. pointment of the Special Committee mem- (e) QUORUM.— bers. (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- SENATE CURRENT RESOLUTION jority of the members of the Special Com- mittee shall submit an updated report on 137—CALLING FOR THE SUSPEN- mittee shall constitute a quorum for the pur- such investigation not later than 180 days SION OF SUDAN’S MEMBERSHIP pose of reporting a matter or recommenda- after the submission of the report under sub- ON THE UNITED NATIONS COM- tion to the Senate. section (a). MISSION ON HUMAN RIGHTS (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special Committee shall constitute a quorum for the Committee may submit any additional re- Mr. FRIST (for himself, Mr. DASCHLE, purpose of taking testimony. port or reports that the Special Committee Mr. DEWINE, and Mr. NELSON of Ne- (3) OTHER BUSINESS.—A majority of the considers appropriate. braska) submitted the following con- 1 members of the Special Committee, or ⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The current resolution; which was consid- the members of the Special Committee if at reports under this section shall include find- ered and agreed to: least one member of the minority party is ings and recommendations of the Special S. CON. RES. 137 present, shall constitute a quorum for the Committee regarding the matters considered Whereas, in Darfur, Sudan, more than purpose of conducting any other business of under section 2. the Special Committee. 30,000 innocent civilians have been murdered, (e) DISPOSITION OF REPORTS.—Any report more than 400 villages have been destroyed, SEC. 4. RULES AND PROCEDURES. made by the Special Committee when the more than 130,000 men, women, and children (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to have been forced from their villages into SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by neighboring countries, and more than provided in this resolution, the investiga- the Special Committee shall be referred to 1,000,000 people have been internally dis- tion, study, and hearings conducted by the the committee or committees that have ju- placed; Special Committee shall be governed by the risdiction over the subject matter of the re- Whereas the United States Government Standing Rules of the Senate. port. has been, and remains as of September 2004, (b) ADDITIONAL RULES AND PROCEDURES.— SEC. 7. ADMINISTRATIVE PROVISIONS. the largest contributor of assistance to the The Special Committee may adopt addi- (a) STAFF.— people of Darfur, having provided over tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee $200,000,000 in assistance, which constitutes and ranking member agree that such addi- may employ in accordance with paragraph more than 70 percent of the total assistance tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- provided to that region; enable the Special Committee to conduct the tigatory, legal, technical, and other per- Whereas the United States has pledged investigation, study, and hearings author- sonnel as the Special Committee, or the $299,000,000 in humanitarian aid to Darfur ized by this resolution. Any such additional chairman or the ranking member, considers through fiscal year 2005, as well as $11,800,000 rules and procedures— necessary or appropriate. in support of the African Union mission in (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— that region, and is likely to provide support lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee in excess of those pledges; and shall appoint a staff for the majority, a staff Whereas United States citizens and private (2) shall become effective upon publication for the minority, and a nondesignated staff. organizations, as well as the United States in the Congressional Record. (B) MAJORITY STAFF.—The majority staff Government, have admirably worked, at SEC. 5. AUTHORITY OF SPECIAL COMMITTEE. shall be appointed, and may be removed, by great risk and through great effort, to ease (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- suffering in Darfur, Sudan, and in eastern may exercise all of the powers and respon- eral supervision and direction of the chair- Chad; sibilities of a committee under rule XXVI of man. Whereas, based on credible reports, Con- the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff gress determined in late July 2004 that acts (b) HEARINGS.—The Special Committee or, shall be appointed, and may be removed, by of genocide were occurring in Darfur, Sudan, at its direction, any subcommittee or mem- the ranking member of the Special Com- and that the Government of Sudan bears di- ber of the Special Committee, may, for the mittee, and shall work under the general su- rect responsibility for many of those acts of purpose of carrying out this resolution— pervision and direction of such member. genocide; (1) hold such hearings, sit and act at such (D) NONDESIGNATED STAFF.—Nondesignated Whereas, expressing its grave concern at times and places, take such testimony, re- staff shall be appointed, and may be re- the ongoing humanitarian crisis and wide- ceive such evidence, and administer such moved, jointly by the chairman and the spread human rights violations in Darfur, in- oaths as the Special Committee or such sub- ranking member, and shall work under the cluding continued attacks on civilians that committee or member considers advisable; joint general supervision and direction of the place thousands of lives at risk, the United and chairman and ranking member. Nations Security Council on July 30, 2004, (2) require, by subpoena or otherwise, the (b) COMPENSATION.— unanimously adopted Security Council Reso- attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall lution 1556, which called upon the Govern- and the production of such books, records, fix the compensation of all personnel of the ment of Sudan to fulfill immediately its ob- correspondence, memoranda, papers, docu- majority staff of the Special Committee. ligations to facilitate humanitarian relief ef- ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member forts, to take steps to disarm immediately Committee considers advisable. shall fix the compensation of all personnel of the Janjaweed militias responsible for at- (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. tacks on civilians and bring the perpetrators POENAS.— (3) NONDESIGNATED STAFF.—The chairman of such attacks to justice, and to cooperate (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the with independent United Nations-sponsored section (b) shall bear the signature of the compensation of all nondesignated staff of investigations of human rights violations; Chairman of the Special Committee and the Special Committee, within the budget Whereas the Government of Sudan has shall be served by any person or class of per- approved for such purposes for the Special failed to take credible steps to comply with sons designated by the Chairman for that Committee. the demands of the international community purpose. (c) REIMBURSEMENT OF EXPENSES.—The as expressed through the United Nations Se- (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- curity Council; macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and Whereas, according to press reports, re- under subsection (a), the United States dis- other necessary expenses incurred by such ports from nongovernmental organizations,

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.056 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9295 first-hand accounts from refugees, and other of the United Nations Commission on Human from the United Nations Human Rights Com- sources, the Janjaweed attacks on the civil- Rights; mission; ians of Darfur continue unabated as of Sep- Whereas the Secretary of State determined (8) calls upon the member states of the tember 2004; that, according to United States law, the United Nations Commission on Human Whereas there are credible reports from Government of Sudan is a state sponsor of Rights to convene an immediate special ses- some of these same sources that the Govern- terrorism and has been since 1993 and there- sion to consider the urgent and acute human ment of Sudan is providing assistance to the fore remains ineligible for U.S. foreign as- rights situation in Sudan for the purpose of Janjaweed militias and, in some cases, that sistance; considering whether Sudan should be sus- Government of Sudan forces have partici- Whereas, due to the human rights situa- pended from membership in such Commis- pated directly in attacks on civilians; tion in Darfur, it would be consistent with sion; and Whereas the United States Government, United States obligations under the Geno- (9) expects the Secretary of State to report after conducting more than 1,000 interviews cide Convention for the Secretary of State to Congress on progress made toward taking with survivors and refugees, has determined and the United States Permanent Represent- the actions and accomplishing the objectives that genocide has occurred in Darfur, that it ative to the United Nations to seek the im- outlined in this resolution not later than 60 may still be occurring, and that both the mediate suspension of Sudan from the days after the date on which Congress agrees Janjaweed and the Government of Sudan United Nations Commission on Human to the resolution. bear responsibility for these acts; Rights and, in the event a formal investiga- f Whereas the Secretary of State has deter- tion results in a determination by the UN mined that the attacks by the Government that genocide has occurred in Darfur, the ul- AMENDMENTS SUBMITTED AND of Sudan and the Janjaweed on the non-Arab timate removal of Sudan from such Commis- PROPOSED people of Darfur and their villages are based sion; and SA 3660. Mrs. HUTCHISON (for herself and on race, not religion; Whereas it is a mockery of human rights Mrs. FEINSTEIN) proposed an amendment to Whereas the United States has recently in- as a universal principle, a challenge to the the bill S. 2674, making appropriations for troduced a new resolution in the United Na- United Nations as an institution, and an af- military construction, family housing, and tions Security Council that calls for the front to all responsible countries that em- base realignment and closure for the Depart- Government of Sudan to cooperate fully with brace and promote human rights that a gov- ment of Defense for the fiscal year ending an expanded African Union force and for a ernment under investigation by the United September 30, 2005, and for other purposes. cessation of Sudanese military flights over Nations for committing genocide against, SA 3661. Mrs. HUTCHISON (for herself and Darfur; and violating the human rights of, its own Mrs. FEINSTEIN) proposed an amendment to Whereas the introduced resolution also citizens sits in judgment of others as a mem- the bill S. 2674, supra. provides for international overflights of the ber in good standing of the United Nations SA 3662. Mr. FRIST (for Mr. MCCAIN (for Darfur region to monitor the situation on Commission on Human Rights: Now, there- himself, Mr. HOLLINGS, and Mr. SMITH)) sub- the ground and requires the United Nations fore, be it Security Council to review the record of mitted an amendment intended to be pro- compliance of the Government of Sudan to Resolved by the Senate (the House of Rep- posed by Mr. FRIST to the bill S. 1234, to re- determine whether the United Nations resentatives concurring), That Congress— authorize the Federal Trade Commission, should impose sanctions on Sudan, including (1) recognizes and approves of the findings and for other purposes. sanctions affecting the petroleum sector in of the Secretary of State that genocide has SA 3663. Mr. FRIST (for Mrs. FEINSTEIN that country; occurred and may still be occurring in (for herself, Mr. DOMENICI, and Mr. BINGA- Whereas the resolution also urges the Gov- Darfur, Sudan, and that the Government of MAN)) proposed an amendment to the bill ernment of Sudan and the Sudanese People’s Sudan bears responsibility for such acts; H.R. 2828, to authorize the Secretary of the Liberation Movement to conclude negotia- (2) supports the Secretary of State’s call Interior to implement water supply tech- tions on a comprehensive peace accord and, for a full and unfettered investigation by the nology and infrastructure programs aimed at most important, calls for a United Nations United Nations into all violations of inter- increasing and diversifying domestic water investigation into all violations of international humanitarian law and human rights resources. national humanitarian law and human rights law that have occurred in Darfur, with a f law that have occurred in Darfur in order to view to ensuring accountability; ensure accountability; (3) supports the resolution introduced by TEXT OF AMENDMENTS Whereas the United Nations Security the United States Government in the United Council, in United Nations Security Council Nations Security Council on September 9, SA 3660. Mrs. HUTCHISON (for her- Resolution 1556, emphasized that the Govern- 2004, with regard to the situation in Darfur; self and Mrs. FEINSTEIN) proposed an ment of Sudan bears primary responsibility (4) calls upon the Secretary of State and amendment to the bill S. 2674, making for respecting human rights and protecting the United States Permanent Representative appropriations for military construc- the people of Sudan; to the United Nations to take immediate tion, family housing, and base realign- Whereas United Nations Security Council steps to pursue the establishment of a formal ment and closure for the Department Resolution 1556 calls upon the Government United Nations investigation, under Article of Defense for the fiscal year ending of Sudan to cooperate with the United Na- VIII of the Genocide Convention, to deter- tions; mine whether the actions of the Government September 30, 2005, and for other pur- Whereas the United Nations Human Rights of Sudan in Darfur constitute acts of geno- poses; as follows: Commission, established in 1946 and given cide; At the appropriate place, insert the fol- the responsibility of drafting the Universal (5) calls upon the Secretary of State and lowing: Declaration of Human Rights, is responsible the United States Permanent Representative SEC. . (a) ASSESSMENT OF BUDGET AUTHOR- for promoting respect for and observance of, to the United Nations to take immediate ITY LIMITATION ON MILITARY HOUSING PRIVAT- human rights and fundamental freedoms for steps to pursue the immediate suspension of IZATION INITIATIVE.—(1) The Secretary of De- all; Sudan from the United Nations Commission fense shall assess the impact on the military Whereas the Universal Declaration of on Human Rights; family housing program of having the total Human Rights declares that all human (6) calls upon the Secretary of State and value of contracts and investments under- beings are born free and equal in dignity and the United States Permanent Representative taken under the Military Housing Privatiza- rights, that everyone is entitled to all the to the United Nations to take further steps tion Initiative reach the limitation on budg- rights and freedoms set forth in the Declara- to ensure that the suspension of Sudan from et authority for the initiative specified in tion regardless of race, color, sex, language, the United Nations Commission on Human section 2883(g) of Title 10, United States religion, political or other opinion, or na- Rights remains in effect unless and until the Code. tional or social origin, property, birth, or Government of Sudan meets all of its obliga- (2) The assessment shall include: an esti- other status that everyone has the right to tions, as determined by the United Nations mate of the appropriations and period of life, liberty and security of person, that no Security Council, under United Nations Se- time necessary to provide the level and qual- one shall be held in slavery or servitude, and curity Council Resolution 1556 of July 30, ity of housing contemplated under the Mili- that no one shall be subjected to torture or 2004, and any subsequent United Nations Se- tary Housing Privatization Initiative in the to cruel, inhuman, or degrading treatment or curity Council resolutions regarding this event that limitation in 10 USC 2883(g) is not punishment; matter; eliminated and the potential impact on mili- Whereas the Convention on the Prevention (7) calls upon the Secretary of State and tary families if the limitation is not elimi- and Punishment of Genocide, done at Paris the United States Permanent Representative nated. on December 9, 1948 (hereafter in this resolu- to the United Nations to take steps to ensure (b) The Secretary of Defense shall, no later tion referred to as the ‘‘Genocide Conven- that, in the event that the formal investiga- than December 31, 2004, provide to the con- tion’’), delineates the criteria that con- tion of acts of genocide in Sudan results in a gressional defense committees a report on stitute genocide and requires parties to pre- determination by the UN that genocide has the assessment required by subparagraph (a). vent and punish genocide; occurred or is occurring in Darfur, the (c) MILITARY HOUSING PRIVATIZATION INI- Whereas Sudan is a state party to the United States Government takes appropriate TIATIVE DEFINED.—In this section, the term Genocide Convention and remains a member actions to ensure that Sudan is removed ‘‘military housing privatization initiative’’

VerDate Aug 04 2004 04:06 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.056 S15PT1 S9296 CONGRESSIONAL RECORD — SENATE September 15, 2004 means the programs and activities under- SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY ment of civil laws, or when the Attorney taken under the alternative authority for DEFINED. General refers a request to the Commission the acquisition and improvement of military Section 4 of the Federal Trade Commission from an agency acting to investigate or pur- housing under subchapter IV of chapter 169 Act (15 U.S.C. 44) is amended by adding at sue the enforcement of criminal laws, seek of title 10, United States Code. the end the following: and accept appointment by a United States ‘‘ ‘Foreign law enforcement agency’ district court of Commission attorneys to SA 3661. Mrs. HUTCHISON (for her- means— provide assistance to foreign and inter- self and Mrs. FEINSTEIN) proposed an ‘‘(A) any agency or judicial authority of a national tribunals and to litigants before amendment to the bill S. 2674, making foreign government, including a foreign such tribunals on behalf of a foreign law en- appropriations for military construc- state, a political subdivision of a foreign forcement agency pursuant to section 1782 of state, or a multinational organization con- tion, family housing, and base realign- title 28, United States Code. stituted by and comprised of foreign states, ‘‘(3) CRITERIA FOR DETERMINATION.—In de- ment and closure for the Department that is vested with law enforcement or inves- ciding whether to provide such assistance, of Defense for the fiscal year ending tigative authority in civil, criminal, or ad- the Commission shall consider all relevant September 30, 2005, and for other pur- ministrative matters; and factors, including— poses; as follows: ‘‘(B) any multinational or multiagency or- ‘‘(A) whether the requesting agency has At the appropriate place, insert the fol- ganization to the extent that it is acting on agreed to provide or will provide reciprocal lowing: behalf of an entity described in subparagraph assistance to the Commission; (A).’’. ‘‘(B) whether compliance with the request SEC. 131. Of the amount appropriated by this Act, $1,500,000 shall be available to the SEC. 3. AVAILABILITY OF REMEDIES. would prejudice the public interest of the Commission on Review of Overseas Military Section 5(a) of the Federal Trade Commis- United States; and ‘‘(C) whether the requesting agency’s in- Facility Structure of the United States. sion Act (15 U.S.C. 45(a)) is amended by adding at the end the following: vestigation or enforcement proceeding concerns acts or practices that cause or are like- SA 3662. Mr. FRIST (for Mr. MCCAIN ‘‘(4)(A) For purposes of this subsection, the ly to cause injury to a significant number of (for himself, Mr. HOLLINGS, and Mr. term ‘unfair or deceptive acts or practices’ includes unfair or deceptive acts or practices persons. SMITH)) submitted an amendment in- involving foreign commerce that— ‘‘(4) INTERNATIONAL AGREEMENTS.—If a for- tended to be proposed by Mr. FRIST to ‘‘(i) cause or are likely to cause reasonably eign law enforcement agency has set forth a the bill S. 1234, to reauthorize the Fed- foreseeable injury within the United States; legal basis for requiring conclusion of an eral Trade Commission, and for other or international agreement as a condition for purposes; as follows: ‘‘(ii) involve material conduct occurring reciprocal assistance, or as a condition for provision of materials or information to the SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. within the United States. ‘‘(B) All remedies available to the Commis- Commission, the Commission, with prior ap- (a) SHORT TITLE.—This Act may be cited as sion with respect to unfair and deceptive proval and ongoing oversight of the Sec- the ‘‘International Consumer Protection Act retary of State, and with final approval of of 2004.’’. acts or practices shall be available for acts and practices described in this paragraph, in- the agreement by the Secretary of State, (b) FINDINGS.—The Congress finds the fol- may negotiate and conclude an international lowing: cluding restitution to domestic or foreign victims.’’. agreement, in the name of either the United (1) The Federal Trade Commission protects States or the Commission, for the purpose of SEC. 4. POWERS OF THE COMMISSION. consumers from fraud and deception. Cross- obtaining such assistance, materials, or in- (a) PUBLICATION OF INFORMATION; RE- border fraud and deception are growing formation. The Commission may undertake PORTS.—Section 6(f) of the Federal Trade international problems that affect American in such an international agreement to consumers and businesses. Commission Act (15 U.S.C. 46(f)) is amend- ‘‘(A) provide assistance using the powers (2) The development of the Internet and ed— set forth in this subsection; improvements in telecommunications tech- (1) by inserting ‘‘(1)’’ after ‘‘such informa- ‘‘(B) disclose materials and information in nologies have brought significant benefits to tion’’ the first place it appears; and accordance with subsection (f) and section consumers. At the same time, they have also (2) by striking ‘‘purposes.’’ and inserting 21(b); and provided unprecedented opportunities for ‘‘purposes, and (2) to any officer or employee ‘‘(C) engage in further cooperation, and those engaged in fraud and deception to es- of any foreign law enforcement agency under protect materials and information received tablish operations in one country and vic- the same circumstances that making mate- from disclosure, as authorized by this Act. timize a large number of consumers in other rial available to foreign law enforcement ‘‘(5) ADDITIONAL AUTHORITY.—The author- countries. agencies is permitted under section 21(b).’’. ity provided by this subsection is in addition (3) An increasing number of consumer com- (b) OTHER POWERS OF THE COMMISSION.— to, and not in lieu of, any other authority plaints collected in the Consumer Sentinel Section 6 of the Federal Trade Commission vested in the Commission or any other offi- database maintained by the Commission, and Act (15 U.S.C. 46) is further amended by in- cer of the United States. an increasing number of cases brought by serting after subsection (i) and before the ‘‘(6) LIMITATION.—This subsection does not the Commission, involve foreign consumers, proviso the following: authorize the Commission to take any action foreign businesses or individuals, or assets or ‘‘(j) INVESTIGATIVE ASSISTANCE FOR FOR- or exercise any power with respect to a bank, evidence located outside the United States. EIGN LAW ENFORCEMENT AGENCIES.— a savings and loan institution described in (4) The Commission has legal authority to ‘‘(1) IN GENERAL.—Upon a written request section 18(f)(3) (15 U.S.C. 57a(f)(3)), a Federal remedy law violations involving domestic from a foreign law enforcement agency to credit union described in section 18(f)(4) (15 and foreign wrongdoers, pursuant to the Fed- provide assistance in accordance with this U.S.C. 57a(f)(4)), or a common carrier subject eral Trade Commission Act. The Commis- subsection, if the requesting agency states to the Act to regulate commerce, except in sion’s ability to obtain effective relief using that it is investigating, or engaging in en- accordance with the undesignated proviso this authority, however, may face practical forcement proceedings against, possible vio- following the last designated subsection of impediments when wrongdoers, victims, lations of laws prohibiting fraudulent or de- section 6 (15 U.S.C. 46). other witnesses, documents, money and third ceptive commercial practices, or other prac- ‘‘(7) ASSISTANCE TO CERTAIN COUNTRIES.— parties involved in the transaction are wide- tices substantially similar to practices pro- The Commission may not provide investiga- ly dispersed in many different jurisdictions. hibited by any provision of the laws adminis- tive assistance under this subsection to a Such circumstances make it difficult for the tered by the Commission, other than Federal foreign law enforcement agency from a coun- Commission to gather all the information antitrust laws (as defined in section 12(5) of try that the Secretary of State has deter- necessary to detect injurious practices, to the International Antitrust Enforcement As- mined, in accordance with section 6(j) of the recover offshore assets for consumer redress, sistance Act of 1994 (15 U.S.C. 6211(5))), to Export Administration Act of 1979 (50 U.S.C. and to reach conduct occurring outside the provide the assistance described in para- App. 2405(j)), has repeatedly provided support United States that affects United States con- graph (2) without requiring that the conduct for acts of international terrorism, unless sumers. identified in the request constitute a viola- and until such determination is rescinded (5) Improving the ability of the Commis- tion of the laws of the United States. pursuant to section 6(j)(4) of that Act (50 sion and its foreign counterparts to share in- ‘‘(2) TYPE OF ASSISTANCE.—In providing as- U.S.C. App. 2405(j)(4)). formation about cross-border fraud and de- sistance to a foreign law enforcement agency ‘‘(k) REFERRAL OF EVIDENCE FOR CRIMINAL ception, to conduct joint and parallel inves- under this subsection, the Commission PROCEEDINGS.— tigations, and to assist each other is critical may— ‘‘(1) IN GENERAL.—Whenever the Commis- to achieving more timely and effective en- ‘‘(A) conduct such investigation as the sion obtains evidence that any person, part- forcement in cross-border cases. Commission deems necessary to collect in- nership, or corporation, either domestic or (c) PURPOSE.—The purpose of this Act is to formation and evidence pertinent to the re- foreign, has engaged in conduct that may enhance the ability of the Federal Trade quest for assistance, using all investigative constitute a violation of Federal criminal Commission to protect consumers from powers authorized by this Act; and law, to transmit such evidence to the Attor- cross-border fraud and deception and other ‘‘(B) when the request is from an agency ney General, who may institute criminal consumer protection law violations. acting to investigate or pursue the enforce- proceedings under appropriate statutes.

VerDate Aug 04 2004 04:06 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.047 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9297 Nothing in this paragraph affects any other courts in which the Commission has an in- ployee of a foreign law enforcement agen- authority of the Commission to disclose interest. cy.’’. formation. ‘‘(3) LIMITATION ON USE OF FUNDS.—Nothing (b) INFORMATION SUPPLIED BY AND ABOUT ‘‘(2) INTERNATIONAL INFORMATION.—The in this subsection authorizes the payment of FOREIGN SOURCES.—Section 21(f) of the Fed- Commission should endeavor to ensure, with claims or judgments from any source other eral Trade Commission Act (15 U.S.C. 57b– respect to memoranda of understanding and than the permanent and indefinite appro- 2(f)) is amended to read as follows: international agreements it may conclude, priation authorized by section 1304 of title ‘‘(f) EXEMPTION FROM PUBLIC DISCLOSURE.— that material it has obtained from foreign 31, United States Code. ‘‘(1) IN GENERAL.—Any material which is received by the Commission in any inves- law enforcement agencies acting to inves- ‘‘(4) OTHER AUTHORITY.—The authority pro- tigate or pursue the enforcement of foreign vided by this subsection is in addition to any tigation, a purpose of which is to determine whether any person may have violated any criminal laws may be used for the purpose of other authority of the Commission or the provision of the laws administered by the investigation, prosecution, or prevention of Attorney General.’’. Commission, and which is provided pursuant violations of United States criminal laws. SEC. 6. SHARING INFORMATION WITH FOREIGN to any compulsory process under this Act or ‘‘(1) EXPENDITURES FOR COOPERATIVE AR- LAW ENFORCEMENT AGENCIES. which is provided voluntarily in place of RANGEMENTS.—To expend appropriated funds (a) MATERIAL OBTAINED PURSUANT TO COM- such compulsory process shall not be re- for— PULSORY PROCESS.—Section 21(b)(6) of the quired to be disclosed under section 552 of ‘‘(1) operating expenses and other costs of Federal Trade Commission Act (15 U.S.C. title 5, United States Code, or any other pro- bilateral and multilateral cooperative law 57b–2(b)(6)) is amended by adding at the end vision of law, except as provided in para- enforcement groups conducting activities of the following: ‘‘The custodian may make graph (2)(B) of this section. interest to the Commission and in which the such material available to any foreign law ‘‘(2) MATERIAL OBTAINED FROM A FOREIGN Commission participates; and enforcement agency upon the prior certifi- SOURCE.— ‘‘(2) expenses for consultations and meet- cation of an appropriate official of any such ‘‘(A) IN GENERAL.—Except as provided in ings hosted by the Commission with foreign foreign law enforcement agency, either by a subparagraph (B) of this paragraph, the Com- government agency officials, members of prior agreement or memorandum of under- mission shall not be required to disclose their delegations, appropriate representa- standing with the Commission or by other under section 552 of title 5, United States tives and staff to exchange views concerning written certification, that such material will Code, or any other provision of law— developments relating to the Commission’s be maintained in confidence and will be used ‘‘(i) any material obtained from a foreign mission, development and implementation of only for official law enforcement purposes, law enforcement agency or other foreign cooperation agreements, and provision of if— government agency, if the foreign law en- technical assistance for the development of ‘‘(A) the foreign law enforcement agency forcement agency or other foreign govern- foreign consumer protection or competition has set forth a bona fide legal basis for its ment agency has requested confidential regimes, such expenses to include necessary authority to maintain the material in con- treatment, or has precluded such disclosure administrative and logistic expenses and the fidence; under other use limitations, as a condition of expenses of Commission staff and foreign ‘‘(B) the materials are to be used for pur- providing the material; ‘‘(ii) any material reflecting a consumer invitees in attendance at such consultations poses of investigating, or engaging in en- complaint obtained from any other foreign and meetings including— forcement proceedings related to, possible source, if that foreign source supplying the ‘‘(A) such incidental expenses as meals violations of— material has requested confidential treat- taken in the course of such attendance; ‘‘(i) foreign laws prohibiting fraudulent or ment as a condition of providing the mate- ‘‘(B) any travel and transportation to or deceptive commercial practices, or other from such meetings; and rial; or practices substantially similar to practices ‘‘(iii) any material reflecting a consumer ‘‘(C) any other related lodging or subsist- prohibited by any law administered by the ence.’’. complaint submitted to a Commission re- Commission; porting mechanism sponsored in part by for- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) a law administered by the Commis- The Federal Trade Commission is authorized eign law enforcement agencies or other for- sion, if disclosure of the material would fur- eign government agencies. to expend appropriated funds not to exceed ther a Commission investigation or enforce- $100,000 per fiscal year for purposes of section ‘‘(B) SAVINGS PROVISION.—Nothing in this ment proceeding; or subsection authorizes the Commission to 6(l) of the Federal Trade Commission Act (15 ‘‘(iii) with the approval of the Attorney withhold information from the Congress or U.S.C. 46(l)) (as added by subsection (b) of General, other foreign criminal laws, if such prevent the Commission from complying this section), including operating expenses foreign criminal laws are offenses defined in with an order of a court of the United States and other costs of the following bilateral and or covered by a criminal mutual legal assist- in an action commenced by the United multilateral cooperative law enforcement ance treaty in force between the government States or the Commission.’’. agencies and organizations: of the United States and the foreign law en- (1) The International Consumer Protection SEC. 7. CONFIDENTIALITY; DELAYED NOTICE OF forcement agency’s government; PROCESS. and Enforcement Network. ‘‘(C) the appropriate Federal banking agen- (a) IN GENERAL.—The Federal Trade Com- (2) The International Competition Net- cy (as defined in section 3(q) of the Federal mission Act (15 U.S.C. 41 et seq.) is amended work. Deposit Insurance Act (12 U.S.C. 1813(q)) or, by inserting after section 21 the following: (3) The Mexico-U.S.-Canada Health Fraud in the case of a Federal credit union, the Na- Task Force. ‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NO- tional Credit Union Administration, has TICE OF COMPULSORY PROCESS (4) Project Emptor. FOR CERTAIN THIRD PARTIES. (5) The Toronto Strategic Partnership and given its prior approval if the materials to be provided under subparagraph (B) are re- ‘‘(a) APPLICATION WITH OTHER LAWS.—The other regional partnerships with a nexus in a Right to Financial Privacy Act (12 U.S.C. Canadian province. quested by the foreign law enforcement agency for the purpose of investigating, or 3401 et seq.) and chapter 121 of title 18, (d) CONFORMING AMENDMENT.—Section 6 of United States Code, shall apply with respect the Federal Trade Commission Act (15 U.S.C. engaging in enforcement proceedings based on, possible violations of law by a bank, a to the Commission, except as otherwise pro- 46) is amended by striking ‘‘clauses (a) and vided in this section. (b)’’ in the proviso following subsection (l) savings and loan institution described in section 18(f)(3) of the Federal Trade Commission ‘‘(b) IN GENERAL.—The procedures for delay (as added by subsection (b) of this section) of notification or prohibition of disclosure and inserting ‘‘subsections (a), (b), and (j)’’. Act (15 U.S.C. 57a(f)(3)), or a Federal credit union described in section 18(f)(4) of the Fed- under the Right to Financial Privacy Act (12 SEC. 5. REPRESENTATION IN FOREIGN LITIGA- eral Trade Commission Act (15 U.S.C. U.S.C. 3401 et seq.) and chapter 121 of title 18, TION. United States Code, including procedures for 57a(f)(4)); and Section 16 of the Federal Trade Commis- extensions of such delays or prohibitions, ‘‘(D) the foreign law enforcement agency is sion Act (15 U.S.C. 56) is amended by adding shall be available to the Commission, pro- not from a country that the Secretary of at the end the following: vided that, notwithstanding any provision State has determined, in accordance with ‘‘(c) FOREIGN LITIGATION.— therein— ‘‘(1) COMMISSION ATTORNEYS.—With the section 6(j) of the Export Administration Act ‘‘(1) a court may issue an order delaying concurrence of the Attorney General, the of 1979 (50 U.S.C. App. 2405(j)), has repeatedly notification or prohibiting disclosure (in- Commission may designate Commission at- provided support for acts of international cluding extending such an order) in accord- torneys to assist the Attorney General in terrorism, unless and until such determina- ance with the procedures of section 1109 of connection with litigation in foreign courts tion is rescinded pursuant to section 6(j)(4) of the Right to Financial Privacy Act (12 U.S.C. on particular matters in which the Commis- that Act (50 U.S.C. App. 2405(j)(4)). 3409) (if notification would otherwise be re- sion has an interest. Nothing in the preceding sentence authorizes quired under that Act), or section 2705 of ‘‘(2) REIMBURSEMENT FOR FOREIGN COUN- the disclosure of material obtained in con- title 18, United States Code, (if notification SEL.—The Commission is authorized to ex- nection with the administration of the Fed- would otherwise be required under chapter pend appropriated funds, upon agreement eral antitrust laws or foreign antitrust laws 121 of that title), if the presiding judge or with the Attorney General, to reimburse the (as defined in paragraphs (5) and (7), respec- magistrate judge finds that there is reason Attorney General for the retention of foreign tively, of section 12 of the International to believe that such notification or disclo- counsel for litigation in foreign courts and Antitrust Enforcement Assistance Act of sure may cause an adverse result as defined for expenses related to litigation in foreign 1994 (15 U.S.C. 6211)) to any officer or em- in subsection (g) of this section; and

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.086 S15PT1 S9298 CONGRESSIONAL RECORD — SENATE September 15, 2004 ‘‘(2) if notification would otherwise be re- of Columbia or any other appropriate United District of Columbia, for such provision of quired under chapter 121 of title 18, United States District Court. All ex parte applica- material or for any failure to provide notice States Code, the Commission may delay no- tions by the Commission under this section of such provision of material or of intention tification (including extending such a delay) related to a single investigation may be to so provide material. upon the execution of a written certification brought in a single proceeding. (2) LIMITATIONS.—Nothing in this sub- in accordance with the procedures of section ‘‘(2) IN CAMERA PROCEEDINGS.—Upon appli- section shall be construed to exempt any 2705 of that title if the Commission finds cation by the Commission, all judicial pro- such entity from liability— that there is reason to believe that notifica- ceedings pursuant to this section shall be (A) for the underlying conduct reported; or tion may cause an adverse result as defined held in camera and the records thereof sealed (B) to any Federal agency for providing in subsection (g) of this section. until expiration of the period of delay or such material or for any failure to comply ‘‘(c) EX PARTE APPLICATION BY COMMIS- such other date as the presiding judge or with any obligation the entity may have to SION.— magistrate judge may permit. notify a Federal agency prior to providing ‘‘(1) IN GENERAL.—If neither notification ‘‘(f) SECTION NOT TO APPLY TO ANTITRUST such material to the Commission. ‘‘(b) CERTAIN FINANCIAL INSTITUTIONS.—An nor delayed notification by the Commission INVESTIGATIONS OR PROCEEDINGS.—This sec- is required under the Right to Financial Pri- tion shall not apply to an investigation or entity described in paragraph (1) of sub- vacy Act (12 U.S.C. 3401 et seq.) or chapter proceeding related to the administration of section (d) of this section shall, in accord- 121 of title 18, United States Code, the Com- Federal antitrust laws or foreign antitrust ance with section 5318(g)(3) of title 31, United mission may apply ex parte to a presiding laws (as defined in paragraphs (5) and (7), re- States Code, be exempt from liability for judge or magistrate judge for an order pro- spectively, of section 12 of the International making a voluntary disclosure to the Com- hibiting the recipient of compulsory process Antitrust Enforcement Assistance Act of mission of any possible violation of law or issued by the Commission from disclosing to 1994 (15 U.S.C. 6211). regulation, including— ‘‘(1) a disclosure regarding assets, includ- any other person the existence of the proc- ‘‘(g) ADVERSE RESULT DEFINED.—For pur- ess, notwithstanding any law or regulation ing assets located in foreign jurisdictions— poses of this section the term ‘adverse re- ‘‘(A) related to possibly fraudulent or de- of the United States, or under the constitu- sult’ means— ceptive commercial practices; tion, or any law or regulation, of any State, ‘‘(1) endangering the life or physical safety ‘‘(B) related to persons involved in such political subdivision of a State, territory of of an individual; practices; or the United States, or the District of Colum- ‘‘(2) flight from prosecution; ‘‘(C) otherwise subject to recovery by the bia. The presiding judge or magistrate judge ‘‘(3) the destruction of, or tampering with, Commission; or may enter such an order granting the re- evidence; ‘‘(2) a disclosure regarding suspicious quested prohibition of disclosure for a period ‘‘(4) the intimidation of potential wit- chargeback rates related to possibly fraudu- not to exceed 60 days if there is reason to be- nesses; or lent or deceptive commercial practices. lieve that disclosure may cause an adverse ‘‘(5) otherwise seriously jeopardizing an in- ‘‘(c) CONSUMER COMPLAINTS.—Any entity result as defined in subsection (g). The pre- vestigation or proceeding related to fraudu- described in subsection (d) that voluntarily siding judge or magistrate judge may grant lent or deceptive commercial practices or provides consumer complaints sent to it, or extensions of this order of up to 30 days each persons involved in such practices, or unduly information contained therein, to the Com- in accordance with this subsection, except delaying a trial related to such practices or mission shall not be liable to any person that in no event shall the prohibition con- persons involved in such practices, including, under any law or regulation of the United tinue in force for more than a total of 9 but not limited to, by— States, or under the constitution, or any law months. ‘‘(A) the transfer outside the territorial or regulation, of any State, political subdivi- ‘‘(2) APPLICATION.—This subsection shall limits of the United States of assets or sion of a State, territory of the United apply only in connection with compulsory records related to fraudulent or deceptive States, or the District of Columbia, for such process issued by the Commission where the commercial practices or related to persons provision of material or for any failure to recipient of such process is not a subject of involved in such practices; provide notice of such provision of material the investigation or proceeding at the time ‘‘(B) impeding the ability of the Commis- or of intention to so provide material. This such process is issued. sion to identify persons involved in fraudu- subsection does not provide any exemption ‘‘(3) LIMITATION.—No order issued under lent or deceptive commercial practices, or to from liability for the underlying conduct. this subsection may prohibit any recipient trace the source or disposition of funds re- ‘‘(d) APPLICATION.—This section applies to from disclosing to a Federal agency that the lated to such practices; or the following entities, whether foreign or do- recipient has received compulsory process ‘‘(C) the dissipation, fraudulent transfer, or mestic: from the Commission. concealment of assets subject to recovery by ‘‘(1) A financial institution as defined in ‘‘(d) NO LIABILITY FOR FAILURE TO NO- the Commission.’’. section 5312 of title 31, United States Code. TIFY.—If neither notification nor delayed no- (b) CONFORMING AMENDMENT.—Section ‘‘(2) To the extent not included in para- tification by the Commission is required 16(a)(2) of the Federal Trade Commission Act graph (1), a bank or thrift institution, a com- under the Right to Financial Privacy Act (12 (15 U.S.C. 56(a)(2)) is amended— mercial bank or trust company, an invest- U.S.C. 3401 et seq.) or chapter 121 of title 18, (1) by striking ‘‘or’’ after the semicolon in ment company, a credit card issuer, an oper- United States Code, the recipient of compul- subparagraph (C); ator of a credit card system, and an issuer, sory process issued by the Commission under (2) by inserting ‘‘or’’ after the semicolon in redeemer, or cashier of travelers’ checks, this Act shall not be liable under any law or subparagraph (D); and money orders, or similar instruments. regulation of the United States, or under the (3) by inserting after subparagraph (D) the ‘‘(3) A courier service, a commercial mail constitution, or any law or regulation, of following: receiving agency, an industry membership any State, political subdivision of a State, ‘‘(E) under section 21A of this Act;’’. organization, a payment system provider, a consumer reporting agency, a domain name territory of the United States, or the Dis- SEC. 8. PROTECTION FOR VOLUNTARY PROVI- trict of Columbia, or under any contract or SION OF INFORMATION. registrar or registry acting as such, and a other legally enforceable agreement, for fail- The Federal Trade Commission Act (15 provider of alternative dispute resolution ure to provide notice to any person that such U.S.C. 41 et seq.) is further amended by add- services. ‘‘(4) An Internet service provider or pro- process has been issued or that the recipient ing after section 21A (as added by section 7 of vider of telephone services.’’. has provided information in response to such this Act) the following: process. The preceding sentence does not ex- SEC. 9. STAFF EXCHANGES. ‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PROVI- The Federal Trade Commission Act (15 empt any recipient from liability for— SION OF INFORMATION. ‘‘(1) the underlying conduct reported; U.S.C. 41 et seq.) is amended by adding after ‘‘(a) IN GENERAL.— ‘‘(2) any failure to comply with the record section 25 the following new section: ‘‘(1) NO LIABILITY FOR PROVIDING CERTAIN retention requirements under section 1104(c) ‘‘SEC. 25A. STAFF EXCHANGES. MATERIAL.—An entity described in paragraph of the Right to Financial Privacy Act (12 ‘‘(a) IN GENERAL.—The Commission may— (2) or (3) of subsection (d) of this section that U.S.C. 3404), where applicable; or ‘‘(1) retain or employ officers or employees voluntarily provides material to the Com- ‘‘(3) any failure to comply with any obliga- of foreign government agencies on a tem- mission that such entity reasonably believes tion the recipient may have to disclose to a porary basis as employees of the Commission is relevant to— Federal agency that the recipient has re- pursuant to section 2 of this Act or section ‘‘(A) a possible unfair or deceptive act or ceived compulsory process from the Commis- 3101 or 3109 of title 5, United States Code; and sion or intends to provide or has provided in- practice, as defined in section 5(a) of this ‘‘(2) detail officers or employees of the formation to the Commission in response to Act; or Commission to work on a temporary basis such process. ‘‘(B) assets subject to recovery by the Com- for appropriate foreign government agencies. ‘‘(e) VENUE AND PROCEDURE.— mission, including assets located in foreign ‘‘(b) RECIPROCITY AND REIMBURSEMENT.— ‘‘(1) IN GENERAL.—All judicial proceedings jurisdictions; The staff arrangements described in sub- initiated by the Commission under the Right shall not be liable to any person under any section (a) need not be reciprocal. The Com- to Financial Privacy Act (12 U.S.C. 3401 et law or regulation of the United States, or mission may accept payment or reimburse- seq.), chapter 121 of title 18, United States under the constitution, or any law or regula- ment, in cash or in kind, from a foreign gov- Code, or this section may be brought in the tion, of any State, political subdivision of a ernment agency to which this section is ap- United States District Court for the District State, territory of the United States, or the plicable, or payment or reimbursement made

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.088 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9299 on behalf of such agency, for expenses in- 41 et seq.) and the Right to Financial Pri- Sec. 102. Definitions. curred by the Commission, its members, and vacy Act (12 U.S.C. 3401 et seq.), as such Acts Sec. 103. Bay Delta program. employees in carrying out such arrange- are amended by this Act, is in addition to, Sec. 104. Management. ments. and not in lieu of, any other authority vested Sec. 105. Reporting requirements. ‘‘(c) STANDARDS OF CONDUCT.—A person ap- in the Federal Trade Commission or any Sec. 106. Crosscut budget. pointed under subsection (a)(1) shall be sub- other officer of the United States. Sec. 107. Federal share of costs. ject to the provisions of law relating to eth- SEC. 13. REPORT. Sec. 108. Compliance with State and Federal ics, conflicts of interest, corruption, and any Not later than 3 years after the date of en- law. other criminal or civil statute or regulation actment of this Act, the Federal Trade Com- Sec. 109. Authorization of appropriation. governing the standards of conduct for Fed- mission shall transmit to Congress a report TITLE II—MISCELLANEOUS eral employees that are applicable to the describing its use of and experience with the type of appointment.’’. Sec. 201. Salton Sea study program. authority granted by this Act, along with Sec. 202. Alder Creek water storage and con- SEC. 10. INFORMATION SHARING WITH FINAN- any recommendations for additional legisla- CIAL REGULATORS. servation project feasibility tion. The report shall include— Section 1112(e) of the Right to Financial study and report. (1) the number of cross-border complaints Privacy Act (12 U.S.C. 3412(e)) is amended by Sec. 203. Folsom Reservoir temperature con- received by the Commission; trol device authorization. inserting ‘‘the Federal Trade Commission,’’ (2) identification of the foreign agencies to after ‘‘the Securities and Exchange Commis- which the Commission has provided non- TITLE I—CALIFORNIA WATER SECURITY sion,’’. public investigative information under this AND ENVIRONMENTAL ENHANCEMENT SEC. 11. AUTHORITY TO ACCEPT REIMBURSE- Act; SEC. 101. SHORT TITLE. MENTS, GIFTS, AND VOLUNTARY (3) the number of times the Commission AND UNCOMPENSATED SERVICES. This title may be cited as the ‘‘Calfed Bay- The Federal Trade Commission Act (15 has used compulsory process on behalf of for- Delta Authorization Act’’. U.S.C. 41 et seq.) is amended— eign law enforcement agencies pursuant to SEC. 102. DEFINITIONS. (1) by redesignating section 26 as section section 6 of the Federal Trade Commission In this title: Act (15 U.S.C. 46), as amended by section 4 of 28; and (1) CALFED BAY-DELTA PROGRAM.—The (2) by inserting after section 25A, as added this Act; terms ‘‘Calfed Bay-Delta Program’’ and (4) a list of international agreements and by section 9 of this Act, the following: ‘‘Program’’ mean the programs, projects, memoranda of understanding executed by ‘‘SEC. 26. REIMBURSEMENT OF EXPENSES. complementary actions, and activities un- the Commission that relate to this Act; ‘‘The Commission may accept payment or dertaken through coordinated planning, im- (5) the number of times the Commission reimbursement, in cash or in kind, from a plementation, and assessment activities of has sought delay of notice pursuant to sec- domestic or foreign law enforcement agency, the State agencies and Federal agencies as tion 21A of the Federal Trade Commission or payment or reimbursement made on beset forth in the Record of Decision. half of such agency, for expenses incurred by Act, as added by section 7 of this Act; (6) a description of the types of informa- (2) CALIFORNIA BAY-DELTA AUTHORITY.—The the Commission, its members, or employees terms ‘‘California Bay-Delta Authority’’ and in carrying out any activity pursuant to a tion private entities have provided voluntarily pursuant to section 21B of the Federal ‘‘Authority’’ mean the California Bay-Delta statute administered by the Commission Authority, as set forth in the California Bay- without regard to any other provision of law. Trade Commission Act, as added by section 8 of this Act; Delta Authority Act (Cal. Water Code § 79400 Any such payments or reimbursements shall et seq.). be considered a reimbursement to the appro- (7) a description of the results of coopera- (3) DELTA.—The term ‘‘Delta’’ has the priated funds of the Commission. tion with foreign law enforcement agencies under section 21 of the Federal Trade Com- meaning given the term in the Record of De- ‘‘SEC. 27. GIFTS AND VOLUNTARY AND UNCOM- cision. PENSATED SERVICES. mission Act (15 U.S.C. 57–2) as amended by (4) ENVIRONMENTAL WATER ACCOUNT.—The ‘‘(a) IN GENERAL.—In furtherance of its section 6 of this Act; functions the Commission may accept, hold, (8) an analysis of whether the lack of an term ‘‘Environmental Water Account’’ administer, and use unconditional gifts, do- exemption from the disclosure requirements means the Cooperative Management Pro- nations, and bequests of real, personal, and of section 552 of title 5, United States Code, gram established under the Record of Deci- other property and, notwithstanding section with regard to information or material vol- sion. 1342 of title 31, United States Code, accept untarily provided relevant to possible unfair (5) FEDERAL AGENCIES.—The term ‘‘Federal voluntary and uncompensated services. or deceptive acts or practices, has hindered agencies’’ means— ‘‘(b) LIMITATIONS.— the Commission in investigating or engaging (A) the Department of the Interior, includ- ‘‘(1) CONFLICTS OF INTEREST.—The Commis- in enforcement proceedings against such ing— sion shall establish written guidelines set- practices; and (i) the Bureau of Reclamation; ting forth criteria to be used in determining (9) a description of Commission litigation (ii) the United States Fish and Wildlife whether the acceptance, holding, adminis- brought in foreign courts. Service; tration, or use of a gift, donation, or bequest SEC. 14. REAUTHORIZATION. (iii) the Bureau of Land Management; and pursuant to subsection (a) would reflect un- The text of section 25 of the Federal Trade (iv) the United States Geological Survey; favorably upon the ability of the Commis- Commission Act (15 U.S.C. 57c) is amended to (B) the Environmental Protection Agency; sion or any employee to carry out its respon- read as follows: (C) the Army Corps of Engineers; sibilities or official duties in a fair and ob- ‘‘There are authorized to be appropriated (D) the Department of Commerce, includ- jective manner, or would compromise the in- to carry out the functions, powers, and du- ing the National Marine Fisheries Service tegrity or the appearance of the integrity of ties of the Commission not to exceed (also known as ‘‘NOAA Fisheries’’); its programs or any official involved in those $224,695,000 for fiscal year 2005, $235,457,000 for (E) the Department of Agriculture, includ- programs. fiscal year 2006, $249,000,000 for fiscal year ing— ‘‘(2) VOLUNTARY SERVICES.—A person who 2007, and $264,000,000 for fiscal year 2008.’’. (i) the Natural Resources Conservation provides voluntary and uncompensated serv- Service; and ice under subsection (a) shall be considered a SA 3663. Mr. FRIST (for Mrs. FEIN- (ii) the Forest Service; and Federal employee for purposes of— (F) the Western Area Power Administra- ‘‘(A) chapter 81 of title 5, United States STEIN (for herself, Mr. DOMENICI, and tion. Code, (relating to compensation for injury); Mr. BINGAMAN)) proposed an amend- (6) FIRM YIELD.—The term ‘‘firm yield’’ and ment to the bill H.R. 2828, to authorize ‘‘(B) the provisions of law relating to eth- means a quantity of water from a project or the Secretary of the Interior to imple- program that is projected to be available on ics, conflicts of interest, corruption, and any ment water supply technology and in- other criminal or civil statute or regulation a reliable basis, given a specified level of governing the standards of conduct for Fed- frastructure programs aimed at in- risk, during a critically dry period. eral employees. creasing and diversifying domestic (7) GOVERNOR.—The term ‘‘Governor’’ ‘‘(3) TORT LIABILITY OF VOLUNTEERS.—A water resources; as follows: means the Governor of the State of Cali- person who provides voluntary and uncom- Strike all after the enacting clause and in- fornia. pensated service under subsection (a), while sert the following: (8) RECORD OF DECISION.—The term ‘‘Record of Decision’’ means the Calfed Bay-Delta assigned to duty, shall be deemed a volun- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Program Record of Decision, dated August teer of a nonprofit organization or govern- (a) SHORT TITLE.—This Act may be cited as 28, 2000. mental entity for purposes of the Volunteer the ‘‘Water Supply, Reliability, and Environ- (9) SECRETARY.—The term ‘‘Secretary’’ Protection Act of 1997 (42 U.S.C. 14501 et mental Improvement Act’’. means the Secretary of the Interior. seq.). Subsection (d) of section 4 of such Act (b) TABLE OF CONTENTS.—The table of con- TATE.—The term ‘‘State’’ means the (42 U.S.C. 14503(d)) shall not apply for pur- tents of this Act is as follows: (10) S poses of any claim against such volunteer.’’. State of California. Sec. 1. Short title; table of contents. SEC. 12. PRESERVATION OF EXISTING AUTHOR- (11) STATE AGENCIES.—The term ‘‘State ITY. TITLE I—CALIFORNIA WATER SECURITY agencies’’ means— The authority provided by this Act, and by AND ENVIRONMENTAL ENHANCEMENT (A) the Resources Agency of California, in- the Federal Trade Commission Act (15 U.S.C. Sec. 101. Short title. cluding—

VerDate Aug 04 2004 04:06 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.090 S15PT1 S9300 CONGRESSIONAL RECORD — SENATE September 15, 2004 (i) the Department of Water Resources; the activities described in paragraphs (1), (2), (I) within the units of the Central Valley (ii) the Department of Fish and Game; (6), (7), (8), and (9) of subsection (d), to the Project; (iii) the Reclamation Board; extent authorized under flood control, water (II) within the area served by Central Val- (iv) the Delta Protection Commission; resource development, and other applicable ley Project agricultural, municipal, and in- (v) the Department of Conservation; law. dustrial water service contractors; and (vi) the San Francisco Bay Conservation (4) SECRETARY OF COMMERCE.—The Sec- (III) within the Calfed Delta solution area. and Development Commission; retary of Commerce is authorized to carry (ii) RELATIONSHIP TO PRIOR STUDY.—In con- (vii) the Department of Parks and Recre- out the activities described in paragraphs (2), ducting the study, the Secretary shall incor- ation; and (6), (7), and (9) of subsection (d), to the extent porate and revise, as necessary, the results (viii) the California Bay-Delta Authority; authorized under the Fish and Wildlife Co- of the study required by section 3408(j) of the (B) the California Environmental Protec- ordination Act (16 U.S.C. 661 et seq.), the En- Central Valley Project Improvement Act of tion Agency, including the State Water Re- dangered Species Act of 1973 (16 U.S.C. 1531 et 1992 (Public Law 102–575; 106 Stat. 4730). sources Control Board; seq.), and other applicable law. (iii) REPORT.—Not later than 1 year after (C) the California Department of Food and (5) SECRETARY OF AGRICULTURE.—The Sec- the date of enactment of this Act, the Sec- Agriculture; and retary of Agriculture is authorized to carry retary shall submit to the appropriate au- (D) the Department of Health Services. out the activities described in paragraphs (3), thorizing and appropriating committees of SEC. 103. BAY DELTA PROGRAM. (5), (6), (7), (8), and (9) of subsection (d), to the Senate and the House of Representatives (a) IN GENERAL.— the extent authorized under title XII of the a report describing the results of the study, Food Security Act of 1985 (16 U.S.C. 3801 et (1) RECORD OF DECISION AS GENERAL FRAME- including— seq.), the Farm Security and Rural Invest- WORK.—The Record of Decision is approved (I) new firm yield and water supply im- ment Act of 2002 (Public Law 107–171; 116 as a general framework for addressing the provements, if any, for Central Valley Stat. 134) (including amendments made by Calfed Bay-Delta Program, including its Project agricultural water service contrac- components relating to water storage, eco- that Act), and other applicable law. tors and municipal and industrial water system restoration, water supply reliability (d) DESCRIPTION OF ACTIVITIES UNDER AP- service contractors, including those identi- (including new firm yield), conveyance, PLICABLE LAW.— fied in Bulletin 160; water use efficiency, water quality, water (1) WATER STORAGE.— (II) all water management actions or transfers, watersheds, the Environmental (A) IN GENERAL.—Activities under this projects, including those identified in Bul- Water Account, levee stability, governance, paragraph consist of— letin 160, that would— and science. (i) planning and feasibility studies for (aa) improve firm yield or water supply; (2) REQUIREMENTS.— projects to be pursued with project-specific and (A) IN GENERAL.—The Secretary and the study for enlargement of— heads of the Federal agencies are authorized (I) the Shasta Dam in Shasta County; and (bb) if taken or constructed, balance avail- to carry out the activities described in sub- (II) the Los Vaqueros Reservoir in Contra able water supplies and existing demand sections (c) through (f) consistent with— Costa County; with due recognition of water right priorities (i) the Record of Decision; (ii) planning and feasibility studies for the and environmental needs; (ii) the requirement that Program activi- following projects requiring further consid- (III) the financial costs of the actions and ties consisting of protecting drinking water eration— projects described under subclause (II); and quality, restoring ecological health, improv- (I) the Sites Reservoir in Colusa County; (IV) the beneficiaries of those actions and ing water supply reliability (including addi- and projects and an assessment of the willingness tional storage, conveyance, and new firm (II) the Upper San Joaquin River storage in of the beneficiaries to pay the capital costs yield), and protecting Delta levees will Fresno and Madera Counties; and operation and maintenance costs of the progress in a balanced manner; and (iii) developing and implementing ground- actions and projects. (iii) this title. water management and groundwater storage (D) MANAGEMENT.—The Secretary shall conduct activities related to developing (B) MULTIPLE BENEFITS.—In selecting ac- projects; and tivities and projects, the Secretary and the (iv) comprehensive water management groundwater storage projects to the extent heads of the Federal agencies shall consider planning. authorized under law. whether the activities and projects have (B) STORAGE PROJECT AUTHORIZATION AND (E) COMPREHENSIVE WATER PLANNING.—The multiple benefits. BALANCED CALFED IMPLEMENTATION.— Secretary shall conduct activities related to (b) AUTHORIZED ACTIVITIES.—The Secretary (i) IN GENERAL.—If on completion of the comprehensive water management planning and the heads of the Federal agencies are au- feasibility study for a project described in to the extent authorized under law. thorized to carry out the activities described clause (i) or (ii) of subparagraph (A), the Sec- (2) CONVEYANCE.— in subsections (c) through (f) in furtherance retary, in consultation with the Governor, (A) SOUTH DELTA ACTIONS.— of the Calfed Bay-Delta Program as set forth determines that the project should be con- (i) IN GENERAL.—In the case of the South in the Record of Decision, subject to the structed in whole or in part with Federal Delta, activities under this subparagraph cost-share and other provisions of this title, funds, the Secretary shall submit the feasi- consist of— if the activity has been— bility study to Congress. (I) the South Delta Improvements Program (1) subject to environmental review and ap- (ii) FINDING OF IMBALANCE.—If Congress through actions to— proval, as required under applicable Federal fails to authorize construction of the project (aa) increase the State Water Project ex- and State law; and by the end of the next full session following port limit to 8,500 cfs; (2) approved and certified by the relevant the submission of the feasibility study, the (bb) install permanent, operable barriers in Federal agency, following consultation and Secretary, in consultation with the Gov- the South Delta, under which Federal agen- coordination with the Governor, to be con- ernor, shall prepare a written determination cies shall cooperate with the State to accel- sistent with the Record of Decision. making a finding of imbalance for the Calfed erate installation of the permanent, operable (c) AUTHORIZATIONS FOR FEDERAL AGENCIES Bay-Delta Program. barriers in the South Delta, with an intent UNDER APPLICABLE LAW.— (iii) REPORT ON REBALANCING.— to complete that installation not later than (1) SECRETARY OF THE INTERIOR.—The Sec- (I) IN GENERAL.—If the Secretary makes a September 30, 2007; retary of the Interior is authorized to carry finding of imbalance for the Program under (cc) evaluate, consistent with the Record out the activities described in paragraphs (1) clause (ii), the Secretary, in consultation of Decision, fish screens and intake facilities through (10) of subsection (d), to the extent with the Governor, shall, not later than 180 at the Tracy Pumping Plant facilities; and authorized under the reclamation laws, the days after the end of the full session de- (dd) increase the State Water Project ex- Central Valley Project Improvement Act scribed in clause (ii), prepare and submit to port to the maximum capability of 10,300 cfs; (title XXXIV of Public Law 102–575; 106 Stat. Congress a report on the measures necessary (II) reduction of agricultural drainage in 4706), the Fish and Wildlife Coordination Act to rebalance the Program. South Delta channels, and other actions nec- (16 U.S.C. 661 et seq.), the Endangered Spe- (II) SCHEDULES AND ALTERNATIVES.—The re- essary to minimize the impact of drainage on cies Act of 1973 (16 U.S.C. 1531 et seq.), and port shall include preparation of revised drinking water quality; other applicable law. schedules and identification of alternatives (III) evaluation of lower San Joaquin River (2) ADMINISTRATOR OF THE ENVIRONMENTAL to rebalance the Program, including resub- floodway improvements; PROTECTION AGENCY.—The Administrator of mission of the project to Congress with or (IV) installation and operation of tem- the Environmental Protection Agency is au- without modification, construction of other porary barriers in the South Delta until thorized to carry out the activities described projects, and construction of other projects fully operable barriers are constructed; and in paragraphs (3), (5), (6), (7), (8), and (9) of that provide equivalent water supply and (V) actions to protect navigation and local subsection (d), to the extent authorized other benefits at equal or lesser cost. diversions not adequately protected by tem- under the Federal Water Pollution Control (C) WATER SUPPLY AND YIELD STUDY.— porary barriers. Act (33 U.S.C. 1251 et seq.), the Safe Drinking (i) IN GENERAL.—The Secretary, acting (ii) ACTIONS TO INCREASE PUMPING.—Ac- Water Act (42 U.S.C. 300f et seq.), and other through the Bureau of Reclamation and in tions to increase pumping shall be accom- applicable law. coordination with the State, shall conduct a plished in a manner consistent with the (3) SECRETARY OF THE ARMY.—The Sec- study of available water supplies and exist- Record of Decision requirement to avoid re- retary of the Army is authorized to carry out ing and future needs for water— directed impacts and adverse impacts to

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fishery protection and with any applicable (v) ACQUISITION OF WATER.—The Secretary (iii) FEASIBILITY DETERMINATIONS.—A Federal or State law that protects— shall incorporate into the program the ac- project described in clause (i) is presumed to (I) water diversions and use (including quisition from willing sellers of water from be feasible if the Secretary determines for avoidance of increased costs of diversion) by streams tributary to the San Joaquin River the project— in-Delta water users (including in-Delta ag- or other sources to provide flow, dilute dis- (I) in consultation with the affected local ricultural users that have historically relied charges of salt or other constituents, and to sponsoring agency and the State, that the on water diverted for use in the Delta); improve water quality in the San Joaquin existing planning and environmental studies (II) water quality for municipal, industrial, River below the confluence of the Merced for the project (together with supporting ma- agricultural, and other uses; and and San Joaquin Rivers, and to reduce the terials and documentation) have been pre- (III) water supplies for areas of origin. reliance on New Melones Reservoir for meet- pared consistent with Bureau of Reclamation (B) NORTH DELTA ACTIONS.—In the case of ing water quality and fishery flow objectives. procedures for projects under consideration the North Delta, activities under this sub- (vi) PURPOSE.—The purpose of the author- for financial assistance under the Reclama- paragraph consist of— ity and direction provided to the Secretary tion Wastewater and Groundwater Study and (i) evaluation and implementation of im- under this subparagraph is to provide greater Facilities Act (43 U.S.C. 390h et seq.); and proved operational procedures for the Delta flexibility in meeting the existing water (II) that the planning and environmental Cross Channel to address fishery and water quality standards and objectives for which studies for the project (together with sup- quality concerns; the Central Valley Project has responsibility porting materials and documentation) dem- (ii) evaluation of a screened through-Delta so as to reduce the demand on water from onstrate that the project will contribute to New Melones Reservoir used for that purpose the goals of improving water supply reli- facility on the Sacramento River; and and to assist the Secretary in meeting any ability in the Calfed solution area or the Col- (iii) evaluation of lower Mokelumne River obligations to Central Valley Project con- orado River Basin within the State and oth- floodway improvements. tractors from the New Melones Project. erwise meets the requirements of section (C) INTERTIES.—Activities under this sub- (vii) UPDATING OF NEW MELONES OPERATING 1604 of the Reclamation Wastewater and paragraph consist of— PLAN.—The Secretary shall update the New Groundwater Study and Facilities Act (43 (i) evaluation and construction of an Melones operating plan to take into account, U.S.C. 390h–2). intertie between the State Water Project among other things, the actions described in (iv) REPORT.—Not later than 90 days after California Aqueduct and the Central Valley this title that are designed to reduce the re- the date of completion of a feasibility study Project Delta Mendota Canal, near the City liance on New Melones Reservoir for meeting or the review of a feasibility study under of Tracy, as an operation and maintenance water quality and fishery flow objectives, this subparagraph, the Secretary shall sub- activity, except that the Secretary shall de- and to ensure that actions to enhance fish- mit to the appropriate authorizing and ap- sign and construct the intertie in a manner eries in the Stanislaus River are based on propriating committees of the Senate and consistent with a possible future expansion the best available science. the House of Representatives a report de- of the intertie capacity (as described in sub- (3) WATER USE EFFICIENCY.— scribing the results of the study or review. section (f)(1)(B)); and (A) WATER CONSERVATION PROJECTS.—Ac- (4) WATER TRANSFERS.—Activities under (ii) assessment of a connection of the Cen- tivities under this paragraph include water this paragraph consist of— tral Valley Project to the Clifton Court conservation projects that provide water (A) increasing the availability of existing Forebay of the State Water Project, with a supply reliability, water quality, and eco- facilities for water transfers; corresponding increase in the screened in- system benefits to the California Bay-Delta (B) lowering transaction costs through per- take of the Forebay. system. mit streamlining; and (D) PROGRAM TO MEET STANDARDS.— (B) TECHNICAL ASSISTANCE.—Activities (C) maintaining a water transfer informa- (i) IN GENERAL.—Prior to increasing export under this paragraph include technical as- tion clearinghouse. limits from the Delta for the purposes of sistance for urban and agricultural water (5) INTEGRATED REGIONAL WATER MANAGE- conveying water to south-of-Delta Central conservation projects. MENT PLANS.—Activities under this para- Valley Project contractors or increasing de- (C) WATER RECYCLING AND DESALINATION graph consist of assisting local and regional liveries through an intertie, the Secretary PROJECTS.—Activities under this paragraph communities in the State in developing and shall, not later than 1 year after the date of include water recycling and desalination implementing integrated regional water enactment of this Act, in consultation with projects, including groundwater remediation management plans to carry out projects and the Governor, develop and initiate imple- projects and projects identified in the Bay programs that improve water supply reli- mentation of a program to meet all existing Area Water Plan and the Southern California ability, water quality, ecosystem restora- water quality standards and objectives for Comprehensive Water Reclamation and tion, and flood protection, or meet other which the Central Valley Project has respon- Reuse Study and other projects, giving pri- local and regional needs, in a manner that is sibility. ority to projects that include regional solu- consistent with, and makes a significant (ii) MEASURES.—In developing and imple- tions to benefit regional water supply and re- contribution to, the Calfed Bay-Delta Pro- menting the program, the Secretary shall in- liability needs. gram. clude, to the maximum extent feasible, the (D) WATER MEASUREMENT AND TRANSFER AC- (6) ECOSYSTEM RESTORATION.— measures described in clauses (iii) through TIONS.—Activities under this paragraph in- (A) IN GENERAL.—Activities under this (vii). clude water measurement and transfer ac- paragraph consist of— (iii) RECIRCULATION PROGRAM.—The Sec- tions. (i) implementation of large-scale restora- retary shall incorporate into the program a (E) URBAN WATER CONSERVATION.—Activi- tion projects in San Francisco Bay and the recirculation program to provide flow, re- ties under this paragraph include implemen- Delta and its tributaries; duce salinity concentrations in the San Joa- tation of best management practices for (ii) restoration of habitat in the Delta, San quin River, and reduce the reliance on the urban water conservation. Pablo Bay, and Suisun Bay and Marsh, in- New Melones Reservoir for meeting water (F) RECLAMATION AND RECYCLING cluding tidal wetland and riparian habitat; quality and fishery flow objectives through PROJECTS.— (iii) fish screen and fish passage improve- the use of excess capacity in export pumping (i) PROJECTS.—This subparagraph applies ment projects, including the Sacramento and conveyance facilities. to— River Small Diversion Fish Screen Program; (iv) BEST MANAGEMENT PRACTICES PLAN.— (I) projects identified in the Southern Cali- (iv) implementation of an invasive species (I) IN GENERAL.—The Secretary shall de- fornia Comprehensive Water Reclamation program, including prevention, control, and velop and implement, in coordination with and Reuse Study, dated April 2001 and au- eradication; the State’s programs to improve water qual- thorized by section 1606 of the Reclamation (v) development and integration of Federal ity in the San Joaquin River, a best manage- Wastewater and Groundwater Study and Fa- and State agricultural programs that benefit ment practices plan to reduce the water cilities Act (43 U.S.C. 390h–4); and wildlife into the Ecosystem Restoration Pro- quality impacts of the discharges from wild- (II) projects identified in the San Fran- gram; life refuges that receive water from the Fed- cisco Bay Area Regional Water Recycling (vi) financial and technical support for lo- eral Government and discharge salt or other Program described in the San Francisco Bay cally-based collaborative programs to re- constituents into the San Joaquin River. Area Regional Water Recycling Program Re- store habitat while addressing the concerns (II) COORDINATION WITH INTERESTED PAR- cycled Water Master Plan, dated December of local communities; TIES.—The plan shall be developed in coordi- 1999 and authorized by section 1611 of the (vii) water quality improvement projects nation with interested parties in the San Reclamation Wastewater and Groundwater to manage or reduce concentrations of salin- Joaquin Valley and the Delta. Study and Facilities Act (43 U.S.C. 390h–9). ity, selenium, mercury, pesticides, trace (III) COORDINATION WITH ENTITIES THAT DIS- (ii) DEADLINE.—Not later than 180 days metals, dissolved oxygen, turbidity, sedi- CHARGE WATER.—The Secretary shall also co- after the date of enactment of this Act, the ment, and other pollutants; ordinate activities under this clause with Secretary shall— (viii) land and water acquisitions to im- other entities that discharge water into the (I) complete the review of the existing prove habitat and fish spawning and survival San Joaquin River to reduce salinity con- studies of the projects described in clause (i); in the Delta and its tributaries; centrations discharged into the River, in- and (ix) integrated flood management, eco- cluding the timing of discharges to optimize (II) make the feasibility determinations system restoration, and levee protection their assimilation. described in clause (iii). projects;

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(x) scientific evaluations and targeted re- (ii) CONTENTS.—The recommendations its contract with the Bureau of Reclamation, search on Program activities; and shall— dated July 20, 2001, in order to determine if (xi) strategic planning and tracking of Pro- (I) describe the selection of the program or such capacity can be utilized to meet the ob- gram performance. project, including the level of public involve- jectives of this subparagraph; (B) REPORTING REQUIREMENTS.—The Sec- ment and independent science review; (H) development of water quality ex- retary or the head of the relevant Federal (II) describe the goals, objectives, and im- changes and other programs to make high agency (as appropriate under clause (ii)) plementation schedule of the program or quality water available for urban and other shall provide to the appropriate authorizing project, and the extent to which the program users; committees of the Senate and the House of or project addresses regional and pro- (I) development and implementation of a Representatives and other appropriate par- grammatic goals and priorities; plan to meet all Delta water quality stand- ties in accordance with this subparagraph— (III) describe the monitoring plans and per- ards for which the Federal and State water (i) an annual ecosystem program plan re- formance measures that will be used for projects have responsibility; port in accordance with subparagraph (C); evaluating the performance of the proposed (J) development of recommendations and program or project; through science panels and advisory council (ii) detailed project reports in accordance (IV) identify any cost-sharing arrange- processes to meet the Calfed Bay-Delta Pro- with subparagraph (D). ments with cooperating entities; gram goal of continuous improvement in (V) identify how the proposed program or (C) ANNUAL ECOSYSTEM PROGRAM PLAN.— water quality for all uses; and project will comply with all applicable Fed- (i) IN GENERAL.—Not later than October 1 (K) projects that are consistent with the eral and State laws, including the National of each year, with respect to each ecosystem framework of the water quality component Environmental Policy Act of 1969 (42 U.S.C. restoration action carried out using Federal of the Calfed Bay-Delta Program. 4321 et seq.); and funds under this title, the Secretary, in con- (9) SCIENCE.—Activities under this para- (VI) in the case of any program or project sultation with the Governor, shall submit to graph consist of— involving the acquisition of private land the appropriate authorizing committees of (A) supporting establishment and mainte- using Federal funds under this title— the Senate and the House of Representatives nance of an independent science board, tech- (aa) describe the process and timing of no- an annual ecosystem program plan report. nical panels, and standing boards to provide tification of interested members of the pub- oversight and peer review of the Program; (ii) PURPOSES.—The purposes of the report lic and local governments; are— (B) conducting expert evaluations and sci- (bb) describe the measures taken to mini- entific assessments of all Program elements; (I) to describe the projects and programs to mize impacts on agricultural land pursuant implement this subsection in the following (C) coordinating existing monitoring and to the Record of Decision; and scientific research programs; fiscal year; and (cc) include preliminary management (II) to establish priorities for funding the (D) developing and implementing adaptive plans for all properties to be acquired with management experiments to test, refine, and projects and programs for subsequent fiscal Federal funds, including an overview of ex- years. improve scientific understandings; isting conditions (including habitat types in (E) establishing performance measures, (iii) CONTENTS.—The report shall describe— the affected project area), the expected eco- (I) the goals and objectives of the programs and monitoring and evaluating the perform- logical benefits, preliminary cost estimates, ance of all Program elements; and and projects; and implementation schedules. (F) preparing an annual science report. (II) program accomplishments; (7) WATERSHEDS.—Activities under this (10) DIVERSIFICATION OF WATER SUPPLIES.— (III) major activities of the programs; paragraph consist of— Activities under this paragraph consist of ac- (IV) the Federal agencies involved in each (A) building local capacity to assess and tions to diversify sources of level 2 refuge project or program identified in the plan and manage watersheds affecting the Delta sys- supplies and modes of delivery to refuges the cost-share arrangements with cooper- tem; while maintaining the diversity of level 4 ating agencies; (B) technical assistance for watershed as- supplies pursuant to section 3406(d)(2) of the (V) the resource data and ecological moni- sessments and management plans; and Central Valley Project Improvement Act toring data to be collected for the restora- (C) developing and implementing locally- tion projects and how the data are to be inte- based watershed conservation, maintenance, (Public Law 102–575; 106 Stat. 4723). grated, streamlined, and designed to measure and restoration actions. (e) NEW AND EXPANDED AUTHORIZATIONS the effectiveness and overall trend of eco- (8) WATER QUALITY.—Activities under this FOR FEDERAL AGENCIES.— system health in the Bay-Delta watershed; paragraph consist of— (1) IN GENERAL.—The heads of the Federal (VI) implementation schedules and budg- (A) addressing drainage problems in the agencies described in this subsection are au- ets; San Joaquin Valley to improve downstream thorized to carry out the activities described (VII) existing monitoring programs and water quality (including habitat restoration in subsection (f) during each of fiscal years performance measures; projects that improve water quality) if— 2005 through 2010, in coordination with the (VIII) the status and effectiveness of meas- (i) a plan is in place for monitoring down- Governor. ures to minimize the impacts of the program stream water quality improvements; and (2) SECRETARY OF THE INTERIOR.—The Sec- on agricultural land; and (ii) State and local agencies are consulted retary of the Interior is authorized to carry (IX) a description of expected benefits of on the activities to be funded; out the activities described in paragraphs (1), the restoration program relative to the cost. except that no right, benefit, or privilege is (2), and (4) of subsection (f). (iv) SPECIAL RULE FOR LAND ACQUISITION created as a result of this subparagraph; (3) ADMINISTRATOR OF THE ENVIRONMENTAL USING FEDERAL FUNDS.—For each ecosystem (B) implementation of source control pro- PROTECTION AGENCY AND THE SECRETARIES OF restoration project involving land acquisi- grams in the Delta and its tributaries; AGRICULTURE AND COMMERCE.—The Adminis- tion using Federal funds under this title, the (C) developing recommendations through trator of the Environmental Protection Secretary shall— scientific panels and advisory council proc- Agency, the Secretary of Agriculture, and (I) identify the specific parcels to be ac- esses to meet the Calfed Bay-Delta Program the Secretary of Commerce are authorized to quired in the annual ecosystem program plan goal of continuous improvement in Delta carry out the activities described in sub- report under this subparagraph; or water quality for all uses; section (f)(4). (II) not later than 150 days before the (D) investing in treatment technology (4) SECRETARY OF THE ARMY.—The Sec- project is approved, provide to the appro- demonstration projects; retary of the Army is authorized to carry out priate authorizing committees of the Senate (E) controlling runoff into the California the activities described in paragraphs (3) and and the House of Representatives, the United aqueduct, the Delta-Mendota Canal, and (4) of subsection (f). States Senators from the State, and the other similar conveyances; (f) DESCRIPTION OF ACTIVITIES UNDER NEW United States Representative whose district (F) addressing water quality problems at AND EXPANDED AUTHORIZATIONS.— would be affected, notice of any such pro- the North Bay Aqueduct; (1) CONVEYANCE.—Of the amounts author- posed land acquisition using Federal funds (G) supporting and participating in the de- ized to be appropriated under section 109, not under this title submitted to the Federal or velopment of projects to enable San Fran- more than $184,000,000 may be expended for State agency. cisco Bay Area water districts, and water en- the following: (D) DETAILED PROJECT REPORTS.— tities in San Joaquin and Sacramento Coun- (A) SAN LUIS RESERVOIR.—Funds may be ex- (i) IN GENERAL.—In the case of each eco- ties, to work cooperatively to address their pended for feasibility studies, evaluation, system restoration program or project fund- water quality and supply reliability issues, and implementation of the San Luis Res- ed under this title that is not specifically including— ervoir lowpoint improvement project, except identified in an annual ecosystem program (i) connections between aqueducts, water that Federal participation in any construc- plan under subparagraph (C), not later than transfers, water conservation measures, in- tion of an expanded Pacheco Reservoir shall 45 days prior to approval, the Secretary, in stitutional arrangements, and infrastructure be subject to future congressional authoriza- coordination with the State, shall submit to improvements that encourage regional ap- tion. the appropriate authorizing committees of proaches; and (B) INTERTIE.—Funds may be expended for the Senate and the House of Representatives (ii) investigations and studies of available feasibility studies and evaluation of in- recommendations on the proposed program capacity in a project to deliver water to the creased capacity of the intertie between the or project. East Bay Municipal Utility District under State Water Project California Aqueduct and

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.058 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9303 the Central Valley Project Delta Mendota (20) through (22) of section 3406(b) of that ficiary pays provisions of the Record of Deci- Canal. Act. sion; (C) FRANKS TRACT.—Funds may be ex- (iii) FEDERAL FUNDING.—The $10,000,000 lim- (v) coordination of public outreach and in- pended for feasibility studies and actions at itation on the use of the Restoration Fund volvement, including tribal, environmental Franks Tract to improve water quality in for the Environmental Water Account under justice, and public advisory activities in ac- the Delta. clause (i) does not limit the appropriate cordance with the Federal Advisory Com- (D) CLIFTON COURT FOREBAY AND THE TRACY amount of Federal funding for the Environ- mittee Act (5 U.S.C. App.); and PUMPING PLANT.—Funds may be expended for mental Water Account. (vi) development of Annual Reports. feasibility studies and design of fish screen (3) LEVEE STABILITY.— (B) PROGRAM-WIDE ACTIVITIES.—Of the and intake facilities at Clifton Court (A) IN GENERAL.—For purposes of imple- amount referred to in subparagraph (A), not Forebay and the Tracy Pumping Plant facili- menting the Calfed Bay-Delta Program with- less than 50 percent of the appropriated ties. in the Delta (as defined in Cal. Water Code § amount shall be provided to the California (E) DRINKING WATER INTAKE FACILITIES.— 12220)), the Secretary of the Army is author- Bay-Delta Authority to carry out Program- (i) IN GENERAL.—Funds may be expended ized to undertake the construction and im- wide management, oversight, and coordina- for design and construction of the relocation plementation of levee stability programs or tion activities. of drinking water intake facilities to in- projects for such purposes as flood control, SEC. 104. MANAGEMENT. Delta water users. ecosystem restoration, water supply, water (a) COORDINATION.—In carrying out the (ii) DRINKING WATER QUALITY.—The Sec- conveyance, and water quality objectives. Calfed Bay-Delta Program, the Federal agen- retary shall coordinate actions for relocating (B) REPORT.—Not later than 180 days after cies shall coordinate their activities with intake facilities on a time schedule con- the date of enactment of this Act, the Sec- the State agencies. sistent with subsection (d)(2)(A)(i)(I)(bb) or retary of the Army shall submit to the ap- (b) PUBLIC PARTICIPATION.—In carrying out take other actions necessary to offset the propriate authorizing and appropriating the Calfed Bay-Delta Program, the Federal degradation of drinking water quality in the committees of the Senate and the House of agencies shall cooperate with local and trib- Delta due to the South Delta Improvement Representatives a report that describes the al governments and the public through an Program. levee stability reconstruction projects and advisory committee established in accord- (F) NEW MELONES RESERVOIR.— priorities that will be carried out under this ance with the Federal Advisory Committee (i) IN GENERAL.—In addition to the other title during each of fiscal years 2005 through Act (5 U.S.C. App.) and other appropriate authorizations granted to the Secretary by 2010. means, to seek input on Program planning this title, the Secretary shall acquire water (C) SMALL FLOOD CONTROL PROJECTS.—Not- and design, technical assistance, and devel- from willing sellers and undertake other ac- withstanding the project purpose, the au- opment of peer review science programs. tions designed to decrease releases from the thority granted under section 205 of the (c) SCIENCE.—In carrying out the Calfed New Melones Reservoir for meeting water Flood Control Act of 1948 (33 U.S.C. 701s) Bay-Delta Program, the Federal agencies quality standards and flow objectives for shall apply to each project authorized under shall seek to ensure, to the maximum extent which the Central Valley Project has respon- this paragraph. practicable, that— sibility to assist in meeting allocations to (D) PROJECTS.—Of the amounts authorized (1) all major aspects of implementing the Central Valley Project contractors from the to be appropriated under section 109, not Program are subjected to credible and objec- New Melones Project. more than $90,000,000 may be expended to— tive scientific review; and (ii) PURPOSE.—The authorization under (i) reconstruct Delta levees to a base level (2) major decisions are based upon the best this subparagraph is solely meant to add of protection (also known as the ‘‘Public available scientific information. flexibility for the Secretary to meet any ob- Law 84–99 standard’’); (d) GOVERNANCE.— ligations of the Secretary to the Central Val- (ii) enhance the stability of levees that (1) IN GENERAL.—In carrying out the Calfed ley Project contractors from the New have particular importance in the system Bay-Delta Program, the Secretary and the Melones Project by reducing demand for through the Delta Levee Special Improve- Federal agency heads are authorized to par- water dedicated to meeting water quality ment Projects Program; ticipate as nonvoting members of the Cali- standards in the San Joaquin River. (iii) develop best management practices to fornia Bay-Delta Authority, as established in (iii) FUNDING.—Of the amounts authorized control and reverse land subsidence on Delta the California Bay-Delta Authority Act (Cal. to be appropriated under section 109, not islands; Water Code § 79400 et seq.), to the extent con- more than $30,000,000 may be expended to (iv) develop a Delta Levee Emergency Man- sistent with Federal law, for the full dura- carry out clause (i). agement and Response Plan that will en- tion of the period the Authority continues to (G) RECIRCULATION OF EXPORT WATER.— hance the ability of Federal, State, and local be authorized by State law. Funds may be used to conduct feasibility agencies to rapidly respond to levee emer- (2) RELATIONSHIP TO FEDERAL LAW AND studies, evaluate, and, if feasible, implement gencies; AGENCIES.—Nothing in this subsection shall the recirculation of export water to reduce (v) develop a Delta Risk Management preempt or otherwise affect any Federal law salinity and improve dissolved oxygen in the Strategy after assessing the consequences of or limit the statutory authority of any Fed- San Joaquin River. Delta levee failure from floods, seepage, sub- eral agency. (2) ENVIRONMENTAL WATER ACCOUNT.— sidence, and earthquakes; (3) CALIFORNIA BAY-DELTA AUTHORITY.— (A) IN GENERAL.—Of the amounts author- (vi) reconstruct Delta levees using, to the (A) ADVISORY COMMITTEE.—The California ized to be appropriated under section 109, not maximum extent practicable, dredged mate- Bay-Delta Authority shall not be considered more than $90,000,000 may be expended for rials from the Sacramento River, the San an advisory committee within the meaning implementation of the Environmental Water Joaquin River, and the San Francisco Bay in of the Federal Advisory Committee Act (5 Account. reconstructing Delta levees; U.S.C. App.). (B) NONREIMBURSABLE FEDERAL EXPENDI- (vii) coordinate Delta levee projects with (B) FINANCIAL INTEREST.—The financial in- TURE.—Expenditures under subparagraph (A) flood management, ecosystem restoration, terests of the California Bay-Delta Author- shall be considered a nonreimbursable Fed- and levee protection projects of the lower ity shall not be imputed to any Federal offi- eral expenditure in recognition of the pay- San Joaquin River and lower Mokelumne cial participating in the Authority. ments of the contractors of the Central Val- River floodway improvements and other (C) ETHICS REQUIREMENTS.—A Federal offi- ley Project to the Restoration Fund created projects under the Sacramento-San Joaquin cial participating in the California Bay- by the Central Valley Project Improvement Comprehensive Study; and Delta Authority shall remain subject to Fed- Act (Title XXXIV of Public Law 102–575; 106 (viii) evaluate and, if appropriate, rehabili- eral financial disclosure and conflict of in- Stat. 4706). tate the Suisun Marsh levees. terest laws and shall not be subject to State (C) USE OF RESTORATION FUND.— (4) PROGRAM MANAGEMENT, OVERSIGHT, AND financial disclosure and conflict of interest (i) IN GENERAL.—Of the amounts appro- COORDINATION.— laws. priated for the Restoration Fund for each fis- (A) IN GENERAL.—Of the amounts author- (e) ENVIRONMENTAL JUSTICE.—The Federal cal year, an amount not to exceed $10,000,000 ized to be appropriated under section 109, not agencies, consistent with Executive Order for any fiscal year may be used to implement more than $25,000,000 may be expended by the 12898 (59 Fed. Reg. 7629), should continue to the Environmental Water Account to the ex- Secretary or the other heads of Federal collaborate with State agencies to— tent those actions are consistent with the agencies, either directly or through grants, (1) develop a comprehensive environmental fish and wildlife habitat restoration and im- contracts, or cooperative agreements with justice workplan for the Calfed Bay-Delta provement purposes of the Central Valley agencies of the State, for— Program; and Project Improvement Act. (i) Program support; (2) fulfill the commitment to addressing (ii) ACCOUNTING.—Any such use of the Res- (ii) Program-wide tracking of schedules, fi- environmental justice challenges referred to toration Fund shall count toward the 33 per- nances, and performance; in the Calfed Bay-Delta Program Environ- cent of funds made available to the Restora- (iii) multiagency oversight and coordina- mental Justice Workplan, dated December tion Fund that, pursuant to section 3407(a) of tion of Program activities to ensure Pro- 13, 2000. the Central Valley Project Improvement gram balance and integration; (f) LAND ACQUISITION.—Federal funds ap- Act, are otherwise authorized to be appro- (iv) development of interagency cross-cut propriated by Congress specifically for im- priated to the Secretary to carry out para- budgets and a comprehensive finance plan to plementation of the Calfed Bay-Delta Pro- graphs (4) through (6), (10) through (18), and allocate costs in accordance with the bene- gram may be used to acquire fee title to land

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.058 S15PT1 S9304 CONGRESSIONAL RECORD — SENATE September 15, 2004 only where consistent with the Record of De- under section 404(a) of the Federal Water (3) a budget for the proposed projects (in- cision. Pollution Control Act (33 U.S.C. 1344(a))) for cluding a description of the project, author- SEC. 105. REPORTING REQUIREMENTS. implementation of projects in all identified ization level, and project status) to be car- (a) REPORT.— Program areas; ried out in the upcoming fiscal year with the (1) IN GENERAL.—Not later than February (M) progress in achieving benefits in all ge- Federal portion of funds for activities under 15 of each year, the Secretary, in cooperation ographic regions covered by the Program; subsections (b) through (f) of section 103; and with the Governor, shall submit to the ap- (N) legislative action on— (4) a listing of all projects to be under- propriate authorizing and appropriating (i) water transfer; taken in the upcoming fiscal year with the committees of the Senate and the House of (ii) groundwater management; Federal portion of funds for activities under Representatives a report that— (iii) water use efficiency; and subsections (b) through (f) of section 103. (A) describes the status of implementation (iv) governance; SEC. 107. FEDERAL SHARE OF COSTS. of all components of the Calfed Bay-Delta (O) the status of complementary actions; (a) IN GENERAL.—The Federal share of the Program; (P) the status of mitigation measures; and cost of implementing the Calfed Bay-Delta (B) sets forth any written determination (Q) revisions to funding commitments and Program for fiscal years 2005 through 2010 in resulting from the review required under Program responsibilities. the aggregate, as set forth in the Record of subsection (b) or section 103(d)(1)(B); and (b) ANNUAL REVIEW OF PROGRESS AND BAL- Decision, shall not exceed 33.3 percent. ANCE.— (C) includes any revised schedule prepared (b) PAYMENT FOR BENEFITS.—The Secretary under subsection (b) or section (1) IN GENERAL.—Not later than November shall ensure that all beneficiaries, including 103(d)(1)(B)(iii)(II). 15 of each year, the Secretary, in cooperation beneficiaries of environmental restoration with the Governor, shall review progress in (2) CONTENTS.—The report required under and other Calfed program elements, shall paragraph (1) shall describe— implementing the Calfed Bay-Delta Program pay for the benefit received from all projects (A) the progress of the Calfed Bay-Delta based on— or activities carried out under the Calfed Program in meeting the implementation (A) consistency with the Record of Deci- Bay-Delta Program. sion; and schedule for the Program in a manner con- (c) INTEGRATED RESOURCE PLANNING.—Fed- sistent with the Record of Decision; (B) balance in achieving the goals and ob- eral expenditures for the Calfed Bay-Delta (B) the status of implementation of all jectives of the Calfed Bay-Delta Program. Program shall be implemented in a manner components of the Program; (2) REVISED SCHEDULE.—If, at the conclu- that encourages integrated resource plan- (C) expenditures in the past fiscal year for sion of each such annual review or if a time- ning. implementing the Program; ly annual review is not undertaken, the Sec- retary or the Governor determines in writing SEC. 108. COMPLIANCE WITH STATE AND FED- (D) accomplishments during the past fiscal ERAL LAW. that either the Program implementation year in achieving the objectives of additional Nothing in this title— schedule has not been substantially adhered and improved— (1) invalidates or preempts State water law to, or that balanced progress in achieving (i) water storage; or an interstate compact governing water; the goals and objectives of the Program is (ii) water quality, including— (2) alters the rights of any State to any ap- not occurring, the Secretary and the Gov- (I) the water quality targets described in propriated share of the waters of any body of ernor, in coordination with the Bay-Delta section 2.2.9 of the Record of Decision; and surface or ground water; Public Advisory Committee, shall prepare a (II) any pending actions that may affect (3) preempts or modifies any State or Fed- revised schedule to achieve balanced the ability of the Calfed Bay-Delta Program eral law or interstate compact governing progress in all Calfed Bay-Delta Program to achieve those targets and requirements; water quality or disposal; elements consistent with the intent of the (iii) water use efficiency; (4) confers on any non-Federal entity the Record of Decision. (iv) ecosystem restoration; ability to exercise any Federal right to the (c) FEASIBILITY STUDIES.—Any feasibility (v) watershed management; studies completed as a result of this title waters of any stream or to any ground water (vi) levee system integrity; shall include identification of project bene- resource; or (vii) water transfers; fits and a cost allocation plan consistent (5) alters or modifies any provision of ex- (viii) water conveyance; with the beneficiaries pay provisions of the isting Federal law, except as specifically pro- (ix) water supply reliability (including new Record of Decision. vided in this title. firm yield), including progress in achieving SEC. 106. CROSSCUT BUDGET. SEC. 109. AUTHORIZATION OF APPROPRIATION. the water supply targets described in section (a) IN GENERAL.—The President’s budget There are authorized to be appropriated to 2.2.4 of the Record of Decision and any pend- shall include such requests as the President the Secretary and the heads of the Federal ing actions that may affect the ability of the considers necessary and appropriate for the agencies to pay the Federal share of the cost Calfed Bay-Delta Program to achieve those appropriate level of funding for each of the of carrying out the new and expanded au- targets; and Federal agencies to carry out its responsibil- thorities described in subsections (e) and (f) (x) the uses and assets of the environ- ities under the Calfed Bay-Delta Program. of section 103 $389,000,000 for the period of fis- mental water account described in section (b) REQUESTS BY FEDERAL AGENCIES.—The cal years 2005 through 2010, to remain avail- 2.2.7 of the Record of Decision; funds shall be requested for the Federal able until expended. (E) Program goals, current schedules, and agency with authority and programmatic re- TITLE II—MISCELLANEOUS relevant financing agreements, including sponsibility for the obligation of the funds, funding levels necessary to achieve comple- in accordance with subsections (b) through SEC. 201. SALTON SEA STUDY PROGRAM. tion of the feasibility studies and environ- (f) of section 103. Not later than December 31, 2006, the Sec- mental documentation for the surface stor- (c) REPORT.—Not later than 30 days after retary of the Interior, in coordination with age projects identified in section 103 by not submission of the budget of the President to the State of California and the Salton Sea later than September 30, 2008; Congress, the Director of the Office of Man- Authority, shall complete a feasibility study (F) progress on— agement and Budget, in coordination with on a preferred alternative for Salton Sea res- (i) storage projects; the Governor, shall submit to the appro- toration. (ii) conveyance improvements; priate authorizing and appropriating com- SEC. 202. ALDER CREEK WATER STORAGE AND (iii) levee improvements; mittees of the Senate and the House of Rep- CONSERVATION PROJECT FEASI- (iv) water quality projects; and resentatives a financial report certified by BILITY STUDY AND REPORT. (v) water use efficiency programs; the Secretary containing— (a) STUDY.—Pursuant to Federal reclama- (G) completion of key projects and mile- (1) an interagency budget crosscut report tion law (the Act of June 17, 1902 (32 Stat. stones identified in the Ecosystem Restora- that— 388, chapter 1093), and Acts supplemental to tion Program, including progress on project (A) displays the budget proposed, including and amendatory of that Act (43 U.S.C. 371 et effectiveness, monitoring, and accomplish- any interagency or intra-agency transfer, for seq.)), the Secretary of the Interior (referred ments; each of the Federal agencies to carry out the to in this section as the ‘‘Secretary’’), (H) development and implementation of Calfed Bay-Delta Program for the upcoming through the Bureau of Reclamation, and in local programs for watershed conservation fiscal year, separately showing funding re- consultation and cooperation with the El Do- and restoration; quested under both pre-existing authorities rado Irrigation District, is authorized to con- (I) progress in improving water supply reli- and under the new authorities granted by duct a study to determine the feasibility of ability and implementing the Environmental this title; and constructing a project on Alder Creek in El Water Account; (B) identifies all expenditures since 1998 by Dorado County, California, to store water (J) achievement of commitments under the the Federal and State governments to and provide water supplies during dry and Endangered Species Act of 1973 (16 U.S.C. achieve the objectives of the Calfed Bay- critically dry years for consumptive use, 1531 et seq.) and endangered species law of Delta Program; recreation, in-stream flows, irrigation, and the State; (2) a detailed accounting of all funds re- power production. (K) implementation of a comprehensive ceived and obligated by all Federal agencies (b) REPORT.— science program; and State agencies responsible for imple- (1) TRANSMISSION.—On completion of the (L) progress toward acquisition of the Fed- menting the Calfed Bay-Delta Program dur- study authorized by subsection (a), the Sec- eral and State permits (including permits ing the previous fiscal year; retary shall transmit to the Committee on

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.058 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9305 Resources of the House of Representatives the Alaska Native Claims Settlement Agenda Item 31: H.R. 1113—To au- and the Committee on Energy and Natural Act related to Cape Fox Corporation thorize an exchange of land at Fort Resources of the Senate a report containing and Sealaska Corporation, and for Frederica National Monument, and for the results of the study. other purposes. other purposes. (2) CONTENTS OF REPORT.—The report shall Agenda Item 12: S. 1462—A bill to ad- contain appropriate cost sharing options for Agenda Item 32: H.R. 1446—To sup- the implementation of the project based on just the boundary of the Cumberland port the efforts of the California Mis- the use and possible allocation of any stored Island Wilderness, to authorize tours of sions Foundation to restore and repair water. the Cumberland Island National Sea- the Spanish colonial and mission-era (3) USE OF AVAILABLE MATERIALS.—In devel- shore, and for other purposes. missions in the State of California and oping the report under this section, the Sec- Agenda Item 13: S. 1466—A bill to fa- to preserve the artworks and artifacts retary shall use reports and any other rel- cilitate the transfer of land in the of these missions, and for other pur- evant information supplied by the El Dorado State of Alaska, and for other purposes. Irrigation District. poses. Agenda Item 33: H.R. 1964—To assist (c) COST SHARE.— Agenda Item 14: S. 1614—A bill to des- (1) FEDERAL SHARE.—The Federal share of the States of Connecticut, New Jersey, the costs of the feasibility study authorized ignate a portion of White Salmon River New York, and Pennsylvania in con- by this section shall not exceed 50 percent of as a component of the National Wild serving priority lands and natural re- the total cost of the study. and Scenic Rivers System. sources in the Highlands region, and (2) IN-KIND CONTRIBUTION FOR NON-FEDERAL Agenda Item 15: S. 1649—A bill to des- for other purposes. SHARE.—The Secretary may accept as part of ignate the Ojito Wilderness Study Area Agenda Item 34: H.R. 2010—To protect the non-Federal cost share the contribution as wilderness, to take certain land into the voting rights of members of the such in-kind services by the El Dorado Irri- trust for the Pueblo of Zia, and for Armed Services in elections for the gation District as the Secretary determines other purposes. will contribute to the conduct and comple- Delegate representing American Agenda Item 16: S. 1678—A bill to pro- Samoa in the United States House of tion of the study. vide for the establishment of the (d) AUTHORIZATION OF APPROPRIATIONS.— Representatives, and for other pur- There is authorized to be appropriated to Uintah Research and Curatorial Center poses. carry out this section $3,000,000. for Dinosaur National Monument in Agenda Item 35: H.R. 3706—To adjust SEC. 203. FOLSOM RESERVOIR TEMPERATURE the States of Colorado and Utah, and the boundary of the John Muir Na- CONTROL DEVICE AUTHORIZATION. for other purposes. tional Historic site, and for other pur- Section 1(c) of Public Law 105–295 (112 Stat. Agenda Item 17: S. 1852—A bill to poses. 2820) (as amended by section 219(b) of Public provide financial assistance for the re- Agenda Item 36: H.R. 4516—To require Law 108–137 (117 Stat. 1853)) is amended in habilitation of the Benjamin Franklin the Secretary of Energy to carry out a the second sentence by striking ‘‘$3,500,000’’ National Memorial in Philadelphia, and inserting ‘‘$6,250,000’’. program of research and development Pennsylvania, and the development of to advance high-end computing. f an exhibit to commemorate the 300th In addition, the committee may turn AUTHORITY FOR COMMITTEES TO anniversary of the birth of Benjamin to any other measures that are ready MEET Franklin. for consideration. Agenda Item 18: S. 1876—A bill to au- COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without TRANSPORTATION thorize the Secretary of the Interior to objection, it is so ordered. Mr. FRIST. Mr. President, I ask convey certain lands and facilities of COMMITTEE ON FINANCE unanimous consent that the Com- the Provo River Project. Mr. FRIST. Mr. President, I ask Agenda Item 19: S. 2086—A bill to merce, Science, and Transportation unanimous consent that the Com- amend the Surface Mining Control and Committee be authorized to meet on mittee on Finance be authorized to Reclamation Act of 1977 to improve the Wednesday, September 15, 2004, at 10 meet in open executive session during reclamation of abandoned mines. a.m., on ‘‘Impacts of Climate Change.’’ the session on September 15, 2004, at 10 Agenda Item 20: S. 2142—A bill to au- The PRESIDING OFFICER. Without a.m., to consider favorably reporting S. thorize appropriations for the New Jer- objection, it so ordered. 333, a bill to promote elder justice, and sey Coastal Heritage Trail Route, and the nomination of Joey Russell George, COMMITTEEE ON ENERGY AND NATURAL for other purposes. RESOURCES Agenda Item 21: S. 2181—A bill to ad- to be Treasury Inspector General for Mr. FRIST. Mr. President, I ask just the boundary of Rocky Mountain Tax Administration, U.S. Department unanimous consent that the Com- National Park in the State of Colorado. of Treasury. mittee on Energy and Natural Re- Agenda Item 23: S. 2334—A bill to des- The PRESIDING OFFICER. Without sources be authorized to meet during ignate certain National Forest System objection, it is so ordered. the session of the Senate, on Wednes- land in the Commonwealth of Puerto COMMITTEE ON FOREIGN RELATIONS day, September 15 at 9:30 a.m., to con- Rico as components of the National Mr. FRIST. Mr. President, I ask sider pending calendar business. Wilderness Preservation System. unanimous consent that the Com- Agenda Item 1: S. Con. Res. 121—A Agenda Item 24: S. 2374—A bill to mittee on Foreign Relations be author- concurrent resolution supporting the provide for the conveyance of certain ized to meet during the session of the goals and ideals of the World Year of lands to the United States and to re- Senate on Wednesday, September 15, Physics. vise the boundary of Chickasaw Na- 2004, at 9:30 a.m., to hold a hearing on Agenda Item 2: S. 437—A bill to pro- tional Recreation Area, Oklahoma, and ‘‘Accelerating U.S. Assistance to Iraq.’’ vide for adjustments to the Central Ar- for other purposes. The PRESIDING OFFICER. Without izona Project in Arizona, to authorize Agenda Item 25: S. 2408—A bill to ad- objection, it is so ordered. the Gila River Indian Community just the boundaries of the Helena, Lolo, COMMITTEE ON INDIAN AFFAIRS water rights settlement, to reauthorize and Beaverhead-Deerlodge National Mr. FRIST. Mr. President, I ask and amend the Southern Arizona Water Forests in the State of Montana. unanimous consent that the Com- Rights Settlement Act of 1982, and for Agenda Item 26: S. 2432—A bill to ex- mittee on Indian Affairs be authorized other purposes. pand the boundaries of Wilson’s Creek to meet on Wednesday, September 15, Agenda Item 3: S. 511—A bill to pro- Battlefield National Park, and for 2004, at 10 a.m., in room 485 of the Rus- vide permanent funding for the Pay- other purposes. sell Senate Office Building to conduct ment in Lieu of Taxes program, and for Agenda Item 27: S. 2567—A bill to ad- a business meeting on pending com- other purposes. just the boundary of Redwood National mittee matters. Agenda Item 7: S. 1064—A bill to es- Park in the State of California. The PRESIDING OFFICER. Without tablish a commission to commemorate Agenda Item 28: S. 2622—A bill to objection, it is so ordered. the sesquicentennial of the American provide for the exchange of certain f Civil War, and for other purposes. Federal land in the Santa Fe National Agenda Item 9: S. 1354—A bill to re- Forest and certain non-Federal land in PRIVILEGE OF THE FLOOR solve certain conveyances and provide the Pecos National Historic Park in Mr. KENNEDY. Mr. President, I ask for alternative land selections under the State of New Mexico. unanimous consent that Stephen

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.058 S15PT1 S9306 CONGRESSIONAL RECORD — SENATE September 15, 2004 Kosack, a fellow in my office, be grant- Security, as authorized by subtitle A of title IV (2) complies with the Bureau of Customs and ed the privilege of the floor during the of the Homeland Security Act of 2002 (6 U.S.C. Border Protection’s enterprise information sys- remainder of morning business. 201 et seq.), $8,864,000. tems architecture; The PRESIDING OFFICER. Without UNITED STATES VISITOR AND IMMIGRANT STATUS (3) complies with the acquisition rules, re- objection, it is so ordered. INDICATOR TECHNOLOGY quirements, guidelines, and systems acquisition For necessary expenses for the development of management practices of the Federal Govern- f the United States Visitor and Immigrant Status ment; DEPARTMENT OF HOMELAND SE- Indicator Technology project, as authorized by (4) is reviewed and approved by the Bureau of CURITY APPROPRIATIONS ACT, section 110 of the Illegal Immigration Reform Customs and Border Protection Investment Re- and Immigrant Responsibility Act of 1996 (8 view Board, the Department of Homeland Secu- 2005 U.S.C. 1221 note), $340,000,000, to remain avail- rity, and the Office of Management and Budget; On Tuesday, September 14, 2004, the able until expended. and Senate passed H.R. 4567, as follows: CUSTOMS AND BORDER PROTECTION (5) is reviewed by the Government H.R. 4567 SALARIES AND EXPENSES Accountabililty Office. Resolved, That the bill from the House of For necessary expenses for enforcement of CONSTRUCTION Representatives (H.R. 4567) entitled ‘‘An Act laws relating to border security, immigration, For necessary expenses to plan, construct, making appropriations for the Department customs, and agricultural inspections and regu- renovate, equip, and maintain buildings and fa- of Homeland Security for the fiscal year end- latory activities related to plant and animal im- cilities necessary for the administration and en- ing September 30, 2005, and for other pur- ports; acquisition, lease, maintenance and oper- forcement of the laws relating to customs and poses.’’, do pass with the following amend- ation of aircraft; purchase and lease of up to immigration, $91,718,000, to remain available ment: 4,500 (3,935 for replacement only) police-type ve- until expended. Strike out all after the enacting clause and hicles; and contracting with individuals for per- IMMIGRATION AND CUSTOMS ENFORCEMENT insert: sonal services abroad; $4,466,960,000; of which SALARIES AND EXPENSES Be it enacted by the Senate and House of Rep- $3,000,000 shall be derived from the Harbor For necessary expenses for enforcement of im- resentatives of the United States of America in Maintenance Trust Fund for administrative ex- migration and customs laws, detention and re- penses related to the collection of the Harbor Congress assembled, That the following sums movals, and investigations; and purchase and Maintenance Fee pursuant to section 9505(c)(3) are appropriated, out of any money in the lease of up to 2,300 (2,000 for replacement only) of the Internal Revenue Code of 1986 and not- Treasury not otherwise appropriated, for the police-type vehicles, $2,413,438,000, of which not withstanding section 1511(e)(1) of the Homeland Department of Homeland Security for the fiscal to exceed $5,000,000 shall be available until ex- Security Act of 2002 (6 U.S.C. 551(e)(1)); of year ending September 30, 2005, and for other pended for conducting special operations pursu- which not to exceed $40,000 shall be for official purposes, namely: ant to section 3131 of the Customs Enforcement reception and representation expenses; of which TITLE I—DEPARTMENTAL MANAGEMENT Act of 1986 (19 U.S.C. 2081); of which not to ex- not to exceed $126,162,000 shall remain available AND OPERATIONS ceed $15,000 shall be for official reception and until September 30, 2006, for inspection and sur- OFFICE OF THE SECRETARY AND EXECUTIVE representation expenses; of which not to exceed veillance technology, and equipment for the MANAGEMENT Container Security Initiative; of which such $1,000,000 shall be for awards of compensation For necessary expenses of the Office of the sums as become available in the Customs User to informants, to be accounted for solely under Secretary of Homeland Security, as authorized Fee Account, except sums subject to section the certificate of the Under Secretary for Border by section 102 of the Homeland Security Act of 13031(f)(3) of the Consolidated Omnibus Budget and Transportation Security; of which not less 2002 (6 U.S.C. 112), and for executive manage- Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), than $102,000 shall be for promotion of public ment of the Department of Homeland Security, shall be derived from that account; of which not awareness of the child pornography tipline; of as authorized by law, $82,206,000: Provided, to exceed $150,000 shall be available for payment which not less than $203,000 shall be for Project That not to exceed $50,000 shall be available for for rental space in connection with preclearance Alert; of which $5,000,000 shall be a grant for allocation within the Department for official re- operations; of which not to exceed $1,000,000 activities related to the investigations of exception and representation expenses as the Sec- shall be for awards of compensation to inform- ploited children and shall remain available until retary may determine. ants, to be accounted for solely under the cer- expended; and of which not to exceed $11,216,000 OFFICE OF THE UNDER SECRETARY FOR tificate of the Under Secretary for Border and shall be available to fund or reimburse other MANAGEMENT Transportation Security; and of which not to Federal agencies for the costs associated with For necessary expenses of the Office of the exceed $5,000,000 shall be available for payments the care, maintenance, and repatriation of Under Secretary for Management, as authorized or advances arising out of contractual or reim- smuggled illegal aliens: Provided, That none of by sections 701–705 of the Homeland Security bursable agreements with State and local law the funds appropriated shall be available to Act of 2002 (6 U.S.C. 341–345), $245,579,000: Pro- enforcement agencies while engaged in coopera- compensate any employee for overtime in an an- vided, That of the total amount provided, tive activities related to immigration: Provided, nual amount in excess of $30,000, except that the $65,081,000 shall remain available until ex- That none of the funds appropriated shall be Under Secretary for Border and Transportation pended solely for the alteration and improve- available to compensate any employee for over- Security may waive that amount as necessary ment of facilities and for relocation costs to con- time in an annual amount in excess of $30,000, for national security purposes and in cases of solidate the Department’s headquarters’ oper- except that the Under Secretary for Border and immigration emergencies: Provided further, That ations. Transportation Security may exceed that of the total amount provided, $3,045,000 shall be amount as necessary for national security pur- for activities to enforce laws against forced child DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS poses and in cases of immigration emergencies: labor in fiscal year 2005, of which not to exceed For development and acquisition of informa- Provided further, That of the total amount pro- $2,000,000 shall remain available until expended: tion technology equipment, software, services, vided, $12,725,000 shall be for activities to en- Provided further, That of the total amount pro- and related activities for the Department of force laws against forced child labor in fiscal vided for, not less than $4,750,000 may be for the Homeland Security, and for the costs of conver- year 2005, of which not to exceed $4,000,000 shall enforcement of the textile transshipment provision to narrowband communications, including remain available until expended: Provided fur- sions provided for in chapter 5 of title III of the the cost for operation of the land mobile radio ther, That of the total amount provided, not less Customs Border Security Act of 2002 (Public legacy systems, $222,000,000, to remain available than $4,750,000 may be for the enforcement of Law 107–210; 116 Stat. 988 et seq.). until expended. the textile transshipment provisions provided for FEDERAL AIR MARSHALS OFFICE OF INSPECTOR GENERAL in chapter 5 of title III of the Customs Border For necessary expenses of the Federal Air OPERATING EXPENSES Security Act of 2002 (Public Law 107–210; 116 Marshals, $662,900,000. For necessary expenses of the Office of In- Stat. 988 et seq.). FEDERAL PROTECTIVE SERVICE spector General in carrying out the provisions of AUTOMATION MODERNIZATION The revenues and collections of security fees the Inspector General Act of 1978 (5 U.S.C. For expenses for customs and border protec- credited to this account, not to exceed App.), $82,317,000, of which not to exceed tion automated systems, $449,909,000, to remain $478,000,000, shall be available until expended $100,000 may be used for certain confidential available until expended, of which not less than for necessary expenses related to the protection operational expenses, including the payment of $321,690,000 shall be for the development of the of federally owned and leased buildings and for informants, to be expended at the direction of Automated Commercial Environment: Provided, the operations of the Federal Protective Service. the Inspector General. That none of the funds appropriated under this AUTOMATION MODERNIZATION heading may be obligated for the Automated TITLE II—SECURITY, ENFORCEMENT, AND For expenses of immigration and customs en- INVESTIGATIONS Commercial Environment until the Committees on Appropriations of the Senate and the House forcement automated systems, $39,605,000, to re- BORDER AND TRANSPORTATION main available until expended. SECURITY of Representatives receive and approve a plan for expenditure prepared by the Under Secretary AIR AND MARINE INTERDICTION, OPERATIONS, OFFICE OF THE UNDER SECRETARY FOR BORDER for Border and Transportation Security that: MAINTENANCE, AND PROCUREMENT AND TRANSPORTATION SECURITY (1) meets the capital planning and investment For necessary expenses for the operations, SALARIES AND EXPENSES control review requirements established by the maintenance, and procurement of marine ves- For necessary expenses of the Office of the Office of Management and Budget, including sels, aircraft, and other related equipment of the Under Secretary for Border and Transportation Circular A–11, part 3; air and marine program, including operational

VerDate Aug 04 2004 04:06 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 6333 E:\CR\FM\G15SE6.089 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9307 training and mission-related travel, and rental files of such air carriers, airport authorities, tation Security Act (Public Law 107–71; 115 Stat. payments for facilities occupied by the air or and their contractors; that the Comptroller Gen- 597), $14,000,000. marine interdiction and demand reduction pro- eral deems relevant for purposes of reviewing RESEARCH AND DEVELOPMENT grams, the operations of which include the fol- the information sought pursuant to the provi- For necessary expenses for research and de- lowing: the interdiction of narcotics and other sions of the preceding proviso: Provided further, velopment related to transportation security, goods; the provision of support to Federal, That the Comptroller General may obtain and $181,000,000, to remain available until expended: State, and local agencies in the enforcement or duplicate any such records, documents, working Provided, That of the total amount provided administration of laws enforced by the Bureau papers, automated data and files, or other infor- under this heading, $57,000,000 shall be avail- of Immigration and Customs Enforcement; and mation relevant to such reviews without cost to able for the research and development of explo- at the discretion of the Under Secretary for Bor- the Comptroller General and the Comptroller sive detection devices. der and Transportation Security, the provision General’s right of access to such information ADMINISTRATION of assistance to Federal, State, and local agen- shall be enforceable pursuant to section 716(c) of For necessary administrative expenses of the cies in other law enforcement and emergency title 31, United States Code: Provided further, Transportation Security Administration to carry humanitarian efforts, $267,535,000, to remain That the Comptroller General shall maintain the out the Aviation and Transportation Security available until expended: Provided, That no air- same level of confidentiality for information Act (Public Law 107–71; 115 Stat. 597), craft or other related equipment, with the excep- made available under the preceding provisos as $534,852,000. tion of aircraft that are one of a kind and have that required under section 716(e) of title 31, been identified as excess to Bureau of Immigra- United States Code: Provided further, That UNITED STATES COAST GUARD tion and Customs Enforcement requirements and upon the request of the Comptroller General, the OPERATING EXPENSES aircraft that have been damaged beyond repair, Secretary of the Department of Homeland Secu- For necessary expenses for the operation and shall be transferred to any other Federal agen- rity shall transfer to the Government Account- maintenance of the Coast Guard not otherwise cy, department, or office outside of the Depart- ability Office from appropriations available for provided for, purchase or lease of not to exceed ment of Homeland Security during fiscal year administration expenses of the Transportation 25 passenger motor vehicles for replacement 2005 without the prior approval of the Commit- Security Administration, the amount requested only; payments pursuant to section 156 of Public tees on Appropriations of the Senate and the by the Comptroller General, not to exceed Law 97–377 (42 U.S.C. 402 note), section 229(b) of House of Representatives. $5,000,000, to cover the full costs of any review the Social Security Act (42 U.S.C. 429(b)), and CONSTRUCTION and report of the calendar year 2000 cost infor- recreation and welfare, $5,153,220,000, of which For necessary expenses to plan, construct, mation conducted by the Comptroller General, $1,090,000,000 shall be for defense-related activi- renovate, equip, and maintain buildings and fa- with 15 days advance notice by the Transpor- ties; of which $24,500,000 shall be derived from cilities necessary for the administration and en- tation Security Administration to the Commit- the Oil Spill Liability Trust Fund; and of which forcement of the laws relating to customs and tees on Appropriations of the Senate and House not to exceed $3,000 shall be for official recep- immigration, $26,179,000, to remain available of Representatives: Provided further, That the tion and representation expenses: Provided, until expended. Comptroller General shall credit funds trans- That none of the funds appropriated by this or ferred under the authority of the preceding pro- TRANSPORTATION SECURITY ADMINISTRATION any other Act shall be available for administra- viso to the account established for salaries and tive expenses in connection with shipping com- AVIATION SECURITY expenses of the Government Accountability Of- For necessary expenses of the Transportation missioners in the United States: Provided fur- fice, and such amount shall be available upon ther, That none of the funds provided by this Security Administration related to providing receipt and without fiscal year limitation to civil aviation security services pursuant to the Act shall be available for expenses incurred for cover the full costs of the review and report: yacht documentation under section 12109 of title Aviation and Transportation Security Act (Pub- Provided further, That any funds transferred lic Law 107–71; 115 Stat. 597), $4,386,083,000, to 46, United States Code, except to the extent fees and credited under the authority of the pre- are collected from yacht owners and credited to remain available until expended, of which not ceding provisos that are not needed for the to exceed $3,000 shall be for official reception this appropriation: Provided further, That not- Comptroller General’s performance of such re- withstanding section 1116(c) of title 10, United and representation expenses: Provided, That of view and report shall be returned to the Depart- the total amount provided under this heading, States Code, amounts made available under this ment of Homeland Security and credited to the heading may be used to make payments into the not to exceed $2,076,733,000 shall be for pas- appropriation from which transferred: Provided senger screening activities; not to exceed Department of Defense Medicare-Eligible Retiree further, That beginning with amounts due in Health Care Fund for fiscal year 2005 under sec- $1,512,460,000 shall be for baggage screening ac- calendar year 2005, if the result of this review is tion 1116(a) of such title: Provided further, That tivities, of which $210,000,000 shall be available that an air carrier or foreign air carrier has not not later than 90 days after the date of the en- only for procurement of checked baggage explo- paid the appropriate fee to the Transportation actment of this Act, the Secretary of Homeland sive detection systems and $75,000,000 shall be Security Administration pursuant to section Security shall submit to the Committees on Ap- available only for installation of checked bag- 44940(a)(2) of title 49 United States Code, the propriations of the Senate and the House of gage explosive detection systems; and not to ex- Secretary of Homeland Security shall undertake Representatives, the Committee on Commerce, ceed $796,890,000 shall be for airport security di- all necessary actions to ensure that such Science, and Transportation of the Senate, the rection and enforcement presence, of which amounts are collected: Provided further, That Committee on Energy and Commerce of the $217,890,000 shall be available for airport infor- such collections received during fiscal year 2005 House of Representatives, and the Committee on mation technology: Provided further, That secu- shall be credited to this appropriation as offset- rity service fees authorized under section 44940 ting collections and shall be available only for Transportation and Infrastructure of the House of title 49, United States Code, shall be credited security modifications at commercial airports: of Representatives, a report on opportunities for to this appropriation as offsetting collections: Provided further, That if the Secretary exercises integrating the process by which the Coast Provided further, That, except as provided in his discretion to set the fee under 44940(a)(2) of Guard issues letters of recommendation for pro- the following proviso, the sum herein appro- title 49 United States Code, such determination posed liquefied natural gas marine terminals, priated from the General Fund shall be reduced shall not be subject to judicial review: Provided including the elements of such process relating on a dollar-for-dollar basis as such offsetting further, That any security service fees collected to vessel transit, facility security assessment and collections are received during fiscal year 2005, pursuant to section 44940 of title 49 note, United facility security plans under the Maritime so as to result in a final fiscal year appropria- States Code, in excess of the amount appro- Transportation Security Act, and the process by tion from the General Fund estimated at not priated under this heading shall be treated as which the Federal Energy Regulatory Commis- more than $2,563,083,000: Provided further, That offsetting collections in fiscal year 2006. sion issues permits for such terminals under the National Environmental Policy Act: Provided the Government Accountability Office shall re- MARITIME AND LAND SECURITY further, That the report shall include an exam- view, using a methodology deemed appropriate For necessary expenses of the Transportation ination of the advisability of requiring that ac- by the Comptroller General, the calendar year Security Administration related to maritime and tivities of the Coast Guard relating to vessel 2000 cost information for screening passengers land transportation security grants and services transit, facility security assessment and facility and property pursuant to section 44940(a)(2) of pursuant to the Aviation and Transportation security plans under the Maritime Transpor- title 49, United States Code, of air carriers and Security Act (Public Law 107–71; 115 Stat. 597), tation Security Act be completed for a proposed foreign air carriers engaged in air transpor- $44,000,000: Provided, That not to exceed liquefied natural gas marine terminal before a tation and intrastate air transportation and re- $53,000,000 may be provided for transportation final environmental impact statement for such port the information within six months of enact- worker identification credentialing and terminal is published under the Federal Energy ment of the Act but no earlier than March 31, $2,000,000 for tracking trucks carrying haz- Regulatory Commission process. 2005, to the Committees on Appropriations of the ardous material. Senate and House of Representatives and Com- In addition, fees authorized by section 520 of ENVIRONMENTAL COMPLIANCE AND RESTORATION mittee on Commerce, Science, and Transpor- Public Law 108–90 shall be credited to this ap- For necessary expenses to carry out the Coast tation: Provided further, That the Comptroller propriation and shall be available until ex- Guard’s environmental compliance and restora- General, or any of the Comptroller General’s pended: Provided, That in fiscal year 2005, fee tion functions under chapter 19 of title 14, duly authorized representatives, shall have ac- collections shall be used for initial administra- United States Code, $17,000,000, to remain avail- cess, for the purpose of reviewing such cost in- tive costs of credentialing activities. able until expended. formation, to the personnel and to the books; INTELLIGENCE RESERVE TRAINING accounts; documents; papers; records (including For necessary expenses for intelligence activi- For necessary expenses of the Coast Guard electronic records); and automated data and ties pursuant to the Aviation and Transpor- Reserve, as authorized by law; operations and

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.063 S15PT1 S9308 CONGRESSIONAL RECORD — SENATE September 15, 2004 maintenance of the reserve program, personnel diem or subsistence allowances to employees title 49, United States Code), freight rail, and and training costs, equipment, and services, where a protective assignment during the actual transit security grants: Provided further, That $117,000,000. day or days of the visit of a protectee require an no less than 80 percent of any grant to a State ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS employee to work 16 hours per day or to remain shall be made available by the State to local For necessary expenses of acquisition, con- overnight at his or her post of duty; conduct of governments within 60 days after the receipt of struction, renovation, and improvement of aids and participation in firearms matches; presen- the funds: Provided further, That section to navigation, shore facilities, vessels, and air- tation of awards; travel of Secret Service em- 1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. craft, including equipment related thereto; and ployees on protective missions without regard to 3714(c)(3)) shall not apply to these grants; maintenance, rehabilitation, lease and oper- the limitations on such expenditures in this or (3) $275,081,000 for training, exercises, tech- ation of facilities and equipment, as authorized any other Act if approval is obtained in advance nical assistance, and other programs: Provided, That none of the grants provided by law, $1,062,550,000, of which $20,000,000 shall from the Committees on Appropriations of the under this heading shall be used for the con- be derived from the Oil Spill Liability Trust Senate and the House of Representatives; re- struction or renovation of facilities: Provided Fund; of which $19,750,000 shall be available search and development; grants to conduct be- further, That notwithstanding the previous pro- until September 30, 2009, to acquire, repair, ren- havioral research in support of protective re- viso, funds under this heading may be used for ovate, or improve vessels, small boats, and research and operations; and payment in advance a minor perimeter security project, the cost of lated equipment; of which $3,800,000 shall be for commercial accommodations as may be nec- which shall not exceed $1,000,000, as deemed available until September 30, 2009, to increase essary to perform protective functions, $1,159,125,000, of which not to exceed $25,000 necessary by the Secretary of Homeland Secu- aviation capability; of which $185,000,000 shall rity: Provided further, That funds under this be available until September 30, 2007, for other shall be for official reception and representation expenses; of which not to exceed $100,000 shall heading may be used to provide a reasonable sti- equipment; of which $5,000,000 shall be available pend to part-time and volunteer first responders until September 30, 2007, for shore facilities and be to provide technical assistance and equipment to foreign law enforcement organizations who are not otherwise compensated for travel to aids to navigation facilities; of which $73,000,000 or participation in terrorism response courses in counterfeit investigations; of which $2,100,000 shall be available for personnel compensation approved by the Office for Domestic Prepared- shall be for forensic and related support of in- and benefits and related costs; of which ness, which stipend shall not be paid if such vestigations of missing and exploited children: $776,000,000 shall be available until September first responder is otherwise compensated by an Provided, That up to $18,000,000 provided for 30, 2009, for the Integrated Deepwater Systems employer for such time and shall not be consid- protective travel shall remain available until program: Provided, That the Commandant of ered compensation for purposes of rendering September 30, 2006: Provided further, That the the Coast Guard is authorized to dispose of sur- such first responder an employee under the Fair United States Secret Service is authorized to ob- plus real property, by sale or lease, and the pro- Labor Standards Act of 1938 (29 U.S.C. 201 et ligate funds in anticipation of reimbursements ceeds shall be credited to this appropriation as seq.): Provided further, That grantees shall pro- from agencies and entities, as defined in section offsetting collections and shall be available until vide additional reports on their use of funds, as September 30, 2007, only for Rescue 21: Provided 105 of title 5, United States Code, receiving deemed necessary by the Secretary: Provided further, That the budget for fiscal year 2006 training sponsored by the James J. Rowley further, That not to exceed 10 percent of funds that is submitted under section 1105(a) of title Training Center, except that total obligations at appropriated for law enforcement terrorism pre- 31, United States Code, may include an amount the end of the fiscal year shall not exceed total vention grants under paragraph (1) and discre- for the Coast Guard that is sufficient to fund budgetary resources available under this head- tionary grants under paragraph (2) of this delivery of a long-term maritime patrol aircraft ing at the end of the fiscal year. heading shall be available for operational costs, capability that is consistent with the original ACQUISITION, CONSTRUCTION, IMPROVEMENTS, to include personnel overtime and overtime asso- procurement plan for the CN–235 aircraft be- AND RELATED EXPENSES ciated with Office of State and Local Govern- yond the three aircraft already funded in pre- For necessary expenses for acquisition, con- ment Coordination and Preparedness certified vious fiscal years. struction, repair, alteration, and improvement of training, as needed. ALTERATION OF BRIDGES facilities, $3,633,000, to remain available until FIREFIGHTER ASSISTANCE GRANTS For necessary expenses for alteration or re- expended. For necessary expenses for programs author- moval of obstructive bridges, $15,400,000, to re- TITLE III—PREPAREDNESS AND ized by section 33 of the Federal Fire Prevention main available until expended. RECOVERY and Control Act of 1974 (15 U.S.C. 2229), RESEARCH, DEVELOPMENT, TEST, AND OFFICE OF STATE AND LOCAL GOVERNMENT $700,000,000, to remain available until September 30, 2006: Provided, That not to exceed 5 percent EVALUATION COORDINATION AND PREPAREDNESS For necessary expenses for applied scientific of this amount shall be available for program MANAGEMENT AND ADMINISTRATION research, development, test, and evaluation, and administration. For necessary expenses for the Office of State for maintenance, rehabilitation, lease and oper- FIRE DEPARTMENT STAFFING ASSISTANCE GRANTS and Local Government Coordination and Pre- ation of facilities and equipment, as authorized For necessary expenses for programs author- paredness, $25,000,000. by law, $18,500,000, to remain available until ex- ized by section 34 of the Federal Fire Prevention pended, of which $2,000,000 shall be derived STATE AND LOCAL PROGRAMS and Control Act of 1974 (15 U.S.C. 2229a), to re- from the Oil Spill Liability Trust Fund: Pro- For grants, contracts, cooperative agreements, main available until September 30, 2006, vided, That there may be credited to and used and other activities, including grants to State $100,000,000: Provided, That not to exceed 5 per- for the purposes of this appropriation funds re- and local governments for terrorism prevention cent of this amount shall be available for pro- ceived from State and local governments, other activities, notwithstanding any other provision gram administration: Provided, further, That public authorities, private sources, and foreign of law, $2,845,081,000, which shall be allocated the amount appropriated by title I under the countries, for expenses incurred for research, as follows: heading ‘‘OFFICE OF THE UNDER SECRETARY FOR development, testing, and evaluation. (1) $970,000,000 for formula-based grants and MANAGEMENT’’ is hereby reduced by $70,000,000, the amount appropriated by title IV under the RETIRED PAY $400,000,000 for law enforcement terrorism pre- heading ‘‘INFORMATION ANALYSIS AND INFRA- For retired pay, including the payment of ob- vention grants pursuant to section 1014 of the STRUCTURE PROTECTION MANAGEMENT AND AD- ligations otherwise chargeable to lapsed appro- USA PATRIOT ACT (42 U.S.C. 3714), of which MINISTRATION’’ is hereby reduced by $20,000,000, priations for this purpose, payments under the $50,000,000 shall be used for grants to identify, and the amount appropriated by title IV under Retired Serviceman’s Family Protection and acquire, and transfer homeland security tech- the heading ‘‘SCIENCE AND TECHNOLOGY MAN- Survivor Benefits Plans, payment for career sta- nology, equipment, and information to State AGEMENT AND ADMINISTRATION’’ is hereby re- tus bonuses under the National Defense Author- and local law enforcement agencies: Provided, duced by $10,000,000. ization Act, and payments for medical care of That the application for grants shall be made EMERGENCY MANAGEMENT PERFORMANCE GRANTS retired personnel and their dependents under available to states within 45 days after enact- For necessary expenses for emergency man- chapter 55 of title 10, United States Code, ment of this Act; that States shall submit appli- agement performance grants, as authorized by $1,085,460,000. cations within 45 days after the grant announcement; and that the Office of State and the National Flood Insurance Act of 1968 (42 UNITED STATES SECRET SERVICE Local Government Coordination and Prepared- U.S.C. 4001 et seq.), the Robert T. Stafford Dis- SALARIES AND EXPENSES ness shall act within 15 days after receipt of an aster Relief and Emergency Assistance Act (42 For necessary expenses of the United States application: Provided further, That each State U.S.C. 5121 et seq.), the Earthquake Hazards Secret Service, including purchase of not to ex- shall obligate not less than 80 percent of the Reductions Act of 1977 (42 U.S.C. 7701 et seq.), ceed 610 vehicles for police-type use, which shall total amount of the grant to local governments and Reorganization Plan No. 3 of 1978 (5 U.S.C. be for replacement only, and hire of passenger within 60 days after the grant award; and App.), $180,000,000: Provided, That total admin- motor vehicles; purchase of American-made side- (2) $1,200,000,000 for discretionary grants for istrative costs shall not exceed 3 percent of the car compatible motorcycles; hire of aircraft; use in high-threat, high-density urban areas, as total appropriation. services of expert witnesses at such rates as may determined by the Secretary of Homeland Secu- COUNTERTERRORISM FUND be determined by the Director; rental of build- rity: Provided, That $150,000,000 shall be for For necessary expenses, as determined by the ings in the District of Columbia, and fencing, port security grants; $15,000,000 shall be for Secretary of Homeland Security, to reimburse lighting, guard booths, and other facilities on trucking industry security grants; $10,000,000 any Federal agency for the costs of providing private or other property not in Government shall be for intercity bus security grants; and support to counter, investigate, or respond to ownership or control, as may be necessary to $150,000,000 shall be for intercity passenger rail unexpected threats or acts of terrorism, includ- perform protective functions; payment of per transportation (as defined in section 24102(5) of ing payment of rewards in connection with

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.063 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9309 these activities, $10,000,000, to remain available $2,221,000,000 to remain available until ex- administrative costs shall not exceed 3.5 percent until expended: Provided, That the Secretary pended, of which $70,000,000 is designated by of the total appropriation. shall notify the Committees on Appropriations Congress as an emergency requirement under TITLE IV—RESEARCH AND DEVELOPMENT, of the Senate and the House of Representatives section 502(c) of H. Con. Res. 95 (108th Cong.) TRAINING, ASSESSMENTS, AND SERVICES 15 days prior to the obligation of any amount of and shall be made available for a grant to the CITIZENSHIP AND IMMIGRATION SERVICES these funds in accordance with section 502 of American Red Cross for disaster relief, recovery For necessary expenses for citizenship and im- this Act. expenditures, and emergency services in re- migration services for backlog reduction activi- sponse to Tropical Storm Bonnie, Hurricane EMERGENCY PREPAREDNESS AND ties, $140,000,000. RESPONSE Charley, and Hurricane Frances. FEDERAL LAW ENFORCEMENT TRAINING CENTER OFFICE OF THE UNDER SECRETARY FOR DISASTER ASSISTANCE DIRECT LOAN PROGRAM SALARIES AND EXPENSES EMERGENCY PREPAREDNESS AND RESPONSE ACCOUNT For necessary expenses of the Federal Law For necessary expenses for the Office of the For administrative expenses to carry out the direct loan program, as authorized by section Enforcement Training Center, including mate- Under Secretary for Emergency Preparedness rials and support costs of Federal law enforce- and Response, as authorized by section 502 of 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), ment basic training; purchase of not to exceed the Homeland Security Act of 2002 (6 U.S.C. 117 vehicles for police-type use and hire of pas- 312), $4,211,000. $567,000: Provided, That gross obligations for the principal amount of direct loans shall not senger motor vehicles; expenses for student ath- PREPAREDNESS, MITIGATION, RESPONSE, AND exceed $25,000,000: Provided further, That the letic and related activities; the conduct of and RECOVERY cost of modifying such loans shall be as defined participation in firearms matches and presen- For necessary expenses for preparedness, miti- in section 502 of the Congressional Budget Act tation of awards; public awareness and en- gation, response, and recovery activities of the of 1974 (2 U.S.C. 661a). hancement of community support of law en- Directorate of Emergency Preparedness and Re- FLOOD MAP MODERNIZATION FUND forcement training; room and board for student sponse, $231,499,000, including activities author- interns; a flat monthly reimbursement to em- ized by the National Flood Insurance Act of For necessary expenses pursuant to section 1360 of the National Flood Insurance Act of 1968 ployees authorized to use personal cell phones 1968 (42 U.S.C. 4001 et seq.), the Robert T. Staf- for official duties; and services as authorized by ford Disaster Relief and Emergency Assistance (42 U.S.C. 4101), $200,000,000, and such additional sums as may be provided by State and section 3109 of title 5, United States Code; Act (42 U.S.C. 5121 et seq.), the Earthquake $181,440,000, of which up to $36,174,000 for mate- Hazards Reduction Act of 1977 (42 U.S.C. 7701 et local governments or other political subdivisions for cost-shared mapping activities under section rials and support costs of Federal law enforce- seq.), the Federal Fire Prevention and Control ment basic training shall remain available until Act of 1974 (15 U.S.C. 2201 et seq.), the Defense 1360(f)(2) of such Act, to remain available until expended: Provided, That total administrative September 30, 2006; and of which not to exceed Production Act of 1950 (50 U.S.C. App. 2061 et $12,000 shall be for official reception and rep- seq.), sections 107 and 303 of the National Secu- costs shall not exceed 3 percent of the total appropriation. resentation expenses: Provided, That the Center rity Act of 1947 (50 U.S.C. 404, 405), Reorganiza- is authorized to obligate funds in anticipation of NATIONAL FLOOD INSURANCE FUND tion Plan No. 3 of 1978 (5 U.S.C. App.), and the reimbursements from agencies receiving training Homeland Security Act of 2002 (6 U.S.C. 101 et (INCLUDING TRANSFER OF FUNDS) sponsored by the Center, except that total obli- seq.): Provided, That of the total amount appro- For activities under the National Flood Insur- gations at the end of the fiscal year shall not priated, $30,000,000 shall be for Urban Search ance Act of 1968 (42 U.S.C. 4001 et seq.), not to exceed total budgetary resources available at the and Rescue Teams, of which not to exceed 3 per- exceed $33,336,000 for salaries and expenses as- end of the fiscal year. cent may be made available for administrative sociated with flood mitigation and flood insur- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, costs. ance operations; and not to exceed $79,257,000 AND RELATED EXPENSES ADMINISTRATIVE AND REGIONAL OPERATIONS for flood hazard mitigation, to remain available For acquisition of necessary additional real For necessary expenses for administrative and until September 30, 2006, including up to property and facilities, construction, and ongo- regional operations of the Emergency Prepared- $20,000,000 for expenses under section 1366 of the ing maintenance, facility improvements, and re- ness and Response Directorate, $196,939,000, in- National Flood Insurance Act of 1968 (42 U.S.C. lated expenses of the Federal Law Enforcement cluding activities authorized by the National 4104c), which amount shall be available for Training Center, $42,917,000, to remain available Flood Insurance Act of 1968 (42 U.S.C. 4001 et transfer to the National Flood Mitigation Fund until expended: Provided, That the Center is au- seq.), the Robert T. Stafford Disaster Relief and until September 30, 2006, and which amount thorized to accept reimbursement to this appro- Emergency Assistance Act (42 U.S.C. 5121 et shall be derived from offsetting collections as- priation from government agencies requesting seq.), the Earthquake Hazards Reduction Act of sessed and collected pursuant to section 1307 of the construction of special use facilities. 1977 (42 U.S.C. 7701 et seq.), the Federal Fire that Act (42 U.S.C. 4014), and shall be retained INFORMATION ANALYSIS AND INFRASTRUCTURE Prevention and Control Act of 1974 (15 U.S.C. and used for necessary expenses under this PROTECTION 2201 et seq.), the Defense Production Act of 1950 heading: Provided, That in fiscal year 2005, no (50 U.S.C. App. 2061 et seq.), sections 107 and funds in excess of: (1) $55,000,000 for operating MANAGEMENT AND ADMINISTRATION 303 of the National Security Act of 1947 (50 expenses; (2) $562,881,000 for agents’ commis- For necessary expenses of the Directorate of U.S.C. 404, 405), Reorganization Plan No. 3 of sions and taxes; and (3) $30,000,000 for interest Information Analysis and Infrastructure Protec- 1978 (5 U.S.C. App.), and the Homeland Security on Treasury borrowings shall be available from tion, including the immediate Office of the Act of 2002 (6 U.S.C. 101 et seq.): Provided, That the National Flood Insurance Fund. Under Secretary for Information Analysis and not to exceed $3,000 shall be for official recep- MITIGATION GRANTS Infrastructure Protection, for management and tion and representation expenses. For activities designed to reduce the risk of administration of programs and activities, as PUBLIC HEALTH PROGRAMS flood damage to structures pursuant to the Na- authorized by title II of the Homeland Security For necessary expenses for countering poten- tional Flood Insurance Act of 1968, notwith- Act of 2002 (6 U.S.C. 121 et seq.), $157,064,000. tial biological, disease, and chemical threats to standing subsections (b)(3) and (f) of section ASSESSMENTS AND EVALUATIONS civilian populations, $34,000,000. 1366, and for a pre-disaster mitigation grant For necessary expenses for information anal- RADIOLOGICAL EMERGENCY PREPAREDNESS program pursuant to title II of the Disaster Re- ysis and infrastructure protection as authorized PROGRAM lief Act of 1974 (42 U.S.C. 5131 et seq.), by title II of the Homeland Security Act of 2002 The aggregate charges assessed during fiscal $170,000,000, of which $20,000,000 shall be de- (6 U.S.C. 121 et seq.), $718,512,000, to remain year 2005, as authorized in title III of the De- rived from the National Flood Insurance Fund, available until September 30, 2006, of which not partments of Veterans Affairs and Housing and to remain available until September 30, 2006, to exceed $20,000 may be used for official recep- Urban Development, and Independent Agencies and $150,000,000, to remain available until ex- tion and representation expenses: Provided, Appropriations Act, 1999 (42 U.S.C. 5196e), shall pended, for the Pre-Disaster Mitigation Fund: That none of the funds available under this not be less than 100 percent of the amounts an- Provided, That grants made for pre-disaster heading shall be available for sole-source con- ticipated by the Department of Homeland Secu- mitigation shall be awarded on a competitive tractual agreements unless the Committees on rity necessary for its radiological emergency pre- basis subject to the criteria in section 203(g) of Appropriations of the Senate and the House of paredness program for the next fiscal year: Pro- the Disaster Relief Act of 1974 (42 U.S.C. Representatives are notified 15 days in advance vided, That the methodology for assessment and 5133(g)), and notwithstanding section 203(f) of of such decision, or the Secretary of Homeland collection of fees shall be fair and equitable; and such Act, shall be made without reference to Security certifies to the Committee that such shall reflect costs of providing such services, in- State allocations, quotas, or other formula- agreement is necessary to respond to a national cluding administrative costs of collecting such based allocation of funds: Provided further, emergency or prevent an impending terrorist at- fees: Provided further, That fees received under That total administrative costs for pre-disaster tack. this heading shall be deposited in this account mitigation shall not exceed 3 percent of the total SCIENCE AND TECHNOLOGY as offsetting collections and will become avail- appropriation. MANAGEMENT AND ADMINISTRATION able for authorized purposes on October 1, 2005, EMERGENCY FOOD AND SHELTER For salaries and expenses of the immediate and remain available until expended. To carry out an emergency food and shelter Office of the Under Secretary for Science and DISASTER RELIEF program pursuant to subtitle B of title III of the Technology and for management and adminis- For necessary expenses in carrying out the Stewart B. McKinney Homeless Assistance Act tration of programs and activities, as authorized Robert T. Stafford Disaster Relief and Emer- (42 U.S.C. 11341 et seq.), $153,000,000, to remain by title III of the Homeland Security Act of 2002 gency Assistance Act (42 U.S.C. 5121 et seq.), available until expended: Provided, That total (6 U.S.C. 181 et seq.), $52,550,000.

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RESEARCH, DEVELOPMENT, ACQUISITION AND vided, That prior to the obligation of such gated for contracting out a full-time equivalent OPERATIONS funds, a request shall be submitted to the Com- position of the Department of Homeland Secu- For expenses of science and technology re- mittees on Appropriations of the Senate and the rity for which funds have been made available search, including advanced research projects; House of Representatives for approval in ac- unless the Committees on Appropriations of the development; test and evaluation; acquisition; cordance with section 502 of this Act. Senate and the House of Representatives are no- operations; and all salaries and expenses for SEC. 504. Funds made available by this Act for tified 15 days in advance. field personnel, as authorized by title III of the intelligence activities are deemed to be specifi- SEC. 514. (a)None of the funds provided by Homeland Security Act of 2002 (6 U.S.C. 181 et cally authorized by the Congress for purposes of this or previous appropriations Acts may be obli- seq.), $1,016,647,000, to remain available until section 504 of the National Security Act of 1947 gated for deployment or implementation, on expended. (50 U.S.C. 414) during fiscal year 2005 until the other than a test basis, of the Computer Assisted TITLE V—GENERAL PROVISIONS enactment of an Act authorizing intelligence ac- Passenger Prescreening System (CAPPS II) or tivities for fiscal year 2005. Secure Flight or other follow on/successor pro- SEC. 501. No part of any appropriation con- SEC. 505. The Federal Law Enforcement grams, that the Transportation Security Admin- tained in this Act shall remain available for ob- Training Center shall establish an accrediting istration (TSA) plans to utilize to screen avia- ligation beyond the current fiscal year unless body, to include representatives from the Fed- tion passengers, until the Government Account- expressly so provided herein. eral law enforcement community and non-Fed- ability Office has reported to the Committees on SEC. 502. (a) None of the funds provided by eral accreditation experts involved in law en- this Act, provided by previous appropriations Appropriations of the Senate and the House of forcement training, to establish standards for Representatives that— Acts to the agencies in or transferred to the De- measuring and assessing the quality and effec- partment of Homeland Security that remain (1) a system of due process exists whereby tiveness of Federal law enforcement training aviation passengers determined to pose a threat available for obligation or expenditure in fiscal programs, facilities, and instructors. year 2005, or provided from any accounts in the are either delayed or prohibited from boarding SEC. 506. None of the funds in this Act may be their scheduled flights by the TSA may appeal Treasury of the United States derived by the used to make a grant allocation, discretionary collection of fees available to the agencies fund- such decision and correct erroneous information grant award, discretionary contract award, or contained in CAPPS II or Secure Flight or other ed by this Act, shall be available for obligation to issue a letter of intent totaling in excess of or expenditure through a reprogramming of follow on/successor programs; $1,000,000 unless the Secretary of Homeland Se- (2) the underlying error rate of the govern- funds that: (1) creates a new program; (2) elimi- curity notifies the Committees on Appropriations nates a program, project, or activity; (3) in- ment and private data bases that will be used of the Senate and House of Representatives at both to establish identity and assign a risk level creases funds for any program, project, or activ- least 3 full business days in advance: Provided, ity for which funds have been denied or re- to a passenger will not produce a large number That no notification shall involve funds that of false positives that will result in a significant stricted by the Congress; (4) proposes to use are not available for obligation. funds directed for a specific activity by either number of passengers being treated mistakenly SEC. 507. Notwithstanding any other provision or security resources being diverted; the House or Senate Committees on Appropria- of law, no agency shall purchase, construct, or tions for a different purpose; (5) relocates an of- (3) the TSA has stress-tested and dem- lease any additional facilities, except within or onstrated the efficacy and accuracy of all fice or employees; or (6) contracts out or contiguous to existing locations, to be used for privatizes any functions or activities presently search tools in CAPPS II or Secure Flight or the purpose of conducting Federal law enforce- other follow on/successor programs and has performed by Federal employees, unless the ment training without the advance approval of Committees on Appropriations of the Senate and demonstrated that CAPPS II or Secure Flight or the Committees on Appropriations of the Senate other follow on/successor programs can make an the House of Representatives are notified 15 and the House of Representatives, except that days in advance of such reprogramming of accurate predictive assessment of those pas- the Federal Law Enforcement Training Center sengers who may constitute a threat to aviation; funds. is authorized to obtain the temporary use of ad- (b) None of the funds provided by this Act, (4) the Secretary of Homeland Security has es- ditional facilities by lease, contract, or other tablished an internal oversight board to monitor provided by previous appropriation Acts to the agreement for training which cannot be accom- agencies in or transferred to the Department of the manner in which CAPPS II or Secure Flight modated in existing Center facilities. or other follow on/successor programs are being Homeland Security that remain available for ob- SEC. 508. The Director of the Federal Law En- developed and prepared; ligation or expenditure in fiscal year 2005, or forcement Training Center (FLETC) shall sched- (5) the TSA has built in sufficient operational provided from any accounts in the Treasury of ule basic and advanced law enforcement train- safeguards to reduce the opportunities for the United States derived by the collection of ing at all four training facilities under FLETC’s abuse; fees available to the agencies funded by this control to ensure that these training centers are (6) substantial security measures are in place Act, shall be available for obligation or expendi- operated at the highest capacity throughout the to protect CAPPS II or Secure Flight or other ture for programs, projects, or activities through fiscal year. follow on/successor programs from unauthorized a reprogramming of funds in excess of $5,000,000 SEC. 509. None of the funds appropriated or access by hackers or other intruders; or 10 percent, whichever is less, that: (1) aug- otherwise made available by this Act may be ments existing programs, projects, or activities; used for expenses of any construction, repair, (7) the TSA has adopted policies establishing (2) reduces by 10 percent funding for any exist- alteration, and acquisition project for which a effective oversight of the use and operation of ing program, project, or activity, or numbers of prospectus, if required by the Public Buildings the system; personnel by 10 percent as approved by the Con- Act of 1959, has not been approved, except that (8) there are no specific privacy concerns with gress; or (3) results from any general savings necessary funds may be expended for each the technological architecture of the system; from a reduction in personnel that would result project for required expenses for the develop- and in a change in existing programs, projects, or ment of a proposed prospectus. (9) the TSA has, pursuant to the requirements activities as approved by the Congress, unless SEC. 510. None of the funds appropriated or of section 44903 (i)(2)(A) of title 49, United the Committees on Appropriations of the Senate otherwise made available by this Act shall be States Code, modified CAPPS II or Secure Flight and the House of Representatives are notified 15 used to pursue or adopt guidelines or regula- or other follow on/successor programs with re- days in advance of such reprogramming of tions requiring airport sponsors to provide to the spect to intrastate transportation to accommo- funds. Transportation Security Administration without date States with unique air transportation needs (c) Not to exceed 5 percent of any appropria- cost building construction, maintenance, utili- and passengers who might otherwise regularly tion made available for the current fiscal year ties and expenses, or space in airport sponsor- trigger primary selectee status. for the Department of Homeland Security by owned buildings for services relating to aviation (b) During the testing phase permitted by this Act or provided by previous appropriations security: Provided, That the prohibition of paragraph (a) of this section, no information Acts may be transferred between such appro- funds in this section does not apply to— gathered from passengers, foreign or domestic priations, but no such appropriations, except as (1) negotiations between the agency and air- air carriers, or reservation systems may be used otherwise specifically provided, shall be in- port sponsors to achieve agreement on ‘‘below- to screen aviation passengers, or delay or deny creased by more than 10 percent by such trans- market’’ rates for these items, or boarding to such passengers, except in instances fers: Provided, That any transfer under this sec- (2) space for necessary security checkpoints. where passenger names are matched to a gov- tion shall be treated as a reprogramming of SEC. 511. None of the funds in this Act may be ernment watch list. funds under subsection (b) of this section and used in contravention of the applicable provi- (c) The Government Accountability Office shall not be available for obligation unless the sions of the Buy American Act (41 U.S.C. 10a et shall submit the report required under para- Committees on Appropriations of the Senate and seq.). graph (a) of this section no later than February the House of Representatives are notified 15 SEC. 512. The Secretary of Homeland Security 15, 2005. days in advance of such transfer. is directed to research, develop, and procure cer- SEC. 515. Notwithstanding any other provi- SEC. 503. Except as otherwise specifically pro- tified systems to inspect and screen air cargo on sions of this Act, none of the funds appropriated vided by law, not to exceed 50 percent of unobli- passenger aircraft at the earliest date possible: by this Act may be used to make an award, pur- gated balances remaining available at the end of Provided, That until such technology is pro- suant to a competition under Office of Manage- fiscal year 2005 from appropriations for salaries cured and installed, the Secretary shall take all ment and Budget Circular A–76, to a source for and expenses for fiscal year 2005 in this Act possible actions to prohibit high-risk cargo from the performance of services that were provided shall remain available through September 30, being transported on passenger aircraft. as of June 1, 2004, by employees (including em- 2006, in the account and for the purposes for SEC. 513. None of the funds made available by ployees serving on a temporary or term basis) of which the appropriations were provided: Pro- this or previous appropriations Acts may be obli- the Bureau of Citizenship and Immigration

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.063 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9311 Services of the Department of Homeland Secu- as so increased, $50,000,000 is provided for radi- manufactured within the United States com- rity known as of that date as Immigration Infor- ation detection devices, $50,000,000 is provided pared with funds spent by the Department of mation Officers, Contact Representatives, or In- for additional border inspectors, and $50,000,000 Homeland Security on goods manufactured out- vestigative Assistants unless— is provided for additional border patrol agents. side of the United States. (1) the Secretary of Homeland Security sub- (b) The total amount appropriated under the (c) The Secretary of Homeland Security shall mits to Congress, not later than 60 days before heading ‘‘IMMIGRATION AND CUSTOMS ENFORCE- make the report submitted under this section making such award, a report that describes— MENT, SALARIES AND EXPENSES’’ is hereby in- publicly available to the maximum extent prac- (A) the performance requirements for the serv- creased by $100,000,000. Of such total amount, ticable. ices; as so increased, $50,000,000 is provided for addi- SEC. 523. Section 835 of the Homeland Security (B) the estimated savings to be derived from tional investigator personnel, and $50,000,000 is Act of 2002 (Public Law 107-296; 6 U.S.C. 395) is the performance of such services by that source; provided for detention and removal bedspace amended— (C) the actions that are to be taken to effec- and removal operations. (1) in subsection (a), by inserting before the tuate the transition to performance either by (c) The total amount appropriated under the period ‘‘, or any subsidiary of such an entity’’; Federal Government employees under the appli- heading ‘‘OFFICE OF STATE AND LOCAL GOVERN- (2) in subsection (b)(1), by inserting ‘‘before, cable most efficient organization plan or by a MENT COORDINATION AND PREPAREDNESS, STATE on, or’’ after the ‘‘completes’’; contractor, as the case may be; and AND LOCAL PROGRAMS’’ is hereby increased by (3) in subsection (c)(1)(B), by striking ‘‘which (D) the strategy for mitigating the adverse ef- $128,000,000. The total amount provided in the is after the date of enactment of this Act and’’; fects of such award, if any, on Federal Govern- aforementioned heading for discretionary grants and ment employees; and is increased by $128,000,000. Of that total (4) in subsection (d), by striking ‘‘homeland’’ (2) the making of the award to that source amount, as so increased, the amount for rail and inserting ‘‘national’’. will not result in the closure of an immigration and transit security grants is increased by SEC. 524. During fiscal year 2005, the Sec- information service center that was in operation $128,000,000. retary of Homeland Security and the Secretary on June 1, 2004. (d) The total amount appropriated under of Defense shall permit the New Mexico Army This section shall take effect one day after the OFFICE OF STATE AND LOCAL GOVERN- heading ‘‘ National Guard to continue performing vehicle date of the bill’s enactment. MENT COORDINATION AND PREPAREDNESS, EMER- and cargo inspection activities in support of the SEC. 516. None of the funds made available in GENCY MANAGEMENT PERFORMANCE GRANTS’’ is Bureau of Customs and Border Protection and this Act may be used to amend the oath of alle- hereby increased by $36,000,000. Of such total the Bureau of Immigration and Customs En- giance required by section 337 of the Immigra- amount, as so increased, $36,000,000 is provided forcement under the authority of the Secretary tion and Nationality Act (8 U.S.C. 1448). for emergency management performance grants. of Defense to support counterdrug activities of SEC. 517. INVESTIGATION OF SHOCKOE CREEK (e) In Section 1303 1(j)(3) of the Consolidated law enforcement agencies. DRAIN FIELD, RICHMOND, VIRGINIA, as soon as Omnibus Budget Reconciliation Act of 1985 as SEC. 525. (a) Not later than 3 months after the practicable after the date of enactment of this amended by this Act, strike ‘‘June 1, 2005’’ and date of enactment of this Act, the Secretary of Act, the Director of the Federal Emergency insert ‘‘September 30, 2005.’’ Management Agency shall conduct an inves- SEC. 520. Of the amount appropriated by title Homeland Security shall submit a report to the tigation of the Shockoe Creek drain field in II for the Office of the Under Secretary for Bor- Committees on Appropriations of the Senate and Richmond, Virginia, to determine means of pre- der and Transportation Security under the the House of Representatives and to the Com- venting future damage in that area from floods heading ‘‘AIR AND MARINE INTERDICTION, OPER- mittee on Governmental Affairs and the Com- and other natural disasters. ATIONS, MAINTENANCE, AND PROCUREMENT’’, mittee on Environment and Public Works of the SEC. 518. (a) The total amount appropriated $5,000,000 may be used for a pilot project to test Senate and the Committee on Homeland Secu- by title II for the Office of the Under Secretary interoperable communications between the first rity of the House of Representatives on the im- for Border and Transportation Security under Northern Border Air Wing, Bellingham, Wash- plementation of Homeland Security Presidential the heading ‘‘AIR AND MARINE INTERDICTION, OP- ington, and local law enforcement personnel. Directive Seven. ERATIONS, MAINTENANCE, AND PROCUREMENT’’ is SEC. 521. (a) The Secretary of Homeland Secu- (b) The report under this section shall in- hereby increased by $200,000,000. Of such total rity, in consultation with the Secretary of clude— amount, as so increased, $200,000,000 shall be Transportation, shall— (1) the Department’s plan and associated available for the establishment and operation of (1) develop and maintain an integrated stra- timeline for the mapping of the United States air bases in the States of Michigan, Montana, tegic transportation security plan; and critical infrastructure; New York, North Dakota, and Washington. (2) base future budget requests on the plan. (2) an assessment of the resource requirements (b) The total amount appropriated under the (b) The integrated strategic transportation se- of relevant States, counties, and local govern- heading ‘‘IMMIGRATION AND CUSTOMS ENFORCE- curity plan shall— ments so that full participation by those entities (1) identify and evaluate the United States MENT, FEDERAL AIR MARSHALS’’ is hereby in- may be integrated into the plan; creased by $50,000,000. Of such total amount, as transportation assets that need to be protected; (3) the Department’s plan for oversight of all (2) set risk-based priorities for defending the so increased, $50,000,000 is for the continued op- geospatial information systems management, assets identified; procurement, and interoperability; and erations of the Federal Air Marshals program. (3) select the most practical and cost-effective (c) The total amount appropriated under the (4) the timeline for creating the Department- ways of defending the assets identified; and wide Geospatial Information System capability heading ‘‘OFFICE OF STATE AND LOCAL GOVERN- (4) assign transportation security roles and under the direction of the Chief Information Of- MENT COORDINATION AND PREPAREDNESS, STATE missions to the relevant Federal, State, regional, ficer. AND LOCAL PROGRAMS’’ is hereby increased by and local authorities and to the private sector. SEC. 526. Notwithstanding any other provision $50,000,000. Of such total amount, as so in- (c) The Secretary of Homeland Security shall of law, the fiscal year 2004 aggregate overtime creased, $50,000,000 is for discretionary assist- submit the integrated strategic transportation limitation prescribed in subsection 5(c)(1) of the ance to non-profit organizations (as defined security plan to Congress not later than Feb- Act of February 13, 1911 (19 U.S.C. 261 and 267) under section 501 (c)(3) of the Internal Revenue ruary 1, 2005 and shall submit updated plans, shall be $30,000 and the total amount appro- Code of 1986) determined by the Secretary of including assessments of the progress made on priated by title II under the heading ‘‘CUSTOMS Homeland Security to be at high-risk of inter- implementation of the plan, on the first day of AND BORDER PROTECTION SALARIES AND EX- national terrorist attacks. February each year thereafter. Any part of the PENSES’’ is hereby reduced by $1,000,000. (d) The total amount appropriated under the plan that involves information that is properly SEC. 527. Not later than 90 days after the date heading ‘‘OFFICE OF STATE AND LOCAL GOVERN- classified under criteria established by Executive of enactment of this Act, and every 90 days MENT COORDINATION AND PREPAREDNESS, FIRE- order shall be submitted to Congress separately thereafter, the Secretary of Homeland Security FIGHTER ASSISTANCE GRANTS’’ is hereby in- in classified form. creased by $50,000,000. Of such total amount, as SEC. 522. (a) Not later than 180 days after the shall provide to the Committee on Commerce, so increased, $50,000,000 is for the program au- end of fiscal year 2005, the Secretary of Home- Science, and Transportation and the Sub- thorized by section 33 of the Federal Fire Pre- land Security shall submit a report to Congress committee on Homeland Security of the Com- vention and Control Act of 1974 (15 U.S.C. 2229). that describes the articles, materials, and sup- mittee on Appropriations of the Senate, a classi- (e) The total amount appropriated under the plies acquired by the Department of Homeland fied report on the number of individuals serving heading ‘‘OFFICE OF STATE AND LOCAL GOVERN- Security during fiscal year 2005 that were manu- as Federal Air Marshals. Such report shall in- MENT COORDINATION AND PREPAREDNESS, EMER- factured outside of the United States. clude the number of Federal Air Marshals who GENCY MANAGEMENT PERFORMANCE GRANTS’’ is (b) The report submitted under subsection (a) are women, minorities, or employees of depart- hereby increased by $20,000,000. Of such total shall separately indicate— ments or agencies of the United States Govern- amount, as so increased, $20,000,000 is for emer- (1) the dollar value of each of the articles, mament other than the Department of Homeland gency management performance grants. terials, and supplies acquired by the Depart- Security, the percentage of domestic and inter- (f) Section 13031(j)(3) of the Consolidated Om- ment of Homeland Security that were manufac- national flights that have a Federal Air Mar- nibus Budget Reconciliation Act of 1985 (19 tured outside of the United States; shal aboard, and the rate at which individuals U.S.C. 58c(j)(3)) is amended by striking ‘‘March (2) an itemized list of all waivers granted with are leaving service as Federal Air Marshals. 1, 2005’’ and inserting ‘‘June 1, 2005’’. respect to such articles, materials, or supplies SEC. 528. (a) Congress finds that (1) there is a SEC. 519. (a) The total amount appropriated under the Buy American Act (41 U.S.C. 10a et disproportionate number of complaints against under the heading ‘‘CUSTOMS AND BORDER PRO- seq.); and the Transportation Security Administration for TECTION, SALARIES AND EXPENSES’’ is hereby in- (3) a summary of the total funds spent by the alleged violations of equal employment oppor- creased by $150,000,000. Of such total amount, Department of Homeland Security on goods tunity and veterans preference laws as those

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.063 S15PT1 S9312 CONGRESSIONAL RECORD — SENATE September 15, 2004

laws apply to employment of personnel in air- systems selected for use on commercial aircraft (2) CONTENT OF REPORT.—A report submitted port screener positions in the Transportation Se- at the conclusion of phase II of the counter- under paragraph (1) shall include, for each ac- curity Administration, and (2) there is a signifi- MANPADS development and demonstration pro- tivity to use or develop data-mining technology cant backlog of those complaints remaining un- gram, including— that is required to be covered by the report, the resolved. (A) a schedule for purchasing and installing following information: (b)(1) Not later than 180 days after the date of such technology or systems on commercial air- (A) A thorough description of the data-mining the enactment of this Act, the Comptroller Gen- craft; and technology, the plans for the use of such tech- eral shall submit to Congress a report on the (B) a description of— nology, the data that will be used, and the tar- personnel policies of the Department of Home- (i) the priority in which commercial aircraft get dates for the deployment of the data-mining land Security that apply to the employment of will be equipped with such technology or sys- technology. airport screeners in the Transportation Security tems; (B) An assessment of the likely impact of the Administration, particularly with regard to com- (ii) any efforts to coordinate the schedules for implementation of the data-mining technology pliance with equal employment opportunity and installing such technology or system with pri- on privacy and civil liberties. veterans preference laws. vate airlines; (C) A thorough discussion of the policies, pro- (2) The report under this subsection shall in- (iii) any efforts to ensure that aircraft manu- cedures, and guidelines that are to be developed clude an assessment of the extent of compliance facturers integrate such technology or systems and applied in the use of such technology for of the Transportation Security Administration into new aircraft; and data-mining in order to— (iv) the cost to operate and support such tech- with equal employment opportunity and vet- (i) protect the privacy and due process rights nology or systems on a commercial aircraft. of individuals; and erans’ preference laws as those laws apply to (9) A description of the plan to expedite the (ii) ensure that only accurate information is employment of personnel in airport screener po- use of technology or systems on commercial air- collected and used. sitions in the transportation Security Adminis- craft to address the threat posed by MANPADS tration, a discussion of any systemic problems (D) Any necessary classified information in if intelligence or events indicate that the sched- an annex that shall be available to the Com- that could have caused the circumstances giving ule for the use of such technology or systems, rise to the disproportionate number of committee on Governmental Affairs, the Committee including the schedule for carrying out develop- on the Judiciary, and the Committee on Appro- plaints described in subsection (a), and the ef- ment and demonstration programs by the Sec- forts of the Secretary of Homeland Security and priations of the Senate and the Committee on retary, should be expedited. Homeland Security, the Committee on the Judi- the Under Secretary for Border and Transpor- (10) A description of the efforts of the Sec- ciary, and the Committee on Appropriations of tation Security to eliminate the backlog of unre- retary to survey and identify the areas at do- the House of Representatives. solved complaints and to correct any systemic mestic and foreign airports where commercial (3) TIME FOR REPORT.—Each report required problems identified in the report. aircraft are most vulnerable to attack by under paragraph (1) shall be submitted not later (3) In conducting the review necessary for MANPADS. preparing the report, the Comptroller General (11) A description of the cooperation between than 90 days after the end of fiscal year 2005. SEC. 533. (a) Of any funds previously made shall examine the experience regarding the air- the Secretary and the Administrator of the Fed- available to the Federal Emergency Manage- port screener positions at particular airports in eral Aviation Administration to certify the air- ment Agency in response to the September 11, various regions, including the Louis Armstrong worthiness and safety of technology and sys- 2001, attacks in New York City, not less than New Orleans International Airport. tems to protect commercial aircraft from the risk $4,450,000 shall be provided, subject to the re- SEC. 529. No funds appropriated or otherwise posed by MANPADS in an expeditious manner. made available by this Act shall be used to pur- (c) The report required by subsection (a) shall quest of the Governor of New York, to those sue, implement, or enforce any law, procedure, be transmitted to Congress along with the budg- mental health counseling service entities that guideline, rule, regulation, or other policy that et for fiscal year 2006 submitted by the President have historically provided mental health coun- exposes the identity of an air marshal to any pursuant to section 1105(a) of title 31, United seling through Project Liberty to personnel of party not designated by the Secretary of the De- States Code. the New York City Police Department, the New partment of Homeland Security. SEC. 531. None of the funds available in this York City Fire Department, and other emer- SEC. 530. (a) The Secretary of Homeland Secu- Act shall be available to maintain the United gency services agencies, to continue such coun- rity, in coordination with the head of the States Secret Service as anything but a distinct seling. Transportation Security Administration and the entity within the Department of Homeland Se- SEC. 534. SENSE OF THE SENATE CONCERNING Under Secretary for Science and Technology, curity and shall not be used to merge the United THE AMERICAN RED CROSS AND CRITICAL BIO- shall prepare a report on protecting commercial States Secret Service with any other department MEDICAL SYSTEMS. (a) FINDINGS.—The Senate aircraft from the threat of man-portable air de- function, cause any personnel and operational finds that— fense systems (referred to in this section as elements of the United States Secret Service to (1) the blood supply is a vital public health re- ‘‘MANPADS’’). report to an individual other than the Director source that must be readily available at all (b) The report required by subsection (a) shall of the United States Secret Service, or cause the times, particularly in response to terrorist at- include the following: Director to report directly to any individual tacks and natural disasters; (1) An estimate of the number of organiza- other than the Secretary of Homeland Security. (2) the provision of blood is an essential part tions, including terrorist organizations, that SEC. 532. DATA-MINING REPORT. (a) DEFINI- of the critical infrastructure of the United have access to MANPADS and a description of TIONS.—In this section: States and must be protected from threats of ter- the risk posed by each organization. (1) DATA-MINING.—The term ‘‘data-mining’’ rorism; (2) A description of the programs carried out means a query or search or other analysis of 1 (3) disruption of the blood supply or the com- by the Secretary of Homeland Security to pro- or more electronic databases, where— promising of its integrity could have wide-rang- tect commercial aircraft from the threat posed (A) at least 1 of the databases was obtained ing implications on the ability of the United by MANPADS. from or remains under the control of a non-Fed- States to react in a crisis; and (3) An assessment of the effectiveness and fea- eral entity, or the information was acquired ini- (4) the need exists to ensure that blood collec- sibility of the systems to protect commercial air- tially by another department or agency of the tion facilities maintain adequate inventories to craft under consideration by the Under Sec- Federal Government; prepare for disasters at all times in all locations. retary for Science and Technology for use in (B) the search does not use a specific individ- (b) SENSE OF THE SENATE.—It is the sense of phase II of the counter-MANPADS development ual’s personal identifiers to acquire information the Senate that the Department of Homeland and demonstration program. concerning that individual; and Security’s Information Analysis and Infrastruc- (4) A justification for the schedule of the im- (C) a department or agency of the Federal ture Protection should consult with the Amer- plementation of phase II of the counter- Government or a non-Federal entity acting on ican Red Cross to— MANPADS development and demonstration pro- behalf of the Federal Government is conducting (1) identify critical assets and interdepend- gram. the query or search or other analysis to find a encies; (5) An assessment of the effectiveness of other pattern indicating terrorist, criminal, or other (2) perform vulnerability assessments; and technology that could be employed on commer- law enforcement related activity. (3) identify necessary resources to implement cial aircraft to address the threat posed by (2) DATABASE.—The term ‘‘database’’ does not protective measures to ensure continuity of op- MANPADS, including such technology that is— include telephone directories, information pub- erations and security of information technology (A) either active or passive; licly available via the Internet or available by systems for blood and blood products. (B) employed by the Armed Forces; or any other means to any member of the public SEC. 535. It is the sense of the Senate that— (C) being assessed or employed by other coun- without payment of a fee, or databases of judi- (1) the Director of the Office for State and tries. cial and administrative opinions. Local Government Coordination and Prepared- (6) An assessment of alternate technological (b) REPORTS ON DATA-MINING ACTIVITIES.— ness be given limited authority to approve re- approaches to address such threat, including (1) REQUIREMENT FOR REPORT.—The head of quests from the senior official responsible for ground-based systems. each agency in the Department of Homeland Se- emergency preparedness and response in each (7) A discussion of issues related to any con- curity or the privacy officer, if applicable, that State to reprogram funds appropriated for the tractor liability associated with the installation is engaged in any activity to use or develop State Homeland Security Grant Program of the or use of technology or systems on commercial data-mining technology shall each submit a Office for State and Local Government Coordi- aircraft to address such threat. public report to Congress on all such activities nation and Preparedness to address specific se- (8) A description of the strategies that the Sec- of the agency under the jurisdiction of that offi- curity requirements that are based on credible retary may employ to acquire any technology or cial. threat assessments, particularly threats that

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.063 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9313 arise after the State has submitted an applica- TITLE VI—EMERGENCY AGRICULTURAL producer, the producer shall reimburse the Sec- tion describing its intended use of such grant DISASTER ASSISTANCE retary for the full amount of the assistance pro- funds; SEC. 501. CROP DISASTER ASSISTANCE. (a) vided to the producer under this section. (2) for each State, the amount of funds repro- DEFINITIONS.—In this section: SEC. 502. LIVESTOCK ASSISTANCE PROGRAM. (a) grammed under this section should not exceed 10 (1) ADDITIONAL COVERAGE.—The term ‘‘addi- IN GENERAL.—The Secretary shall use such sums percent of the total annual allocation for such tional coverage’’ has the meaning given the term as are necessary of funds of the Commodity State under the State Homeland Security Grant in section 502(b) of the Federal Crop Insurance Credit Corporation to make and administer pay- Program; and Act (7 U.S.C. 1502(b)). ments for livestock losses to producers for 2003 (3) before reprogramming funds under this (2) INSURABLE COMMODITY.—The term ‘‘insur- or 2004 losses (as elected by a producer), but not section, a State official described in paragraph able commodity’’ means an agricultural com- both, in a county that has received an emer- (1) should consult with relevant local officials. modity (excluding livestock) for which the pro- gency designation by the President or the Sec- retary after January 1, 2003, of which an SEC. 536. DISASTER ASSISTANCE EMPLOYEE ducers on a farm are eligible to obtain a policy amount determined by the Secretary shall be CADRES OF EMERGENCY PREPAREDNESS AND RE- or plan of insurance under the Federal Crop In- made available for the American Indian live- SPONSE DIRECTORATE. surance Act (7 U.S.C. 1501 et seq.). stock program under section 806 of the Agri- (a) IN GENERAL.—The Secretary of Homeland (3) NONINSURABLE COMMODITY.—The term culture, Rural Development, Food and Drug Ad- Security is encouraged to place special emphasis ‘‘noninsurable commodity’’ means an eligible ministration, and Related Agencies Appropria- on the recruitment of American Indians, Alaska crop for which the producers on a farm are eli- tions Act, 2001 (Public Law 106–387; 114 Stat. Natives, and Native Hawaiians for positions gible to obtain assistance under section 196 of 1549A–51). within Disaster Assistance Employee cadres the Federal Agriculture Improvement and Re- form Act of 1996 (7 U.S.C. 7333). (b) ADMINISTRATION.—The Secretary shall maintained by the Emergency Preparedness and make assistance available under this section in Response Directorate. (b) EMERGENCY FINANCIAL ASSISTANCE.—Not- withstanding section 508(b)(7) of the Federal the same manner as provided under section 806 (b) REPORT.—The Secretary of Homeland Se- of the Agriculture, Rural Development, Food curity shall report periodically to the Senate Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (referred to in this title and Drug Administration, and Related Agencies and the House of Representatives with respect Appropriations Act, 2001 (Public Law 106–387; to— as the ‘‘Secretary’’) shall use such sums as are necessary of funds of the Commodity Credit Cor- 114 Stat. 1549A–51). (1) the representation of American Indians, (c) MITIGATION.—In determining the eligibility poration to make emergency financial assistance Alaska Natives, and Native Hawaiians in the for or amount of payments for which a producer authorized under this section available to pro- Disaster Assistance Employee cadres; and is eligible under the livestock assistance producers on a farm that have incurred qualifying (2) the efforts of the Secretary of Homeland gram, the Secretary shall not penalize a pro- crop or quality losses for the 2003 or 2004 crop Security to increase the representation of such ducer that takes actions (recognizing disaster (as elected by a producer), but not both, due to individuals in the cadres. conditions) that reduce the average number of damaging weather or related condition, as de- livestock the producer owned for grazing during SEC. 537. Sections 702 and 703 of the Homeland termined by the Secretary. Security Act of 2002 (6 U.S.C. 342 and 343) are (c) ADMINISTRATION.—The Secretary shall the production year for which assistance is amended by striking ‘‘, or to another official of make assistance available under this section in being provided. SEC. 503. TREE ASSISTANCE PROGRAM. The Sec- the Department, as the Secretary may direct’’ the same manner as provided under section 815 retary shall use such sums as are necessary of each place it appears. of the Agriculture, Rural Development, Food the funds of the Commodity Credit Corporation SEC. 538. Section 208(a) of Public Law 108–137; and Drug Administration, and Related Agencies to provide assistance under the tree assistance 117 Stat. 1849 is amended by striking ‘‘current’’ Appropriations Act, 2001 (Public Law 106–387; program established under subtitle C of title X and inserting ‘‘2005’’. 114 Stat. 1549A–55), including using the same of the Farm Security and Rural Investment Act SEC. 539. LIAISON FOR DISASTER EMERGENCIES. loss thresholds for the quantity and quality of 2002 to producers who suffered tree losses (a) DEPLOYMENT OF DISASTER LIAISON.—If re- losses as were used in administering that sec- during the winter of 2003 through 2004. quested by the Governor or the appropriate tion. SEC. 504. COMMODITY CREDIT CORPORATION. State agency of the affected State, the Secretary (d) REDUCTION IN PAYMENTS.—The amount of The Secretary shall use the funds, facilities, and of Agriculture may deploy disaster liaisons to assistance that a producer would otherwise re- authorities of the Commodity Credit Corporation State and local Department of Agriculture Serv- ceive for a qualifying crop or quality loss under to carry out this title. ice Centers in a federally declared disaster area this section shall be reduced by the amount of SEC. 505. REGULATIONS. (a) IN GENERAL.—The whenever Federal Emergency Management assistance that the producer receives under the Secretary may promulgate such regulations as Agency Personnel are deployed in that area, to crop loss assistance program announced by the are necessary to implement this title. coordinate Department programs with the ap- Secretary on August 27, 2004. (b) PROCEDURE.—The promulgation of the reg- propriate disaster agencies designated under the (e) INELIGIBILITY FOR ASSISTANCE.—Except as ulations and administration of this title shall be Robert T. Stafford Disaster Relief and Emer- provided in subsection (f), the producers on a made without regard to— gency Assistance Act (42 U.S.C. 5121 et seq.). farm shall not be eligible for assistance under (1) the notice and comment provisions of sec- (b) QUALIFICATIONS.—A disaster liaison shall this section with respect to losses to an insur- tion 553 of title 5, United States Code; be selected from among Department employees able commodity or noninsurable commodity if (2) the Statement of Policy of the Secretary of who have experience providing emergency dis- the producers on the farm— Agriculture effective July 24, 1971 (36 Fed. Reg. aster relief in federally declared disaster areas. (1) in the case of an insurable commodity, did 13804), relating to notices of proposed rule- (c) DUTIES.—A disaster liaison shall— not obtain a policy or plan of insurance for the making and public participation in rulemaking; (1) serve as a liaison to State and Federal insurable commodity under the Federal Crop In- and Emergency Services; surance Act (7 U.S.C. 1501 et seq.) for the crop (3) chapter 35 of title 44, United States Code (2) be deployed to a federally declared disaster incurring the losses; and (commonly known as the ‘‘Paperwork Reduction area to coordinate Department interagency pro- (2) in the case of a noninsurable commodity, Act’’). grams in assistance to agricultural producers in did not file the required paperwork, and pay the (c) CONGRESSIONAL REVIEW OF AGENCY RULE- the declared disaster area; administrative fee by the applicable State filing MAKING.—In carrying out this section, the Sec- (3) facilitate the claims and applications of deadline, for the noninsurable commodity under retary shall use the authority provided under agricultural producers who are victims of the section 196 of the Federal Agriculture Improve- section 808 of title 5, United States Code. disaster that are forwarded to the Department ment and Reform Act of 1996 (7 U.S.C. 7333) for SEC. 506. EMERGENCY DESIGNATION. Amounts by the appropriate State Department of Agri- the crop incurring the losses. appropriated or otherwise made available in this (f) CONTRACT WAIVER.—The Secretary may culture agency director; and title are each designated as an emergency re- waive subsection (e) with respect to the pro- quirement pursuant to section 402 of S. Con. (4) coordinate with the Director of the State ducers on a farm if the producers enter into a Res. 95 (108th Congress), as made applicable to office of the appropriate Department agency to contract with the Secretary under which the the House of Representatives by H. Res. 649 assist with the application for and distribution producers agree— (108th Congress) and applicable to the Senate by of economic assistance. (1) in the case of an insurable commodity, to section 14007 of the Department of Defense Ap- (d) DURATION OF DEPLOYMENT.—The deploy- obtain a policy or plan of insurance under the propriations Act, 2005 (Public Law 108–287; 118 ment of a disaster liaison under subsection (a) Federal Crop Insurance Act (7 U.S.C. 1501 et Stat. 1014). may not exceed 30 days. seq.) providing additional coverage for the in- This Act may be cited as the ‘‘Department of (e) DEFINITION.—In this section, the term surable commodity for each of the next 2 crops; Homeland Security Appropriations Act, 2005’’. ‘‘federally declared disaster area’’ means— and f (1) an area covered by a Presidential declara- (2) in the case of a noninsurable commodity, tion of major disaster, including a disaster to file the required paperwork and pay the ad- CALLING FOR THE SUSPENSION caused by a wildfire, issued under section 301 of ministrative fee by the applicable State filing OF SUDAN’S MEMBERSHIP ON the Robert T. Stafford Disaster Relief and Emer- deadline, for the noninsurable commodity for THE U.N. COMMISSION ON gency Assistance Act (42 U.S.C. 5170); or each of the next 2 crops under section 196 of the HUMAN RIGHTS (2) determined to be a disaster area, including Federal Agriculture Improvement and Reform a disaster caused by a wildfire, by the Secretary Act of 1996 (7 U.S.C. 7333). Mr. FRIST. Mr. President, in a few under subpart A of part 1945 of title 7, Code of (g) EFFECT OF VIOLATION.—In the event of the minutes, I will be propounding a num- Federal Regulations. violation of a contract under subsection (f) by a ber of unanimous consent requests and

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.063 S15PT1 S9314 CONGRESSIONAL RECORD — SENATE September 15, 2004 completing business for the day. One of That is going on. After 1,200 inter- The assistant legislative clerk read the unanimous consent requests I will views that have occurred over the last as follows: propound shortly has to do with one of month, the Secretary of State this past A concurrent resolution (S. Con. Res. 137) the most significant humanitarian cri- week in a Foreign Relations hearing calling for the suspension of Sudan’s mem- ses of recent years—and most people said: Yes. Based on our findings inde- bership on the United Nation’s Commission would say it is the most dramatic hu- pendent of what Congress decided, this on Human Rights. manitarian global crisis of today—the is genocide. There being no objection, the Senate atrocities that are occurring in Sudan, What we don’t have yet is a deter- proceeded to consider the concurrent in the Darfur region of Sudan, which is mination by the United Nations be- resolution. a region in western Sudan which is cause there are countries such as China Mr. DASCHLE. Mr. President, I am about the size of France. and Russia and Pakistan and others pleased to have joined Senator FRIST in Sudan is a huge country, and this that sit on the Security Council. Basi- the submission of S. Con. Res. 137. whole Darfur region since a year before cally they have not yet made a deter- It is a shame, really, that we need to last February has been the geographic mination. Meanwhile people continue be here on the floor again to discuss location where 30,000 to 50,000 people to die. The atrocities continue. Thus, Sudan. Yet we were confronted again have died, with another 1.4 million and this body today in this resolution will this morning with even more troubling maybe as high as 1.7 million people dis- take action to push for the immediate and disconcerting news about the placed from their homes—action that suspension of Sudan’s membership on Darfur region of Sudan. According to we condemned on the floor of the Sen- the United Nations Commission on this morning’s newspapers, the United ate, and the House did likewise, at the Human Rights. Nations has concluded that between end of July before our recess, and des- The Senate resolution further states 6,000 and 10,000 people are dying from ignating in the most dramatic terms that the United Nations should imme- disease and violence each month in Su- that this is genocide. diately move to determine whether dan’s Darfur region. Unfortunately, not a lot has hap- genocide has been conducted in Darfur, What is worse is that the United Na- pened on the ground that is construc- and if it has, that the Secretary of tions—like the United States—has con- tive since that point in time. Thirty State should push for Sudan’s removal cluded that each and every one of these days passed and a United Nations de- from the United Nations Commission deaths is entirely preventable. termination on what was going on on Human Rights. A government, as I Unfortunately, however, the Suda- didn’t have very much teeth to it, and said, engaged in genocide should not nese government continues to support the Government in Khartoum of Sudan have a seat on this Commission. It marauding militias that not only mur- simply hasn’t responded. Thus these makes a mockery of the Human Rights der people whose only offense is to be atrocities—the rape, the pillaging, the Commission. This is an affront to all of a different ethnicity, but those mili- murder, the total destruction of the responsible countries that embrace and tias continue to hinder efforts to re- villages—have continued. It is impor- promote human rights. spond to one of Africa’s worst humani- The 1948 Genocide Convention calls tant that the United Nations continue tarian crises. on state parties to punish genocide— to act and address this issue. It is also This resolution also calls attention those are the words it uses—when it oc- important, since the United Nations to a separate tragedy: That Sudan was curs. The United States is party to this has not really acted, that we in the granted a seat on the United Nations 1948 Convention on Genocide and so is United States lead with clarity, bold- Human Rights Commission. It won Sudan. The United States has taken a ness, and, I would say, moral clarity. that seat at a time when its tolerance number of actions to provide relief to The resolution we will be addressing and even support for militias in Darfur the people of Sudan. We have intro- shortly takes that next step for what was widely known. Unfortunately, not duced resolutions to the U.N. con- we in this legislative body can do. The only did no one in the Arab world ob- demning Khartoum’s actions. We have resolution calls upon the Secretary of ject to Sudan taking this seat, neither taken a number of actions. The United State to take action to push for the did the administration use its clout at States has already placed comprehen- immediate suspension of Sudan’s mem- the United Nations to stop this. sive sanctions on Sudan for its actions bership on the United Nations Commis- This resolution says very clearly as a state sponsor of terrorism. sion on Human Rights. A government What we are doing today is pushing that a government that appears to be that is engaged in committing geno- to suspend Sudan from the Human tolerating genocide has no business cide should simply not have a seat on Rights Commission, which is conserving on the UN Human Rights Com- the Commission on Human Rights. sistent with our obligations under that mission. Since the initial resolution we passed Genocide Convention. It makes sense. I also want to take a minute to dis- in July designating this as genocide, I It is the right thing to do. I hope the cuss an additional effort on Sudan that have had the opportunity to go to House of Representatives will take up Senators LEAHY, MCCONNELL, FRIST Sudan once again, which I do at least this resolution quickly and pass it and I were able to work out this morn- once a year as part of the medical mis- forthwith. I also hope in the meantime, ing. sion work I do. But this time I had the Secretary Powell will listen to the will We all recognize that we will soon opportunity to go to the country of and intent of the Congress and begin face mounting costs to ease the suf- Chad, which is just west of the Darfur taking appropriate action. If we are fering caused by this humanitarian dis- region of Sudan where we have had going to preserve the credibility of the aster in Darfur. As such, we were able thousands and thousands of people flee United Nations and its separate com- to come to a straightforward, common- to escape the Janjaweed, the militia missions, if we are going to advance sense agreement that the President that is being funded by the Govern- the causes of human rights, if we are and Secretary of State should re-direct ment of Khartoum. going to protect oppressed peoples $150 million in unused reconstruction In these refugee camps—Tulum is one around the globe, and especially in money from Iraq to Darfur and for the I immediately think of where 15,000 Darfur, then the U.N. must take more African Union forces that are attempt- people fled—the stories you hear would aggressive action. ing to stabilize the situation there. be a woman who says: Last month, I I turn to the resolution and ask Let me be clear: This is not money was there with my three little kids, unanimous consent the Senate proceed for our troops in Iraq, but is unused re- and my husband was in the fields work- to the immediate consideration of S. construction money. This is the right ing, and the Janjaweed military in uni- Con. Res. 137, which was submitted ear- thing to do, and I commend my col- form came and destroyed our entire lier today by Senators FRIST and leagues for their efforts to make sure it village. My two children, I don’t know DASCHLE. happens. where they are. I assume they have The PRESIDING OFFICER (Mr. Mr. FRIST. I ask that the concurrent been killed. Here is one child with me. CHAMBLISS). Without objection, it is so resolution be agreed to, the preamble My husband is dead, and I have no ordered. be agreed to, the motion to reconsider home and nowhere to go, so I am in the The clerk will report the concurrent be laid upon the table, and any state- refugee camp. resolution by title. ments be printed in the RECORD.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.087 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9315 The PRESIDING OFFICER. Without Whereas the United States has recently in- Whereas it is a mockery of human rights objection, it is so ordered. troduced a new resolution in the United Na- as a universal principle, a challenge to the The concurrent resolution (S. Con. tions Security Council that calls for the United Nations as an institution, and an af- Res. 137) was agreed to. Government of Sudan to cooperate fully with front to all responsible countries that em- The preamble was agreed to. an expanded African Union force and for a brace and promote human rights that a gov- cessation of Sudanese military flights over ernment under investigation by the United The concurrent resolution, with its Darfur; preamble, reads as follows: Nations for committing genocide against, Whereas the introduced resolution also and violating the human rights of, its own S. CON. RES. 137 provides for international overflights of the citizens sits in judgment of others as a mem- Whereas, in Darfur, Sudan, more than Darfur region to monitor the situation on ber in good standing of the United Nations 30,000 innocent civilians have been murdered, the ground and requires the United Nations Commission on Human Rights: Now, there- more than 400 villages have been destroyed, Security Council to review the record of fore, be it more than 130,000 men, women, and children compliance of the Government of Sudan to have been forced from their villages into determine whether the United Nations Resolved by the Senate (the House of Rep- neighboring countries, and more than should impose sanctions on Sudan, including resentatives concurring), That Congress— 1,000,000 people have been internally dis- sanctions affecting the petroleum sector in (1) recognizes and approves of the findings placed; that country; of the Secretary of State that genocide has Whereas the United States Government Whereas the resolution also urges the Gov- occurred and may still be occurring in has been, and remains as of September 2004, ernment of Sudan and the Sudanese People’s Darfur, Sudan, and that the Government of the largest contributor of assistance to the Liberation Movement to conclude negotia- Sudan bears responsibility for such acts; people of Darfur, having provided over tions on a comprehensive peace accord and, (2) supports the Secretary of State’s call $200,000,000 in assistance, which constitutes most important, calls for a United Nations for a full and unfettered investigation by the more than 70 percent of the total assistance investigation into all violations of inter- United Nations into all violations of inter- provided to that region; national humanitarian law and human rights national humanitarian law and human rights Whereas the United States has pledged law that have occurred in Darfur in order to law that have occurred in Darfur, with a $299,000,000 in humanitarian aid to Darfur ensure accountability; view to ensuring accountability; through fiscal year 2005, as well as $11,800,000 Whereas the United Nations Security (3) supports the resolution introduced by in support of the African Union mission in Council, in United Nations Security Council the United States Government in the United that region, and is likely to provide support Resolution 1556, emphasized that the Govern- Nations Security Council on September 9, in excess of those pledges; ment of Sudan bears primary responsibility 2004, with regard to the situation in Darfur; Whereas United States citizens and private for respecting human rights and protecting organizations, as well as the United States the people of Sudan; (4) calls upon the Secretary of State and Government, have admirably worked, at Whereas United Nations Security Council the United States Permanent Representative great risk and through great effort, to ease Resolution 1556 calls upon the Government to the United Nations to take immediate suffering in Darfur, Sudan, and in eastern of Sudan to cooperate with the United Na- steps to pursue the establishment of a formal Chad; tions; United Nations investigation, under Article Whereas, based on credible reports, Con- Whereas the United Nations Human Rights VIII of the Genocide Convention to deter- gress determined in late July 2004 that acts Commission, established in 1946 and given mine whether the actions of the Government of genocide were occurring in Darfur, Sudan, the responsibility of drafting the Universal of Sudan in Darfur constitute acts of geno- and that the Government of Sudan bears di- Declaration of Human Rights, is responsible cide; rect responsibility for many of those acts of for promoting respect for and observance of, (5) calls upon the Secretary of State and genocide; human rights and fundamental freedoms for the United States Permanent Representative Whereas, expressing its grave concern at all; to the United Nations to take immediate the ongoing humanitarian crisis and wide- Whereas the Universal Declaration of steps to pursue the immediate suspension of spread human rights violations in Darfur, in- Human Rights declares that all human Sudan from the United Nations Commission cluding continued attacks on civilians that beings are born free and equal in dignity and on Human Rights; place thousands of lives at risk, the United rights, that everyone is entitled to all the (6) calls upon the Secretary of State and Nations Security Council on July 30, 2004, rights and freedoms set forth in the Declara- the United States Permanent Representative unanimously adopted Security Council Reso- tion regardless of race, color, sex, language, to the United Nations to take further steps lution 1556, which called upon the Govern- religion, political or other opinion, or na- to ensure that the suspension of Sudan from ment of Sudan to fulfill immediately its ob- tional or social origin, property, birth, or the United Nations Commission on Human ligations to facilitate humanitarian relief ef- other status that everyone has the right to forts, to take steps to disarm immediately life, liberty and security of person, that no Rights remains in effect unless and until the the Janjaweed militias responsible for at- one shall be held in slavery or servitude, and Government of Sudan meets all of its obliga- tacks on civilians and bring the perpetrators that no one shall be subjected to torture or tions, as determined by the United Nations of such attacks to justice, and to cooperate to cruel, inhuman, or degrading treatment or Security Council, under United Nations Se- with independent United Nations-sponsored punishment; curity Council Resolution 1556 of July 30, investigations of human rights violations; Whereas the Convention on the Prevention 2004, and any subsequent United Nations Se- Whereas the Government of Sudan has and Punishment of Genocide, done at Paris curity Council resolutions regarding this failed to take credible steps to comply with on December 9, 1948 (hereafter in this resolu- matter; the demands of the international community tion referred to as the ‘‘Genocide Conven- (7) calls upon the Secretary of State and as expressed through the United Nations Se- tion’’), delineates the criteria that con- the United States Permanent Representative curity Council; stitute genocide and requires parties to pre- to the United Nations to take steps to ensure Whereas, according to press reports, re- vent and punish genocide; that, in the event that the formal investiga- ports from nongovernmental organizations, Whereas Sudan is a state party to the tion of acts of genocide in Sudan results in a first-hand accounts from refugees, and other Genocide Convention and remains a member determination by the UN that genocide has sources, the Janjaweed attacks on the civil- of the United Nations Commission on Human occurred or is occurring in Darfur, the ians of Darfur continue unabated as of Sep- Rights; United States Government takes appropriate tember 2004; Whereas the Secretary of State determined actions to ensure that Sudan is removed Whereas there are credible reports from that, according to United States law, the from the United Nations Human Rights Com- some of these same sources that the Govern- Government of Sudan is a state sponsor of mission; ment of Sudan is providing assistance to the terrorism and has been since 1993 and there- (8) calls upon the member states of the Janjaweed militias and, in some cases, that fore remains ineligible for U.S. foreign as- Government of Sudan forces have partici- sistance; United Nations Commission on Human pated directly in attacks on civilians; Whereas, due to the human rights situa- Rights to convene an immediate special ses- Whereas the United States Government, tion in Darfur, it would be consistent with sion to consider the urgent and acute human after conducting more than 1,000 interviews United States obligations under the Geno- rights situation in Sudan for the purpose of with survivors and refugees, has determined cide Convention for the Secretary of State considering whether Sudan should be sus- that genocide has occurred in Darfur, that it and the United States Permanent Represent- pended from membership in such Commis- may still be occurring, and that both the ative to the United Nations to seek the im- sion; and Janjaweed and the Government of Sudan mediate suspension of Sudan from the (9) expects the Secretary of State to report bear responsibility for these acts; United Nations Commission on Human to Congress on progress made toward taking Whereas the Secretary of State has deter- Rights and, in the event a formal investiga- the actions and accomplishing the objectives mined that the attacks by the Government tion results in a determination by the UN outlined in this resolution not later than 60 of Sudan and the Janjaweed on the non-Arab that genocide has occurred in Darfur, the ul- days after the date on which Congress agrees people of Darfur and their villages are based timate removal of Sudan from such Commis- to the resolution. on race, not religion; sion; and

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.097 S15PT1 S9316 CONGRESSIONAL RECORD — SENATE September 15, 2004 UNANIMOUS CONSENT Mr. FRIST. Mr. President, that same not accept, hold, administer, or use a gift, AGREEMENT—S. 2666 spirit is what we plan to continue to donation, or bequest if the acceptance, hold- address in this appropriations bill, and ing, administration, or use would create a Mr. FRIST. Mr. President, I ask on conflict of interest or the appearance of a Tuesday, September 21, at a time to be we will continue to address in other ap- conflict of interest. determined by the majority leader in propriations bills as they become avail- ø‘‘(2) VOLUNTARY SERVICES.—A person who consultation with the Democratic lead- able. provides voluntary and uncompensated serv- er, the Senate proceed to the consider- f ice under subsection (a) shall not be considered a Federal employee for any purpose ation of Calendar No. 635, S. 2666, the FEDERAL TRADE COMMISSION Legislative Branch appropriations bill; other than for purposes of chapter 81 of title REAUTHORIZATION ACT OF 2003 5, United States Code, (relating to compensa- that the four managers’ amendments tion for injury) and section 2671 through 2680 at the desk be agreed to, and no other Mr. FRIST. I ask that the Senate now proceed to the immediate consid- of title 28, United States Code, (relating to amendments be in order. I further ask tort claims).’’. eration of Calendar 251, S. 1234. that there be 1 hour of debate yielded øTITLE II—INTERNATIONAL CONSUMER back of the time, and the bill, as The PRESIDING OFFICER. The PROTECTION clerk will report the bill by title. amended, be read the third time and re- øSEC. 201. FINDINGS. turned to the Senate calendar. The assistant legislative clerk read øThe Congress finds the following: The PRESIDING OFFICER. Without as follows: ø(1) The Federal Trade Commission pro- objection, it is so ordered. A bill (S. 1234) to reauthorize the Federal tects consumers from fraud and deception. Mr. FRIST. I further ask that the Ap- Trade Commission, and for other purposes. Cross-border fraud and deception are growing propriations Committee then be dis- There being no objection, the Senate international problems that affect American consumers and businesses. charged from further consideration and proceeded to consider the bill, which ø(2) The development of the Internet and the Senate proceed to the consider- had been reported from the Committee improvements in telecommunications tech- ation of H.R. 4755, the House-passed on Commerce, Science, and Transpor- nologies have brought significant benefits to Legislative Branch appropriations bill, tation, with an amendment to strike consumers. At the same time, they have also that the text of the bill relating solely all after the enacting clause and insert provided unprecedented opportunities for to the House remain; that all other in lieu thereof the following: those engaged in fraud and deception to establish operations in one country and vic- text be stricken, and the text of the (Strike the part shown in black brackets timize a large number of consumers in other Senate bill, as amended, be inserted, and insert the part shown in italic.) countries. and the Senate then proceed to a vote S. 1234 ø(3) An increasing number of consumer on H.R. 4755, as amended, all without Be it enacted by the Senate and House of Rep- complaints collected in the Consumer Sen- any intervening action or debate. resentatives of the United States of America in tinel database maintained by the Commis- The PRESIDING OFFICER. Without Congress assembled, sion, and an increasing number of cases objection, it is so ordered. øSECTION 1. SHORT TITLE. brought by the Commission, involve foreign Mr. FRIST. I further ask upon pas- øThis Act may be cited as the ‘‘Federal consumers, foreign businesses or individuals, sage of the bill the bill be held at the Trade Commission Reauthorization Act of or assets or evidence located outside the desk as if a House message. 2003’’. United States. ø(4) The Commission has legal authority to Mr. REID. Mr. President, I think the ø TITLE I—REAUTHORIZATION remedy law violations involving domestic work that we did this past several days øSEC. 101. REAUTHORIZATION. and foreign wrongdoers, pursuant to the Fed- on the Homeland Security appropria- øThe text of section 25 of the Federal eral Trade Commission Act. The Commis- tions bill should set the tone and the Trade Commission Act (15 U.S.C. 57c) is sion’s ability to obtain effective relief using direction that we can take the next few amended to read as follows: this authority, however, may face practical weeks to complete any number of ap- ø‘‘There are authorized to be appropriated impediments when wrongdoers, victims, propriations bills. If we continue with to carry out the functions, powers, and du- other witnesses, documents, money and third the same bipartisan spirit that we have ties of the Commission not to exceed parties involved in the transaction are widely dispersed in many different jurisdictions. had before—I know we have had a lot of $194,742,000 for fiscal year 2004, $224,695,000 for fiscal year 2005, and $235,457,000 for fiscal Such circumstances make it difficult for the extraneous matters, just dealing with year 2006.’’. Commission to gather all the information the matters dealing with the appro- øSEC. 102. AUTHORITY TO ACCEPT REIMBURSE- necessary to detect injurious practices, to priations bills as we started the Home- MENTS, GIFTS, AND VOLUNTARY recover offshore assets for consumer redress, land Security appropriations bill with AND UNCOMPENSATED SERVICES. and to reach conduct occurring outside the more than 200 amendments. We were øThe Federal Trade Commission Act (15 United States that affects United States con- able to work through those. I don’t U.S.C. 41 et seq.) is amended— sumers. ø(1) by redesignating section 26 as section ø(5) Improving the ability of the Commis- know how many votes we had, but we sion and its foreign counterparts to share in- had a lot of votes. I would hope that 28; and ø(2) by inserting after section 25 the fol- formation about cross-border fraud and de- next week we can make some serious lowing: ception, to conduct joint and parallel inves- progress on some of these appropria- tigations, and to assist each other is critical ø‘‘SEC. 26. REIMBURSEMENT OF EXPENSES. to achieve more timely and effective enforce- tions bills before we get into the last 2 ø‘‘The Commission may accept payment or ment in cross-border cases. weeks of being here when we have to reimbursement, in cash or in kind, from a ø(6) Consequently, Congress should enact deal with the September 11 report and domestic or foreign law enforcement author- other such matters. We have the right legislation to provide the Commission with ity, or payment or reimbursement made on more tools to protect consumers across bor- to pat ourselves on the back for the behalf of such authority, for expenses in- ders. curred by the Commission, its members, or work we have done the last few days in øSEC. 202. FOREIGN LAW ENFORCEMENT AGENCY the Senate relating to this appropria- employees in carrying out any activity pur- DEFINED. tions process. suant to a statute administered by the Com- øSection 4 of the Federal Trade Commis- The PRESIDING OFFICER. Without mission without regard to any other provision Act (15 U.S.C. 44) is amended by adding sion of law. Any such payments or reim- at the end the following: objection, the request is agreed to. bursements shall be considered a reimburse- ø Mr. REID. And I say this, too: Sen- ‘‘ ‘Foreign law enforcement agency’ ment to the appropriated funds of the Com- means— ator BYRD and Senator STEVENS did mission. ø‘‘(1) any agency or judicial authority of a some good work in allowing Members ø‘‘SEC. 27. GIFTS AND VOLUNTARY AND UNCOM- foreign government, including a foreign to get to this work, along with you and PENSATED SERVICES. state, a political subdivision of a foreign Senator DASCHLE, so the whole body ø‘‘(a) IN GENERAL.—In furtherance of its state, or a multinational organization con- should be favorably inclined. This has functions the Commission may accept, hold, stituted by and comprised of foreign states, been hard work. We read off a few administer, and use unconditional gifts, do- that is vested with law enforcement or inves- words, but it is easier to read them nations, and bequests of real, personal, and tigative authority in civil, criminal, or ad- than what it took to write this down. I other property and, notwithstanding section ministrative matters; 1342 of title 31, United States Code, accept ø‘‘(2) any multinational organization, to personally appreciate the work of the voluntary and uncompensated services. the extent that it is acting on behalf of an two leaders of the Appropriations Com- ø‘‘(b) LIMITATIONS.— entity described in paragraph (1); or mittee and the Democratic and Repub- ø‘‘(1) CONFLICTS OF INTEREST.—Notwith- ø‘‘(3) any organization that is vested with lican leaders in their work. standing subsection (a), the Commission may authority, as a principal mission, to enforce

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.098 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9317 laws against fraudulent, deceptive, mis- attorneys to provide assistance to foreign ø‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NO- leading, or unfair commercial practices af- and international tribunals and to litigants TICE OF COMPULSORY PROCESS fecting consumers, in accordance with cri- before such tribunals on behalf of a foreign FOR CERTAIN THIRD PARTIES. ø teria laid down by law, by a foreign state or law enforcement agency pursuant to section ‘‘(a) CONFIDENTIALITY OF COMPULSORY a political subdivision of a foreign state.’’. 1782 of title 28, United States Code. PROCESS ISSUED BY THE COMMISSION.— ø‘‘(1) This subsection shall apply only in øSEC. 203. SHARING INFORMATION WITH FOR- ø‘‘(2) The Commission may provide assist- EIGN LAW ENFORCEMENT AGEN- ance under paragraph (1) without regard to connection with compulsory process issued CIES. whether the conduct identified in the request by the Commission where the recipient of ø(a) IN GENERAL.—Section 21(b)(6) of the would also constitute a violation of the laws such process is not a subject of the investiga- Federal Trade Commission Act (15 U.S.C. of the United States. tion or proceeding at the time such process 57b–2(b)(6)) is amended by adding at the end ø‘‘(3) In deciding whether to provide such is issued. ‘‘The custodian may make such material assistance, the Commission shall consider— ø‘‘(2) Notwithstanding any law or regula- available to any foreign law enforcement ø‘‘(A) whether the requesting agency has tion of the United States, any constitution, agency upon the prior certification of any of- agreed to provide or will provide reciprocal law or regulation of any State or political ficer of any such foreign law enforcement assistance to the Commission; and subdivision of any State or any Territory or agency that such material will be main- ø‘‘(B) whether compliance with the request the District of Columbia, or any contract or tained in confidence and will be used only for would prejudice the public interest of the other legally enforceable agreement, the official law enforcement purposes, provided United States. Commission may seek an order requiring the that the foreign law enforcement agency has ø‘‘(4) If a foreign law enforcement agency recipient of compulsory process described in set forth a legal basis for its authority to has set forth a legal basis for requiring exe- paragraph (1) to keep such process confiden- maintain the material in confidence. Noth- cution of an international agreement as a tial, upon an ex parte showing to an appro- ing in the preceding sentence authorizes dis- condition for reciprocal assistance, or as a priate United States district court that closure of material obtained in connection condition for disclosure of materials or in- there is a reason to believe that disclosure with the administration of Federal antitrust formation to the Commission, the Commis- may— laws or foreign antitrust laws (within the sion, after consultation with the Secretary ø‘‘(A) result in the transfer of assets or meaning of section 12 of the International of State, may negotiate and conclude an records outside the territorial limits of the Antitrust Enforcement Assistance Act of international agreement, in the name of ei- United States; 1994 (15 U.S.C. 6211)) to any officer or em- ther the United States or the Commission ø‘‘(B) impede the ability of the Commis- ployee of a foreign law enforcement agen- and with the final approval of the agreement sion to identify or trace funds; cy.’’. by the Secretary of State, for the purpose of ø‘‘(C) endanger the life or physical safety ø(b) PUBLICATION OF INFORMATION; RE- obtaining such assistance or disclosure. The of an individual; PORTS.—Section 6(f) of the Federal Trade Commission may undertake in such an inter- ø‘‘(D) result in flight from prosecution; Commission Act (15 U.S.C. 46(f)) is amend- national agreement— ø‘‘(E) result in destruction of or tampering ed— ø‘‘(A) to provide assistance using the pow- with evidence; ø(1) by striking ‘‘agencies or to any officer ers set forth in this subsection; ø‘‘(F) result in intimidation of potential or employee of any State law enforcement ø‘‘(B) to disclose materials and informa- witnesses; agency’’ and inserting ‘‘agencies, to any offi- tion in accordance with subsection (f) of this ø‘‘(G) result in the dissipation or conceal- cer or employee of any State law enforce- section and section 21(b)(6) of this Act; and ment of assets; or ment agency, or to any officer or employee ø‘‘(C) to engage in further cooperation, and ø‘‘(H) otherwise seriously jeopardize an in- of any foreign law enforcement agency’’; protect materials and information received vestigation or unduly delay a trial. ø(2) by striking ‘‘Federal or State law en- from disclosure, as authorized by this Act. ø‘‘(3) Upon a showing described in para- forcement agency’’ and inserting ‘‘Federal, ø‘‘(5) The authority in this subsection is in graph (2), the presiding judge or magistrate State, or foreign law enforcement agency’’; addition to, and not in lieu of, any other au- judge shall enter an ex parte order prohib- and thority vested in the Commission or any iting the recipient of process from disclosing ø(3) by adding at the end ‘‘Such informa- other officer of the United States.’’. that information has been submitted or that tion shall be disclosed to an officer or em- øSEC. 205. INFORMATION SUPPLIED BY AND a request for information has been made, for ployee of a foreign law enforcement agency ABOUT FOREIGN SOURCES. such period as the court deems appropriate. only if the foreign law enforcement agency øSection 21(f) of the Federal Trade Com- ø‘‘(b) MATERIALS SUBJECT TO GOVERNMENT has set forth a legal basis for its authority to mission Act (15 U.S.C. 57b–2(f)) is amended— NOTIFICATION UNDER THE RIGHT TO FINANCIAL maintain the information in confidence. ø(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and PRIVACY ACT.— ø Nothing in the preceding sentence authorizes adding at the end the following: ‘‘(1) When section 1105 or 1107 of the Right the disclosure of material obtained in con- ø‘‘(2)(A) Except as provided in subpara- to Financial Privacy Act of 1978 (12 U.S.C. nection with the administration of Federal graph (C) of this paragraph, the Commission 3405 or 3407) would otherwise require notice, antitrust laws or foreign antitrust laws shall not be compelled to disclose— notwithstanding such requirements, the (within the meaning of section 12 of the ø‘‘(i) material obtained from a foreign law Commission may obtain from a financial in- International Antitrust Enforcement Assist- enforcement agency or other foreign govern- stitution access to or copies of financial ance Act of 1994 (15 U.S.C. 6211)) to any offi- ment agency, if the foreign law enforcement records of a customer, as these terms are de- cer or employee of a foreign law enforcement agency or other foreign government agency fined in section 1101 of the Right to Finan- agency.’’. has requested confidential treatment as a cial Privacy Act of 1978 (12 U.S.C. 3401), øSEC. 204. OBTAINING INFORMATION FOR FOR- condition of disclosing the material; through compulsory process described in EIGN LAW ENFORCEMENT AGEN- ø‘‘(ii) material reflecting consumer com- subsection (a)(1) or through a judicial sub- CIES. plaints obtained from any other foreign poena, without prior notice to the customer, øSection 6 of the Federal Trade Commis- source, if that foreign source supplying the upon an ex parte showing to an appropriate sion Act (15 U.S.C. 46) is amended by adding material has requested confidential treat- United States district court that there is at the end the following: ment as a condition of disclosing the mate- reason to believe that the required notice ø‘‘(j)(1) Upon request from a foreign law en- rial; or may cause an adverse result described in forcement agency, to provide assistance in ø‘‘(iii) material reflecting a consumer com- subsection (a)(2). accordance with this subsection if the re- plaint submitted to a Commission reporting ø‘‘(2) Upon such showing, the presiding questing agency states that it is inves- mechanism sponsored in part by foreign law judge or magistrate judge shall enter an ex tigating, or engaging in enforcement pro- enforcement agencies or other foreign gov- parte order granting a delay of notice for a ceedings against, possible violations of laws ernment agencies. period not to exceed 90 days and an order prohibiting fraudulent, deceptive, mis- ø‘‘(B) For purposes of section 552 of title 5, prohibiting the financial institution from leading, or unfair commercial conduct, or this paragraph shall be considered a statute disclosing that records have been submitted other conduct that may be similar to con- described in subsection (b)(3)(B) of such sec- or that a request for records has been made. duct prohibited by any provision of the laws tion 552. ø‘‘(3) The court may grant extensions of administered by the Commission, other than ø‘‘(C) Nothing in this paragraph shall au- the period of delay of notice provided in Federal antitrust laws (within the meaning thorize the Commission to withhold informa- paragraph (2) of up to 90 days, upon a show- of section 12 of the International Antitrust tion from the Congress or prevent the Com- ing that the requirements for delayed notice Enforcement Assistance Act of 1994 (15 mission from complying with an order of a under subsection (a)(2) continue to apply. U.S.C. 6211)), the Commission may, in its dis- court of the United States in an action com- ø‘‘(4) Upon expiration of the periods of cretion— menced by the United States or the Commis- delay of notice ordered under paragraphs (2) ø‘‘(A) conduct such investigation as the sion.’’. and (3), the Commission shall serve upon, or Commission deems necessary to collect in- øSEC. 206. CONFIDENTIALITY AND DELAYED NO- deliver by registered or first-class mail, or as formation and evidence pertinent to the re- TICE OF PROCESS. otherwise authorized by the court to, the quest for assistance, using all investigative ø(a) The Federal Trade Commission Act (15 customer a copy of the process together with powers authorized by this Act; and U.S.C. 41 et seq.) is amended by inserting notice that states with reasonable specificity ø‘‘(B) seek and accept appointment by a after section 21 (15 U.S.C. 57b–2) the fol- the nature of the law enforcement inquiry, United States district court of Commission lowing: informs the customer or subscriber when the

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process was served, and states that notifica- ø‘‘(e) IN-CAMERA PROCEEDINGS.—Upon ap- øSEC. 208. INFORMATION SHARING WITH FINAN- tion of the process was delayed under this plication by the Commission, all judicial CIAL REGULATORS. subsection. proceedings pursuant to this section shall be øSection 1112(e) of the Right to Financial ø‘‘(c) MATERIALS SUBJECT TO GOVERNMENT held in camera and the records thereof sealed Privacy Act (12 U.S.C. 3412(e)) is amended by NOTIFICATION UNDER THE ELECTRONIC COMMU- until expiration of the period of delay or inserting ‘‘the Federal Trade Commission,’’ NICATIONS PRIVACY ACT.— such other date as the presiding judge or after ‘‘the Securities and Exchange Commis- ø‘‘(1) When section 2703(b)(1)(B) of title 18 magistrate judge may permit. sion,’’. would otherwise require notice, notwith- ø‘‘(f) PROCEDURE INAPPLICABLE TO CERTAIN øSEC. 209. REPRESENTATION IN FOREIGN LITIGA- standing such requirements, the Commission PROCEEDINGS.—This section shall not apply TION. ø may obtain, through compulsory process de- to compulsory process issued in an investiga- Section 16 of the Federal Trade Commis- scribed in subsection (a)(1) or through judi- tion or proceeding related to the administra- sion Act (15 U.S.C. 56) is amended by adding cial subpoena, tion of Federal antitrust laws or foreign at the end the following: ø‘‘(c)(1) The Commission may designate ø‘‘(A) from a provider of remote computing antitrust laws (within the meaning of sec- Commission attorneys to assist the Depart- services, access to or copies of the contents tion 12 of the International Antitrust En- ment of Justice in connection with litigation of a wire or electronic communication de- forcement Assistance Act of 1994 (15 U.S.C. in foreign courts in which the Commission scribed in section 2703(b)(1) of title 18, and as 6211)).’’. has an interest, pursuant to the terms of a those terms are defined in section 2510 of ø(b) Section 16(a)(2) of the Federal Trade memorandum of understanding to be nego- title 18, or Commission Act (15 U.S.C. 56(a)(2)) is amend- tiated by the Commission and the Depart- ø‘‘(B) from a provider of electronic commu- ed— nications services, access to or copies of the ø ment of Justice. (1) by striking ‘‘or’’ after the semicolon in ø‘‘(2) The Commission is authorized to ex- contents of a wire or electronic communica- subparagraph (C); pend appropriated funds for the retention of tion that has been in electronic storage in an ø (2) by striking ‘‘Act;’’ in subparagraph (D) foreign counsel for consultation and for liti- electronic communications system for more and inserting ‘‘Act; or’’; and gation in foreign courts, and for expenses re- than 180 days, as those terms are defined in ø (3) by inserting after subparagraph (D) the lated to consultation and to litigation in for- section 2510 of title 18, following: eign courts in which the Commission has an ø øwithout prior notice to the customer or ‘‘(E) under section 21a of this Act;’’. interest.’’. ø subscriber, upon an ex parte showing to an SEC. 207. PROTECTION FOR VOLUNTARY PROVI- øSEC. 210. AVAILABILITY OF REMEDIES. appropriate United States district court by a SION OF INFORMATION. øSection 5 of the Federal Trade Commis- ø Commission official that there is reason to The Federal Trade Commission Act (15 sion Act (15 U.S.C. 45) is amended by adding believe that notification of the existence of U.S.C. 41 et seq.) is amended by inserting at the end the following: the process may cause an adverse result de- after section 21a, as added by section 206 of ø‘‘(o) UNFAIR OR DECEPTIVE ACTS OR PRAC- scribed in subsection (a)(2). Upon such a this title, the following: TICES INVOLVING FOREIGN COMMERCE.— showing, the presiding judge or magistrate ø‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PRO- ø‘‘(1) IN GENERAL.—For purposes of sub- judge shall issue an exparte order granting a VISION OF INFORMATION. section (a), the term ‘unfair or deceptive acts delay of notice for a period not to exceed 90 ø‘‘(a) IN GENERAL.—An entity described in or practices’ includes such acts or practices days. A court may grant extensions of the subsection (d)(1) that voluntarily provides involving foreign commerce that— period of delay of notice of up to 90 days, material to the Commission that it reason- ø‘‘(A) cause or are likely to cause reason- upon application by the Commission and a ably believes is relevant to— ably foreseeable injury within the United showing that the requirements for delayed ø‘‘(1) a possible unfair or deceptive act or States; or notice under subsection (b)(2) continue to practice, as defined in section 5(a) of this ø‘‘(B) involve material conduct occurring apply. Act, or within the United States. ø‘‘(2) The Commission may apply to a ø‘‘(2) assets subject to recovery by the ø‘‘(2) APPLICATION OF REMEDIES TO SUCH court for an order prohibiting a provider of Commission, including assets located in for- ACTS OR PRACTICES.—All remedies available electronic communications service or remote eign jurisdictions, to the Commission with respect to unfair computing service to whom process has been øshall not be liable to any person under any and deceptive acts or practices shall be issued under this subsection, for such period law or regulation of the United States, or available for acts and practices described in as the court deems appropriate, from dis- any constitution, law, or regulation of any paragraph (1), including restitution to do- closing that information has been submitted State or political subdivision of any State or mestic or foreign victims.’’. or that a request for information has been any Territory or the District of Columbia, øSEC. 211. CRIMINAL REFERRALS. made. The court shall enter such an order if for such disclosure or for any failure to pro- øSection 6 of the Federal Trade Commis- it has reason to believe that such disclosure vide notice of such disclosure. The preceding sion Act (15 U.S.C. 46), as amended by section may cause an adverse result described in sentence does not provide any exemption 204 of this title, is amended by adding at the subsection (b)(2). from liability for the underlying conduct re- end the following: ø‘‘(3) Upon expiration of the periods of ported. ø‘‘(k) REFERRAL OF EVIDENCE FOR CRIMINAL delay of notice ordered under subparagraph ø‘‘(b) LIABILITY LIMITATION.—An entity de- PROCEEDINGS.—Whenever the Commission (1), the Commission shall serve upon, or described in subsection (d)(2) that makes a vol- obtains evidence that any person, partner- liver by registered or first-class mail, or as untary disclosure to the Commission regard- ship or corporation, either domestic or for- otherwise authorized by the court to, the ing the subjects described in subsection (a)(1) eign, may have engaged in conduct that customer or subscriber a copy of the process and (2) shall be exempt from liability in ac- could give rise to criminal proceedings, to together with notice that states with reason- cordance with the provisions of section transmit such evidence to the Attorney Gen- able specificity the nature of the law en- 5318(g)(3) of title 31, United States Code. eral who may, in his discretion, institute forcement inquiry, informs the customer or ø‘‘(c) FOIA EXEMPTION.—Material sub- criminal proceedings under appropriate stat- subscriber when the process was served, and mitted pursuant to this section with a re- utes. Provided that nothing in this sub- states that notification of the process was quest for confidential treatment shall be ex- section affects any other authority of the delayed under this subsection. empt from disclosure under section 552 of Commission to disclose information.’’. ø‘‘(4) Nothing in the Electronic Commu- title 5, United States Code. øSEC. 212. STAFF EXCHANGES. nications Privacy Act shall prohibit a pro- ø‘‘(d) ENTITIES TO WHICH SECTION AP- øThe Federal Trade Commission Act (15 vider of electronic communications services PLIES.—This section applies to the following U.S.C. 41 et seq.) is amended by inserting or remote computing services from dis- entities, whether foreign or domestic: after section 25 (15 U.S.C. 57c) the following: closing complaints received by it from a cus- ø‘‘(1) A courier service, a commercial mail ø‘‘SEC. 25A. STAFF EXCHANGES. tomer or subscriber or information reflect- receiving agency, an industry membership ø‘‘(a) IN GENERAL.—The Congress consents ing such complaints to the Commission. organization, a payment system provider, a to— ø‘‘(d) LIABILITY LIMITATION.—The recipient consumer reporting agency, a domain name ø‘‘(1) the retention or employment of offi- of compulsory process under subsections (a), registrar and registry, a provider of remote cers or employees of foreign government (b), or (c) shall not be liable to any person computing services or electronic commu- agencies on a temporary basis by the Com- under any law or regulation of the United nication services, to the limited extent such mission under section 3109 of title 5, United States, any constitution, law, or regulation a provider is disclosing consumer complaints States Code, section 202 of title 18, United of any State or political subdivision of any received by it from a customer or subscriber, States Code, or section 2 of this Act (15 State or any Territory or the District of Co- or information reflecting such complaints; U.S.C. 42); and lumbia, or under any contract or other le- and ø‘‘(2) the retention or employment of offi- gally enforceable agreement, for failure to ø‘‘(2) a bank or thrift institution, a com- cers or employees of the Commission on a provide notice that such process has been mercial bank or trust company, an invest- temporary basis by such foreign government issued or that the recipient has provided in- ment company, a credit card issuer, an oper- agencies. formation in response to such process. The ator of a credit card system, and an issuer, ø‘‘(b) FORM OF ARRANGEMENTS.—Staff ar- preceding sentence does not provide any ex- redeemer, or cashier of travelers’ checks, rangements under subsection (a) need not be emption from liability for the underlying checks, money orders, or similar instru- reciprocal. The Commission may accept pay- conduct reported. ments.’’. ment or reimbursement, in cash or in kind,

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.072 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9319 from a foreign government agency to which authority, for expenses incurred by the Commis- (5) Improving the ability of the Commission this section is applicable, or payment or re- sion, its members, or employees in carrying out and its foreign counterparts to share informa- imbursement made on behalf of such agency, any activity pursuant to a statute administered tion about cross-border fraud and deception, to for expenses incurred by the Commission, its by the Commission without regard to any other conduct joint and parallel investigations, and to members, and employees in carrying out provision of law. Any such payments or reim- assist each other is critical to achieve more time- such arrangements.’’. bursements shall be considered a reimbursement ly and effective enforcement in cross-border øSEC. 213. EXPENDITURES FOR COOPERATIVE to the appropriated funds of the Commission. cases. ARRANGEMENTS. ‘‘SEC. 27. GIFTS AND VOLUNTARY AND UNCOM- (6) Consequently, Congress should enact legis- ø(a) IN GENERAL.—Section 6 of the Federal PENSATED SERVICES. lation to provide the Commission with more tools Trade Commission Act (15 U.S.C. 46) as ‘‘(a) IN GENERAL.—In furtherance of its func- to protect consumers across borders. amended by section 211 of this title, is fur- tions the Commission may accept, hold, admin- SEC. 202. FOREIGN LAW ENFORCEMENT AGENCY ther amended by adding at the end the fol- ister, and use unconditional gifts, donations, DEFINED. lowing: and bequests of real, personal, and other prop- Section 4 of the Federal Trade Commission Act ø‘‘(p) To expend appropriated funds for— erty and, notwithstanding section 1342 of title (15 U.S.C. 44) is amended by adding at the end ø‘‘(1) operating expenses and other costs of 31, United States Code, accept voluntary and the following: bilateral and multilateral cooperative law uncompensated services. ‘‘ ‘Foreign law enforcement agency’ means— enforcement groups conducting activities of ‘‘(b) LIMITATIONS.— ‘‘(1) any agency or judicial authority of a for- interest to the Commission and in which the ‘‘(1) CONFLICTS OF INTEREST.—Notwith- eign government, including a foreign state, a Commission participates; and standing subsection (a), the Commission may political subdivision of a foreign state, or a mul- ø‘‘(2) expenses for consultations and meet- not accept, hold, administer, or use a gift, dona- tinational organization constituted by and com- ings hosted by the Commission with foreign tion, or bequest if the acceptance, holding, ad- prised of foreign states, that is vested with law government agency officials, members of ministration, or use would create a conflict of enforcement or investigative authority in civil, their delegations, appropriate representa- interest or the appearance of a conflict of inter- criminal, or administrative matters; or tives and staff to exchange views concerning est. ‘‘(2) any multinational organization, to the ‘‘(2) VOLUNTARY SERVICES.—A person who developments relating to the Commission’s extent that it is acting on behalf of an entity de- provides voluntary and uncompensated service mission, development and implementation of scribed in paragraph (1).’’. under subsection (a) shall be considered a Fed- cooperation agreements, and provision of eral employee for purposes of— SEC. 203. SHARING INFORMATION WITH FOREIGN technical assistance for the development of ‘‘(A) chapter 81 of title 5, United States Code, LAW ENFORCEMENT AGENCIES. foreign consumer protection or competition (relating to compensation for injury); (a) IN GENERAL.—Section 21(b)(6) of the Fed- regimes, such expenses to include necessary ‘‘(B) sections 2671 through 2680 of title 28, eral Trade Commission Act (15 U.S.C. 57b- administrative and logistic expenses and the United States Code, (relating to tort claims); 2(b)(6)) is amended by adding at the end ‘‘The expenses of Commission staff and foreign and custodian may make such material available to invitees in attendance at such consultations ‘‘(C) for purposes of the provisions of law re- any foreign law enforcement agency upon the and meetings including— lating to ethics, conflicts of interest, corruption, prior certification of any officer of any such for- ø‘‘(A) such incidental expenses as meals and any other criminal or civil statute or regu- eign law enforcement agency that such material taken in the course of such attendance; lation governing the standards of conduct for will be maintained in confidence and will be ø‘‘(B) any travel and transportation to or Federal employees.’’. used only for official law enforcement purposes, from such meetings; and SEC. 103. PEER-TO-PEER FILE SHARING RISK EDU- if— ø‘‘(3) any other related lodging or subsist- CATION. ‘‘(A) the foreign law enforcement agency has ence.’’. The Federal Trade Commission shall, as part set forth a bona fide legal basis for its authority ø(b) AUTHORIZATION OF APPROPRIATIONS.— of its existing consumer education programs, to maintain the material in confidence; and The Federal Trade Commission is authorized educate consumers concerning the potential ‘‘(B) the materials are to be used for purposes to expend appropriated funds not to exceed risks to their privacy and personal security, as of investigating, or engaging in enforcement $100,000 per fiscal year for purposes of section well as educate consumers about potentially in- proceedings related to, possible violations of— 6(p) of the Federal Trade Commission Act (15 appropriate behavior resulting from purposeful ‘‘(i) foreign laws prohibiting fraudulent or de- U.S.C. 46(p)), including operating expenses or accidental misuse of peer-to-peer file sharing ceptive commercial practices or other practices and other costs of the following bilateral and technology. similar to practices prohibited by any law ad- multilateral cooperative law enforcement TITLE II—INTERNATIONAL CONSUMER ministered by the Commission; groups: PROTECTION ‘‘(ii) law administered by the Commission, if ø(1) The International Consumer Protec- disclosure of the material would further a Com- SEC. 201. FINDINGS. tion and Enforcement Network. mission investigation or enforcement proceeding; ø The Congress finds the following: (2) The International Competition Net- (1) The Federal Trade Commission protects or work. consumers from fraud and deception. Cross-bor- ‘‘(iii) with the approval of the Attorney Gen- ø (3) The Mexico-U.S.-Canada Health Fraud der fraud and deception are growing inter- eral, foreign criminal laws. Task Force. national problems that affect American con- Nothing in the preceding sentence authorizes ø (4) Project Emptor. sumers and businesses. the disclosure of material obtained in connec- ø(5) The Toronto Strategic Partnership and (2) The development of the Internet and im- tion with the administration of the Federal anti- other regional partnerships with a nexus in a provements in telecommunications technologies trust laws or foreign antitrust laws (as defined Canadian province.¿ have brought significant benefits to consumers. in paragraphs (5) and (7), respectively, of sec- SECTION 1. SHORT TITLE. At the same time, they have also provided un- tion 12 of the International Antitrust Enforce- This Act may be cited as the ‘‘Federal Trade precedented opportunities for those engaged in ment Assistance Act of 1994 (16 U.S.C. 6211) to Commission Reauthorization Act of 2003’’. fraud and deception to establish operations in any officer or employee of a foreign law enforcement agency.’’. TITLE I—REAUTHORIZATION one country and victimize a large number of consumers in other countries. (b) PUBLICATION OF INFORMATION; REPORTS.— SEC. 101. REAUTHORIZATION. (3) An increasing number of consumer com- Section 6(f) of the Federal Trade Commission The text of section 25 of the Federal Trade plaints collected in the Consumer Sentinel data- Act (15 U.S.C. 46(f)) is amended— Commission Act (15 U.S.C. 57c) is amended to base maintained by the Commission, and an in- (1) by inserting ‘‘(1)’’ after ‘‘such informa- read as follows: creasing number of cases brought by the Com- tion’’ the first place it appears; and ‘‘There are authorized to be appropriated to mission, involve foreign consumers, foreign busi- (2) by striking ‘‘purposes.’’ and inserting carry out the functions, powers, and duties of nesses or individuals, or assets or evidence lo- ‘‘purposes, and (2) to any officer or employee of the Commission not to exceed $194,742,000 for cated outside the United States. any foreign law enforcement agency under the fiscal year 2004, $224,695,000 for fiscal year 2005, (4) The Commission has legal authority to same circumstances that sharing material with $235,457,000 for fiscal year 2006, and $245,000,000 remedy law violations involving domestic and foreign law enforcement agencies is permitted for fiscal year 2007.’’. foreign wrongdoers, pursuant to the Federal under section 21(b)(6) of this Act.’’. SEC. 102. AUTHORITY TO ACCEPT REIMBURSE- Trade Commission Act. The Commission’s ability SEC. 204. OBTAINING INFORMATION FOR FOR- MENTS, GIFTS, AND VOLUNTARY AND to obtain effective relief using this authority, EIGN LAW ENFORCEMENT AGENCIES. UNCOMPENSATED SERVICES. however, may face practical impediments when Section 6 of the Federal Trade Commission Act The Federal Trade Commission Act (15 U.S.C. wrongdoers, victims, other witnesses, docu- (15 U.S.C. 46) is amended by adding at the end 41 et seq.) is amended— ments, money and third parties involved in the the following: (1) by redesignating section 26 as section 28; transaction are widely dispersed in many dif- ‘‘(j)(1) Upon request from a foreign law en- and ferent jurisdictions. Such circumstances make it forcement agency, to provide assistance in ac- (2) by inserting after section 25 the following: difficult for the Commission to gather all the in- cordance with this subsection if the requesting ‘‘SEC. 26. REIMBURSEMENT OF EXPENSES. formation necessary to detect injurious prac- agency states that it is investigating, or engag- ‘‘The Commission may accept payment or re- tices, to recover offshore assets for consumer re- ing in enforcement proceedings against, possible imbursement, in cash or in kind, from a domestic dress, and to reach conduct occurring outside violations of laws prohibiting fraudulent or de- or foreign law enforcement authority, or pay- the United States that affects United States con- ceptive commercial practices, or other practices ment or reimbursement made on behalf of such sumers. that may be similar to practices prohibited by

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.072 S15PT1 S9320 CONGRESSIONAL RECORD — SENATE September 15, 2004 any provision of the laws administered by the ‘‘(B) For purposes of section 552 of title 5, this antitrust laws or foreign antitrust laws (within Commission, other than Federal antitrust laws paragraph shall be considered a statute de- the meaning of section 6211 of this title). (as defined in section 12(5) of the International scribed in subsection (b)(3)(B) of such section (f) ADVERSE RESULT DEFINED.—In this section Antitrust Enforcement Assistance Act of 1994 (15 552. the term ‘adverse result’ means— U.S.C. 6211(5))), the Commission may, in its dis- ‘‘(C) Nothing in this paragraph shall author- ‘‘(1) the transfer of assets or records outside cretion— ize the Commission to withhold information the territorial limits of the United States; ‘‘(A) conduct such investigation as the Com- from the Congress or prevent the Commission ‘‘(2) impeding the ability of the Commission to mission deems necessary to collect information from complying with an order of a court of the identify or trace funds; and evidence pertinent to the request for assist- United States in an action commenced by the ‘‘(3) endangering the life or physical safety of ance, using all investigative powers authorized United States or the Commission.’’. an individual; by this Act; and SEC. 206. CONFIDENTIALITY AND DELAYED NO- ‘‘(4) flight from prosecution; ‘‘(B) seek and accept appointment by a United TICE OF PROCESS. ‘‘(5) the destruction of, or tampering with, evi- States district court of Commission attorneys to (a) IN GENERAL.—The Federal Trade Commis- dence; provide assistance to foreign and international sion Act (15 U.S.C. 41 et seq.) is amended by in- ‘‘(6) the intimidation of potential witnesses; tribunals and to litigants before such tribunals serting after section 21 the following: ‘‘(7) the dissipation or concealment of assets; on behalf of a foreign law enforcement agency ‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NO- or pursuant to section 1782 of title 28, United TICE OF COMPULSORY PROCESS FOR ‘‘(8) otherwise seriously jeopardizing an inves- States Code, when the request is from an agency CERTAIN THIRD PARTIES. tigation or unduly delaying a trial.’’. acting to investigate or pursue the enforcement (a) IN GENERAL.—The provisions for delay or (b) CONFORMING AMENDMENT.—Section of civil laws or when the Attorney General re- prohibition of notice under the Right to Finan- 16(a)(2) of the Federal Trade Commission Act (15 fers such a request to the Commission. cial Privacy Act (12 U.S.C. 3401 et seq.) and the U.S.C. 56(a)(2)) is amended— ‘‘(2) The Commission may provide assistance Electronic Communication Privacy Act (18 (1) by striking ‘‘or’’ after the semicolon in sub- under paragraph (1) without requiring that the U.S.C. 2701 et seq.) shall be available to the paragraph (C); conduct identified in the request also constitutes Commission— (2) by inserting ‘‘and’’ after the semicolon in a violation of the laws of the United States. (1) upon a finding by the presiding judge or subparagraph (D); and ‘‘(3) In deciding whether to provide such as- magistrate judge pursuant to an ex parte appli- (3) by inserting after subparagraph (D) the sistance, the Commission shall consider all rel- cation by the Commission that there is reason to following: evant factors, including— believe that notification may cause an adverse ‘‘(E) under section 21a of this Act;’’. ‘‘(A) whether the requesting agency has result; or agreed to provide or will provide reciprocal as- (2) where notification is delayed pursuant to SEC. 207. PROTECTION FOR VOLUNTARY PROVI- SION OF INFORMATION. sistance to the Commission; section 2705(a)(1)(B) of title 18, a finding by the The Federal Trade Commission Act (15 U.S.C. ‘‘(B) whether compliance with the request Commission that there is reason to believe that 41 et seq.) is amended by inserting after section would prejudice the public interest of the United notification may cause an adverse result. 21a, as added by section 206 of this title, the fol- States; and (b) EX PARTE APPLICATION BY COMMISSION.— ‘‘(C) whether the requesting agency’s inves- If the provisions for delayed notice described in lowing: tigation or enforcement proceeding concerns subsection (a) do not apply, the Commission ‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PROVI- acts or practices that cause or are likely to may apply ex parte to a presiding judge or mag- SION OF INFORMATION. cause injury to a significant number of persons. istrate judge for an order commanding the re- ‘‘(a) IN GENERAL.—An entity described in sub- ‘‘(4) If a foreign law enforcement agency has cipient of compulsory process issued by the Com- section (e)(1) that voluntarily provides material set forth a legal basis for requiring execution of mission not to notify any other person of the ex- to the Commission that it reasonably believes is an international agreement as a condition for istence of the process, notwithstanding any law relevant to— reciprocal assistance, or as a condition for dis- or regulation of the United States, or under the ‘‘(1) a possible unfair or deceptive act or prac- closure of materials or information to the Com- constitution, or any law or regulation, of any tice, as defined in section 5(a) of this Act, or mission, the Commission, after consultation with State, political subdivision of a State, territory ‘‘(2) assets subject to recovery by the Commis- the Secretary of State, may negotiate and con- of the United States, or the District of Columbia. sion, including assets located in foreign jurisdic- clude an international agreement, in the name The presiding judge or magistrate judge shall tions, of either the United States or the Commission enter such an order granting the requested shall not be liable to any person under any law and with the final approval of the agreement by delay for a period not to exceed 90 days, or for or regulation of the United States, or under the the Secretary of State, for the purpose of obtain- such period as the presiding judge or magistrate constitution, or any law or regulation, of any ing such assistance or disclosure. The Commis- judge deems appropriate, if there is reason to be- State, political subdivision of a State, territory sion may undertake in such an international lieve that notification may cause an adverse re- of the United States, or the District of Columbia, agreement— sults. The presiding judge or magistrate judge for such disclosure or for any failure to provide ‘‘(A) to provide assistance using the powers may grant extensions of this delay of notice of notice of such disclosure. The preceding sen- set forth in this subsection; up to 90 each in accordance with this sub- tence does not provide any exemption from li- ‘‘(B) to disclose materials and information in section. ability for the underlying conduct. accordance with subsection (f) of this section (c) NO LIABILITY FOR COMPLIANCE.—The re- ‘‘(b) LIABILITY LIMITATION.—An entity de- and section 21(b)(6) of this Act; and cipient of compulsory process issued by the Com- scribed in subsection (e)(2) that makes a vol- ‘‘(C) to engage in further cooperation, and untary disclosure to the Commission regarding protect materials and information received from mission under this section shall not be liable under any law or regulation of the United the subjects described in subsection (a)(1) and disclosure, as authorized by this Act. (2) shall be exempt from liability in accordance ‘‘(5) The authority in this subsection is in ad- States, or under the constitution, or any law or with the provisions of section 5318(g)(3) of title dition to, and not in lieu of, any other authority regulation, of any State, political subdivision of 31, United States Code. vested in the Commission or any other officer of a State, territory of the United States, or the ‘‘(c) CONSUMER COMPLAINTS.—Any entity de- the United States.’’. District of Columbia, or under any contract or other legally enforceable agreement, for failure scribed in subsection (e) that makes a voluntary SEC. 205. INFORMATION SUPPLIED BY AND disclosure of consumer complaints sent to it, or ABOUT FOREIGN SOURCES. to provide notice that such process has been information contained therein, to the Commis- Section 21(f) of the Federal Trade Commission issued or that the recipient has provided infor- sion shall not be liable to any person under any Act (15 U.S.C. 57b–2(f)) is amended— mation in response to such process. The pre- (1) by inserting ‘‘(1) before ‘‘Any’’; and add- ceding sentence does not provide any exemption law or regulation of the United States, or under ing at the end the following: from liability for the underlying conduct. the constitution, or any law or regulation, of ‘‘(2)(A) Except as provided in subparagraph (d) VENUE AND PROCEDURE.— any State, political subdivision of a State, terri- (C) of this paragraph, the Commission shall not (1) IN GENERAL.—All judicial proceedings tory of the United States, or the District of Co- be compelled to disclose— under this section may be brought in the United lumbia, for such disclosure or for any failure to ‘‘(i) material obtained from a foreign law en- States District Court for the District of Colum- provide notice of such disclosure. The preceding forcement agency or other foreign government bia or any other appropriate United States Dis- sentence does not provide any exemption from agency, if the foreign law enforcement agency trict Court. All ex parte applications by the liability for the underlying conduct. or other foreign government agency has re- Commission under this section related to a sin- ‘‘(d) FOIA EXEMPTION.—Material submitted quested confidential treatment, or has precluded gle investigation may be brought in a single pro- pursuant to this section with a request for con- such disclosure under other use limitations, as a ceeding. fidential treatment shall be exempt from disclo- condition of disclosing the material; (2) IN CAMERA PROCEEDINGS.—Upon applica- sure under section 552 of title 5, United States ‘‘(ii) material reflecting consumer complaints tion by the Commission, all judicial proceedings Code, to the extent it could reasonably be ex- obtained from any other foreign source, if that pursuant to this section shall be held in camera pected to disclose either the identity of persons, foreign source supplying the material has re- and the records thereof sealed until expiration partnerships, or corporations that are the sub- quested confidential treatment as a condition of of the period of delay or such other date as the ject of such disclosures, or the identification of disclosing the material; or presiding judge or magistrate judge may permit. particular financial accounts, their ownership, ‘‘(iii) material reflecting a consumer complaint (e) SECTION NOT TO APPLY TO ANTITRUST IN- or confidential records of account activity. This submitted to a Commission reporting mechanism VESTIGATIONS OR PROCEEDINGS.—This section exemption is in addition to, and not in lieu of, sponsored in part by foreign law enforcement shall not apply to an investigation or pro- any other applicable exemptions from disclosure agencies or other foreign government agencies. ceeding related to the administration of federal in such section 552.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.072 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9321 ‘‘(e) ENTITIES TO WHICH SECTION APPLIES.— memoranda of understanding and international amended, be read the third time and This section applies to the following entities, agreements it may conclude, that material it has passed, the motion to reconsider be whether foreign or domestic: obtained from foreign law enforcement agencies laid upon the table en bloc, and any ‘‘(1) A courier service, a commercial mail re- acting to investigate or pursue the enforcement statements relating to the bill appear ceiving agency, an industry membership organi- of foreign criminal laws may be used for the zation, a payment system provider, a consumer purpose of investigation, prosecution, or preven- at the appropriate place in the RECORD. reporting agency, a domain name registrar and tion of violations of United States criminal The PRESIDING OFFICER. Without registry, and a provider of alternative dispute laws.’’. objection, it is so ordered. The amendment (No. 3662) was agreed resolution services; SEC. 212. STAFF EXCHANGES. ‘‘(2) a bank or thrift institution, a commercial The Federal Trade Commission Act (15 U.S.C. to. bank or trust company, an investment company, 41 et seq.) is amended by inserting after section (The amendment is printed in today’s a credit card issuer, an operator of a credit card 25 (15 U.S.C. 57c) the following: RECORD under ‘‘Text of Amendments.’’) system, and an issuer, redeemer, or cashier of ‘‘SEC. 25A. STAFF EXCHANGES. The committee amendment in the travelers’ checks, money orders, or similar in- ‘‘(a) IN GENERAL.—The Congress consents to— nature of a substitute, as amended, was struments; and ‘‘(1) the retention or employment of officers or agreed to. ‘‘(3) an Internet service provider or provider of employees of foreign government agencies on a The bill (S. 1234), as amended, was telephone services.’’. temporary basis by the Commission under sec- read the third time and passed. SEC. 208. INFORMATION SHARING WITH FINAN- tion 3109 of title 5, United States Code, section CIAL REGULATORS. f 202 of title 18, United States Code, or section 2 Section 1112(e) of the Right to Financial Pri- of this Act (15 U.S.C. 42); and COMMENDING MARYLAND’S OLYM- vacy Act (12 U.S.C. 3412(e)) is amended by in- ‘‘(2) the retention or employment of officers or PIANS ON THEIR ACCOMPLISH- serting ‘‘the Federal Trade Commission,’’ after employees of the Commission on a temporary MENTS AT THE 2004 SUMMER ‘‘the Securities and Exchange Commission,’’. basis by such foreign government agencies. OLYMPIC GAMES IN ATHENS, SEC. 209. REPRESENTATION IN FOREIGN LITIGA- ‘‘(b) FORM OF ARRANGEMENTS.—Staff arrange- GREECE TION. ments under subsection (a) need not be recip- Section 16 of the Federal Trade Commission rocal. The Commission may accept payment or Mr. FRIST. Mr. President, I ask Act (15 U.S.C. 56) is amended by adding at the reimbursement, in cash or in kind, from a for- unanimous consent that the Senate end the following: eign government agency to which this section is proceed to the immediate consider- ‘‘(c)(1) The Commission may designate Com- applicable, or payment or reimbursement made ation of S. Res. 426, submitted earlier mission attorneys to assist the Department of on behalf of such agency, for expenses incurred today by Senators SARBANES and MI- Justice in connection with litigation in foreign by the Commission, its members, and employees KULSKI. courts in which the Commission has an interest, in carrying out such arrangements.’’. pursuant to the terms of a memorandum of un- The PRESIDING OFFICER. The SEC. 213. EXPENDITURES FOR COOPERATIVE AR- clerk will report the resolution by derstanding to be negotiated by the Commission RANGEMENTS. and the Department of Justice. The preceding title. (a) IN GENERAL.—Section 6 of the Federal sentence is in addition to, and not in lieu of, The assistant legislative clerk read Trade Commission Act (15 U.S.C. 46) as amended any other authority vested in the Commission or by section 211 of this title, is further amended by as follows: any other officer of the United States. adding at the end the following: A resolution (S. Res. 426) commending ‘‘(2) The Commission is authorized to expend ‘‘(p) To expend appropriated funds for— Maryland’s Olympians on their accomplish- appropriated funds for the retention of foreign ‘‘(1) operating expenses and other costs of bi- ments at the 2004 Summer Olympic Games in counsel for consultation and for litigation in lateral and multilateral cooperative law enforce- Athens, Greece. foreign courts, and for expenses related to con- ment groups conducting activities of interest to There being no objection, the Senate sultation and to litigation in foreign courts in the Commission and in which the Commission which the Commission has an interest. proceeded to consider the resolution. participates; and ‘‘(3) Nothing in this section authorizes the Mr. SARBANES. Mr. President, I rise ‘‘(2) expenses for consultations and meetings payment of claims or judgments from any source today to commend the American ath- hosted by the Commission with foreign govern- other than the permanent and indefinite appro- letes for their participation in the 2004 ment agency officials, members of their delega- priation authorized by section 1304 of title 31, Olympic Games. These athletes made tions, appropriate representatives and staff to United States Code.’’. exchange views concerning developments relat- us proud not only of their victories, SEC. 210. AVAILABILITY OF REMEDIES. ing to the Commission’s mission, development but also of their sportsmanship. The Section 5 of the Federal Trade Commission Act and implementation of cooperation agreements, heart, focus and perseverance exhibited (15 U.S.C. 45) is amended by adding at the end and provision of technical assistance for the de- by these men and women offered us an the following: velopment of foreign consumer protection or opportunity to reflect on the values ‘‘(o) UNFAIR OR DECEPTIVE ACTS OR PRAC- competition regimes, such expenses to include and characteristics that embody the TICES INVOLVING FOREIGN COMMERCE.— necessary administrative and logistic expenses very best of the American Spirit. ‘‘(1) IN GENERAL.—For purposes of subsection and the expenses of Commission staff and for- (a), the term ‘unfair or deceptive acts or prac- All of our athletes should be com- eign invitees in attendance at such consulta- mended, but because they played a tices’ includes such acts or practices involving tions and meetings including— foreign commerce that— ‘‘(A) such incidental expenses as meals taken very prominent role in these games, I ‘‘(A) cause or are likely to cause reasonably in the course of such attendance; want to take a moment to acknowledge foreseeable injury within the United States; or ‘‘(B) any travel and transportation to or from the hard work and dedication of Mary- ‘‘(B) involve material conduct occurring with- such meetings; and land’s Olympic athletes. This year, we in the United States. ‘‘(3) any other related lodging or subsist- were very fortunate to have fourteen ‘‘(2) APPLICATION OF REMEDIES TO SUCH ACTS ence.’’. OR PRACTICES.—All remedies available to the Marylanders compete. This group of (b) AUTHORIZATION OF APPROPRIATIONS.—The athletes, which included both the Commission with respect to unfair and deceptive Federal Trade Commission is authorized to ex- acts or practices shall be available for acts and pend appropriated funds not to exceed $100,000 youngest and the oldest members of practices described in paragraph (1), including per fiscal year for purposes of section 6(p) of the the U.S. team, represented Maryland restitution to domestic or foreign victims.’’. Federal Trade Commission Act (15 U.S.C. 46(p)), and the United States with honor and SEC. 211. CRIMINAL REFERRALS. including operating expenses and other costs of dignity and excelled in their various Section 6 of the Federal Trade Commission Act the following bilateral and multilateral coopera- competitions. Marylanders partici- (15 U.S.C. 46), as amended by section 204 of this tive law enforcement groups: pated in a variety of sports ranging title, is amended by adding at the end the fol- (1) The International Consumer Protection from swimming and track and field, to lowing: and Enforcement Network. whitewater slalom canoeing and table ‘‘(k) REFERRAL FOR CRIMINAL PROCEEDINGS.— (2) The International Competition Network. ‘‘(1) IN GENERAL.—Whenever the Commission (3) The Mexico-U.S.-Canada Health Fraud tennis. Our State boasted household obtains evidence that any person, partnership Task Force. names like Michael Phelps and or corporation, either domestic or foreign, has (4) Project Emptor. Carmelo Anthony as well as rising engaged in conduct that may constitute a viola- (5) The Toronto Strategic Partnership and stars like Bernard Williams and tion of Federal criminal law, to transmit such other regional partnerships with a nexus in a Courtney Kupets. The delegation in- evidence to the Attorney General who may, in Canadian province. cluded individuals from all over the his discretion, institute criminal proceedings Mr. FRIST. I ask unanimous consent State, from the City of Annapolis to under appropriate statutes. Nothing in this paragraph affects any other authority of the that the McCain-Hollings substitute Howard County, from Bethesda to Gai- Commission to disclose information. amendment at the desk be agreed to, thersburg to Baltimore City, and from ‘‘(2) INTERNATIONAL INFORMATION.—The Com- the committee-reported substitute, as Upper Marlboro to Towson and mission shall endeavor to ensure, with respect to amended, be agreed to, the bill, as Abingdon.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.072 S15PT1 S9322 CONGRESSIONAL RECORD — SENATE September 15, 2004 And although they come from a di- S. RES. 426 and for the accomplishments that flowed versity of backgrounds, each dem- Whereas the 2004 Summer Olympic Games, from maintaining that Olympic spirit on and onstrated the common spirit of what it which recently concluded in Athens, Greece, off the field of competition. means to be a true Olympian. We saw was a resounding success; f Whereas the athletes of the United States that spirit in Carmelo Anthony’s re- NATIONAL HISTORICALLY BLACK fusal to quit after the men’s basketball who participated in the 2004 Summer Olym- pic Games reflected the ideals of the Olym- COLLEGES AND UNIVERSITIES team suffered a series of difficult and pic movement by exhibiting determination, WEEK surprising losses. We saw it in the deci- honor, sportsmanship, and excellence Mr. FRIST. Mr. President, I ask sions of Liz Filter and Nancy throughout the competitions; unanimous consent that the Judiciary Haberland to compete in the face of Whereas Maryland’s athletes played a Committee be discharged from further challenging life circumstances. It was prominent role in the 2004 Summer Olympic consideration of S. Res. 422, and the reflected in the wisdom and experience Games and represented the talent and diver- Senate proceed to its immediate con- of Libby Callahan as well as the youth- sity of the athletes of the United States; Whereas markswoman Libby Callahan of sideration. ful exuberance of 15 year-old swimmer The PRESIDING OFFICER. Without Katie Hoff. It shined through Jun Gao Upper Marlboro, through her wisdom and experience, and swimmer Katie Hoff of objection, it is so ordered. The clerk when on day four of the table tennis Abingdon, through her youthful exuberance, will report the resolution by title. competition, as the only member of the both displayed the spirit of Olympic com- The assistant legislative clerk read U.S. team still in competition, she petition; as follows: shouldered the hopes of her teammates. Whereas Liz Filter, from Stevensonville, A resolution (S. Res. 422) expressing the The Olympic spirit was further re- and Nancy Haberland, who coaches the Naval sense of the Senate that the President flected in paddlers Joe Jacobi and Academy sailing team, both displayed the should designate the week beginning Sep- Scott Parsons, who focused on the ex- Olympic spirit in their decisions to partici- tember 12, 2004, as ‘‘National Historically perience and joy of the performance. pate in the sailing competitions in the face Black Colleges and Universities Week.’’ of challenging life circumstances; Courtney Kupets and Rhadi Ferguson There being no objection, the Senate showed enormous bravery by over- Whereas Jun Gao of Gaithersburg shone with Olympic spirit when, on day 4 of the proceeded to consider the resolution. coming serious injuries to make the table tennis competition, as the only re- Mr. LIEBERMAN. Mr. President, U.S. team and compete for their coun- maining member of the United States table America’s Historically Black Colleges try. Ms. Kupets brought home two tennis team left in competition, she shoul- and Universities have served as pre- medals, a silver in the team competi- dered the hopes of her teammates; cious portals of opportunity for Afri- tion and a bronze in the individual un- Whereas paddlers Joe Jacobi and Scott can-Americans since the first, Cheyney even bars. And Michael Phelps, who Parsons, both from Bethesda, reflected the University of Pennsylvania, was found- won six gold and two bronze medals, Olympic spirit by focusing on the experience and joy of their performances and the oppor- ed 167 years ago. I join all Americans in showed that the team is more impor- commemorating these proud institu- tant than individual accomplishment tunity to compete on the world stage; Whereas Baltimore’s Carmelo Anthony dis- tions of higher learning this week, when he yielded his spot on the 4 x 100 played the Olympic spirit in his refusal to which the President has proclaimed medley relay squad and an opportunity quit after the men’s basketball team suffered ‘‘National Historically Black Colleges for further glory to teammate Ian a series of difficult and surprising losses; and Universities Week.’’ Crocker. Whereas gymnast Courtney Kupets of Gai- Mary McLeod Bethune once said, Finally, Maryland’s track and field thersburg and Judo competitor Rhadi Fer- ‘‘We firmly believe education has the athletes should be commended for their guson of Columbia demonstrated enormous irresistible power to dissolve the bravery by overcoming serious injuries to heart and concentration. Tiombe Hurd, shackles of slavery.’’ It was this moral who is legally blind, overcame her vi- make the United States team and compete for their country and, in the case of Ms. commitment to education for African- sion obstacles to finish 22nd in a crowd- Americans that inspired Ms. Bethune ed triple jump field. Bernard Williams Kupets, to medal in 2 events; Whereas Towson swimmer Michael Phelps, to found her famous day school in Day- and James Carter, who hail from Balti- who won 6 gold and 2 bronze medals, showed tona, FL—now known as Bethune more public schools, Carver Voca- that the team is more important than indi- Cookman College—100 years ago. It was tional-Technical High School and Mer- vidual accomplishment when he yielded his also this ideal that inspired the estab- genthaler Vocational-Technical High spot on the 4 x 100 medley relay squad and an lishment of 130 other Historically opportunity for further glory to allow team- School, showed the world the kind of Black Colleges and Universities nation- talent and poise Baltimore City’s pub- mate Ian Crocker to compete and be part of a winning effort in the finals; wide. And the ‘‘irresistible power’’ of lic schools can produce, taking home a these institutions for the African- silver in the 200 meter sprint and a Whereas Tiombe Hurd of Upper Marlboro, who is legally blind, showed tremendous American community is clear. Fully 42 fourth place finish in the 400 meter heart and courage by overcoming her vision percent of all the PhDs earned each hurdles. impairment to finish 22nd in a crowded triple year by African-Americans are earned Maryland, and America, should be jump field; proud of their Olympic athletes. by graduates of HBCUs. Whereas Bernard Williams, who brought But despite playing a central role in Through their actions both on and off home a silver in the 200 meter sprint, and our Nation’s economic, cultural, social the field of competition, they exhibited James Carter, who finished fourth in the 400 and spiritual life, HBCUs have been the grace, sportsmanship, and deter- meter hurdles, did their Baltimore alma physically eroding, victims of chronic mination that signify a true Olympian. maters, Carver Vocational-Technical High neglect and underfunding. A 1990 Gen- Congratulations are due to all of our School and Mergenthaler Vocational-Tech- eral Accounting Office study concluded athletes both for their individual suc- nical High School, proud by showing enormous poise and grit in the face of stiff com- that 712 properties on 103 HBCU cam- cesses and for the way they, as a team, petition; showed the world the best our nation puses nationwide were in need of repair Whereas the people of Maryland take great or renovation, at an estimated cost of has to offer. pride in these athletes and the communities Mr. FRIST. Mr. President, I ask $755 million. that helped to nurture and support them That is why 2 years ago I joined with unanimous consent that the resolution through their years of training, and cele- and preamble be agreed to en bloc, the brate their successes and achievements; and Congressman JIM CLYBURN in the cause motion to reconsider be laid upon the Whereas the people of Maryland send their of repairing, restoring, rebuilding, and table, and that any statements relating best wishes for success to Maryland’s 6 revitalizing HBCUs. With the support thereto be printed in the RECORD, with- Paralympic athletes—Antoinette Davis, Jes- of Senators LANDRIEU, MILLER, and out intervening action or debate. sica Long, Joseph Aukward, Larry Hughes, others, our legislation to authorize $50 Tatyana McFadden, and Susan Katz—as they million in new funding for HBCUs The PRESIDING OFFICER. Without head to Athens for the Paralympic Games, objection, it is so ordered. passed the Senate in January 2003, and which are set to begin on September 17, 2004: was signed into law by the President in The resolution (S. Res. 426) was Now, therefore, be it agreed to. Resolved, That the Senate commends the February of that year. We appropriated The preamble was agreed to. athletes of Maryland for the grace, sports- $3 million for the program last year, The resolution, with its preamble, manship, and determination they exhibited and hope to continue such robust fund- reads as follows: throughout the 2004 Summer Olympic Games ing this appropriations cycle.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.071 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9323 I saw firsthand the effect that this ‘‘National Historically Black Colleges have two wonderful historically black legislation can have. When I visited and Universities Week.’’ And, I am institutions of learning. One is a med- Allen University in South Carolina in proud to support the College Quality, ical center, Meharry Medical College; 2002, I went to Arnett Hall—a building Affordability, and Diversity Improve- and the another is Fisk University. that had been transformed from an ment Act, S. 1793, which extends and The contributions those two institu- eyesore into a beautiful and stately fa- increases the Title V, Part B programs tions of learning have made to our cility with the help of Federal funds. In under the Higher Education Act that community, and indeed to the global the past, students and faculty who strengthen HBCUs. As we enter the community, and in the sense of walked into the dilapidated hall would final weeks of the 108th Congress, I Meharry to the national community of be left with the clear impression that look forward to discussing, debating, physicians, has been just tremendous. we are neglecting these historic treas- and passing this important piece of leg- I know both sides of the aisle take ures. Now, they visit the restored hall islation, and as we move through the great pleasure in once again recog- and are left with the impression that appropriations process, I urge my col- nizing this period of time that we can we consider Historically Black Colleges leagues to ensure that adequate fund- celebrate the great work that is done. and Universities central to our history ing is given to HBCUs. f and to our future. Historically Black Colleges and Uni- Our HBCU legislation was an impor- versities have given a great amount to THE CALENDAR tant step to fulfilling the dream, as Dr. our higher education system through Mr. FRIST. Mr. President, I ask Martin Luther King famously captured the years, and today I give them my unanimous consent that the Senate it, of an America true to its creed that thanks and praise. proceed to the immediate consider- we are all created equal. Each of these Mr. FRIST. Mr. President, I ask ation of the following Calendar num- 130 institutions of higher learning, edu- unanimous consent that the resolution bers en bloc: 466 through 469, 522, 524 cating 300,000 African-American stu- be agreed to, the preamble be agreed through 527, 532, 533, 600 through 604, dents, is a living memorial to the to, the motions to reconsider be laid 611 through 618, 626 through 629, and 675 dream of equal educational oppor- upon the table, and that any state- through 689. tunity for all—living memorials we are ments relating to the resolution be There being no objection, the Senate morally bound to preserve. This week, printed in the RECORD. proceeded to consider the bills en bloc. The PRESIDING OFFICER. Without let us recall the proud heritage and Mr. FRIST. Mr. President, I ask objection, it is so ordered. unanimous consent that all committee valuable contribution Historically The resolution (S. Res. 422) was Black Colleges and Universities make amendments, where applicable, be agreed to. agreed to, the bills, as amended, if to our Nation, and redouble our efforts The preamble was agreed to. to keep their doors open for future gen- The resolution, with its preamble, amended, be read a third time and erations. reads as follows: passed, the title amendments, where applicable, be adopted, the motions to Ms. LANDRIEU. Mr. President, today S. RES. 422 I rise to honor the Historically Black reconsider be laid upon the table en Whereas there are 105 historically Black bloc, and that any statements relating Colleges and Universities around the colleges and universities in the United country that serve over 215,000 of our States; to the bills be printed in the RECORD. finest African-American students. Whereas historically Black colleges and The PRESIDING OFFICER. Without Since the first HBCU was founded in universities provide the quality education so objection, it is so ordered. 1837, HBCUs have played an important essential to full participation in a complex, f role in our higher education system. highly technological society; Whereas historically Black colleges and IMPLEMENTATION OF FISH PAS- They have educated some of our most SAGE AND SCREENING FACILI- prominent African-American leaders, universities have a rich heritage and have played a prominent role in the history of the TIES AT NON-FEDERAL WATER such as the Reverend Dr. Martin Lu- United States; PROJECTS ther King, Jr., former U.S. Supreme Whereas historically Black colleges and The Senate proceeded to consider the Court Justice Thurgood Marshall, edu- universities have allowed many underprivi- cator Booker T. Washington, former leged students to attain their full potential bill (S. 1307) to authorize the Secretary U.S. Surgeon General David Satcher, through higher education; and of the Interior, acting through the Bu- Nobel Laureate Toni Morrison, and Whereas the achievements and goals of his- reau of Reclamation, to assist in the Louisiana native and former United torically Black colleges and universities are implementation of fish passage and Nations Ambassador Andrew Young, deserving of national recognition: Now, screening facilities at non-Federal therefore, be it Jr., to just name a few. Today, 65 per- water projects, and for other purposes, Resolved, which had been reported from the Com- cent of all African-American physi- SECTION 1. DESIGNATION OF NATIONAL HIS- cians, 50 percent of African-American TORICALLY BLACK COLLEGES AND mittee on Energy and Natural Re- engineers, and 35 percent of African- UNIVERSITIES WEEK. sources, with an amendment to strike American lawyers are graduates of an (a) SENSE OF THE SENATE.—It is the sense all after the enacting clause and insert HBCU. It is clear that HBCUs have and of the Senate that the President should des- in lieu thereof the following: ignate the week beginning September 12, continue to play a vital role in our (Strike the part shown in black brackets 2004, as ‘‘National Historically Black Col- and insert the part shown in italic.) higher education system, and for that, leges and Universities Week’’. I honor them today. (b) PROCLAMATION.—The Senate requests S. 1307 I would specifically like to praise the the President to issue a proclamation— Be it enacted by the Senate and House of Rep- six HBCUs in my home state of Lou- (1) designating the week beginning Sep- resentatives of the United States of America in isiana that produce exceptionally fine tember 12, 2004, as ‘‘National Historically Congress assembled, graduates: Dillard University in New Black Colleges and Universities Week’’; and øSECTION 1. DEFINITIONS. (2) calling on the people of the United ø Orleans, Grambling State University in As used in this Act— States and interested groups to observe the ø(1) ‘‘Secretary’’ means the Secretary of Grambling, Southern University and week with appropriate ceremonies, activi- the Interior, acting through the Commis- Agricultural and Mechanical College in ties, and programs to demonstrate support sioner of Reclamation; Baton Rouge, Southern University in for historically Black colleges and univer- ø(2) ‘‘Reclamation’’ means the Bureau of New Orleans, Southern University in sities in the United States. Reclamation, United States Department of Shreveport, and Xavier University in Mr. FRIST. Mr. President, this reso- the Interior; New Orleans. These schools serve lution relates to historically black col- ø(3) ‘‘Fish passage and screening facilities’’ roughly 30,000 Louisiana higher edu- leges and universities and the designa- means ladders, collection devices, and all cation students and prepare them to be tion of a period of time to express ap- other kinds of facilities which enable fish to pass through, over, or around water diver- tomorrow’s leaders. For that, I say preciation for the tremendous function sion structures; facilities and other con- thank you. and job they carry out in this great structed works which modify, consolidate, or Recognizing the importance of country of ours. replace water diversion structures in order HBCUs, I am proud to lend my support In my own city of Nashville, my to achieve fish passage; screens and other de- to S. Res. 422, designating this week as hometown, and where I live now, we vices which reduce or prevent entrainment

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.069 S15PT1 S9324 CONGRESSIONAL RECORD — SENATE September 15, 2004 and impingement of fish in a water diver- ø(e) Consultation under Section 7 of the (both profit and non-profit organizations), and sion, delivery, or distribution system; and Endangered Species Act of 1973 (16 U.S.C. private individuals; any other facilities, projects, or constructed 1536) shall not be required based solely on (6) ‘‘Snake River Basin’’ means the entire works which are designed to provide for or the provision of financial assistance under drainage area of the Snake River, including all improve fish passage while maintaining this Act. Projects or activities that affect tributaries, from the headwaters to the con- water deliveries and to reduce or prevent enlisted species shall remain subject to appli- fluence of the Snake River with the Columbia trainment and impingement of fish in a cable provisions of the Endangered Species River; water storage, diversion, delivery, or dis- Act of 1973. (7) ‘‘Columbia River Basin’’ means the entire tribution system of a water project; øSEC. 4. OTHER REQUIREMENTS. drainage area of the Columbia River located in ø(4) ‘‘Federal reclamation project’’ means ø(a) In carrying out this Act, the Secretary the United States, including all tributaries, from a water resources development project con- shall be subject to all Federal laws applica- the headwaters to the Columbia River estuary; structed, operated, and maintained pursuant ble to the actions to be undertaken for the and to the Reclamation Act of 1902 (32 Stat. 388), construction of fish passage and screening (8) ‘‘Habitat improvements’’ means work to and acts amendatory thereof and supple- facilities. The Secretary shall assist the non- improve habitat for aquatic plants and animals mentary thereto; Federal party or parties who own, operate, within a currently existing stream channel ø(5) ‘‘Non-Federal party’’ means any non- and maintain a non-Federal water diversion below the ordinary high water mark, including Federal party, including federally recognized or storage project, and any associated lands, stream reconfiguration to rehabilitate and pro- Indian tribes, non-Federal governmental and to obtain and comply with any required tect the natural function of streambeds, and quasi-governmental entities, private entities State, local, or tribal permits. riverine wetland construction and protection. (both profit and non-profit organizations), ø(b) The Secretary shall comply with State SEC. 2. AUTHORIZATION. and private individuals; water law in the application of this Act. All (a) IN GENERAL.—Subject to the requirements ø(6) ‘‘Snake River Basin’’ means the entire water rights shall remain with the owner or of this Act, the Secretary is authorized to plan, drainage area of the Snake River, including operator of any non-Federal water diversion design, and construct, or provide financial as- all tributaries, from the headwaters to the and storage project who receives assistance sistance to non-Federal parties to plan, design, confluence of the Snake River with the Co- pursuant to this Act. and construct, fish passage and screening facili- lumbia River; and ø(c) The Secretary shall coordinate with ties or habitat improvements at any non-Federal ø(7) ‘‘Columbia River Basin’’ means the en- the Northwest Power Planning Council; ap- water diversion or storage project located any- tire drainage area of the Columbia River lo- propriate agencies of the States of Idaho, Or- where in the Columbia River Basin when the cated in the United States, including all egon, and Washington; and appropriate feder- Secretary determines that such facilities would tributaries, from the headwaters to the Co- ally recognized Indian tribes in carrying out enable Reclamation to meet its obligations under lumbia River estuary. the program authorized by this Act. section 7(a)(2) of the Endangered Species Act of øSEC. 2. AUTHORIZATION. øSEC. 5. INAPPLICABILITY OF FEDERAL REC- 1973 (16 U.S.C. 1536(a)(2)) regarding the con- ø(a) Subject to the requirements of this LAMATION LAW. struction and continued operation and mainte- Act, the Secretary is authorized to plan, de- ø(a) The Reclamation Act of 1902 (32 Stat. nance of all Federal reclamation projects lo- sign, and construct, or provide financial as- 388), and Acts amendatory thereof and sup- cated in the Columbia River Basin, excluding sistance to non-Federal parties to plan, de- plementary thereto, shall not apply to the the Federal reclamation projects located in the sign, and construct, fish passage and screen- non-Federal water projects at which the fish Snake River Basin. ing facilities at any non-Federal water diver- passage and screening facilities authorized (b) PROHIBITION OF ACQUISITION OF LAND FOR sion or storage project located anywhere in by this Act are located, nor to the lands HABITAT IMPROVEMENTS.—Notwithstanding sub- the Columbia River Basin when, and only which such projects irrigate. section (a), nothing in this Act authorizes the when, the Secretary determines that such fa- ø(b) Notwithstanding any provision of law acquisition of land for habitat improvements. cilities would enable Reclamation to meet to the contrary, the expenditures made by SEC. 3. LIMITATIONS. its obligations under 16 U.S.C. 1536(a)(2) re- the Secretary pursuant to this Act shall not (a) WRITTEN AGREEMENT.—The Secretary may garding the construction and continued oper- be a project cost assignable to any Federal undertake the construction of, or provide finan- ation and maintenance of all Federal rec- reclamation project (either as a construction cial assistance covering the cost to the non-Fed- lamation projects located in the Columbia cost or as an operation and maintenance eral parties to construct, fish passage and River Basin, excluding the Federal reclama- cost) and shall be non-reimbursable and non- screening facilities at non-Federal water diver- tion projects located in the Snake River returnable to the United States Treasury. sion and storage projects or habitat improve- Basin. øSEC. 6. AUTHORIZATION OF APPROPRIATIONS. ø ments located anywhere in the Columbia River SEC. 3. LIMITATIONS. øThere are authorized to be appropriated Basin only after entering into a voluntary, writ- ø(a) The Secretary may undertake the con- such amounts as are necessary for the pur- ten agreement with the non- Federal party or struction of, or provide financial assistance poses of this Act.¿ parties who own, operate, or maintain the covering the cost to the non-Federal parties SECTION 1. DEFINITIONS. project, or any associated lands involved. to construct, fish passage and screening fa- (b) FEDERAL SHARE.—The Federal share of the cilities at non-Federal water diversion and As used in this Act— total costs of constructing the fish passage and storage projects located anywhere in the Co- (1) ‘‘Secretary’’ means the Secretary of the In- screening facility or habitat improvements shall lumbia River Basin only after entering into terior, acting through the Commissioner of Rec- be not more than 75 percent. a voluntary, written agreement with the lamation; (c) NON-FEDERAL SHARE.— non-Federal party or parties who own, oper- (2) ‘‘Reclamation’’ means the Bureau of Rec- (1) Except as provided in paragraph (4), a ate, and maintain the project, and any asso- lamation, United States Department of the Inte- ciated lands, involved. rior; written agreement entered into under subsection ø(b) Any financial assistance made avail- (3) ‘‘Fish passage and screening facilities’’ (a) shall provide that the non-Federal party able pursuant to this Act shall be provided means ladders, collection devices, and all other agrees to pay the non-Federal share of the total through grant agreements or cooperative kinds of facilities which enable fish to pass costs of constructing the fish passage and agreements entered into pursuant to and in through, over, or around water diversion struc- screening facility or habitat improvements. compliance with the Federal Grant and Co- tures; facilities and other constructed works (2) The non-Federal share may be provided in operative Agreement Act of 1977 (41 U.S.C. which modify, consolidate, or replace water di- the form of cash or in-kind services. 501). version structures in order to achieve fish pas- (3) The Secretary shall— ø(c) The Secretary may require such terms sage; screens and other devices which reduce or (A) require the non-Federal party to provide and conditions as will ensure performance by prevent entrainment and impingement of fish in appropriate documentation of any in-kind serv- the non-Federal party, protect the Federal a water diversion, delivery, or distribution sys- ices provided; and investment in fish passage and screening fa- tem; and any other facilities, projects, or con- (B) determine the value of the in-kind serv- cilities, define the obligations of the Sec- structed works or strategies which are designed ices. retary and the non-Federal party, and ensure to provide for or improve fish passage while (4) The requirements of this subsection shall compliance with this Act and all other appli- maintaining water deliveries and to reduce or not apply to Indian tribes. cable Federal, State, and local laws. prevent entrainment and impingement of fish in (d) GRANT AND COOPERATIVE AGREEMENTS.— ø(d) All right and title to, and interest in, a water storage, diversion, delivery, or distribu- Any financial assistance made available pursu- any fish passage and screening facilities con- tion system of a water project; ant to this Act shall be provided through grant structed or funded pursuant to the authority (4) ‘‘Federal reclamation project’’ means a agreements or cooperative agreements entered of this Act shall be held by the non-Federal water resources development project con- into pursuant to and in compliance with chap- party or parties who own, operate, and main- structed, operated, and maintained pursuant to ter 63 of title 31, United States Code. tain the non-Federal water diversion and the Reclamation Act of 1902 (32 Stat. 388), and (e) TERMS AND CONDITIONS.—The Secretary storage project, and any associated lands, in- acts amendatory thereof and supplementary may require such terms and conditions as will volved. In addition, the operation, mainte- thereto; ensure performance by the non-Federal party, nance, and replacement of such facilities (5) ‘‘Non-Federal party’’ means any non-Fed- protect the Federal investment in fish passage shall be the sole responsibility of such party eral party, including federally recognized In- and screening facilities or habitat improvements, or parties and shall not be a project cost as- dian tribes, non-Federal governmental and define the obligations of the Secretary and the signable to any Federal reclamation project. quasi-governmental entities, private entities non-Federal party, and ensure compliance with

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.074 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9325 this Act and all other applicable Federal, State, S. 1355 Stat. 388), and all Acts amendatory thereof and local laws. Be it enacted by the Senate and House of Rep- or supplementary thereto. (f) RIGHTS AND DUTIES OF NON-FEDERAL PAR- resentatives of the United States of America in øSEC. 5. APPROPRIATIONS. TIES.—All right and title to, and interest in, any Congress assembled, øThere is authorized to be appropriated to fish passage and screening facilities constructed øSECTION 1. SHORT TITLE. the Secretary $32,000,000 for the Federal or funded pursuant to the authority of this Act øThis Act may be cited as the ‘‘Wallowa share of the costs of activities authorized shall be held by the non-Federal party or par- Lake Dam Rehabilitation and Water Man- under this Act. ties who own, operate, and maintain the non- agement Act of 2003’’. SECTION 1. SHORT TITLE. Federal water diversion and storage project, and SEC. 2. DEFINITIONS. This Act may be cited as the ‘‘Wallowa Lake any associated lands, involved. The operation, øIn this Act: Dam Rehabilitation and Water Management Act maintenance, and replacement of such facilities ø(1) ASSOCIATED DITCH COMPANIES, INCOR- of 2004’’. shall be the sole responsibility of such party or PORATED.—The term ‘‘Associated Ditch Com- SEC. 2. DEFINITIONS. parties and shall not be a project cost assignable panies, Incorporated’’ means the non-profit In this Act: to any Federal reclamation project. corporation by that name (as established (1) ASSOCIATED DITCH COMPANIES, INCOR- SEC. 4. OTHER REQUIREMENTS. under the laws of the State of Oregon) that PORATED.—The term ‘‘Associated Ditch Compa- (a) PERMITS.—The Secretary may assist a operates Wallowa Lake Dam. nies, Incorporated’’ means the nonprofit cor- non-Federal party who owns, operates, or main- ø(2) SECRETARY.—The term ‘‘Secretary’’ poration established under the laws of the State tains a non-Federal water diversion or storage means the Secretary of the Interior, acting of Oregon that operates Wallowa Lake Dam. project, and any associated lands, to obtain and through the Commissioner of Reclamation. (2) PHASE II AND PHASE III OF THE WALLOWA comply with any required State, local, or tribal ø(3) WALLOWA LAKE DAM REHABILITATION VALLEY WATER MANAGEMENT PLAN.—The term permits. PROGRAM.—The term ‘‘Wallowa Lake Dam ‘‘Phase II and Phase III of the Wallowa Valley (b) FEDERAL LAW.—In carrying out this Act, Rehabilitation Program’’ means the program Water Management Plan’’ means the Phase II the Secretary shall be subject to all Federal laws for the rehabilitation of the Wallowa Lake program for fish passage improvements and applicable to activities associated with the con- Dam in Oregon, as contained in the engineer- water conservation measures, and the Phase III struction of a fish passage and screening facility ing document entitled, ‘‘Phase I Dam Assess- program for implementation of water exchange or habitat improvements. ment and Preliminary Engineering Design’’, infrastructure, developed for the Wallowa River (c) STATE WATER LAW.— dated October 2001, and on file with the Bu- watershed, as contained in the document enti- (1) In carrying out this Act, the Secretary reau of Reclamation. tled ‘‘Wallowa Lake Dam Rehabilitation and shall comply with any applicable State water ø(4) WALLOWA VALLEY WATER MANAGEMENT Water Management Plan Vision Statement’’, laws. PLAN.—The term ‘‘Wallowa Valley Water dated February 2001, and on file with the Bu- (2) Nothing in this Act affects any water or Management Plan’’ means the program de- reau of Reclamation. water-related right of a State, an Indian tribe, veloped for the Wallowa River watershed, as (3) SECRETARY.—The term ‘‘Secretary’’ means or any other entity or person. contained in the document entitled the Secretary of the Interior, acting through the (d) REQUIRED COORDINATION.—The Secretary ‘‘Wallowa Lake Dam Rehabilitation and Commissioner of Reclamation. shall coordinate with the Northwest Power and Water Management Plan Vision Statement’’, (4) WALLOWA LAKE DAM REHABILITATION PRO- Conservation Council; appropriate agencies of dated February 2001, and on file with the Bu- GRAM.—The term ‘‘Wallowa Lake Dam Rehabili- the States of Idaho, Oregon, and Washington; reau of Reclamation. tation Program’’ means the program for the re- and appropriate federally recognized Indian ø habilitation of the Wallowa Lake Dam in Or- SEC. 3. AUTHORIZATION TO PARTICIPATE IN egon, as contained in the engineering document tribes in carrying out the program authorized by PROGRAM. entitled, ‘‘Phase I Dam Assessment and Prelimi- this Act. ø(a) AUTHORIZATION.—The Secretary— nary Engineering Design’’, dated December SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMA- ø(1) may provide funding to the Associated TION LAW. Ditch Companies, Incorporated, in order for 2002, and on file with the Bureau of Reclama- tion. (a) IN GENERAL.—The Reclamation Act of 1902 the Associated Ditch Companies, Incor- (32 Stat. 388), and Acts amendatory thereof and porated, to plan, design and construct facili- SEC. 3. AUTHORIZATION TO PARTICIPATE IN PRO- supplementary thereto, shall not apply to the ties needed to implement the Wallowa Lake GRAM. (a) GRANTS AND COOPERATIVE AGREEMENTS.— non-Federal water projects at which the fish Dam Rehabilitation Program; and The Secretary may provide grants to, or enter passage and screening facilities authorized by ø(2) in cooperation with tribal, State and into cooperative or other agreements with, trib- this Act are located, nor to the lands which local governmental entities, may participate al, State, and local governmental entities and such projects irrigate. in planning, design and construction of fa- the Associated Ditch Companies, Incorporated, (b) NONREIMBURSABLE AND NONRETURNABLE cilities needed to implement the Wallowa to plan, design, and construct facilities needed EXPENDITURES.—Notwithstanding any provision Valley Water Management Plan. to implement the Wallowa Lake Dam Rehabili- of law to the contrary, the expenditures made ø(b) COST SHARING.— tation Program and Phase II and Phase III of by the Secretary pursuant to this Act shall not ø(1) IN GENERAL.—The Federal share of the be a project cost assignable to any Federal rec- costs of activities authorized under this Act the Wallowa Valley Water Management Plan. (b) CONDITIONS.—As a condition of providing lamation project (either as a construction cost or shall not exceed 80 percent. funds under subsection (a), the Secretary shall as an operation and maintenance cost) and ø(2) EXCLUSIONS FROM FEDERAL SHARE.— ensure that— shall be non-reimbursable and non-returnable to There shall not be credited against the Fed- (1) the Wallowa Lake Dam Rehabilitation the United States Treasury. eral share of such costs— Program meets the standards of the dam safety ø(A) any expenditure by the Bonneville SEC. 6. AUTHORIZATION OF APPROPRIATIONS. program of the State of Oregon; There are authorized to be appropriated such Power Administration in the Wallowa River (2) the Associated Ditch Companies, Incor- amounts as are necessary for the purposes of watershed; and porated, agrees to assume liability for any work ø this Act. (B) expenditures made by individual farm- performed, or supervised, with funds provided to The committee amendment in the ers in any Federal farm or conservation pro- it under this Act; and gram. (3) the United States shall not be liable for nature of a substitute was agreed to. ø (c) COMPLIANCE WITH STATE LAW.—The damages of any kind arising out of any act, The bill (S. 1307), as amended, was Secretary, in carrying out this Act, shall read the third time and passed. omission, or occurrence relating to a facility re- comply with otherwise applicable State habilitated or constructed under this Act. water law. (c) COST SHARING.— f ø (d) PROHIBITION ON HOLDING TITLE.—The (1) IN GENERAL.—The Federal share of the Federal Government shall not hold title to costs of activities authorized under this Act WALLOWA LAKE DAM REHABILI- any facility rehabilitated or constructed shall not exceed 80 percent. TATION AND WATER MANAGE- under this Act. (2) EXCLUSIONS FROM FEDERAL SHARE.—There ø MENT ACT OF 2004 (e) PROHIBITION ON OPERATION AND MAIN- shall not be credited against the Federal share TENANCE.—The Federal Government shall The Senate proceeded to consider the of such costs— not be responsible for the operation and (A) any expenditure by the Bonneville Power bill (S. 1355) to authorize the Bureau of maintenance of any facility constructed or Administration in the Wallowa River watershed; Reclamation to participate in the reha- rehabilitated under this Act. and bilitation of the Wallowa Lake Dam in ø(f) OWNERSHIP AND OPERATION OF FISH (B) expenditures made by individual agricul- Oregon, and for other purposes, which PASSAGE FACILITY.—Any facility located at tural producers in any Federal commodity or had been reported from the Committee Wallowa Lake Dam for trapping and trans- conservation program. on Energy and Natural Resources, with portation of migratory adult salmon may be (d) COMPLIANCE WITH STATE LAW.—The Sec- owned and operated only by the Nez Perce an amendment to strike all after the retary, in carrying out this Act, shall comply Tribe. with otherwise applicable State water law. enacting clause and inserting in lieu øSEC. 4. RELATIONSHIP TO OTHER LAW. (e) PROHIBITION ON HOLDING TITLE.—The thereof the following: øActivities funded under this Act shall not Federal Government shall not hold title to any (Strike the part shown in black brackets be considered a supplemental or additional facility rehabilitated or constructed under this and insert the part shown in italic.) benefit under the Act of June 17, 1902 (32 Act.

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(f) PROHIBITION ON OPERATION AND MAINTE- landowners have to subdivide and dedicate SEC. 2. DEFINITIONS. NANCE.—The Federal Government shall not be land should be accomplished without depriv- In this Act: responsible for the operation and maintenance ing the Alaska Native restricted landowners (1) RESTRICTED LAND.—The term ‘‘restricted of any facility constructed or rehabilitated of any of the protections associated with re- land’’ means land in the State that is subject to under this Act. stricted land status; Federal restrictions against alienation and tax- (g) OWNERSHIP AND OPERATION OF FISH PAS- ø(5) confirming the right and authority of ation. SAGE FACILITY.—Any facility constructed using Alaska Native restricted land owners, sub- (2) SECRETARY.—The term ‘‘Secretary’’ means Federal funds authorized by this Act located at ject to the approval of the Secretary of the the Secretary of the Interior. Wallowa Lake Dam for trapping and transpor- Interior, to subdivide their land and to dedi- (3) STATE.—The term ‘‘State’’ means the State tation of migratory adult salmon may be owned cate their interests in the restricted land, of Alaska. and operated only by the Nez Perce Tribe. should be accomplished without affecting SEC. 3. SUBDIVISION AND DEDICATION OF ALAS- KA NATIVE RESTRICTED LAND. SEC. 4. RELATIONSHIP TO OTHER LAW. the laws relating to whether tribal govern- (a) IN GENERAL.—An Alaska Native owner of Activities funded under this Act shall not be ments or the State of Alaska (including po- restricted land may, subject to the approval of considered a supplemental or additional benefit litical subdivisions of the State) have authority to regulate land use; the Secretary— under Federal reclamation law (the Act of June (1) subdivide the restricted land in accordance ø(6) Alaska Native restricted land owners, 17, 1902 (32 Stat. 388, chapter 1093), and Acts with the laws of the— supplemental to and amendatory of that Act (43 persons to which the restricted land is trans- (A) State; or U.S.C. 371 et seq.)). ferred, State and local platting authorities, (B) applicable local platting authority; and SEC. 5. AUTHORIZATION OF APPROPRIATIONS. and members of the general public have (2) execute a certificate of ownership and There is authorized to be appropriated to the formed expectations in reliance on past sub- dedication with respect to the restricted land Secretary to the pay the Federal share of the divisions and dedications; and subdivided under paragraph (1) with the same ø costs of activities authorized under this Act (7) those expectations should be fulfilled effect under State law as if the restricted land $25,600,000. by ratifying the validity under Federal law subdivided and dedicated were held by unre- The committee amendment in the of the subdivisions and dedications. stricted fee simple title. nature of a substitute was agreed to. øSEC. 3. DEFINITIONS. (b) RATIFICATION OF PRIOR SUBDIVISIONS AND ø The bill (S. 1355), as amended, was In this Act: DEDICATIONS.—Any subdivision or dedication of ø(1) RESTRICTED LAND.—The term ‘‘re- restricted land executed before the date of en- read the third time and passed. stricted land’’ means land in the State that actment of this Act that has been approved by f is subject to Federal restrictions against the Secretary and by the relevant State or local ALASKA NATIVE ALLOTMENT alienation and taxation. platting authority, as appropriate, shall be con- ø(2) SECRETARY.—The term ‘‘Secretary’’ sidered to be ratified and confirmed by Congress SUBDIVISION ACT means the Secretary of the Interior. as of the date on which the Secretary approved The Senate proceeded to consider the ø(3) STATE.—The term ‘‘State’’ means the the subdivision or dedication. bill (S. 1421) to authorize the subdivi- State of Alaska. SEC. 4. EFFECT ON STATUS OF LAND NOT DEDI- sion and dedication of restricted land øSEC. 4. SUBDIVISION AND DEDICATION OF ALAS- CATED. owned by Alaska Natives, which had KA NATIVE RESTRICTED LAND. Except in a case in which a specific interest in ø(a) IN GENERAL.—An Alaska Native owner restricted land is dedicated under section been reported from the Committee on of restricted land may, subject to the ap- 3(a)(2), nothing in this Act terminates, dimin- Energy and Natural Resources, with an proval of the Secretary— ishes, or otherwise affects the continued exist- amendment to strike all after the en- ø(1) subdivide the restricted land in accord- ence and applicability of Federal restrictions acting clause and insert in lieu thereof ance with the laws of the— against alienation and taxation on restricted the following: ø(A) State; or land or interests in restricted land (including re- (Strike the part shown in black brackets ø(B) applicable local platting authority; stricted land subdivided under section 3(a)(1)). and insert the part shown in italic.) and The committee amendment in the ø(2) execute a certificate of ownership and S. 1421 nature of a substitute was agreed to. dedication with respect to the restricted The bill (S. 1421), as amended, was Be it enacted by the Senate and House of Rep- land subdivided under paragraph (1) with the read the third time and passed. resentatives of the United States of America in same effect under State law as if the re- Congress assembled, stricted land subdivided and dedicated were f øSECTION 1. SHORT TITLE. held by unrestricted fee simple title. SOUTHWEST FOREST HEALTH AND øThis Act may be cited as the ‘‘Alaska Na- ø(b) RATIFICATION OF PRIOR SUBDIVISIONS WILDFIRE PREVENTION ACT OF tive Allotment Subdivision Act’’. AND DEDICATIONS.—Any subdivision or dedi- 2004 øSEC. 2. FINDINGS. cation of restricted land executed before the øCongress finds that— date of enactment this Act that has been ap- The bill (H.R. 2696) to establish Insti- ø(1) Alaska Natives that own land subject proved by the Secretary and by the relevant tutes to demonstrate and promote the to Federal restrictions against alienation State or local platting authority, as appro- use of adaptive ecosystem management and taxation need to be able to subdivide the priate, shall be considered to be ratified and to reduce the risk of wildfires, and re- restricted land for the purposes of— confirmed by Congress as of the date on store the health of fire-adapted forest ø(A) transferring by gift, sale, or devise which the Secretary approved the subdivi- and woodland ecosystems of the inte- sion or dedication. separate interests in the land; or rior West was considered, ordered to a ø(B) severing, by mutual consent, tenan- øSEC. 5. EFFECT. third reading, read the third time, and cies in common; ø(a) IN GENERAL.—Nothing in this Act vali- ø(2) for the benefit of the Alaska Native re- dates or invalidates any assertion— passed. stricted landowners, any persons to which ø(1) that a Federally recognized Alaska Na- f the restricted land is transferred, and the tive tribe has or lacks jurisdiction with republic in general, the Alaska Native respect to any land in the State; ARCH HURLEY CONSERVANCY DIS- stricted landowners should be authorized to ø(2) that Indian country, as defined in sec- TRICT WATER CONSERVATION dedicate— tion 1151 of title 18, United States Code, ex- PROJECT FEASIBILITY STUDY ø(A) rights-of-way for public access; ists or does not exist in the State; or The Senate proceeded to consider the ø ø(B) easements for utility installation, use, (3) that, except as provided in section 4, bill (S. 1071) to authorize the Secretary and maintenance; and the State or any political subdivision of the of the Interior, through the Bureau of ø(C) additional land for other public pur- State does or does not have the authority to poses; regulate the use of any individually owned Reclamation, to conduct a feasibility ø(3)(A) the lack of an explicit authoriza- restricted land. study on a water conservation project tion by Congress with respect to the subdivi- ø(b) EFFECT ON STATUS OF LAND NOT DEDI- within the Arch Hurley Conservancy sion and dedication of Alaska Native land CATED.—Except in a case in which a specific District in the State of New Mexico, that is subject to Federal restrictions has interest in restricted land is dedicated under and for other purposes, which had been called into question whether such subdivi- section (4)(a)(2), nothing in this Act termi- reported from the Committee on En- sion and dedication is legal; and nates, diminishes, or otherwise affects the ergy and Natural Resources, with an ø continued existence and applicability of Fed- (B) this legal uncertainty has been detri- amendment, as follows: mental to the rights of Alaska Native re- eral restrictions against alienation and tax- stricted landowners to use or dispose of the ation on restricted land or interests in re- (Strike the part shown in black brackets restricted land in the same manner as other stricted land (including restricted land sub- and insert the part shown in italic) landowners are able to use and dispose of divided under section 4(a)(1)).¿ S. 1071 land; SECTION 1. SHORT TITLE. Be it enacted by the Senate and House of Rep- ø(4) extending to Alaska Native restricted This Act may be cited as the ‘‘Alaska Native resentatives of the United States of America in land owners the same authority that other Allotment Subdivision Act’’. Congress assembled,

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.073 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9327 SECTION 1. STUDY AUTHORIZATION. øSECTION 1. SHORT TITLE. øSEC. 3. BOARD OF TRUSTEES. (a) AUTHORIZATION.—Pursuant to reclama- øThis Act may be cited as the ‘‘Valles øSection 107(e) of the Valles Caldera Pres- tion laws, the Secretary of the Interior, Caldera Preservation Act of 2003’’. ervation Act (U.S.C. 698v–5(e)) is amended— through the Bureau of Reclamation, and in øSEC. 2. AMENDMENTS TO THE VALLES CALDERA ø(1) in paragraph (2), by striking ‘‘Trust- consultation and cooperation with the Arch PRESERVATION ACT. ees’’ and inserting ‘‘Except as provided in Hurley Conservancy District and the State ø(a) TRUST EMPLOYMENT.—Section 106(d) of paragraph (3), Trustees’’; and Engineer in New Mexico, is authorized to the Valles Caldera Preservation Act (16 ø(2) in paragraph (3)— conduct a study to determine the feasibility U.S.C. 698v–4(d)) is amended— ø(A) by striking ‘‘Trustees’’ and inserting of implementing a water conservation ø(1) in paragraph (1)— the following: ø project that will minimize water losses from (A) by striking ‘‘The Trust’’ and inserting ø‘‘(A) SELECTION.—Trustees’’; and the irrigation conveyance works of the Arch the following: ø(B) by adding at the end the following: ø Hurley Conservancy District, and to con- ‘‘(A) APPOINTMENT.—The Trust’’; ø‘‘(B) COMPENSATION.—On request of the sider— ø(B) by inserting after the first sentence chair, the chair may be compensated at a (1) options for utilizing any saved water the following: rate determined by the Board of Trustees, ø made available from the conservation ‘‘(B) CONTRACT OR EMPLOYMENT AGREE- but not to exceed the daily equivalent of the project including the possible conveyance of MENT.—Employees of the Trust may be em- annual rate of pay for level IV of the Execu- such water, in accordance with State law, to ployed under an employment agreement, the tive Schedule under section 5315 of title 5, the Pecos River basin to address water sup- terms and conditions of which shall be deter- United States Code, for each day (including ply issues in that basin; mined by the Trust subject to this sub- travel time) in which the chair is engaged in (2) the impacts that the conservation section.’’; and the performance of duties of the Board of ø project could have on the local water supply (C) by striking ‘‘No employee’’ and insert- Trustees. ing the following: in and around the Arch Hurley Conservancy ø‘‘(C) MAXIMUM RATE OF PAY.—The total ø District and any appropriate mitigation that ‘‘(C) MAXIMUM COMPENSATION.—No em- amount of compensation paid to the chair may be necessary if the project is imple- ployee’’; and for a fiscal year under subparagraph (B) shall ø(2) in paragraph (2)— mented; and not exceed 25 percent of the annual rate of ø(A) in subparagraph (A), by striking (3) appropriate cost-sharing options for im- pay for level IV of the Executive Schedule ‘‘shall’’ each place it appears and inserting plementation of the project based on the use under section 5315 of title 5, United States ‘‘may’’; and and possible allocation of any conserved Code.’’. ø(B) by adding at the end the following: water. øSEC. 4. RESOURCE MANAGEMENT. ø‘‘(C) ELIGIBILITY FOR COMPETITIVE SERV- (b) REPORT.— ø(a) PROPERTY DISPOSAL LIMITATIONS.— (1) Upon completion of the feasibility ICE.— ø‘‘(i) IN GENERAL.—An employee of the Section 108(c)(3) of the Valles Caldera Pres- study authorized by this Act, the Secretary ervation Act (16 U.S.C. 698v–6(c)(3)) is amend- of the Interior shall transmit to Congress a Trust shall not be precluded from consideration for a position in the competitive served— report containing the results of the study. ø(1) in the first sentence, by striking ‘‘The (2) In developing the report, the Secretary ice that is open to other Federal employees. ø‘‘(ii) CLASSIFICATION AND PAY RATE.—In Trust may not dispose’’ and inserting the shall utilize reports or any other relevant in- considering an employee of the Trust for a following: formation supplied by the Arch Hurley Con- position in the competitive service under ø‘‘(A) IN GENERAL.—The Trust may not dis- servancy District or the State Engineer in clause (i), the employing agency shall con- pose’’; New Mexico. sider a position with the Trust to be com- ø(2) in the second sentence, by striking SEC. 2. AUTHORIZATION OF APPROPRIATIONS. parable in classification and General Sched- ‘‘The Trust’’ and inserting the following: (a) AMOUNT.—There are authorized to be ule pay rates to a similar position in the ø‘‘(B) MAXIMUM DURATION.—The Trust’’; ø ¿ appropriated $500,000 $2,500,000 to carry out competitive service.’’. ø(3) in the last sentence, by striking ‘‘Any this Act. ø(b) OBLIGATIONS AND EXPENDITURES.—Sec- such’’ and inserting the following: (b) COST SHARE.— tion 106(e) of the Valles Caldera Preservation ø‘‘(C) TERMINATION.—The’’; and (1) The Federal share of the costs of the Act (16 U.S.C. 698v–4(e)) is amended by add- ø(4) by adding at the end the following: feasibility study shall not exceed 50 percent ing at the end the fsollowing: ø‘‘(D) EXCLUSIONS.—For the purposes of of the total, except that the Secretary of the ø‘‘(4) OBLIGATIONS AND EXPENDITURES.— this paragraph, the disposal of real property Interior is authorized to waive or limit the Subject to the laws applicable to Govern- does not include the sale or other disposal of required non-Federal cost share for the feasi- ment corporations, the Trust shall deter- forage, forest products, or marketable renew- bility study if the Secretary determines, mine— able resources.’’. based upon a demonstration of financial ø‘‘(A) the character of, and the necessity ø(b) LAW ENFORCEMENT AND FIRE MANAGE- hardship on the part of the Arch-Hurley Con- for, any obligations and expenditures of the MENT.—Section 108(g) of the Valles Caldera servancy District, that the District is unable Trust; and Preservation Act (16 U.S.C. 698v–6(g)) is to contribute such required share. ø‘‘(B) the manner in which obligations and amended— (2) The Secretary of the Interior may ac- expenditures shall be incurred, allowed, and ø(1) in the first sentence, by striking ‘‘The cept as part of the non-Federal cost share paid.’’. Secretary’’ and inserting the following: the contribution of such in-kind services by ø(c) SOLICITATION OF DONATIONS.—Section ø‘‘(1) LAW ENFORCEMENT.—The Secretary’’; the Arch Hurley Conservancy District as the 106(g) of the Valles Caldera Preservation Act ø(2) in the second sentence, by striking Secretary determines will contribute sub- (16 U.S.C. 698v–4(g)) is amended by striking ‘‘The Trust’’ and inserting the following: stantially toward the conduct and comple- ‘‘The Trust may solicit’’ and inserting ‘‘The ø‘‘(B) FEDERAL AGENCY.—The Trust’’; and tion of the study. members of the Board of Trustees and any ø(3) by striking ‘‘At the request of the The committee amendment was employees of the Trust designated by the Trust’’ and all that follows through the end agreed to. Board of Trustees may solicit’’. of the paragraph and inserting the following: ø(d) USE OF PROCEEDS.—Section 106(h)(1) of The bill (S. 1071), as amended, was ø‘‘(2) FIRE MANAGEMENT.—To the extent the Valles Caldera Preservation Act (16 generally authorized at other units of the read the third time and passed. U.S.C. 698v–4(h)(1)) is amended by striking National Forest System, the Secretary shall f ‘‘subsection (g)’’ and inserting ‘‘subsection provide, under a cooperative agreement en- VALLES CALDERA PRESERVATION (g), from claims, judgments, or settlements arising from activities occurring on the Baca tered into between the Secretary and the ACT OF 2004 Ranch or the Preserve after October 27, Trust— ø The Senate proceeded to consider the 1999,’’. ‘‘(A) fire suppression and rehabilitation ø(e) CLAIMS AND JUDGMENTS.—Section services; and bill (S. 1582) to amend the Valles ø‘‘(B) wildland fire severity funding for ex- Caldera Preservation Act to improve 106(j) of the Valles Caldera Preservation Act (16 U.S.C. 698v–4(j)) is amended— traordinary fire preparedness.’’.¿ the perservation of the Valles Caldera, ø(1) in the first sentence, by striking ‘‘The SECTION 1. SHORT TITLE. and for other purposes, which had been Trust’’ and inserting the following: This Act may be cited as the ‘‘Valles Caldera reported from the Committee on En- ø‘‘(1) IN GENERAL.—The Trust’’; and Preservation Act of 2004’’. ergy and Natural Resources, with an ø(2) by adding at the end the following: SEC. 2. AMENDMENTS TO THE VALLES CALDERA amendment, to strike all after the en- ø‘‘(2) PERMANENT JUDGMENT APPROPRIA- PRESERVATION ACT. acting clause and insert in lieu thereof TION.—During any fiscal year in which funds (a) ACQUISITION OF OUTSTANDING MINERAL IN- the following: have been appropriated to the Trust or the TERESTS.—Section 104(e) of the Valles Caldera Secretary to carry out this title, the Trust Preservation Act (16 U.S.C. 698v–2(e)) is amend- (Strike the part shown in black brackets shall not be precluded from using the perma- ed— and insert the part shown in italic.) nent judgment appropriation under section (1) by striking ‘‘The acquisition’’ and insert- S. 1582 1304 of title 31, United States Code, for a ing the following: Be it enacted by the Senate and House of Rep- claim, judgment, or settlement against the ‘‘(1) IN GENERAL.—The acquisition’’; resentatives of the United States of America in Trust or the Secretary in the name of the (2) by striking ‘‘The Secretary’’ and inserting Congress assembled, United States.’’. the following:

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‘‘(2) ACQUISITION.—The Secretary’’; (3) in the last sentence, by striking ‘‘Any novative partnerships among Federal agen- (3) by striking ‘‘on a willing seller basis’’; such’’ and inserting the following: cies, universities, and private industries; and (4) by striking ‘‘Any such’’ and inserting the ‘‘(C) TERMINATION.—The’’; and ø(B) culminated in a transformation of the following: (4) by adding at the end the following: global society by ushering in the atomic age; ‘‘(3) ADMINISTRATION.—Any such’’; and ‘‘(D) EXCLUSIONS.—For the purposes of this ø(2) the Manhattan Project was an unprec- (5) by adding at the end the following: paragraph, the disposal of real property does edented $2,200,000,000, 3-year, top-secret ef- ‘‘(4) AVAILABLE FUNDS.—Any such interests not include the sale or other disposal of forage, fort that employed approximately 130,000 shall be acquired with available funds. forest products, or marketable renewable re- men and women at its peak; ‘‘(5) DECLARATION OF TAKING.— sources.’’. ø(3) the Manhattan Project sites contain ‘‘(A) IN GENERAL.—If negotiations to acquire (b) LAW ENFORCEMENT AND FIRE MANAGE- historic resources that are crucial for the in- the interests are unsuccessful by the date that is MENT.—Section 108(g) of the Valles Caldera terpretation of the Manhattan Project, in- 60 days after the date of enactment of this para- Preservation Act (16 U.S.C. 698v–6(g)) is amend- cluding facilities in— graph, the Secretary shall acquire the interests ed— ø(A) Oak Ridge, Tennessee (where the first pursuant to section 3114 of title 40, United (1) in the first sentence, by striking ‘‘The Sec- uranium enrichment facilities and pilot- States Code. retary’’ and inserting the following: scale nuclear reactor were built); ‘‘(B) SOURCE OF FUNDS.—Any difference be- ‘‘(1) LAW ENFORCEMENT.— ø(B) Hanford, Washington (where the first tween the sum of money estimated to be just ‘‘(A) IN GENERAL.—The Secretary’’; large-scale reactor for producing plutonium compensation by the Secretary and the amount (2) in the second sentence, by striking ‘‘The was built); awarded shall be paid from the permanent judg- Trust’’ and inserting the following: ø(C) Los Alamos, New Mexico (where the ment appropriation under section 1304 of title ‘‘(B) FEDERAL AGENCY.—The Trust’’; and atomic bombs were designed and built); and 31, United States Code.’’. (3) by striking ‘‘At the request of the Trust’’ ø(D) Trinity Site, New Mexico (where the (b) OBLIGATIONS AND EXPENDITURES.—Section and all that follows through the end of the explosion of the first nuclear device took 106(e) of the Valles Caldera Preservation Act (16 paragraph and inserting the following: place); U.S.C. 698v–4(e)) is amended by adding at the ‘‘(2) FIRE MANAGEMENT.— ø(4) the Secretary of the Interior has rec- end the following: ‘‘(A) NON-REIMBURSABLE SERVICES.— ognized the national significance in Amer- ‘‘(4) OBLIGATIONS AND EXPENDITURES.—Sub- ‘‘(i) DEVELOPMENT OF PLAN.—The Secretary ican history of Manhattan Project facilities ject to the laws applicable to Government cor- shall, in consultation with the Trust, develop a in the study area by— porations, the Trust shall determine— plan to carry out fire preparedness, suppression, ø(A) designating the Los Alamos Scientific ‘‘(A) the character of, and the necessity for, and emergency rehabilitation services on the Laboratory in the State of New Mexico as a any obligations and expenditures of the Trust; Preserve. National Historic Landmark in 1965 and add- and ‘‘(ii) CONSISTENCY WITH MANAGEMENT PRO- ing the Laboratory to the National Register ‘‘(B) the manner in which obligations and ex- GRAM.—The plan shall be consistent with the of Historic Places in 1966; penditures shall be incurred, allowed, and management program developed pursuant to ø(B) designating the Trinity Site on the paid.’’. subsection (d). White Sands Missile Range in the State of (c) SOLICITATION OF DONATIONS.—Section ‘‘(iii) COOPERATIVE AGREEMENT.—To the ex- New Mexico as a National Historic Land- 106(g) of the Valles Caldera Preservation Act (16 tent generally authorized at other units of the mark in 1965 and adding the Site to the Na- U.S.C. 698v–4(g)) is amended by striking ‘‘The National Forest System, the Secretary shall pro- tional Register of Historic Places in 1966; Trust may solicit’’ and inserting ‘‘The members vide the services to be carried out pursuant to ø(C) designating the X–10 Graphite Reactor of the Board of Trustees, the executive director, the plan under a cooperative agreement entered at the Oak Ridge National Laboratory in the and 1 additional employee of the Trust in an ex- into between the Secretary and the Trust. State of Tennessee as a National Historic ecutive position designated by the Board of ‘‘(B) REIMBURSABLE SERVICES.—To the extent Landmark in 1965 and adding the Reactor to Trustees or the executive director may solicit’’. generally authorized at other units of the Na- the National Register of Historic Places in (d) USE OF PROCEEDS.—Section 106(h)(1) of tional Forest System, the Secretary may provide 1966; the Valles Caldera Preservation Act (16 U.S.C. presuppression and nonemergency rehabilitation ø(D) adding the Oak Ridge Historic Dis- 698v–4(h)(1)) is amended by striking ‘‘subsection and restoration services for the Trust at any trict to the National Register of Historic (g)’’ and inserting ‘‘subsection (g), from claims, time on a reimbursable basis.’’. Places in 1991; judgments, or settlements arising from activities The committee amendment in the ø(E) adding the B Reactor at the Hanford occurring on the Baca Ranch or the Preserve nature of a substitute was agreed to. Site in the State of Washington to the Na- after October 27, 1999,’’. The bill (S. 1582), as amended, was tional Register of Historic Places in 1992; and SEC. 3. BOARD OF TRUSTEES. read the third time and passed. ø(F) by adding the Oak Ridge Turnpike, Section 107(e) of the Valles Caldera Preserva- Bear Creek Road, and Bethel Valley Road f tion Act (U.S.C. 698v–5(e)) is amended— Checking Stations in the State of Tennessee (1) in paragraph (2), by striking ‘‘Trustees’’ MANHATTAN PROJECT NATIONAL to the National Register of Historic Places and inserting ‘‘Except as provided in paragraph HISTORICAL PARK STUDY ACT in 1992; (3), trustees’’; and ø(5) the Hanford Site has been nominated (2) in paragraph (3)— The Senate proceeded to consider the by the Richland Operations Office of the De- (A) by striking ‘‘Trustees’’ and inserting the bill (S. 1687) to direct the Secretary of partment of Energy and the Washington following: the Interior to conduct a study on the State Historic Preservation Office for addi- ‘‘(A) SELECTION.—Trustees’’; and preservation and interpretation of the tion to the National Register of Historic (B) by adding at the end the following: historic sites of the Manhattan Project Places; ‘‘(B) COMPENSATION.—On request of the chair, for potential inclusion in the National ø(6) a panel of experts convened by the Ad- the chair may be compensated at a rate deter- Park System, which had been reported visory Council on Historic Preservation in mined by the Board of Trustees, but not to ex- 2001 reported that the development and use ceed the daily equivalent of the annual rate of from the Committee on Energy and of the atomic bomb during World War II has pay for level IV of the Executive Schedule under Natural Resources, with an amendment been called ‘‘the single most significant section 5315 of title 5, United States Code, for to strike all after the enacting clause event of the 20th century’’ and recommended each day (including travel time) in which the and insert in lieu thereof the following: that various sites be formally established chair is engaged in the performance of duties of (Strike the part shown in black brackets ‘‘as a collective unit administered for preser- the Board of Trustees. and insert the part shown in italic.) vation, commemoration, and public interpre- ‘‘(C) MAXIMUM RATE OF PAY.—The total tation in cooperation with the National Park S. 1687 amount of compensation paid to the chair for a Service’’; fiscal year under subparagraph (B) shall not ex- Be it enacted by the Senate and House of Rep- ø(7) the Advisory Council on Historic Pres- ceed 25 percent of the annual rate of pay for resentatives of the United States of America in ervation reported in 2001 that the preserva- level IV of the Executive Schedule under section Congress assembled, tion and interpretation of the historic sites 5315 of title 5, United States Code.’’. øSECTION 1. SHORT TITLE. of the Manhattan Project offer significant SEC. 4. RESOURCE MANAGEMENT. øThis Act may be cited as the ‘‘Manhattan value as destinations for domestic and inter- (a) PROPERTY DISPOSAL LIMITATIONS.—Sec- Project National Historical Park Study Act national tourists; and tion 108(c)(3) of the Valles Caldera Preservation of 2003’’. ø(8) preservation and interpretation of the Act (16 U.S.C. 698v–6(c)(3)) is amended— øSEC. 2. FINDINGS. Manhattan Project historic sites are nec- (1) in the first sentence, by striking ‘‘The øCongress finds that— essary for present and future generations to Trust may not dispose’’ and inserting the fol- ø(1) the Manhattan Project, the World War fully appreciate the extraordinary under- lowing: II effort to develop and construct the world’s taking and complex consequences of the ‘‘(A) IN GENERAL.—The Trust may not dis- first atomic bomb, represents an extraor- Manhattan Project. pose’’; dinary era of American and world history øSEC. 3. DEFINITIONS. (2) in the second sentence, by striking ‘‘The that— øIn this Act: Trust’’ and inserting the following: ø(A) included remarkable achievements in ø(1) SECRETARY.—The term ‘‘Secretary’’ ‘‘(B) MAXIMUM DURATION.—The Trust’’; science and engineering made possible by in- means the Secretary of the Interior.

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ø(2) STUDY.—The term ‘‘study’’ means the (A) consult with interested Federal, State, Standards for Federal Land Acquisitions, study authorized by section 4(a). tribal, and local officials, representatives of or- Uniform Standards of Professional Practice, ø(3) STUDY AREA.—The term ‘‘study area’’ ganizations, and members of the public; and U.S. Forest Service Appraisal Directives; means the following Manhattan Project (B) evaluate, in coordination with the Sec- and sites: retary of Energy, the compatibility of desig- ø(2) notify the City of the results of the ap- ø(A) Los Alamos National Laboratory and nating 1 or more sites within the study area as praisal. townsite in the State of New Mexico. a unit of the National Park System with main- øSEC. 5. MANAGEMENT OF CONVEYED LANDS. ø(B) The Trinity Site on the White Sands taining the security, productivity, and manage- øLands received by the Secretary shall be Missile Range in the State of New Mexico. ment goals of the Department of Energy and included in the Tongass National Forest and ø(C) The Hanford Site in the State of public health and safety; and shall be managed in accordance with the Washington. (C) consider research in existence on the date laws, regulations, and forest plan applicable ø(D) Oak Ridge Laboratory in the State of of enactment of this Act by the Department of to the Tongass National Forest. Tennessee. Energy on the historical significance and feasi- øSEC. 6. AUTHORIZATION. ø (E) Other significant sites relating to the bility of preserving and interpreting the various øThere are authorized to be appropriated— Manhattan Project determined by the Sec- sites and structures in the study area. ø(1) to the Forest Service for the recon- retary to be appropriate for inclusion in the (b) REPORT.—Not later than 2 years after the struction of the Sunnahae Trail $250,000; and study. date on which funds are made available to carry ø(2) such sums as are necessary to carry øSEC. 4. SPECIAL RESOURCE STUDY. out the study, the Secretary shall submit to out this Act.¿ ø Congress a report that describes the findings of (a) STUDY.— ––– SECTION 1. SHORT TITLE. ø the study and the conclusions and recommenda- (1) IN GENERAL.—The Secretary shall con- This Act may be cited as the ‘‘Craig Recre- tions of the Secretary. duct a special resource study of the study ation Land Purchase Act’’. area to assess the national significance, suit- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. SEC. 2. DEFINITIONS. ability, and feasibility of designating the There are authorized to be appropriated such In this Act: various historic sites and structures of the sums as are necessary to carry out this Act. (1) CITY.—The term ‘‘City’’ means the City of study area as a unit of the National Park The committee amendment in the Craig, Alaska. System in accordance with section 8(c) of nature of a substitute was agreed to. (2) SECRETARY.—The term ‘‘Secretary’’ means Public Law 91–383 (16 U.S.C. 1a–5(c)). The bill (S. 1687), as amended, was the Secretary of Agriculture. ø(2) ADMINISTRATION.—In conducting the study, the Secretary shall— read the third time and passed. SEC. 3. CONVEYANCE TO SECRETARY OF AGRI- CULTURE. ø(A) consult with the Secretary of Energy, f the Secretary of Defense, State, tribal, and (a) IN GENERAL.—If, not later than 180 days local officials, representatives of interested CRAIG RECREATION LAND after the date on which the City receives a copy organizations, and members of the public; PURCHASE ACT of the appraisal conducted under subsection (c), the City offers to convey to the Secretary all and The Senate proceeded to consider the ø(B) evaluate, in coordination with the right, title, and interest of the City in and to the Secretary of Energy and the Secretary of De- bill (S. 1778) to authorize a land con- parcels of non-Federal land described in sub- fense, the compatibility of designating the veyance between the United States and section (b), the Secretary, subject to the avail- study area, or 1 or more parts of the study the City of Craig, Alaska, and for other ability of appropriations, shall— (1) accept the offer; and area, as a national historical park or na- purposes, which had been reported from (2) on conveyance of the land to the Sec- tional historic site with maintaining secu- the Committee on Energy and Natural retary, pay to the City an amount equal to the rity, productivity and management goals of Resources, with an amendment to appraised value of the land, as determined the Department of Energy and the Depart- strike all after the enacting clause and under subsection (c). ment of Defense, and public health and safe- insert in lieu thereof the following: (b) DESCRIPTION OF LAND.—The non-Federal ty. land referred to in subsection (a) consists of— ø(b) REPORT.—Not later than 1 year after (Strike the part shown in black brackets (1) the municipal land identified on the map the date on which funds are made available and insert the part shown in italic.) entitled ‘‘Informational Map, Sunnahae Trail to carry out the study, the Secretary shall S. 1778 and Recreation Parcel and Craig Cannery Prop- submit to Congress a report that describes Be it enacted by the Senate and House of Rep- erty’’ and dated August 2003; the findings of the study and any conclusions resentatives of the United States of America in (2) lots 1 and 1A, Block 11–A, as identified on and recommendations of the Secretary. Congress assembled, the City of Craig Subdivision Plat, Craig Tide- ø SEC. 5. AUTHORIZATION OF APPROPRIATIONS. øSECTION 1. SHORT TITLE. land Addition, Patent # 155 (Inst. 69–982, Ketch- ø There are authorized to be appropriated øThis Act may be cited as the ‘‘Craig ikan Recording Office), dated April 21, 2004, such sums as are necessary to carry out this Recreation Land Purchase Act’’. consisting of approximately 22,353 square feet of Act.¿ øSEC. 2. AUTHORIZATION FOR CONVEYANCE. land; and SECTION 1. SHORT TITLE. øIf the City of Craig, Alaska, (‘‘City’’) (3) the portion of Beach Road eastward of a This Act may be cited as the ‘‘Manhattan tenders all right, title and interest of the projected line between the southwest corner of Project National Historical Park Study Act’’. City in and to the municipal lands identified lot 1, Block 11, USS 1430 and the northwest cor- SEC. 2. DEFINITIONS. on the map entitled ‘‘Informational Map, ner of lot 1, Block 11–A, as identified on the City In this Act: Sunnahae Trail and Recreation Parcel and of Craig Subdivision Plat, Craig Tideland Addi- (1) SECRETARY.—The term ‘‘Secretary’’ means Craig Cannery Property’’ and dated August tion, Patent # 155 (Inst. 69–982, Ketchikan Re- the Secretary of the Interior. 2003, to the Secretary of Agriculture (‘‘Sec- cording Office), dated April 21, 2004, consisting (2) STUDY.—The term ‘‘study’’ means the retary’’) within six months of the date the of approximately 4,700 square feet of land. study authorized by section 3(a). City receives the results of the appraisal (c) APPRAISALS.— (3) STUDY AREA.— conducted pursuant to section 4, the Sec- (1) IN GENERAL.—Before conveying the land (A) IN GENERAL.—The term ‘‘study area’’ retary shall accept such tender. under subsection (a), the Secretary shall— means the historically significant sites associ- ø (A) conduct an appraisal of the land, in ac- ated with the Manhattan Project. SEC. 3. ACQUISITION OF LAND BY THE CITY OF cordance with— CRAIG. (B) INCLUSIONS.—The term ‘‘study area’’ in- (i) the Uniform Appraisal Standards for Fed- ø(a) Funds received by the City under sec- cludes— eral Land Acquisitions; tion 2 shall be used by the City for the pur- (i) Los Alamos National Laboratory and (ii) the Uniform Standards of Professional Ap- chase of lands shown on the map entitled townsite in the State of New Mexico; praisal Practice; and (ii) the Hanford Site in the State of Wash- ‘‘Wards Cove Property,’’ dated March 24, (iii) Forest Service Appraisal Directives; and ington; and 1969. (B) submit to the City a copy of the appraisal. ø(b) The purchase of lands by the City (iii) Oak Ridge Reservation in the State of (2) PAYMENT OF COSTS.— Tennessee. under subsection (a) shall be for an amount (A) CITY.—The City shall pay the costs of ap- SEC. 3. SPECIAL RESOURCE STUDY. equal to the appraised value of the lands con- praising the land described in subsection (b)(1). (a) STUDY.— veyed to the Secretary by the City, except (B) SECRETARY.—The Secretary shall pay the (1) IN GENERAL.—The Secretary, in consulta- that the Secretary and the City may equal- costs of appraising the land described in para- tion with the Secretary of Energy, shall conduct ize the values by adjusting acreage or by graphs (2) and (3) of subsection (b). a special resource study of the study area to as- payments not to exceed $100,000. (d) MANAGEMENT.—Any land acquired under sess the national significance, suitability, and øSEC. 4. APPRAISAL. subsection (a) shall be— feasibility of designating 1 or more sites within øPrior to any conveyance, the Secretary (1) included in the Tongass National Forest; the study area as a unit of the National Park shall— and System in accordance with section 8(c) of Public ø(1) conduct an appraisal of the lands iden- (2) administered by the Secretary in accord- Law 91–383 (16 U.S.C. 1a–5(c)). tified for conveyance by the City, in accordance with the laws (including regulations) and (2) ADMINISTRATION.—In conducting the ance with and conforming to the most cur- forest plan applicable to the Tongass National study, the Secretary shall— rent versions of the Uniform Appraisal Forest.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.078 S15PT1 S9330 CONGRESSIONAL RECORD — SENATE September 15, 2004 SEC. 4. ACQUISITION OF LAND BY THE CITY OF Agriculture to exchange certain lands the non-Federal lands identified in sub- CRAIG. in the Arapaho and Roosevelt National section (a)(1)(B) shall be considered a dona- The amount received by the City under sec- Forests in the State of Colorado, which tion for all purposes of law. tion 3(a)(2) shall be used by the City to acquire ø had been reported from the Committee (2) SURPLUS OF NON-FEDERAL VALUE.—If the Craig cannery property, as depicted on the the final appraised value, as approved by the map entitled ‘‘Informational Map, Sunnahae on Energy and Natural Resources, with Secretary, of the non-Federal lands identi- Trail and Recreation Parcel and Craig Cannery an amendment to strike all after the fied in subsection (a)(1)(A) exceeds the final Property’’ and dated August 2003. enacting clause and insert in lieu appraised value, as approved by the Sec- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. thereof the following: retary, of the Federal land identified in sub- There are authorized to be appropriated— (Strike the part shown in black brackets section (b), the values may be equalized— (1) to the Forest Service for the reconstruction and insert the part shown in italic.) ø(A) by reducing the acreage of the non- of the Sunnahae Trail, $250,000; and S. 2180 Federal lands identified in subsection (a) to be conveyed, as determined appropriate and (2) such sums as are necessary to carry out Be it enacted by the Senate and House of Rep- acceptable by the Secretary and the City; this Act. resentatives of the United States of America in ø(B) the making of a cash equalization pay- The committee amendment in the Congress assembled, ment to the City, including a cash equali- nature of a substitute was agreed to. ø SECTION 1. SHORT TITLE. zation payment in excess of the amount au- The bill (S. 1778), as amended, was øThis Act may be cited as the ‘‘Arapaho thorized by section 206(b) of the Federal and Roosevelt National Forests Land Ex- read the third time and passed. Land Policy and Management Act of 1976 (43 change Act of 2004’’. f U.S.C. 1716(b)); or ø SEC. 2. LAND EXCHANGE, ARAPAHO AND ROO- ø(C) a combination of acreage reduction LEASE LOT CONVEYANCE ACT OF SEVELT NATIONAL FORESTS, COLO- RADO. and cash equalization. 2002 AMENDMENTS ø(3) SURPLUS OF FEDERAL VALUE.—If the ø(a) CONVEYANCE BY THE CITY OF GOLDEN.— final appraised value, as approved by the The bill (S. 1791) to amend the Lease ø(1) LANDS DESCRIBED.—The land exchange Lot Conveyance Act of 2002 to provide directed by this section shall proceed if, Secretary, of the Federal land identified in that the amounts received by the within 30 days after the date of the enact- subsection (b) exceeds the final appraised United States under that Act shall be ment of this Act, the City of Golden, Colo- value, as approved by the Secretary, of the non-Federal lands identified in subsection deposited in the reclamation fund, and rado (in the section referred to as the ‘‘City’’), offers to convey title acceptable to (a)(1)(A), the Secretary shall prepare a state- for other purposes, was considered, or- ment of value for the non-Federal lands iden- dered to be engrossed for a third read- the United States to the following non-Fed- eral lands: tified in subsection (a)(1)(B) and utilize such ing, read the third time, and passed, as ø(A) Certain lands located near the com- value to the extent necessary to equalize the follows: munity of Evergreen in Park County, Colo- values of the non-Federal lands identified in S. 1791 rado, comprising approximately 80 acres, as subsection (a)(1)(A) and the Federal land identified in subsection (b). If the Secretary Be it enacted by the Senate and House of Rep- generally depicted on a map entitled ‘‘Non- Federal Lands—Cub Creek Parcel’’, dated declines to accept the non-Federal lands resentatives of the United States of America in identified in subsection (a)(1)(B) for any rea- Congress assembled, June, 2003. ø(B) Certain lands located near Argentine son, the City shall make a cash equalization SECTION 1. LEASE LOT CONVEYANCE. Pass in Clear Creek and Summit Counties, payment to the Secretary as necessary to Section 4(b) of the Lease Lot Conveyance Colorado, comprising approximately 55.909 equalize the values of the non-Federal lands Act of 2002 (116 Stat. 2879) is amended— acres in 14 patented mining claims, as gen- identified in subsection (a)(1)(A) and the (1) by striking ‘‘As consideration’’ and in- erally depicted on a map entitled ‘‘Argentine Federal land identified in subsection (b). serting the following: ø(d) EXCHANGE COSTS.—To expedite the Pass/Continental Divide Trail Lands’’, dated ‘‘(1) IN GENERAL.—As consideration’’; and land exchange under this section and save September 2003. (2) by adding at the end the following: administrative costs to the United States, ø(2) CONDITIONS OF CONVEYANCE.—The con- ‘‘(2) USE.—Amounts received under para- the City shall be required to pay for— veyance of lands under paragraph (1)(B) to graph (1) shall be— ø(1) any necessary land surveys; and the United States shall be subject to the ab- ‘‘(A) deposited by the Secretary, on behalf ø(2) the costs of the appraisals, which shall solute right of the City to permanently enter of the Rio Grande Project, in the reclama- be performed in accordance with Forest upon, utilize, and occupy so much of the sur- tion fund established under the first section Service policy on approval of the appraiser face and subsurface of the lands as may be of the Act of June 17, 1902 (43 U.S.C. 391); and and the issuance of appraisal instructions. reasonably necessary to access, maintain, re- ‘‘(B) made immediately available to the Ir- ø(e) TIMING AND INTERIM AUTHORIZATION.— pair, modify, make improvements in, or oth- rigation Districts, to be credited in accord- It is the intent of Congress that the land ex- erwise utilize the Vidler Tunnel to the same ance with section 4(I) of the Act of December change directed by this Act shall be com- extent that the City would have had such 5, 1924 (43 U.S.C. 501).’’. pleted no later than 120 days after the date right if the lands had not been conveyed to of the enactment of this Act. Pending com- f the United States and remained in City own- pletion of the land exchange, the City is au- JOHNSTOWN FLOOD NATIONAL ME- ership. The exercise of such right shall not thorized, effective on the date of the enact- MORIAL BOUNDARY ADJUST- require the City to secure any permit or ment of this Act, to construct a water pipe- other advance approval from the United MENT ACT OF 2003 line on or near the existing course of the States. Upon acquisition by the United Lindstrom ditch through the Federal land The bill (H.R. 1521) to provide for ad- States, such lands are hereby permanently identified in subsection (b) without further ditional lands to be included within the withdrawn from all forms of entry and ap- action or authorization by the Secretary, ex- boundary of the Johnstown Flood Na- propriation under the public land laws, in- cept that, prior to initiating any such con- tional Memorial in the State of Penn- cluding the mining and mineral leasing laws, struction, the City shall execute and convey and the Geothermal Steam Act of 1970 (30 sylvania, and for other purposes, was to the Secretary a legal document that per- U.S.C. 1001 et seq.). manently holds the United States harmless considered, ordered to a third reading, ø(b) CONVEYANCE BY UNITED STATES.—Upon for any and all liability arising from the con- read the third time, and passed. receipt of acceptable title to the non-Federal struction of such water pipeline and indem- f lands identified in subsection (a), the Sec- nifies the United States against all costs retary of Agriculture shall simultaneously arising from the United States’ ownership of EXTENSION OF THE TERM OF FOR- convey to the City all right, title and inter- the Federal land, and any actions, operations EST COUNTIES PAYMENTS COM- est of the United States in and to certain or other acts of the City or its licensees, em- MITTEES Federal lands, comprising approximately 9.84 ployees, or agents in constructing such acres, as generally depicted on a map enti- The bill (H.R. 3249) to extend the water pipeline or engaging in other acts on tled ‘‘Empire Federal Lands—Parcel 12’’, the Federal land prior to its transfer to the term of the Forest Counties Payments dated June 2003. City. Such encumbrance on the Federal land Committee, was considered, ordered to ø(c) EQUAL VALUE EXCHANGE.— prior to conveyance shall not be considered a third reading, read the third time, ø(1) APPRAISAL.—The values of the Federal for purposes of the appraisal. and passed. lands identified in subsection (b) and the ø(f) ALTERNATIVE SALE AUTHORITY.—If the non-Federal lands identified in subsection land exchange is not completed for any rea- f (a)(1)(A) shall be determined by the Sec- son, the Secretary is hereby authorized and ARAPAHO AND ROOSEVELT NA- retary through appraisals performed in ac- directed to sell the Federal land identified in TIONAL FORESTS LAND EX- cordance with the Uniform Appraisal Stand- subsection (b) to the City at its final ap- CHANGE ACT OF 2004 ards for Federal Land Acquisitions (Decem- praised value, as approved by the Secretary. ber 20, 2000) and the Uniform Standards of Any money received by the United States in The Senate proceeded to consider the Professional Appraisal Practice. Except as such sale shall be considered money received bill (S. 2180) to direct the Secretary of provided in paragraph (3), the conveyance of and deposited pursuant to Public Law 90–171

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(16 U.S.C. 484(a); commonly known as the of the surface and subsurface of the land as rea- (d) EXCHANGE COSTS.—The City shall pay ‘‘Sisk Act’’, and may be used, without fur- sonably is necessary to access, maintain, mod- for— ther appropriation, for the acquisition of ify, or otherwise use the Vidler Tunnel to the (1) any necessary land surveys; and lands for addition to the National Forest same extent that the City would have had that (2) the costs of the appraisals, on approval of System in the State of Colorado. right if the land had not been conveyed to the the appraiser and the issuance of appraisal in- ø(g) INCORPORATION, MANAGEMENT, AND Secretary and remained in City ownership. structions. STATUS OF ACQUIRED LANDS.—Land acquired (B) ADVANCE APPROVAL.—The exercise of that by the United States under the land ex- right shall not require the City to secure any (e) TIMING AND INTERIM AUTHORIZATION.— change shall become part of the Arapaho and permit or other advance approval from the (1) TIMING.—It is the intent of Congress that Roosevelt National Forests, and the exterior United States except to the extent that the City the land exchange directed by this Act shall be boundary of such forest is hereby modified, would have been required had the land not been completed not later than 180 days after the date without further action by the Secretary, as conveyed to the Secretary and remained in City of enactment of this Act. necessary to incorporate the non-Federal ownership. (2) INTERIM AUTHORIZATION.—Pending com- lands identified in subsection (a) and an ad- (C) WITHDRAWAL.—On acquisition by the Sec- pletion of the land exchange, not later than 45 ditional 40 acres as depicted on a map enti- retary, the land is permanently withdrawn from days after the date of enactment of this Act, tled ‘‘Arapaho and Roosevelt National For- all forms of entry and appropriation under the subject to applicable law, the Secretary shall est Boundary Adjustment—Cub Creek’’, public land laws (including the mining and min- authorize the City to construct approximately dated June 2003. Upon their acquisition, eral leasing laws) and the Geothermal Steam Act 140 feet of water pipeline on or near the existing lands or interests in land acquired under the of 1970 (30 U.S.C. 1001 et seq.). course of the Lindstrom ditch through the Fed- authority of this Act shall be administered (b) FEDERAL LAND DESCRIBED.—On receipt of eral land identified in subsection (b). in accordance with the laws, rules and regu- title to the non-Federal land identified in sub- (f) ALTERNATIVE SALE AUTHORITY.— lations generally applicable to the National section (a) that is acceptable to the Secretary, Forest System. For purposes of Section 7 of the Secretary shall simultaneously convey to the (1) IN GENERAL.—If the land exchange is not the Land and Water Conservation Fund Act City all right, title, and interest of the United completed for any reason, the Secretary shall of 1965 (16 U.S.C. 460l–9), the boundaries of States in and to certain Federal land, com- sell the Federal land identified in subsection (b) the Arapaho and Roosevelt National Forests, prising approximately 9.84 acres, as generally to the City at the final appraised value of the as adjusted by this subsection shall be depicted on the map entitled ‘‘Empire Federal land, as approved by the Secretary. deemed to be the boundaries of such forest as Lands—Parcel 12’’, dated June 2003. (2) SISK ACT.—Public Law 90–171 (commonly of January 1, 1965. (c) EQUAL VALUE EXCHANGE.— known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) shall, ø(h) TECHNICAL CORRECTIONS.—The Sec- (1) APPRAISAL.— without further appropriation, apply to any retary, with the agreement of the City, may (A) IN GENERAL.—The values of the Federal cash equalization payment received by the make technical corrections or correct cler- land identified in subsection (b) and the non- United States under this section. ical errors in the maps referred to in this Federal land identified in subsection (a)(1)(A) (g) INCORPORATION, MANAGEMENT, AND STA- section or adjust the boundaries of the Fed- shall be determined by the Secretary through TUS OF ACQUIRED LAND.— eral lands to leave the United States with a appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land (1) INCORPORATION.—Land acquired by the manageable post-exchange or sale boundary. United States under the land exchange shall be- In the event of any discrepancy between a Acquisitions and the Uniform Standards of Pro- fessional Appraisal Practice. come part of the Arapaho and Roosevelt Na- map, acreage estimate, or legal description, tional Forests. the map shall prevail unless the Secretary (B) DONATION.—Except as provided in para- (2) BOUNDARY.—The exterior boundary of the and the City agree otherwise. graph (3), the conveyance of the non-Federal Forests is modified, without further action by ø(i) REVOCATION OF ORDERS AND WITH- land identified in subsection (a)(1)(B) shall be the Secretary, as necessary to incorporate— DRAWAL.—Any public orders withdrawing considered a donation for all purposes of law. any of the Federal lands identified in sub- (2) SURPLUS OF NON-FEDERAL VALUE.—If the (A) the non-Federal land identified in subsection (b) from appropriation or disposal final appraised value (as approved by the Sec- section (a); and under the public land laws are hereby re- retary) of the non-Federal land identified in (B) approximately an additional 80 acres as voked to the extent necessary to permit dis- subsection (a)(1)(A) exceeds the final appraised depicted on the map entitled ‘‘Arapaho and posal of the Federal lands. Upon the enact- value (as approved by the Secretary) of the Fed- Roosevelt National Forest Boundary Adjust- ment of this Act, if not already withdrawn or eral land identified in subsection (b), the values ment—Cub Creek’’, dated June 2003. segregated from the entry and appropriation may be equalized by— (A) reducing the acreage of the non-Federal (3) ADMINISTRATION.—On acquisition, land or under the public land laws, including the land identified in subsection (a)(1)(A) to be con- interests in land acquired under this section mining and mineral leasing laws and the veyed, as determined appropriate and accept- shall be administered in accordance with the Geothermal Steam Act of 1970 (30 U.S.C. 1001 able by the Secretary and the City; laws (including rules and regulations) generally et seq.), the Federal lands are hereby with- (B) making a cash equalization payment to applicable to the National Forest System. drawn until the date of their conveyance to the City, including a cash equalization payment (4) LAND AND WATER CONSERVATION FUND.— the City.¿ in excess of the amount authorized by section For purposes of section 7 of the Land and Water SECTION 1. SHORT TITLE. 206(b) of the Federal Land Policy and Manage- Conservation Fund Act of 1965 (16 U.S.C. 460l– This Act may be cited as the ‘‘Arapaho and ment Act of 1976 (43 U.S.C. 1716(b)); or 9), the boundaries of the Arapaho and Roosevelt Roosevelt National Forests Land Exchange Act (C) a combination of acreage reduction and National Forests (as adjusted by this subsection) of 2004’’. cash equalization. shall be deemed to be the boundaries of the For- SEC. 2. LAND EXCHANGE, ARAPAHO AND ROO- (3) SURPLUS OF FEDERAL VALUE.— ests as of January 1, 1965. SEVELT NATIONAL FORESTS, COLO- (A) APPRAISAL.—If the final appraised value (h) TECHNICAL CORRECTIONS.—The Secretary, RADO. (as approved by the Secretary) of the Federal with the agreement of the City, may make tech- (a) CONVEYANCE BY CITY OF GOLDEN.— land identified in subsection (b) exceeds the nical corrections or correct clerical errors in the (1) NON-FEDERAL LAND DESCRIBED.—The land final appraised value (as approved by the Sec- maps referred to in this section. exchange directed by this section shall proceed retary) of the non-Federal land identified in (i) REVOCATION OF ORDERS AND WITH- if, not later than 30 days after the date of enact- subsection (a)(1)(A), the Secretary shall— DRAWAL.— ment of this Act, the City of Golden, Colorado (i) conduct an appraisal in accordance with (referred to in this section as the ‘‘City’’), offers the Uniform Appraisal Standards for Federal (1) REVOCATION OF ORDERS.—Any public or- to convey title acceptable to the Secretary of Ag- Land Acquisitions and the Uniform Standards ders withdrawing any of the Federal land iden- riculture (referred to in this section as the ‘‘Sec- of Professional Appraisal Practice for the non- tified in subsection (b) from appropriation or retary’’) to the following non-Federal land: Federal land to be conveyed pursuant to sub- disposal under the public land laws are revoked (A) Certain land located near the community section (a)(1)(B); and to the extent necessary to permit disposal of the of Evergreen in Park County, Colorado, com- (ii) use the value to the extent necessary to Federal land. prising approximately 80 acres, as generally de- equalize the values of the non-Federal land (2) WITHDRAWAL.—On the date of enactment picted on the map entitled ‘‘Non-Federal identified in subsection (a)(1)(A) and the Fed- of this Act, if not already withdrawn or seg- Lands—Cub Creek Parcel’’, dated June 2003. eral land identified in subsection (b). regated from entry and appropriation under the (B) Certain land located near Argentine Pass (B) CASH EQUALIZATION PAYMENT.—If the Sec- public land laws (including the mining and min- in Clear Creek and Summit Counties, Colorado, retary declines to accept the non-Federal land eral leasing laws) and the Geothermal Steam Act comprising approximately 55.909 acres, as gen- identified in subsection (a)(1)(B) for any reason of 1970 (30 U.S.C. 1001 et seq.), the Federal land erally depicted on the map entitled ‘‘Argentine or if the value of the Federal land described in identified in subsection (b) is withdrawn until Pass/Continental Divide Trail Lands’’, dated subsection (b) exceeds the value of all of the the date of the conveyance of the Federal land September 2003. non-Federal land described in subsection (a)(1), to the City. (2) CONDITIONS OF CONVEYANCE.— the City may make a cash equalization payment The committee amendment in the (A) VIDLER TUNNEL.—The conveyance of land to the Secretary, including a cash equalization nature of a substitute was agreed to. under paragraph (1)(B) to the Secretary shall be payment in excess of the amount authorized by subject to the continuing right of the City to section 206(b) of the Federal Land Policy and The bill (S. 2180), as amended, was permanently enter on, use, and occupy so much Management Act of 1976 (43 U.S.C. 1716(b)). read the third time and passed.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.095 S15PT1 S9332 CONGRESSIONAL RECORD — SENATE September 15, 2004 EXTENSION OF THE DEADLINE the Committee on Energy and Natural ø(12) Five National Park Service and Day- FOR CONSTRUCTION TO COM- Resources, with an amendment to ton Aviation Heritage Commission studies MENCE ON A HYDROELECTRIC strike all after the enacting clause and and planning documents ‘‘Study of Alter- insert in lieu thereof the following: natives: Dayton’s Aviation Heritage’’, ‘‘Day- PROJECT IN ALASKA ton Aviation Heritage National Historical The bill (S. 2243) to extend the dead- (Strike the part shown in black brackets Park Suitability/Feasibility Study’’, ‘‘Day- and insert the part shown in italic.) line for commencement of construction ton Aviation Heritage General Management S. 180 of a hydroelectric project in the State Plan’’, ‘‘Dayton Historic Resources Preserva- of Alaska, was considered, read the Be it enacted by the Senate and House of Rep- tion and Development Plan’’, and Heritage resentatives of the United States of America in Area Concept Study (in progress) dem- third time, and passed, as follows: Congress assembled, onstrated that sufficient historical resources S. 2243 øTITLE I—NATIONAL AVIATION HERITAGE exist to establish the National Aviation Her- Be it enacted by the Senate and House of Rep- AREA itage Area. ø resentatives of the United States of America in øSECTION 101. SHORT TITLE. (13) With the advent of the 100th anniver- Congress assembled, øThis title may be cited as the ‘‘National sary of the first powered flight in 2003, it is SECTION 1. EXTENSION OF TIME FOR FEDERAL Aviation Heritage Area Act’’. recognized that the preservation of prop- ENERGY REGULATORY COMMISSION øSEC. 102. FINDINGS AND PURPOSE. erties nationally significant in the history of PROJECT. ø(a) FINDINGS.—Congress finds the fol- aviation is an important goal for the future Notwithstanding the time period specified lowing: education of Americans. ø in section 13 of the Federal Power Act (16 ø(1) Few technological advances have (14) Local governments, the State of Ohio, U.S.C. 806) that would otherwise apply to the transformed the world or our Nation’s econ- and private sector interests have embraced Federal Energy Regulatory Commission omy, society, culture, and national char- the heritage area concept and desire to enter project numbered 11480, the Commission acter as the development of powered flight. into a partnership with the Federal Govern- may, at the request of the licensee for the ø(2) The industrial, cultural, and natural ment to preserve, protect, and develop the project, and after reasonable notice, in ac- heritage legacies of the aviation and aero- Heritage Area for public benefit. ø cordance with the good faith, due diligence, space industry in the State of Ohio are na- (15) The National Aviation Heritage Area and public interest requirements of that sec- tionally significant. would complement and enhance the aviation and the Commission’s procedures under ø(3) Dayton, Ohio, and other defined areas tion-related resources within the National that section extend the time period during where the development of the airplane and Park Service, especially the Dayton Avia- which the licensee is required to commence aerospace technology established our Na- tion Heritage National Historical Park, the construction of the project for 3 consecu- tion’s leadership in both civil and military Ohio. ø(b) PURPOSE.—The purpose of this title is tive 2-year periods beyond the date that is 4 aeronautics and astronautics set the founda- to establish the Heritage Area to— years after the date of issuance of the li- tion for the 20th Century to be an American ø(1) encourage and facilitate collaboration cense. Century. among the facilities, sites, organizations, ø(4) Wright-Patterson Air Force Base in f governmental entities, and educational in- Dayton, Ohio, is the birthplace, the home, stitutions within the Heritage Area to pro- and an integral part of the future of aero- CARPINTERIA AND MONTECITO mote heritage tourism and to develop edu- space. WATER DISTRIBUTION SYSTEMS cational and cultural programs for the pub- ø(5) The economic strength of our Nation is CONVEYANCE OF 2003 lic; connected integrally to the vitality of the ø(2) preserve and interpret for the edu- The bill (H.R. 1648), to authorize the aviation and aerospace industry, which is re- cational and inspirational benefit of present sponsible for an estimated 11,200,000 Amer- Secretary of the Interior to convey cer- and future generations the unique and sig- ican jobs. tain water distribution systems of the nificant contributions to our national herit- ø(6) The industrial and cultural heritage of Cachuma Project, California, to the age of certain historic and cultural lands, the aviation and aerospace industry in the structures, facilities, and sites within the Carpinteria Valley Water District and State of Ohio includes the social history and National Aviation Heritage Area; the Montecito Water District, was con- living cultural traditions of several genera- ø(3) encourage within the National Avia- sidered, ordered to a third reading, tions. tion Heritage Area a broad range of eco- read the third time, and passed. ø(7) The Department of the Interior is re- nomic opportunities enhancing the quality sponsible for protecting and interpreting the f of life for present and future generations; Nation’s cultural and historic resources, and ø(4) provide a management framework to there are significant examples of these re- WILLIAMSON COUNTY WATER assist the State of Ohio, its political subdivi- sources within Ohio to merit the involve- RECYCLING ACT OF 2003 sions, other areas, and private organizations, ment of the Federal Government to develop or combinations thereof, in preparing and The bill (H.R. 1732), to amend the programs and projects in cooperation with implementing an integrated Management Reclamation Wastewater and Ground- the Aviation Heritage Foundation, Incor- Plan to conserve their aviation heritage and water Study and Facilities Act to au- porated, the State of Ohio, and other local in developing policies and programs that will thorize the Secretary of the Interior to and governmental entities to adequately conserve, protect, and interpret this heritage preserve, enhance, and interpret the cul- participate in the Williamson County, tural, historical, natural, recreation, and Texas, Water Recycling and Reuse for the educational and recreational benefit of this and future generations of Americans, scenic resources of the Heritage Area; and ø Project, and for other purposes, was while providing opportunities for education (5) authorize the Secretary to provide fi- considered, ordered to a third reading, and revitalization. nancial and technical assistance to the State read the third time, and passed. ø(8) Since the enactment of the Dayton of Ohio, its political subdivisions, and private organizations, or combinations thereof, f Aviation Heritage Preservation Act of 1992 (Public Law 102–419), partnerships among the in preparing and implementing the private AMENDMENT TO THE RECLAMA- Federal, State, and local governments and Management Plan. TION PROJECT AUTHORIZATION the private sector have greatly assisted the øSEC. 103. DEFINITIONS. ø ACT OF 1972 development and preservation of the historic For purposes of this title: aviation resources in the Miami Valley. ø(1) BOARD.—The term ‘‘Board’’ means the The bill (H.R. 3209), to amend the ø(9) An aviation heritage area centered in Board of Directors of the Foundation. Reclamation Project Authorization Southwest Ohio is a suitable and feasible ø(2) FINANCIAL ASSISTANCE.—The term ‘‘fi- Act of 1972 to clarify the acreage for management option to increase collabora- nancial assistance’’ means funds appro- which the North Loup division is au- tion, promote heritage tourism, and build on priated by Congress and made available to thorized to provide irrigation water the established partnerships among Ohio’s the management entity for the purpose of preparing and implementing the Manage- under the Missouri River Basin project historic aviation resources and related sites. ø(10) A critical level of collaboration ment Plan. was considered, ordered to a third read- among the historic aviation resources in ø(3) HERITAGE AREA.—The term ‘‘Heritage ing, read the third time, and passed. Southwest Ohio cannot be achieved without Area’’ means the National Aviation Heritage f a congressionally established national herit- Area established by section 4 to receive, dis- age area and the support of the National tribute, and account for Federal funds appro- NATIONAL AVIATION HERITAGE Park Service and other Federal agencies priated for the purpose of this title. AREA ACT which own significant historic aviation-re- ø(4) MANAGEMENT PLAN.—The term ‘‘Man- lated sites in Ohio. agement Plan’’ means the management plan The Senate proceeded to consider the ø(11) The Aviation Heritage Foundation, for the Heritage Area developed under sec- bill (S. 180) to establish the National Incorporated, would be an appropriate man- tion 106. Aviation Heritage Area, and for other agement entity to oversee the development ø(5) MANAGEMENT ENTITY.—The term purposes, which had been reported from of the National Aviation Heritage Area. ‘‘management entity’’ means the Aviation

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.081 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9333 Heritage Foundation, Incorporated (a non- ø(D) restoring historic buildings that re- ø(7) A description and evaluation of the profit corporation established under the laws late to the purposes of the Heritage Area; management entity, including its member- of the State of Ohio). ø(7) assist units of government and non- ship and organizational structure. ø(6) PARTNER.—The term ‘‘partner’’ means profit organizations to ensure that clear, ø(c) DISQUALIFICATION FROM FUNDING.—If a a Federal, State, or local governmental enti- consistent, and environmentally appropriate proposed Management Plan is not submitted ty, organization, private industry, edu- signs identifying access points and sites of to the Secretary within 3 years of the date of cational institution, or individual involved interest are placed throughout the Heritage the enactment of this Act, the management in promoting the conservation and preserva- Area; entity shall be ineligible to receive addition of the cultural and natural resources of ø(8) conduct public meetings at least quar- tional funding under this Act until the date the Heritage Area. terly regarding the implementation of the on which the Secretary receives the proposed ø(7) SECRETARY.—The term ‘‘Secretary’’ Management Plan; Management Plan. means the Secretary of the Interior. ø(9) submit substantial amendments to the ø(d) APPROVAL AND DISAPPROVAL OF MAN- ø(8) TECHNICAL ASSISTANCE.—The term Management Plan to the Secretary for the AGEMENT PLAN.—The Secretary, in consulta- ‘‘technical assistance’’ means any guidance, approval of the Secretary; and tion with the State of Ohio, shall approve or advice, help, or aid, other than financial as- ø(10) for any year in which Federal funds disapprove the proposed Management Plan sistance, provided by the Secretary. have been received under this Act— submitted under this Act not later than 90 øSEC. 104. NATIONAL AVIATION HERITAGE AREA. ø(A) submit an annual report to the Sec- days after receiving such proposed Manage- ø(a) ESTABLISHMENT.—There is established retary that sets forth the accomplishments ment Plan. ø in the States of Ohio and Indiana, the Na- of the management entity and its expenses (e) ACTION FOLLOWING DISAPPROVAL.—If tional Aviation Heritage Area. and income; the Secretary disapproves a proposed Man- ø(b) BOUNDARIES.—The Heritage Area shall ø(B) make available to the Secretary for agement Plan, the Secretary shall advise the include the following: audit all records relating to the expenditure management entity in writing of the reasons ø(1) A core area consisting of resources in of such funds and any matching funds; and for the disapproval and shall make rec- Montgomery, Greene, Warren, Miami, Clark, ø(C) require, with respect to all agreements ommendations for revisions to the proposed and Champaign Counties in Ohio. authorizing expenditure of Federal funds by Management Plan. The Secretary shall ap- ø(2) The Neil Armstrong Air & Space Mu- other organizations, that the receiving orga- prove or disapprove a proposed revision with- seum, Wapakoneta, Ohio, and the Wilbur nizations make available to the Secretary in 90 days after the date it is submitted. ø Wright Birthplace and Museum, Millville, In- for audit all records concerning the expendi- (f) APPROVAL OF AMENDMENTS.—The Sec- diana. ture of such funds. retary shall review and approve substantial amendments to the Management Plan. ø(3) Sites, buildings, and districts within ø (c) USE OF FEDERAL FUNDS.— Funds appropriated under this Act may not the core area recommended by the Manage- ø (1) IN GENERAL.—The management entity be expended to implement any changes made ment Plan. shall not use Federal funds received under ø(c) MAP.—A map of the Heritage Area by such amendment until the Secretary ap- this Act to acquire real property or an inter- shall be included in the Management Plan. proves the amendment. est in real property. The map shall be on file in the appropriate øSEC. 107. TECHNICAL AND FINANCIAL ASSIST- ø(2) OTHER SOURCES.—Nothing in this Act offices of the National Park Service, Depart- ANCE; OTHER FEDERAL AGENCIES. ment of the Interior. precludes the management entity from using ø(a) TECHNICAL AND FINANCIAL ASSIST- ø(d) MANAGEMENT ENTITY.—The manage- Federal funds from other sources for author- ANCE.—Upon the request of the management ment entity for the Heritage Area shall be ized purposes. entity, the Secretary may provide technical the Aviation Heritage Foundation. øSEC. 106. MANAGEMENT PLAN. assistance, on a reimbursable or non- øSEC. 105. AUTHORITIES AND DUTIES OF THE reimbursable basis, and financial assistance ø(a) PREPARATION OF PLAN.—Not later than MANAGEMENT ENTITY. 3 years after the date of enactment of this to the Heritage Area to develop and imple- ø(a) AUTHORITIES.—For purposes of implement the Management Plan. The Secretary menting the Management Plan, the manage- Act, the management entity shall submit to the Secretary for approval a proposed Man- is authorized to enter into cooperative agreement entity may use Federal funds made ments with the management entity and available through this Act to— agement Plan that shall take into consideration State and local plans and involve resi- other public or private entities for this pur- ø(1) make grants to, and enter into cooper- pose. In assisting the Heritage Area, the Sec- ative agreements with, the State of Ohio and dents, public agencies, and private organizations in the Heritage Area. retary shall give priority to actions that in political subdivisions of that State, private general assist in— ø organizations, or any person; (b) CONTENTS.—The Management Plan ø(1) conserving the significant natural, his- ø(2) hire and compensate staff; and shall incorporate an integrated and coopera- toric, cultural, and scenic resources of the ø(3) enter into contracts for goods and tive approach for the protection, enhance- Heritage Area; and services. ment, and interpretation of the natural, cul- ø(2) providing educational, interpretive, ø(b) DUTIES.— The management entity tural, historic, scenic, and recreational re- and recreational opportunities consistent shall— sources of the Heritage Area and shall in- with the purposes of the Heritage Area. ø(1) develop and submit to the Secretary clude the following: ø(b) DUTIES OF OTHER FEDERAL AGENCIES.— for approval the proposed Management Plan ø(1) An inventory of the resources con- Any Federal agency conducting or sup- in accordance with section 106; tained in the core area of the Heritage Area, porting activities directly affecting the Her- ø(2) give priority to implementing actions including the Dayton Aviation Heritage His- itage Area shall— set forth in the Management Plan, including torical Park, the sites, buildings, and dis- ø(1) consult with the Secretary and the taking steps to assist units of government tricts listed in section 202 of the Dayton management entity with respect to such ac- and nonprofit organizations in preserving re- Aviation Heritage Preservation Act of 1992 tivities; sources within the Heritage Area and en- (Public Law 102–419), and any other property ø(2) cooperate with the Secretary and the couraging local governments to adopt land in the Heritage Area that is related to the management entity in carrying out their du- use policies consistent with the management themes of the Heritage Area and that should ties under this Act; of the Heritage Area and the goals of the be preserved, restored, managed, or main- ø(3) to the maximum extent practicable, Management Plan; tained because of its significance. coordinate such activities with the carrying ø(3) consider the interests of diverse gov- ø(2) An assessment of cultural landscapes out of such duties; and ernmental, business, and nonprofit groups within the Heritage Area. ø(4) to the maximum extent practicable, within the Heritage Area in developing and ø(3) Provisions for the protection, interpre- conduct or support such activities in a man- implementing the Management Plan; tation, and enjoyment of the resources of the ner which the management entity deter- ø(4) maintain a collaboration among the Heritage Area consistent with the purposes mines will not have an adverse effect on the partners to promote heritage tourism and to of this Act. Heritage Area. ø assist partners to develop educational and (4) An interpretation plan for the Herit- øSEC. 108. COORDINATION BETWEEN THE SEC- cultural programs for the public; age Area. RETARY AND THE SECRETARY OF ø(5) encourage economic viability in the ø(5) A program for implementation of the DEFENSE AND THE ADMINISTRATOR Heritage Area consistent with the goals of Management Plan by the management enti- OF NASA. the Management Plan; ty, including the following: øThe decisions concerning the execution of ø(6) assist units of government and non- ø(A) Facilitating ongoing collaboration this title as it applies to properties under the profit organizations in— among the partners to promote heritage control of the Secretary of Defense and the ø(A) establishing and maintaining inter- tourism and to develop educational and cul- Administrator of the National Aeronautics pretive exhibits in the Heritage Area; tural programs for the public. and Space Administration shall be made by ø(B) developing recreational resources in ø(B) Assisting partners planning for res- such Secretary or such Administrator, in the Heritage Area; toration and construction. consultation with the Secretary of the Inte- ø(C) increasing public awareness of and ap- ø(C) Specific commitments of the partners rior. preciation for the historical, natural, and ar- for the first 5 years of operation. øSEC. 109. AUTHORIZATION OF APPROPRIATIONS. chitectural resources and sites in the Herit- ø(6) The identification of sources of fund- ø(a) IN GENERAL.—To carry out this title age Area; and ing for implementing the plan. there is authorized to be appropriated

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.084 S15PT1 S9334 CONGRESSIONAL RECORD — SENATE September 15, 2004 $10,000,000, except that not more than preservation of the cultural and natural re- (A) the membership of the management entity; $1,000,000 may be appropriated to carry out sources of the Heritage Area. and this title for any fiscal year. (5) SECRETARY.—The term ‘‘Secretary’’ means (B) the organizational structure of the man- ø(b) 50 PERCENT MATCH.—The Federal share the Secretary of the Interior. agement entity. of the cost of activities carried out using any SEC. 103. NATIONAL AVIATION HERITAGE AREA. (c) FAILURE TO SUBMIT.—If the management assistance or grant under this title shall not (a) ESTABLISHMENT.—There is established in entity fails to submit the management plan by exceed 50 percent. the States of Ohio and Indiana the National the date described in subsection (a), the Sec- øSEC. 110. SUNSET PROVISION. Aviation Heritage Area. retary shall not provide any additional funding øThe authority of the Secretary to provide (b) BOUNDARIES.— under this title to the management entity until assistance under this title terminates on the (1) IN GENERAL.—The Heritage Area shall in- the date on which the management entity sub- date that is 15 years after the date of enact- clude— mits a management plan to the Secretary. ment of this title. (A) a core area consisting of resources in (d) APPROVAL AND DISAPPROVAL OF MANAGE- øTITLE II—WRIGHT COMPANY FACTORY Montgomery, Greene, Warren, Miami, Clark, MENT PLANS.— STUDY Shelby, Auglaize, and Champaign Counties in (1) IN GENERAL.—Not later than 90 days after the State of Ohio; the date of the receipt of the management plan ø SEC. 201. STUDY. (B) the Neil Armstrong Air & Space Museum, under subsection (a), the Secretary, in consulta- ø (a) IN GENERAL.—The Secretary shall con- Wapakoneta, Ohio; tion with the State of Ohio, shall approve or duct a special resource study updating the (C) the Wilbur Wright Birthplace and Mu- disapprove the plan. study required under section 104 of the Day- seum, Millville, Indiana; and (2) DISAPPROVAL AND REVISION.—If the Sec- ton Aviation Heritage Preservation Act of (D) any sites, buildings, and districts within retary disapproves a management plan under 1992 (Public Law 102–419) and detailing alter- the core area described in subparagraph (A) paragraph (1), the Secretary shall— natives for incorporating the Wright Com- that are recommended for inclusion in the Herit- (A) advise the management entity in writing pany factory as a unit of Dayton Aviation age Area in the management plan. of the reasons for the disapproval; Heritage National Historical Park. (2) MAP.— (B) make recommendations for revisions to the ø (b) CONTENTS.—The study shall include an (A) IN GENERAL.—The Secretary shall prepare management plan; and analysis of alternatives for including the a map of the Heritage Area for inclusion in the (C) not later than 90 days after the receipt of Wright Company factory as a unit of Dayton management plan. any proposed revision of the management plan Aviation Heritage National Historical Park (B) AVAILABILITY.—The map shall be on file from the management entity, approve or dis- that detail management and development and available for public inspection in the appro- approve the proposed revision. options and costs. priate offices of the National Park Service. (e) AMENDMENTS.— ø(c) CONSULTATION.—In conducting the SEC. 104. MANAGEMENT PLAN. (1) IN GENERAL.—The Secretary shall review study, the Secretary shall consult with the (a) IN GENERAL.—Not later than 3 years after each amendment to the management plan that Delphi Corporation, the Dayton Aviation the date of enactment of this Act, the manage- the Secretary determines may make a substan- Heritage Commission, the Aviation Heritage ment entity shall submit to the Secretary for ap- tial change to the management plan. Foundation, State and local agencies, and proval a management plan for the Heritage (2) USE OF FUNDS.—Funds made available other interested parties in the area. Area. under this title shall not be expended to imple- ø SEC. 202. REPORT. (b) REQUIREMENTS.—The management plan ment an amendment described in paragraph (1) øNot later than 3 years after funds are first shall— until the Secretary approves the amendment. made available for this title, the Secretary (1) incorporate an integrated and cooperative SEC. 105. ADMINISTRATION. shall submit to the Committee on Resources approach for the protection, enhancement, and (a) IN GENERAL.—The management entity of the House of Representatives and the interpretation of the natural, cultural, historic, shall administer the Heritage Area in accord- Committee on Energy and Natural Resources scenic, and recreational resources of the Herit- ance with this title. of the Senate a report describing the results age Area; (b) AUTHORITIES.—The management entity of the study conducted under section 201.¿ (2) take into consideration Federal, State, and may, for purposes of implementing the manage- SECTION 1. TABLE OF CONTENTS. local plans; ment plan, use Federal funds made available The table of contents of this Act is as follows: (3) involve residents, public agencies, and pri- under this title to— Sec. 1. Table of contents. vate organizations in the Heritage Area; (1) make grants to, and enter into cooperative (4) include— agreements with— TITLE I—NATIONAL AVIATION HERITAGE (A) an assessment of cultural landscapes in (A) the State of Ohio (including a political AREA the Heritage Area; subdivision of the State); Sec. 101. Short title. (B) provisions for the protection, interpreta- (B) a private organization; or Sec. 102. Definitions. tion, and enjoyment of the resources of the Her- (C) any person; Sec. 103. National Aviation Heritage Area. itage Area that are consistent with the purposes (2) hire and compensate staff; Sec. 104. Management plan. of this title; Sec. 105. Administration. (C) an interpretation plan for the Heritage (3) contract for goods and services; and Sec. 106. Technical and financial assistance; Area; (4) obtain funds from any source (including a other Federal agencies. (D) a program for the implementation of the program that has a cost-sharing requirement). Sec. 107. Authorization of appropriations. management plan by the management entity (c) DUTIES OF MANAGEMENT ENTITY.—In addi- Sec. 108. Termination of authority. that includes— tion to developing the management plan under TITLE II—WRIGHT COMPANY FACTORY (i) provisions for facilitating ongoing collabo- section 104, in carrying out this title, the man- STUDY ration among the partners to— agement entity shall— (1) give priority to the implementation of ac- Sec. 201. Definitions. (I) promote heritage tourism; and Sec. 202. Study. (II) develop educational and cultural pro- tions set forth in the management plan, includ- Sec. 203. Report. grams for the public; ing— (ii) provisions for assisting partners in plans (A) assisting units of government and non- TITLE I—NATIONAL AVIATION HERITAGE profit organizations in preserving the resources AREA for restoration and construction of the Heritage Area; and of the Heritage Area; and SEC. 101. SHORT TITLE. (iii) to the maximum extent practicable, spe- (B) encouraging local governments to adopt This title may be cited as the ‘‘National Avia- cific commitments from partners for the first 5 land use policies that are consistent with— tion Heritage Area Act’’. years of operation of the Heritage Area; and (i) the management of the Heritage Area; and SEC. 102. DEFINITIONS. (E) an inventory of the resources contained in (ii) the goals of the management plan; In this title: the core area of the Heritage Area, including— (2) in developing and implementing the man- (1) HERITAGE AREA.—The term ‘‘Heritage (i) the Dayton Aviation Heritage Historical agement plan, consider the interests of diverse Area’’ means the National Aviation Heritage Park; governmental, business, and nonprofit organiza- Area established by section 103(a). (ii) the sites, buildings, and districts listed in tions in the Heritage Area; (2) MANAGEMENT ENTITY.—The term ‘‘manage- section 202 of the Dayton Aviation Heritage (3) maintain a collaboration among the partment entity’’ means the Aviation Heritage Preservation Act of 1992 (Public Law 102–419); ners to promote heritage tourism; Foundation, Incorporated, a nonprofit corpora- and (4) assist partners in developing educational tion established under the laws of the State of (iii) any other property that— and cultural programs for the public; Ohio. (I) is related to the themes of the Heritage (5) encourage economic viability in the Herit- (3) MANAGEMENT PLAN.—The term ‘‘manage- Area; and age Area in accordance with the goals of the ment plan’’ means the management plan for the (II) should be preserved, restored, managed, or management plan; Heritage Area developed under section 104. maintained because of the significance of the (6) assist units of government and nonprofit (4) PARTNER.—The term ‘‘partner’’ means— property; organizations in— (A) a Federal, State, or local governmental en- (5) identify sources of funding for the imple- (A) establishing and maintaining interpretive tity; or mentation of the management plan; and exhibits in the Heritage Area; (B) an organization, private industry, or per- (6) describe and evaluate the management en- (B) developing recreational resources in the son involved in promoting the conservation and tity, including a description and evaluation of— Heritage Area;

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.084 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9335 (C) increasing public awareness of and appre- will not have an adverse effect on the Heritage SEC. 2. CONGRESSIONAL FINDINGS. ciation for the historical, natural, and architec- Area, as determined by the management entity. The Congress finds that— tural resources and sites of the Heritage Area; (d) COORDINATION BETWEEN THE SECRETARY, (1) northern New Mexico encompasses a (D) installing throughout the Heritage Area, THE SECRETARY OF DEFENSE, AND THE ADMINIS- mosaic of cultures and history, including clear, consistent, and environmentally appro- TRATOR OF NASA.—Any decision relating to the eight Pueblos and the descendants of Span- priate signs that identify access points and sites application of this title to properties under the ish ancestors who settled in the area in 1598; of interest; and jurisdiction of the Secretary of Defense or the (2) the combination of cultures, languages, (E) restoring historic buildings that relate to Administrator of the National Aeronautics and folk arts, customs, and architecture make the purposes of the Heritage Area; Space Administration shall be made by the Sec- northern New Mexico unique; (7) conduct public meetings at least quarterly retary of Defense or the Administrator, respec- (3) the area includes spectacular natural, regarding the implementation of the manage- tively, in consultation with the Secretary. scenic, and recreational resources; ment plan; SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (4) there is broad support from local gov- (8) submit to the Secretary for approval sub- (a) IN GENERAL.—There is authorized to be ernments and interested individuals to es- stantial amendments to the management plan; appropriated to carry out this title $10,000,000, tablish a National Heritage Area to coordi- and of which not more than $1,000,000 may be made nate and assist in the preservation and inter- (9) for any fiscal year for which Federal funds available for any fiscal year. pretation of these resources; are made available to carry out this Act under (b) FEDERAL SHARE.—The Federal share of the (5) in 1991, the National Park Service study section 107— total cost of any activity assisted under this title Alternative Concepts for Commemorating (A) submit to the Secretary a report that de- shall be not more than 50 percent. Spanish Colonization identified several al- scribes, for the fiscal year— ternatives consistent with the establishment (i) any activities conducted by the manage- SEC. 108. TERMINATION OF AUTHORITY. of a National Heritage Area, including con- ment entity with respect to the Heritage Area; The authority of the Secretary to provide as- ducting a comprehensive archaeological and and sistance under this title terminates on the date historical research program, coordinating a (ii) any expenses incurred by the management that is 15 years after the date of enactment of comprehensive interpretation program, and entity in carrying out this title; this Act. (B) make available to the Secretary for audit interpreting a cultural heritage scene; and TITLE II—WRIGHT COMPANY FACTORY (6) establishment of a National Heritage all records relating to the expenditure of the STUDY funds and any matching funds; and Area in northern New Mexico would assist SEC. 201. DEFINITIONS. (C) require, for all agreements authorizing the local communities and residents in pre- In this title: expenditure of Federal funds by any entity, that serving these unique cultural, historical and (1) FACTORY.—The term ‘‘Factory’’ means the the receiving entity make available to the Sec- natural resources. Wright Company factory in Dayton, Ohio. retary for audit all records relating to the ex- SEC. 3. DEFINITIONS. (2) PARK.—The term ‘‘park’’ means the Day- penditure of the funds. As used in this Act— ton Aviation Heritage National Historical Park (d) PROHIBITION OF ACQUISITION OF REAL (1) the term ‘‘heritage area’’ means the in the State of Ohio. PROPERTY.— Northern Rio Grande Heritage Area; and (3) SECRETARY.—The term ‘‘Secretary’’ means (1) USE OF FEDERAL FUNDS.—The management (2) the term ‘‘Secretary’’ means the Sec- the Secretary of the Interior. entity shall not use Federal funds made avail- retary of the Interior. SEC. 202. STUDY. able under this title to acquire real property or SEC. 4. NORTHERN RIO GRANDE NATIONAL HER- any interest in real property. (a) IN GENERAL.—The Secretary shall conduct ITAGE AREA. a special resource study that— (2) FUNDS FROM OTHER SOURCES.—The man- (a) ESTABLISHMENT.—There is hereby es- agement entity may acquire real property or an (1) updates the study required under section tablished the Northern Rio Grande National interest in real property using non-Federal 104 of the Dayton Aviation Heritage Preserva- Heritage Area in the State of New Mexico. tion Act of 1992 (Public Law 102–419); and funds. (b) BOUNDARIES.—The heritage area shall SEC. 106. TECHNICAL AND FINANCIAL ASSIST- (2) describes alternatives for incorporating the include the counties of Santa Fe, Rio Arriba, ANCE; OTHER FEDERAL AGENCIES. Factory as a unit of the Park. and Taos. (b) CONTENTS.—The study shall include an (a) TECHNICAL AND FINANCIAL ASSISTANCE.— (c) MANAGEMENT ENTITY.— (1) IN GENERAL.—On the request of the man- analysis of the alternatives described under sub- (1) The Northern Rio Grande National Her- agement entity, the Secretary may provide to section (a)(2), including an analysis of manage- itage Area, Inc., a non-profit corporation the Heritage Area technical assistance, on a re- ment and development options and costs. chartered in the State of New Mexico, shall (c) CONSULTATION.—In conducting the study, imbursable or nonreimbursable basis, and finan- serve as the management entity for the her- the Secretary shall consult with— cial assistance for use in the development and itage area. (1) the Delphi Corporation; implementation of the management plan. (2) The Board of Directors for the manage- (2) the Aviation Heritage Foundation; (2) COOPERATIVE AGREEMENTS.—The Secretary ment entity shall include representatives of (3) State and local agencies; and may enter into a cooperative agreement with the the State of New Mexico, the counties of (4) other interested parties in the area in management entity or other public or private or- Santa Fe, Rio Arriba and Taos, tribes and which the Factory is located. ganizations for purposes of providing technical pueblos within the heritage area, the cities or financial assistance under paragraph (1). SEC. 203. REPORT. of Santa Fe, Espanola and Taos, and mem- (3) PRIORITY FOR ASSISTANCE.—In providing Not later than 3 years after the date on which bers of the general public. The total number technical or financial assistance under para- funds are first made available to carry out this of Board members and the number of Direc- graph (1), the Secretary shall give priority to ac- title, the Secretary shall submit to the Com- tors representing State, local and tribal gov- tions that assist in— mittee on Resources of the House of Representa- ernments and interested communities shall (A) conserving the significant historical, cul- tives and the Committee on Energy and Natural be established to ensure that all parties have tural, and natural resources of the Heritage Resources of the Senate a report that describes appropriate representation on the Board. Area; and the results of the study conducted under this SEC. 5. AUTHORITY AND DUTIES OF THE MAN- (B) providing educational, interpretive, and title. recreational opportunities consistent with the AGEMENT ENTITY. purposes of the Heritage Area. The committee amendment in the (a) MANAGEMENT PLAN.— (b) OPERATIONAL ASSISTANCE.—Subject to the nature of a substitute was agreed to. (1) Not later than 3 years after the date of availability of appropriations, the Secretary The bill (S. 180), as amended, was enactment of this Act, the management enti- may provide to public or private organizations read the third time and passed. ty shall develop and forward to the Sec- retary a management plan for the heritage in the Heritage Area such operational assistance f as is appropriate to support the implementation area. of the management plan. NORTHERN RIO GRANDE (2) The management entity shall develop (c) DUTIES OF OTHER FEDERAL AGENCIES.—A NATIONAL HERITAGE AREA ACT and implement the management plan in cooperation with affected communities, tribal Federal agency conducting or supporting any The bill (S. 211), to establish the activity directly affecting the Heritage Area and local governments and shall provide for shall— Northern Rio Grande National Herit- public involvement in the development and (1) consult with the Secretary and the manage Area in the State of New Mexico, implementation of the management plan. agement entity with respect to the activity; and for other purposes, was considered, (3) The management plan shall, at a min- (2) cooperate with the Secretary and the man- read the third time, and passed, as fol- imum— agement entity in carrying out the duties of the lows: (A) provide recommendations for the con- Secretary and the management entity under this servation, funding, management, and devel- S. 211 title; opment of the resources of the heritage area; (3) to the maximum extent practicable, coordi- Be it enacted by the Senate and House of Rep- (B) identify sources of funding; nate the activity with the duties of the Sec- resentatives of the United States of America in (C) include an inventory of the cultural, retary and the management entity under this Congress assembled, historical, archaeological, natural, and rec- title; and SECTION 1. SHORT TITLE. reational resources of the heritage area; (4) conduct or support the activity in a man- This Act may be cited as the ‘‘Northern (D) provide recommendations for edu- ner that, to the maximum extent practicable, Rio Grande National Heritage Area Act’’. cational and interpretive programs to inform

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.084 S15PT1 S9336 CONGRESSIONAL RECORD — SENATE September 15, 2004 the public about the resources of the herit- SEC. 6. DUTIES OF THE SECRETARY. ture as the ‘‘Atchafalaya Trace State Herit- age area; and (a) TECHNICAL AND FINANCIAL ASSIST- age Area’’ and consisting of the area de- (E) include an analysis of ways in which ANCE.—The Secretary may, upon request of scribed in section 5(b), is an area in which local, State, Federal, and tribal programs the management entity, provide technical natural, scenic, cultural, and historic re- may best be coordinated to promote the pur- and financial assistance to develop and im- sources form a cohesive and nationally dis- poses of this Act. plement the management plan. tinctive landscape arising from patterns of (4) If the management entity fails to sub- (b) PRIORITY.—In providing assistance human activity shaped by geography; mit a management plan to the secretary as under subsection (a), the Secretary shall give ø(2) the significance of the area is en- provided in paragraph (1), the heritage area priority to actions that facilitate— hanced by the continued use of the area by shall no longer be eligible to receive Federal (1) the conservation of the significant nat- people whose traditions have helped shape funding under this Act until such time as a ural, cultural, historical, archaeological, the landscape; plan is submitted to the Secretary. scenic, and recreational resources of the her- ø(3) there is a national interest in pro- (5) The Secretary shall approve or dis- itage area; and tecting, conserving, restoring, promoting, approve the management plan within 90 days (2) the provision of educational, interpre- and interpreting the benefits of the area for after the date of submission. If the Secretary tive, and recreational opportunities con- the residents of, and visitors to, the area; disapproves the management plan, the Sec- sistent with the resources and associated ø(4) the area represents an assemblage of retary shall advise the management entity values of the heritage area. rich and varied resources forming a unique in writing of the reasons therefore and shall SEC. 7. SAVINGS PROVISIONS. aspect of the heritage of the United States; make recommendations for revisions to the (a) NO EFFECT ON PRIVATE PROPERTY.— ø(5) the area reflects a complex mixture of plan. Nothing in this Act shall be construed— people and their origins, traditions, customs, (6) The management entity shall periodi- (1) to modify, enlarge, or diminish any au- beliefs, and folkways of interest to the pub- cally review the management plan and sub- thority of Federal, State, or local govern- lic; mit to the Secretary any recommendations ments to regulate any use of privately owned ø(6) the land and water of the area offer for proposed revisions to the management lands; or outstanding recreational opportunities, edu- plan. Any major revisions to the manage- (2) to grant the management entity any cational experiences, and potential for inter- ment plan must be approved by the Sec- authority to regulate the use of privately pretation and scientific research; and retary. owned lands. ø(7) local governments of the area support (b) AUTHORITY.—The management entity (b) TRIBAL LANDS.—Nothing in this Act the establishment of a national heritage may make grants and provide technical as- shall restrict or limit a tribe from protecting area. sistance to tribal and local governments, and cultural or religious sites on tribal lands. øSEC. 3. PURPOSES. (c) AUTHORITY OF GOVERNMENTS.—Nothing other public and private entities to carry out øThe purposes of this Act are— in this Act shall— the management plan. ø(1) to protect, preserve, conserve, restore, (1) modify, enlarge, or diminish any au- (c) DUTIES.—The management entity promote, and interpret the significant re- thority of Federal, State, tribal, or local shall— source values and functions of the governments to manage or regulate any use (1) give priority in implementing actions Atchafalaya Basin area and advance sustain- of land as provided for by law or regulation; set forth in the management plan; able economic development of the area; or (2) coordinate with tribal and local govern- ø(2) to foster a close working relationship (2) authorize the management entity to as- ments to better enable them to adopt land with all levels of government, the private sume any management authorities over such use policies consistent with the goals of the sector, and the local communities in the lands. management plan; area so as to enable those communities to (d) TRUST RESPONSIBILITIES.—Nothing in (3) encourage by appropriate means eco- conserve their heritage while continuing to nomic viability in the heritage area con- this Act shall diminish the Federal Govern- ment’s trust responsibilities or government- pursue economic opportunities; and sistent with the goals of the management ø(3) to establish, in partnership with the plan; and to-government obligations to any federally recognized Indian tribe. State, local communities, preservation orga- (4) assist local and tribal governments and nizations, private corporations, and land- SEC. 8. SUNSET. non-profit organizations in— owners in the Heritage Area, the The authority of the Secretary to provide (A) establishing and maintaining interpre- Atchafalaya Trace State Heritage Area, as assistance under this Act terminates on the tive exhibits in the heritage area; designated by the Louisiana Legislature, as date that is 15 years after the date of enact- (B) developing recreational resources in the Atchafalaya National Heritage Area. the heritage area; ment of this Act. øSEC. 4. DEFINITIONS. (C) increasing public awareness of, and ap- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ø preciation for, the cultural, historical, ar- (a) IN GENERAL.—There are authorized to In this Act: chaeological and natural resources and sits be appropriated to carry out this Act ø(1) HERITAGE AREA.—The term ‘‘Heritage in the heritage area; $10,000,000, of which not more than $1,000,000 Area’’ means the Atchafalaya National Her- (D) the restoration of historic structures may be authorized to be appropriated for any itage Area established by section 5(a). related to the heritage area; and fiscal year. ø(2) LOCAL COORDINATING ENTITY.—The (E) carrying out other actions that the (b) COST-SHARING REQUIREMENT.—The Fed- term ‘‘local coordinating entity’’ means the management entity determines appropriate eral share of the total cost of any activity local coordinating entity for the Heritage to fulfill the purposes of this Act, consistent assisted under this Act shall be not more Area designated by section 5(c). with the management plan. than 50 percent. ø(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan (d) PROHIBITION ON ACQUIRING REAL PROP- f ERTY.—The management entity may not use for the Heritage Area developed under sec- Federal funds received under this Act to ac- ATCHAFALAYA NATIONAL tion 7. ø quire real property or an interest in real HERITAGE AREA ACT (4) SECRETARY.—The term ‘‘Secretary’’ property. means the Secretary of the Interior. The Senate proceeded to consider the ø(5) STATE.—The term ‘‘State’’ means the (e) PUBLIC MEETINGS.—The management bill (S. 323) to establish the State of Louisiana. entity shall hold public meetings at least an- Atchafalaya National Heritage Area, nually regarding the implementation of the øSEC. 5. ATCHAFALAYA NATIONAL HERITAGE management plan. Louisiana, which had been reported AREA. (f) ANNUAL REPORTS AND AUDITS.— from the Committee on Energy and ø(a) ESTABLISHMENT.—There is established (1) For any year in which the management Natural Resources, with an amendment in the State the Atchafalaya National Herit- entity receives Federal funds under this Act, to strike all after the enacting clause age Area. the management entity shall submit an an- and insert in lieu thereof the following: ø(b) BOUNDARIES.—The Heritage Area shall nual report to the Secretary setting forth ac- (Strike the part shown in black brackets consist of the whole of the following parishes complishments, expenses and income, and and insert the part shown in italic.) in the State: St. Mary, Iberia, St. Martin, St. each entity to which any grant was made by Landry, Avoyelles, Pointe Coupee, Iberville, S. 323 the management entity. Assumption, Terrebonne, Lafayette, West (2) The management entity shall make Be it enacted by the Senate and House of Rep- Baton Rouge, Concordia, and East Baton available to the Secretary for audit all resentatives of the United States of America in Rouge. records relating to the expenditure of Fed- Congress assembled, ø(c) LOCAL COORDINATING ENTITY.— eral funds and any matching funds. The man- øSECTION 1. SHORT TITLE. ø(1) IN GENERAL.—The Atchafalaya Trace agement entity shall also require, for all øThis Act may be cited as the Commission shall be the local coordinating agreements authorizing expenditure of Fed- ‘‘Atchafalaya National Heritage Area Act’’. entity for the Heritage Area. eral funds by other organizations, that the øSEC. 2. FINDINGS. ø(2) COMPOSITION.—The local coordinating receiving organization make available to the øCongress finds that— entity shall be composed of 13 members ap- Secretary for audit all records concerning ø(1) the Atchafalaya Basin area of Lou- pointed by the governing authority of each the expenditure of those funds. isiana, designated by the Louisiana Legisla- parish within the Heritage Area.

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øSEC. 6. AUTHORITIES AND DUTIES OF THE ø(d) SUBMISSION TO SECRETARY FOR AP- cent to the Heritage Area solely by reason of LOCAL COORDINATING ENTITY. PROVAL.— the establishment of the Heritage Area; ø (a) AUTHORITIES.—For the purposes of de- ø(1) IN GENERAL.—Not later than 3 years ø(7) abridges, restricts, or alters any appli- veloping and implementing the management after the date of enactment of this Act, the cable rule, standard, or review procedure for plan and otherwise carrying out this Act, the local coordinating entity shall submit the permitting of facilities within or adjacent to local coordinating entity may— management plan to the Secretary for ap- the Heritage Area; or ø (1) make grants to, and enter into cooper- proval. ø(8) affects the continuing use and operative agreements with, the State, units of ø(2) EFFECT OF FAILURE TO SUBMIT.—If a ation, where located on the date of enact- local government, and private organizations; management plan is not submitted to the ment of this Act, of any public utility or ø (2) hire and compensate staff; and Secretary by the date specified in paragraph common carrier. ø(3) enter into contracts for goods and (1), the Secretary shall not provide any addi- øSEC. 9. REPORTS. services. tional funding under this Act until a man- ø ø(b) DUTIES.—The local coordinating entity For any year in which Federal funds have agement plan for the Heritage Area is sub- shall— been made available under this Act, the local mitted to the Secretary. ø(1) submit to the Secretary for approval a coordinating entity shall submit to the Sec- ø(e) APPROVAL.— management plan; retary a report that describes— ø(1) IN GENERAL.—Not later than 90 days ø(2) implement the management plan, in- ø(1) the accomplishments of the local co- after receiving the management plan sub- cluding providing assistance to units of gov- ordinating entity; and ernment and others in— mitted under subsection (d)(1), the Sec- ø(2) the expenses and income of the local ø(A) carrying out programs that recognize retary, in consultation with the State, shall coordinating entity. important resource values within the Herit- approve or disapprove the management plan. øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. ø age Area; (2) ACTION FOLLOWING DISAPPROVAL.— øThere is authorized to be appropriated to ø ø(B) encouraging sustainable economic de- (A) IN GENERAL.—If the Secretary dis- carry out this Act $10,000,000, of which not velopment within the Heritage Area; approves a management plan under para- more than $1,000,000 shall be made available ø(C) establishing and maintaining interpre- graph (1), the Secretary shall— for any fiscal year. ø(i) advise the local coordinating entity in tive sites within the Heritage Area; and øSEC. 11. TERMINATION OF AUTHORITY. writing of the reasons for the disapproval; ø(D) increasing public awareness of, and øThe Secretary shall not provide any as- ø(ii) make recommendations for revisions appreciation for the natural, historic, and sistance under this Act after September 30, to the management plan; and cultural resources of, the Heritage Area; 2017.¿ ø(3) adopt bylaws governing the conduct of ø(iii) allow the local coordinating entity to submit to the Secretary revisions to the SECTION 1. SHORT TITLE. the local coordinating entity; and This Act may be cited as the ‘‘Atchafalaya ø management plan. (4) for any year for which Federal funds National Heritage Area Act’’. are received under this Act, submit to the ø(B) DEADLINE FOR APPROVAL OF REVI- SEC. 2. DEFINITIONS. Secretary a report that describes, for the SION.—Not later than 90 days after the date In this Act: year— on which a revision is submitted under sub- (1) HERITAGE AREA.—The term ‘‘Heritage ø(A) the accomplishments of the local co- paragraph (A)(iii), the Secretary shall ap- Area’’ means the Atchafalaya National Heritage ordinating entity; and prove or disapprove the revision. Area established by section 3(a). ø(B) the expenses and income of the local ø(f) REVISION.— (2) LOCAL COORDINATING ENTITY.—The term coordinating entity. ø(1) IN GENERAL.—After approval by the ‘‘local coordinating entity’’ means the local co- ø(c) ACQUISITION OF REAL PROPERTY.—The Secretary of a management plan, the local local coordinating entity shall not use Fed- coordinating entity shall periodically— ordinating entity for the Heritage Area des- eral funds received under this Act to acquire ø(A) review the management plan; and ignated by section 3(c). real property or an interest in real property. ø(B) submit to the Secretary, for review (3) MANAGEMENT PLAN.—The term ‘‘manage- ø(d) PUBLIC MEETINGS.—The local coordi- and approval by the Secretary, the rec- ment plan’’ means the management plan for the nating entity shall conduct public meetings ommendations of the local coordinating en- Heritage Area developed under section 5. at least quarterly. tity for any revisions to the management (4) SECRETARY.—The term ‘‘Secretary’’ means øSEC. 7. MANAGEMENT PLAN. plan that the local coordinating entity con- the Secretary of the Interior. (5) STATE.—The term ‘‘State’’ means the State ø(a) IN GENERAL.—The local coordinating siders to be appropriate. of Louisiana. entity shall develop a management plan for ø(2) EXPENDITURE OF FUNDS.—No funds the Heritage Area that incorporates an inte- made available under this Act shall be used SEC. 3. ATCHAFALAYA NATIONAL HERITAGE grated and cooperative approach to protect, to implement any revision proposed by the AREA. interpret, and enhance the natural, scenic, local coordinating entity under paragraph (a) ESTABLISHMENT.—There is established in cultural, historic, and recreational resources (1)(B) until the Secretary approves the revi- the State the Atchafalaya National Heritage of the Heritage Area. sion. Area. ø(b) CONSIDERATION OF OTHER PLANS AND (b) BOUNDARIES.—The Heritage Area shall øSEC. 8. EFFECT OF ACT. ACTIONS.—In developing the management consist of the whole of the following parishes in ø plan, the local coordinating entity shall— Nothing in this Act or in establishment of the State: St. Mary, Iberia, St. Martin, St. ø(1) take into consideration State and local the Heritage Area— Landry, Avoyelles, Pointe Coupee, Iberville, As- ø plans; and (1) grants any Federal agency regulatory sumption, Terrebonne, Lafayette, West Baton ø(2) invite the participation of residents, authority over any interest in the Heritage Rouge, Concordia, and East Baton Rouge. public agencies, and private organizations in Area, unless cooperatively agreed on by all (c) LOCAL COORDINATING ENTITY.— the Heritage Area. involved parties; (1) IN GENERAL.—The Atchafalaya Trace Com- ø(c) CONTENTS.—The management plan ø(2) modifies, enlarges, or diminishes any mission shall be the local coordinating entity for shall include— authority of the Federal Government or a the Heritage Area. ø(1) an inventory of the resources in the State or local government to regulate any (2) COMPOSITION.—The local coordinating en- Heritage Area, including— use of land as provided for by law (including tity shall be composed of 13 members appointed ø(A) a list of property in the Heritage Area regulations) in existence on the date of en- by the governing authority of each parish with- that— actment of this Act; in the Heritage Area. ø ø(i) relates to the purposes of the Heritage (3) grants any power of zoning or land use SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL Area; and to the local coordinating entity; COORDINATING ENTITY. ø ø(ii) should be preserved, restored, man- (4) imposes any environmental, occupa- (a) AUTHORITIES.—For the purposes of devel- aged, or maintained because of the signifi- tional, safety, or other rule, standard, or per- oping and implementing the management plan cance of the property; and mitting process that is different from those and otherwise carrying out this Act, the local ø(B) an assessment of cultural landscapes in effect on the date of enactment of this Act coordinating entity may— within the Heritage Area; that would be applicable had the Heritage (1) make grants to, and enter into cooperative ø(2) provisions for the protection, interpre- Area not been established; agreements with, the State, units of local gov- tation, and enjoyment of the resources of the ø(5)(A) imposes any change in Federal envi- ernment, and private organizations; Heritage Area consistent with this Act; ronmental quality standards; or (2) hire and compensate staff; and ø(3) an interpretation plan for the Heritage ø(B) authorizes designation of any portion (3) enter into contracts for goods and services. Area; and of the Heritage Area that is subject to part (b) DUTIES.—The local coordinating entity ø(4) a program for implementation of the C of title I of the Clean Air Act (42 U.S.C. shall— management plan that includes— 7470 et seq.) as class 1 for the purposes of (1) submit to the Secretary for approval a ø(A) actions to be carried out by units of that part solely by reason of the establish- management plan; government, private organizations, and pub- ment of the Heritage Area; (2) implement the management plan, including lic-private partnerships to protect the re- ø(6) authorizes any Federal or State agen- providing assistance to units of government and sources of the Heritage Area; and cy to impose more restrictive water use des- others in— ø(B) the identification of existing and po- ignations, or water quality standards on uses (A) carrying out programs that recognize im- tential sources of funding for implementing of or discharges to, waters of the United portant resource values within the Heritage the plan. States or waters of the State within or adja- Area;

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00097 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.091 S15PT1 S9338 CONGRESSIONAL RECORD — SENATE September 15, 2004 (B) encouraging sustainable economic devel- (ii) make recommendations for revisions to the this Act terminates on the date that is 15 years opment within the Heritage Area; management plan; and after the date of enactment of this Act. (C) establishing and maintaining interpretive (iii) allow the local coordinating entity to sub- The committee amendment in the sites within the Heritage Area; and mit to the Secretary revisions to the manage- nature of a substitute was agreed to. (D) increasing public awareness of, and ap- ment plan. The bill (S. 323), as amended, was preciation for the natural, historic, and cultural (B) DEADLINE FOR APPROVAL OF REVISION.— read the third time and passed. resources of, the Heritage Area; Not later than 90 days after the date on which (3) adopt bylaws governing the conduct of the a revision is submitted under subparagraph f local coordinating entity; and (A)(iii), the Secretary shall approve or dis- KATE MULLANY NATIONAL (4) for any year for which Federal funds are approve the revision. HISTORIC SITE ACT received under this Act, submit to the Secretary (f) REVISION.— a report that describes, for the year— (1) IN GENERAL.—After approval by the Sec- The Senate proceeded to consider the (A) the accomplishments of the local coordi- retary of a management plan, the local coordi- bill (S. 1241) to establish the Kate nating entity; and nating entity shall periodically— Mullany National Historic Site in the (B) the expenses and income of the local co- (A) review the management plan; and State of New York, and for other pur- (B) submit to the Secretary, for review and ordinating entity. poses, which had been reported from (c) ACQUISITION OF REAL PROPERTY.—The approval by the Secretary, the recommendations local coordinating entity shall not use Federal of the local coordinating entity for any revisions the Committee on Energy and Natural funds received under this Act to acquire real to the management plan that the local coordi- Resources, with an amendment to property or an interest in real property. nating entity considers to be appropriate. strike all after the enacting clause and (d) PUBLIC MEETINGS.—The local coordinating (2) EXPENDITURE OF FUNDS.—No funds made insert in lieu thereof the following: entity shall conduct public meetings at least available under this Act shall be used to imple- (Strike the part shown in black brackets quarterly. ment any revision proposed by the local coordi- and insert the part shown in italic.) nating entity under paragraph (1)(B) until the SEC. 5. MANAGEMENT PLAN. S. 1241 Secretary approves the revision. (a) IN GENERAL.—The local coordinating enti- Be it enacted by the Senate and House of Rep- SEC. 6. EFFECT OF ACT. ty shall develop a management plan for the Her- resentatives of the United States of America in itage Area that incorporates an integrated and Nothing in this Act or in establishment of the Heritage Area— Congress assembled, cooperative approach to protect, interpret, and øSECTION 1. SHORT TITLE. enhance the natural, scenic, cultural, historic, (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, øThis Act may be cited as the ‘‘Kate and recreational resources of the Heritage Area. Mullany National Historic Site Act’’. (b) CONSIDERATION OF OTHER PLANS AND AC- unless cooperatively agreed on by all involved øSEC. 2. FINDINGS AND PURPOSES. TIONS.—In developing the management plan, the parties; ø(a) FINDINGS.—Congress finds that— local coordinating entity shall— (2) modifies, enlarges, or diminishes any au- ø(1) the Kate Mullany House in Troy, New (1) take into consideration State and local thority of the Federal Government or a State or York, is listed on the National Register of plans; and local government to regulate any use of land as (2) invite the participation of residents, public provided for by law (including regulations) in Historic Places and has been designated as a agencies, and private organizations in the Herit- existence on the date of enactment of this Act; National Historic Landmark; ø age Area. (3) grants any power of zoning or land use to (2) the National Historic Landmark Theme Study on American Labor History (c) CONTENTS.—The management plan shall the local coordinating entity; include— (4) imposes any environmental, occupational, concluded that the Kate Mullany House ap- (1) an inventory of the resources in the Herit- safety, or other rule, standard, or permitting pears to meet the criteria of national signifi- age Area, including— process that is different from those in effect on cance, suitability, and feasibility for inclu- (A) a list of property in the Heritage Area the date of enactment of this Act that would be sion in the National Park System; ø that— applicable had the Heritage Area not been es- (3) the city of Troy, New York— (i) relates to the purposes of the Heritage tablished; ø(A) played an important role in the devel- Area; and (5)(A) imposes any change in Federal environ- opment of the collar and cuff industry and (ii) should be preserved, restored, managed, or mental quality standards; or the iron industry in the 19th century, and in maintained because of the significance of the (B) authorizes designation of any portion of the development of early men’s and women’s property; and the Heritage Area that is subject to part C of worker and cooperative organizations; and (B) an assessment of cultural landscapes title I of the Clean Air Act (42 U.S.C. 7470 et ø(B) was the home of the first women’s within the Heritage Area; seq.) as class 1 for the purposes of that part labor union, led by Irish immigrant Kate (2) provisions for the protection, interpreta- solely by reason of the establishment of the Her- Mullany; tion, and enjoyment of the resources of the Her- itage Area; ø(4) the city of Troy, New York, has en- itage Area consistent with this Act; (6) authorizes any Federal or State agency to tered into a cooperative arrangement with 6 (3) an interpretation plan for the Heritage impose more restrictive water use designations, neighboring cities, towns, and villages to Area; and or water quality standards on uses of or dis- create the Hudson-Mohawk Urban Cultural (4) a program for implementation of the man- charges to, waters of the United States or waters Park Commission to manage the valuable agement plan that includes— of the State within or adjacent to the Heritage historic resources in the area, and the area (A) actions to be carried out by units of gov- Area solely by reason of the establishment of the within those municipalities has been des- ernment, private organizations, and public-pri- Heritage Area; ignated by the State of New York as a herit- vate partnerships to protect the resources of the (7) abridges, restricts, or alters any applicable age area to represent industrial development Heritage Area; and rule, standard, or review procedure for permit- and labor themes in the development of the (B) the identification of existing and potential ting of facilities within or adjacent to the Herit- State; sources of funding for implementing the plan. age Area; or ø(5) the area, known as the ‘‘Hudson-Mo- (d) SUBMISSION TO SECRETARY FOR AP- (8) affects the continuing use and operation, hawk Urban Cultural Park’’ or PROVAL.— where located on the date of enactment of this ‘‘RiverSpark’’, has been a pioneer in the de- (1) IN GENERAL.—Not later than 3 years after Act, of any public utility or common carrier. velopment of partnership parks in which the date of enactment of this Act, the local co- SEC. 7. REPORTS. intergovernmental and public and private ordinating entity shall submit the management For any year in which Federal funds have partnerships bring about the conservation of plan to the Secretary for approval. been made available under this Act, the local co- the area’s heritage and the attainment of (2) EFFECT OF FAILURE TO SUBMIT.—If a man- ordinating entity shall submit to the Secretary a goals for preservation, education, recreation, agement plan is not submitted to the Secretary report that describes— and economic development; and by the date specified in paragraph (1), the Sec- (1) the accomplishments of the local coordi- ø(6) establishment of the Kate Mullany Na- retary shall not provide any additional funding nating entity; and tional Historic Site and cooperative efforts under this Act until a management plan for the (2) the expenses and income of the local co- between the National Park Service and the Heritage Area is submitted to the Secretary. ordinating entity. Hudson-Mohawk Urban Cultural Park Com- (e) APPROVAL.— SEC. 8. AUTHORIZATION OF APPROPRIATIONS. mission will— (1) IN GENERAL.—Not later than 90 days after (a) IN GENERAL.—There is authorized to be ø(A) provide opportunities for the illustra- receiving the management plan submitted under appropriated to carry out this Act $10,000,000, of tion and interpretation of important themes subsection (d)(1), the Secretary, in consultation which not more than $1,000,000 shall be made of the heritage of the United States; and with the State, shall approve or disapprove the available for any fiscal year. ø(B) provide unique opportunities for edu- management plan. (b) COST-SHARING REQUIREMENT.—The Fed- cation, public use, and enjoyment. (2) ACTION FOLLOWING DISAPPROVAL.— eral share of the total cost of any activity as- ø(b) PURPOSES.—The purposes of this Act (A) IN GENERAL.—If the Secretary disapproves sisted under this Act shall be not more than 50 are— a management plan under paragraph (1), the percent. ø(1) to preserve and interpret the nation- Secretary shall— SEC. 9. TERMINATION OF AUTHORITY. ally significant home of Kate Mullany for (i) advise the local coordinating entity in writ- The authority of the Secretary to provide as- the benefit, inspiration, and education of the ing of the reasons for the disapproval; sistance to the local coordinating entity under people of the United States; and

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.091 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9339 ø(2) to interpret the connection between SECTION 1. SHORT TITLE. ty of Dams Act of 1978, which had been immigration and the industrialization of the This Act may be cited as the ‘‘Kate Mullany reported from the Committee on En- United States (including the history of Irish National Historic Site Act’’. ergy and Natural Resources, with an immigration, women’s history, and worker SEC. 2. DEFINITIONS. amendment to strike all after the en- history). In this Act: acting clause and insert in lieu thereof øSEC. 3. DEFINITIONS. (1) CENTER.—The term ‘‘Center’’ means the øIn this Act: the following: American Labor Studies Center. (Strike the part shown in black ø(1) HISTORIC SITE.—The term ‘‘historic (2) HISTORIC SITE.—The term ‘‘historic site’’ site’’ means the Kate Mullany National His- means the Kate Mullany National Historic Site brackets and insert the part shown in toric Site established by section 4. established by section 3(a). italic.) ø(2) PLAN.—The term ‘‘plan’’ means the (3) SECRETARY.—The term ‘‘Secretary’’ means S. 1727 general management plan developed under the Secretary of the Interior. Be it enacted by the Senate and House of Rep- section 6(d). SEC. 3. KATE MULLANY NATIONAL HISTORIC resentatives of the United States of America in ø (3) SECRETARY.—The term ‘‘Secretary’’ SITE. Congress assembled, means the Secretary of the Interior. (a) ESTABLISHMENT.— øSECTION 1. ADDITIONAL AUTHORIZATION OF ø SEC. 4. ESTABLISHMENT OF KATE MULLANY NA- (1) IN GENERAL.—There is established as an APPROPRIATIONS FOR THE REC- TIONAL HISTORIC SITE. affiliated area of the National Park System the LAMATION SAFETY OF DAMS ACT OF ø (a) ESTABLISHMENT.—There is established Kate Mullany National Historic Site in the State 1978. as a unit of the National Park System the of New York. ø(a) REIMBURSEMENT OF CERTAIN MODIFICA- Kate Mullany National Historic Site in the (2) COMPONENTS.—The historic site shall con- TION COSTS.—Section 4(c) of the Reclamation State of New York. sist of the home of Kate Mullany, located at 350 Safety of Dams Act of 1978 (43 U.S.C. 508(c)) ø(b) DESCRIPTION.—The historic site shall Eighth Street in Troy, New York. is amended by striking ‘‘(c) With respect to’’ consist of the home of Kate Mullany, com- and all that follows through ‘‘2001’’ and in- prising approximately .05739 acre, located at (b) ADMINISTRATION.— (1) IN GENERAL.—The Center shall own, ad- serting the following: 350 Eighth Street in Troy, New York, as gen- ø minister, and operate the historic site. ‘‘(c) REIMBURSEMENT OF CERTAIN MODI- erally depicted on the map entitled lllll FICATION COSTS.—With respect to the addi- and dated llllll. (2) APPLICABILITY OF NATIONAL PARK SYSTEM LAWS.—The historic site shall be administered in tional amounts authorized to be appro- øSEC. 5. ACQUISITION OF PROPERTY. accordance with— priated by section 5’’. ø(a) REAL PROPERTY.—The Secretary may ø(b) AUTHORIZATION OF APPROPRIATIONS.— acquire land and interests in land within the (A) this Act; and (B) the laws generally applicable to units of Section 5 of the Reclamation Safety of Dams boundaries of the historic site and ancillary Act of 1978 (43 U.S.C. 509) is amended in the real property for parking or interpretation, the National Park System, including— (i) the Act of August 25, 1916 (commonly first sentence— as necessary and appropriate for manage- ø known as the ‘‘National Park Service Organic (1) by striking ‘‘and effective October 1, ment of the historic site. 2001’’ and inserting ‘‘effective October 1, ø(b) PERSONAL PROPERTY.—The Secretary Act’’) (16 U.S.C. 1 et seq.); and (ii) the Act of August 21, 1935 (16 U.S.C. 461 2001’’; may acquire personal property associated ø et seq.). (2) by inserting ‘‘and, effective October 1, with, and appropriate for, the interpretation 2003, not to exceed an additional $540,000,000 (c) COOPERATIVE AGREEMENTS.—(1) The Sec- of the historic site. (October 1, 2003, price levels),’’ after ‘‘(Octo- ø retary may enter into cooperative agreements (c) MEANS.—An acquisition of real prop- ber 1, 2001, price levels),’’; and erty or personal property may be made by with the Center under which the Secretary may ø(3) by striking ‘‘$750,000’’ and inserting donation, purchase from a willing seller with provide to the Center technical, planning, inter- ‘‘$1,250,000 (October 1, 2003, price levels), as donated or appropriated funds, or exchange. pretive, construction, and preservation assist- adjusted to reflect any ordinary fluctuations ø ance for— SEC. 6. ADMINISTRATION OF HISTORIC SITE. in construction costs indicated by applicable ø (A) the preservation of the historic site; and (a) IN GENERAL.—The Secretary shall ad- engineering cost indexes,’’.¿ minister the historic site in accordance with (B) educational, interpretive, and research ac- SECTION 1. ADDITIONAL AUTHORIZATION OF AP- this Act and the law generally applicable to tivities relating to the historic site and any related sites. PROPRIATIONS FOR THE RECLAMA- units of the National Park System, includ- TION SAFETY OF DAMS ACT OF 1978. (2) The Secretary may provide to the Center ing— (a) REIMBURSEMENT OF CERTAIN MODIFICA- ø financial assistance in an amount equal to not (1) the Act of August 25, 1916 (16 U.S.C. 1 TION COSTS.—Section 4(c) of the Reclamation et seq.); and more than $500,000 to assist the Center in ac- Safety of Dams Act of 1978 (43 U.S.C. 508(c)) is ø(2) the Act of August 21, 1935 (16 U.S.C. 461 quiring from a willing seller the structure adja- amended by striking ‘‘(c) With respect to’’ and et seq.). cent to the historic site, located at 352 Eighth all that follows through ‘‘2001’’ and inserting ø (b) COOPERATIVE AGREEMENTS.—In car- Street in Troy, New York. On acquisition of the the following: rying out this Act, the Secretary may con- structure, the Secretary shall revise the bound- ‘‘(c) REIMBURSEMENT OF CERTAIN MODIFICA- sult with and enter into cooperative agree- ary of the historic site to reflect the acquisition. TION COSTS.—With respect to the additional ments with the State of New York, the Hud- The non-Federal share of the total cost of ac- amounts authorized to be appropriated by sec- son-Mohawk Urban Cultural Park Commis- quiring the structure shall be at least 50 percent. tion 5’’. sion, and other public and private entities to (d) GENERAL MANAGEMENT PLAN.— (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- facilitate public understanding and enjoy- (1) IN GENERAL.—Not later than 3 full fiscal tion 5 of the Reclamation Safety of Dams Act of ment of the life and work of Kate Mullany years after the date on which funds are made 1978 (43 U.S.C. 509) is amended in the first sen- through the development, presentation, and available to carry out this Act, the Secretary, in tence— funding of exhibits and other appropriate ac- cooperation with the Center, shall develop a (1) by inserting ‘‘and, effective October 1, tivities related to the preservation, interpre- general management plan for the historic site. 2003, not to exceed an additional $540,000,000 tation, and use of the historic site and re- (2) CONTENTS.—The general management plan (October 1, 2003, price levels),’’ after ‘‘(October lated historic resources. shall define the role and responsibilities of the 1, 2001, price levels),’’; and ø(c) EXHIBITS.—The Secretary may display, Secretary with respect to the interpretation and (2) by striking ‘‘$750,000’’ and inserting and accept for the purposes of display, items preservation of the historic site. ‘‘$1,250,000 (October 1, 2003, price levels), as ad- associated with Kate Mullany, as may be (3) APPLICABLE LAW.—The general manage- justed to reflect any ordinary fluctuations in necessary for the interpretation of the his- ment plan shall be prepared in accordance with construction costs indicated by applicable engi- toric site. section 12(b) of the Act of August 18, 1970 (16 neering cost indexes,’’. ø (d) GENERAL MANAGEMENT PLAN.— U.S.C. 1a–7(b)). SEC. 2. PARTICIPATION BY PROJECT BENE- ø (1) IN GENERAL.—Not later than 2 full fis- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. FICIARIES. cal years after the date of enactment of this There are authorized to be appropriated such (a) COST CONTAINMENT; MODIFICATION STA- Act, the Secretary shall— sums as are necessary to carry out this Act. TUS.—Section 4 of the Reclamation Safety of ø (A) develop a general management plan The committee amendment in the Dams Act of 1978 (43 U.S.C. 508) is amended by for the historic site; and nature of a substitute was agreed to. adding at the end the following: ø(B) submit the plan to the Committee on ‘‘(e)(1) During the construction of the modi- Energy and Natural Resources of the Senate The bill (S. 1241), as amended, was fication, the Secretary shall consider cost con- and the Committee on Resources of the read the third time and passed. tainment measures recommended by a project House of Representatives. f beneficiary that has elected to consult with the ø(2) CONTENTS.—The plan shall include rec- Bureau of Reclamation on a modification. ommendations for regional wayside exhibits ADDITIONAL APPROPRIATIONS ‘‘(2) The Secretary shall provide to project to be carried out through cooperative agree- FOR THE RECLAMATION SAFETY beneficiaries on a periodic basis notice regarding ments with the State of New York and other OF DAMS ACT OF 1978 the costs and status of the modification.’’. public and private entities. (b) PROJECT BENEFICIARIES.—The Reclama- ø(3) REQUIREMENTS.—The plan shall be pre- The Senate proceeded to consider the tion Safety of Dams Act of 1978 is amended by pared in accordance with section 12(b) of the bill (S. 1727) to authorize additional ap- inserting after section 5 (43 U.S.C. 509) the fol- Act of August 18, 1970 (16 U.S.C. 1a–7(b)).¿ propriations for the Reclamation Safe- lowing:

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.092 S15PT1 S9340 CONGRESSIONAL RECORD — SENATE September 15, 2004

‘‘SEC. 5A. (a) On identifying a Bureau of Rec- ø(4) cooperation between the United States ø(C) the Lower Rio Grande Water Users Or- lamation facility for modification, the Secretary and Mexico in assessing and understanding ganization. shall provide to the project beneficiaries written transboundary aquifers is necessary for the ø(10) WATER RESOURCES RESEARCH INSTI- notice— successful management of shared ground- TUTES.—The term ‘‘water resources research ‘‘(1) describing the need for the modification water resources by State and local authori- institutes’’ means the institutes within the and the process for identifying and imple- ties in the United States and appropriate au- Border States established under section 104 menting the modification; and thorities in Mexico, including management of the Water Resources Research Act of 1984 ‘‘(2) summarizing the administrative and legal that avoids conflict between the United (42 U.S.C. 10303). requirements relating to the modification. States and Mexico; øSEC. 4. ESTABLISHMENT OF PROGRAM. ‘‘(b) The Secretary shall— ø (5) while there have been some studies of ø(a) IN GENERAL.—The Secretary, in con- ‘‘(1) provide project beneficiaries an oppor- binational groundwater resources along the sultation and cooperation with the Border tunity to consult with the Bureau of Reclama- United States-Mexico border, additional data States, the Water Resources Research Insti- tion on the planning, design, and construction and analyses are needed to develop an accu- tutes, Sandia National Laboratories, and of the proposed modification; and rate understanding of the long-term avail- other appropriate entities in the United ‘‘(2) in consultation with project beneficiaries, ability of useable water supplies from States and Mexico, shall carry out the develop and provide timeframes for the con- transboundary aquifers; and United States-Mexico transboundary aquifer sultation described in paragraph (1). ø(6) the Border States— assessment program to characterize, map, ‘‘(c)(1) Prior to submitting the reports required ø(A) are primarily responsible for the man- and model transboundary groundwater re- under section 5, the Secretary shall consider any agement and allocation of groundwater resources along the United States-Mexico bor- alternative submitted in writing, in accordance sources within the respective boundaries of der at a level of detail determined to be ap- with the timeframes established under sub- the Border States; and propriate for the particular aquifer. section (b), by a project beneficiary that has ø (B) should have a cooperative role in the ø(b) OBJECTIVES.—The objectives of the elected to consult with the Bureau of Reclama- analysis and characterization of program are to— tion on a modification. transboundary aquifers. ø(1) develop and implement an integrated ‘‘(2) The Secretary shall provide to the project ø(b) PURPOSE.—The purpose of this Act is scientific approach to assess transboundary beneficiary a timely written response describing to direct the Secretary of the Interior to es- groundwater resources, including— proposed actions, if any, to address the rec- tablish a United States-Mexico ø(A)(i) identifying fresh and saline ommendation. transboundary aquifer assessment program transboundary aquifers; and ‘‘(3) The response of the Secretary shall be in- to— ø(ii) prioritizing the transboundary cluded in the reports required by section 5. ø(1) systematically assess priority ‘‘(d) The Secretary may waive 1 or more of the aquifers for further analysis by assessing— transboundary aquifers; and ø(I) the proximity of the transboundary aq- requirements of subsections (a), (b), and (c), if ø(2) provide the scientific foundation nec- the Secretary determines that implementation of uifer to areas of high population density; essary for State and local officials to address ø(II) the extent to which the the requirement could have an adverse impact pressing water resource challenges in the on dam safety or security.’’. transboundary aquifer is used; and United States-Mexico border region. ø The committee amendment in the (III) the susceptibility of the øSEC. 3. DEFINITIONS. transboundary aquifer to contamination; nature of a substitute was agreed to. øIn this Act: ø(B) evaluating all available data and pub- The bill (S. 1727), as amended, was ø(1) AQUIFER.—The term ‘‘aquifer’’ means a lications as part of the development of study read the third time and passed. subsurface water-bearing geologic formation plans for each priority transboundary aqui- f from which significant quantities of water fer; may be extracted. ø(C) creating a geographic information sys- UNITED STATES-MEXICO TRANS- ø(2) BORDER STATE.—The term ‘‘Border tem database to characterize the spatial and BOUNDARY AQUIFER ASSESS- State’’ means each of the States of Arizona, temporal aspects of each priority MENT ACT California, New Mexico, and Texas. transboundary aquifer; and The Senate proceeded to consider the ø(3) INDIAN TRIBE.—The term ‘‘Indian ø(D) using field studies, including support bill (S. 1957) to authorize the Secretary tribe’’ means an Indian tribe, band, nation, for and expansion of ongoing monitoring and or other organized group or community— metering efforts, to develop any additional of the Interior to cooperate with the ø(A) that is recognized as eligible for the data that are needed to define aquifer char- States on the border with Mexico and special programs and services provided by acteristics to the extent necessary to enable other appropriate entities in con- the United States to Indians because of their the development of groundwater flow models ducting a hydrogeologic characteriza- status as Indians; and to assess sustainable water yields for each tion, mapping, and modeling program ø(B) the reservation of which includes a priority transboundary aquifer; for priority transboundary aquifers, transboundary aquifer within the exterior ø(2) expand existing agreements, as appro- and for other purposes, which had been boundaries of the reservation. priate, between the United States Geological ø reported from the Committee on En- (4) PRIORITY TRANSBOUNDARY AQUIFER.— Survey, the Border States, the Water Re- The term ‘‘priority transboundary aquifer’’ sources Research Institutes, and appropriate ergy and Natural Resources, with an means a transboundary aquifer that has been authorities in the United States and Mexico, amendment to strike all after the en- designated for study and analysis under the to— acting clause and insert in lieu thereof program. ø(A) conduct joint scientific investiga- the following: ø(5) PROGRAM.—The term ‘‘program’’ tions; (Strike the part shown in black brackets means the United States-Mexico ø(B) archive and share relevant data; and and insert the part shown in italic.) transboundary aquifer assessment program ø(C) carry out any other activities con- S. 1957 established under section 4(a). sistent with the program; and ø(6) RESERVATION.—The term ‘‘reserva- ø(3) produce scientific products for each Be it enacted by the Senate and House of Rep- tion’’ means land that has been set aside or priority transboundary aquifer to provide resentatives of the United States of America in that has been acknowledged as having been the scientific information needed by water Congress assembled, set aside by the United States for the use of managers and natural resource agencies on øSECTION 1. SHORT TITLE. an Indian tribe, the exterior boundaries of both sides of the United States-Mexico bor- øThis Act may be cited as the ‘‘United which are more particularly defined in a der to effectively accomplish the missions of States-Mexico Transboundary Aquifer As- final tribal treaty, agreement, executive the managers and agencies. sessment Act’’. order, Federal statute, secretarial order, or ø(c) DESIGNATION OF CERTAIN AQUIFERS.— øSEC. 2. FINDINGS AND PURPOSE. judicial determination. For purposes of the program, the Secretary ø(a) FINDINGS.—Congress finds that— ø(7) SECRETARY.—The term ‘‘Secretary’’ shall designate the Hueco Bolson and Mesilla ø(1) rapid population growth in the United means the Secretary of the Interior, acting aquifers underlying parts of Texas, New Mex- States-Mexico border region over the last through the Director of the United States ico, and Mexico as priority transboundary decade has placed major strains on limited Geological Survey. aquifers. water supplies in the region; ø(8) TRANSBOUNDARY AQUIFER.—The term ø(d) COOPERATION WITH MEXICO.—To ensure ø(2) water quantity and quality issues are ‘‘transboundary aquifer’’ means an aquifer a comprehensive assessment of likely to be the determining and limiting that underlies the boundary between the transboundary aquifers, the Secretary shall, factors affecting future economic develop- United States and Mexico. to the maximum extent practicable, work ment, population growth, and human health ø(9) TRI-REGIONAL PLANNING GROUP.—The with appropriate Federal agencies and other in the border region; term ‘‘Tri-Regional Planning Group’’ means organizations to develop partnerships with, ø(3) increasing use of groundwater re- the binational planning group comprised of— and receive input from, relevant organiza- sources in the border region by municipal ø(A) the Junta Municipal de Aqua y tions in Mexico to carry out the program. and other water users has raised serious Saneamiento de Ciudad Juarez; ø(e) GRANTS AND COOPERATIVE AGREE- questions concerning the long-term avail- ø(B) the El Paso Water Utilities Public MENTS.—The Secretary may provide grants ability of the water supply; Service Board; and or enter into cooperative agreements and

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STATE AND TRIBAL ROLE. the United States-Mexico transboundary aquifer (3) produce scientific products for each pri- ø(a) COORDINATION.—The Secretary shall assessment program established under section ority transboundary aquifer that— (A) are capable of being broadly distributed; coordinate the activities carried out under 4(a). and the program with— (6) RESERVATION.—The term ‘‘reservation’’ ø means land that has been set aside or that has (B) provide the scientific information needed (1) the appropriate water resource agen- by water managers and natural resource agen- been acknowledged as having been set aside by cies in the Border States; and cies on both sides of the United States-Mexico ø the United States for the use of an Indian tribe, (2) any affected Indian tribes. border to effectively accomplish the missions of ø(b) NEW ACTIVITY.—After the date of en- the exterior boundaries of which are more par- the managers and agencies. ticularly defined in a final tribal treaty, agree- actment of this Act, the Secretary shall not (c) DESIGNATION OF PRIORITY TRANS- ment, executive order, Federal statute, secre- initiate any field studies to develop data or BOUNDARY AQUIFERS.— develop any groundwater flow models for a tarial order, or judicial determination. (1) IN GENERAL.—For purposes of the program, priority transboundary aquifer under the (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary shall designate as priority program before consulting with, and coordi- the Secretary of the Interior, acting through the transboundary aquifers— nating the activity with, the Border State Director of the United States Geological Survey. (A) the Hueco Bolson and Mesilla aquifers water resource agency that has jurisdiction (8) TRANSBOUNDARY AQUIFER.—The term underlying parts of Texas, New Mexico, and over the aquifer. ‘‘transboundary aquifer’’ means an aquifer that Mexico; and øSEC. 6. AUTHORIZATION OF APPROPRIATIONS. underlies the boundary between the United (B) the Santa Cruz River Valley aquifers un- ø(a) IN GENERAL.—There are authorized to States and Mexico. derlying Arizona and Sonora, Mexico. be appropriated to carry out this Act (9) TRI-REGIONAL PLANNING GROUP.—The term (2) ADDITIONAL AQUIFERS.—The Secretary $50,000,000 for the period of fiscal years 2005 ‘‘Tri-Regional Planning Group’’ means the bi- shall, using the criteria under subsection through 2014. national planning group comprised of— (b)(1)(A)(ii), evaluate and designate additional ø(b) DISTRIBUTION OF FUNDS.—Of the (A) the Junta Municipal de Aqua y priority transboundary aquifers. amounts made available under subsection Saneamiento de Ciudad Juarez; (d) COOPERATION WITH MEXICO.—To ensure a (a), 50 percent shall be made available to the (B) the El Paso Water Utilities Public Service comprehensive assessment of transboundary Water Resource Research Institutes to pro- Board; and aquifers, the Secretary shall, to the maximum vide funding to appropriate entities in the (C) the Lower Rio Grande Water Users Orga- extent practicable, work with appropriate Fed- Border States (including Sandia National nization. eral agencies and other organizations to develop Laboratories, State agencies, universities, (10) WATER RESOURCES RESEARCH INSTI- partnerships with, and receive input from, rel- the Tri-Regional Planning Group, and other TUTES.—The term ‘‘water resources research in- evant organizations in Mexico to carry out the relevant organizations) and Mexico to constitutes’’ means the institutes within the Border program. (e) GRANTS AND COOPERATIVE AGREEMENTS.— duct activities under the program, including States established under section 104 of the Water The Secretary may provide grants or enter into the binational collection and exchange of Resources Research Act of 1984 (42 U.S.C. cooperative agreements and other agreements scientific data. 10303). with the water resources research institutes and ø SEC. 7. REPORTS. SEC. 4. ESTABLISHMENT OF PROGRAM. other Border State entities to carry out the pro- øNot later than 5 years after the date of (a) IN GENERAL.—The Secretary, in consulta- gram. enactment of this Act, and on completion of tion and cooperation with the Border States, the SEC. 5. IMPLEMENTATION OF PROGRAM. the program in fiscal year 2014, the Sec- water resources research institutes, Sandia Na- (a) COORDINATION WITH STATES, TRIBES, AND retary shall submit to the appropriate water tional Laboratories, and other appropriate enti- OTHER ENTITIES.—The Secretary shall coordi- resource agency in the Border States, an in- ties in the United States and Mexico, shall carry nate the activities carried out under the pro- terim and final report, respectively, that de- out the United States-Mexico transboundary aq- gram with— scribes— uifer assessment program to characterize, map, (1) the appropriate water resource agencies in ø(1) any activities carried out under the and model transboundary groundwater re- the Border States; program; sources along the United States-Mexico border (2) any affected Indian tribes; and ø(2) any conclusions of the Secretary relat- at a level of detail determined to be appropriate (3) any other appropriate entities that are ing to the status of transboundary aquifers; for the particular aquifer. conducting monitoring and metering activity and (b) OBJECTIVES.—The objectives of the pro- with respect to a priority transboundary aqui- ø(3) the level of participation in the program are to— fer. gram of entities in Mexico.¿ (1) develop and implement an integrated sci- (b) NEW ACTIVITY.—After the date of enact- SECTION 1. SHORT TITLE. entific approach to assess transboundary ment of this Act, the Secretary shall not initiate This Act may be cited as the ‘‘United States- groundwater resources, including— any new field studies or analyses under the pro- Mexico Transboundary Aquifer Assessment (A)(i) identifying fresh and saline gram before consulting with, and coordinating Act’’. transboundary aquifers; and the activity with, any Border State water resource agencies that have jurisdiction over the SEC. 2. PURPOSE. (ii) prioritizing the transboundary aquifers for aquifer. The purpose of this Act is to direct the Sec- further analysis by assessing— (I) the proximity of the transboundary aquifer (c) STUDY PLANS; COST ESTIMATES.— retary of the Interior to establish a United (1) IN GENERAL.—The Secretary shall work States-Mexico transboundary aquifer assessment to areas of high population density; (II) the extent to which the transboundary aq- closely with appropriate Border State water reprogram to— source agencies, water resources research insti- uifer is used; (1) systematically assess priority tutes, and other relevant entities to develop a (III) the susceptibility of the transboundary transboundary aquifers; and study plan, timeline, and cost estimate for each aquifer to contamination; and (2) provide the scientific foundation necessary priority transboundary aquifer to be studied (IV) any other relevant criteria; for State and local officials to address pressing under the program. (B) evaluating all available data and publica- water resource challenges in the United States- (2) REQUIREMENTS.—A study plan developed Mexico border region. tions as part of the development of study plans under paragraph (1) shall, to the maximum ex- SEC. 3. DEFINITIONS. for each priority transboundary aquifer; tent practicable— In this Act: (C) creating a new, or enhancing an existing, (A) integrate existing data collection and (1) AQUIFER.—The term ‘‘aquifer’’ means a geographic information system database to analyses conducted with respect to the priority subsurface water-bearing geologic formation characterize the spatial and temporal aspects of transboundary aquifer; from which significant quantities of water may each priority transboundary aquifer; and (B) if applicable, improve and strengthen ex- be extracted. (D) using field studies, including support for isting groundwater flow models developed for (2) BORDER STATE.—The term ‘‘Border State’’ and expansion of ongoing monitoring and me- the priority transboundary aquifer; and means each of the States of Arizona, California, tering efforts, to develop— (C) be consistent with appropriate State New Mexico, and Texas. (i) the additional data necessary to ade- guidelines and goals. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ quately define aquifer characteristics; and SEC. 6. EFFECT. means an Indian tribe, band, nation, or other (ii) scientifically sound groundwater flow Nothing in this Act affects— organized group or community— models to assist with State and local water man- (1) the jurisdiction or responsibility of a Bor- (A) that is recognized as eligible for the spe- agement and administration, including modeling der State with respect to managing surface or cial programs and services provided by the of relevant groundwater and surface water groundwater resources in the Border State; or United States to Indians because of their status interactions; (2) the water rights of any person or entity as Indians; and (2) expand existing agreements, as appro- using water from a transboundary aquifer. (B) the reservation of which includes a priate, between the United States Geological SEC. 7. REPORTS. transboundary aquifer within the exterior Survey, the Border States, the water resources Not later than 5 years after the date of enact- boundaries of the reservation. research institutes, and appropriate authorities ment of this Act, and on completion of the pro- (4) PRIORITY TRANSBOUNDARY AQUIFER.—The in the United States and Mexico, to— gram in fiscal year 2014, the Secretary shall sub- term ‘‘priority transboundary aquifer’’ means a (A) conduct joint scientific investigations; mit to the appropriate water resource agency in

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the Border States, an interim and final report, ø‘‘(5) BOUNDARY ADJUSTMENT.—On comple- park to reflect the exchange of the National respectively, that describes— tion of the land exchange under paragraph Park Service land and the District land. (1) any activities carried out under the pro- (2), the Secretary shall modify the boundary ‘‘(4) AVAILABILITY OF MAP.—The map shall be gram; of the park to reflect the exchange of the on file and available for public inspection in the (2) any conclusions of the Secretary relating Federal land and non-Federal land.’’.¿ appropriate offices of the National Park Serv- to the status of transboundary aquifers; and SECTION 1. EVERGLADES NATIONAL PARK. ice.’’. (3) the level of participation in the program of Section 102 of the Everglades National Park SEC. 2. BIG CYPRESS NATIONAL PRESERVE. entities in Mexico. Protection and Expansion Act of 1989 (16 U.S.C. Subsection (d)(3) of the first section of Public SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 410r–6) is amended— Law 93–440 (16 U.S.C. 698f) is amended by strik- (a) IN GENERAL.—There are authorized to be (1) in subsection (a)— ing ‘‘The amount described in paragraph (1)’’ appropriated to carry out this Act $50,000,000 for (A) by striking ‘‘The park boundary’’ and in- and inserting ‘‘The amount described in para- the period of fiscal years 2005 through 2014. serting the following: graph (2)’’. (b) DISTRIBUTION OF FUNDS.—Of the amounts ‘‘(1) IN GENERAL.—The park boundary’’; The committee amendment in the made available under subsection (a), 50 percent (B) by striking ‘‘The map’’ and inserting the nature of a substitute was agreed to. shall be made available to the water resources following: The bill (S. 2046), as amended, was research institutes to provide funding to appro- ‘‘(2) AVAILABILITY OF MAP.—The map’’; and read the third time and passed. priate entities in the Border States (including (C) by adding at the end the following: f Sandia National Laboratories, State agencies, ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— universities, the Tri-Regional Planning Group, ‘‘(A) IN GENERAL.—The Secretary may acquire TAPOCO PROJECT LICENSING ACT and other relevant organizations) and Mexico to from 1 or more willing sellers not more than 10 OF 2004 conduct activities under the program, including acres of land located outside the boundary of the binational collection and exchange of sci- the park and adjacent to or near the East Ever- The Senate proceeded to consider the entific data. glades area of the park for the development of bill (S. 2319) to authorize and facilitate The committee amendment in the administrative, housing, maintenance, or other hydroelectric power licensing of the nature of a substitute was agreed to. park purposes. Tapoco Project, which had been re- The bill (S. 1957), as amended, was ‘‘(B) ADMINISTRATION; APPLICABLE LAW.—On ported from the Committee on Energy read the third time and passed. acquisition of the land under subparagraph (A), and Natural Resources, with an amend- f the land shall be administered as part of the ment to strike all after the enacting park in accordance with the laws (including LAND EXCHANGE IN EVERGLADES regulations) applicable to the park.’’; and clause and insert in lieu thereof the NATIONAL PARK (2) by adding at the end the following: following: (Strike the part shown in black brackets The Senate proceeded to consider the ‘‘(h) LAND EXCHANGES.— ‘‘(1) DEFINITIONS.—In this subsection: and insert the part shown in italic.) bill (S. 2046) to authorize the exchange ‘‘(A) ADMINISTRATOR.—The term ‘Adminis- S. 2319 of certain land in Everglades National trator’ means the Administrator of General Serv- Be it enacted by the Senate and House of Rep- Park, which had been reported from ices. resentatives of the United States of America in the Committee on Energy and Natural ‘‘(B) COUNTY.—The term ‘County’ means Congress assembled, Miami-Dade County, Florida. Resources, with an amendment to øSECTION 1. SHORT TITLE. ‘‘(C) COUNTY LAND.—The term ‘County land’ strike all after the enacting clause and øThis Act may be cited as the ‘‘Tapoco means the 2 parcels of land owned by the Coun- insert in lieu thereof the following: Project Licensing Act of 2004’’. ty totaling approximately 152.93 acres that are ø (Strike the part shown in black brackets designated as ‘Tract 605–01’ and ‘Tract 605–03’. SEC. 2. PURPOSE. and insert the part shown in italic.) ø ‘‘(D) DISTRICT.—The term ‘District’ means the The purpose of this Act is to resolve juris- S. 2046 South Florida Water Management District. dictional issues regarding hydroelectric Be it enacted by the Senate and House of Rep- ‘‘(E) DISTRICT LAND.—The term ‘District land’ power licensing of FERC Project No. 2169 resentatives of the United States of America in means the approximately 1,054 acres of District (the Tapoco Project or Project) by author- Congress assembled, land located in the Southern Glades Wildlife izing— ø(1) the Secretary of the Interior to com- øSECTION 1. EVERGLADES NATIONAL PARK LAND and Environmental Area and identified on the EXCHANGE. map as ‘South Florida Water Management Dis- plete, as soon as practicable after the date of øSection 102 of the Everglades National trict Exchange Lands’. enactment of this Act, an exchange of cer- Park Protection and Expansion Act of 1989 ‘‘(F) GENERAL SERVICES ADMINISTRATION tain land; and ø (16 U.S.C. 410r–6) is amended by adding at the LAND.—The term ‘General Services Administra- (2) after the exchange of land is com- end the following: tion land’ means the approximately 595.28 acres pleted, the Federal Energy Regulatory Com- ø‘‘(h) LAND EXCHANGE.— of land designated as ‘Site Alpha’ that is de- mission to license the Project. ø ø‘‘(1) DEFINITIONS.—In this subsection: clared by the Department of the Navy to be ex- SEC. 3. DEFINITIONS. ø‘‘(A) DISTRICT.—The term ‘District’ means cess land. øIn this Act: the South Florida Water Management Dis- ‘‘(G) MAP.—The term ‘map’ means the map ø(1) APGI.—The term ‘‘APGI’’ means Alcoa trict. entitled ‘Boundary Modification for C–111 Power Generating Inc. (including its succes- ø‘‘(B) FEDERAL LAND.—The term ‘Federal Project, Everglades National Park’, numbered sors and assigns). land’ means the approximately 1,054 acres of 160/80,007A, and dated May 18, 2004. ø(2) ATTORNEY GENERAL.—The term ‘‘Attor- land located in the Rocky Glades area of the ‘‘(H) NATIONAL PARK SERVICE LAND.—The ney General’’ means the Attorney General of park and identified on the map as ‘NPS Ex- term ‘National Park Service land’ means the ap- the United States. change Lands’. proximately 1,054 acres of land located in the ø(3) COMMISSION.—The term ‘‘Commission’’ ø‘‘(C) MAP.—The term ‘map’ means the Rocky Glades area of the park and identified on means the Federal Energy Regulatory Com- map entitled ‘Boundary Modification for C– the map as ‘NPS Exchange Lands’. mission. 111 Project, Everglades National Park’, num- ‘‘(2) EXCHANGE OF GENERAL SERVICES ADMINIS- ø(4) PARK.—The term ‘‘Park’’ means the bered 160/80,007, and dated April 30, 2002. TRATION LAND AND COUNTY LAND.—The Adminis- Great Smoky Mountains National Park. ø‘‘(D) NON-FEDERAL LAND.—The term ‘non- trator shall convey to the County fee title to the ø(5) PROJECT.—The term ‘‘Project’’ means Federal land’ means the approximately 1,054 General Services Administration land in ex- FERC Project No. 2169 (the Tapoco Project acres of District land located in the South- change for the conveyance by the County to the or Project), including the Chilhowee Dam ern Glades Wildlife and Environmental Area Secretary of fee title to the County land. and reservoir in the State. and identified on the map as ‘South Florida ‘‘(3) EXCHANGE OF NATIONAL PARK SERVICE ø(6) SECRETARY.—The term ‘‘Secretary’’ Water Management District Exchange LAND AND DISTRICT LAND.— means the Secretary of the Interior. Lands’. ‘‘(A) IN GENERAL.—As soon as practicable ø(7) SETTLEMENT AGREEMENT.—The term ø‘‘(2) EXCHANGE.—The Secretary shall con- after the completion of the exchange under ‘‘Settlement Agreement’’ means the agree- vey to the District the fee title to the Fed- paragraph (2), the Secretary shall convey to the ment filed with the Commission among the eral land in exchange for the fee title to the District fee title to the National Park Service settling parties reached in the licensing of non-Federal land. land in exchange for fee title to the District the Project that describes the operational ø‘‘(3) AVAILABILITY OF MAP.—The map shall land. and protection, mitigation, and enhance- be on file and available for public inspection ‘‘(B) USE OF NATIONAL PARK SERVICE LAND.— ment measures for operation of the Project. in the appropriate offices of the National The National Park Service land conveyed to the ø(8) STATE.—The term ‘‘State’’ means the Park Service. District shall be used by the District for the pur- State of Tennessee. ø‘‘(4) USE OF FEDERAL LAND.—The Federal poses of the C–111 project, including restoration øSEC. 4. LAND EXCHANGE. land conveyed to the District shall be used of the Everglades natural system. ø(a) IN GENERAL.—The Secretary shall offer by the District compatible with the purposes ‘‘(C) BOUNDARY ADJUSTMENT.—On completion to acquire from APGI— of the C–111 project, including restoration of of the land exchange under subparagraph (A), ø(1) subject to any encumbrances existing the Everglades natural system. the Secretary shall modify the boundary of the before February 21, 2003, approximately 186

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acres of land (within the authorized bound- within or adjacent to the boundaries of the (2) COMMISSION.—The term ‘‘Commission’’ ary of the Park) located northeast of United Park from willing sellers; and means the Federal Energy Regulatory Commis- States Highway 129 and southwest of the ø(B) remain available until expended. sion. Tennessee Valley Authority power line; in ø(3) EFFECT ON CONVEYANCE.—Nothing in (3) MAP.—The term ‘‘map’’ means the map en- exchange for this subsection affects a conveyance by the titled ‘‘Tapoco Hydroelectric Project, P–2169, ø(2) approximately 100 acres of land within United States to APGI under subsection (a). Settlement Agreement, Appendix B, Proposed the Park that are— ø(f) BOUNDARY ADJUSTMENT.— Land Swap Areas, National Park Service and ø(A) adjacent to or flooded by the ø(1) IN GENERAL.—On completion of an ex- APGI’’, numbered TP514, Issue No. 9, and dated Chilhowee Reservoir; change authorized under this section, the June 8, 2004. ø(B) within the boundary of the Tapoco Secretary shall— (4) PARK.—The term ‘‘Park’’ means Great Project as of February 21, 2003; and ø(A) adjust the boundary of the Park to re- Smoky Mountains National Park. ø(C) shown on the map entitled ‘‘Tapoco flect the exchange; and (5) PROJECT.—The term ‘‘Project’’ means the Hydroelectric Project, P–2169, Settlement ø(B) administer any acquired land as part Tapoco Hydroelectric Project, FERC Project No. Agreement, Appendix C–5, Proposed Land of the Park in accordance with applicable 2169, including the Chilhowee Dam and Res- Swap Areas, National Park Service and law (including regulations). ervoir in the State of Tennessee. ø APGI’’, numbered TP514, Issue No. 8, and (2) PUBLIC NOTICE.—The Secretary shall (6) SECRETARY.—The term ‘‘Secretary’’ means dated March 11, 2004. publish in the Federal Register notice of any the Secretary of the Interior. boundary revised under this subsection. ø(b) CONSERVATION EASEMENT.—The Sec- SEC. 3. LAND EXCHANGE. ø(g) COMPLIANCE WITH OTHER LAWS.—An retary shall reserve a conservation easement exchange of land under this section is (a) AUTHORIZATION.— over any land transferred to APGI that deemed to meet the requirements of— (1) IN GENERAL.—Upon the conveyance by shall— ø(1) the National Environmental Policy APGI of title acceptable to the Secretary of the ø(1) specifically prohibit any development Act of 1969 (42 U.S.C. 4321 et seq.); land identified in paragraph (2), the Secretary of the land by APGI, other than any develop- ø(2) the National Historic Preservation Act shall simultaneously convey to APGI title to the ment that is— land identified in paragraph (3). ø (16 U.S.C. 470 et seq.); and (A) necessary for the continued operation ø(3) the land exchange provisions of the (2) DESCRIPTION OF LAND TO BE CONVEYED BY and maintenance of the Chilhowee Reservoir; Land and Water Conservation Fund Act of APGI.—The land to be conveyed by APGI to the or 1965 (16 U.S.C. 460l–4 et seq.). Secretary is the approximately 186 acres of land, ø(B) required by the Commission; øSEC. 5. LICENSING. subject to any encumbrances existing before ø(2) authorize public access to the ease- øNotwithstanding any other provision of February 21, 2003— ment area subject to Park regulations and law, on completion of the land exchange or (A) within the authorized boundary of the the terms and restrictions imposed by the acquisition of equivalent land under section Park, located northeast of United States High- Commission in any license the Commission 4, the Commission shall have jurisdiction to way 129 and adjacent to the APGI power line; may issue for the project; and license the Project . and ø(3) authorize the National Park Service to øSEC. 6. LAND ACQUISITION. (B) as generally depicted on the map as ‘‘Pro- enforce Park regulations on the land and in ø(a) SECRETARY OF THE INTERIOR.— posed Property Transfer from APGI to National and on the waters of Chilhowee Reservoir ø(1) IN GENERAL.—The Secretary may ac- Park Service’’. lying on the land, to the extent not incon- quire, for the United States, title to land in (3) DESCRIPTION OF LAND TO BE CONVEYED BY sistent with any license conditions consid- the State that may be transferred by APGI THE SECRETARY.—The land to be conveyed by ered necessary by the Commission. to any nongovernmental organization (as the Secretary to APGI are the approximately 110 ø(c) REVERSION.—The deed from the Sec- shown on the map entitled ‘‘Tapoco Hydro- acres of land within the Park that are— retary to APGI shall contain a provision electric Project, P–2169, Settlement Agree- (A) adjacent to or flooded by the Chilhowee that requires the fee simple title for the ment, Appendix C–5, Proposed Land Convey- Reservoir; Chilhowee Dam to revert to the United ances in Tennessee’’, numbered TP616, Issue (B) within the boundary of the Project as of States if the Dam is breached or removed. No. 15, and dated March 11, 2004) pursuant to February 21, 2003; and ø(d) UNSUITABLE LAND.— the Settlement Agreement. (C) as generally depicted on the map as ‘‘Pro- ø(1) IN GENERAL.—If the Secretary deter- ø(2) BOUNDARY ADJUSTMENT.—The Sec- posed Property Transfer from National Park mines that all or part of a tract of land ac- retary shall— Service to APGI’’. quired under subsection (a) is unsuitable for ø(A) adjust the boundary of the Park to in- (b) MINOR ADJUSTMENTS TO CONVEYED the Park, the Secretary shall provide APGI clude any land acquired under paragraph (1); LAND.—The Secretary and APGI may mutually with an opportunity to make the tract suit- and agree to make minor boundary or acreage ad- able for inclusion in the Park. ø(B) publish notice of the adjustment in justments to the land identified in paragraphs ø(2) LAND NOT SUITABLE.—If APGI is unable the Federal Register. (2) and (3) of subsection (a). to make the tract suitable for inclusion in ø(b) SECRETARY OF AGRICULTURE.— (c) OPPORTUNITY TO MITIGATE.—If the Sec- the Park (as determined by the Secretary) or ø(1) IN GENERAL.—The Secretary of Agri- retary determines that all or part of the land to elects not to make the tract suitable for in- culture may acquire, for the United States, be conveyed to the Park under subsection (a) is clusion— title to land in the State that may be trans- unsuitable for inclusion in the Park, APGI shall ø(A) the transfer of the land is voided, on ferred to any nongovernmental organization have the opportunity to make the land suitable written notice from the Secretary to APGI; pursuant to the Settlement Agreement de- for inclusion in the Park. and scribed in subsection (a)(1). (d) CONSERVATION EASEMENT.—The Secretary ø(B) the Secretary shall negotiate an ac- ø(2) BOUNDARY ADJUSTMENT.—The Sec- shall reserve a conservation easement over any quisition for inclusion in the Park of suit- retary of Agriculture shall— land transferred to APGI under subsection able land that is— ø(A) adjust the boundary of the Cherokee (a)(3) that, subject to any terms and conditions ø(i) of approximately equal value to the National Forest to include any land acquired imposed by the Commission in any license that land acquired by APGI for inclusion in the under paragraph (1); and the Commission may issue for the Project, Park; and ø(B) publish notice of the adjustment in shall— ø(ii) within or adjacent to the boundary of the Federal Register. (1) specifically prohibit any development of the Park. ø(3) MANAGEMENT.—The Secretary of Agri- the land by APGI, other than any development ø(e) ACTION FOR FAIR MARKET VALUE OF culture shall evaluate whether it is feasible that is necessary for the continued operation LAND.— and practicable to manage any land acquired and maintenance of the Chilhowee Reservoir; ø(1) IN GENERAL.—If the Secretary deter- for the Cherokee National Forest under para- (2) authorize public access to the easement mines that negotiations for substitute land graph (1) in a manner that retains the primi- area, subject to National Park Service regula- described in subsection (d)(2)(B) are at an tive, back-country character of the land. tions; and impasse, the Secretary shall request the At- øSEC. 7. AUTHORIZATION FOR APPROPRIATIONS. (3) authorize the National Park Service to en- torney General to seek compensation for— øThere are authorized to be appropriated force Park regulations on the land and in and ø(A) the fair market value of the land or such sums as are necessary for the United on the waters of Chilhowee Reservoir lying on interests in land that would have been trans- States to acquire interests in land and to the land, to the extent not inconsistent with any ferred to the Park had the land not been af- otherwise effectuate the purposes and terms license condition considered necessary by the fected by the encumbrances or defects that of the land transfer provisions of the Settle- Commission. made the land unsuitable for inclusion in the ment Agreement.¿ (e) APPLICABILITY OF CERTAIN LAWS.—Section Park; and SECTION 1. SHORT TITLE. 5(b) of Public Law 90–401 (16 U.S.C. 460l–22(b)), ø(B) the costs and litigation expenses of This Act may be cited as the ‘‘Tapoco Project shall not apply to the land exchange authorized the United States, including attorney fees. Licensing Act of 2004’’. under this section. ø(2) FUNDS.—All funds recovered from any SEC. 2. DEFINITIONS. (f) REVERSION.— action under paragraph (1) shall— In this Act: (1) IN GENERAL.—The deed from the Secretary ø(A) be immediately available, without (1) APGI.—The term ‘‘APGI’’ means Alcoa to APGI shall contain a provision that requires further appropriation from the Treasury, for Power Generating Inc. (including its successors the land described in subsection (a)(3) to revert use by the Secretary for acquisition of land and assigns). to the United States if—

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00103 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.096 S15PT1 S9344 CONGRESSIONAL RECORD — SENATE September 15, 2004 (A) the Chilhowee Reservoir ceases to exist; or Frannie, Wyoming, certain land with- ing unique land forms, scenic beauty, cul- (B) the Commission issues a final order decom- drawn by the Commissioner of Rec- tural sites, and habitats used by various spe- missioning the Project from which no further lamation, which had been reported cies of raptors and other birds, mammals, appeal may be taken. from the Committee on Energy and reptiles, and amphibians. (2) APPLICABLE LAW.—A reversion under this ø(2) There are archaeological and historic subsection shall not eliminate APGI’s responsi- Natural Resources, with an amend- sites in the Area resulting from at least bility to comply with all applicable provisions of ment, as follows: 10,000 years of use for subsistence and com- the Federal Power Act (16 U.S.C. 791a et seq.), [Insert the part shown in italic.] merce. including regulations. S. 155 ø(3) The archaeological sites represent re- (g) BOUNDARY ADJUSTMENT.— Be it enacted by the Senate and House of Rep- gional ancestry, including Paleo-Indian and (1) IN GENERAL.—On completion of the land nomadic bands of Ute and Apache. exchange authorized under this section, the Sec- resentatives of the United States of America in Congress assembled, ø(4) The Area contains exceptional scenic retary shall— values and opportunities for wildlife viewing. (A) adjust the boundary of the Park to in- SECTION 1. CONVEYANCE OF LAND TO THE TOWN ø(5) Approximately 2,771 acres of land with- clude the land described in subsection (a)(2); OF FRANNIE, WYOMING. in the Area are owned by the United States and (a) CONVEYANCE.—Subject to valid existing (B) administer any acquired land as part of rights, the Secretary of the Interior shall and administered by the Secretary, acting the Park in accordance with applicable law (in- convey by quitclaim deed, without consider- through the Director of the Bureau of Land cluding regulations). ation, all right, title, and interest of the Management, and approximately 7,885 acres (2) NATIONAL PARK SERVICE LAND.—Notwith- United States in and to the parcel of land de- of land within the Area are owned by private standing the exchange of land under this sec- scribed in subsection (b) to the town of landowners. ø tion, the land described in subsection (a)(3) Frannie, Wyoming. (6) The Area is located downstream from shall remain in the boundary of the Park. (b) DESCRIPTION OF LAND.—The parcel of areas in Colorado of significant and long- (3) PUBLIC NOTICE.—The Secretary shall pub- land referred to in subsection (a) is the par- standing water development and use. ø lish in the Federal Register notice of any bound- cel of land withdrawn by the Commissioner (7) The availability of water for use in ary revised under paragraph (1). of Reclamation— Colorado is governed, in significant part, by SEC. 4. PROJECT LICENSING. (1) consisting of approximately 37,500 the Compact, which obligates the State of Notwithstanding the continued inclusion of square feet; Colorado to deliver certain quantities of the land described in section 3(a)(3) in the (2) located in the town of Frannie, Wyo- water to the Colorado-New Mexico State line boundary of the Park (including any modifica- ming; and for the benefit of the States of New Mexico tion made pursuant to section 3(b)) on comple- (3) more particularly described in the ap- and Texas in accordance with the terms of tion of the land exchange, the Commission shall proved Plat of Survey of Frannie Townsite, the Compact. ø(8) Because of the allocations of water have jurisdiction to license the Project. Wyoming, as the North 1⁄2 of Block 26, T. 58 SEC. 5. LAND ACQUISITION. N, R. 97 W. made by the Compact to downstream States, the levels of use and development of water in (a) IN GENERAL.—The Secretary or the Sec- (c) RESERVATION OF MINERAL RIGHTS.—The retary of Agriculture may acquire, by purchase, conveyance under subsection (a) shall be sub- Colorado, and the unpredictable and seasonal donation, or exchange, any land or interest in ject to the reservation by the United States nature of the water supply, the Secretary land that— of any oil and gas rights. shall manage the land within the Area to ac- (1) may be transferred by APGI to any non- (d) REVOCATIONS.— complish the purposes of this Act without governmental organization; and (1) SPECIAL USE PERMIT.—The special use asserting reserved water rights for instream (2) is identified as ‘‘Permanent Easement’’ or permit issued by the Commissioner of Rec- flows or appropriating or acquiring water ‘‘Term Easement’’ on the map entitled ‘‘Tapoco lamation, numbered O–LM–60–L1413, and rights for that purpose. ø Hydroelectric Project, P–2169, Settlement Agree- dated April 20, 1990, is revoked with respect (b) PURPOSES.—The purposes of this Act ment, Appendix B, Proposed Land Conveyances to the land described in subsection (b). are to conserve, restore, and protect for fu- in Tennessee’’, numbered TP616, Issue No. 15, (2) SECRETARIAL ORDERS.—The following ture generations the natural, ecological, his- and dated March 11, 2004. Secretarial Orders issued by the Commis- toric, scenic, recreational, wildlife, and envi- (b) LAND ACQUIRED BY THE SECRETARY OF THE sioner of Reclamation are revoked with re- ronmental resources of the Area. INTERIOR.—The Secretary shall— spect to the land described in subsection (b): øSEC. 3. DEFINITIONS. (1) adjust the boundary of the Park to include (A) The Secretarial Order for the with- øIn this Act: any land or interest in land acquired by the Sec- drawal of land for the Shoshone Reclamation ø(1) AREA.—The term ‘‘Area’’ means the retary under subsection (a); Project dated October 21, 1913, as amended. Rio Grande Outstanding Natural Area estab- (2) administer any acquired land or interest in (B) The Secretarial Order for the with- lished under section 4. land as part of the Park in accordance with ap- drawal of land for the Frannie Townsite Res- ø(2) AREA MANAGEMENT PLAN.—The term plicable law (including regulations); and ervation dated April 19, 1920. ‘‘Area Management Plan’’ means the plan (3) publish notice of the adjustment in the The committee amendment was developed by the Commission in cooperation Federal Register. with Federal, State, and local agencies and (c) LAND ACQUIRED BY THE SECRETARY OF AG- agreed to. The bill (S. 155), as amended, was approved by the Secretary. RICULTURE.— ø(3) COMMISSION.—The term ‘‘Commission’’ (1) BOUNDARY ADJUSTMENT.—The Secretary of read the third time and passed. means the Rio Grande Outstanding Natural Agriculture shall— f Area Commission as established in this Act. (A) adjust the boundary of the Cherokee Na- ø(4) COMPACT.—The term ‘‘Compact’’ tional Forest to include any land acquired RIO GRANDE NATURAL AREA ACT means the Rio Grande Compact, consented under subsection (a); (B) administer any acquired land or interest The Senate proceeded to consider the to by Congress in the Act of May 31, 1939 (53 in land as part of the Cherokee National Forest bill (S. 1467) to establish the Rio Stat. 785, chapter 155). ø in accordance with applicable law (including Grande Outstanding Natural Area in (5) MAP.—The term ‘‘Map’’ means the map regulations); and the State of Colorado, and for other entitled ‘‘ll’’, dated ll, and numbered (C) publish notice of the adjustment in the ll. purposes, which had been reported from ø Federal Register. (6) PUBLIC LANDS.—The term ‘‘public the Committee on Energy and Natural lands’’ has the meaning given that term in (2) MANAGEMENT.—The Secretary of Agri- Resources, with an amendment to culture shall evaluate the feasibility of man- section 103 of the Federal Land Policy and aging any land acquired by the Secretary of Ag- strike all after the enacting clause and Management Act of 1976 (43 U.S.C. 1702). riculture under subsection (a) in a manner that insert in lieu thereof the following: ø(7) SECRETARY.—The term ‘‘Secretary’’ retains the primitive, back-country character of (Strike the part shown in black brackets means the Secretary of the Interior. the land. and insert the part shown in italic.) ø(8) STATE.—The term ‘‘State’’ means the State of Colorado. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. S. 1467 øSEC. 4. ESTABLISHMENT OF AREA. There are authorized to be appropriated such Be it enacted by the Senate and House of Rep- ø(a) IN GENERAL.—There is established the sums as are necessary to carry out this Act. resentatives of the United States of America in Rio Grande Outstanding Natural Area. The committee amendment in the Congress assembled, nature of a substitute was agreed to. ø(b) BOUNDARIES.—The Area shall consist øSECTION 1. SHORT TITLE. of approximately 10,656 acres extending for a The bill (S. 2319), as amended, was øThis Act may be cited as the ‘‘Rio Grande read the third time and passed. distance of 33.3 miles along the Rio Grande Outstanding Natural Area Act’’. River in southern Colorado from the south- f øSEC. 2. FINDINGS AND PURPOSES. ern boundary of the Alamosa National Wild- FRANNIE, WYOMING LAND ø(a) FINDINGS.—Congress finds as follows: life Refuge to the Colorado-New Mexico ø CONVEYANCE (1) Preservation and restoration of the State line, encompassing the Rio Grande land in the Area are required to preserve the River and its adjacent riparian areas extend- The Senate proceeded to consider the Area’s unique scientific, scenic beauty, edu- ing not more than 1,320 feet on either side of bill (S. 155) to convey to the town of cational, and environmental values, includ- the river.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.096 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9345

ø(c) MAP AND LEGAL DESCRIPTION.— ø(b) POWERS OF MEMBERS AND AGENTS.— øSEC. 8. TERMINATION OF THE COMMISSION. ø(1) LEGAL DESCRIPTION.—As soon as prac- Any member or agent of the Commission, if ø(a) TERMINATION.—Except as provided in ticable after the date of enactment of this so authorized by the Commission, may take subsection (b), the Commission shall termi- Act, the Secretary shall file a legal descrip- any action which the Commission is author- nate 10 years and 6 months after the date of tion of the Area in the office of the Director ized to take by this Act. the enactment of this Act. ø(b) EXTENSIONS.—The Commission may be of the Bureau of Land Management, Depart- ø(c) ACQUISITION OF REAL PROPERTY.—Ex- ment of the Interior, in Washington, District cept as provided in section 12, the Commis- extended for a period of not more than 5 years beginning on the day of termination of Columbia, and the Office of the Colorado sion may not acquire any real property or in- specified in subsection (a) if, not later than State Director of the Bureau of Land Man- terest in real property. 180 days before that day, the Commission— agement. ø(d) COOPERATIVE AGREEMENTS.—For pur- ø ø(1) determines that such an extension is (2) FORCE AND EFFECT.—The Map and legal poses of carrying out the Area Management description of the Area shall have the same necessary in order to carry out the purpose Plan, the Commission may enter into coop- of this Act; and force and effect as if they were included in erative agreements with the State, with any this Act, except that the Secretary may cor- ø(2) submits such proposed extension to the political subdivision of the State, or with Committee on Resources of the House of rect clerical and typographical errors in such any person. Any such cooperative agreement legal description as they may appear from Representatives and the Committee on En- shall, at a minimum, establish procedures ergy and Natural Resources of the Senate. time to time. for providing notice to the Commission of ø øSEC. 9. ADMINISTRATION BY SECRETARY. (3) PUBLIC AVAILABILITY.—The Map and any action proposed by the State, a political ø(a) PLAN APPROVAL; PUBLICATION.—Not legal description of the Area shall be avail- subdivision, or a person which may affect the able for public inspection in the office of the later than 60 days after the Secretary re- implementation of the Area Management ceives a proposed management plan from the Colorado State Director of the Bureau of Plan. Land Management, Department of the Inte- Commission, the Secretary, with the assist- rior in Denver, Colorado. øSEC. 7. DUTIES OF THE COMMISSION. ance of the Commission, shall initiate the environmental compliance activities which øSEC. 5. COMMISSION. ø(a) PREPARATION OF PLAN.—Not later than the Secretary determines to be appropriate ø(a) ESTABLISHMENT.—There is hereby es- 2 years after the Commission conducts its in order to allow the review of the proposed tablished the Rio Grande Outstanding Nat- first meeting, it shall submit to the Sec- plan and any alternatives thereto and to ural Area Commission. retary an Area Management Plan. The Area allow public participation in the environ- ø(b) PURPOSE.—The Commission shall as- Management Plan shall be— mental compliance activities. Thereafter, sist appropriate Federal, State, and local au- ø(1) based on existing Federal, State, and the Secretary shall approve an Area Manage- thorities in the development and implemen- local plans, but shall coordinate those plans and present a unified preservation, restora- ment Plan for the Area consistent with the tation of an integrated resource manage- Commission’s proposed plan to the extent ment plan for the Area called the Area Man- tion, and conservation plan for the Area; ø(2) developed in accordance with the pro- possible, that reflects the results of the envi- agement Plan. ronmental compliance activities undertaken. ø(c) MEMBERSHIP.—The Commission shall visions of section 202 of the Federal Land Not later than 18 months after the Secretary be composed of 9 members, designated or ap- Policy and Management Act of 1976 (43 receives the proposed management plan, the pointed not later than 6 months after the U.S.C. 1712); and Secretary shall publish the Area Manage- date of the enactment of this Act as follows: ø(3) consistent, to the extent possible, with the management plans adopted by the Direc- ment Plan in the Federal Register. ø(1) 2 officials of Department of the Inte- ø tor of the Bureau of Land Management for (b) ADMINISTRATION.—The Secretary shall rior designated by the Secretary, 1 of whom administer the lands owned by the United shall represent the Federal agency respon- adjacent properties in Colorado and New Mexico. States within the Area in accordance with sible for the management of the Area and 1 the laws and regulations applicable to public ø of whom shall be the manager of the (b) CONTENTS.—The Area Management lands and the Area Management Plan in such Alamosa National Wildlife Refuge. Plan shall include the following: a manner as shall provide for the following: ø ø (2) 2 individuals appointed by the Sec- (1) An inventory which includes any prop- ø(1) The conservation, restoration, and pro- retary, 1 of whom shall be based on the rec- erty in the Area which should be preserved, tection of the Area’s unique scientific, sce- ommendation of the State Governor, rep- restored, managed, developed, maintained, nic, educational, recreational, and wildlife resenting the Colorado Division of Wildlife, or acquired because of its natural, scientific, values. and 1 representing the Colorado Division of scenic, or environmental significance. ø(2) The continued use of the Area for pur- ø Water Resources responsible for the Rio (2) Recommended policies for resource poses of education, scientific study, and lim- Grande drainage. management which consider and detail the ited public recreation in a manner that does ø (3) 1 representative of the Rio Grande application of appropriate land and water not substantially impair the purposes for Water Conservation District appointed by management techniques, including the de- which the Area is established. the Secretary based on the recommendation velopment of intergovernmental cooperative ø(3) The protection of the wildlife habitat of the State Governor, representing the local agreements, that will protect the Area’s nat- of the Area. region in which the Area is established. ural, scenic, and wildlife resources and envi- ø(4) The elimination of opportunities to ø (4) 4 individuals appointed by the Sec- ronment. construct water storage facilities within the ø retary based on recommendations of the (3) Recommended policies for resource Area. State Governor, representing the general management to provide for protection of the ø(5) The reduction or elimination of roads public who are citizens of the State and of Area for solitude, quiet use, and pristine nat- and motorized vehicles from the public lands the local region in which the Area is estab- ural values. to the greatest extent possible within the lished, who have knowledge and experience ø(c) IMPLEMENTATION OF THE PLAN.—Upon Area. in the appropriate fields of interest relating approval of the Area Management Plan by ø(6) The elimination of roads and motor- to the preservation and restoration and use the Secretary, as provided in section 9, the ized use on the public lands within the area of the Area. 2 appointees from the local area Commission shall assist the Secretary in im- on the western side of the river from Lobatos shall represent nongovernmental agricul- plementing the Area Management Plan by Bridge south to the State line. tural interests and 2 appointees from the taking appropriate steps to preserve and in- ø(c) NO RESERVATION OF WATER RIGHTS.— local area shall represent nonprofit non- terpret the natural resources of the Area and Public lands affected by this Act shall not be governmental environmental interests. its surrounding area. These steps may in- subject to reserved water rights for any Fed- ø(d) TERMS.—Members shall be appointed clude the following: eral purpose. for terms of 5 years and may be reappointed. ø(1) Assisting the State in preserving the ø(d) CHANGES IN STREAMFLOW REGIME.—To ø(e) COMPENSATION.—Members of the Com- Area. the extent that changes to the streamflow mission shall receive no pay on account of ø(2) Assisting the State and local govern- regime beneficial to the Area can be accom- their service on the Commission. ments, and political subdivisions of the modated through negotiation with the State ø(f) CHAIRPERSON.—The chairperson of the State in increasing public awareness of and of Colorado, the Rio Grande Water Conserva- Commission shall be elected by the members appreciation for the natural, historical, and tion District, and water users within Colo- of the Commission. wildlife resources in the Area. rado, such changes should be encouraged, but ø(g) MEETINGS.—The Commission shall ø(3) Encouraging local governments and may not be imposed as a requirement. hold its first meeting not later than 90 days political subdivisions of the State to adopt ø(e) PRIVATE LANDS.—Private lands within after the date on which the last of its initial land use policies consistent with the man- the Area will be affected by the designation members is appointed, and shall meet at agement of the Area and the goals of the and management of the Area only to the ex- least quarterly at the call of the chairperson. Area Management Plan, and to take actions tent that the private landowner agrees in øSEC. 6. POWERS OF THE COMMISSION. to implement those policies. writing to be bound by the Area Manage- ø(a) HEARINGS.—The Commission may hold ø(4) Encouraging and assisting private ment Plan. such hearings, sit and act at such times and landowners within the Area in understanding øSEC. 10. MANAGEMENT. places, take such testimony, and receive and accepting the provisions of the Area ø(a) AREA MANAGEMENT PLAN.— such evidence, as the Commission considers Management Plan and cooperating in its im- ø(1) IN GENERAL.—The Secretary shall im- appropriate. plementation. plement the Area Management Plan for all

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.103 S15PT1 S9346 CONGRESSIONAL RECORD — SENATE September 15, 2004 of the land within the Area that accom- a wild, scenic, or recreational river under SECTION 1. SHORT TITLE. plishes the purposes of and is consistent with section 2 of the Wild and Scenic Rivers Act This Act may be cited as the ‘‘Rio Grande the provisions of this Act. (16 U.S.C. 1273). Natural Area Act’’. ø(2) NON-FEDERAL LAND.—The Area Man- øSEC. 12. ACQUISITION OF NON-FEDERAL LANDS. SEC. 2. DEFINITIONS. agement Plan shall apply to all land within ø(a) ACQUISITION OF LANDS NOT CURRENTLY In this Act: the Area owned by the United States and IN FEDERAL OWNERSHIP.—The Secretary, (1) COMMISSION.—The term ‘‘Commission’’ may be made to apply to non-Federal land with the cooperation and assistance of the means the Rio Grande Natural Area Commission within the Area only when written accept- Commission, may acquire by purchase, ex- established by section 4(a). ance of the Area Management Plan is given change, or donation all or any part of the (2) NATURAL AREA.—The term ‘‘Natural Area’’ by the owners of such land. land and interests in land, including con- means the Rio Grande Natural Area established ø(b) COORDINATION WITH STATE AND LOCAL servation easements, within the Area from by section 3(a). GOVERNMENTS.—The Area Management Plan willing sellers only. (3) SECRETARY.—The term ‘‘Secretary’’ means shall be developed and adopted in coordina- ø(b) ADMINISTRATION.—Any lands and inter- the Secretary of the Interior. tion with the appropriate State agencies and ests in lands acquired under this section— ø SEC. 3. ESTABLISHMENT OF RIO GRANDE NAT- local governments in Colorado. (1) shall be administered in accordance URAL AREA. ø(c) COOPERATION BY PRIVATE LAND- with the Area Management Plan; (a) IN GENERAL.—There is established the Rio OWNERS.—In implementing the Area Manage- ø (2) shall not be subject to reserved water Grande Natural Area in the State of Colorado to ment Plan, the Secretary shall encourage rights for any Federal purpose, nor shall the conserve, restore, and protect the natural, his- full public participation and seek the co- acquisition of the land authorize the Sec- operation of all private landowners within toric, cultural, scientific, scenic, wildlife, and retary or any Federal agency to acquire recreational resources of the Natural Area. the Area, regardless of whether the land- instream flows in the Rio Grande River at owners are directly or indirectly affected by (b) BOUNDARIES.—The Natural Area shall in- any place within the Area; clude the Rio Grande River from the southern the Area Management Plan. If accepted by ø (3) shall become public lands; and boundary of the Alamosa National Wildlife Ref- private landowners, in writing, the provi- ø(4) shall upon acquisition be immediately uge to the New Mexico State border, extending sions of the Area Management Plan may be withdrawn as provided in section 11. 1⁄4 mile on either side of the bank of the River. applied to the individual parcels of private ø SEC. 13. STATE INSTREAM FLOW PROTECTION (c) MAP AND LEGAL DESCRIPTION.— land. AUTHORIZED. (1) IN GENERAL.—As soon as practicable after ø(d) NEW IMPOUNDMENTS.—In managing the øNothing in this Act shall be construed to the date of enactment of this Act, the Secretary Area, neither the Secretary nor any other prevent the State from acquiring an shall prepare a map and legal description of the Federal agency or officer may approve or instream flow through the Area pursuant to Natural Area. issue any permit for, or provide any assist- the terms, conditions, and limitations of Col- (2) EFFECT.—The map and legal description of ance for, the construction of any new dam, orado law to assist in protecting the natural the Natural Area shall have the same force and reservoir, or impoundment on any segment environment to the extent and for the pur- of the Rio Grande River or its tributaries poses authorized by Colorado law. effect as if included in this Act, except that the Secretary may correct any minor errors in the within the exterior boundaries of the Area. øSEC. 14. RULE OF CONSTRUCTION. map and legal description. øSEC. 11. RESTORATION TO PUBLIC LANDS STA- øNothing in this Act shall be construed (3) PUBLIC AVAILABILITY.—The map and legal TUS. to— ø description of the Natural Area shall be avail- (a) EXISTING RESERVATIONS.—All reserva- ø(1) authorize, expressly or by implication, able for public inspection in the appropriate of- tions of public lands within the Area for Fed- the appropriation or reservation of water by fices of the Bureau of Land Management. eral purposes that have been made by an Act any Federal agency, or any other entity or of Congress or Executive order prior to the individual other than the State of Colorado, SEC. 4. ESTABLISHMENT OF THE COMMISSION. date of enactment of this Act are revoked. for any instream flow purpose associated (a) ESTABLISHMENT.—There is established the ø(b) PUBLIC LANDS.—Subject to subsection with the Area; Rio Grande Natural Area Commission. (c), public lands within the Area that were ø(2) affect the rights or jurisdiction of the (b) PURPOSE.—The Commission shall— subject to a reservation described in sub- (1) advise the Secretary with respect to the section (a)— United States, a State, or any other entity over waters of any river or stream or over Natural Area; and ø(1) are restored to the status of public (2) prepare a management plan relating to lands; and any ground water resource; ø(3) alter, amend, repeal, interpret, modify, non-Federal land in the Natural Area under ø(2) shall be administered in accordance section 6(b)(2)(A). with the Area Management Plan. or be in conflict with the Compact; ø (c) MEMBERSHIP.—The Commission shall be ø(c) WITHDRAWAL.—All public lands within (4) alter or establish the respective rights of any State, the United States, or any per- composed of 9 members appointed by the Sec- the Area are withdrawn from settlement, retary, of whom— sale, location, entry, or disposal under the son with respect to any water or water-related right; (1) 1 member shall represent the Colorado laws applicable to public lands, including the State Director of the Bureau of Land Manage- following: ø(5) impede the maintenance of the free- ø flowing nature of the waters in the Area so ment; (1) Sections 910, 2318 through 2340, and 2343 (2) 1 member shall be the manager of the through 2346 of the Revised Statutes (com- as to protect— ø(A) the ability of the State of Colorado to Alamosa National Wildlife Refuge, ex officio; monly known as the ‘‘General Mining Law, (3) 3 members shall be appointed based on the fulfill its obligations under the Compact; or of 1872’’) (30 U.S.C. 21, 22, 23, 24, 26 through 30, recommendation of the Governor of Colorado, of ø(B) the riparian habitat within the Area; 33 through 43, 46 through 48, 50 through 53). whom— ø ø(6) allow the conditioning of Federal per- (2) The Mining and Minerals Policy Act of (A) 1 member shall represent the Colorado Di- mits, permissions, licenses, or approvals to 1970 (30 U.S.C. 21a). vision of Wildlife; ø require the bypass or release of waters ap- (3) The Act of April 26, 1882 (22 Stat. 49, (B) 1 member shall represent the Colorado Di- propriated pursuant to State law to protect, chapter 106; 30 U.S.C. 25, 31). vision of Water Resources; and ø(4) Public Law 85–876 (30 U.S.C. 28–1, 28–2). enhance, or alter the water flows through (C) 1 member shall represent the Rio Grande ø(5) The Act of June 21, 1949 (63 Stat. 214, the Area; Water Conservation District; and ø chapter 232; 30 U.S.C. 28b through 28e, 54). (7) affect the continuing use and oper- (4) 4 members shall— ø(6) The Act of March 3, 1991 (21 Stat. 505, ation, repair, rehabilitation, expansion, or (A) represent the general public; chapter 140; 30 U.S.C. 32). new construction of water supply facilities, (B) be citizens of the local region in which the ø(7) The Act of May 5, 1876 (19 Stat. 52, water and wastewater treatment facilities, Natural Area is established; and chapter 91; 30 U.S.C. 49). stormwater facilities, public utilities, and (C) have knowledge and experience in the ø(8) Sections 15, 16, and 26 of the Act of common carriers along the Rio Grande River fields of interest relating to the preservation, June 6, 1990 (31 Stat. 327, 328, 329, chapter 786; and its tributaries upstream of the Area; restoration, and use of the Natural Area. 30 U.S.C. 49a, 49c, 49d). ø(8) impose any Federal or State water use (d) TERMS OF OFFICE.— ø(9) Section 2 of the Act of May 4, 1934 (48 designation or water quality standard upon (1) IN GENERAL.—Except for the manager of Stat. 1243, chapter 2559; 30 U.S.C. 49e, 49f). uses of, or discharges to, waters of the State the Alamosa National Wildlife Refuge, the term ø(10) The Act entitled ‘‘An Act to promote or waters of the United States, within or up- of office of a member of the Commission shall be the mining of coal, phosphate, oil, oil shale, stream of the Area, that is more restrictive 5 years. gas, and sodium on the public domain’’, ap- than those that would be applicable had the (2) REAPPOINTMENT.—A member may be re- proved February 25, 1920 (commonly known Area not been established; or appointed to the Commission on completion of as the ‘‘Mineral Lands Leasing Act of 1920’’; ø(9) modify, alter, or amend title I of the the term of office of the member. 30 U.S.C. 181 et seq.). Reclamation Project Authorizing Act of 1972, (e) COMPENSATION.—A member of the Commis- ø(11) The Act entitled ‘‘An Act to provide as amended (Public Law 92–514, 86 Stat. 964; sion shall serve without compensation for serv- for the disposal of materials on public lands Public Law 96–375, 94 Stat. 1507; Public Law ice on the Commission. of the United States’’, approved July 31, 1947 98–570, 98 Stat. 2941; and Public Law 100–516, (f) CHAIRPERSON.—The Commission shall elect (commonly known as the ‘‘Materials Act of 100 Stat. 257), or to authorize the Secretary a chairperson of the Commission. 1947’’; 30 U.S.C. 601 et seq.). to acquire water from other sources for de- (g) MEETINGS.— ø(d) WILD AND SCENIC RIVERS.—No land or livery to the Rio Grande River pursuant to (1) IN GENERAL.—The Commission shall meet water within the Area shall be designated as section 102(c) of such title.¿ at least quarterly at the call of the chairperson.

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(2) PUBLIC MEETINGS.—A meeting of the Com- under subparagraph (A) for approval or dis- (c) PRIVATE LAND.—The management plan mission shall be open to the public. approval. prepared under section 6(b)(2)(A) shall apply to (3) NOTICE.—Notice of any meeting of the (ii) ACTION FOLLOWING DISAPPROVAL.—If the private land in the Natural Area only to the ex- Commission shall be published in advance of the Secretary disapproves the management plan tent that the private landowner agrees in writ- meeting. submitted under clause (i), the Secretary shall— ing to be bound by the management plan. (h) TECHNICAL ASSISTANCE.—The Secretary (I) notify the Commission of the reasons for (d) WITHDRAWAL.—Subject to valid existing and the heads of other Federal agencies shall, the disapproval; and rights, all Federal land in the Natural Area is to the maximum extent practicable, provide any (II) allow the Commission to submit to the withdrawn from— information and technical services requested by Secretary revisions to the management plan sub- (1) all forms of entry, appropriation, or dis- the Commission to assist in carrying out the du- mitted under clause (i). posal under the public land laws; ties of the Commission. (3) COOPERATION.—The Secretary and the (2) location, entry, and patent under the min- Commission shall cooperate to ensure that the ing laws; and SEC. 5. POWERS OF THE COMMISSION. (3) disposition under the mineral leasing laws (a) HEARINGS.—The Commission may hold management plans relating to the management of Federal land and non-Federal land are con- (including geothermal leasing laws). such hearings, meet and act at such times and (e) ACQUISITION OF LAND.— sistent. places, take such testimony, and receive such (1) IN GENERAL.—The Secretary may acquire (c) REQUIREMENTS.—The management plans evidence as the Commission considers advisable from willing sellers by purchase, exchange, or shall— to carry out this Act. donation land or an interest in land in the Nat- (1) take into consideration Federal, State, and (b) COOPERATIVE AGREEMENTS.— ural Area. local plans in existence on the date of enactment (1) IN GENERAL.—For purposes of carrying out (2) ADMINISTRATION.—Any land or interest in the management plan on non-Federal land in of this Act to present a unified preservation, res- land acquired under paragraph (1) shall be ad- the Natural Area, the Commission may enter toration, and conservation plan for the Natural ministered in accordance with the management into a cooperative agreement with the State of Area; plan and this Act. Colorado, a political subdivision of the State, or (2) with respect to Federal land in the Natural (f) APPLICABLE LAW.—Section 5(d)(1) of the Area— any person. Wild and Scenic Rivers Act (16 U.S.C. (A) be developed in accordance with section (2) REQUIREMENTS.—A cooperative agreement 1276(d)(1)) shall not apply to the Natural Area. 202 of the Federal Land Policy and Manage- entered into under paragraph (1) shall establish SEC. 8. EFFECT. ment Act of 1976 (43 U.S.C. 1712); procedures for providing notice to the Commis- Nothing in this Act— (B) be consistent, to the maximum extent prac- sion of any action proposed by the State of Col- (1) amends, modifies, or is in conflict with the ticable, with the management plans adopted by orado, a political subdivision of the State, or Rio Grande Compact, consented to by Congress the Director of the Bureau of Land Manage- any person that may affect the implementation in the Act of May 31, 1939 (53 Stat. 785, ch. 155); ment for land adjacent to the Natural Area; and of the management plan on non-Federal land in (2) authorizes the regulation of private land (C) be considered to be an amendment to the the Natural Area. in the Natural Area; San Luis Resource Management Plan of the Bu- (3) authorizes the imposition of any manda- (3) EFFECT.—A cooperative agreement entered reau of Land Management; and into under paragraph (1) shall not enlarge or di- tory streamflow requirements; (3) include— (4) creates an express or implied Federal re- minish any right or duty of a Federal agency (A) an inventory of the resources contained in served water right; under Federal law. the Natural Area (including a list of property in (5) imposes any Federal water quality stand- (c) PROHIBITION OF ACQUISITION OF REAL the Natural Area that should be preserved, re- ard within or upstream of the Natural Area that PROPERTY.—The Commission may not acquire stored, managed, developed, maintained, or ac- is more restrictive than would be applicable had any real property or interest in real property. quired to further the purposes of the Natural the Natural Area not been established; or (d) IMPLEMENTATION OF MANAGEMENT Area); and (6) prevents the State of Colorado from acquir- PLAN.— (B) a recommendation of policies for resource ing an instream flow through the Natural Area (1) IN GENERAL.—The Commission shall assist management, including the use of intergovern- under the terms, conditions, and limitations of the Secretary in implementing the management mental cooperative agreements, that— State law to assist in protecting the natural en- plan by carrying out the activities described in (i) protect the resources of the Natural Area; vironment to the extent and for the purposes au- paragraph (2) to preserve and interpret the nat- and thorized by State law. ural, historic, cultural, scientific, scenic, wild- (ii) provide for solitude, quiet use, and pris- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. life, and recreational resources of the Natural tine natural values of the Natural Area. There are authorized to be appropriated such Area. (d) PUBLICATION.—The Secretary shall publish sums as are necessary to carry out this Act. (2) AUTHORIZED ACTIVITIES.—In assisting with notice of the management plans in the Federal SEC. 10. TERMINATION OF COMMISSION. the implementation of the management plan Register. The Commission shall terminate on the date under paragraph (1), the Commission may— SEC. 7. ADMINISTRATION OF NATURAL AREA. that is 10 years after the date of enactment of (A) assist the State of Colorado in preserving (a) IN GENERAL.—The Secretary shall admin- this Act. State land and wildlife within the Natural Area; ister the Federal land in the Natural Area— (B) assist the State of Colorado and political The committee amendment in the (1) in accordance with— subdivisions of the State in increasing public nature of a substitute was greed to. (A) the laws (including regulations) applica- The bill (S. 1467), as amended was awareness of, and appreciation for, the natural, ble to public land; and historic, scientific, scenic, wildlife, and rec- (B) the management plan; and read the third time and passed. reational resources in the Natural Area; (2) in a manner that provides for— The title was amended so as to read: (C) encourage political subdivisions of the (A) the conservation, restoration, and protec- ‘‘A bill to establish the Rio Grande Natural State of Colorado to adopt and implement land tion of the natural, historic, scientific, scenic, Area in the State of Colorado, and for other use policies that are consistent with— wildlife, and recreational resources of the Nat- purposes.’’. (i) the management of the Natural Area; and ural Area; f (ii) the management plan; and (B) the continued use of the Natural Area for (D) encourage and assist private landowners purposes of education, scientific study, and lim- EDWARD H. MCDANIEL AMERICAN in the Natural Area in the implementation of ited public recreation in a manner that does not LEGION POST NO. 22 LAND CON- the management plan. substantially impair the purposes for which the VEYANCE ACT SEC. 6. MANAGEMENT PLAN. Natural Area is established; The Senate proceeded to consider the (a) IN GENERAL.—Not later than 4 years after (C) the protection of the wildlife habitat of the bill (S. 1521) to direct the Secretary of the date of enactment of this Act, the Secretary Natural Area; and the Commission, in coordination with ap- (D) a prohibition on the construction of water the Interior to convey certain land to propriate agencies in the State of Colorado, po- storage facilities in the Natural Area; and the Edward H. McDaniel American Le- litical subdivisions of the State, and private (E) the reduction in the use of or removal of gion Post No. 22 in Pahrump, Nevada, landowners in the Natural Area, shall prepare roads in the Natural Area and, to the maximum for the construction of a post building management plans for the Natural Area as pro- extent practicable, the reduction in or prohibi- and memorial park for use by the vided in subsection (b). tion against the use of motorized vehicles in the American Legion, other veterans’ (b) DUTIES OF SECRETARY AND COMMISSION.— Natural Area (including the removal of roads groups, and the local community, (1) SECRETARY.—The Secretary shall prepare a and a prohibition against motorized use on Fed- which had been reported from the Com- management plan relating to the management of eral land in the area on the western side of the mittee on Energy and Natural Re- Federal land in the Natural Area. Rio Grande River from Lobatos Bridge south to sources, with amendments, as follows: (2) COMMISSION.— the New Mexico State line). [Strike the part shown in black (A) IN GENERAL.—The Commission shall pre- (b) CHANGES IN STREAMFLOW.—The Secretary pare a management plan relating to the man- is encouraged to negotiate with the State of Col- brackets and insert the part shown in agement of the non-Federal land in the Natural orado, the Rio Grande Water Conservation Dis- italic.] Area. trict, and affected water users in the State to S. 1521 (B) APPROVAL OR DISAPPROVAL.— determine if changes in the streamflow that are Be it enacted by the Senate and House of Rep- (i) IN GENERAL.—The Commission shall submit beneficial to the Natural Area may be accommo- resentatives of the United States of America in to the Secretary the management plan prepared dated. Congress assembled,

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.103 S15PT1 S9348 CONGRESSIONAL RECORD — SENATE September 15, 2004 SECTION 1. SHORT TITLE. erans groups, and the local community for land in Big Horn County, Wyoming, to This Act may be cited as the ‘‘Edward H. events and activities. locatable mineral development for ben- McDaniel American Legion Post No. 22 Land (2) REVERSION.—Except as provided in para- tonite mining, which had been reported Conveyance Act’’. graph (3), if the Secretary, after notice to from the Committee on Energy and ø Post No. 22 and an opportunity for a hearing, SEC. 2. FINDINGS. Natural Resources, with an amendment øCongress finds that— makes a finding that Post No. 22 has used or ø(1) the membership of the American Le- permitted the use of the parcel for any pur- to strike all after the enacting clause gion and other nonprofit organizations that pose other than the purpose specified in and insert in lieu thereof the following: represent the veterans’ community in paragraph (1) and Post No. 22 fails to dis- (Strike the part shown in black Pahrump, Nevada, has grown immensely in continue that use, title to the parcel shall brackets and insert the part shown in the last 10 years; revert to the United States, to be adminis- italic.) ø(2) the existing facility used by the vet- tered by the Secretary. S. 203 (3) WAIVER.—The Secretary may waive the erans community in Pahrump, which was Be it enacted by the Senate and House of Rep- requirements of paragraph (2) if the Sec- constructed in the 1960’s, is too small and is resentatives of the United States of America in retary determines that a waiver would be in inappropriate for the needs of the veterans Congress assembled, the best interests of the United States. community; ø ø SECTION 1. OPENING OF CERTAIN WITHDRAWN (3) the nearest veterans facility that can The committee amendments were LAND IN WYOMING TO LOCATABLE accommodate the veterans community in agreed to. MINERAL DEVELOPMENT FOR BEN- Pahrump is located more than 60 miles away The bill (S. 1521), as amended, was TONITE MINING. ø in the city of Las Vegas; read the third time and passed, as fol- (a) IN GENERAL.—Notwithstanding any ø(4) the tracts of land that are available for other provision of law and subject to sub- consideration as potential sites for the loca- lows: section (c), the land described in subsection tion of a new veterans facility are not suit- (The bill will be printed in a future (b) shall be open to locatable mineral devel- able for the facility; edition of the RECORD.) opment for bentonite mining. ø(5) conveyance of a suitable parcel of land f ø(b) COVERED LAND.—The land referred to for the facility, which consists of an odd, tri- in subsection (a) is approximately 40 acres of angular tract of land bounded on 2 sides by RAILROAD RIGHT-OF-WAY CON- previously withdrawn land located in Big private land and cut off from other public VEYANCE VALIDATION ACT OF Horn County, Wyoming, at the sixth prin- land by a major highway, conforms with the 2003 cipal meridian, T. 56 N., R. 95 W., Sec. 32. E1⁄2E1⁄2SE1⁄4, adjacent to Pit No. 144L covered objective of the Bureau of Land Manage- The Senate proceeded to consider the ment, Las Vegas District 1998 Resource Man- by State of Wyoming Mining Permit No. agement Plan by simplifying the land man- bill (H.R. 1658) to amend the Railroad 321C. agement responsibilities of the Bureau of Right-of-Way Conveyance Validation ø(c) CLOSURE.—The Secretary of the Army Land Management; and Act to validate additional conveyances may close the land opened by subsection (a) ø(6) because the intent of the American Le- of certain lands in the State of Cali- at any time if the Secretary determines that gion is to make the facility available to fornia that form part of right-of-way the closure of the land is required by reason other veterans organizations and the public granted by the United States to facili- of a national emergency or for the purpose of ¿ for community activities and events at no tate the construction of the trans- national defense or security. cost, it would be in the best interests of the continental railway, and for other pur- SECTION 1. SHORT TITLE. United States to convey the land to the Ed- This Act may be cited as the ‘‘Big Horn Ben- ward H. McDaniel American Legion Post No. poses, which had been reported from tonite Act’’. 22. the Committee on Energy and Natural SEC. 2. DEFINITIONS. øSEC. 3. DEFINITIONS.¿ Resources, with an amendment, as fol- In this Act: SEC. 2. DEFINITIONS. lows: (1) COVERED LAND.—The term ‘‘covered land’’ In this Act: [Strike the part shown in black brackets means the approximately 20 acres of previously withdrawn land located in the E1⁄2 NE1⁄4 SE1⁄4 of (1) POST NO. 22.—The term ‘‘Post No. 22’’ and insert the part shown in italic.] sec. 32, T. 56N., R. 95W., sixth principal merid- means the Edward H. McDaniel American H.R. 1658 Legion Post No. 22 in Pahrump, Nevada. ian, Big Horn County, Wyoming. Be it enacted by the Senate and House of Rep- (2) SECRETARY.—The term ‘‘Secretary’’ means (2) SECRETARY.—The term ‘‘Secretary’’ resentatives of the United States of America in the Secretary of the Interior. means the Secretary of the Interior, acting Congress assembled, through the Director of the Bureau of Land SEC. 3. AUTHORIZATION OF MINING AND RE- MOVAL OF BENTONITE. Management. SECTION 1. SHORT TITLE. (a) IN GENERAL.—Notwithstanding the with- ø This Act may be cited as the ‘‘Railroad SEC. 4. CONVEYANCE OF LAND TO EDWARD H. Right-of-Way Conveyance Validation Act of drawal of the covered land for military pur- MCDANIEL AMERICAN LEGION POST poses, the Secretary may, with the consent of NO. 22.¿ 2003’’. SEC. 2. VALIDATION OF ADDITIONAL RAILROAD the Secretary of the Army, permit the mining SEC. 3. CONVEYANCE OF LAND TO EDWARD H. and removal of bentonite on the covered land. MCDANIEL AMERICAN LEGION POST CONVEYANCES, SAN JOAQUIN COUN- NO. 22. TY, CALIFORNIA. (b) SOLE-SOURCE CONTRACT.—The Secretary shall enter into a sole-source contract for the (a) CONVEYANCE ON CONDITION SUBSE- Section 4 of the Railroad Right-of-Way mining and removal of the bentonite from the QUENT.—Not later than ø120¿ 180 days after Conveyance Validation Act (Private Law the date of enactment of this Act, subject to 103–2; 108 Stat. 5061) is amended by adding at covered land that provides for the payment to valid existing rights and the condition stated the end the following new paragraphs: the Secretary of $1.00 per ton of bentonite re- in subsection (c) and in accordance with the ‘‘(9) The conveyance entered into between moved from the covered land. (c) TERMS AND CONDITIONS.— Act of June 14, 1926 (commonly known as the the Central Pacific Railway Company and (1) IN GENERAL.—Mining and removal of ben- ‘‘Recreation and Public Purposes Act’’) (43 the Southern Pacific Transportation Com- pany and the Bank of America, as trustee of tonite under this Act shall be subject to such U.S.C. 869 et seq.), the Secretary shall con- terms and conditions as the Secretary may pre- vey to Post No. 22, for no consideration, all the last will and testament of Aaron Her- schel, recorded September 27, 1945, in volume scribe for— right, title, and interest of the United States (A) the prevention of unnecessary or undue 942 at page ø104¿ 401 of the official records of in and to the parcel of land described in sub- degradation of the covered land; and the county of San Joaquin. section (b). (B) the reclamation of the covered land after ‘‘(10) The conveyance entered into between (b) DESCRIPTION OF LAND.—The parcel of the bentonite is removed. land referred to in subsection (b) is the par- the Central Pacific Railway Company and (2) REQUIREMENTS.—The terms and conditions cel of Bureau of Land Management land the Southern Pacific Transportation Com- prescribed under paragraph (1) shall be at least that— pany and the Tri-Valley Packing Associa- as protective of the covered land as the terms (1) is bounded by Route 160, Bride Street, tion, recorded November 13, 1957, in volume and conditions established for Pit No. 144L and Dandelion Road in Nye County, Nevada; 2016 at page 149 of the official records of the (BLM Case File WYW136110). (2) consists of approximately 4.5 acres of county of San Joaquin.’’. (3) LAND USE PLAN.—In carrying out the pro- land; and The committee amendment was visions of this Act, the Secretary is not required (3) is more particularly described as a por- agreed to. to amend any land use plan under section 202 of tion of the S 1⁄4 of section 29, T. 20 S., R. 54 The bill (H.R. 1658), as amended, was the Federal Land Policy and Management Act E., Mount Diablo and Base Meridian. read the third time and passed. of 1976 (43 U.S.C. 1712). (c) CONDITION ON USE OF LAND.— (4) TERMINATION OF INTEREST.—On comple- (1) IN GENERAL.—Post No. 22 and any suc- f tion of the mining and reclamation authorized cessors of Post No. 22 shall use the parcel of BIG HORN BENTONITE ACT under this Act, any party that has entered into land described in section (b) for the construc- the sole-source contract with the Secretary tion and operation of a post building and me- The Senate proceeded to consider the under subsection (b) shall have no remaining in- morial park for use by Post No. 22, other vet- bill (S. 203) to open certain withdrawn terest in the covered land.

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SEC. 4. CLOSURE. ø(2) RESOURCES.—In carrying out this sec- ø(f) SURPLUS ORDINANCE.—Section 549(c)(3) (a) IN GENERAL.—If the Secretary of the Army tion, the Secretary and the Secretary of Ag- of title 40, United States Code, is amended— notifies the Secretary that closure of the covered riculture— ø(1) in subparagraph (A), by striking ‘‘or’’ land is required because of a national emer- ø(A) shall, to the maximum extent prac- after the semicolon at the end; gency or for the purpose of national defense or ticable, use the resources of the National Av- ø(2) in subparagraph (B), by striking the national security, the Secretary shall— alanche Center of the Forest Service; and period at the end and inserting ‘‘; or’’; and (1) order the suspension of any activity au- ø(B) may use such other resources as the ø(3) by adding at the end the following: thorized by this Act on the covered land; and Secretary has available in the development ø‘‘(C) in the case of surplus artillery ordi- (2) close the covered land until the Secretary and implementation of the program. nance that is suitable for avalanche control of the Army notifies the Secretary that the clo- ø(c) ADVISORY COMMITTEE.— purposes, to a user of such ordinance.’’. sure is no longer necessary. ø(1) IN GENERAL.—The Secretary and the (b) LIABILITY.—Neither the Secretary nor the øSEC. 4. AUTHORIZATION OF APPROPRIATIONS. Secretary of Agriculture shall jointly estab- Secretary of the Army shall be liable for dam- lish an advisory committee to assist in the øThere are authorized to be appropriated ages from a closure of the covered land under development and implementation of the pro- such sums as are necessary to carry out this subsection (a). ¿ gram. Act. The committee amendment in the ø(2) MEMBERSHIP.— SECTION 1. SHORT TITLE. nature of a substitute was agreed to. ø(A) IN GENERAL.—The Advisory Com- This Act may be cited as the ‘‘Federal Land The bill (S. 203), as amended, was mittee shall consist of 11 members, ap- Recreational Visitor Protection Act of 2004’’. read the third time and passed. pointed by the Secretaries, who represent SEC. 2. DEFINITIONS. (b) LIABILITY.—Neither the Secretary nor authorized users of artillery, other military the Secretary of the Army shall be liable for weapons, or weapons alternatives used for In this Act: damages from a closure of the covered land avalanche control. (1) PROGRAM.—The term ‘‘program’’ means under subsection (a). ø(B) REPRESENTATIVES.—The membership the avalanche protection program established The title was amended so as to read: of the Advisory Committee shall include rep- under section 3(a). ‘‘A bill to provide for the sale of bentonite resentatives of— (2) SECRETARY.—The term ‘‘Secretary’’ means in Big Horn County, Wyoming.’’. ø(i) Federal land management agencies and the Secretary of Agriculture. f concessionaires or permittees that are ex- SEC. 3. AVALANCHE PROTECTION PROGRAM. posed to the threat of avalanches; (a) ESTABLISHMENT.—The Secretary shall es- FEDERAL LAND RECREATIONAL ø(ii) State departments of transportation tablish a coordinated avalanche protection pro- VISITOR PROTECTION ACT OF 2004 that have experience in dealing with the ef- gram— The Senate proceeded to consider the fects of avalanches; and ø(iii) Federal- or State-owned railroads (1) to provide early identification of the poten- bill (S. 931) to direct the Secretary of tial for avalanches that could endanger the the Interior to undertake a program to that have experience in dealing with the effects of avalanches. safety of recreational users of public land, in- reduce the risks from and mitigate the ø(d) CENTRAL DEPOSITORY.—The Secretary, cluding skiers, backpackers, snowboarders, and effects of avalanches on visitors to the Secretary of Agriculture, and the Sec- campers and visitors to units of the National units of the National Park System and retary of the Army shall establish a central Park System; and on other recreational users of public depository for weapons, ammunition, and (2) to reduce the risks and mitigate the effects land, which had been reported from the parts for avalanche control purposes, includ- of avalanches on visitors, recreational users, Committee on Energy and Natural Re- ing an inventory that can be made available neighboring communities, and transportation sources, with an amendment to strike to Federal and non-Federal entities for ava- corridors. lanche control purposes under the program. (b) COORDINATION.— all after the enacting clause and insert ø(e) GRANTS.— (1) IN GENERAL.—In developing and imple- in lieu thereof the following: ø(1) IN GENERAL.—The Secretary and the menting the program, the Secretary shall con- (Strike the part shown in black Secretary of Agriculture may make grants sult with the Secretary of the Interior, and co- to carry out projects and activities under the brackets and insert the part shown in ordinate the program, to ensure adequate levels program— italic.) of protection for recreational users of public ø(A) to assist in the prevention, fore- S. 931 land under the jurisdiction of the Secretary of casting, detection, and mitigation of ava- Be it enacted by the Senate and House of Rep- the Interior, including units of the National lanches for the safety and protection of per- resentatives of the United States of America in Park System, National Recreation Areas, wilder- sons, property, and at-risk communities; Congress assembled, ness and backcountry areas, components of the ø(B) to maintain essential transportation øSECTION 1. SHORT TITLE. National Wild and Scenic Rivers System, and and communications affected or potentially øThis Act may be cited as the ‘‘Federal other areas that are subject to the potential affected by avalanches; Land Recreational Visitor Protection Act of threat of avalanches. 2003’’. ø(C) to assist avalanche artillery users to ensure the availability of adequate supplies (2) RESOURCES.—In carrying out this section, øSEC. 2. DEFINITIONS. the Secretary and the Secretary of the Interior— øIn this Act: of artillery and other unique explosives re- (A) shall, to the maximum extent practicable, ø(1) PROGRAM.—The term ‘‘program’’ quired for avalanche control in or affecting— use the resources of the National Avalanche means the avalanche protection program es- ø(i) units of the National Park System; and Center of the Forest Service; and tablished under section 3(a). ø(ii) other Federal land used for recreation ø(2) SECRETARY.—The term ‘‘Secretary’’ purposes; and (B) may use such other resources as the Sec- means the Secretary of the Interior. ø(iii) adjacent communities, and essential retary has available in the development and im- øSEC. 3. AVALANCHE PROTECTION PROGRAM. transportation corridors, that are at risk of plementation of the program. ø(a) ESTABLISHMENT.—The Secretary shall avalanches; and (c) ADVISORY COMMITTEE.— establish a coordinated avalanche protection ø(D) to assist public or private persons and (1) IN GENERAL.—The Secretary and the Sec- program— entities in conducting research and develop- retary of the Interior shall jointly establish an ø(1) to provide early identification of the ment activities for cost-effective and reliable advisory committee to assist in the development potential for avalanches that could endanger alternatives to minimize reliance on mili- and implementation of the program. the safety of visitors to units of the National tary weapons for avalanche control. (2) MEMBERSHIP.— ø Park System and recreational users of public (2) APPORTIONMENT OF FUNDS.— (A) IN GENERAL.—The Advisory Committee ø land, including skiers, backpackers, (A) IN GENERAL.—Subject to subparagraph shall consist of 11 members, appointed by the snowboarders, and campers; and (B), for each fiscal year for which funds are Secretaries, who represent authorized users of ø(2) to reduce the risks and mitigate the ef- made available under section 4, the Sec- artillery, other military weapons, or weapons al- fects of avalanches on visitors, recreational retary shall apportion the amount of funds ternatives used for avalanche control. made available for the fiscal year among users, neighboring communities, and trans- (B) REPRESENTATIVES.—The membership of States with avalanche zones based on the portation corridors. the Advisory Committee shall include represent- ø(b) COORDINATION.— ratio that the total area of avalanche zones atives of— ø(1) IN GENERAL.—In developing and imple- located in each State bears to the total area menting the program, the Secretary shall of all avalanche zones in all States. (i) Federal land management agencies and concessionaires or permittees that are exposed to consult with the Secretary of Agriculture, ø(B) PRIORITY.—In providing grants under and coordinate the program, to ensure ade- this subsection, the Secretary shall give pri- the threat of avalanches; quate levels of protection for recreational ority to projects and activities carried out in (ii) State departments of transportation that users of public land and forests under the ju- avalanche zones— have experience in dealing with the effects of risdiction of the Secretary of Agriculture, ø(i) with a high frequency or severity of avalanches; and including National Recreation Areas, wilder- avalanches; or (iii) Federal- or State-owned railroads that ness and backcountry areas, components of ø(ii) in which deaths or serious injuries to have experience in dealing with the effects of the National Wild and Scenic Rivers System, individuals, or loss or damage to public fa- avalanches. and other areas that are subject to the po- cilities and communities, have occurred or (d) CENTRAL DEPOSITORY.—The Secretary, the tential threat of avalanches. are likely to occur. Secretary of the Interior, and the Secretary of

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00109 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.102 S15PT1 S9350 CONGRESSIONAL RECORD — SENATE September 15, 2004 the Army shall establish a central depository for øSECTION 1. SHORT TITLE. with United States and Mexican public and weapons, ammunition, and parts for avalanche øThis Act may be cited as the ‘‘El Camino nongovernmental organizations, academic control purposes, including an inventory that Real de los Tejas National Historic Trail Act institutions, and, in consultation with the can be made available to Federal and non-Fed- of 2004’’. Secretary of State, the Government of Mex- eral entities for avalanche control purposes øSEC. 2. AUTHORIZATION AND ADMINISTRATION. ico and its political subdivisions, for the pur- under the program. øSection 5(a) of the National Trails System pose of exchanging trail information and re- (e) GRANTS.— Act (16 U.S.C. 1244(a)) is amended by adding search, fostering trail preservation and edu- (1) IN GENERAL.—The Secretary and the Sec- at the end the following: cational programs, providing technical as- retary of the Interior may make grants to carry ø‘‘(23) EL CAMINO REAL DE LOS TEJAS.— sistance, and working to establish an inter- out projects and activities under the program— ø‘‘(A) IN GENERAL.—Subject to subpara- national historic trail with complementary (A) to assist in the prevention, forecasting, de- graph (B), El Camino Real de los Tejas (The preservation and education programs in each tection, and mitigation of avalanches for the Royal Road of historic Tejas) National His- nation. safety and protection of persons, property, and toric Trail, a combination of historic routes ø‘‘(E) CONSULTATION.—The Secretary of the at-risk communities; totaling 2,580 miles in length from the Rio Interior shall consult with appropriate State (B) to maintain essential transportation and Grande near Eagle Pass and Laredo, Texas, agencies in the the planning, development, communications affected or potentially affected to Natchitoches, Louisiana, and including and maintenance of El Camino Real de los by avalanches; the Old San Antonio Road, as generally de- Tejas National Historic Trail.’’.¿ (C) to assist avalanche artillery users to en- picted on the maps entitled ‘El Camino Real sure the availability of adequate supplies of ar- de los Tejas’, contained in the report pre- SECTION 1. SHORT TITLE. tillery and other unique explosives required for pared pursuant to subsection (b) entitled This Act may be cited as the ‘‘El Camino Real avalanche control in or affecting— ‘National Historic Trail Feasibility Study de los Tejas National Historic Trail Act’’. (i) units of the National Park System; and and Environmental Assessment: El Camino (ii) other Federal land used for recreation SEC. 2. DESIGNATION OF EL CAMINO REAL DE Real de los Tejas, Texas-Louisiana’, dated LOS TEJAS NATIONAL HISTORIC purposes; and July 1998. The National Park Service is au- TRAIL. (iii) adjacent communities, and essential thorized to administer designated portions of transportation corridors, that are at risk of ava- Section 5(a) of the National Trails System Act this trail system as a national historic trail (16 U.S.C. 1244(a)) is amended by adding at the lanches; and as set forth in this paragraph. (D) to assist public or private persons and en- end the following: ø‘‘(B) ESTABLISHMENT.— tities in conducting research and development ‘‘(24) EL CAMINO REAL DE LOS TEJAS NATIONAL ø‘‘(i) PUBLICLY OWNED LANDS.—Congress au- activities for cost-effective and reliable alter- HISTORIC TRAIL.— thorizes the establishment of El Camino natives to minimize reliance on military weap- Real de los Tejas national historic trail and ‘‘(A) IN GENERAL.—El Camino Real de los ons for avalanche control. the respective administration on those por- Tejas (the Royal Road to the Tejas) National (2) PRIORITY.—For each fiscal year for which tions of the historic trail routes and related Historic Trail, a combination of historic routes funds are made available under section 4, the historic sites within publicly owned lands (including the Old San Antonio Road) totaling Secretary shall give priority to projects and ac- when such trail related resources meet the approximately 2,580 miles, extending from the tivities carried out in avalanche zones— Rio Grande near Eagle Pass and Laredo, Texas, (A) with a high frequency or severity of ava- purposes of this Act or certification criteria set by the Secretary of the Interior per sec- to Natchitoches, Louisiana, as generally de- lanches; or picted on the map entitled ‘El Camino Real de (B) in which deaths or serious injuries to indi- tion 3(a)(3) of this Act. ø los Tejas’ contained in the report entitled ‘Na- viduals, or loss or damage to public facilities ‘‘(ii) PRIVATELY OWNED LANDS.—Congress tional Historic Trail Feasibility Study and Envi- and communities, have occurred or are likely to authorizes the establishment of El Camino ronmental Assessment: El Camino Real de los occur. Real de los Tejas national historic trail and Tejas, Texas-Louisiana’, dated July 1998. (f) SURPLUS ORDINANCE.—Section 549(c)(3) of the respective administration on those por- title 40, United States Code, is amended— tions of the historic trail routes and related ‘‘(B) MAP.—A map generally depicting the (1) in subparagraph (A), by striking ‘‘or’’ historic sites within privately owned lands trail shall be on file and available for public in- after the semicolon at the end; only through the voluntary and expressed spection in the appropriate offices of the Na- (2) in subparagraph (B), by striking the period consent of the owner and when such trails tional Park Service. at the end and inserting ‘‘; or’’; and and sites qualify for certification as offi- ‘‘(C) ADMINISTRATION.—(i) The Secretary of (3) by adding at the end the following: cially established components of the na- the Interior (referred to in this paragraph as ‘‘(C) in the case of surplus artillery ordinance tional historic trail. The owner’s approval of ‘the Secretary’) shall administer the trail. a certification agreement satisfies the con- that is suitable for avalanche control purposes, ‘‘(ii) The Secretary shall administer those por- sent requirement. Certification agreements to a user of such ordinance.’’. tions of the trail on non-Federal land only with are not legally binding and may be termi- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. the consent of the owner of such land and when nated at any time. Should land ownership There is authorized to be appropriated to such trail portion qualifies for certification as change at a certified site, the certification carry out this Act $15,000,000 for each of fiscal an officially established component of the trail, will cease to be valid unless the new owner years 2005 through 2009. consistent with section 3(a)(3). An owner’s ap- consents to a new agreement. The committee amendment in the proval of a certification agreement shall satisfy ø‘‘(C) PRIVATE PROPERTY RIGHTS PROTEC- the consent requirement. A certification agree- nature of a substitute was agreed to. TION.—Nothing in this Act or in the estab- ment may be terminated at any time. The bill (S. 931), as amended, was lishment of any portion of the national his- read the third time and passed. toric trail authorizes any person to enter ‘‘(iii) The designation of the trail does not au- The title was amended so as read: private property without the consent of the thorize any person to enter private property ‘‘A bill to direct the Secretary of Agri- owner. Nothing in this Act or in the estab- without the consent of the owner. culture to undertake a program to reduce lishment of any portion of the national his- ‘‘(D) CONSULTATION.—The Secretary shall the risks from and mitigate the effects of toric trail will authorize the Federal Govern- consult with appropriate State and local agen- avalanches on recreational users of public ment to restrict private property owner’s use cies in the planning and development of the land.’’. or enjoyment of their property subject to trail. f other laws or regulations. Authorization of ‘‘(E) COORDINATION OF ACTIVITIES.—The Sec- El Camino Real de los Tejas National His- retary may coordinate with United States and EL CAMINO REAL DE LOS TEJAS toric Trail under this Act does not itself con- Mexican public and nongovernmental organiza- NATIONAL HISTORIC TRAIL ACT fer any additional authority to apply other tions, academic institutions, and, in consulta- The Senate proceeded to consider the Federal laws and regulations on non-Federal tion with the Secretary of State, the Government bill (S. 2052) to amend the National lands along the trail. Laws or regulations re- of Mexico and its political subdivisions, for the quiring public entities and agencies to take purpose of exchanging trail information and re- Trails System Act to designate El Ca- into consideration a national historic trail search, fostering trail preservation and edu- mino Real de los Tejas as a National shall continue to apply notwithstanding the cational programs, providing technical assist- Historic Trail, which had been reported foregoing. Notwithstanding section 7(g) of ance, and working to establish an international from the Committee on Energy and this Act, the United States is authorized to historic trail with complementary preservation Natural Resources, with an amendment acquire privately owned real property or an and education programs in each nation. to strike all after the enacting clause interest in such property for purposes of the ‘‘(F) LAND ACQUISITION.—The United States and insert in lieu thereof the following: national historic trail only with the consent shall not acquire for the trail any land or inter- (Strike the part shown in black of the owner of such property and shall have est in land outside the exterior boundary of any no authority to condemn or otherwise appro- federally-administered area without the consent brackets and insert the part shown in priate privately owned real property or an italic.) of the owner of the land or interest in land.’’. interest in such property for the purposes of The committee amendment in the S. 2052 El Camino Real de los Tejas National His- Be it enacted by the Senate and House of Rep- toric Trail. nature of a substitute was agreed to. resentatives of the United States of America in ø‘‘(D) COORDINATION OF ACTIVITIES.—The The bill (S. 2052), as amended, was Congress assembled, Secretary of the Interior may coordinate read the third time and passed.

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.106 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9351 LEWIS AND CLARK NATIONAL provements to land located within the out this Act, the Secretary shall prepare an HISTORICAL PARK ACT OF 2004 boundary of the Park. amendment to the general management plan (2) MEANS.—Subject to paragraph (3), an for the Memorial to address the management The Senate proceeded to consider the acquisition of land under paragraph (1) may of the Park. bill (S. 2167) to establish the Lewis and be made by donation, purchase with donated (c) COOPERATIVE MANAGEMENT AGREE- Clark National Historical Park in the or appropriated funds, exchange, transfer MENTS.—To facilitate the presentation of a States of Washington and Oregon, and from any Federal agency, or by any other comprehensive picture of the experiences of for other purposes, which had been re- means that the Secretary determines to be the Lewis and Clark Expedition in the lower ported from the Committee on Energy in the public interest. Columbia River area and to promote more efficient administration of the sites associ- and Natural Resources, with amend- (3) CONSENT OF OWNER.— (A) IN GENERAL.—Except as provided in ated with those experiences, the Secretary ments, as follows: subparagraph (B), no land, interest in land, may, in accordance with section 3(l) of Pub- (Strike the part shown in black or improvement to land to may be acquired lic Law 91–383 (16 U.S.C. 1a–2(l)), enter into brackets and insert the part shown in under paragraph (1) without the consent of cooperative management agreements with italic.) the owner. appropriate officials in the States of Wash- S. 2167 (B) EXCEPTION.—The corporately-owned ington and Oregon. Be it enacted by the Senate and House of Rep- timberland in the area described in sub- SEC. 6. REPEALS; REFERENCES. resentatives of the United States of America in section (b)(2) may be acquired without the (a) IN GENERAL.—Public Law 85–435 (72 Stat. 153; 16 U.S.C. 450mm et seq.) is re- Congress assembled, consent of the owner. pealed. SECTION 1. SHORT TITLE. (4) MEMORANDUM OF UNDERSTANDING.—If the owner of the timberland described in (b) REFERENCES.—Any reference to Fort This Act may be cited as the ‘‘Lewis and Clatsop National Memorial in a law (includ- Clark National Historical Park Act of 2004’’. paragraph (2)(B) agrees to sell the timberland to the Secretary either as a re- ing regulations), map, document, paper, or SEC. 2. PURPOSE. other record shall be considered to be a ref- The purpose of this Act is to establish the sult of a condemnation proceeding or without any condemnation proceeding, the Sec- erence to the Lewis and Clark National His- Lewis and Clark National Historical Park torical Park. to— retary shall enter into a memorandum of understanding with the owner with respect to SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (1) preserve for the benefit of the people of There are authorized to be appropriated the United States the historic, cultural, sce- the manner in which the timberland is to be managed after acquisition of the timberland such sums as are necessary to carry out this nic, and natural resources associated with Act. the arrival of the Lewis and Clark Expedi- by the Secretary. ø The committee amendments were tion in the lower Columbia River area; and (5) ACQUISITION OF ADDITIONAL LAND.— ø(A) IN GENERAL.—In addition to the land agreed to. (2) commemorate the winter encampment The bill (S. 2167), as amended, was of the Lewis and Clark Expedition in the authorized to be acquired under paragraph winter of 1805–1806 following the successful (1), the National Park Service is authorized read the third time and passed, as fol- crossing of the North American Continent. to acquire by transfer Federal land at Cape lows: Disappointment, Washington. SEC. 3. DEFINITIONS. (The bill will be printed in a future ø(B) MANAGEMENT.—The National Park In this Act: edition of the RECORD.) Service shall enter into a cooperative man- (1) MAP.—The term ‘‘map’’ means the map f agement agreement with the State of Wash- entitled ‘‘Lewis and Clark National Histor- ington under section 5(c) to provide for the ical Park, Boundary Map’’, numbered 405/ SAND CREEK MASSACRE NA- management of the land acquired under sub- 80027, and dated December, 2003. TIONAL HISTORIC SITE TRUST paragraph (A) as a State park.¿ (2) MEMORIAL.—The term ‘‘Memorial’’ ACT OF 2004 (5) CAPE DISAPPOINTMENT.— means the Fort Clatsop National Memorial (A) TRANSFER.— The Senate proceeded to consider the established under section 1 of Public Law 85– (i) IN GENERAL.—Subject to valid rights (in- bill (S. 2173) to further the purposes of 435 (16 U.S.C. 450mm). cluding withdrawals), the Secretary shall trans- the Sand Creek Massacre National His- (3) PARK.—The term ‘‘Park’’ means the fer to the Director of the National Park Service Lewis and Clark National Historical Park es- toric Site Establishment Act of 2000, management of any Federal land at Cape Dis- which had been reported from the Com- tablished by section 4(a). appointment, Washington, that is within the (4) SECRETARY.—The term ‘‘Secretary’’ boundary of the Park. mittee on Energy and Natural Re- means the Secretary of the Interior. (ii) WITHDRAWN LAND.— sources, with an amendment to strike SEC. 4. LEWIS AND CLARK NATIONAL HISTOR- (I) NOTICE.—The head of any Federal agency all after the enacting clause and insert ICAL PARK. that has administrative jurisdiction over within lieu thereof the following: (a) ESTABLISHMENT.—There is established drawn land at Cape Disappointment, Wash- (Strike the part shown in black as a unit of the National Park System the ington, within the boundary of the Park shall brackets and insert the part shown in Lewis and Clark National Historical Park in notify the Secretary in writing if the head of the italic.) the States of Washington and Oregon, as de- Federal agency does not need the withdrawn S. 2173 picted on the map. land. (b) COMPONENTS.—The Park shall consist (II) TRANSFER.—On receipt of a notice under Be it enacted by the Senate and House of Rep- of— subclause (I), the withdrawn land shall be resentatives of the United States of America in (1) the Memorial, including— transferred to the administrative jurisdiction of Congress assembled, (A) the site of the salt cairn (lot number the Secretary, to be administered as part of the øSECTION 1. SHORT TITLE. 18, block 1, Cartwright Park Addition of Sea- Park. øThis Act may be cited as the ‘‘Sand Creek side, Oregon) used by the Lewis and Clark (B) MEMORIAL TO THOMAS JEFFERSON.— Massacre National Historic Site Trust Act of Expedition; and (i) IN GENERAL.—All withdrawals of the 20– 2004’’. (B) portions of the trail used by the Lewis acre parcel depicted on the map as ‘‘Memorial to øSEC. 2. DECLARATION OF POLICY. and Clark Expedition that led overland from Thomas Jefferson’’ are revoked. øTo further the purposes of the Sand Creek Fort Clatsop to the Pacific Ocean; (ii) ESTABLISHMENT.—The Secretary shall es- Massacre National Historic Site Establish- (2) the parcels of land identified on the tablish a memorial to Thomas Jefferson on the ment Act of 2000 (16 U.S.C. 461 note; Public map as ‘‘Fort Clatsop 2002 Addition Lands’’; parcel referred to in clause (i). Law 106–465), this Act authorizes the United and (C) MANAGEMENT OF CAPE DISAPPOINTMENT States to take certain land in Kiowa County, (3) the parcels of land located along the STATE PARK LAND.—The Secretary may enter Colorado, owned by the Cheyenne and Arap- lower Columbia River in the State of Wash- into an agreement with the State of Washington aho Tribes of Oklahoma, into trust. ington that are associated with the arrival of providing for the administration by the State of øSEC. 3. DEFINITIONS. the Lewis and Clark Expedition at the Pa- the land within the boundary of the Park øIn this Act: cific Ocean in 1805 and that are identified on known as ‘‘Cape Disappointment State Park’’. ø(1) SECRETARY.—The term ‘‘Secretary’’ the map as— SEC. 5. ADMINISTRATION. means the Secretary of the Interior. (A) ‘‘Station Camp’’; (a) IN GENERAL.—The Secretary shall ad- ø(2) TRIBE.—The term ‘‘Tribe’’ means the (B) ‘‘Clark’s Dismal Nitch’’; and minister the Park in accordance with— Cheyenne and Arapaho Tribes of Oklahoma, ø(C) ‘‘Memorial to Thomas Jefferson’’.¿ (1) this Act; and a federally recognized Indian tribe. (C) ‘‘Cape Disappointment’’. (2) the laws generally applicable to units of ø(3) TRUST PROPERTY.—The term ‘‘trust (c) AVAILABILITY OF MAP.—The map shall the National Park System, including— property’’ means the property described in be on file and available for public inspection (A) the Act of August 25, 1916 (16 U.S.C. 1 et section 4(b). in the appropriate offices of the National seq.); and øSEC. 4. TRANSFER OF LAND HELD IN TRUST FOR Park Service. (B) the Act of August 21, 1935 (16 U.S.C. 461 THE CHEYENNE AND ARAPAHO (d) ACQUISITION OF LAND.— et seq.). TRIBES OF OKLAHOMA. (1) IN GENERAL.—The Secretary may ac- (b) MANAGEMENT PLAN.—Not later than 3 ø(a) LAND HELD IN TRUST FOR THE CHEY- quire land, an interest in land, and any im- years after funds are made available to carry ENNE AND ARAPAHO TRIBES OF OKLAHOMA.—

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.109 S15PT1 S9352 CONGRESSIONAL RECORD — SENATE September 15, 2004

ø(1) CONVEYANCE.—Not later than 180 days (B) a 3,600 square foot metal-constructed shop Sand Creek Massacre National Historic Site Es- after the date of enactment of this Act, the building, built in 1975, located in the SW quarter tablishment Act of 2000 (16 U.S.C. 461 note; Pub- Tribe shall convey title to the trust property of sec. 30, T. 17 S., R. 45 W., sixth principal me- lic Law 106–465). to the United States. ridian; (b) ACCESS FOR ADMINISTRATION.—For pur- ø(2) TRUST.—All right, title, and interest of (C) a livestock corral and shelter; and poses of administration, the Secretary shall the United States in and to the trust prop- (D) a water system and wastewater system have access to the trust property, improvements, erty, including all improvement on the trust with all associated utility connections. and facilities as necessary for management of property and appurtenances to the trust (4) TRIBE.—The term ‘‘Tribe’’ means the the Sand Creek Massacre National Historic Site property and rights to all minerals, are de- Cheyenne and Arapaho Tribes of Oklahoma, a in accordance with the Sand Creek Massacre clared to be held by the United States in federally recognized Indian tribe. National Historic Site Establishment Act of 2000 trust for the Tribe. (5) TRUST PROPERTY.—The term ‘‘trust prop- (16 U.S.C. 461 note; Public Law 106–465). ø(b) LAND DESCRIPTION.—The trust property’’ means the real property, including rights (c) DUTY OF THE SECRETARY.—The Secretary erty is the property formerly known as the to all minerals, and excluding the improvements, shall take such action as is necessary to ensure ‘‘Dawson Ranch’’, consisting of approxi- formerly known as the ‘‘Dawson Ranch’’, con- that the trust property is used only in accord- mately 1,465 total acres presently under the sisting of approximately 1,465 total acres pres- ance with this section. jurisdiction of the Tribe, situated within ently under the jurisdiction of the Tribe, situ- (d) SAVINGS PROVISION.—Nothing in this Act Kiowa County, Colorado, and more particu- ated within Kiowa County, Colorado, and more supersedes the laws and policies governing units larly described as follows: particularly described as follows: of the National Park System. ø(1) The portion of sec. 24, T. 17 S., R. 46 (A) The portion of sec. 24, T. 17 S., R. 46W., SEC. 7. ACQUISITION OF PROPERTY. W., Colorado Principal Meridian, that is the sixth principal meridian, that is the Eastern Section 6(a)(2) of the Sand Creek Massacre Eastern half of the NW quarter, the SW quar- half of the NW quarter, the SW quarter of the National Historic Site Establishment Act of 2000 ter of the NE quarter, the NW quarter of the NE quarter, the NW quarter of the SE quarter, (16 U.S.C. 461 note; Public Law 106–465) is SE quarter, Colorado Principal Meridian. sixth principal meridian. amended by inserting ‘‘or exchange’’ after ‘‘only ø(2) All of sec. 25, T. 17 S., R. 46 W., Colo- (B) All of sec. 25, T. 17 S., R. 46 W., sixth by donation’’. rado Principal Meridian. principal meridian. The committee amendment in the ø(3) All of sec. 30, T. 17 S., R. 45 W., Colo- (C) All of sec. 30, T. 17 S., R. 45 W., sixth prin- nature of a substitute was agreed to. rado Principal Meridian. cipal meridian. The bill (S. 2173), as amended, was ø SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICA- SEC. 3. CONVEYANCE OF LAND TO BE HELD IN read the third time and passed. TION OF DESCRIPTION. TRUST FOR THE CHEYENNE AND ø(a) SURVEY OF BOUNDARY LINE.—To accu- ARAPAHO TRIBES OF OKLAHOMA. f rately establish the boundary of the trust (a) LAND HELD IN TRUST FOR THE CHEYENNE CONVEYANCE TO BEAVER COUNTY, property, the Secretary shall, not later than AND ARAPAHO TRIBES OF OKLAHOMA.—Imme- 180 days after the date of enactment of this diately upon conveyance of title to the trust UTAH Act, cause a survey to be conducted by the property by the Tribe to the United States, with- The Senate proceeded to consider the Office of Cadastral Survey of the Bureau of out any further action by the Secretary, the bill (S. 2285) to direct the Secretary of Land Management of the boundary lines de- trust property shall be held in trust for the ben- the Interior to convey a parcel of real scribed in section 4(b). efit of the Tribe. property to Beaver County, Utah, ø(b) PUBLICATION OF LAND DESCRIPTION.— (b) TRUST.—All right, title, and interest of the which had been reported from the Com- ø(1) IN GENERAL.—On completion of the sur- United States in and to the trust property, ex- vey under subsection (a), and acceptance of cept any facilities constructed under section mittee on Energy and Natural Re- the survey by the representatives of the 4(b), are declared to be held by the United sources, with an amendment to strike Tribe, the Secretary shall cause the full States in trust for the Tribe. all after the enacting clause and insert metes and bounds description of the lines, SEC. 4. IMPROVEMENTS AND FACILITIES. in lieu thereof the following: with a full and accurate description of the (a) IMPROVEMENTS.—The Secretary may ac- (Strike the part shown in black trust property, to be published in the Fed- quire by donation the improvements in fee. brackets and insert the part shown in eral Register. (b) FACILITIES.— italic.) ø(2) EFFECT.—The descriptions shall, on (1) IN GENERAL.—The Secretary may construct S. 2285 publication, constitute the official descrip- a facility on the trust property only after con- Be it enacted by the Senate and House of Rep- tions of the trust property. sulting with, soliciting advice from, and obtain- resentatives of the United States of America in øSEC. 6. ADMINISTRATION OF TRUST PROPERTY. ing the agreement of, the Tribe, the Northern ø(a) IN GENERAL.—The trust property is de- Congress assembled, Cheyenne Tribe, and the Northern Arapaho ø clared to be part of the Indian reservation of Tribe. SECTION 1. CONVEYANCE TO BEAVER COUNTY, UTAH. the Tribe. (2) OWNERSHIP.—Facilities constructed with ø(b) ADMINISTRATION.—The trust property ø(a) IN GENERAL.—As soon as practicable Federal funds or funds donated to the United after the enactment of this Act, the Sec- shall be administered in perpetuity by the States shall be owned in fee by the United Secretary in accordance with the law gen- retary of the Interior shall, without consid- States. eration and subject to valid existing rights, erally applicable to property held in trust by (c) FEDERAL FUNDS.—For the purposes of the the United States for the benefit of Indian convey to Beaver County, Utah, all right, construction, maintenance, or demolition of im- title, and interest of the United States in tribes and in accordance with the Sand provements or facilities, Federal funds shall be Creek Massacre National Historic Site Es- and to the approximately 200 acres depicted expended only on improvements or facilities that as ‘‘Parcel A’’ on the map entitled tablishment Act of 2000 (16 U.S.C. 461 note; are owned in fee by the United States. Public Law 106–465). ‘‘Minersville Reservoir Conveyance’’ and SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICA- ø dated February 15, 2003, for use for public SEC. 7. RELIGIOUS AND CULTURAL USES. TION OF DESCRIPTION. ø(a) IN GENERAL.—The trust property shall recreation. (a) SURVEY OF BOUNDARY LINE.—To accu- ø(b) RECONVEYANCE BY BEAVER COUNTY.— be used only for historic, religious, or cul- rately establish the boundary of the trust prop- tural uses that are compatible with the use Notwithstanding subsections (a) and (c), Bea- erty, not later than 180 days after the date of ver County may sell, for not less than fair of the land as a national historic site. enactment of this Act, the Secretary shall cause ø(b) DUTY OF THE SECRETARY.—The Sec- market value, a portion of the property con- a survey to be conducted by the Office of Cadas- retary shall take such action as is necessary veyed to it under this section, if the proceeds tral Survey of the Bureau of Land Management to ensure that the trust property is used of such sale are used by Beaver County sole- of the boundary lines described in section 2(5). only in accordance with this section.¿ ly for maintenance of public recreation fa- (b) PUBLICATION OF LAND DESCRIPTION.— SECTION 1. SHORT TITLE. cilities located on the remainder of the prop- (1) IN GENERAL.—On completion of the survey This Act may be cited as the ‘‘Sand Creek erty conveyed to it under this section. under subsection (a), and acceptance of the sur- ø Massacre National Historic Site Trust Act of (c) REVERSION.— vey by the representatives of the Tribe, the Sec- ø 2004’’. (1) IN GENERAL.—All property conveyed retary shall cause the full metes and bounds de- under subsection (a), except any portion of SEC. 2. DEFINITIONS. scription of the lines, with a full and accurate the property that is sold by Beaver County In this Act: description of the trust property, to be published (1) SECRETARY.—The term ‘‘Secretary’’ means under subsection (c), shall revert to the in the Federal Register. the Secretary of the Interior. United States upon— (2) EFFECT.—The description shall, on publi- (2) FACILITY.—The term ‘‘facility’’ means any ø(A) use of the property by Beaver County structure, utility, road, or sign constructed on cation, constitute the official description of the for any purpose other than public recreation the trust property on or after the date of enact- trust property. or sale under subsection (b); or ment of this Act. SEC. 6. ADMINISTRATION OF TRUST PROPERTY. ø(B) use of any proceeds of a sale under (3) IMPROVEMENT.—The term ‘‘improvement’’ (a) IN GENERAL.—The trust property shall be subsection (b) other than for maintenance in means— administered in perpetuity by the Secretary as accordance with subsection (b). (A) a 1,625 square foot 1-story ranch house, part of the Sand Creek Massacre National His- ø(2) REPAYMENT OF PROCEEDS.—Upon any built in 1952, located in the SW quarter of sec. toric Site, only for historical, traditional, cul- reversion under this subsection, Beaver 30, T. 17 S., R. 45 W., sixth principal meridian; tural, and other uses in accordance with the County shall pay to the United States the

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.111 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9353 proceeds of any sale of property by Beaver (1) in subsection (a)— (2) to the Jean Lafitte National Historical County under subsection (b).¿ (A) by striking ‘‘(a) Within the’’ and all Park shall be considered to be a reference to SECTION 1. CONVEYANCE TO BEAVER COUNTY, that follows through the first sentence and the Jean Lafitte National Historical Park UTAH. inserting the following: and Preserve. (a) IN GENERAL.—As soon as practicable after ‘‘(a) IN GENERAL.— (b) CONFORMING AMENDMENTS.—Title IX of the date of enactment of this Act, the Secretary ‘‘(1) BARATARIA PRESERVE UNIT.— the National Parks and Recreation Act of of the Interior shall, without consideration and ‘‘(A) IN GENERAL.—The Secretary may ac- 1978 (16 U.S.C. 230 et seq.) is amended— subject to valid existing rights, convey to Beaver quire any land, water, and interests in land (1) by striking ‘‘Barataria Marsh Unit’’ County, Utah (referred to in this Act as the and water within the boundary of the each place it appears and inserting ‘‘County’’), all right, title, and interest of the Barataria Preserve Unit, as depicted on the ‘‘Barataria Preserve Unit’’; and United States in and to the approximately 200 map described in section 901, by donation, (2) by striking ‘‘Jean Lafitte National His- acres depicted as ‘‘Minersville State Park’’ on purchase with donated or appropriated funds, torical Park’’ each place it appears and in- the map entitled ‘‘S. 2285, Minersville State transfer from any other Federal agency, or serting ‘‘Jean Lafitte National Historical Park’’ and dated April 30, 2004, for use for pub- exchange. Park and Preserve’’. ø lic recreation. ‘‘ (B) LIMITATIONS.—With respect to the The committee amendments were (b) RECONVEYANCE BY BEAVER COUNTY.— areas on the map identified as ‘Bayou aux agreed to. (1) IN GENERAL.—Notwithstanding subsection Carpes Addition’ and ‘CIT Tract Addition’— The bill (S. 2287), as amended, was ø (a), Beaver County may sell, for not less than ‘‘ (i) any Federal land acquired in the read the third time and passed, as fol- fair market value, a portion of the property con- areas shall be transferred to the administrative jurisdiction of the National Park Serv- lows: veyed to the County under this section, if the (The bill will be printed in a future proceeds of such sale are used by the County ice; and ø edition of the RECORD.) solely for maintenance of public recreation fa- ‘‘ (ii) any private land in the areas may be acquired by the Secretary only with the con- cilities located on the remainder of the property f sent of the owner of the land.’’;¿ conveyed to the County under this section. ‘‘(B) LIMITATIONS.— NEW MEXICO WATER PLANNING (2) LIMITATION.—If the County does not com- ‘‘(i) IN GENERAL.—With respect to the areas on ASSISTANCE ACT ply with the requirements of paragraph (1) in the map identified as ‘Bayou aux Carpes Addi- The Senate proceeded to consider the the conveyance of the property under that para- tion’ and ‘CIT Tract Addition’— graph— ‘‘(I) any Federal land acquired in the areas bill (S. 2460) to provide assistance to (A) the County shall pay to the United States shall be transferred without consideration to the the State of New Mexico for the devel- the proceeds of the conveyance; and administrative jurisdiction of the National Park opment of comprehensive State water (B) the Secretary of the Interior may require Service; and plans, and for other purposes, which that all property conveyed under subsection (a) ‘‘(II) any private land in the areas may be ac- had been reported from the Committee (other than the property sold by the County quired by the Secretary only with the consent of on Energy and Natural Resources, with under paragraph (1)) revert to the United the owner of the land. an amendment to strike all after the States. ‘‘(ii) EASEMENTS.—Any Federal land in the The committee amendment in the area identified on the map as ‘CIT Tract Addi- enacting clause and insert in lieu nature of a substitute was agreed to. tion’ that is transferred under clause (i)(I) shall thereof the following: (Strike the part shown in black The bill (S. 2285), as amended, was be subject to any easements that have been brackets and insert the part shown in read the third time and passed. agreed to by the Secretary and the Secretary of the Army.’’; italic.) f (B) in the second sentence, by striking S. 2460 JEAN LAFITTE NATIONAL HISTOR- ‘‘The Secretary may also’’ and inserting the Be it enacted by the Senate and House of Rep- following: ICAL PARK AND PRESERVE resentatives of the United States of America in ‘‘(2) FRENCH QUARTER.—The Secretary Congress assembled, BOUNDARY ADJUSTMENT ACT may’’; øSECTION 1. SHORT TITLE. OF 2004 (C) in the third sentence, by striking øThis Act may be cited as the ‘‘New Mex- ‘‘Lands, waters, and interests therein’’ and The Senate proceeded to consider the ico Water Planning Assistance Act’’. inserting the following: bill (S. 2287) to adjust the boundary of øSEC. 2. DEFINITIONS. ‘‘(3) ACQUISITION OF STATE LAND.—Land, ø the Barataria Preserve Unit of the water, and interests in land and water’’; and In this Act: ø Jean Lafitte National Historical Park (D) in the fourth sentence, by striking ‘‘In (1) SECRETARY.—The term ‘‘Secretary’’ and Preserve in the State of Louisiana, acquiring’’ and inserting the following: means the Secretary of the Interior, acting through the Bureau of Reclamation and the and for other purposes, which had been ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.— United States Geological Survey. reported from the Committee on En- In acquiring’’; ø(2) STATE.—The term ‘‘State’’ means the ergy and Natural Resources, with (2) by striking subsections (b) through (f) and inserting the following: State of New Mexico. amendments, as follows: ø ‘‘(b) RESOURCE PROTECTION.—With respect SEC. 3. COMPREHENSIVE WATER PLAN ASSIST- (Strike the part shown in black to the land, water, and interests in land and ANCE. ø brackets and insert the part shown in water of the Barataria Preserve Unit, the (a) IN GENERAL.—On the request of the the italic.) Secretary shall preserve and protect— Governor of the State and subject to subsections (b) through (e), the Secretary S. 2287 ‘‘(1) fresh water drainage patterns; shall— Be it enacted by the Senate and House of Rep- ‘‘(2) vegetative cover; ‘‘(3) the integrity of ecological and biologi- ø(1) provide to the State technical assist- resentatives of the United States of America in ance and grants for the development of com- Congress assembled, cal systems; and ‘‘(4) water and air quality.’’; and prehensive State water plans; SECTION 1. SHORT TITLE. (3) by redesignating subsection (g) as sub- ø(2) conduct water resources mapping in This Act may be cited as the ‘‘Jean Lafitte section (c). the State; and National Historical Park and Preserve (c) HUNTING, FISHING, AND TRAPPING.—Sec- ø(3) conduct a comprehensive study of Boundary Adjustment Act of 2004’’. tion 905 of the National Parks and Recre- groundwater resources (including potable, SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL ation Act of 1978 (16 U.S.C. 230d) is amended brackish, and saline water resources) in the PARK AND PRESERVE BOUNDARY in the first sentence by striking ‘‘within the State to assess the quantity, quality, and ADJUSTMENT. core area and on those lands acquired by the interaction of groundwater and surface (a) IN GENERAL.—Section 901 of the Na- Secretary pursuant to section 902(c) of this water resources. tional Parks and Recreation Act of 1978 (16 title, he’’ and inserting ‘‘the Secretary’’. ø(b) TECHNICAL ASSISTANCE.—Technical as- U.S.C. 230) is amended in the second sentence (d) ADMINISTRATION.—Section 906 of the Na- sistance provided under subsection (a) may by striking ‘‘twenty thousand acres gen- tional Parks and Recreation Act of 1978 (16 include— erally depicted on the map entitled U.S.C. 230e) is amended— ø(1) acquisition of hydrologic data, ground- ‘Barataria Marsh Unit-Jean Lafitte National (1) by striking the first sentence; and water characterization, database develop- Historical Park and Preserve’ numbered (2) in the second sentence, by striking ment, and data distribution; 90,000B and dated April 1978,’’ and inserting ‘‘Pending such establishment and thereafter ø(2) expansion of climate, surface water, ‘‘23,000 acres generally depicted on the map the’’ and inserting ‘‘The’’. and groundwater monitoring networks; entitled ‘Boundary Map, Barataria Preserve SEC. 3. REFERENCES IN LAW. ø(3) assessment of existing water resources, Unit, Jean Lafitte National Historical Park (a) IN GENERAL.—Any reference in a law surface water storage, and groundwater stor- and Preserve’, numbered 467/ø81000¿ 80100, (including regulations), map, document, age potential; and dated August 2002,’’. paper, or other record of the United States— ø(4) numerical analysis and modeling nec- (b) ACQUISITION OF LAND.—Section 902 of (1) to the Barataria Marsh Unit shall be essary to provide an integrated under- the National Parks and Recreation Act of considered to be a reference to the Barataria standing of water resources and water man- 1978 (16 U.S.C. 230a) is amended— Preserve Unit; or agement options;

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.115 S15PT1 S9354 CONGRESSIONAL RECORD — SENATE September 15, 2004 ø(5) participation in State planning forums (6) coordination of Federal water management The bill (S. 2508), as amended, was and planning groups; planning efforts; read the third time and passed. ø(6) coordination of Federal water manage- (7) technical review of data, models, planning scenarios, and water plans developed by the ment planning efforts; f ø(7) technical review of data, models, plan- State; and ning scenarios, and water plans developed by (8) provision of scientific and technical spe- the State; and cialists to support State and local activities. CHIMAYO WATER SUPPLY SYSTEM ø(8) provision of scientific and technical (c) ALLOCATION.—In providing grants under AND ESPANOLA FILTRATION FA- specialists to support State and local activi- subsection (a), the Secretary shall, subject to the CILITY ACT OF 2004 ties. availability of appropriations, allocate— ø(c) ALLOCATION.—In providing grants (1) $5,000,000 to develop hydrologic models and The Senate proceeded to consider the under subsection (a), the Secretary shall, acquire associated equipment for the New Mex- bill (S. 2511) to direct the Secretary of subject to the availability of appropriations, ico Rio Grande main stem sections and Rios the Interior to conduct a feasibility allocate— Pueblo de Taos and Hondo, Rios Nambe, study of a Chimayo water supply sys- ø(1) $5,000,000 to develop hydrologic models Pojoaque and Teseque, Rio Chama, and Lower tem, to provide for the planning, de- and acquire associated equipment for the Rio Grande tributaries; (2) $1,500,000 to complete the hydrographic sign, and construction of a water sup- New Mexico Rio Grande main stem sections ply, reclamation, and filtration facility and Rio Taos and Hondo, Rios Nambe, survey development of hydrologic models and Pojoaque and Teseque, Rio Chama, and acquire associated equipment for the San Juan for Espanola, New Mexico, and for Lower Rio Grande tributaries; River and tributaries; other purposes, which had been re- ø(2) $1,500,000 to complete the hydrographic (3) $1,000,000 to complete the hydrographic ported from the Committee on Energy survey development of hydrologic models survey development of hydrologic models and and Natural Resources, with an amend- and acquire associated equipment for the acquire associated equipment for Southwest New ment to strike all after the enacting San Juan River and tributaries; Mexico, including the Animas Basin, the Gila clause and insert in lieu thereof the ø(3) $1,000,000 to complete the hydrographic River, and tributaries; (4) $4,500,000 for statewide digital following: survey development of hydrologic models orthophotography mapping; and and acquire associated equipment for South- (Strike the part shown in black (5) such sums as are necessary to carry out west New Mexico, including the Animas brackets and insert the part shown in additional projects consistent with subsection Basin, the Gila River, and tributaries; italic.) ø (b). (4) $4,500,000 for statewide digital (d) COST-SHARING REQUIREMENT.— S. 2511 orthophotography mapping; and (1) IN GENERAL.—The non-Federal share of ø(5) such sums as are necessary to carry Be it enacted by the Senate and House of Rep- the total cost of any activity carried out using resentatives of the United States of America in out additional projects consistent with sub- a grant provided under subsection (a) shall be Congress assembled, section (b). 50 percent. ø ø (d) NON-REIMBURSABLE AND NO COST- (2) FORM OF NON-FEDERAL SHARE.—The non- SECTION 1. SHORT TITLE. SHARING.—Any assistance or grants provided Federal share under paragraph (1) may be in øThis Act may be cited as the ‘‘Chimayo to the State under this Act shall be made on the form of any in-kind services that the Sec- Water Supply System and Espanola Filtra- a non-reimbursable basis and without a cost- retary determines would contribute substan- tion Facility Act of 2004’’. sharing requirement. tially toward the conduct and completion of the ø ø(e) AUTHORIZED TRANSFERS.—On request TITLE I—CHIMAYO WATER SUPPLY activity assisted. of the State, the Secretary shall directly SYSTEM (e) NON-REIMBURSABLE BASIS.—Any assist- transfer to 1 or more Federal agencies any ance or grants provided to the State under this øSEC. 101. DEFINITIONS. amounts made available to the State to Act shall be made on a non-reimbursable basis. øIn this title: carry out this Act. (f) AUTHORIZED TRANSFERS.—On request of ø(1) SECRETARY.—The term ‘‘Secretary’’ ø SEC. 4. AUTHORIZATION OF APPROPRIATIONS. the State, the Secretary shall directly transfer to means the Secretary of the Interior, acting ø There is authorized to be appropriated to 1 or more Federal agencies any amounts made through the Commissioner of Reclamation. carry out this Act $2,500,000 for each of fiscal available to the State to carry out this Act. ø(2) STUDY AREA.—The term ‘‘study area’’ years 2005 through 2009.¿ SEC. 4. AUTHORIZATION OF APPROPRIATIONS. means the Santa Cruz River Valley in the SECTION 1. SHORT TITLE. There is authorized to be appropriated to eastern margin of the Espanola Basin. This Act may be cited as the ‘‘New Mexico carry out this Act $3,000,000 for each of fiscal ø(3) SYSTEM.—The term ‘‘system’’ means a Water Planning Assistance Act’’. years 2005 through 2009. water supply system described in section SEC. 2. DEFINITIONS. The committee amendment in the 102(a). In this Act: ø(4) TOWN.—The term ‘‘Town’’ means the (1) SECRETARY.—The term ‘‘Secretary’’ means nature of a substitute was agreed to. town of Chimayo, New Mexico, located in the Secretary of the Interior, acting through the The bill (S. 2460), as amended, was Rio Arriba County and Santa Fe County, Bureau of Reclamation and the United States read the third time and passed. New Mexico. Geological Survey. f ø (2) STATE.—The term ‘‘State’’ means the State LAKE NIGHTHORSE SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEA- of New Mexico. SIBILITY STUDY. SEC. 3. COMPREHENSIVE WATER PLAN ASSIST- The Senate proceeded to consider the ø(a) IN GENERAL.—The Secretary, in co- ANCE. bill (S. 2508) to redesignate the Ridges operation with appropriate State and local (a) IN GENERAL.—Upon the request of the Basin Reservoir, Colorado, as Lake authorities, shall conduct a study to deter- Governor of the State and subject to subsections Nighthorse, which had been reported mine the feasibility of constructing a water (b) through (f), the Secretary shall— from the Committee on Energy and supply system for the Town in the study area (1) provide to the State technical assistance Natural Resources, with an amend- that includes potable water transmission and grants for the development of comprehen- lines, pump stations, and storage reservoirs. sive State water plans; ment, as follows: ø (Insert the part shown in italic.) (b) SCOPE OF STUDY.—In conducting the (2) conduct water resources mapping in the study under subsection (a), the Secretary State; and S. 2508 shall— (3) conduct a comprehensive study of ground- Be it enacted by the Senate and House of Rep- ø(1) consider operating the system in con- water resources (including potable, brackish, resentatives of the United States of America in nection with the Espanola Water Filtration and saline water resources) in the State to as- Congress assembled, Facility; sess the quantity, quality, and interaction of SECTION 1. RENAMING OF RESERVOIR. ø(2) consider various options for supplying groundwater and surface water resources. The reservoir known as the ‘‘Ridges Basin water to the Town, including connection to a (b) TECHNICAL ASSISTANCE.—Technical assist- Reservoir’’ located on Basin Creek, a tributary regional water source, local sources, sources ance provided under subsection (a) may in- of the Animas River in Colorado, constructed distributed throughout the Town, and clude— under section 6(a) of the Colorado Ute Indian (1) acquisition of hydrologic data, ground- sources located on adjacent Bureau of Land Water Rights Settlement Act of 1988 (102 water characterization, database development, Management land; Stat. 2975; 114 Stat. 2763A–260), shall be ø(3) consider reusing or recycling water and data distribution; known and designated as ‘‘Lake (2) expansion of climate, surface water, and from local or regional sources; Nighthorse’’. groundwater monitoring networks; ø(4) consider using alternative water sup- (3) assessment of existing water resources, sur- SEC. 2. REFERENCES. plies such as surface water, brackish water, face water storage, and groundwater storage po- Any reference in a law, map, regulation, nonpotable water, or deep aquifer ground- tential; document, paper, or other record of the water; and (4) numerical analysis and modeling necessary United States to the reservoir referred to in ø(5) determine the total lifecycle costs of to provide an integrated understanding of water section 1 shall be deemed to be a reference to the system, including— resources and water management options; Lake Nighthorse. ø(A) long-term operation, maintenance, re- (5) participation in State planning forums and The committee amendment was placement, and treatment costs of the sys- planning groups; agreed to. tem; and

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.116 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9355 ø(B) management costs (including per- øSEC. 202. ESPANOLA WATER FILTRATION FACIL- (5) determine the total lifecycle costs of the sonnel costs). ITY. system, including— ø ø(c) DEADLINE FOR STUDY.—As soon as (a) IN GENERAL.—The Secretary shall pro- (A) long-term operation, maintenance, re- practicable after the date of enactment of vide financial assistance to the city of placement, and treatment costs of the system; this Act, but not later than 3 years after the Espanola, New Mexico, for the construction and date of the enactment of this Act, the Sec- of an Espanola water filtration facility con- (B) management costs (including personnel sisting of projects— retary shall complete the study. costs). ø(1) to divert and fully use imported water ø(d) COST SHARING.—The Federal share of (c) DEADLINE FOR STUDY.—As soon as prac- to meet future demands in the greater ticable, but not later than 3 years after the date the cost of the study shall be 75 percent. Espanola, New Mexico region, including con- ø of enactment of this Act, the Secretary shall (e) EASEMENTS; DRILLING.— struction of— ø complete the study. (1) EASEMENTS.—The Secretary may re- ø(A) presedimentation basins for removal serve any easements on Bureau of Land Man- (d) COST SHARING.—The Federal share of the of sediments; cost of the study shall be 75 percent. agement land adjacent to the study area ø(B) an influent pump station to supply that are necessary to carry out this section. (e) COORDINATION.—The Secretary shall co- water into treatment facilities; ordinate activities of the Bureau of Reclama- ø(2) DRILLING.—The Secretary, in coopera- ø(C) a pretreatment facility; tion, the Bureau of Land Management, and the tion with the Director of the United States ø (D) filtration facilities; United States Geological Survey in the further- Geological Survey, may drill any explor- ø (E) finished water storage facilities; ance of the study, including— atory wells on Bureau of Land Management ø (F) a finished water booster pump station; (1) accessing any Bureau of Land Manage- land adjacent to the study area that are nec- ø (G) sludge dewatering facilities; and ment land adjacent to the study area that is essary to determine water resources avail- ø (H) potable water transmission lines to necessary to carry out this section; and able for the Town. connect into the water distribution facilities (2) the drilling of any exploratory wells on ø (f) REPORT.—The Secretary shall submit of the city of Espanola, New Mexico; and Bureau of Land Management land adjacent to ø to Congress a report on the results of the (2) to use reclaimed water to enhance the study area that are necessary to determine feasibility study as soon as practicable after groundwater resources and surface water water resources available for the Town. the date of enactment of this Act, but not supplies. (f) REPORT.—The Secretary shall submit to ø later than the earlier of— (b) PARTICIPATION.—The Secretary may Congress a report on the results of the feasibility ø (1) the date that is 1 year after the date of provide financial assistance to the Santa study not later than the earlier of— completion of the feasibility study; or Clara and San Juan Pueblos of New Mexico (1) the date that is 1 year after the date of ø and the non-Federal sponsors of the facility (2) the date that is 4 years after the date completion of the feasibility study; or for the study, planning, design, and con- of enactment of this Act. (2) the date that is 4 years after the date of struction of a water delivery resource and in- øSEC. 103. EMERGENCY WATER SUPPLY DEVEL- enactment of this Act. OPMENT ASSISTANCE. frastructure development for the Santa Clara and San Juan Pueblos as a component SEC. 103. EMERGENCY WATER SUPPLY DEVELOP- ø(a) IN GENERAL.—The Secretary may of the facility. MENT ASSISTANCE. enter into contracts with water authorities ø(c) COST SHARING.—The Federal share of (a) IN GENERAL.—The Secretary may enter in the study area to provide emergency the total cost of the facility and the compo- into contracts with water authorities in the water supply development assistance to any nent shall not exceed 25 percent. study area to provide emergency water supply eligible person or entity, as the Secretary ø(d) LIMITATION ON USE OF FUNDS.—Funds development assistance to any eligible person or determines to be appropriate. provided by the Secretary may not be used entity, as the Secretary determines to be appro- ø(b) ELIGIBLE ACTIVITIES.—The Secretary for the operation or maintenance of the fa- priate. may provide assistance under subsection (a) cility or the component. (b) ELIGIBLE ACTIVITIES.—The Secretary may for— øSEC. 203. AUTHORIZATION OF APPROPRIATIONS. provide assistance under subsection (a) for— ø(1) hauling water; øThere is authorized to be appropriated for (1) hauling water; ø(2) the installation of water purification the construction of the facility $3,000,000 for (2) the installation of water purification tech- technology at the community wells or indi- the period of fiscal years 2005 through 2009.¿ nology at the community wells or individual vidual point-of-use; SECTION 1. SHORT TITLE. point-of-use; ø(3) the drilling of wells; This Act may be cited as the ‘‘Chimayo Water (3) the drilling of wells; ø(4) the installation of pump stations and Supply System and Espanola Filtration Facility (4) the installation of pump stations and stor- storage reservoirs; Act of 2004’’. age reservoirs; ø (5) the installation of transmission and dis- (5) the installation of transmission and TITLE I—CHIMAYO WATER SUPPLY tribution pipelines to bring water to individual distribution pipelines to bring water to indi- SYSTEM vidual residential service connections; residential service connections; SEC. 101. DEFINITIONS. ø(6) the engineering, design, and installa- (6) the engineering, design, and installation of In this title: an emergency water supply system; and tion of an emergency water supply system; (1) SECRETARY.—The term ‘‘Secretary’’ means (7) any other eligible activity, as the Secretary and the Secretary of the Interior. ø determines to be appropriate. (7) any other eligible activity, as the Sec- (2) STUDY AREA.—The term ‘‘study area’’ (c) COST SHARING.—The Federal share of the retary determines to be appropriate. means the Santa Cruz River Valley in the east- cost of any activity under this section shall be ø(c) COST SHARING.—The Federal share of ern margin of the Espanola Basin. the cost of any activity assisted under this (3) SYSTEM.—The term ‘‘system’’ means a 75 percent. section shall be 75 percent. water supply system described in section 102(a). SEC. 104. AUTHORIZATION OF APPROPRIATIONS. øSEC. 104. AUTHORIZATION OF APPROPRIATIONS. (4) TOWN.—The term ‘‘Town’’ means the town (a) IN GENERAL.—There is authorized to be of Chimayo, New Mexico, located in Rio Arriba appropriated— ø(a) IN GENERAL.—There is authorized to be County and Santa Fe County, New Mexico. (1) to carry out section 102, $2,000,000 for the appropriated— period of fiscal years 2005 through 2008; and ø(1) to carry out section 102, $2,000,000 for SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEA- SIBILITY STUDY. (2) to carry out section 103, $3,000,000 for the the period of fiscal years 2005 through 2008; (a) IN GENERAL.—The Secretary, in coopera- period of fiscal years 2005 through 2010. and tion with appropriate State and local authori- (b) LIMITATION.—Amounts made available ø(2) to carry out section 103, $3,000,000 for ties, shall conduct a study to determine the fea- under subsection (a)(1) shall not be available for the period of fiscal years 2005 through 2010. sibility of constructing a water supply system the construction of water infrastructure for the ø (b) LIMITATION.—Amounts made available for the Town in the study area that includes po- system. under subsection (a)(1) shall not be available table water transmission lines, pump stations, for the construction of water infrastructure TITLE II—ESPANOLA WATER FILTRATION and storage reservoirs. FACILITY for the system. (b) SCOPE OF STUDY.—In conducting the study SEC. 201. DEFINITIONS. øTITLE II—ESPANOLA WATER FILTRATION under subsection (a), the Secretary shall— In this title: FACILITY (1) consider operating the system in connec- (1) COMPONENT.—The term ‘‘component’’ ø tion with the Espanola Water Filtration Facil- SEC. 201. DEFINITIONS. ity; means a water delivery infrastructure develop- øIn this title: (2) consider various options for supplying ment described in section 202(b). ø(1) COMPONENT.—The term ‘‘component’’ water to the Town, including connection to a (2) FACILITY.—The term ‘‘facility’’ means the means a water delivery resource or infra- regional water source, local sources, sources dis- Espanola water filtration facility described in structure development described in section tributed throughout the Town, and sources lo- section 202(a). 202(b). cated on adjacent Bureau of Land Management (3) SECRETARY.—The term ‘‘Secretary’’ means ø(2) FACILITY.—The term ‘‘facility’’ means land; the Secretary of the Interior, acting through the the Espanola water filtration facility de- (3) consider reusing or recycling water from Commissioner of Reclamation. scribed in section 202(a). local or regional sources; SEC. 202. ESPANOLA WATER FILTRATION FACIL- ø(3) SECRETARY.—The term ‘‘Secretary’’ (4) consider using alternative water supplies ITY. means the Secretary of the Interior, acting such as surface water, brackish water, non- (a) IN GENERAL.—The Secretary shall provide through the Commissioner of Reclamation. potable water, or deep aquifer groundwater; and financial assistance to the city of Espanola,

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00115 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.117 S15PT1 S9356 CONGRESSIONAL RECORD — SENATE September 15, 2004 New Mexico, for the construction of an ø(B) to act as a catalyst for the implemen- øSEC. 4. SUITABILITY-FEASIBILITY STUDIES. Espanola water filtration facility consisting of tation of projects and programs among di- ø(a) CRITERIA.—In conducting or reviewing projects— verse partners in the National Heritage a suitability-feasibility study, the Secretary (1) to divert and fully use imported water to Area. shall apply the following criteria to deter- meet future demands in the greater Espanola, ø(2) MANAGEMENT PLAN.—The term ‘‘man- mine the suitability and feasibility of desig- New Mexico region, including construction of— agement plan’’ means the plan prepared by nating a proposed National Heritage Area: (A) presedimentation basins for removal of the local coordinating entity for a National ø(1) An area— sediments; Heritage Area designated by Congress that ø(A) has an assemblage of natural, historic, (B) an influent pump station to supply water specifies actions, policies, strategies, per- cultural, educational, scenic, or recreational into treatment facilities; formance goals, and recommendations to resources that together are nationally sig- (C) a pretreatment facility; meet the goals of the National Heritage nificant to the heritage of the United States; (D) filtration facilities; ø (E) finished water storage facilities; Area, in accordance with section 5. (B) represents distinctive aspects of the (F) a finished water booster pump station; ø(3) NATIONAL HERITAGE AREA.—The term heritage of the United States worthy of rec- (G) sludge dewatering facilities; and ‘‘National Heritage Area’’ means an area ognition, conservation, interpretation, and (H) potable water transmission lines to con- designated by Congress that is nationally continuing use; nect into the water distribution facilities of the significant to the heritage of the United ø(C) is best managed as such an assemblage city of Espanola, New Mexico; and States and meets the criteria established through partnerships among public and pri- (2) to use reclaimed water to enhance ground- under section 4(a). vate entities at the local or regional level; water resources and surface water supplies. ø(4) NATIONAL SIGNIFICANCE.—The term ø(D) reflects traditions, customs, beliefs, (b) PARTICIPATION.—The Secretary may pro- ‘‘national significance’’ means possession and folklife that are a valuable part of the vide financial assistance to the Santa Clara and of— heritage of the United States; San Juan Pueblos of New Mexico and the non- ø(A) unique natural, historical, cultural, ø(E) provides outstanding opportunities to Federal sponsors of the facility for the study, educational, scenic, or recreational re- conserve natural, historical, cultural, or sce- planning, design, and construction of a water sources of exceptional value or quality; and nic features; delivery infrastructure development for the ø(B) a high degree of integrity of location, ø(F) provides outstanding recreational or Santa Clara and San Juan Pueblos as a compo- setting, or association in illustrating or in- educational opportunities; and nent of the facility. terpreting the heritage of the United States. ø(G) has resources and traditional uses (c) COST SHARING.—The Federal share of the ø(5) PROGRAM.—The term ‘‘program’’ that have national significance. total cost of the facility and the component means the National Heritage Areas program ø(2) Residents, business interests, non- shall not exceed 25 percent. established under section 3(a). profit organizations, and governments (in- (d) LIMITATION ON USE OF FUNDS.—Funds ø(6) PROPOSED NATIONAL HERITAGE AREA.— cluding relevant Federal land management provided by the Secretary may not be used for The term ‘‘proposed National Heritage Area’’ agencies) within the proposed area are in- the operation or maintenance of the facility or means an area under study by the Secretary volved in the planning and have dem- the component. or other parties for potential designation by onstrated significant support through letters SEC. 203. AUTHORIZATION OF APPROPRIATIONS. Congress as a National Heritage Area. and other means for National Heritage Area There is authorized to be appropriated for the ø(7) SECRETARY.—The term ‘‘Secretary’’ designation and management. construction of the facility $3,000,000 for the pe- means the Secretary of the Interior. ø(3) The local coordinating entity respon- riod of fiscal years 2005 through 2009. ø(8) SUITABILITY-FEASIBILITY STUDY.—The sible for preparing and implementing the The committee amendment in the term ‘‘suitability-feasibility study’’ means a management plan is identified. nature of a substitute was agreed to. study conducted by the Secretary, or con- ø(4) The proposed local coordinating entity The bill (S. 2511), as amended, was ducted by 1 or more other interested parties and units of government supporting the des- read the third time and passed. and reviewed by the Secretary, in accordance ignation are willing and have documented a f with the criteria and processes established significant commitment to work in partner- NATIONAL HERITAGE under section 4, to determine whether an ship to protect, enhance, interpret, fund, manage, and develop resources within the PARTNERSHIP ACT area meets the criteria to be designated as a National Heritage Area by Congress. National Heritage Area. The Senate proceeded to consider the ø(5) The proposed local coordinating entity øSEC. 3. NATIONAL HERITAGE AREAS PROGRAM. has developed a conceptual financial plan bill (S. 2543) to establish a program and ø criteria for National Heritage Areas in (a) IN GENERAL.—Subject to the avail- that outlines the roles of all participants (in- ability of funds, the Secretary shall establish cluding the Federal Government) in the the United States, and for other pur- a National Heritage Areas program under poses, which had been reported from management of the National Heritage Area. which the Secretary shall provide technical ø(6) The proposal is consistent with contin- the Committee on Energy and Natural and financial assistance to local coordi- ued economic activity within the area. Resources, with an amendment to nating entities to support the establishment ø(7) A conceptual boundary map has been strike all after the enacting clause and of National Heritage Areas. developed and is supported by the public and insert in lieu thereof the following: ø(b) DUTIES.—Under the program, the Sec- participating Federal agencies. (Strike the part shown in black retary shall— ø(b) CONSULTATION.—In conducting or re- brackets and insert the part shown in ø(1)(A) conduct suitability-feasibility stud- viewing a suitability-feasibility study, the italic.) ies, as directed by Congress, to assess the Secretary shall consult with the managers of suitability and feasibility of designating pro- S. 2543 any Federal land within the proposed Na- posed National Heritage Areas; or tional Heritage Area and secure the concur- Be it enacted by the Senate and House of Rep- ø(B) review and comment on suitability- rence of the managers with the findings of resentatives of the United States of America in feasibility studies undertaken by other par- the suitability-feasibility study before mak- Congress assembled, ties to make such assessment; ing a determination for designation. ø SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ø(2) provide technical assistance, on a re- ø(c) TRANSMITTAL.—On completion or re- ø (a) SHORT TITLE.—This Act may be cited imbursable or non-reimbursable basis (as de- ceipt of a suitability-feasibility study for a as the ‘‘National Heritage Partnership Act’’. termined by the Secretary), for the develop- ø National Heritage Area, the Secretary (b) TABLE OF CONTENTS.—The table of con- ment and implementation of management shall— tents of this Act is as follows: plans for designated National Heritage ø(1) review, comment, and make findings øSec. 1. Short title; table of contents. Areas; (in accordance with the criteria specified in ø Sec. 2. Definitions. ø(3) enter into cooperative agreements subsection (a)) on the feasibility of desig- øSec. 3. National Heritage Areas program. ø with interested parties to carry out this Act; nating the National Heritage Area; Sec. 4. Suitability-feasibility studies. ø øSec. 5. Management plans. (4) provide information, promote under- ø(2) consult with the Governor of each øSec. 6. Local coordinating entities. standing, and encourage research on Na- State in which the proposed National Herit- øSec. 7. Relationship to other Federal agen- tional Heritage Areas in partnership with age Area is located; and cies. local coordinating entities; ø(3) transmit to the Committee on Re- øSec. 8. Private property and regulatory pro- ø(5) provide national oversight, analysis, sources of the House of Representatives and tections. coordination, and technical assistance and the Committee on Energy and Natural Re- øSec. 9. Authorization of appropriations. support to ensure consistency and account- sources of the Senate, the suitability-feasi- øSEC. 2. DEFINITIONS. ability under the program; and bility study, including— øIn this Act: ø(6) submit annually to the Committee on ø(A) any comments received from the Gov- ø(1) LOCAL COORDINATING ENTITY.—The Resources of the House of Representatives ernor of each State in which the proposed term ‘‘local coordinating entity’’ means the and the Committee on Energy and Natural National Heritage Area is located; and entity designated by Congress— Resources of the Senate a report describing ø(B) a finding as to whether the proposed ø(A) to develop, in partnership with others, the allocation and expenditure of funds for National Heritage Area meets the criteria the management plan for a National Herit- activities conducted with respect to National for designation. age Area; and Heritage Areas under this Act. ø(d) DISAPPROVAL.—

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ø(1) IN GENERAL.—If the Secretary deter- ø(b) DEADLINE.— the Secretary shall approve or disapprove mines that any proposed National Heritage ø(1) IN GENERAL.—Not later than 3 years the revised management plan. Area does not meet the criteria for designa- after the date on which funds are first made ø(5) AMENDMENTS.— tion, the Secretary shall include within the available to develop the management plan ø(A) IN GENERAL.—An amendment to the suitability-feasibility study submitted under after designation as a National Heritage management plan that substantially alters subsection (c)(3) a description of the reasons Area, the local coordinating entity shall sub- the purposes of the National Heritage Area for the determination. mit the management plan to the Secretary shall be reviewed by the Secretary and ap- ø(2) OTHER FACTORS.—A finding by the Sec- for approval. proved or disapproved in the same manner as retary that a proposed National Heritage ø(2) TERMINATION OF FUNDING.—If the man- the original management plan. Area meets the criteria for designation shall agement plan is not submitted to the Sec- ø(B) IMPLEMENTATION.—The local coordi- not preclude the Secretary from recom- retary in accordance with paragraph (1), the nating entity shall not use Federal funds au- mending against designation of the proposed local coordinating entity shall not qualify thorized by this Act to implement an amend- National Heritage Area based on the budg- for any additional financial assistance under ment to the management plan until the Sec- etary impact of the designation or any other this Act until such time as the management retary approves the amendment. factor unrelated to the criteria. plan is submitted to and approved by the øSEC. 6. LOCAL COORDINATING ENTITIES. ø (e) DESIGNATION.—The designation of a Secretary. ø(a) DUTIES.—To further the purposes of National Heritage Area shall be— ø(c) APPROVAL OF MANAGEMENT PLAN.— the National Heritage Area, the local coordi- ø(1) by Act of Congress; and ø(1) REVIEW.—Not later than 180 days after nating entity shall— ø(2) contingent on the prior completion of receiving the plan, the Secretary shall re- ø(1) prepare a management plan for the Na- a suitability-feasibility study and an affirm- view and approve or disapprove the manage- tional Heritage Area, and submit the man- ative determination by the Secretary that ment plan for a National Heritage Area on agement plan to the Secretary, in accord- the area meets the criteria established under the basis of the criteria established under ance with section 5; subsection (a). paragraph (3). ø(2) submit an annual report to the Sec- ø øSEC. 5. MANAGEMENT PLANS. (2) CONSULTATION.—The Secretary shall retary for each fiscal year for which the ø(a) REQUIREMENTS.—The management consult with the Governor of each State in local coordinating committee receives Fed- plan for any National Heritage Area shall— which the National Heritage Area is located eral funds under this Act, specifying— ø (1) describe comprehensive policies, goals, before approving a management plan for the ø(A) the specific performance goals and ac- strategies, and recommendations for telling National Heritage Area. complishments of the local coordinating ø the story of the heritage of the area covered (3) CRITERIA FOR APPROVAL.—In deter- committee; by the National Heritage Area and encour- mining whether to approve a management ø(B) the expenses and income of the local aging long-term resource protection, en- plan for a National Heritage Area, the Sec- coordinating committee; hancement, interpretation, funding, manage- retary shall consider whether— ø(C) the amounts and sources of matching ø(A) the local coordinating entity rep- ment, and development of the National Her- funds; resents the diverse interests of the National itage Area; ø(D) the amounts leveraged with Federal ø Heritage Area, including governments, nat- (2) include a description of actions and funds and sources of the leveraging; and ural and historic resource protection organi- commitments that governments, private or- ø(E) grants made to any other entities dur- ganizations, and citizens will take to pro- zations, educational institutions, businesses, ing the fiscal year; tect, enhance, interpret, fund, manage, and recreational organizations, community resi- ø(3) make available for audit for each fiscal develop the natural, historical, cultural, edu- dents, and private property owners; year for which the local coordinating entity cational, scenic, and recreational resources ø(B) the local coordinating entity— receives Federal funds under this Act, all in- of the National Heritage Area; ø(i) has afforded adequate opportunity for formation pertaining to the expenditure of ø(3) specify existing and potential sources public and governmental involvement (in- the funds and any matching funds; and of funding or economic development strate- cluding through workshops and hearings) in ø(4) encourage economic viability and sus- gies to protect, enhance, interpret, fund, the preparation of the management plan; and tainability that is consistent with the pur- manage, and develop the National Heritage ø(ii) provides for at least semiannual pub- poses of the National Heritage Area. Area; lic meetings to ensure adequate implementa- ø(b) AUTHORITIES.—For the purposes of pre- ø tion of the management plan; (4) include an inventory of the natural, paring and implementing the approved man- ø(C) the resource protection, enhancement, historical, cultural, educational, scenic, and agement plan for the National Heritage interpretation, funding, management, and recreational resources of the National Herit- Area, the local coordinating entity may use development strategies described in the age Area related to the national significance Federal funds made available under this Act and themes of the National Heritage Area management plan, if implemented, would to— adequately protect, enhance, interpret, fund, that should be protected, enhanced, inter- ø(1) make grants to political jurisdictions, manage, and develop the natural, historic, preted, managed, funded, and developed; nonprofit organizations, and other parties ø cultural, educational, scenic, and rec- (5) recommend policies and strategies for within the National Heritage Area; reational resources of the National Heritage resource management, including the devel- ø(2) enter into cooperative agreements opment of intergovernmental and inter- Area; with or provide technical assistance to polit- agency agreements to protect, enhance, in- ø(D) the management plan would not ad- ical jurisdictions, nonprofit organizations, terpret, fund, manage, and develop the nat- versely affect any activities authorized on Federal agencies, and other interested par- ural, historical, cultural, educational, sce- Federal land under public land laws or land ties; nic, and recreational resources of the Na- use plans; ø(3) hire and compensate staff, including tional Heritage Area; ø(E) the local coordinating entity has dem- individuals with expertise in— ø(6) describe a program for implementation onstrated the financial capability, in part- ø(A) natural, historical, cultural, edu- for the management plan, including— nership with others, to carry out the plan; cational, scenic, and recreational resource ø(A) performance goals; ø(F) the Secretary has received adequate conservation; ø(B) plans for resource protection, en- assurances from the appropriate State and ø(B) economic and community develop- hancement, interpretation, funding, manage- local officials whose support is needed to en- ment; and ment, and development; and sure the effective implementation of the ø(C) heritage planning; ø(C) specific commitments for implementa- State and local elements of the management ø(4) obtain funds or services from any tion that have been made by the local co- plan; and source, including other Federal laws or pro- ordinating entity or any government agency, ø(G) the management plan demonstrates grams; organization, business, or individual; partnerships among the local coordinating ø(5) contract for goods or services; and ø(7) include an analysis of, and rec- entity, Federal, State, and local govern- ø(6) support activities of partners and any ommendations for, means by which Federal, ments, regional planning organizations, non- other activities that further the purposes of State, and local programs may best be co- profit organizations, or private sector par- the National Heritage Area and are con- ordinated (including the role of the National ties for implementation of the management sistent with the approved management plan. Park Service and other Federal agencies as- plan. ø(c) PROHIBITION ON ACQUISITION OF REAL ø sociated with the National Heritage Area) to (4) DISAPPROVAL.— PROPERTY.—The local coordinating entity ø further the purposes of this Act; and (A) IN GENERAL.—If the Secretary dis- may not use Federal funds authorized under ø(8) include a business plan that— approves the management plan, the Sec- this Act to acquire any interest in real prop- ø(A) describes the role, operation, financ- retary— erty. ø ing, and functions of the local coordinating (i) shall advise the local coordinating en- øSEC. 7. RELATIONSHIP TO OTHER FEDERAL entity and of each of the major activities tity in writing of the reasons for the dis- AGENCIES. contained in the management plan; and approval; and ø(a) IN GENERAL.—Nothing in this Act af- ø(B) provides adequate assurances that the ø(ii) may make recommendations to the fects the authority of a Federal agency to local coordinating entity has the partner- local coordinating entity for revisions to the provide technical or financial assistance ships and financial and other resources nec- management plan. under any other law. essary to implement the management plan ø(B) DEADLINE.—Not later than 180 days ø(b) CONSULTATION AND COORDINATION.— for the National Heritage Area. after receiving a revised management plan, The head of any Federal agency planning to

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conduct activities that may have an impact ø(c) MATCHING FUNDS.— (1)(A) conduct studies, as directed by Con- on a National Heritage Area is encouraged to ø(1) IN GENERAL.—As a condition of receiv- gress, to assess the suitability and feasibility of consult and coordinate the activities with ing a grant under this Act, the recipient of designating proposed National Heritage Areas; the Secretary and the local coordinating en- the grant shall provide matching funds in an or tity to the maximum extent practicable. amount that is equal to the amount of the (B) review and comment on studies under- ø(c) OTHER FEDERAL AGENCIES.—Nothing in grant. taken by other parties to make such assessment; this Act— ø(2) ADMINISTRATION.—The recipient (2) provide technical assistance, on a reim- ø(1) modifies, alters, or amends any law or matching funds— bursable or non-reimbursable basis (as deter- regulation authorizing a Federal agency to ø(A) shall be derived from non-Federal mined by the Secretary), for the development manage Federal land under the jurisdiction sources; and and implementation of management plans for of the Federal agency; ø(B) may be made in the form of in-kind designated National Heritage Areas; ø(2) limits the discretion of a Federal land contributions of goods or services fairly val- (3) enter into cooperative agreements with in- manager to implement an approved land use ued.¿ terested parties to carry out this Act; plan within the boundaries of a National SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (4) provide information, promote under- Heritage Area; or (a) SHORT TITLE.—This Act may be cited as standing, and encourage research on National ø(3) modifies, alters, or amends any au- the ‘‘National Heritage Partnership Act’’. Heritage Areas in partnership with local coordi- thorized use of Federal land under the juris- (b) TABLE OF CONTENTS.—The table of con- nating entities; diction of a Federal agency. tents of this Act is as follows: (5) provide national oversight, analysis, co- øSEC. 8. PRIVATE PROPERTY AND REGULATORY Sec. 1. Short title; table of contents. ordination, and technical assistance and sup- PROTECTIONS. port to ensure consistency and accountability øNothing in this Act— Sec. 2. Definitions. under the program; and ø(1) abridges the rights of any property Sec. 3. National Heritage Areas program. (6) submit annually to the Committee on Re- owner (whether public or private), including Sec. 4. Studies. sources of the House of Representatives and the the right to refrain from participating in any Sec. 5. Management plans. Committee on Energy and Natural Resources of plan, project, program, or activity conducted Sec. 6. Local coordinating entities. the Senate a report describing the allocation within the National Heritage Area; Sec. 7. Relationship to other Federal agencies. and expenditure of funds for activities con- ø(2) requires any property owner to permit Sec. 8. Private property and regulatory protec- ducted with respect to National Heritage Areas public access (including access by Federal, tions. under this Act. State, or local agencies) to the property of Sec. 9. Authorization of appropriations. the property owner, or to modify public ac- SEC. 2. DEFINITIONS. SEC. 4. STUDIES. cess or use of property of the property owner In this Act: (a) CRITERIA.—In conducting or reviewing a under any other Federal, State, or local law; (1) LOCAL COORDINATING ENTITY.—The term study, the Secretary shall apply the following ø(3) alters any duly adopted land use regu- ‘‘local coordinating entity’’ means the entity criteria to determine the suitability and feasi- lation, approved land use plan, or other regu- designated by Congress— bility of designating a proposed National Herit- latory authority of any Federal, State or (A) to develop, in partnership with others, the age Area: local agency, or conveys any land use or management plan for a National Heritage Area; (1) An area— other regulatory authority to any local co- and (A) has an assemblage of natural, historic, ordinating entity; (B) to act as a catalyst for the implementation cultural, educational, scenic, or recreational re- ø(4) authorizes or implies the reservation of projects and programs among diverse partners sources that together are nationally important or appropriation of water or water rights; in the National Heritage Area. to the heritage of the United States; ø(5) diminishes the authority of the State (2) MANAGEMENT PLAN.—The term ‘‘manage- (B) represents distinctive aspects of the herit- to manage fish and wildlife, including the ment plan’’ means the plan prepared by the age of the United States worthy of recognition, regulation of fishing and hunting within the local coordinating entity for a National Heritage conservation, interpretation, and continuing National Heritage Area; or Area designated by Congress that specifies ac- use; ø(6) creates any liability, or affects any li- tions, policies, strategies, performance goals, (C) is best managed as such an assemblage ability under any other law, of any private and recommendations to meet the goals of the through partnerships among public and private property owner with respect to any person National Heritage Area, in accordance with sec- entities at the local or regional level; injured on the private property. tion 5. (D) reflects traditions, customs, beliefs, and øSEC. 9. AUTHORIZATION OF APPROPRIATIONS. (3) NATIONAL HERITAGE AREA.—The term ‘‘Na- folklife that are a valuable part of the heritage ø(a) SUITABILITY-FEASIBILITY STUDIES.— tional Heritage Area’’ means an area designated of the United States; There is authorized to be appropriated to by Congress that is nationally significant to the (E) provides outstanding opportunities to con- conduct and review suitability-feasibility heritage of the United States and meets the cri- serve natural, historical, cultural, or scenic fea- studies under section 4 $750,000 for each fiscal teria established under section 4(a). tures; year, of which not more than $250,000 for any (4) NATIONAL IMPORTANCE.—The term ‘‘na- (F) provides outstanding recreational or edu- fiscal year may be used for any individual tional importance’’ means possession of— cational opportunities; and suitability-feasibility study for a proposed (A) unique natural, historical, cultural, edu- (G) has resources and traditional uses that National Heritage Area. cational, scenic, or recreational resources of ex- have national importance. ø(b) LOCAL COORDINATING ENTITIES.— ceptional value or quality; and (2) Residents, business interests, nonprofit or- ø(1) IN GENERAL.—There is authorized to be (B) a high degree of integrity of location, set- ganizations, and governments (including rel- appropriated to carry out section 6 $15,000,000 ting, or association in illustrating or inter- evant Federal land management agencies) with- for each fiscal year, of which not more preting the heritage of the United States. in the proposed area are involved in the plan- than— (5) PROGRAM.—The term ‘‘program’’ means ning and have demonstrated significant support ø(A) $1,000,000 may be made available for the National Heritage Areas program established through letters and other means for National any fiscal year for any individual National under section 3(a). Heritage Area designation and management. Heritage Area, to remain available until ex- (6) PROPOSED NATIONAL HERITAGE AREA.—The (3) The local coordinating entity responsible pended; and term ‘‘proposed National Heritage Area’’ means for preparing and implementing the manage- ø(B) a total of $10,000,000 may be made an area under study by the Secretary or other ment plan is identified. available for all such fiscal years for any in- parties for potential designation by Congress as (4) The proposed local coordinating entity and dividual National Heritage Area. a National Heritage Area. units of government supporting the designation ø(2) TERMINATION DATE.— (7) SECRETARY.—The term ‘‘Secretary’’ means are willing and have documented a significant ø(A) IN GENERAL.—The authority of the the Secretary of the Interior. commitment to work in partnership to protect, Secretary to provide financial assistance to (8) STUDY.—The term ‘‘study’’ means a study enhance, interpret, fund, manage, and develop an individual local coordinating entity under conducted by the Secretary, or conducted by 1 resources within the National Heritage Area. this Act (excluding technical assistance and or more other interested parties and reviewed by (5) The proposed local coordinating entity has administrative oversight) shall terminate on the Secretary, in accordance with the criteria developed a conceptual financial plan that out- the date that is 15 years after the date of the and processes established under section 4, to de- lines the roles of all participants (including the initial receipt of the assistance by the local termine whether an area meets the criteria to be Federal Government) in the management of the coordinating committee. designated as a National Heritage Area by Con- National Heritage Area. ø(B) DESIGNATION.—A National Heritage gress. (6) The proposal is consistent with continued Area shall retain the designation as a Na- SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. economic activity within the area. tional Heritage Area after the termination (a) IN GENERAL.—The Secretary shall estab- (7) A conceptual boundary map has been de- date prescribed in subparagraph (A). lish a National Heritage Areas program under veloped and is supported by the public and par- ø(3) ADMINISTRATION.—Not more than 5 per- which the Secretary shall provide technical and ticipating Federal agencies. cent of the amount of funds made available financial assistance to local coordinating enti- (b) CONSULTATION.—In conducting or review- under paragraph (1) for a fiscal year may be ties to support the establishment of National ing a study, the Secretary shall consult with the used by the Secretary for technical assist- Heritage Areas. managers of any Federal land within the pro- ance, oversight, and administrative pur- (b) DUTIES.—Under the program, the Sec- posed National Heritage Area and secure the poses. retary shall— concurrence of the managers with the findings

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(c) TRANSMITTAL.—On completion or receipt of and functions of the local coordinating entity (5) AMENDMENTS.— a study for a National Heritage Area, the Sec- and of each of the major activities contained in (A) IN GENERAL.—An amendment to the man- retary shall— the management plan; and agement plan that substantially alters the pur- (1) review, comment, and make findings (in (B) provides adequate assurances that the poses of the National Heritage Area shall be re- accordance with the criteria specified in sub- local coordinating entity has the partnerships viewed by the Secretary and approved or dis- section (a)) on the feasibility of designating the and financial and other resources necessary to approved in the same manner as the original National Heritage Area; implement the management plan for the Na- management plan. (2) consult with the Governor of each State in tional Heritage Area. (B) IMPLEMENTATION.—The local coordinating which the proposed National Heritage Area is (b) DEADLINE.— entity shall not use Federal funds authorized by located; and (1) IN GENERAL.—Not later than 3 years after this Act to implement an amendment to the (3) transmit to the Committee on Resources of the date on which funds are first made available management plan until the Secretary approves the House of Representatives and the Committee to develop the management plan after designa- the amendment. tion as a National Heritage Area, the local co- on Energy and Natural Resources of the Senate, SEC. 6. LOCAL COORDINATING ENTITIES. ordinating entity shall submit the management the study, including— (a) DUTIES.—To further the purposes of the plan to the Secretary for approval. (A) any comments received from the Governor National Heritage Area, the local coordinating of each State in which the proposed National (2) TERMINATION OF FUNDING.—If the management plan is not submitted to the Secretary in entity shall— Heritage Area is located; and (1) prepare a management plan for the Na- (B) a finding as to whether the proposed Na- accordance with paragraph (1), the local coordinating entity shall not qualify for any additional Heritage Area, and submit the manage- tional Heritage Area meets the criteria for des- ment plan to the Secretary, in accordance with ignation. tional financial assistance under this Act until such time as the management plan is submitted section 5; (d) DISAPPROVAL.—If the Secretary determines (2) submit an annual report to the Secretary that any proposed National Heritage Area does to and approved by the Secretary. (c) APPROVAL OF MANAGEMENT PLAN.— for each fiscal year for which the local coordi- not meet the criteria for designation, the Sec- (1) REVIEW.—Not later than 180 days after re- nating committee receives Federal funds under retary shall include within the study submitted ceiving the plan, the Secretary shall review and this Act, specifying— under subsection (c)(3) a description of the rea- approve or disapprove the management plan for (A) the specific performance goals and accom- sons for the determination. a National Heritage Area on the basis of the cri- plishments of the local coordinating committee; (e) DESIGNATION.—The designation of a Na- teria established under paragraph (3). (B) the expenses and income of the local co- tional Heritage Area shall be— (2) CONSULTATION.—The Secretary shall con- ordinating committee; (1) by Act of Congress; and sult with the Governor of each State in which (C) the amounts and sources of matching (2) contingent on the prior completion of a the National Heritage Area is located before ap- funds; study and an affirmative determination by the proving a management plan for the National (D) the amounts leveraged with Federal funds Secretary that the area meets the criteria estab- Heritage Area. and sources of the leveraging; and lished under subsection (a). (3) CRITERIA FOR APPROVAL.—In determining (E) grants made to any other entities during SEC. 5. MANAGEMENT PLANS. whether to approve a management plan for a the fiscal year; (a) REQUIREMENTS.—The management plan National Heritage Area, the Secretary shall con- (3) make available for audit for each fiscal for any National Heritage Area shall— sider whether— year for which the local coordinating entity re- (1) describe comprehensive policies, goals, (A) the local coordinating entity represents ceives Federal funds under this Act, all informa- strategies, and recommendations for telling the the diverse interests of the National Heritage tion pertaining to the expenditure of the funds story of the heritage of the area covered by the Area, including governments, natural and his- and any matching funds; and National Heritage Area and encouraging long- toric resource protection organizations, edu- (4) encourage economic viability and sustain- term resource protection, enhancement, inter- cational institutions, businesses, recreational or- ability that is consistent with the purposes of pretation, funding, management, and develop- ganizations, community residents, and private the National Heritage Area. ment of the National Heritage Area; property owners; (b) AUTHORITIES.—For the purposes of pre- (2) include a description of actions and com- (B) the local coordinating entity— paring and implementing the approved manage- mitments that governments, private organiza- (i) has afforded adequate opportunity for pub- ment plan for the National Heritage Area, the tions, and citizens will take to protect, enhance, lic and governmental involvement (including local coordinating entity may use Federal funds interpret, fund, manage, and develop the nat- through workshops and hearings) in the prepa- made available under this Act to— ural, historical, cultural, educational, scenic, ration of the management plan; and (1) make grants to political jurisdictions, non- and recreational resources of the National Her- (ii) provides for at least semiannual public profit organizations, and other parties within itage Area; meetings to ensure adequate implementation of the National Heritage Area; (3) specify existing and potential sources of the management plan; (2) enter into cooperative agreements with or funding or economic development strategies to (C) the resource protection, enhancement, in- provide technical assistance to political jurisdic- protect, enhance, interpret, fund, manage, and terpretation, funding, management, and devel- tions, nonprofit organizations, Federal agencies, develop the National Heritage Area; opment strategies described in the management and other interested parties; (4) include an inventory of the natural, his- plan, if implemented, would adequately protect, (3) hire and compensate staff, including indi- torical, cultural, educational, scenic, and rec- enhance, interpret, fund, manage, and develop viduals with expertise in— reational resources of the National Heritage the natural, historic, cultural, educational, sce- (A) natural, historical, cultural, educational, Area related to the national importance and nic, and recreational resources of the National scenic, and recreational resource conservation; themes of the National Heritage Area that Heritage Area; (B) economic and community development; should be protected, enhanced, interpreted, (D) the management plan would not adversely and managed, funded, and developed; affect any activities authorized on Federal land (C) heritage planning; (5) recommend policies and strategies for re- under public land laws or land use plans; (4) obtain funds or services from any source, (E) the local coordinating entity has dem- source management, including the development including other Federal laws or programs; onstrated the financial capability, in partner- of intergovernmental and interagency agree- (5) contract for goods or services; and ship with others, to carry out the plan; ments to protect, enhance, interpret, fund, man- (6) support activities of partners and any (F) the Secretary has received adequate assur- age, and develop the natural, historical, cul- other activities that further the purposes of the ances from the appropriate State and local offi- tural, educational, scenic, and recreational re- National Heritage Area and are consistent with cials whose support is needed to ensure the ef- sources of the National Heritage Area; the approved management plan. fective implementation of the State and local (6) describe a program for implementation for (c) PROHIBITION ON ACQUISITION OF REAL elements of the management plan; and PROPERTY.—The local coordinating entity may the management plan, including— (G) the management plan demonstrates part- not use Federal funds authorized under this Act (A) performance goals; nerships among the local coordinating entity, to acquire any interest in real property. (B) plans for resource protection, enhance- Federal, State, and local governments, regional ment, interpretation, funding, management, and planning organizations, nonprofit organiza- SEC. 7. RELATIONSHIP TO OTHER FEDERAL development; and tions, or private sector parties for implementa- AGENCIES. (C) specific commitments for implementation tion of the management plan. (a) IN GENERAL.—Nothing in this Act affects that have been made by the local coordinating (4) DISAPPROVAL.— the authority of a Federal agency to provide entity or any government agency, organization, (A) IN GENERAL.—If the Secretary disapproves technical or financial assistance under any business, or individual; the management plan, the Secretary— other law. (7) include an analysis of, and recommenda- (i) shall advise the local coordinating entity in (b) CONSULTATION AND COORDINATION.—The tions for, means by which Federal, State, and writing of the reasons for the disapproval; and head of any Federal agency planning to con- local programs may best be coordinated (includ- (ii) may make recommendations to the local duct activities that may have an impact on a ing the role of the National Park Service and coordinating entity for revisions to the manage- National Heritage Area is encouraged to consult other Federal agencies associated with the Na- ment plan. and coordinate the activities with the Secretary tional Heritage Area) to further the purposes of (B) DEADLINE.—Not later than 180 days after and the local coordinating entity to the max- this Act; and receiving a revised management plan, the Sec- imum extent practicable.

VerDate Aug 04 2004 02:53 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.118 S15PT1 S9360 CONGRESSIONAL RECORD — SENATE September 15, 2004 (c) OTHER FEDERAL AGENCIES.—Nothing in (B) may be made in the form of in-kind conserve, Florida, was considered, ordered this Act— tributions of goods or services fairly valued. to a third reading, read the third time, (1) modifies, alters, or amends any law or reg- The committee amendment in the and passed. ulation authorizing a Federal agency to manage nature of a substitute was agreed to. The PRESIDING OFFICER. The Sen- Federal land under the jurisdiction of the Fed- The bill (S. 2543), as amended, was ator from Nevada. eral agency; (2) limits the discretion of a Federal land read the third time and passed. Mr. REID. Mr. President, the energy manager to implement an approved land use f committee, Senators DOMENICI and BINGAMAN, are to be congratulated. I plan within the boundaries of a National Herit- MOUNT RAINIER NATIONAL PARK age Area; or say that because usually the com- BOUNDARY ADJUSTMENT ACT (3) modifies, alters, or amends any authorized mittee waits until the very last OF 2004 use of Federal land under the jurisdiction of a minute, and then we have a load of Federal agency. The bill (H.R. 265) to provide for an bills that can’t be lifted. There are SEC. 8. PRIVATE PROPERTY AND REGULATORY adjustment of the boundaries of Mount scores of them. This was a large num- PROTECTIONS. Rainier National Park, and for other ber of bills, and they did them now. Nothing in this Act— purposes, was considered, ordered to a Being from a public lands State (1) abridges the rights of any property owner third reading, read the third time, and (whether public or private), including the right where 87 percent of the land is owned to refrain from participating in any plan, passed. by the Federal Government, the com- project, program, or activity conducted within f mittee did the right thing. When we the National Heritage Area; AMENDMENTS TO THE RECLAMA- get ready to recess, there will be an- (2) requires any property owner to permit pub- other big batch we will have to take a lic access (including access by Federal, State, or TION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992 look at. But it will lessen the burden local agencies) to the property of the property that we have in the waning hours of owner, or to modify public access or use of prop- The Senate proceeded to consider the getting out of here trying to work erty of the property owner under any other Fed- bill (H.R. 1284) to amend the Reclama- eral, State, or local law; through all of these bills. I didn’t add tion Projects Authorization and Ad- them up, but there are probably over 40 (3) alters any duly adopted land use regula- justment Act of 1992 to increase the tion, approved land use plan, or other regu- bills we needed to dispose of to send latory authority of any Federal, State or local Federal share of the costs of the San them to the House tonight. The num- agency, or conveys any land use or other regu- Gabriel Basin demonstration project, ber is 44, I am told. latory authority to any local coordinating enti- which had been reported from the Com- This is good work. The committee ty; mittee on Energy and Natural Re- should be congratulated, and that is (4) authorizes or implies the reservation or ap- sources, with an amendment, as fol- what I am doing now. propriation of water or water rights; lows: Mr. FRIST. Mr. President, I hold my (5) diminishes the authority of the State to (Strike the part shown in black breath right before all these are going manage fish and wildlife, including the regula- brackets and insert the part shown in tion of fishing and hunting within the National through. But it is 43, 44 bills just done. Heritage Area; or italic.) These bills reflect a huge amount of (6) creates any liability, or affects any liabil- H.R. 1284 work. To see it come together is sort of ity under any other law, of any private property Be it enacted by the Senate and House of Rep- the privilege that the Democratic lead- owner with respect to any person injured on the resentatives of the United States of America in ership and the Republican leadership private property. Congress assembled, have, to see it come together at a late SEC. 9. AUTHORIZATION OF APPROPRIATIONS. SECTION 1. INCREASE IN FEDERAL SHARE OF SAN GABRIEL BASIN DEMONSTRA- hour like this afternoon. It is grati- (a) STUDIES.—There is authorized to be appro- TION PROJECT. fying. As I say, I hold my breath to priated to conduct and review studies under sec- Section 1631(d)(2) of the Reclamation make sure it finally gets done each tion 4 $750,000 for each fiscal year, of which not Projects Authorization and Adjustment Act more than $250,000 for any fiscal year may be time. of 1992 (43 U.S.C. 390h–13) is amended— used for any individual study for a proposed f (1) by striking ‘‘In the case’’ and inserting National Heritage Area. ‘‘(A) Subject to subparagraph (B), in the CALIFORNIA WATER SECURITY (b) LOCAL COORDINATING ENTITIES.— case’’; and (1) IN GENERAL.—There is authorized to be ap- AND ENVIRONMENTAL ENHANCE- (2) by adding at the end the following: MENT ACT propriated to carry out section 6 $15,000,000 for ‘‘(B) In the case of the San Gabriel Basin each fiscal year, of which not more than— demonstration project authorized by section Mr. FRIST. Mr. President, I ask (A) $1,000,000 may be made available for any 1614, the Federal share of the cost of such unanimous consent that the Senate fiscal year for any individual National Heritage project may not exceed the sum determined now proceed to consideration of Cal- Area, to remain available until expended; and by adding— endar No. 640, H.R. 2828. (B) a total of $10,000,000 may be made avail- ‘‘(i) the amount that applies to that able for all such fiscal years for any individual The PRESIDING OFFICER. The project under subparagraph (A); and clerk will report the bill by title. National Heritage Area. ‘‘(ii) ø$12,500,000¿ $6,500,000.’’. (2) TERMINATION DATE.— The assistant legislative clerk read (A) IN GENERAL.—The authority of the Sec- The committee amendment was as follows: retary to provide financial assistance to an indi- agreed to. A bill (H.R. 2828) to authorize the Sec- vidual local coordinating entity under this Act The bill (H.R. 1284), as amended, was retary of the Interior to implement water (excluding technical assistance and administra- read the third time and passed. supply technology and infrastructure pro- tive oversight) shall terminate on the date that f grams aimed at increasing and diversifying is 15 years after the date of the initial receipt of domestic water resources. the assistance by the local coordinating com- MARTIN LUTHER KING, JR., NA- There being no objection, the Senate mittee. TIONAL HISTORIC SITE LAND proceeded to consider the bill. (B) DESIGNATION.—A National Heritage Area EXCHANGE ACT Mr. FRIST. Mr. President, I ask shall retain the designation as a National Herit- The bill (H.R. 1616) to authorize the age Area after the termination date prescribed unanimous consent that the amend- in subparagraph (A). exchange of certain lands within the ment at the desk be agreed to; the bill, (3) ADMINISTRATION.—Not more than 5 percent Martin Luther King, Jr., National His- as amended, be read the third time and of the amount of funds made available under toric Site for lands owned by the City passed, the motion to reconsider be paragraph (1) for a fiscal year may be used by of Atlanta, Georgia, and for other pur- laid upon the table, and any state- the Secretary for technical assistance, oversight, poses, was considered, ordered to a ments related to the bill be printed in and administrative purposes. third reading, read the third time, and the RECORD. (c) MATCHING FUNDS.— passed. The PRESIDING OFFICER. Without (1) IN GENERAL.—As a condition of receiving a objection, it is so ordered. grant under this Act, the recipient of the grant f The amendment (No. 3663) was agreed shall provide matching funds in an amount that TIMUCUAN ECOLOGICAL AND HIS- is equal to the amount of the grant. to. TORIC PRESERVE BOUNDARY RE- (The amendment is printed in today’s (2) ADMINISTRATION.—The recipient matching VISION ACT OF 2004 funds— RECORD under ‘‘Text of Amendments.’’) (A) shall be derived from non-Federal sources; The bill (H.R. 3768) to expand the The bill (H.R. 2828), as amended, was and Timucuan Ecological and Historic Pre- read the third time and passed.

VerDate Aug 04 2004 04:52 Sep 16, 2004 Jkt 029060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.118 S15PT1 September 15, 2004 CONGRESSIONAL RECORD — SENATE S9361 ORDERS FOR THURSDAY, SEP- priations bill with the vote on final hours were involved in getting that TEMBER 16, 2004, AND MONDAY, passage which will occur, as just men- legislation available and ready for con- SEPTEMBER 20, 2004 tioned, at 5:30 on Monday. For the in- sideration. Mr. FRIST. Mr. President, I ask formation of my colleagues, that will I only mention that as another exam- unanimous consent that when the Sen- be the next rollcall vote. Today we also ple of what is going on and what the ate completes its business today, it ad- reached agreement on the Legislative challenge is and the huge demands on journ until 10 a.m., Thursday, Sep- Branch appropriations bill, and that all of us to accomplish what we must tember 16, for a pro forma session only. will be scheduled for consideration before October 8. I further ask that immediately after early next week with the vote likely to I opened this morning by thanking convening, the Senate then adjourn be Tuesday morning. Senator THAD COCHRAN for his tremen- Next week we may be able to reach over until 2 p.m. on Monday, Sep- dous leadership over the course of the additional agreements on appropria- tember 20; provided further that on week on Homeland Security appropriations bills, and we will continue to pur- Monday, following the prayer and tions. We were here very late last night sue those in the same spirit that the pledge, the morning hour be deemed and we were able to complete that bill. assistant Democratic leader just men- Members showed a lot of patience dur- expired, the Journal of proceedings be tioned. approved to date, the time for the two ing the day and into the evening as we In addition, we have the Goss nomi- pushed through to final passage. I leaders be reserved, and there then be a nation that, in all likelihood, will be- period of morning business for debate thank everybody for their tremendous come available for full Senate consid- efforts. only with Senators to speak for up to eration. We will certainly schedule 10 minutes each; I further ask consent that nomination to come to the floor f that the vote on passage of the Mili- just as soon as we possibly can, as soon tary Construction appropriations bill ADJOURNMENT UNTIL 10 A.M. as it is ready. I expect that to be in the TOMORROW occur at 5:30 p.m. on Monday, with the early to mid part of next week. 10 minutes prior to the vote equally di- We also have discussions continuing Mr. FRIST. Mr. President, if there is vided for closing remarks. on the expiring family tax provisions. no further business to come before the The PRESIDING OFFICER. Without If possible, we would like to be able to Senate, I ask unanimous consent that objection, it is so ordered. pull that package together and bring it the Senate stand in adjournment under Mr. REID. Mr. President, I personally to the floor just as soon as it is ready the previous order. appreciate the distinguished Repub- as well. There being no objection, the Senate, lican leader having a pro forma session Next week, on Thursday, September at 4:29 p.m., adjourned until Thursday, tomorrow and our being out on Friday. 23, Prime Minister Allawi of Iraq, who September 16, at 10 a.m. We don’t recognize often enough pub- is also a physician and doctor, will be f licly the great work that the staff does. addressing a joint meeting of Congress. These people around here work so hard, That address will be on that Thursday NOMINATIONS work such long hours. After we go, at 10 a.m. in the Hall of the House of Executive nominations received by many of them are still around here Representatives. Members will gather the Senate September 15, 2004: making sure the journals are correct, in the Senate Chamber and will pro- DEPARTMENT OF AGRICULTURE and there are many other things they ceed as a body to the House at approxi- MICHAEL J. HARRISON, OF CONNECTICUT, TO BE AN AS- do. In addition, because of the ter- mately 9:30 that morning. SISTANT SECRETARY OF AGRICULTURE, VICE LOU rorism threat, we have all these secu- We will have a very full schedule GALLEGOS, RESIGNED. rity people here. I personally appre- next week. I know that quite often, as DEPARTMENT OF DEFENSE ciate the distinguished Republican the galleries watch what is occurring FRANCIS J. HARVEY, OF CALIFORNIA, TO BE SEC- RETARY OF THE ARMY, VICE THOMAS E. WHITE, RE- leader not having a full-blown session in the Senate Chamber or view on C– SIGNED. tomorrow. SPAN II what happens in the Senate, DEPARTMENT OF HOUSING AND URBAN f when we have days like tomorrow or DEVELOPMENT the rest of this afternoon, things seem PROGRAM PAMELA HUGHES PATENAUDE, OF NEW HAMPSHIRE, TO to be slow. In truth, there is all sorts of BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN Mr. FRIST. Mr. President, let me work going on, especially now as we DEVELOPMENT, VICE ROMOLO A. BERNARDI. take a minute to review the schedule are working toward that October 8 ad- NATIONAL SCIENCE FOUNDATION for the next couple of days and next journment date. People are busy in ARDEN BEMENT, JR., OF INDIANA, TO BE DIRECTOR OF THE NATIONAL week. In observance of the Rosh Hasha- committee hearings and working on SCIENCE FOUNDATION FOR A TERM OF SIX YEARS, nah holiday, we will not be voting to- various issues that we must address VICE RITA R. COLWELL, RESIGNED. morrow. In addition, we are in a pro and negotiate through this legislative THE JUDICIARY forma session which will allow people process. J. MICHAEL SEABRIGHT, OF HAWAII, TO BE UNITED to appropriately use that time for A perfect example is with the bills STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII, themselves to work, to catch up with that the assistant Democratic leader VICE ALAN C. KAY, RETIRED. families, to see constituents, to get just referred to—the 44 bills that he f back to their States. held up and that we were able to pass WITHDRAWAL We were able to reach agreement to quickly. A huge amount of work goes complete two additional appropriations into bringing those to the floor and Executive message transmitted by bills with short time limits which al- having them prepared appropriately. the President to the Senate on Sep- lows us to be in a pro forma session to- These bills had to do with land, water tember 15, 2004, withdrawing from fur- morrow. We will not be conducting conservation, park measures, and a ther Senate consideration the fol- business on the floor tomorrow. whole range of energy issues. It took lowing nomination: Earlier today, we completed debate about a minute on the Senate floor to FRANCIS J. HARVEY, OF CALIFORNIA, TO BE AN AS- SISTANT SECRETARY OF DEFENSE, WHICH WAS SENT TO on the Military Construction appro- pass them, but literally hundreds of THE SENATE ON NOVEMBER 6, 2003.

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