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

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

Vol. 149 WASHINGTON, THURSDAY, JANUARY 23, 2003 No. 12—Part II House of Representatives The House was not in session today. Its next meeting will be held on Monday, January 27, 2003, at 2 p.m. Senate THURSDAY, JANUARY 23, 2003

MAKING FURTHER CONTINUING ernment Performance and Results Act of 1993 terprise, but, rather, areas that are not APPROPRIATIONS FOR FISCAL or for the administration of any other provi- inherently governmental will be used. sion of law. YEAR 2003 I turn now to the Senator from (Continued) Mr. THOMAS. Mr. President, this is a Maine for her comments. second-degree amendment to the un- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 246 TO AMENDMENT NO. 61 derlying amendment. We discussed this ator from Maine. Mr. THOMAS. Mr. President, the amendment this morning and delayed a amendment is at the desk. vote in hopes of coming to a com- Ms. COLLINS. Mr. President, I think The PRESIDING OFFICER. The promise over some of the concerns that the Senator from Maryland has raised clerk will report the second-degree were raised. For nearly 2 hours the ad- a very legitimate point about the use amendment. ministration officials, my staff, Sen- of arbitrary quotas or numerical tar- The legislative clerk read as follows: ator COLLINS’ staff, Senator gets to guide the contracting-out ac- The Senator from Wyoming (Mr. THOMAS) BROWNBACK, and Senator MIKULSKI tivities of Federal agencies. It seems to proposes an amendment numbered No. 246 to worked to find a way to address these me that having one target for every amendment No. 61. concerns. Unfortunately, the Senator agency may well be counterproductive Mr. THOMAS. I ask unanimous con- from Maryland did not agree with that. and not result in the greatest effi- sent that the reading of the amend- So I am offering this amendment. ciencies. ment be dispensed with. The compromise was reached that the On the other hand, I am concerned The PRESIDING OFFICER. Without administration believes allows the that the amendment of the Senator objection, it is so ordered. Government, the President, to con- from Maryland may have some unin- The amendment is as follows: tinue setting important management tended consequences. It could be read Strike all after the first word and insert goals for the public-private competi- as rejecting the notion of ever having the following: tion. What this is, of course, is allow- competitive contracting, to see wheth- While nothing in this section shall prevent ing for the FAIR Act, which was passed er a specific function is best performed any agency of the executive branch from in 1998, to continue to be effective, in-house or contracted out to the pri- subjecting work performed by Federal Gov- vate sector. ernment employees or private contractors to where we can go through and list those public-private competition or conversions, items that are not inherently govern- I am also concerned that it could none of the funds made available in this Act mental and have some competition for have an impact on other laws, although may be used by an agency of the executive those items in the private sector so we I know that is not the intent of the branch to establish, apply, or enforce any can have certainly a more efficient Senator from Maryland. numerical goal, target, or quota for sub- Government. This is the way we think We have consulted with the General jecting the employees of the executive agen- we ought to do it. cy to public-private competitions or for con- Accounting Office and have come up verting such employees or the work per- This amendment would allow for the with some language to try to deal with formed by such employees to private con- restrictions on the quotas. But when this. I do want to assure the Senator tractor performance under the Office of Man- there has been study, when there has from Maryland, as the new chairman of agement and Budget Circular A–76 or any been a real approach to what can be the Governmental Affairs Committee, I other administrative regulation, directive, done and the kinds of activities that want to work with her to try to resolve or policy unless the goal, target, or quota is fit, then we can move forward. this issue because the issue she has based on considered research and sound analysis of past activities and is consistent with The complaint here on the amend- brought to our attention is a legiti- the stated mission of the executive agency. ment has simply been because of set- mate one. So I hope to continue, in my Nothing in this section shall limit the use of ting quotas. Quotas does not mean that new capacity, to work with her, to such funds for the administration of the Gov- people will be replaced by private en- work with the Senator from Wyoming,

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

S1421

VerDate Dec 13 2002 02:03 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.065 S23PT2 S1422 CONGRESSIONAL RECORD — SENATE January 23, 2003 to work with the Senators from Vir- cumvent the administration’s preroga- pose the amendment of the Senator ginia who have also expressed concerns tive in the executive branch by prohib- from Maryland. about this issue. iting the administration from man- The PRESIDING OFFICER. The Sen- Mr. THOMAS. Mr. President, I yield aging the Federal Government’s com- ator’s time has expired. now to the Senator from Ohio. petitive sourcing process. It would re- The Senator from Maryland is recog- The PRESIDING OFFICER. The Sen- peal initiatives passed on a bipartisan nized for 71⁄2 minutes. ator from Ohio. basis over the past 10 years, including Ms. MIKULSKI. Mr. President, I rise Mr. VOINOVICH. Mr. President, I—— the Government Performance Act. with vigor to unabashedly oppose the Ms. MIKULSKI. Parliamentary in- The amendment would prohibit agen- amendment of the Senator from Wyo- quiry. cies from developing and implementing ming. The reason I do is that he re- The PRESIDING OFFICER. The Sen- strategic plans allowing Federal em- introduces the words ‘‘quota’’ and ‘‘tar- ator from Maryland. ployees to focus on high-priority ac- get.’’ Ms. MIKULSKI. Mr. President, par- tivities, and it would prevent agencies The amendment of the Senator from liamentary inquiry: First, I recognize from increasing efficiencies, lowering Wyoming essentially says that a ‘‘tar- that the Senator has time. But I didn’t costs, implementing innovation and get’’ or a ‘‘goal’’ is to be considered— know if we were going to alternate technology, and it would prevent agen- ‘‘target, target, quota, quota.’’ I speakers. Does the Senator from Wyo- cies to meet their agency missions. thought we didn’t like targets and ming intend to use all of his 15 minutes Additionally, the President has said quotas. I am surprised that the Senator and then turn it over to me? that if this provision were in the Treas- from Wyoming is so enthusiastic about I am sorry. I don’t want to in any ury-Postal appropriations, he would them. way deny the Senator from Ohio his veto the bill. Under the Thomas amendment, Fed- right to speak. Usually one side makes We tried to work out a compromise eral managers will still be forced to an argument, and then the other re- based on some of these concerns that meet arbitrary quotas for privatization plies, and then go back. Are we not he had. We thought that it met the without real criteria, rationales, or doing that? concerns of the Senator from Mary- consideration. Under the Thomas Mr. THOMAS. I understood we had 15 land. Unfortunately, it did not. amendment, the goal is to get a quota minutes to present our point of view I urge that we vote no on her amend- or a target—not better government. and that the others would present their ment and yes on the amendment we are Let us be very clear. My original point of view. proposing today—understanding this amendment never did seek the end to Ms. MIKULSKI. This discussion will will not solve the problem and that we privatization. Privatization must be be on my time. But usually when we will need to deal with it throughout based on thoughtful criteria as estab- have a time allocation we go back and the remainder of the year. lished by the Congress in the FAIR forth. Is the Senator from Wyoming Mr. THOMAS. Mr. President, do I Act. going to take all of his 15 minutes and have time remaining? Let us privatize Federal jobs where then give me all of mine? Is that the The PRESIDING OFFICER. The Sen- appropriate, but let us keep a strong, way we are going to do it? ator from Wyoming has 11⁄2 minutes. independent Federal workforce. Mr. THOMAS. That was my under- Mr. THOMAS. I would like to turn to I want to deal with the very valid standing. the Senator from Virginia. issues raised by the Senator from The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Maine. I agree. I wanted to modify my Chair will say that there is no agree- ator from Virginia. amendment. I wanted to modify my ment to go back and forth. The Sen- Mr. ALLEN. Mr. President, I thank amendment by adding what is now in ator from Ohio has the floor at the mo- the Senator from Wyoming for his the first paragraph in the Thomas ment. leadership. I rise in support of his amendment, which I agree to—that Ms. MIKULSKI. Mr. President, the amendment, and, as the Senator from nothing in this section would prevent Senator from Ohio has the right to Ohio said, in opposition to the amend- any agency of the executive branch speak, but it was not part of the agreement of the Senator from Maryland. from subjecting work performed by the ment. I was just referring to the usual My friends and colleagues, we need to Federal Government employees to be and customary behavior in the Senate. always, as a government, be looking at contracted out to public or private Mr. REID. Mr. President, parliamen- new ways of adopting innovation and competition. tary inquiry. have improvements—whether it is our I wanted to do that this morning. The PRESIDING OFFICER. The national security or homeland defense. The Senator from Wyoming would not Chair would also announce that the 15 There are many ideas, many systems, agree to that modification. We went minutes was to be evenly divided—— and many programs in the private sec- into a dialog. In the dialog, the Sen- Ms. MIKULSKI. No. We didn’t. tor that can perform more efficiently ator from Maine, again, offered a very The PRESIDING OFFICER. On each and better for the American people. We constructive recommendation—that amendment. need to examine those. nothing in this section would limit the Ms. MIKULSKI. When do I get my I think the Bush administration’s use of such funds under the Govern- time? There are 15 minutes on each proposal is very modest and reason- ment Performance Act. amendment? able, and it is supported by a variety of I was willing to go with that. If we The PRESIDING OFFICER. That is private sector groups. The Mikulski had agreed to that, we could have correct—evenly divided on each amend- amendment is opposed by a broad agreed to that modification this morn- ment by 71⁄2 minutes. range of organizations, such as the ing and Senators could be heading The Senator from Ohio. Northern Virginia Technology Council, home tonight. But, no, OMB had to get Mr. VOINOVICH. Mr. President, how the U.S. Chamber of Commerce, the into the act. They insisted that this much time do we have on this side? Professional Services Council, the Con- paragraph say, unless there has to be a The PRESIDING OFFICER. Three tract Services Association, and many target or quota. Sure. They say based minutes twenty seconds remain. others. on research and sound analysis. Mr. VOINOVICH. I thank the Chair. For small businesses, large busi- Let me tell you. When the fox is First, I share the concerns of the nesses, disadvantaged businesses, mi- guarding the hen house, I don’t care Senator from Maryland about this nority-owned businesses, let us care what accounting system they have. problem, and I want to do everything about the jobs in the private sector. They are still going after targets and in my power as chairman of the sub- Let us also care about those govern- they are still going after quotas. That committee on Government oversight mental services that are essential for is why I object to the amendment of and work toward dealing with the solu- our security, but let us make what we the Senator from Wyoming. tion to the problem that is being pre- are procuring the best for all Ameri- I would love to have agreed to the sented. cans. original two paragraphs that I think According to the best information I I ask my colleagues to support the would have met the very valid concern have, this amendment would cir- amendment of Senator THOMAS and op- of the other side.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.099 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1423 I salute those on the other side who Guess who else is opposed to this The PRESIDING OFFICER. Under are reformers. But, no, we didn’t go amendment. Federal managers, be- the previous order, the Senator from that route. cause they say all they are going to be Maryland is recognized. I am still opposing it. Anything with doing is paperwork to be able to justify AMENDMENT NO. 247 the word ‘‘target’’ in it and anything this. Ms. MIKULSKI. Mr. President, I send with the word ‘‘quota’’ in it. I am fight- I could elaborate. Everybody knows I an amendment to the desk, which is ing today. I am fighting all night, if I am opposed to the Thomas amendment provided for under the unanimous con- have to. I will fight tomorrow, and I because it is just a dressed-up version sent agreement. will fight on until the end of the 108th of going after quotas, which I tried to The PRESIDING OFFICER. The Congress. stop in the first place. clerk will report. I am not going to destroy the integ- Mr. President, I know that it is get- The legislative clerk read as follows: rity of the civil service system with ar- ting late. I think we ought to have a The Senator from Maryland (Ms. MIKUL- bitrary quotas and with arbitrary and vote on this. If I prevail, by defeating SKI) proposes an amendment numbered 247. capricious targets. We are going to do the Thomas amendment, we are done. Ms. MIKULSKI. Mr. President, I ask this right. We are going to do it under If not, I am going to come back and unanimous consent that further read- the law. We are not going to turn Fed- have another say. ing of the amendment be dispensed eral managers into bounty hunters. Mr. President, I yield all of my time with. How much time do I have? back. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The objection, it is so ordered. ator from Maryland has 31⁄2 minutes. question is on agreeing to the amend- The amendment is as follows: Mr. SPECTER. Mr. President, I am ment. (Purpose: To prohibit funds to be used to es- voting in favor of Senator MIKULSKI’s Mr. THOMAS. Mr. President, I ask tablish, apply, or enforce certain goals relating to Federal employees and public-pri- amendment and against Senator THOM- for the yeas and nays. vate competitions or work force conver- AS’ amendment because the Thomas The PRESIDING OFFICER. Is there a sions, and for other purposes) amendment provides for quotas. I favor sufficient second? There is a sufficient second. In lieu of the language proposed to be in- contracting out where there is an indi- serted insert the following: vidual analysis that saves the Federal The clerk will call the roll. SEC. . None of the funds made available in Government money and maintains ap- The assistant legislative clerk called this Act may be used by an Executive agency propriate quality. I have consistently the roll. to establish, apply, or enforce any numerical opposed quotas in school admissions Mr. REID. I announce that the Sen- goal, target, or quota for subjecting the em- and employment and I similarly oppose ator from Iowa (Mr. HARKIN) and the ployees of the agency to public-private com- Senator from Hawaii (Mr. INOUYE) are petitions or converting such employees or quotas in this situation. the work performed by such employees to Ms. MIKULSKI. Mr. President, I hope necessarily absent. The PRESIDING OFFICER. Are there private contractor performance under the Of- when we do another process such as fice of Management and Budget Circular A– this and enter into negotiations and any other Senators in the Chamber de- 76 or any other Administrative regulation, when the negotiation is over we don’t siring to vote? directive, or policy. This section shall take come back and offer something that The result was announced—yeas 50, effect one day after the date of this bill’s en- had been rejected as an amendment. nays 48, as follows: actment. I am disappointed that this amend- [Rollcall Vote No. 25 Leg.] Ms. MIKULSKI. Mr. President, I be- ment is being offered. That is politics. YEAS—50 lieve we can move expeditiously along Everyone has a right to offer their Alexander DeWine McCain on this debate. Might I inquire from amendments. I accept the offer of the Allard Dole McConnell the Presiding Officer the amount of Allen Domenici Senator from Maine and the Senator Miller time we have to debate this amend- Bennett Ensign Murkowski ment? from Ohio for the long haul and for dis- Bond Enzi Nickles Brownback Fitzgerald The PRESIDING OFFICER. The Sen- cussion. Roberts 1 Bunning Frist Santorum ator from Maryland has 7 ⁄2 minutes, This is very serious. We do know we 1 Burns Graham (SC) Sessions and the Senator from Wyoming has 7 ⁄2 need a modernized civil service. We do Campbell Grassley Shelby minutes. Chafee Gregg know we need to reform. But we do not Smith Chambliss Hagel Ms. MIKULSKI. I thank the Chair. need targets and quotas where OMB Stevens Cochran Hatch Mr. President, my amendment is the has said itself, get rid of 127,000, 500,000 Coleman Hutchison Sununu original amendment that I had pending Talent jobs this year. So 127,000 people? Who Collins Inhofe this morning. It seeks to maintain the are we going to get rid of? Let’s start Cornyn Kyl Thomas Craig Lott Voinovich integrity of the civil service system by with the Nobel prize winners at NIH. Crapo Lugar Warner making sure that civil service is never Who needs them? They can go off to NAYS—48 subjected to bounty hunters looking to the private sector. Good-bye. Who get rid of their jobs through arbitrary needs a Nobel prize winner for finding Akaka Dorgan Lieberman Baucus Durbin Lincoln and capricious targets and quotas. It the cure for Alzheimer’s? Maybe we Bayh Edwards Mikulski makes sure that the civil service never could contract out Customs officers. Biden Feingold Murray lapses into cronyism or political pa- Maybe we could go to rent-a-cop agen- Bingaman Feinstein Nelson (FL) tronage. cies. Boxer Graham (FL) Nelson (NE) Breaux Hollings Pryor My amendment prevents Federal Or what about those secretaries who Byrd Jeffords Reed agencies from establishing or applying keep the agencies going—like the one Cantwell Johnson Reid arbitrary targets or quotas for the con- who went to my high school who has Carper Kennedy Rockefeller tracting out of Federal jobs. Clinton Kerry Sarbanes worked for the FBI for nearly 50 years Conrad Kohl Schumer I want to be clear that my amend- in Baltimore, who has helped keep the Corzine Landrieu Snowe ment does not prohibit privatization. FBI going, such as when the FBI was Daschle Lautenberg Specter Privatization can continue to go forth out trying to find the sniper who killed Dayton Leahy Stabenow as established by Congress in the FAIR Dodd Levin Wyden several Marylanders and people from Act of 1998. It allows contracting out. I Northern Virginia. NOT VOTING—2 don’t object to that. What I object to is I don’t know what is so hostile about Harkin Inouye targets, quotas, and bounty hunters. Federal employees. If we want to save The amendment (No. 246) was agreed Firstly, this is the smallest Federal money in pensions, and if we want to to. workforce since the 1960s. Next, we are save money in health care, that is an- Mr. ALLEN. Mr. President, I move to at war. We are fighting a war against other issue. But bounty hunters? No. reconsider the vote. terrorism. We also created a new agen- Maybe bounty hunters are OK when Mr. STEVENS. I move to lay that cy called Homeland Security. Lastly, you go after predators, but I don’t motion on the table. we are facing the largest number of po- think the Federal employees should be The motion to lay on the table was tential retirees from civil service in subjected to bounty hunters. agreed to. over 30 years.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.130 S23PT2 S1424 CONGRESSIONAL RECORD — SENATE January 23, 2003 Don’t we want a civil service? I am Mr. THOMAS. Mr. President I remind tinue to move ahead with the oppor- proud of the civil service. Members of my colleagues that the amendment tunity for the Federal Government to my family have been part of the Fed- this body just agreed to contains word carry out a plan of more efficiency and eral civil service. My brother-in-law for word the amendment of the Senator a plan that passed in the Congress to was a librarian, I have a sister who was from Maryland. However, it goes on to do that. a secretary, and I am a Senator. I be- explain that as we go through the 76 I yield back my time. lieve if we are going to recruit and reprocess; it is not the quotas that mat- The PRESIDING OFFICER. Who tain the people we need, we need to ter. That is what gives some guidance yields time? make sure we do not embark upon this to management. What you have to do Ms. MIKULSKI. Is the Senator yield- arbitrary, capricious, hostile, and pred- is study the issue and make sure that ing back all his time? Mr. THOMAS. I am yielding back. atory behavior. That is not the way to is the appropriate place. govern. That is not the way to inspire. Ms. MIKULSKI. Excuse me? It seems to me we ought to be look- Mr. THOMAS. I yield back my time. That is not the way to recruit, and it is ing a little bit ahead instead of being certainly not the way to retain. I am sorry. defensive about big Government and The PRESIDING OFFICER. Does the It is not that BARBARA MIKULSKI is everyone working in the big Govern- opposed to this; Federal managers are Senator wish to be recognized? ment. We all like Government. We like Mr. ALLEN. Mr. President, how opposed to this amendment. They are the employees. They do a good job. The much time is remaining? concerned that they are going to be point is, do you want an efficient Gov- The PRESIDING OFFICER. The Sen- writing lots of justifications on how to ernment or one that continues to grow ator from Maryland has 2 minutes 28 retain jobs. They want to fight for and pays no attention to efficiency and seconds. The Senator from Wyoming America. They want to fight for or per- has no competition? What we are talk- has 4 minutes 44 seconds. form the missions of their agencies. We ing about is a bill that was passed in The Senator from Virginia. went from an era of patronage politics. 1998 which said we are going to list Mr. ALLEN. Mr. President, I rise in Now we are embroiled in an atmos- those functions within the Federal opposition to the Mikulski amend- phere of partisan politics. I wish we ment. As we focus on this after having could get back to performance-based Government that are not specifically governmental, that could be done out- previously accepted the amendment of politics, sound civil service, good re- the Senator from Wyoming, let me form, some of the ideas being proposed side the Government, and compete. I cannot imagine what is wrong with share with my colleagues the views of by the other side of the aisle, looking people who would be affected by this in at what should be contracted out, the idea of having competition, what is wrong with the idea of being more effi- the private sector. which would maintain the mission of The Information Technology Associa- the agency, give value to the taxpayer cient. They are still jobs. We are not taking away jobs. They may be moving tion of America recognizes that as a re- but dignity to the Federal employee. sult of this amendment, rather than So what is wrong with that? I will to the private sector where they can compete and do that particular func- promote competition and better man- tell you why the amendment is being agement of the Federal Government, opposed. What we want to be able to do tion of Government more efficiently. The idea that we just sit here and de- the Bush administration would face re- is allow the privatization to occur strictions. There are many companies fend civil service because they are under the laws that now exist. in the ITAA. There are large compa- working—it disturbs me when we talk The FAIR Act of 1998 and the 76–OMB nies, some small startups, as well as in- about secretaries. This does not have circular that was established in the dustry leaders in software and the anything to do with secretaries. This 1960s in the Kennedy-Johnson era is Internet. All of these companies would has to do with those functions in Gov- what I want. be denied opportunities or hampered by My amendment simply prohibits the ernment that can be done by con- this amendment and therefore urge us arbitrary and capricious contracting tracting with the private sector. There to vote no. out by saying: are a lot of those functions, and there Other associations, such as the None of the funds made available in this are a lot of those functions that are al- Northern Virginia Technology Council, act may be used by an executive agency to ready in place. establish, apply, or enforce numerical tar- which consists of 1,600 members and We need to go ahead with what we 180,000 employees, urge us to vote no as gets or quotas. have done. I suppose it is somewhat That is all it says. well. Bobbie Kilberg, the president, philosophical: If you do not like the says this amendment would signifi- If you are for quotas, vote for this. If private sector, if you do not like com- you are for targets, vote for this. If you cantly limit private sector involve- petition or like to create opportunities ment and discourage competition vital are for arbitrary and capricious deci- for people to compete, then I suppose sionmaking, go ahead and do it. Who is to the technology community. that is the way you feel. The Contract Services Association of going to hire these people? Are we There are a number of reasons to op- going to create new corporations? America, an industry representative pose the amendment. for private sector companies that pro- What about all those guys who The administration worked at this worked for Enron? Maybe they could vide services to the Federal, State, and compromise. The administration and get into ‘‘let’s hire a public employee local governments—they include small OMB said they are going to suggest to and privatize.’’ And all the guys from disadvantaged businesses, Native the President that if this provision WorldCom, maybe when they get out American-owned businesses, section passes, that the bill be vetoed. Senior on parole they could start a new agen- 8(a)-certified companies—wants to cy to pick up these Federal employees. advisers are recommending the Presi- have those folks working for the public I do not know for the life of me why dent veto any legislation that chal- good. we are so hostile to Federal employees. lenges a management agenda to be The Professional Services Council We have less of a workforce now, and more efficient. recognizes that we want to hold the ex- we are asking them to fight for Amer- By the way, before this appropria- ecutive branch responsible for efficient ica; we are asking them to work for tions bill was passed, this amendment management of services and looks at missions, the agencies. We took away was taken out. It was in there, and it this amendment as one that would their privileges in homeland security, was defeated last year. This is not the harm the ability of the administration and now we are going to take away first time we have dealt with this to do so. their jobs. issue, and each time it has been de- The Chamber of Commerce of the Mr. REID. I ask to be made a cospon- feated because most of us think com- United States looks at this issue in a sor. petition is a good idea. Most of us way with which I agree, and that is, Ms. MIKULSKI. I thank the Senator think efficiency is a good idea. Most of that this is the time to create more ef- from Nevada for asking to be a cospon- us think we ought to keep Government ficient and effective partnerships be- sor. I reserve such time as I may have. as small as we can and get the job done tween the public and private sectors, The PRESIDING OFFICER. Who that way. not to restrict policies that limit fund- yields time? The Senator from Wyo- Therefore, I urge we defeat this ing or flexibility in sourcing and deci- ming. amendment that is before us and con- sionmaking processes.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.134 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1425 We talk about homeland security. It Government is overcharged for less ef- effectively and with accountability. is very important. Many wonderful ficient work by private companies, Under the administration’s quota sys- public servants will be involved in work that could be done more effi- tem, a broad range of sensitive and homeland security, but what is really ciently and more effectively by Federal critical activities could be privatized going to help homeland security is the employees. Too often, jobs are simply without accountability, including some adaptation, the utilization of tech- contracted out without a proper public- that could put our national security at nologies from enterprise services that private competition, and without con- risk. Those who safeguard our borders allow them to analyze the volumes of tinued monitoring of whether any cost and those who repair our planes, ships, information, share it within those savings actually results. Furthermore, and tanks should be held accountable agencies, also with other agencies in a by requiring that a set number of Fed- for their work. secure way, and with State and local eral jobs be contracted out each year, Despite the growing reliance on pri- governments. the jobs may be contracted out without vate contractors, Federal agencies It is important that in this time any regard to cost savings. today do not have a method in place to when we are worrying about the cost of In addition, national security is now hold contractors accountable. Many of Government and worrying about the of vital importance to our Nation. We us have deep concerns about taxpayers, we should not be limiting must take a close look at the implica- privatizing so much of the Federal the ability of our Government to re- tions of contracting out to ensure that workforce in the absence of reliable spond to changing economic and secu- our national interests are being pro- and comprehensive measures to deter- rity needs of the American people. tected. We need Federal employees to mine the quality of the tens of billions While I understand the heartfelt sin- do these jobs, jobs that are not suited of dollars of work performed by private cerity of the Senator from Maryland, I to the private sector. Indeed, Federal contractors. There are no mechanisms think there are a lot of people we need employees are now screening baggage to track the quality of service con- to be worried about, and let’s make at our Nation’s airports, one of the tracting. Some agencies served by con- sure we are providing the very best of most vital roles in this unprecedented tractors today do not even know which services to the people of this country. time. Requiring that a certain number services are being provided by contrac- Competition has always been good. It of Federal jobs be contracted out each tors. has made it better. Let’s adapt, let’s year could result in the contracting In addition, privatization under the innovate, and let’s move forward in a out of jobs vital to our national secu- administration’s current quota system principled way. I ask my colleagues to rity. can occur without competition. Many I firmly believe that the United defeat this amendment. I thank the Federal jobs will be lost, with no op- States Government should not con- Chair. portunity for the Federal employees to tract out jobs merely for the sake of Mr. President, I yield the floor. compete and demonstrate their effi- ‘‘reducing’’ the Federal workforce. Nor The PRESIDING OFFICER. Who ciency. Currently, when Federal jobs should we show a preference to con- yields time? The Senator from Wyo- are opened to competition, Federal tract employees over our dedicated ming. workers are hired more than half the public servants who have demonstrated Mr. THOMAS. I guess we are going to time. It makes no sense to privatize such determination and commitment use this time. I might as well join in. work that Federal workers can do more in this difficult time. I urge my col- I want to read a part of a commu- efficiently. The administration’s pro- leagues to support Senator MIKULSKI’s nication from OMB: posal gives an unacceptable preference amendment and oppose the use of Now is the wrong time to short-circuit im- for private contractors over public quotas in the contracting out of jobs plementation of the common sense principle workers. already ably performed by our Federal of competition—a proven prescription for The administration’s proposal will reaping significant cost savings and perform- employees. Mr. KENNEDY. Mr. President, I reduce the standard of living for large ance enhancements—especially since numer- numbers of Federal workers, since con- strongly support Senator MIKULSKI’s ous agencies are starting to make real tractors have incentives to reduce progress. The principle of competition was amendment to prohibit arbitrary, unanimously adopted by the recent congres- ‘‘one-size-fits-all’’ privatization quotas costs by offering inferior compensa- sionally-mandated Commercial Activities for Federal agencies. Under the amend- tion. According to the Economic Policy Panel. Prohibiting the funding for public-pri- ment, agencies would still be able to Institute, one in ten contractor em- vate competitions is akin to mandating a compete, convert, and contract out ployees earns less than a living wage. monopoly regardless of the impact on serv- When work is privatized, displaced ices to citizens and the added costs to tax- Federal activities, but on a case-by- case basis, with the goal of maximizing Federal workers are likely to lose their payers. If the final version of the bill would health benefits and their security for contain such a provision— quality and cost-efficiency. Under the OMB quotas, Federal de- the future. Talking about this amendment— partments and agencies are encouraged Several groups have voiced their op- the President’s senior advisers would rec- to privatize five percent of their jobs position to the administration’s plan. ommend that he veto the bill. now, and 50 percent by next year. The The Federal Managers Association, The PRESIDING OFFICER. The time administration’s current policy will which represents the executives, man- controlled by the Senator from Wyo- lead to the privatization of 850,000 jobs, agers, and supervisors in the Federal ming has expired. nearly half the Federal workforce. government, has stated its support for Mr. SARBANES. Mr. President, I rise Fair competition and contracting out the Mikulski amendment. As the asso- today in support of an amendment of- can be effective when used in the right ciation states, the amendment will fered by Senator MIKULSKI regarding way. But, this quota system imposes a ‘‘provide Federal agencies and depart- the use of quotas in contracting out blanket mandate on all Federal agen- ments with the ability to use competi- Government jobs. The administration cies, without taking into account indi- tion to truly benefit the American peo- has put forth proposals requiring that a vidual agency needs. Agencies are not ple and not require competition for the specified number of jobs usually per- all alike. It may be appropriate to con- sake of fulfilling quotas.’’ Even the formed by Federal employees be contract out the construction of military Commercial Activities Panel, com- tracted out to private companies each equipment or the mowing the lawn. prised largely of contractors, opposes year. Senator MIKULSKI’s amendment But, many Americans will have serious the privatization plan because it be- would prevent any of the funding in the concerns about contracting out the lieves that such decisions require in- omnibus appropriations bill to be used food inspections conducted by the De- formed judgements and analyses that in the enforcement of these quotas. partment of Agriculture, or the tax au- consider the specific needs of each The administration states that this dits performed by the Internal Revenue agency. is an issue of efficiency. I disagree. Service. It makes no sense to impose The Mikulski amendment will pre- There is no evidence that contracting the same privatization policy on every serve the high standards which make out Federal Government jobs saves the agency. Government responsive to the needs of Government time or money. In fact, The Government has a responsibility our citizens, and I urge the Senate to the opposite is often true, the Federal to provide its services efficiently and support it.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.137 S23PT2 S1426 CONGRESSIONAL RECORD — SENATE January 23, 2003 Mr. KERRY. Mr. President, I strong- fected. It is not going to be that high- Stevens Talent Voinovich ly support the amendment offered by tech software engineer. Sununu Thomas Warner Senator MIKULSKI that would prevent I believe that just as the Northern NOT VOTING—3 Federal agencies from establishing, ap- Virginia High Tech Council has offered Harkin Inouye Kerry plying, or enforcing any numerical great ideas and ingenuity through The amendment (No. 247) was re- goal, target, or quota for the con- their members, so has Maryland. We jected. tracting out of Federal jobs. The Mi- understand that. Mr. STEVENS. Mr. President, I move kulski amendment is identical to lan- Let’s look at NIH. Let’s look at FDA. to reconsider the vote, and I move to guage that passed the House by a large, Who is going to be contracted out lay that motion on the table. bipartisan margin and was included in there? Is it really going to be the Nobel The motion to lay on the table was the House fiscal year 2003 Treasury ap- prize winner? No. It is going to be a lot agreed to. propriations. of folks who do the thankless day to The PRESIDING OFFICER. Without I was very troubled by the Office of day work who are going to be con- objection, the underlying amendment Management and Budget’s directive to tracted out. is agreed to. contract out 850,000 jobs over the next Now, my colleagues also need to Mr. STEVENS. Mr. President, I move 3 years. I was concerned because the know, I fear for national security. In to reconsider the vote. OMB privatization quotas encourage many of these agencies, it is going to Mr. REID. I move to lay that motion agencies to privatize Federal employee be the blue-collar jobs, such as the on the table. jobs without public-private competi- electricians, the people who are the fa- The motion to lay on the table was tion, which is unfair both to the af- cility managers, and others. agreed to. fected employees as well as the tax- The PRESIDING OFFICER. The time Mr. STEVENS. Mr. President, I wish payers. In fact the OMB quotas force of the Senator from Maryland has ex- to present to the Senate a series of agencies to privatize Federal employee pired. amendments that have been modified jobs that even Federal managers be- Ms. MIKULSKI. Vote yes on Mikul- since they have been introduced. After lieve should continue to be performed ski. that, the Senator from New Jersey has by reliable Federal employees. Mr. REID. Have the yeas and nays an amendment to offer on which there Senator MIKULSKI’s amendment is will be a 15-minute time limitation reasonable and fair. It allows for the been ordered? equally divided. I ask unanimous con- contracting out of Federal employee The PRESIDING OFFICER. They sent that there be 15 minutes equally jobs, but it prevents jobs from arbi- have not. divided on the amendment of the Sen- trarily being privatized. Instead it will Mr. REID. I ask for the yeas and ator from New Jersey with no other ensure that thoughtful criteria are es- nays. amendments in order. tablished before Federal employee jobs The PRESIDING OFFICER. Is there a are given away. This is an issue of fun- sufficient second? There appears to be The PRESIDING OFFICER. Is there damental fairness, and about estab- a sufficient second. objection? Without objection, it is so lishing a fair and reasonable process. The question is on agreeing to ordered. I strongly support Senator MIKUL- amendment No. 247. The clerk will call Mr. STEVENS. After the Senator’s SKI’s amendment and I urge my col- the roll. amendment is presented, we will have a leagues to vote for it. The legislative clerk called the roll. vote in relation to that. I will probably Ms. MIKULSKI. Mr. President, I Mr. REID. I announce that the Sen- move to table it. We, then, will have a series of amendments from the agri- want to make a few quick points. First, ator from Iowa (Mr. HARKIN), the Sen- culture subcommittee and from the in- my amendment, word for word, was ator from Hawaii, (Mr. INOUYE), and voted for in the House of Representa- the Senator from Massachusetts, (Mr. terior subcommittee that have been worked out. Following that, Senator tives. I say to my friends on the other KERRY) are necessarily absent. STABENOW wishes to offer a sense-of- side of the aisle and to my very good The PRESIDING OFFICER. Are there the-Senate resolution and speak brief- friend, the Senator from Virginia, that any other Senators in the Chamber de- ly. this amendment was offered by two siring to vote? We will then go to third reading. We Congressmen from Virginia, MORAN The result was announced—yeas 47, have, I believe, two Members who wish and WOLF. This amendment passed the nays 50, as follows: House 261 to 166. TOM DAVIS, JO ANN to speak briefly before third reading. If [Rollcall Vote No. 26 Leg.] DAVIS, and FRANK WOLF voted for this. Senators will stay with us, we will I might also note that the Presiding YEAS—47 probably have about 45 minutes to an Officer voted for it when he was in the Akaka Dorgan Lincoln hour of time ahead of us. House. So it had bipartisan support. Baucus Durbin Mikulski Does the Senator from Nevada have Bayh Edwards Murray any comment about that? I wish we had that bipartisan sup- Biden Feingold Nelson (FL) port. I wish the people who voted for it Bingaman Feinstein Nelson (NE) Mr. REID. No. On our side, prior to in the House would vote for it now that Boxer Graham (FL) Pryor third reading, we have Senator Breaux Hollings they are in the Senate. That is No. 1. Reed STABENOW who wants to make a brief Byrd Jeffords Reid No. 2, who would be contracted out? Cantwell Johnson statement on her sense-of-the-Senate Rockefeller Carper Kennedy amendment. And Senator DAYTON is OMB has told the agencies, 127,500 peo- Sarbanes Clinton Kohl ple by the end of 2003. They are going Schumer going to ask for up to 5 minutes before Conrad Landrieu to go for the largest numbers in the Corzine Lautenberg Snowe final passage. quickest way. It is going to be clerical. Daschle Leahy Specter Mr. STEVENS. I think I misspoke. I Dayton Levin Stabenow think Senator STABENOW wishes to It is going to be support. It is going to Wyden be the mail. It is going to have a tre- Dodd Lieberman have a sense-of-the-Senate regarding mendous impact on people of color who NAYS—50 conferees. Am I correct? have worked their way into Federal Alexander Craig Inhofe Ms. STABENOW. That is correct. civil service. Allard Crapo Kyl Mr. LAUTENBERG. Mr. President, if If one reads the Federal Managers Allen DeWine Lott the Senator from Alaska will yield, I Bennett Dole Lugar think there is an understanding that I Magazine, they have said the VA has Bond Domenici McCain said it is going to have a tremendous Brownback Ensign McConnell am going to modify the amendment I impact, they fear, on their diversity. Bunning Enzi Miller have at the desk. Burns Fitzgerald Murkowski The same has also been said by other Campbell Frist Mr. STEVENS. I have not said that. Nickles agencies. Chafee Graham (SC) The Senator has that right. But I am Roberts Chambliss Grassley Again, I am not looking for quotas in Santorum offering modified amendments before diversity anymore than I am looking Cochran Gregg we take up the Senator’s amendment. Coleman Hagel Sessions for quotas in contracting out, but I Collins Hatch Shelby Mr. LAUTENBERG. I thank the man- want us to know who is going to be af- Cornyn Hutchison Smith ager.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.141 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1427 AMENDMENTS NOS. 6, 83, 85, 131, 136, 144, 156, 172, The PRESIDING OFFICER. Is there (referred to in this title as the ‘supplemental 150, 199, 186, 142, 178, 57, 167, 166, AND 188, AS objection? legal assistance amount’) is to provide sup- MODIFIED Mr. REID. Mr. President, what is the plemental funding for basic field programs, Mr. STEVENS. Mr. President, I now consent request? and related administration, to ensure that offer a series of amendments, and after no service area (including a merged or recon- The PRESIDING OFFICER. There is figured service area) receives less funding I name them I will ask that they be a unanimous consent request that the considered en bloc: Amendment No. 112 under the Legal Services Corporation Act for amendments as presented at the desk fiscal year 2003 than the area received for fis- offered by Senator BUNNING and Sen- be agreed to. cal year 2002, due to use of data from the 2000 ator SANTORUM—these are modifica- Mr. STEVENS. Modified in accord- Census, and’’. tions at the desk that have been ance with the way we presented them On page 111, line 25, strike ‘‘$50,000,000,’’ cleared on both sides—amendment No. to the desk. I, first, want to modify and insert $31,000,000.’’ 6 by Senator COLEMAN; amendment No. them. AMENDMENT NO. 136 AS MODIFIED 83 by Senator REID; amendment No. 85 The PRESIDING OFFICER. Is there (Purpose: To increase funding for certain by Senator REID; amendment No. 131 objection? nursing programs as authorized under the by Senators HARKIN, DURBIN, and Mr. STEVENS. Mr. President, I ask Nurse Reinvestment Act, and increase LANDRIEU; amendment No. 136 by Sen- unanimous consent they be considered funding for International Mother and Child HIV Prevention) ator MIKULSKI and others; amendment en bloc. No. 144 by Senator SANTORUM; amend- The PRESIDING OFFICER. Is there At the appropriate place in title II of division G, insert the following: ment No. 156 by Senator DOMENICI; objection? SEC. . (a) IN GENERAL.—In addition to amendment No. 172 by Senators Without objection, it is so ordered. amounts otherwise appropriated under this LANDRIEU and SNOWE; amendment No. Mr. REID. Mr. President, before they Act to carry out programs and activities 150 by Senator MURKOWSKI and myself; are agreed to, I have to work out a sit- under title VIII of the Public Health Service amendment No. 199 by Senators DURBIN uation on amendment No. 112. Act, there are appropriated an additional and HUTCHISON; amendment No. 186, Mr. STEVENS. I ask, then, that No. $20,000,000, to remain available until ex- which is a sense-of-the-Senate resolu- 112 be taken out of this package. pended, to carry out programs and activities tion by Senator BOND; amendment No. The PRESIDING OFFICER. Is there authorized under sections 831, 846, 846A, 851, 852, and 855 of such Act (as amended by the 142 by Senator REID; amendment No. objection? Without objection, it is so Nurse Reinvestment Act (Public Law 107– 178 by Senator NELSON of Florida; ordered. 205)). amendment No. 57 by Senator Mr. STEVENS. It will be at the desk, On page 571, line 24, strike ‘‘$4,302,749,000’’ MCCAIN—that is the Korea sense-of- and we will consider it later. and insert ‘‘$4,317,749,000’’ in lieu thereof. the-Senate resolution—amendment No. I ask unanimous consent that these On page 572, line 1, strike ‘‘$168,763,000’’ and 167 by Senator BYRD; amendment No. amendments be considered en bloc and insert ‘‘$183,763,000’’ in lieu thereof. 166 by Senator BYRD—that is the China agreed to en bloc. On page 572, line 18 after the colon, insert commission—and amendment No. 188 The PRESIDING OFFICER. Without the following: ‘‘Provided further, That of the objection, it is so ordered. amounts provided herein for international by Senator DODD. HIV/AIDS, $40,000,000 shall be for the Inter- To my knowledge, we have no objec- The amendments were agreed to en national Mother and Child HIV Prevention tions to any of those. bloc, as follows: Initiative.’’. Mr. REID. Mr. President, 112 has not AMENDMENT NO. 6, AS MODIFIED On page 640, increase the amount on line 2 been cleared on this side. (Purpose: To increase funding for the Paul by $35,000,000. Mr. STEVENS. No. 112 was cleared. and Sheila Wellstone Center for Commu- AMENDMENT NO. 144 AS MODIFIED We showed that to you. It was the one nity Building) (Purpose: To make funds available for the modified by your subcommittee. On page 928, line 24, strike ‘‘$3,000,000’’ and treatment and prevention of HIV/AIDS in- Mr. KYL. Mr. President, I think the insert in lieu thereof ‘‘$5,000,000’’. clude family preservation efforts) Korea resolution sense of the Senate AMENDMENT NO. 83, AS MODIFIED On page 311, line 7, before the period at the was in that list that the chairman SEC. . Notwithstanding any other provi- end insert the following: ‘‘Provided further, read. sion of law, the National Nuclear Security That the funds under this heading that are Mr. STEVENS. It was. Administration is prohibited from taking available for the treatment and prevention Mr. KYL. I wanted to speak for 5 any actions adversely affecting employment of HIV/AIDS should also include programs minutes on that. at its Nevada Operations Office for a period and activities that are designed to maintain Mr. STEVENS. Will the Senator of not less than 365 days. and preserve the families of those persons af- flicted with HIV/AIDS and to reduce the make the statement after we adopt AMENDMENT NO. 85, AS MODIFIED numbers of orphans created by HIV/AIDS’’ this package? At the appropriate place, insert the fol- Mr. KYL. Sure. lowing: AMENDMENT NO. 156 AS MODIFIED The PRESIDING OFFICER. The Sen- SEC. . The Secretary of the Interior, and (Purpose: To clarify the use of funding under ator from New Mexico. the heads of the other participating Federal the National Fire Plan) Mr. BINGAMAN. Mr. President, agencies, may participate in the CALFED On page 489, line 8, after ‘‘Service;’’ add the could I just ask—— Bay-Delta Authority established by the Cali- following new proviso: Provided further, That Mr. STEVENS. I still have the floor, fornia Bay-Delta Act (2002 Cal. Stat. Chap. funds for hazardous fuel treatment under 812), to the extent not inconsistent with this heading may be used for the County Mr. President. other law. The Secretary of the Interior, in Partnership Restoration Program for forest The PRESIDING OFFICER. The Sen- carrying out CALFED activities, may under- restoration on the Apache-Sitgreaves Na- ator from Alaska has the floor. take feasibility studies for Sites Reservoir, tional Forest in Arizona, the Lincoln Na- Mr. BINGAMAN. Not wishing to ob- Los Vaqueros Enlargement, In-Delta Stor- tional Forest in New Mexico, and the Grand ject, I ask if any disposition has been age, and Upper San Joaquin Storage Mesa, Uncompahgre and Gunnison National made on amendment 126. projects. These storage studies should be Forest in Colorado;’’ Mr. STEVENS. We have not been pursued along with on-going environmental AMENDMENT NO. 172 AS MODIFIED and other projects in a balanced manner. able to clear that one yet. It is not in (Purpose: To provide for the protection of this package. We have another series in AMENDMENT NO. 131 AS MODIFIED the rights of women in Afghanistan, and to a package. There is another package (Purpose: To increase appropriations for the improve the conditions for women in Af- coming later. Legal Services Corporation by $19,000,000 to ghanistan) Mr. BINGAMAN. I will wait for the ensure that no service area (including a On page 397, line 12, delete all after remaining package. If not, I will ask merged or reconfigured service area) re- ‘‘fund’’,’’ through ‘‘opportunities’’ on line 17, for a vote on it. ceives less funding under the Legal Serv- and insert in lieu thereof: ices Corporation Act for fiscal year 2003 Mr. STEVENS. We will confer with , not less than $8,000,000 may be made than the area received for fiscal year 2002, available for programs to support women’s the Senator. due to use of data from the 2000 Census, I now ask unanimous consent that development in Afghanistan, including girl’s and to offset the increased appropriations and women’s education, health, legal and so- the series of amendments that I have by reducing funds for travel, supplies, and cial rights, economic opportunities, and po- referred to be modified in accordance printing expenses) litical participation: Provided further, That with the submissions that are at the On page 170, line 1, strike ‘‘$329,397,000,’’ of the funds provided in the previous proviso, desk. and insert ‘‘$348,397,000, of which $19,000,000 $5,000,000 may be made available to support

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.152 S23PT2 S1428 CONGRESSIONAL RECORD — SENATE January 23, 2003 activities directed by the Afghan Ministry of (2) use $1,000,000 for the creation of a fish and military readiness against the multiple Women’s Affairs including the establishment hatchery at Walker Lake to benefit the threats that North Korea poses; of women’s resource centers in Afghanistan, Walker River Paiute Tribe; and (9) since 1995, the United States has been and not less than $1,500,000 should be made (3) use $2,000,000 to provide grants, to be di- the single largest food donor to North Korea, available to support activities of the Na- vided equally, to the State of Nevada, the providing $620,000,000 in food aid assistance tional Human Rights Commission of Afghan- State of California, the Truckee Meadows over that time; istan: Provided further, That one year after Water Authority, and the Pyramid Lake Pai- (10) North Korea does not allow full the date of enactment of this Act, the Sec- ute Tribe, to implement the Truckee River verification of the use of food aid assistance, retary of State shall submit a report to the settlement Act, P.L. 101–618. as shown by the failure of North Korea to appropriate congressional committees that (c) ADMINISTRATION.—The Secretary of the permit the World Food Program to introduce details women’s development programs in Interior, acting through the Commissioner of a system of random access monitoring of Afghanistan supported by the United States Reclamation, may provide financial assist- such use in North Korea and the failure of Government, and barriers that impede wom- ance to State and local public agencies, In- North Korea to provide the World Food Pro- en’s development in Afghanistan. dian tribes, nonprofit organizations, and in- gram with a list of institutions through AMENDMENT NO. 199 AS MODIFIED dividuals to carry out this section and sec- which World Food Program food is provided On page 257, strike lines 9 through 15 and tion 2507 of Public Law 107–171. to beneficiaries; insert the following in lieu thereof: AMENDMENT NO. 178, AS MODIFIED (11) the failures described in paragraph (10) fall short of humanitarian practice in emer- ‘‘None of the funds contained in this Act (Purpose: To make additional appropriations gency operations in other parts of the world; may be made available to pay: for emergency relief activities) (a) the fees of an attorney who represents and At the appropriate place, insert the fol- a party in an action or an attorney who de- (12) North Korea should allow full lowing: fends any action, including an administra- verification of the use of food aid assistance SEC. . In addition to amounts appro- by— tive proceeding, brought against the District priated by this Act under the heading ‘‘Pub- of Columbia Public Schools under the Indi- (A) providing the World Food Program lic Law 480 Title II Grants’’, there is appro- with a list of institutions through which viduals with Disabilities Education Act (20 priated, out of funds in the Treasury not oth- U.S.C. 1400 et seq.) in excess of $4,000 for that World Food Program food is provided to erwise appropriated, $500,000,000 for assist- beneficiaries; action; or ance for emergency relief activities: Pro- (b) the fees of an attorney or firm whom (B) permitting the World Food Program to vided, That the amount appropriated under the Chief Financial Officer of the District of introduce a system of random access moni- this section shall remain available through Columbia determines to have a pecuniary in- toring in North Korea; and September 30, 2004. terest, either through an attorney, officer or (C) providing access for the World Food employee of the firm, in any special edu- AMENDMENT NO. 57 AS MODIFIED Program in all counties in North Korea. cation diagnostic services, schools, or other (Purpose: To express the sense of the Senate AMENDMENT NO. 167 AS MODIFIED special education service providers.’’ with respect to North Korea) (Purpose: To modify the requirements relat- AMENDMENT NO. 150 AS MODIFIED At the appropriate place, insert the fol- ing to the allocation of interest of the SEC. . The document entitled ‘‘Final En- lowing: Abandoned Mine Reclamation Fund) vironmental Impact Statement for the Re- SEC. ll. SENSE OF THE SENATE WITH RESPECT At the appropriate place insert the fol- newal of the Federal Grant for the Trans- TO NORTH KOREA. lowing: Alaska Pipeline System Right-of-Way It is the sense of the Senate that— SEC. . TREATMENT OF ABANDONED MINE REC- (FEIS)’’ dated November 2002, shall be (1) North Korea has violated the basic LAMATION FUND INTEREST. deemed sufficient to meet the requirements terms of the Agreed Framework Between the (a) IN GENERAL.—Notwithstanding any of section 102(2)(C) of the National environ- United States of America and the Demo- other provision of law, any interest credited mental Policy Act (42 U.S.C. 4332(2)(C)) with cratic People’s Republic of Korea, signed in to the fund established by section 401 of the respect to the determination contained in Geneva on October 21, 1994 (and the Confiden- Surface Mining Control and Reclamation the Record of Decision dated January 8, 2003 tial Minute to that agreement), and the Act of 1977 (30 U.S.C. 1231) shall be trans- relating to the renewal of the Federal right- North-South Joint Declaration on the ferred to the Combined Fund identified in of-way for the Trans-Alaska Pipeline and re- Denuclearization of the Korean Peninsula by section 402(h)(2) of such Act (30 U.S.C. lated facilities. pursuing the enrichment of uranium for the 1232(h)(2)), up to such amount as is estimated purpose of building a nuclear weapon and by AMENDMENT NO. 186, AS MODIFIED by the trustees of such Combined Fund to ‘‘nuclearizing’’ the Korean peninsula; offset the amount of any deficit in net assets (Purpose: To prohibit the use of funds by the (2) North Korea has announced its inten- in the Combined Fund. No transfers made United States Fish and Wildlife Service to tion to restart the 5-megawatt reactor and pursuant to this section shall exceed impose on the Corps of Engineers certain related reprocessing facility at Yongbyon, $24,000,000. requirements relating to the Missouri which were frozen under the Agreed Frame- (b) PROHIBITION ON OTHER TRANSFERS.—Ex- River) work, and has expelled the International cept as provided in subsection (a), no prin- On page 486, between lines 8 and 9, insert Atomic Energy Agency personnel monitoring cipal amounts in or credited to the fund es- the following: the freeze; tablished by section 401 of the Surface Min- SEC. 1——. MISSOURI RIVER. (3) North Korea has announced its inten- ing Control and Reclamation Act of 1977 (30 None of the funds made available by this tion to withdraw from the Treaty on the U.S.C. 1231) may be transferred to the Com- Act may be used by the United States Fish Non-Proliferation of Nuclear Weapons, done bine Fund identified in section 402(h)(2) of and Wildlife Service— at Washington, London, and Moscow on July such Act (30 U.S.C. 1232(h)(2)). (1) to require the Corps of Engineers to im- 1, 1968 (21 UST 483); (c) LIMITATION.—This section shall cease to plement a steady release flow schedule for (4) the Agreed Framework is, as a result of have any force and effect after September 30, the Missouri River; or North Korea’s own actions over several years 2004. It is the sense of the Congress that the and recent declaration, null and void; AMENDMENT NO. 166, AS MODIFIED member States and Tribes of the Missouri (5) North Korea’s pursuit and development (Purpose: To rename the United States- River Basin Association are strongly encour- of nuclear weapons is of grave concern and China Security Review Commission as the aged to reach agreement on a flow schedule represents a serious threat to the security of United States-China Economic and Secu- for the Missouri River as soon as practicable the United States, its regional allies, and rity Review Commission, and for other for 2003. friends; purposes) AMENDMENT NO. 142, AS MODIFIED (6) North Korea must immediately come On page 713, strike line 23 and all that fol- (Purpose: To protect, restore, and enhance into compliance with its obligations under lows through page 714, line 3, and insert the fish, wildlife, and associated habitats of the Treaty on the Non-Proliferation of Nu- following: clear Weapons and other commitments to certain lakes and rivers) SEC. 209. United States-China Economic and Secu- On page 80, between lines 3 and 4, insert the international community; rity Review Commission. the following: (7) any diplomatic solution to the North (a) APPROPRIATIONS.—There are appro- SEC. 7——. RESTORATION OF FISH, WILDLIFE, Korean crisis must achieve the total dis- priated, out of any funds in the Treasury not AND ASSOCIATED HABITATS IN WA- mantlement of North Korea’s nuclear weap- otherwise appropriated, $1,800,000, to remain TERSHEDS OF CERTAIN LAKES. ons and nuclear production capability, in- available until expended, to the United (a) IN GENERAL.—In carrying out section cluding effective and comprehensive States-China Economic and Security Review 2507 of Public Law 107–171, the Secretary of verification requirements, on-site moni- Commission. the Interior, acting through the Commis- toring, and free access for the investigation (b) NAME CHANGE.— sioner of Reclamation, shall— of all sites of concern; (1) IN GENERAL.—Section 1238 of the Floyd (1) subject to paragraph (3), provide water (8) the United States, in conjunction with D. Spence National Defense Authorization and assistance under that section only for the Republic of Korea and other allies in the Act of 2001 (22 U.S.C. 7002) is amended— the Pyramid, Summit, and Walker Lakes in Pacific region, should take measures to en- (A) in the section heading by inserting the State of Nevada; sure the highest possible level of deterrence ‘‘ECONOMIC AND’’ before ‘‘SECURITY’’;

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.102 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1429 (B) in subsection (a)— manufacturing, and R&D facilities; the im- Head Start Act shall be exempt from the (i) in paragraph (1), by inserting ‘‘Eco- pact of these transfers on United States na- across-the-board rescission under Section 601 nomic and’’ before ‘‘Security’’; and tional security, including political influence of Discussion. (ii) in paragraph (2), by inserting ‘‘Eco- by the Chinese Government over American Mr. STEVENS. Mr. President, I move nomic and ’’ before ‘‘Security’’; firms, dependence of the United States na- (C) in subsection (b)— tional security industrial base on Chinese to reconsider the vote, and I move to (i) in the subsection heading, by inserting imports, the adequacy of United States ex- lay that motion on the table. ‘‘ECONOMIC AND’’ before ‘‘SECURITY’’; port control laws, and the effect of these The motion to lay on the table was (ii) in paragraph (1), by inserting ‘‘Eco- transfers on U.S. economic security, employ- agreed to. nomic and’’ before ‘‘Security’’; ment, and the standard of living of the Mr. STEVENS. Mr. President, Sen- (iii) in paragraph (3)— American people; analyze China’s national ator LAUTENBERG has 5 minutes on his (I) in the matter preceding subparagraph budget and assess China’s fiscal strength to amendment on the Superfund. (A), by inserting ‘‘Economic and’’ before address internal instability problems and as- Mr. REID. Mr. President, if the Sen- ‘‘Security’’; and sess the likelihood of externalization of such (II) in subparagraph (H), by inserting ‘‘Eco- problems; ator wants to call up amendment No. nomic and’’ before ‘‘Security’’; and (C) ENERGY.—The Commission shall evalu- 112 now, he can. (iv) in paragraph (4), by inserting ‘‘Eco- ate and assess how China’s large and growing Mr. STEVENS. Very well. nomic and’’ before ‘‘Security’’ each place it economy will impact upon world energy sup- AMENDMENT NO. 112, AS MODIFIED appears; and plies and the role the U.S. can play, includ- Mr. STEVENS. Mr. President, I call (D) in subsection (e)— ing joint R&D efforts and technological as- (i) in paragraph (1), by inserting ‘‘Eco- sistance, in influencing China’s energy pol- up amendment No. 112. nomic and’’ before ‘‘Security’’; icy; The PRESIDING OFFICER. The (ii) in paragraph (2), by inserting ‘‘Eco- (D) UNITED STATES CAPITAL MARKETS.—The clerk will report. nomic and’’ before ‘‘Security’’; Commission shall evaluate the extent of Chi- The legislative clerk read as follows: (iii) in paragraph (3)— nese access to, and use of, United States cap- The Senator from Kentucky [Mr. BUNNING] (I) in the first sentence, by inserting ‘‘Eco- ital markets, and whether the existing dis- proposes an amendment numbered 112, as nomic and’’ before ‘‘Security’’; and closure and transparency rules are adequate modified. (II) in the second sentence, by inserting to identify Chinese companies which are ac- ‘‘Economic and’’ before ‘‘Security’’; tive in United States markets and are also Mr. STEVENS. Mr. President, I ask (iv) in paragraph (4), by inserting ‘‘Eco- engaged in proliferation activities; unanimous consent that reading of the nomic and’’ before ‘‘Security’’; and (E) CORPORATE REPORTING.—The Commis- amendment be dispensed with. (v) in paragraph (6), by inserting ‘‘Eco- sions shall assess United States trade and in- The PRESIDING OFFICER. Without nomic and’’ before ‘‘Security’’ each place it vestment relationship with China, including objection, it is so ordered. the need for corporate reporting on United appears. The amendment is as follows: (2) REFERENCES.—Any reference in any States investments in China and incentives Federal law, Executive order, rule, regula- that China may be offering to United States AMENDMENT NO. 112 AS MODIFIED tion, or delegation of authority, or any docu- corporations to relocate production and R&D (Purpose: The Secretary of HHS may make ment of or relating to the United States- to China. grants to purchase ultrasound equipment) China Economic and Security Review Com- (F) REGIONAL ECONOMIC AND SECURITY IM- At the end of the general provisions relat- mission shall be deemed to refer to the PACTS.—The Commission shall assess the ex- ing to the Department of Health and Human United States-China Economic and Security tent of China’s ‘‘hollowing-out’’ of Asian Services, insert the following: Review Commission. manufacturing economies, and the impact on United States economic and security inter- SEC. ll. GRANTS FOR PURCHASE OF (c) MEMBERSHIP, RESPONSIBILITIES, AND ULTRASOUND EQUIPMENT. ests in the region; review the triangular eco- TERMS.— (a) IN GENERAL.—The Secretary of Health nomic and security relationship among the (1) IN GENERAL.—Section 1238(b)(3) of the and Human Services may make grants for United States, Taipei and Beijing, including Floyd D. Spencer National Defense Author- the purchase of ultrasound equipment. Such Beijing’s military modernization and force ization Act of 2001 (22 U.S.C. 7002) is amend- ultrasound equipment shall be used by the deployments aimed at Taipei, and the ade- ed— recipients of such grants to provide, under quacy of United States executive branch co- (A) by striking subparagraph (F) and in- the direction and supervision of a licensed ordination and consultation with Congress serting the following: physician, free ultrasound examinations to on United States arms sales and defense rela- ‘‘(F) each appointing authority referred to pregnant woman needing medical services: tionship with Taipei; under subparagraphs (A) through (D) of this Provided, That: the Secretary shall give pri- paragraph shall— (G) UNITED STATES-CHINA BILATERAL PRO- GRAMS.—The Commission shall assess ority in awarding grants to those organiza- ‘‘(i) appoint 3 members to the Commission; tions that agree to adhere to professional ‘‘(ii) make the appointments on a stag- science and technology programs to evaluate if the United States is developing an ade- guidelines for counseling pregnant women. gered term basis, such that— Whereby a pregnant woman is fully informed ‘‘(I) 1 appointment shall be for a term ex- quate coordinating mechanism with appropriate review by the intelligence community in a non-biased manner about all options. piring on December 31, 2003; and Mr. STEVENS. Mr. President, I ask ‘‘(II) 1 appointment shall be for a term ex- and Congress; assess the degree of non-com- piring on December 31, 2004; and pliance by China and United States-China for the immediate adoption of the ‘‘(III) 1 appointment shall be for a term ex- agreements on prison labor imports and in- modified amendment. piring on December 31, 2005; tellectual property rights; evaluate U.S. en- The PRESIDING OFFICER. Without ‘‘(iii) make all subsequent appointments forcement policies; and recommend what objection, the amendment, as modified, on an approximate 2-year term basis to ex- new measures the United States Government is agreed to. pire on December 31 of the applicable year; might take to strengthen our laws and en- The amendment (No. 112), as modi- forcement activities and to encourage com- and fied, was agreed to. ‘‘(iv) make appointments not later than 30 pliance by the Chinese; days after the date on which each new Con- (H) WORLD TRADE ORGANIZATION COMPLI- Mr. STEVENS. Mr. President, I move gress convenes;’’. ANCE.—The Commission shall review China’s to reconsider the vote, and I move to (2) RESPONSIBILITIES OF THE COMMISSION.— record of compliance to date with its acces- lay that motion on the table. The U.S.-China Commission shall focus on sion agreement to the WTO, and explore The motion to lay on the table was the following nine areas when conducting its what incentives and policy initiatives should agreed to. work during fiscal year 2003 and beyond: be pursued to promote further compliance by The PRESIDING OFFICER. The Sen- A. PROLIFERATION PRACTICES.—The Com- China; (I) MEDIA CONTROL.—The Commission shall ator from New Jersey is recognized. mission shall analyze and assess the Chinese Mr. LAUTENBERG. I thank the man- role in the proliferation of weapons of mass evaluate Chinese government efforts to in- destruction and other weapons (including fluence and control perceptions of the United ager. dual use technologies) to terrorist-spon- States and its policies through the internet, AMENDMENT NO. 192, AS MODIFIED soring states, and suggest possible steps the Chinese print and electronic media, and Mr. LAUTENBERG. Mr. President, I which the U.S. might take, including eco- Chinese internal propaganda. (3) EFFECTIVE DATE.—This subsection shall call up my amendment, which is at the nomic sanctions, to encourage the Chinese to take effect on the date of enactment of this desk. stop such practices; Act. The PRESIDING OFFICER. The B. ECONOMIC REFORMS AND UNITED STATES ECONOMIC TRANSFERS.—The Commission AMENDMENT NO. 188, AS MODIFIED clerk will report. shall—analyze and assess the qualitative and (Purpose: To exempt Head Start programs The legislative clerk read as follows: quantitative nature of the shift of United from across the board rescissions) The Senator from New Jersey [Mr. LAU- States production activities to China, in- Notwithstanding any other provisions of TENBERG] proposes an amendment numbered cluding the relocation of high-technology, this Act, the $6,667,533,000 provided for the 192.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.116 S23PT2 S1430 CONGRESSIONAL RECORD — SENATE January 23, 2003 Mr. President, I ask unanimous con- sites—has been allowed to lapse. We think my colleague from New Jersey is sent to modify the amendment that is need to reauthorize the funding source doing exactly the right thing to bring at the desk. and reinstate a dependable revenue this issue forward. The PRESIDING OFFICER. Is there stream for the program, but that is a Mr. LAUTENBERG. I thank my dis- objection to the modification? debate for another day. In the interim, tinguished colleague. Mr. STEVENS. Mr. President, reserv- we have to do more with what we have. Mr. President, nationally, one in four ing the right to object, we have not In the 4 years leading up to the year Americans lives within 4 miles of an seen the modification. 2000, an average of 87 Superfund were NPL site. That is unacceptable. Con- I remove that objection. being cleaned up each year. Since then, taminated sites endanger our environ- The PRESIDING OFFICER. Without the number has dropped by half: 42 ment, they endanger our health, they objection, the amendment is modified. sites cleaned up in 2001 and 47 sites endanger our economy. The amendment (No. 192), as modi- cleaned up in 2002. This isn’t acceptable We have money in the trust fund. We fied, is as follows: nor is it responsible. should use it. We desperately need to clean up these sites and make them AMENDMENT NO. 192 AS MODIFIED Adequate funding for Superfund is a safe and productive again, especially (Purpose: To increase the appropriation for very serious matter for the people of the Hazardous Substance Superfund) my home State of New Jersey. My for the sake of the communities that surround them. Having these blighted On page 982, strike lines 21 through 25 and State has 113 hazardous waste sites on insert the following: the National Priority List (NPL)— locations throughout our country is simply that; it is a plague on these per project; $1,372,888,000, to remain available more than any other State. until expended, consisting of $736,444,000, as But I would quickly point out this communities. We ought to get on with authorized by section 517(a) of the Superfund isn’t simply an urban-State problem. transforming them from wastelands Amendments and Reauthorization Act of The largest Superfund site in the coun- into industrial, commercial, and resi- 1986 (Public Law 99–499; 100 Stat. 1613), and try right now is in Coeur d’Alene, ID, dential sites that benefit everybody. This amendment is cosponsored by $636,444,000 as a payment from general one of the most beautiful States in our several of my colleagues, including The PRESIDING OFFICER. The Sen- country. And yet there is this blight in Senator CORZINE, Senator BOXER, Sen- ator from New Jersey is recognized for their midst. And we see the same thing 1 ator KENNEDY, Senator BIDEN, Senator 7 ⁄2 minutes. in Montana, another rural mountain CLINTON, Senator NELSON of Florida, Mr. LAUTENBERG. I thank the State, so beautiful with nature’s bless- Senator JEFFORDS of Vermont, Senator Chair. ing. KERRY, and Senator SCHUMER. The authorization level under the Mrs. BOXER. Will the Senator yield? Superfund law for this year is $11.5 bil- Mr. President, I hope we will be able Mr. LAUTENBERG. Sure. to use these funds for the purpose in- lion. The bill before us provides $1.27 Mrs. BOXER. Mr. President, I want billion. Of that amount, 50 percent tended: cleaning up more Superfund to take a moment to thank the Sen- sites faster in the coming year. I urge comes from the Superfund trust fund ator from New Jersey and say how and the rest comes from general reve- adoption of the amendment. wonderful it is, for anyone who cares I yield the floor. nues. about the environment and of cleaning The PRESIDING OFFICER. The Sen- There is now about $120 million in up the environment, to have him back. ator from Oklahoma. unobligated funds left in the Superfund This is a very important amendment. Mr. INHOFE. Mr. President, I rise in trust fund. My amendment takes $100 Superfund sites are all over the coun- opposition to the Lautenberg amend- million of that and adds it to the $1.27 try in almost every single State. They ment. I look over and see both Sen- billion so that we can increase the hurt our people. They are dangerous to ators from Louisiana here. I can assure number of contaminated sites we will our children. They have to be cleaned you that money is not just the answer. be cleaning up, but also to give some up. I remember at Bossier City there was a encouragement to a group of highly The Senator is right. Polluter pays is site that the Federal Government was trained professionals so they can look the way we ought to go with these going to clean up. It was going to cost to a continuation of a career that has funds. So I just wanted to rise to thank X dollars. I don’t remember the exact been devoted to getting these sites my friend. amount, but I didn’t know this amend- cleaned up. Mr. LAUTENBERG. Mr. President, I ment was going to come up. After we My amendment doesn’t fully fund the thank the Senator from California. We spent quite a bit of time, we found that program, but because the average cost have worked diligently together to try the responsible parties were willing to of cleanup in a normal Superfund site to turn these Superfund sites from en- do it under State supervision. All of is $12 million, this $100 million could vironmental and health hazards into the parishes agreed to it. All of the help protect eight more communities productive properties for the affected citizens, neighborhood groups, agreed from contaminated ground water and communities. to it. Yet they were still going to do it. toxic soil in their neighborhoods. I yield to the Senator from Vermont. We ended up forcing this through and From the beginning, an important Mr. JEFFORDS. Mr. President, I cleaning it up for one-half the amount principle of Superfund has been that commend the Senator for the amend- of money and in one-half of the time. those responsible for the contamina- ment. It is a crime that we have not We need to reform the Superfund sys- tion should pay for the cleanup. The been utilizing the Superfund the way it tem. I would argue with my good friend polluters—not the general public— should be utilized. The Senator is put- from Idaho, I think we have the largest should pay. ting it back on track. I commend the Superfund problem in Tar Creek in the In keeping with this principle, my Senator for his efforts. State of Oklahoma. amendment draws only from the trust Mr. LAUTENBERG. I thank the Sen- I will not yield to my friend because fund, not from general revenues. ator from Vermont. I think I need my time. Unfortunately, it seems that some Mr. CORZINE. Will my colleague But I would say this: We have spent have lost sight of the ‘‘polluter pays’’ from New Jersey yield? about $100 million on it over the last 15 principle at the heart of the Superfund Mr. LAUTENBERG. Yes. I yield to years, and it has not resolved the prob- program. my colleague. lem. We want to reform the system. We In the appropriations bill before us, Mr. CORZINE. I just want to rein- need to reform the system. And, of taxpayers, not polluters, would pay for force and reemphasize how important course, there are no offsets. So I know 50 percent of the cleanup program. This this is in our State of New Jersey with that will mean something to some of simply isn’t fair to our Nation’s tax- the 113 sites. By the way, there is an the people. payers. increasing sense—scientific sense, data But let’s go ahead, give our com- But the ‘‘polluter pays’’ principle is sense—that we are having a high inci- mittee a chance, give Senator CHAFEE, fair. It has worked, and it should be dence of cancer in areas that surround whose subcommittee has the jurisdic- preserved. Yet the tax on petroleum these sites. tion, a chance to go in here and do a and chemical products—the sources of This is a health problem. It really is better job rather than pouring money contamination at most Superfund something that needs to be addressed. I on a system that is not working today.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.155 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1431 Now I will yield—— chemicals don’t get cleaned up—the Campbell Graham (SC) Nickles Mr. CRAIG. One minute. Superfund. I am looking to make sure Chafee Grassley Roberts Chambliss Gregg Santorum Mr. INHOFE. One minute to the Sen- I never go back to that group because Cochran Hagel Sessions ator from Idaho. it has been 10 years, and I don’t want Coleman Hatch Shelby Mr. CRAIG. The superfund site in them to ask me what happened. Maybe Cornyn Hutchison Smith Craig Inhofe Coeur d’Alene, ID, that the Senator it will happen next year. Snowe Crapo Kyl Specter from New Jersey referred to, 3 years DeWine Lott The PRESIDING OFFICER. The Sen- Stevens Dole Lugar ago was touted to cost $1 billion to ator from New Jersey. Sununu Domenici McCain clean up. As a result of a cooperative Talent Mr. LAUTENBERG. Mr. President, I Ensign McConnell State plan, in conjunction with EPA— listened with interest to the comments Enzi Miller Thomas the first unique plan of this kind, de- of my colleagues. Fitzgerald Murkowski Voinovich Warner signed under a new State commission; The PRESIDING OFFICER. The Sen- Frist Nelson (NE) and our new Director Whitman has ator from Oklahoma. NAYS—45 signed off on it—that same area can be Mr. INHOFE. Mr. President, par- Akaka Dodd Leahy cleaned up and meet all of the stand- liamentary inquiry: How much time Baucus Dorgan Levin ards for less than $300 million over a 12- does the Senator from New Jersey have Bayh Durbin Lieberman year to 15-year period. Biden Edwards Lincoln remaining? Bingaman Feingold Mikulski Now, $300 million versus $1 billion is The PRESIDING OFFICER. The Sen- Boxer Feinstein Murray a heck of a lot of money. Because of ator from New Jersey has 52 seconds Byrd Graham (FL) Nelson (FL) these new cooperative relationships Cantwell Hollings Pryor remaining. The Senator from Okla- Carper Jeffords Reed and State plans—that past EPAs re- homa has 2 minutes 30 seconds. Clinton Johnson Reid fused to negotiate and bring States The Senator from New Jersey. Collins Kennedy Rockefeller into the process—but because we are Mr. LAUTENBERG. Mr. President, Conrad Kerry Sarbanes now doing that, I agree with the Sen- Corzine Kohl Schumer no one would suggest that we shouldn’t Daschle Landrieu Stabenow ator from Oklahoma, there is great op- look for more efficient ways to do Dayton Lautenberg Wyden portunity for reform. You just don’t things with regard to the Superfund throw money at these problems. You NOT VOTING—2 program. And there is always redress, Harkin Inouye resolve them in new, creative ways, unfortunately, to the court if one and still meet standards for clean wants it. But the Superfund Program The motion was agreed to. water and clean air. has been working: 87 sites a year, on Mr. STEVENS. I move to reconsider Mr. INHOFE. I appreciate the com- average, were being cleaned up, up the vote, and I move to lay that mo- ments of the Senator from Idaho be- until the year 2000; over 800 sites in all. tion on the table. cause we do have two of those dev- That is pretty darn good. We learned The motion to lay on the table was astating sites. how to do it. The program is working. agreed to. I yield whatever time I have to the To deprive it now is really not what AMENDMENTS NOS. 10, 28, 47, 65, AS MODIFIED; 88, Senator from Missouri. ought to be happening. I am sure citi- 110, 139, AS MODIFIED; 155, 201, 218, 151, 50, 34, 126, The PRESIDING OFFICER. The Sen- zens across this country would agree 158, EN BLOC ator from Missouri. with us: More money, more cleanups. Mr. STEVENS. Mr. President, if I Mr. BOND. Mr. President, in addition That is what we want out of the Super- may have the attention of the Senate, to the arguments that the distin- fund Program. I have two more amendments that have guished Senators from Oklahoma and I yield back whatever time remains. been cleared. I will make a request Idaho made about the need to revise after I recite the amendments. the Superfund law, let me simply point The PRESIDING OFFICER. The Sen- Amendment No. 10, Senator NELSON out that this amendment would add ator from Oklahoma. of Florida; amendment No. 28, Senator $100 million more to Superfund spend- Mr. INHOFE. Mr. President, I have to KENNEDY; amendment No. 47, Senator ing. You can call it coming from the argue with my good friend from New FEINSTEIN; amendment No. 65, as modi- Superfund trust fund, but it is still Jersey. If he wants to use the Super- fied, Senator KYL; amendment No. 88, spending, and it still scores against the fund Program as an example of a pro- Senator WARNER; amendment No. 110, budget. It goes over the agreement gram that has been working, then we Senators BOXER and FEINSTEIN; amend- that we had with the President. don’t have any problems around here ment No. 139, as modified, Senators The current bill funds Superfund ac- because it hasn’t been working. We GRAHAM, NELSON, and VOINOVICH; tivities and cleanup at $1.273 billion for have been working on making major amendment No. 155, Senator DOMENICI; fiscal year 2003. This is what the ad- changes. We are going to make major amendment No. 201, Senator FEINGOLD; ministration requested, and that is changes. amendment No. 218, Senator HATCH; what is needed. I yield back the time and move to amendment No. 151, Senator MUR- The Superfund cleanups are ade- table the Lautenberg amendment. I ask KOWSKI and myself; amendment No. 50, quately funded. for the yeas and nays. Senator SARBANES; amendment No. 34, Does my colleague from Oklahoma The PRESIDING OFFICER. Is there a Senator CRAIG; amendment No. 126, wish to add anything further? sufficient second? Mr. INHOFE. Yes. We are in the proc- There appears to be a sufficient sec- Senators BINGAMAN and DOMENICI; and ess of making some major changes. ond. amendment No. 158, Senators BINGA- You heard from the Senator from Idaho The question is on agreeing to the MAN and DOMENICI. the improvements that have been made motion. Mr. President, I ask unanimous con- there. And this is one of the main agen- The clerk will call the roll. sent that these amendments be consid- da items. Mr. REID. I announce that the Sen- ered en bloc. So I urge the defeat of the Lauten- ator from Iowa (Mr. HARKIN) and the The PRESIDING OFFICER. Is there berg amendment and yield to the Sen- Senator from Hawaii (Mr. INOUYE) are objection? ator from Missouri. necessarily absent. Mr. STEVENS. Is that agreeable? Mr. DOMENICI. Will you give me 1 The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without minute? any other Senators in the Chamber de- objection, the amendments are consid- Mr. INHOFE. Sure. siring to vote? ered en bloc. Mr. DOMENICI. I want to tell the The result was announced—yeas 53, Mr. STEVENS. I urge they be adopt- Senate, 10 years ago I made a speech nays 45, as follows: ed en bloc. downtown to 350 people. They were [Rollcall Vote No. 27 Leg.] The PRESIDING OFFICER. Without anxiously paying attention. I said: It is YEAS—53 objection, the amendments are agreed this year we are going to reform that to. Alexander Bennett Brownback crazy fund where we can’t get anything Allard Bond Bunning The amendments were agreed to, en done. The money is piling up and Allen Breaux Burns bloc, as follows:

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.147 S23PT2 S1432 CONGRESSIONAL RECORD — SENATE January 23, 2003

AMENDMENT NO. 10 (2) is included in a set of maps entitled AMENDMENT NO. 155 (Purpose: To transfer the building at 5401 NW ‘Coastal Barrier Resources System’’, dated (Purpose: To extend certain authority relat- Broken Sound Boulevard, Boca Raton, October 24, 1990, revised on October 23, 1992, ing to the Board of Trustees of the Valles Florida and all improvements thereon to and referred to in section 4(a) of the Coastal Caldera Trust) the Administrator of the General Services Barrier Resources Act (16 U.S.C. 3503(a)). On page 488, on line 2, strike the period Administration) (c) AVAILABILITY.—The Secretary of the In- after the word ‘‘accomplishment’’ and insert terior shall keep the replacement map de- At the appropriate place, insert the fol- the following: scribed in subsection (b) on file and available lowing: ‘‘: Provided further, That within funds for inspection in accordance with section (a) The Administrator of General Services available for the purpose of implementing 4(b) of the Coastal Barrier Resources Act (16 shall accept all right, title and interest in the Valles Caldera Preservation Act, not- U.S.C. 3503(b)). the property described in subsection (b), if withstanding the limitations of 107(d)(2) of written offer therefore (accompanied by such AMENDMENT NO. 110 the Valles Caldera Preservation Act (Public proof of title, property descriptions and (Purpose: To express the sense of the Senate Law 106–248), for fiscal year 2003, the mem- other information as the Administration regarding prohibiting the use of funds to bers of the Board of Trustees of the Valles may require) is received by the Adminis- approve any exploration, development, or Caldera Trust may receive, upon request, trator from the owner of such property with- production plan for, or application for a compensation for each day (including travel in 12 months after the date of the enactment permit to drill on, land in the southern time) that they are engaged in the perform- of this Act. California planning area of the outer Con- ance of the functions of the Board, except (b) The property described in this sub- tinental Shelf that is subject to certain that compensation shall not exceed the daily section is the property located at 5401 NW leases) equivalent of the annual rate in effect for Broken Sound Boulevard, Boca Raton, Flor- On page 486, between lines 8 and 9, insert members of the Senior Executive Service at ida and all improvements thereon. the following: the ES–1 level, and shall be in addition to any reimbursement for travel, subsistence (c) The United States shall pay an amount SEC. ll. SENSE OF THE SENATE REGARDING that does not exceed $1 in consideration of SOUTHERN CALIFORNIA OFFSHORE and other necessary expenses incurred by any right, title, or interest received by the OIL LEASES. them in the performance of their duties, and United States under this section. (a) FINDINGS.—Congress finds that— except that Members of the Board who are AMENDMENT NO. 28 (1) there are 36 undeveloped oil leases on officers or employees of the United States shall not receive any additional compensa- (Purpose: To permit the National Park Serv- land in the southern California planning area tion by reason of service on the Board.’’ ice to rehabilitate historic buildings in the of the outer Continental Shelf that— New Bedford Whaling National Historical (A) have been under review by the Sec- AMENDMENT NO. 201 Park that were severely damaged by fire) retary of the Interior for an extended period (Purpose: To require the release of a Depart- of time, including some leases that have At the appropriate place, insert the fol- ment of the Interior strategy to address been under review for over 30 years; and lowing: chronic wasting disease) (B) have not been approved for develop- Section XXX. Section 511(g)(2)(A) of the On page 450, line 2, strike ‘‘restoration:’’ ment under the Outer Continental Shelf Omnibus Parks and Public Lands Manage- and insert the following: Lands Act (43 U.S.C. 1331 et seq.); ment Act of 1996 (16 U.S.C. 410ddd(g)(2)(A)) is ‘‘restoration; and with the funds provided (2) the oil companies that hold the 36 amended by striking ‘‘$2,000,000’’ and insert- in this title, the Secretary shall release a leases— ing ‘‘$5,000,000’’. plan for assisting states, federal agencies and (A) have expressed an interest in retiring tribes in managing chronic wasting disease AMENDMENT NO. 47 the leases in exchange for equitable com- in wild and captive cervids within 90 days of (Purpose: To extend the expiration of the pensation; and enactment of this Act:’’. Herger-Feinstein Quincy Library Group (B) are engaged in settlement negotiations AMENDMENT NO. 218 Act of 1998) with the Secretary of the Interior for the retirement of the leases; and (Purpose: To extend the availability of funds On page 486, line 9, insert the following: for the Four Corners Interpretive Center) SEC. . Congress reaffirms its original in- (3) it would be a waste of the taxpayer’s tent that the Herger-Feinstein Qunicy Li- money to continue the process for approval At the appropriate place, insert the fol- brary Group Forest Recovery Act of 1998 be or permitting of the 36 leases while the Sec- lowing: SEC. 7(c) of PL 106–143 is amended by strik- implemented, and hereby extends the expira- retary of the Interior and the lessees are ne- ing ‘‘2001’’, and inserting 2004. tion of the Quincy Library Group Act by five gotiating to retire the leases. years. (b) SENSE OF THE SENATE.—It is the sense AMENDMENT NO. 151 of the Senate that no funds made available AMENDMENT NO. 65, AS MODIFIED At the appropriate place in the bill insert by this Act or any other Act for any fiscal the following new section: (Purpose: Fund rehabilitation on the year should be used by the Secretary of the ‘‘SEC. ll Clarification of Alaska Native Apache-Sitgreaves National Forest) Interior to approve any exploration, develop- Settlement Trusts. On page 488, line 10, strike ‘‘1,349,291,000’’ ment, or production plan for, or application ‘‘(A) Section lll of P.L. l (43 U.S.C. and insert ‘‘$1,351,791,000.’’ for a permit to drill on, the 36 undeveloped 1629b) is amended: On page 489, line 9, strike ‘‘$3,624,000’’ and leases in the southern California planning ‘‘(1) at subsection (d)(1) by striking ‘‘An’’ insert ‘‘$6,124,000.’’ area of the outer Continental Shelf during and inserting in its place ‘‘Except as other- On page 489, line 10, following ‘‘restora- any period in which the lessees are engaged wise set forth in subsection (d)(3) of this section,’’ insert ‘‘of which $2,500,000 may be for in settlement negotiations with the Sec- tion, an’’; rehabilitation and restoration on the retary of the Interior for the retirement of ‘‘(2) by creating the following new sub- Apache-Sitgreaves National Forest.’’ the leases. section: On page 493, line 17, strike ‘‘$148,263,000’’, AMENDMENT NO. 139 ‘‘(d)(3) A resolution described in subsection and insert ‘‘$145,763,000.’’ (a)93) of this section shall be considered to be (Purpose: To direct the Corps of Engineers to approved by the shareholders of a Native AMENDMENT NO. 88 construct a portion of the modified water Corporation if it receives the affirmative (Purpose: To clarify the boundaries of the delivery project in the State of Florida) vote of shares representing— Plum Island Unit of the Coastal Barrier On page 271, between lines 10 and 11, insert ‘‘(A) a majority of the shares present or Resources System) the following: represented by proxy at the meeting relating On page 486, between lines 8 and 9, insert SEC. 1ll. MODIFIED WATER DELIVERY PROJECT to such resolution, or ‘‘(B) an amount of the following: IN THE STATE OF FLORIDA. shares greater than a majority of the shares SEC. ll. REPLACEMENT OF COASTAL BARRIER The Corps of Engineers, using funds made present or represented by proxy at the meet- RESOURCES SYSTEM MAP. available for modifications authorized by ing relating to such resolution (but not (a) IN GENERAL.—The map described in subsection 104 of the Everglades National Park greater than two-thirds of the total voting section (b) is replaced, in the maps depicting Protection and Expansion Act of 1989 (16 power of the corporation) if the corporation the Coastal Barrier Resources System that U.S.C. 410r–8), shall immediately carry out establishes such a level by an amendment to are referred to in section 4(a) of the Coastal alternative 6D (including paying 100 percent its articles of incorporation.’’; Barrier Resources Act (16 U.S.C. 3503(a)), by of the cost of acquiring land or an interest in ‘‘(3) by creating the following new sub- the map entitled ‘‘Plum Tree Island Unit land) for the purpose of providing a flood section: VA–59P, Long Creek Unit VA–60/VA–60P’’ protection system for the 8.5 square mile ‘‘(f) Substantially all of the assets. For and dated May 1, 2002. area described in the report entitled ‘‘Cen- purposes of this section and section 1629e of (b) DESCRIPTION OF REPLACED MAP.—The tral and South Florida Project, Modified this title, a Native Corporation shall be con- map referred to in subsection (a) is the map Water Deliveries to Everglades National sidered to be transferring all or substantially that— Park, Florida, 8.5 Square Mile Area, General all of its assets to a settlement Trust only if (1) relates to Plum Island Unit VA–59P and Reevaluation Report and Final Supple- such assets represent two-thirds or more of Long Creek Unit VA–60/VA–60P located in mental Environmental Impact Statement’’ the fair market value of the Native Corpora- Poquoson and Hampton, Virginia; and and dated July 2000. tion’s total assets.

VerDate Dec 13 2002 02:07 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.124 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1433 ‘‘(B) Section lll of P.L. l (43 U.S.C. the Energy Policy and Conservation Act (42 age of public land bills at the very end 1629e) is amended by striking subsection (B) U.S.C. 6271 et seq.) is amended— of the last Congress. Because of the ur- and inserting in its place the following: (1) by striking section 256(h) (42 U.S.C. gency of resolving this dispute, we are ‘‘(B) shall give rise to dissenters rights to 6276(h)) and inserting— offering this Senate-passed language the extend provided under the laws of the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— State only if: There are authorized to be appropriated to on this bill. I thank my colleague from ‘‘(i) the rights of beneficiaries in the set- the Secretary such sums as may be nec- New Mexico and my colleagues in the tlement Trust receiving a conveyance are in- essary to carry out this part, to remain Senate for their help in passing this alienable; and ‘‘(ii) a shareholder vote on available until expended.’’; amendment. such transfer is required by (a)(4) of section (2) by inserting before section 273 (42 U.S.C. Mr. STEVENS. I move to reconsider 6283) the following: 1629b of this title.’’ the vote. AMENDMENT NO. 50 ‘‘ PART C—SUMMER FILL AND FUEL Mr. DOMENICI. I move to lay that (Purpose: To direct the Director of the BUDGETING PROGRAMS’’ United States Fish and Wildlife Service to (3) by striking section 273(e) (42 U.S.C. motion on the table. submit a report on avian mortality at com- 6283(e); relating to the expiration of summer The motion to lay on the table was munication towers) fill and fuel budgeting programs); and agreed to. (4) by striking part D (42 U.S.C. 6285; relat- On page 486, between lines 8 and 9, insert AMENDMENTS NOS. 33, 102, AS MODIFIED; 205, 236, the following: ing to the expiration of title II of the Act). (c) TECHNICAL AMENDMENTS.—The table of 243, 135, AS MODIFIED; 116, AS MODIFIED; 226, AS SEC. ll. REPORT ON AVIAN MORTAILITY AT MODIFIED; 163, AS MODIFIED; 187, AS MODIFIED; COMMUNICATIONS TOWERS. contents for the Energy Policy and Con- servation Act is amended— 62, AS MODIFIED; 238, AND 129, EN BLOC (a) IN GENERAL.—Not later than 180 days (1) by amending the items relating to part after the date of enactment of this Act, the Mr. STEVENS. I have another list. I D of title I to read as follows: Director of the United States Fish and Wild- will similarly make a request that they life Service, in cooperation with the Chair- ‘‘PART D—NORTHEAST HOME HEATING OIL be considered en bloc: Amendment No. man of the Federal Communications Com- RESERVE 33, Senator CRAIG and Senator DURBIN; mission and the Administrator of the Fed- ‘‘Sec. 181. Establishment. amendment No. 102, Senator LEAHY. It eral Aviation Administration, shall submit ‘‘Sec. 182. Authority. should be modified so that ‘‘shall’’ ‘‘Sec. 183. Conditions for releas; plan. to the Committee on Appropriations, the reads ‘‘may.’’ I ask for that modifica- Committee on Environment and Public ‘‘Sec. 184. Northeast Home Heating Oil Re- Works, and the Committee on Commerce, serve Account. tion now. Science, and Transportation of the Senate a ‘‘Sec. 185. Exemptions.’’; The PRESIDING OFFICER. Without report on avian mortality at communica- (2) by amending the items relating to part objection, it is so ordered. The amend- tions towers in the United States. C of title II to read as follows: ment is so modified. (b) CONTENTS.—The report submitted under ‘‘PART C—SUMMER FILL AND FUEL BUDGETING Mr. STEVENS. Amendment No. 205, subsection (a) shall include— PROGRAMS Senator MCCONNELL; amendment No. (1) an estimate of the number of birds that ‘‘Sec. 273. Summer fill and fuel budgeting collide with communication towers; programs.’’; and 236, Senator HARKIN; amendment No. (2) a description of the causes of those col- 243, Senator EDWARDS. Further, at the (3) by striking the items relating to part D lisions; and of title II. desk are modifications for amendment (3) recommendations on how to prevent (d) Section 183(b)(1) of the Energy Policy No. 135, Senator TALENT; amendment those collisions. and Conservation Act (42 U.S.C. 6250b(b)(1)) No. 116, Senator LEAHY; amendment AMENDMENT NO. 34 is amended by inserting ‘‘(considered as a No. 226, Senator KOHL; amendment No. (Purpose: To modify the provision relating heating season average)’’ after ‘‘mid-October 163, Senator FITZGERALD and Senator to the Bonneville Power Administration through March’’. HARKIN. I ask that those amendments Fund) (e) FULL CAPACITY.—The President shall— be so modified according to the items On page 286, between lines 15 and 16, insert (1) fill the Strategic Petroleum Reserve es- at the desk. the following: tablished pursuant to part B of title I of the For the purposes of providing funds to as- Energy Policy and Conservation Act (42 The PRESIDING OFFICER. Without sist in financing the construction, acquisi- U.S.C. 6231 et seq.) to full capacity as soon as objection, it is so ordered. tion, and replacement of the transmission practicable; Mr. STEVENS. On amendment No. system of the Bonneville Power Administra- (2) acquire petroleum for the Strategic Pe- 187, there is a substitute at the desk. tion and to implement the authority of the troleum Reserve by the most practicable and cost-effective means, including the acquisi- On behalf of Senator LEAHY, I ask that Administrator under the Pacific Northwest the substitute be considered as part of Electric Power Planning and Conservation tion of crude oil the Untied States is entitled Act (16 U.S.C. 839 et seq.), an additional to receive in kind as royalties from produc- this package in lieu of the original $700,000,000 in borrowing authority is made tion on Federal lands; and version of this amendment. available under the Federal Columbia River (3) ensure that the fill rate minimizes im- The PRESIDING OFFICER. Without Transmission System Act (16 U.S.C. 838 et pact on petroleum markets. objection, the amendment will be so (f) RECOMMENDATIONS.—Not later than 180 seq.), to remain outstanding at any time: modified. Provided, That the Bonneville Power Admin- days after the date of enactment of this Act, istration shall not use more than $531,000,000 the Secretary of Energy shall submit to the Mr. STEVENS. Amendment No. 62, as of its permanent borrowing authority in fis- Congress a plan to— modified, Senator MCCONNELL; amend- cal year 2003. (1) eliminate any infrastructure impedi- ment No. 238, Senator DODD; and ments that may limit maximum drawdown AMENDMENT NO. 126 amendment No. 129, Senator KERRY capability; and and Senator SNOWE. Mr. President, ‘‘SEC.ll. PERMANENT AUTHORITY TO OPERATE (2) determine whether the capacity of the THE STRATEGIC PETROLEUM RE- Strategic Petroleum Reserve on the date of amendment No. 62 is a modification. I SERVE AND OTHER ENERGY PRO- enactment of this section is adequate in did not read that. I ask that that origi- GRAMS. light of the increasing consumption of petro- nal amendment be modified according (a) AMENDMENT TO TITLE I OF THE ENERGY leum and the reliance on imported petro- to the papers that are at the desk. POLICY AND CONSERVATION ACT.—Title I of leum. the Energy Policy and Conservation Act (42 The PRESIDING OFFICER. Without U.S.C. 6211 et seq.) is amended— AMENDMENT NO. 158 objection, it is so ordered. (1) by striking section 166 (42 U.S.C. 6246) (The amendment is printed in the Mr. STEVENS. Mr. President, I ask and inserting— RECORD of Tuesday, January 21 under unanimous consent that these amend- ‘‘AUTHORIZATION OF APPROPRIATIONS Text of Amendments.’’) ments be considered en bloc. ‘‘SEC. 166. There are authorized to be ap- AMENDMENT NO. 158 The PRESIDING OFFICER. Without propriated to the secretary such sums was Mr. BINGAMAN: Mr. President, the objection, it is so ordered. may be necessary to carry out this part and amendment being offered jointly by part D, to remain available until expended.’’; the senior Senator from New Mexico Mr. STEVENS. I ask that they be (2) by striking section 186 (42 U.S.C. 6250e); and myself represents a consensus solu- adopted en bloc. and tion in New Mexico to a thorny land The PRESIDING OFFICER. Without (3) by striking part E (42 U.S.C. 6251; relat- objection, it is so ordered. ing to the expiration of title I of the Act). dispute in and around Albuquerque. (b) AMENDMENT TO TITLE II OF THE ENERGY The text of this amendment passed the The amendments were agreed to en POLICY AND CONSERVATION ACT.—Title II of Senate unanimously as part of a pack- bloc, as follows:

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.138 S23PT2 S1434 CONGRESSIONAL RECORD — SENATE January 23, 2003

AMENDMENT NO. 33 ‘‘(1) the loan rate established for the com- (3) CONGRESSIONAL REVIEW OF AGENCY RULE- (To clarify the rates applicable to marketing modity under section 1202, plus interest (de- MAKING.—In carrying out this subsection, the assistance loans and loan deficiency pay- termined in accordance with section 163 of Secretary shall use the authority provided ments for other oilseeds, dry peas, lentils, the Federal Agriculture Improvement and under section 808 of title 5, United States and small chickpeas) Reform Act of 1996 (7 U.S.C. 7283)); or Code. ‘‘(2) the repayment rate established for oil At the appropriate place in Division A, in- AMENDMENT NO. 236 sunflower seed. sert the following: (Purpose: To express the sense of the Senate ‘‘(g) QUALITY GRADES FOR DRY PEAS, LEN- concerning use of certain funds to provide SEC. ll. MARKETING ASSISTANCE LOANS AND TILS, AND SMALL CHICKPEAS.—The loan re- technical assistance for mandatory con- LOAN DEFICIENCY PAYMENTS FOR payment rate for dry peas, lentils, and small OTHER OILSEEDS, DRY PEAS, LEN- servation programs under the Farm Secu- chickpeas shall be based on the quality TILS, AND SMALL CHICKPEAS. rity and Rural Investment Act of 2002) grades for the applicable commodity speci- (a) DEFINITION OF OTHER OILSEED.—Section On page 80, between lines 3 and 4, insert 1001(9) of the Farm Security and Rural In- fied in section 1202(d).’’. (d) APPLICABILITY.—This section and the the following: vestment Act of 2002 (7 U.S.C. 7901(9)) is amendments made by this section apply be- SEC. 7ll. SENSE OF THE SENATE CONCERNING amended by inserting ‘‘crambe, sesame ginning with the 2003 crop of other oilseeds CERTAIN FUNDS FOR TECHNICAL seed,’’ after ‘‘mustard seed,’’. (as defined in section 1001 of the Farm Secu- ASSISTANCE FOR MANDATORY CON- (b) LOAN RATES FOR NONRECOURSE MAR- rity and Rural Investment Act of 2002 (7 SERVATION PROGRAMS. KETING ASSISTANCE LOANS.—Section 1202 of U.S.C. 7901)), dry peas, lentils, and small (a) FINDINGS.—The Senate finds that— the Farm Security and Rural Investment chickpeas. (1) conservation technical assistance pro- Act of 2002 (7 U.S.C. 7932) is amended— vided through the Department of Agriculture (1) in subsection (a), by striking paragraph AMENDMENT NO. 102, AS MODIFIED is essential to help the farmers, ranchers, (10) and inserting the following: and landowners of the United States to im- (Purpose: To provide funds for value-added ‘‘(10) In the case of other oilseeds, $.0960 plement and maintain critical conservation projects for agricultural diversification) per pound for each of the following kinds of practices; oilseeds: On page 80, between lines 3 and 4, insert (2) Congress provided a historic increase in ‘‘(A) Sunflower seed. the following: mandatory funding for voluntary conserva- ‘‘(B) Rapeseed. SEC. 7ll. VALUE-ADDED PROJECTS FOR AGRI- tion efforts in the Farm Security and Rural ‘‘(C) Canola. CULTURAL DIVERSIFICATION. Investment Act of 2002 (Public Law 107–171); ‘‘(D) Safflower. Of the amount of funds that are made (3) in that Act, Congress provided manda- ‘‘(E) Flaxseed. available to producers in the State of tory funding sufficient to cover all conserva- ‘‘(F) Mustard seed. Vermont under section 524 of the Federal tion technical assistance needed to carry out ‘‘(G) Crambe. Crop Insurance Act (7 U.S.C. 1524) for fiscal conservation programs; ‘‘(H) Sesame seed. year 2003, the Secretary of Agriculture shall (4) under that Act, conservation technical ‘‘(I) Other oilseeds designated by the Sec- make a grant of $200,000 to the Northeast assistance is provided to carry out conserva- retary.’’; Center for Food Entrepreneurship at the tion programs; (2) in subsection (b), by striking paragraph University of Vermont to support value- (5) the General Accounting Office has de- (10) and inserting the following: added projects that contribute to agricul- termined that, under the Farm Security and ‘‘(10) In the case of other oilseeds, $.0930 tural diversification in the State, to remain Rural Investment Act of 2002, funding for per pound for each of the following kinds of available until expended. conservation technical assistance— oilseeds: (A) is provided directly for conservation AMENDMENT NO. 205 ‘‘(A) Sunflower seed. programs; and ‘‘(B) Rapeseed. (Purpose: to improve the administration of (B) is not subject to the limitation speci- ‘‘(C) Canola. price supports) fied in section 11 of the Commodity Credit ‘‘(D) Safflower. On page 80, between lines 3 and 4, insert Corporation Charter Act (15 U.S.C. 714i); and ‘‘(E) Flaxseed. the following: (6) the General Accounting Office has de- ‘‘(F) Mustard seed. SEC. 7ll. PRICE SUPPORT ADJUSTMENTS. termined that funds in the Conservation Op- ‘‘(G) Crambe. (a) CARRY FORWARD ADJUSTMENT.—Section erations account cannot be used to fund con- ‘‘(H) Sesame seed. 319(e) of the Agricultural Adjustment Act of servation technical assistance for conserva- ‘‘(I) Other oilseeds designated by the Sec- 1938 (7 U.S.C. 1314e(e)) is amended in the fifth tion programs under the Farm Security and retary.’’; sentence— Rural Investment Act of 2002. (3) by adding at the end the following: (1) by striking ‘‘: Provided, That’’ and in- (b) SENSE OF THE SENATE.—It is the sense ‘‘(c) SINGLE COUNTY LOAN RATE FOR OTHER serting ‘‘, except that (1)’’; and of the Senate that— OILSEEDS.—The Secretary shall establish a (2) by inserting before the period at the end (1) the President should provide full fund- single loan rate in each county for each kind the following: ‘‘, (2) the total quantity of all ing for conservation technical assistance in of other oilseeds described in subsections adjustments under this sentence for all order to implement conservation programs (a)(10) and (b)(10). farms for any crop year may not exceed 10 under title XII of the Food Security Act of ‘‘(d) QUALITY GRADES FOR DRY PEAS, LEN- percent of the national basic quota for the 1985 (16 U.S.C. 3801 et seq.); and TILS, AND SMALL CHICKPEAS.—The loan rate preceding crop year, and (3) this sentence (2) the President should not use funds from for dry peas, lentils, and small chickpeas shall not apply to the establishment of a the Conservation Operations account to pro- shall be based on— marketing quota for the 2003 marketing vide conservation technical assistance for ‘‘(1) in the case of dry peas, United States year’’. carrying out conservation programs directly feed peas; (b) SPECIAL REQUIREMENTS.—During the pe- funded by that title. ‘‘(2) in the case of lentils, United States riod beginning on the date of enactment of AMENDMENT NO. 243 number 3 lentils; and this Act and ending on the last day of the (Purpose: To broaden the purpose for which ‘‘(3) in the case of small chickpeas, United 2002 marketing year for the kind of tobacco certain funds for rural housing may be used) States number 3 small chickpeas that drop involved, the Secretary of Agriculture may below a 20/64 screen.’’. waive the application of section 1464.2(b)(2) On page 80, between lines 3 and 4, insert (c) REPAYMENT OF LOANS.—Section 1204 of of title 7, Code of Federal Regulations. the following: the Farm Security and Rural Investment (c) REGULATIONS.— SEC. 7ll. RURAL HOUSING SERVICE. Act of 2002 (7 U.S.C. 7934) is amended— (1) IN GENERAL.—The Secretary of Agri- Title III of the Agriculture, Rural Develop- (1) in subsection (a), by striking ‘‘and extra culture may promulgate such regulations as ment, Food and Drug Administration, and long staple cotton’’ and inserting ‘‘extra are necessary to implement this section and Related Agencies Appropriations Act, 2001, is long staple cotton, and confectionery and the amendments made by this section. amended in the first paragraph under the each other kind of sunflower seed (other (2) PROCEDURE.—The promulgation of the heading ‘‘RURAL HOUSING INSURANCE FUND than oil sunflower seed)’’; regulations and administration of this sec- PROGRAM ACCOUNT (INCLUDING TRANSFER OF (2) by redesignating subsection (f) as sub- tion and the amendments made by this sec- FUNDS)’’ under the heading ‘‘RURAL HOUSING section (h); and tion shall be made without regard to— SERVICE’’ (114 Stat. 1549, 1549A–19) by insert- (3) by inserting after subsection (e) the fol- (A) the notice and comment provisions of ing before the period at the end the following: section 553 of title 5, United States Code; lowing: ‘‘: Provided further, That after Sep- ‘‘(f) REPAYMENT RATES FOR CONFECTIONERY (B) the Statement of Policy of the Sec- tember 30, 2002, any funds remaining for the AND OTHER KINDS OF SUNFLOWER SEEDS.—The retary of Agriculture effective July 24, 1971 demonstration program may be used, within Secretary shall permit the producers on a (36 Fed. Reg. 13804), relating to notices of the State in which the demonstration pro- farm to repay a marketing assistance loan proposed rulemaking and public participa- gram is carried out, for fiscal year 2003 and under section 1201 for confectionery and each tion in rulemaking; and subsequent fiscal years to make grants, and other kind of sunflower seed (other than oil (C) chapter 35 of title 44, United States to cover the costs (as defined in section 502 sunflower seed) at a rate that is the lesser Code (commonly known as the ‘‘Paperwork of the Congressional Budget and Impound- of— Reduction Act’’). ment Control Act of 1974 (2 U.S.C. 661a)) of

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.139 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1435 loans authorized, under section 504 of the pay the salaries and expenses of personnel to 2003 budget request, the President Housing Act of 1949 (42 U.S.C. 1474)’’. carry out section 9010 of Public Law 107–171 under-funded the program by 56 per- AMENDMENT NO. 135, AS MODIFIED that exceed 77 percent of the payment that cent, leaving small businesses short (Purpose: To improve the administration of would otherwise be paid to eligible producers than $6 billion in critical loan dollars. certain programs relating to corn) (7 U.S.C. 8108). In order to restore over a billion dol- At the appropriate place, insert the fol- AMENDMENT NO. 187, AS MODIFIED lars of that short-fall, this amendment lowing: (Purpose: To provide funding for inter- would transfer unused funds from SEC. ll. CORN. national family planning programs and for SBA’s STAR loan program to the 7(a) other purposes) (a) IN GENERAL.—Notwithstanding any loan program. As my colleagues may other provision of law, the Secretary of Agri- On page 347, line 4, after the colon, insert: recall, the STAR program was a tem- culture shall consider the planting, pre- Provided further, That of the funds appro- porary loan program that I established vented planting, and production of corn used priated under this heading, not less than with Senator BOND to help small busi- to produce popcorn as the planting, pre- $35,000,000 shall be made available for the vented planting, and production of corn for United Nations Populations Fund: nesses across the Nation hurt by ter- the purposes of determining base acres and On page 306, line 25, strike ‘‘$368,500,000’’ rorist attacks of September 11, 2001. payment yields for direct and counter-cycli- and insert in lieu thereof ‘‘$385,000,000’’ Thousands of small businesses nation- cal payments under subtitle A of title I of On page 365, line 4, before the period insert wide were helped by the $3.6 billion in Public Law 107–171. the following: loans already made available through (b) EFFECTIVE DATE.—This section takes : Provided further, That of the funds appro- the STAR program, and I thank Sen- effect on October 1, 2003. priated under title II of this Act, not less than $435,000,000 shall be made available for ators HOLLINGS and BYRD for helping AMENDMENT NO. 116, AS MODIFIED family planning/reproductive health me to secure the funding. (Purpose: Expressing the sense of the senate On page 347, line 7, strike ‘‘Secretary of The authorization for the STAR that the United States should use the au- State’’ and insert in lieu thereof: loans has expired and rather than let thorities of the Commodity Credit Cor- President the remaining money lapse, we should poration to provide additional inter- re-allocate it to help small businesses national food aid) AMENDMENT NO. 62, AS MODIFIED have access to regular 7(a) loans. Just At the appropriate place insert: On page 318, line 21 after ‘‘ethics:’’ insert Whereas there are immediate needs for ad- the following: as we took care of small businesses ditional food aid in the Sub-Saharan Africa Provided further, That not to exceed hurt by 9/11, it is time to turn our at- where more than 38 million people are at $200,000,000 of the funds appropriated under tention to those who need financing in risk of starvation; this heading in this Act may be made avail- this down economy when banks are re- Whereas there are serious shortfalls of food able for the costs, as defined in section 502 of stricting capital to small businesses. aid in other parts of the world, including Af- the Congressional Budget Act of 1974, of modifying direct loans and guarantees for Not only is the 7(a) loan program ghanistan a key nation in the war on terror, SBA’s largest lending program to small that have put millions at risk of starvation; Pakistan: Provided further, That not to ex- Whereas other potential emergencies in ceed $15,000,000 of the funds appropriated businesses, but it is also the single, Iraq, North Korea, and other regions could under this heading in Public Law 107–206, the largest source of long-term capital place millions more at risk of starvation; Supplemental Appropriations Act for Fur- available to small businesses in this Whereas prices have increased by 30 per- ther Recovery From and Response To Ter- country. As banks have cut back on cent over the course of the past year for cer- rorist Attacks on the United States, FY 2002, lending to small businesses, demand for tain staple commodities; may be made available for the costs, as de- SBA’s loan programs have grown by Whereas additional food aid helps build fined in section 502 of the Congressional Budget Act of 1974, of modifying direct loans more than 16 percent, and this is one of goodwill towards the United States, is con- the few sources for working capital sistent with the National Security Strategy and guarantees for Jordan: loans. As I said a few minutes ago, by of the United States, dated September 17, AMENDMENT NO. 238 reprogramming this money, we will be 2002, and reduces the conditions that can (Purpose: To clarify the effect of the contribute to international terrorism; appropriation relating to election reform) able to leverage over a billion dollars Resolved, That it is the sense of the Senate in loans to small businesses, thereby Beginning on page 111, line 25, strike ‘‘: that: stimulating the economy and creating (1) the Secretary of Agriculture should im- Provided, That’’ and all that follows before the period on page 112, line 4. and preserving jobs. Further, transfer- mediately use the funds, facilities, and au- ring this money would be budget neu- thorities of the Commodity Credit Corpora- AMENDMENT NO. 129 tion to ensure that United States contribu- tral and has the support of OMB. (Purpose: To authorize the use of certain There is much at stake for small tions for international humanitarian food as- funds previously appropriated to the Small sistance for each fiscal year 2003 through 2007 Business Administration for loan guar- businesses in all of our States. In my shall be no less than the previous five year antee subsidies under section 7(a) of the home State of Massachusetts, if we im- average beginning on the date of enactment Small Business Act) plement the President’s budget as re- of this Act. At the appropriate place, insert the fol- quested, small businesses stand to lose (2) The President should immediately sub- lowing: $121 million in loan dollars and almost mit an emergency supplemental request to SEC. ll. USE OF EMERGENCY FUNDS FOR 3,700 jobs. As a nation, we would lose meet any additional shortfalls in fiscal year SMALL BUSINESS LOANS. $6.2 billion in loans, which translates 2003 for food and to vulnerable populations The matter under the heading ‘‘BUSINESS living in sub-Saharan Africa that are not into 189,000 jobs either lost or not cre- LOANS PROGRAM ACCOUNT’’ in chapter 2 of di- met by actions undertaken in paragraph (1) ated. In this economy, we can not af- vision B of the Department of Defense and ford to lose any more jobs or hinder job or by any other provision in this Act. Emergency Supplemental Appropriations for AMENDMENT NO. 226, AS MODIFIED Recovery from and Response to Terrorist At- creation. (Purpose: To provide funding for Grants for tacks on the United States Act, 2002 (Public This amendment was part of a more Youth Organizations Program) Law 107–117) is amended by striking ‘‘For comprehensive proposal that Senator Strike the text of the amendment and in- emergency expenses’’ and inserting the fol- BOND and I put forth last Congress. One sert the following: lowing: ‘‘For loan guarantee subsidies under part was to use more accurate data and On page 17, line 5, after ‘‘tuition shall re- section 7(a) of the Small Business Act (15 a more predictive cost model, and the ceive no less than $1,000,000;’’ insert the fol- U.S.C. 636(a)) or for emergency expenses’’. other was to transfer money from the lowing: ‘‘for grants to youth organizations AMENDMENT NO. 129 STAR program to the 7(a) loan pro- pursuant to 7 U.S.C. 7630, $3,000,000;’’ On page Mr. KERRY. Mr. President, today I gram. That legislation had the bipar- 16, line 1, strike ‘‘$284,218,000’’ and insert offer, on behalf of myself and Senators tisan support of then-Budget Com- ‘‘$281,218,000’’. SNOWE, LANDRIEU, LIEBERMAN, and mittee Chairman CONRAD, then-rank- AMENDMENT NO. 163, AS MODIFIED LEVIN, an amendment to H.J. Res. 2, ing Member DOMENICI and Senators (Purpose: To provide funding for bioenergy the fiscal year 2003 Omnibus Appropria- LANDRIEU, SNOWE, HARKIN, HOLLINGS program) tions resolution. The purpose of the and BYRD. It was approved by the Of- Strike the text of the amendment and in- amendment is to reverse severe budget fice of Management and Budget and sert the following: On page 75, strike lines 17–20 and insert the cuts to the SBA’s largest small busi- voted out of the Senate by unanimous following: ness lending program, commonly re- consent. Unfortunately, politics kept it SEC. 741. None of the funds appropriated or ferred to as the 7(a) loan program. As from passing the House. This Congress, made available by this Act may be used to part of the administration’s fiscal year our incoming Chair, Senator SNOWE,

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.171 S23PT2 S1436 CONGRESSIONAL RECORD — SENATE January 23, 2003 has quickly taken up where Senator second most used airport in the state, Mr. KOHL. While I understand the BOND left off, re-introducing last year’s providing a much needed training fiscal constraints we were facing dur- bill, now S. 141, to correct the pro- ground for new pilots and a landing ing this budget year, I believe that it is gram’s subsidy rate model. I thank her area for corporate jets that keeps them important that we continue to work to for her swift work and for joining me out of the Salt Lake City International find ways to increase the number of today in offering this amendment. I Airport traffic flow. low-income children who receive ask all my colleagues to vote in favor It is my understanding there are healthy meals over the summer. I be- of this amendment. 143,000 operations at this airport per lieve the expansion of the SFSP is an In closing, I want to thank Chair- year. I share the concern of Mayor excellent way to do that, and I look woman SNOWE, Senator BOND, Senator Lewis Billings and the citizens of forward to working with the chairman CONRAD, Senator DOMENICI, Congress- Provo that this type of airport traffic of the Agriculture Committee to make man MANZULLO, and Congresswoman with no control tower is very unsafe such an expansion permanent during VELAZQUEZ for their previous and con- and, in the past, has led to a crash and the reauthorization of the Child Nutri- tinued efforts in this fight for small a number of near misses. tion Act. businesses. In addition, I would like to Mr. SHELBY. I note for the Senator Mr. COCHRAN. Again, I thank the thank the countless small business from Utah that the Transportation Ap- senior Senator from Wisconsin, and I groups, from NAGGL and NADCO to propriations Subcommittee has al- appreciate his commitment to this im- the small business coalition lead by the ready allotted $666,000 for this project portant issue. I look forward to work- in the Fiscal Year 2003 appropriations U.S. Chamber of Commerce, which in- ing with him on this program during bill. the upcoming reauthorization of the cluded among many others, the Na- Mr. HATCH. I am very appreciative Child Nutrition Act. tional Black Chamber of Commerce, to the Senator from Alabama and the National Small Business United, and other Appropriations Committee mem- SECTION 32 the American Bankers Association, for bers for this, and I know it will be very Mr. LEAHY. Mr. President, I have their hard work and support with re- helpful to the effort. However, I under- two amendments at the desk that are gard to this matter. stand the House appropriation for this intended to address a critical shortage Mr. STEVENS. I move to reconsider same project currently stands at $1 in nutrition funding for schools, food the vote, and I move to lay that mo- million which would really help the banks and soup kitchens brought about tion on the table. city of Provo get this project under- by the Bush administration’s decision The motion to lay on the table was way. I am also very appreciative for to pay for Federal farm disaster assist- agreed to. the Appropriations Committee’s vigi- ance using funds available to the Sec- AMENDMENT NO. 226, AS MODIFIED lance in keeping the budget to an abso- retary of Agriculture under Section 32 Mr. KOHL. Mr. President, the 2002 lute minimum and restraining super- of the Act of August 24, 1935. farm bill authorized the Grants for fluous spending. I only ask that the Since 1935, the so-called Section 32 Youth Program, an initiative to de- good Senator from Alabama try to program has provided the means for velop pilot programs and expand out- work in conference to recede to the the Secretary of Agriculture to assist reach to youth in rural communities House number. farmers and ranchers by purchasing and small towns across the Nation. The Mr. SHELBY. I thank my colleague surplus commodities, which are then Girl Scouts of the USA, Boy Scouts of for making me aware of his interest in used to help poor Americans by pro- America, National FFA Organization, this project. I know you recognize that viding emergency food assistance to and National 4–H Council will be key we have a great many requests for those in need. It creates a ‘‘win-win’’ players in this initiative. The original funding, and we are working hard to situation allowing us to help our farm- Senate version of the fiscal year 2003 provide the appropriate levels for each ers while feeding the hungry. Agriculture appropriations bill in- one within budget constraints. I will be Section 32 is the primary source of cluded $6 million in funding for this mindful of the Senator’s interest in federal funding for purchases of food new program. That funding was re- this project during conference delibera- distributed to the needy through moved in the version before us. tions with the House. schools, state and tribal governments, I am offering an amendment to re- SUMMER FOOD SERVICE PROGRAM food banks, soup kitchens, and other store $3 million in funding for the Mr. KOHL. Mr. President, I have long charitable institutions. Last year, Grants for Youth program. This pro- supported programs important to im- USDA surplus food donations to the gram will be funded through the USDA proving the lives of children and, last needy through Section 32 totaled more Extension Service. In view of enhanced year, I had included in the fiscal year than $250 million. And the President’s need for funds for education and other 2003 Agriculture appropriations bill a budget for 2003 called for $215 million in Federal initiatives for our children, we provision to expand an ongoing pilot Section 32 surplus food donations this should also support private efforts to related to the USDA Summer Food fiscal year. bring programs like Girl scouts, Boy Services Program. This increase would On October 10 of last year, Senator Scouts, 4–H and Future Farmers of have expanded to all 50 States a suc- TOM HARKIN and I wrote to Secretary America to our underserved rural cessful 13-State pilot program to of Agriculture Ann Veneman seeking youth. It would be a mistake to keep streamline the process of setting up a assurances that federal funding for these marvelous—and proven—youth summer feeding site. A report released these programs would not be dimin- programs from expanding to our rural last summer by the Food Research and ished this fiscal year due to the Bush areas. Action Center found that the 13 pilot Administration’s use of Section 32 to PROVO AIRPORT CONTROL TOWER FUNDING States increased their participation in pay for the Livestock Compensation Mr. HATCH. Mr. President, will the the SFSP by 8.9 percent between July Program. We were concerned that this distinguished chairman of the Trans- 2000 and July 2001. Participation in the maneuver—taking some $752 million portation Subcommittee, my good rest of the Nation decreased by ap- out of Section 32—would constrain the friend, the Senator from Alabama, proximately 3.3 percent during the Secretary’s ability to provide the need- yield for a question? same time period. ed and historic levels of funding for Mr. SHELBY. I will be glad to. Mr. COCHRAN. I appreciate the ef- federal emergency food assistance pro- Mr. HATCH. My office was recently forts of my friend from Wisconsin. I grams. visited by the mayor of Provo, in my agree that the Summer Food Service The Secretary never responded to our home State of Utah. He reiterated to Program is important for several rea- letter, but White House and USDA offi- me the importance of erecting a con- sons. Not only does it provide children cials met with hunger program advo- trol tower to handle an unusually large with a healthy meal, but many of the cates and assured them there would volume of air traffic coming into and approved sites that administer the not be cuts in federal emergency food out of the airport. SFSP also provide educational and rec- assistance. Senator HARKIN and I found My colleagues may not be aware of reational opportunities that foster this quite remarkable, because it ap- this, but Provo’s airport currently does learning throughout the summer peared evident from the beginning that not have a tower—even though it is the months while parents are working. the Bush Administration had over-

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.176 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1437 committed its Section 32 funds. Ac- children and their parents. Thirty-two program to provide emergency aid to cording to the President’s own budget percent of the adults requesting food livestock producers. figures, it was clear that Section 32 assistance were employed. Of those On two separate occasions last year, funds would be depleted once the Live- people seeking emergency food relief, the Senate passed provisions on strong- stock Compensation Program (LCP) more than one-third (36 percent) had to ly bipartisan votes to provide disaster was implemented and that was before a choose between buying food or paying assistance for our Nation’s farmers and $185 million cost over-run was reported for housing. Many seniors have to ranchers. Rather than acknowledging by USDA in early December, bringing choose between purchasing food or pur- the need for this emergency disaster the cost of the LCP program to $937 chasing prescription drugs. For many assistance legislation, the Administra- million. Americans, wages and pensions have tion devised a program of limited help According to the President’s budget simply not risen enough in the last to livestock producers and thereby put submissions and information provided years to cover the increased cost of liv- in jeopardy Federal assistance for the by USDA, an estimated $5.9 billion in ing, and food has become unaffordable. school lunch and other domestic nutri- funding will be available for Section 32 These cuts couldn’t have come at a tion and hunger relief programs this during fiscal year 2003. This includes worse time. With the weak economy fiscal year and possibly next. approximately $5.8 billion in new ap- and increased joblessness, demand for The Administration funded the Live- propriations and approximately $92 emergency food assistance is rising. A stock Compensation Program through million in carryover funds. Taking the recent survey by U.S. Conference of the use of Section 32 funds. Section 32 original estimate of $752 million out of Mayors found that during the past year provides funds for school lunch and Section 32 to fund the Livestock Com- requests for emergency food assistance other domestic nutrition and hunger pensation Program leaves only $5.148 in our nation’s cities increased by an relief programs. Further, through Sec- billion to meet the Department’s other average of 17 percent-the sharpest in- tion 32 purchases of surplus commod- obligations under Section 32. That crease in 10 years—with 83 percent of ities—such as fruits, vegetables and amount is not enough to fully-fund the the cities registering an increase. portk—USDA is able to support pro- child nutrition programs and meet the Now is not the time to reduce federal ducers and provide food to child nutri- Department’s other obligations under emergency food assistance funding. tion programs, soup kitchens and food Section 32. Now is the time to increase federal banks, and Indian reservations. In fiscal year 2003, to meet require- emergency food donations, not de- When the LCP was announced, the ments of the Richard B. Russell School crease them. Administration estimated the program Lunch Act $4.746 billion was scheduled In his amendment, Senator COCHRAN would use $752 million from Section 32. to be transferred from Section 32 di- provided an additional $250 million for However, due to the ‘‘open ended’’ na- rectly into the child nutrition pro- surplus commodity purchases, largely ture of the LCP and an under-estimate grams’ cash account and $400 million addressing this year’s shortfall. If of its projected cost, as of December 3 was budgeted to purchase commodities these funds are fully utilized to provide the program had drained an additional for the child nutrition programs. In ad- emergency food assistance this fiscal $185 million—for a total of $937 mil- dition, $75 million was budgeted to be year, then I would agree that at least lion—from Section 32. Even at the $752 transferred to the Commerce Depart- this year’s problem has been ade- million level, it was apparent that the ment for fisheries activities; and $25 quately addressed. However, I am con- Administration had over-committed million is needed for Agriculture Mar- cerned that the Administration might the resources of the Section 32 account keting Service administrative ex- elect not to use these funds this year. by several hundred million dollars. penses. These expenditures alone ex- And so I ask Senator COCHRAN and Use of such a large amount of Sec- ceed the level of funding available in Senator KOHL whether they will enter- tion 32 funds diverted resources away Section 32 after the LCP program is tain a question regarding the intended from other agricultural producers who implemented, leaving no funding food use of these funds. benefit from use of Section 32 for the banks, soup kitchens and the like. Is it the Senators’ intention and un- traditional purpose of removing sur- I understand that the Administration derstanding that the $250 million made pluses from the market. The shortfall has since shifted monies among various available in the Cochran amendment in Section 32 funds also jeopardizes accounts, and was able to alleviate for the Section 32 program be used to child nutrition programs that depend some of the pressure on Section 32 by provide emergency food assistance to on bonus commodities as well as The tapping the Commodity Credit Cor- those in need this fiscal year? Emergency Food Assistance Program poration to pay for a portion of the Mr. COCHRAN. As the language in which relies on surplus commodities to commodity purchases for the School section 205 of my amendment that was supply soup kitchens and food banks Lunch Program. This allowed USDA to adopted by the Senate yesterday and the Food Distribution Program on come closer to balancing its books and states, these funds would only be avail- Indian Reservations. freed up some money for emergency able for surplus removals and would re- As a result of the current economic food assistance, but a gap still remains. store funds in the Section 32 account downturn, State, local and private con- In a December 3 letter to the Chair- that were used for other purposes this tributions to food banks and other man and Ranking Member of the Sen- fiscal year. emergency nutrition facilities are de- ate Appropriations Subcommittee on Mr. KOHL. That is my under- clining while demand for emergency Agriculture, Nutrition, and Forestry, standing. I share your concern that the food assistance is on the rise. In fact, a Secretary Veneman acknowledged that Administration might elect not make recent U.S. Conference of Mayors re- even after shifting funds among var- these purchases, and it would be my port shows that the need for emergency ious accounts, USDA would be able to hope that the House and Senate con- food assistance has increased by a donate no more than $125 million worth ferees agree on language ensuring that sharp 19 percent this year. Pulling of surplus commodities to food banks, these purchases are made this fiscal back on the Federal commitment to soup kitchens, etc. this year. year. domestic food assistance programs run That is half of last year’s level and Mr. COCHRAN. I will be glad to work by faith-based and other institutions at roughly $90 million less than budgeted with the Senator from Wisconsin and this time would be unjustified and irre- for by the President. the Senator from Vermont to address sponsible. It is a sad fact that this food is sorely their concerns during the Conference. I therefore commend Senator COCH- needed. According to USDA, in 2002 Mr. LEAHY. I thank the Senators for RAN for including an additional $250 more than 33.6 million Americans were their assurances. In light of this, I will million in Section 32 funds in his dis- food insecure—at risk of hunger. Near- withdraw my amendments. aster assistance amendment. If used ly 25 million of them turned to char- ∑ Mr. HARKIN. I would like to asso- carefully, this amount should be suffi- ities that operate food banks or soup ciate myself with the remarks of Sen- cient, although a larger amount would kitchens for food. Sixty-two percent of ator LEAHY regarding the restoration have been justified. It is essential that the people requesting emergency food of Section 32 funds that were depleted Senate and House conferees protect the assistance were members of families— to finance the Administration’s ad-hoc intended use of these funds. I join my

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.159 S23PT2 S1438 CONGRESSIONAL RECORD — SENATE January 23, 2003 colleague, Senator LEAHY, in request- Haven and Vinalhaven quality for the waiting for the papers, and on the ing that the Administration be di- High Energy Cost Program, this could other we are waiting for clearance. One rected to use these funds for surplus re- provide much needed assistance to the is amendment No. 207; the other is movals and restoration of funds in the citizens who pay an extraordiarily high amendment No. 143. It is my under- Section 32 account that were diverted rate for their electric utilities. Any standing we worked out language so to other purposes this fiscal year.∑ consideration that the distinguished that these two are acceptable, but I do THE IMPORTANCE OF ASSISTING FOX ISLANDS chairman and ranking member can pro- not have the language yet. We should ELECTRIC COOPERATIVE IN PROVIDING AF- vide is much appreciated. have it momentarily. FORDABLE AND RELIABLE ELECTRICITY TO Ms. COLLINS. I join the distin- Mr. STEVENS. The Senator is cor- THE RESIDENTS OF NORTH HAVEN AND guished senior Senator from Maine in rect, but we do not have the modifica- VINALHAVEN asking the distinguished chairman and tions yet at the desk. Ms. SNOWE. Mr. President, I rise distinguished ranking member to give Mr. REID. I ask if the four Senators today to engage in a colloquy with the this unique situation consideration in can speak after the vote. The reason I distinguished junior Senator from conference. While many Americans say that is the ranking member of the Maine, the distinguished junior Sen- have experienced the inconvenience of Foreign Relations Committee and the ator from Maine, the distinguished a temporary blackout or brownout, fre- former chairman of the Intelligence ranking member of the Agriculture Ap- quent power outages and high energy Committee and present chairman of propriations Subcommittee. As the prices for the citizens of North Haven the Banking Committee are scheduled chairman and ranking member are and Vinalhaven have imposed signifi- to leave on a plane immediately. They aware, the U.S. Department of Agri- cant financial burden and uncertainty both have very important speeches to culture’s Rural Utilities Service ad- on the community. give. If they do not leave quickly, the ministers the electric programs that The placement of the cables on the speeches will not be given. provide funding and support services sea floor, in combination with their old I am wondering if it is possible to do for utilities that serve rural commu- age, means that the lines are suscep- those speeches after third reading, but nities in order to assist in modernizing tible to damage from rough seas and that does not work because we have local infrastructure. I ask the chair- fishing activity. Blackouts resulting amendment No. 143 and amendment man and ranking members to give con- from a severed or damaged cable not No. 207 still awaiting action. Mr. STEVENS. I inquire of the Sen- sideration to the extraordinary elec- only incapacitate local businesses, but ators mentioned if those four Senators tricity costs faced by the island com- also disable the Water Districts, ham- will be willing to speak after final pas- munities of North Haven and pering their ability to maintain adequate water supplies to the towns’ resi- sage. Vinalhaven, and work to have the I ask unanimous consent that Sen- dents. Rural Utilities Service assist Fox Is- ators KYL, MCCAIN, DAYTON, and lands Electric Cooperative in providing Due to the complex nature of working underwater, repairing the undersea STABENOW each have their time after reliable and affordable electricity to final passage and that Senator COLE- these communities. cables is both expensive and time con- suming. Fox Islands Electric Coopera- MAN be added for 5 minutes. The 1,770 households in North Haven Mr. REID. Senator STABENOW has a tive currently carries $2.7 million in and Vinalhaven obtain electricity from sense-of-the-Senate amendment that debt owed to the Rural Utilities Serv- four undersea electric cables that run has to be part of the package, so I ask ice and estimates that replacement of twelve miles to the mainland. These that she be allowed to do hers right the submarine cables will cost $7 mil- cables, which are maintained by Fox now. lion dollars. While the islands’ elec- Island Electric Cooperative and serve Mr. STEVENS. Senator STABENOW as the islands’ only source of electricity costs have always been above may proceed now. tricity, were originally installed back average due to its remoteness and Mr. REID. Five minutes is what she in 1978 and have now reached the end of small population, frequent disruptions has agreed to. their manufacturing life expectancy. and repairs have raised electric rates Mr. STEVENS. Mr. President, Sen- Over the past five years the cables have even further for the citizens of North ator STABENOW seeks 5 minutes on a been failing with ever-increasing fre- Haven and Vinalhaven. As the distin- matter of the sense of the Senate re- quency and since February, electric guished chairmen and distinguished garding instructions to conferees. service has been interrupted four ranking member continue their work Mr. REID. It has been cleared on times. on the fiscal year 2003 Omnibus Appro- both sides. I have been in touch with the Fox Is- priations bill in conference, I would Mr. STEVENS. I ask unanimous con- lands Electric Cooperative and the greatly appreciate consideration that sent that the Senator be recognized for communities of Vinalhaven and North may be given to Fox Islands Electric 5 minutes at this time and I regain Haven about this situation, and it has Cooperative. control of the floor after that. Mr. COCHRAN. I thank the distin- become clear that the escalating na- The PRESIDING OFFICER. Is there guished Senators from Maine, and I ture of this problem deserves atten- objection? will be happy to work with them in Does the Senator from Minnesota ob- tion. With that said, Fox Islands Elec- conference on this important electric ject? tric Cooperative is confronted with the project, which will provide affordable Mr. DAYTON. May I inquire, I was difficult decision of taking on signifi- and reliable electricity to the islands. not clear on the sequence. Will we have cant debt to replace the submarine ca- Mr. KOHL. I look forward to the op- the opportunity to make our remarks bles or continue operating the portunity to work with the distin- before the vote on final passage? outmodeled transmission system. Un- guished Senators from Maine on this Mr. STEVENS. The request is that fortunately, both alternatives will con- important project to provide a reliable the other Senators speak after final tinue to impose high electric costs on and affordable source of electricity to passage. Two Senators have a plane to the townspeople. Each household on these communities, and I will work catch to go on a very important mis- the island currently pay 15.5 cent per with Senator COCHRAN in conference to sion for the Senate and they need to kilowatt hour, a rate almost triple the remedy this problem. leave. national average. Without assistance Mr. STEVENS. Mr. President, I ask Mr. DAYTON. I object. in replacing these cables electricity unanimous consent that when we reach The PRESIDING OFFICER. The ob- rates would rise to 23 cents per kilo- third reading, Senators KYL, MCCAIN, jection is heard. watt hour. DAYTON, and STABENOW be recognized The Senator from Michigan. As the chairman and ranking mem- for 5 minutes. AMENDMENT NO. 248 ber are aware, the fiscal year 2003 Om- Mr. REID. Reserving the right to ob- Ms. STABENOW. Mr. President, I nibus Appropriations bill provides $30 ject. send an amendment to the desk, and I million for the Rural Utilities High En- The PRESIDING OFFICER. The Sen- ask unanimous consent that it be con- ergy Cost Project to assist commu- ator from Nevada. sidered in lieu of my motion to in- nities with extremely high energy Mr. REID. Mr. President, there are struct the conferees that is already at costs. If the communities of North still two amendments. On one we are the desk.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.189 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1439 The PRESIDING OFFICER. Is there bill, S. 105, that I introduced at the be- (1) INTERNATIONAL REFUGE.—The term objection? Without objection, it is so ginning of the year that proposed a full ‘‘International Refuge’’ means the Detroit ordered. repeal into the final version of this River International Wildlife Refuge estab- The clerk will report. lished by section 5(a) of the Detroit River Omnibus Act. I also thank the cospon- International Wildlife Refuge Establishment The legislative clerk read as follows: sors of my bill. Act (16 U.S.C. 668dd note; 115 Stat. 894). The Senator from Michigan [Ms. Most importantly, though, I thank (2) REFUGE COMPLEX.—The term ‘‘Refuge STABENOW] proposes an amendment num- the families of children with autism for Complex’’ means the Ottawa National Wild- bered 248. working so hard to repeal the special life Refuge Complex and the lands and wa- Ms. STABENOW. Mr. President, I ask interest provisions. They are the ones ters in the complex, as described in the docu- unanimous consent that the reading of who have been successful in this effort, ment entitled ‘‘The Comprehensive Con- and I congratulate them. I joined them servation Plan for the Ottawa National Wild- the amendment be dispensed with. life Refuge Complex’’ and dated September The PRESIDING OFFICER. Without in a capital rally a few weeks ago 22, 2000, including— objection, it is so ordered. where we praised them for their cour- (A) the Ottawa National Wildlife Refuge, The amendment is as follows: age, hard work, and commitment. They established by the Secretary in accordance AMENDMENT NO. 248 traveled of their own accord and paid with the Migratory Bird Conservation Act (Purpose: To express the sense of the Senate their own costs, which is very difficult (16 U.S.C. 715 et seq.); that the conferees on the part of the Sen- and burdensome for a family of a spe- (B) the West Sister Island National Wild- ate for H.J. Res. 2 should insist that cer- cial needs child. They came to Wash- life Refuge established by Executive Order tain amendments to the Homeland Secu- ington, DC, to fight to repeal this pro- No. 7937, dated August 2, 1937; and (C) the Cedar Point National Wildlife Ref- rity Act of 2002 be included in the con- vision. ference report) uge established by the Secretary in accord- I promised those parents I would ance with the Migratory Bird Conservation SEC. . SENSE OF THE SENATE. fight to remove it and that we would Act (16 U.S.C. 715 et seq.). It is the sense of the Senate that the con- fight that it be repealed in total in con- (3) SECRETARY.—The term ‘‘Secretary’’ ferees on the part of the Senate on the dis- ference and signed by the President. So means the Secretary of the Interior. agreeing votes of the two Houses on this I thank my colleagues who have been (4) WESTERN BASIN.— joint resolution should insist that the com- (A) IN GENERAL.—The term ‘‘western mittee of conference ensure that the joint involved in this issue, and I ask that they join in keeping the promise to basin’’ means the western basin of Lake resolution as reported from the committee Erie, consisting of the land and water in the includes section 102 of division I, relating to these very special families by sup- watersheds of Lake Erie extending from the Homeland Security Act of 2002 Amendments, porting my amendment. watershed of the Lower Detroit River in the as passed by the Senate, (relating to amend- I yield the floor. State of Michigan to and including Sandusky ments to sections 1714 through 1717 of the The PRESIDING OFFICER. The Sen- Bay and the watershed of Sandusky Bay in Homeland Security Act of 2002 (Public Law ator from Alaska. the State of Ohio. 107–296)). Mr. STEVENS. Mr. President, this (B) INCLUSION.—The term ‘western basin’ Ms. STABENOW. Mr. President, as I amendment is a sense-of-the-Senate includes the Bass Island archipelago in the indicated, my amendment is a sense of resolution concerning instruction to State of Ohio. the Senate that insists that the con- conferees, and I am pleased to consider SEC. ll03. EXPANSION OF BOUNDARIES. ference report for the Omnibus Appro- (a) REFUGE COMPLEX BOUNDARIES.— the Senator’s suggestion. I ask that the (1) EXPANSION.—The boundaries of the Ref- priations Act retain the Senate provi- sense-of-the-Senate amendment be sions that repeal the special interest uge Complex are expanded to include land agreed to. and water in the State of Ohio from the east- vaccine component provisions that The PRESIDING OFFICER. Without ern boundary of Maumee Bay State Park to were originally included in the Home- objection, it is so ordered. The amend- the eastern boundary of the Darby Unit (in- land Security Act. ment is agreed to. cluding the Bass Island archipelago), as de- The purpose of this amendment is to The amendment (No. 248) was agreed picted on the map entitled ‘‘Ottawa National send a very strong message to the Sen- Wildlife Refuge Complex Expansion and De- to. troit River International Wildlife Refuge Ex- ate conferees who will represent our in- AMENDMENTS NOS. 207 AND 143, AS MODIFIED pansion Act’’ and dated September 6, 2002. terests in the conference, and to the Mr. STEVENS. Mr. President, there House, that we stand firmly behind the (2) AVAILABILITY OF MAP.—The map re- are two remaining amendments. No. ferred to in paragraph (1) shall be available repeal of the vaccine component provi- 207 is at the desk as well as No. 143, as for inspection in appropriate offices of the sions that were contained in last year’s modified. This is the modification for United States Fish and Wildlife Service. Homeland Security Act. We need a No. 143. I send it to the desk. (b) BOUNDARY REVISIONS.—The Secretary strong show of support in favor of this The PRESIDING OFFICER. Is there may make such revisions of the boundaries amendment to demonstrate our com- of the Refuge Complex as the Secretary de- objection to modifying the amend- termines to be appropriate— mitment to public interest over special ment? Without objection, it is so or- interests. We also need to ensure that (1) to facilitate the acquisition of property dered. The amendment is modified. within the Refuge Complex; or the conference report of this bill main- Mr. STEVENS. I ask that the amend- (2) to carry out this title. tains a full repeal of that language. ments be adopted en bloc. (c) ACQUISITION.— Anything less is absolutely unaccept- Mr. REID. No objection. (1) IN GENERAL.—Subject to paragraph (2), able. The PRESIDING OFFICER. Without the Secretary may acquire by donation, pur- Last November, Speaker HASTERT chase with donated or appropriated funds, or objection, it is so ordered. The amend- exchange the land and water, and interests and Representative DELAY gave only ments are agreed to. vague assurances they would strike the in land and water (including conservation The amendments were agreed to, as easements), within the boundaries of the special interest provisions from the follows: Refuge Complex. Homeland Security Act, and since then AMENDMENT NO. 207 (2) CONSENT.—No land, water, or interest in I have seen signs that their commit- land or water described in paragraph (1) may (Purpose: To expand the boundaries of the ment to this process may have contin- be acquired by the Secretary without the Ottawa National Wildlife Refuge Complex consent of the owner of the land, water, or ued to slip, and we certainly do not and the Detroit River International Wild- interest. wish that to happen after the hard life Refuge) work of putting this language into the (d) TRANSFERS FROM OTHER AGENCIES.—Ad- On page 547, between lines 4 and 5, insert ministrative jurisdiction over any Federal bill. the following: property that is located within the bound- Again, we need to send a very strong TITLE ll—OTTAWA NATIONAL WILDLIFE aries of the Refuge Complex and under the message to all the Members of the REFUGE COMPLEX administrative jurisdiction of an agency of House and the Senate that we must the United States other than the Depart- SEC. ll01. SHORT TITLE. have full repeal of this special interest ment of the Interior may, with the concur- This title may be cited as the ‘‘Ottawa Na- rence of the head of the administering agen- provision, commonly referred to as the tional Wildlife Refuge Complex Expansion ‘‘thimerosal provision.’’ cy, be transferred without consideration to and Detroit River International Wildlife Ref- the Secretary for the purpose of this title. I thank my colleagues Senators uge Expansion Act’’. (e) STUDY OF ASSOCIATED AREA.— SNOWE, COLLINS, and CHAFEE, who SEC. ll02. DEFINITIONS. (1) IN GENERAL.—The Secretary, acting worked to incorporate the spirit of the In this title: through the Director of the United States

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.143 S23PT2 S1440 CONGRESSIONAL RECORD — SENATE January 23, 2003 Fish and Wildlife Service, shall conduct a mission) and State governments and tribal tribution of Class I products within the Ari- study of fish and wildlife habitat and aquatic governments in the Great Lakes basin; and zona-Las Vegas marketing area or the Pa- and terrestrial communities in and around (B) include the goals of cooperating to pro- cific Northwest Marketing area of any han- the 2 dredge spoil disposal sites that are— tect and restore the chemical, physical, and dler’s own farm production exceeds the lesser (A) referred to by the Toledo-Lucas County biological integrity of the Great Lakes basin of— Port Authority as ‘‘Port Authority Facility ecosystem. ‘‘(i) 3 percent of the total quantity of Class Number Three’’ and ‘‘Grassy Island’’, respec- (c) PRIORITY USES.—In providing opportu- I products distributed in the Arizona-Las tively; and nities for compatible fish- and wildlife-de- Vegas marketing area (Order No. 131); or the (B) located within Toledo Harbor near the pendent recreation, the Secretary, in accord- Pacific Northwest Marketing area (Order No. mouth of the Maumee River. ance with paragraphs (3) and (4) of section 124); or (2) REPORT.—Not later than 18 months 4(a) of the National Wildlife Refuge System ‘‘(ii) 5,000,000 pounds.’’. after the date of enactment of this Act, the Administration Act of 1966 (16 U.S.C. (c) EXCLUSION OF CLARK COUNTY, NEVADA Secretary shall— 668dd(a)), shall ensure, to the maximum ex- FROM FEDERAL MILK MARKETING ORDERS.— (A) complete the study under paragraph tent practicable, that hunting, trapping, (1) IN GENERAL.—Section 8c(11)(C) the Agri- (1); and fishing, wildlife observation and photog- cultural Adjustment Act (7 U.S.C. (B) submit to Congress a report on the re- raphy, and environmental education and in- 608c(11)(C)), reenacted with amendments by sults of the study. terpretation are the priority public uses of the Agricultural Marketing Agreement Act SEC. ll04. EXPANSION OF INTERNATIONAL REF- the Refuge Complex. of 1937, is amended by striking the last sen- UGE BOUNDARIES. (d) COOPERATIVE AGREEMENTS REGARDING tence and inserting the following: ‘‘In the The southern boundary of the Inter- NON-FEDERAL LAND.—To promote public case of milk and its products, Clark County, national Refuge is extended south to include awareness of the resources of the western Nevada shall not be within a marketing area additional land and water in the State of basin and encourage public participation in defined in any order issued under this sec- Michigan located east of Interstate Route 75, the conservation of those resources, the Sec- tion.’’. extending from the southern boundary of retary may enter into cooperative agree- (2) INFORMAL RULEMAKING.—The Secretary Sterling State Park to the Ohio State bound- ments with the State of Ohio or Michigan, of Agriculture may modify an order issued ary, as depicted on the map referred to in any political subdivision of the State, or any under section 8c of the Agricultural Adjust- section ll03(a)(1). person for the management, in a manner ment Act (7 U.S.C. 608c), reenacted with SEC. ll05. ADMINISTRATION. consistent with this title, of land that— amendments by the Agricultural Marketing (1) is owned by the State, political subdivi- Agreement Act of 1937, to implement the (a) REFUGE COMPLEX.— sion, or person; and amendment made by paragraph (1) by pro- (1) IN GENERAL.—The Secretary shall administer all federally owned land, water, and (2) is located within the boundaries of the mulgating regulations, without regard to interests in land and water that are located Refuge Complex. sections 556 and 557 of title 5, United States (e) USE OF EXISTING GREENWAY AUTHOR- within the boundaries of the Refuge Complex Code. ITY.—The Secretary shall encourage the in accordance with— Mr. REID. Mr. President, I move to State of Ohio to use authority under the rec- (A) the National Wildlife Refuge System reconsider the vote. reational trails program under section 206 of Administration Act of 1966 (16 U.S.C. 668dd et Mr. STEVENS. I move to lay that title 23, United States Code, to provide fund- seq.); and motion on the table. ing for acquisition and development of trails (B) this title. The motion on to lay on the table within the boundaries of the Refuge Com- (2) ADDITIONAL AUTHORITY.—The Secretary was agreed to. plex. may use such additional statutory authority Mr. BINGAMAN. Mr. President, I available to the Secretary for the conserva- SEC. ll06. AUTHORIZATION OF APPROPRIA- TIONS. would like to pose a question to my es- tion of fish and wildlife, and the provision of There are authorized to be appropriated teemed colleague from Montana. It is opportunities for fish- and wildlife-dependent such sums as are necessary— my understanding that the fiscal year recreation, as the Secretary determines to be (1) to acquire land and water within the 2003 Senate Appropriations Interior appropriate to carry out this title. Refuge Complex under section ll03(c); (b) ADDITIONAL PURPOSES.—In addition to Subcommittee report contains 4 mil- the purposes of the Refuge Complex under (2) to carry out the study under section lion dollars allocated for the Next Gen- other laws, regulations, executive orders, ll03(e); and eration Lighting Initiative. Is that cor- and comprehensive conservation plans, the (3) to develop, operate, and maintain the rect? Refuge Complex shall be managed— Refuge Complex. Mr. BURNS. You are correct Senator. (1) to strengthen and complement existing AMENDMENT NO. 143 Four million dollars is in the report for resource management, conservation, and (Purpose: To clarify the obligation of certain this purpose which originated from a education programs and activities at the producers and handlers of milk to Federal request to the Interior Appropriation Refuge Complex in a manner consistent with order pools, to apply minimum milk price the primary purposes of the Refuge Com- requirements to certain handlers of Class I Subcommittee in the form of a Dear plex— milk products in the Arizona-Las Vegas Colleague letter dated April 23, 2002, (A) to provide major resting, feeding, and marketing area under certain cir- initiated by both Senator DEWINE and wintering habitats for migratory birds and cumstances, and to exclude Nevada from yourself, which contains 22 bipartisan other wildlife; and Federal milk marketing orders) signatures. (B) to enhance national resource conserva- On page 80, between lines 3 and 4, insert Mr. DEWINE. Senator BINGAMAN, as tion and management in the western basin; the following: you know my state of Ohio is consid- (2) in partnership with nongovernmental (a) STUDY ON THE SALE OF MILK INTO CALI- ered the home to the lighting industry, and private organizations and private indi- FORNIA.—Within 90 days, the Secretary shall and from the start, I have been a viduals dedicated to habitat enhancement, to report to Congress on the economic impacts strong supporter of the Next Genera- conserve, enhance, and restore the native to California dairy farmers from handlers or aquatic and terrestrial community charac- processors of Class I milk products in the tion Lighting Initiative. I feel it is im- teristics of the western basin (including as- Las Vegas-Nevada-Arizona region selling portant that for the record, there is a sociated fish, wildlife, and plant species); milk or milk products into the California good understanding by the executive (3) to facilitate partnerships among the state order. branch on the legislative history of the United States Fish and Wildlife Service, Ca- (b) EXEMPTION OF MILK HANDLERS FROM Next Generation Lighting Initiative. nadian national and provincial authorities, MINIMUM PRICE REQUIREMENTS.—Section Would you please be so kind as to share State and local governments, local commu- 8c(5) of the Agricultural Adjustment Act (7 with us its history? nities in the United States and Canada, con- U.S.C. 608c(5)), reenacted with amendments Mr. BINGAMAN. I would be glad to. servation organizations, and other non-Fed- by the Agricultural Marketing Agreement eral entities to promote public awareness of Act of 1937 (as amended by subsection (a)), is The Next Generation Lighting Initia- the resources of the western basin; and amended by adding at the end the following: tive was first introduced as S. 166 in (4) to advance the collective goals and pri- ‘‘(N) EXEMPTION OF MILK HANDLERS FROM the 107th Congress. It was then in- orities that— MINIMUM PRICE REQUIREMENTS.—Notwith- cluded in H.R. 4, the Comprehensive (A) were established in the report entitled standing any other provision of this sub- Energy Bill, as amended by the Senate, ‘‘Great Lakes Strategy 2002—A Plan for the section, prior to January 1, 2005 no handler which then went into conference with New Millennium’’, developed by the United with distribution of Class I milk products in the House. Unfortunately, the energy States Policy Committee, comprised of Fed- the Arizona-Las Vegas marketing area bill failed in conference, but the Next eral agencies (including the United States (Order No. 131) or Pacific Northwest Mar- Fish and Wildlife Service, the National Oce- keting Order (Order No. 124) shall be exempt Generation Lighting Initiative, and anic and Atmospheric Administration, the during any month from any minimum milk nearly the entire R&D authorization United States Geological Survey, the Forest price requirement established by the Sec- title were conferenced with the House. Service, and the Great Lakes Fishery Com- retary under this subsection if the total dis- This agreed upon R&D authorization

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.188 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1441 title, with the Next Generation Light- serve important parts of its pristine extensions and intermediate pump sta- ing Initiative, is now found in H.R. 238, beauty is available through the pur- tions, using resources in the repair and as introduced by the House Science chase of scenic easements. Further, rehabilitation account or other appro- Committee in the 108th Congress. when the SNRA was established nearly priate funding sources. Mr. DEWINE. Senator BINGAMAN, did thirty years ago, a commitment was Mr. BENNETT. I thank the chair- we not introduce this conference lan- made to private property owners to se- man. guage as a bill this Congress? cure easements. ERGONOMICS REGULATION Mr. BINGAMAN. Yes, it is now S. 167. In the past, funding has been inad- Mr. GREGG. Mr. President, I would Mr. BURNS. My esteemed colleagues, equate to complete the easement pur- like to ask the chairman of the Labor, Senators BINGAMAN and DEWINE, I wish chases. However, in recent years, with HHS, Education Subcommittee of the to thank you both for sharing with me the support of the Chairman and Rank- Appropriations Committee, Senator the legislative history of the Next Gen- ing Member, we have been a renewed SPECTOR, to engage in a colloquy on eration Lighting Initiative, and I hope interest in completing the purchase of certain appropriations within his sub- this is of aid to the Department of En- relevant easements within the SNRA. committee’s jurisdiction. ergy as it manages this project. It will Idaho is grateful for the committee’s There is a $2 million appropriation be useful background to my sub- support in obtaining these easements. for the Department of Labor that indi- committee as it performs its oversight It is expected that $3 million in Fis- cates that the Secretary may use it if duties in the upcoming year. cal Year 2003 will fulfill the easement she decides to issue new ergonomic CLEAN WATER PARTNERSHIP FOR THE AMERICAS needs in the SNRA. Unfortunately, standards. It is my understanding that Mr. CHAFEE. Included within Senate funding for easements in the SNRA was the appropriation is not a mandate or a Report 107–219, and repeated in Chair- not included in the committee-passed direction to the Secretary to issue any such standard, but it is only available man STEVENS’ Overview and Summary bill. I recognize the subcommittee is in case there is a decision made to of his amendment to H.J. Res. 2, the operating under significant financial Omnibus Appropriations Bill, is report issue those standards. Is that correct? restraints and not all worthy projects Mr. SPECTER. I would report that language stating the Appropriations can be funded. Yet, it is my hope the the language does not require the Sec- Committee’s strong support for the Chairman and ranking member can re- retary of Labor to re-issue ergonomics Clean Water for the Americas Partner- visit their important project in the regulation, but simply make sure that ship. Does the Chairman of the Foreign conference. funding is available for work within Operations Subcommittee share my ex- Again, I am grateful the committee the $18 million recommended for safety pectation that the United States Agen- has previously responded to the oppor- and health standards activities of cy for International Development tunities to use land and water con- OSHA. (USAID) will fund the Clean Water for servation funds to acquire easements WILDLIFE MANAGEMENT the Americas Partnership at $10 mil- in the SNRA to protect the valuable Mr. WARNER. Mr. President, I would lion for fiscal year 2003? habitats and scenic values. Support for like to engage the distinguished man- Mr. MCCONNELL. It is my expecta- easements in the SNRA are locally- agers of the bill in a brief colloquy, and tion that it will be funded, and I expect driven, with wide-spread support and commend them, along with the distin- USAID to communicate with you and anxious willing-sellers. Completion of guished junior Senator from Montana, your office in a timely manner to dis- this project will address the concerns for providing substantial la mounts of cuss funding for this program. of private property owners and protect funding in recent years for wildlife Mr. LEAHY. Let me add that the sub- this wonderful resource for all Ameri- conservation efforts at the State level. committee would appreciate being in- cans to enjoy. As you know, United States laws and formed of these discussions. There are I would ask the Chairman and rank- policies place the primary responsi- millions of impoverished people in ing member if they would work with bility for implementing wildlife man- Latin America who lack access to me in conference to evaluate this re- agement programs in the hands of the clean, safe water, which is a cause of quest, with an eye toward inclusion in 50 States, but effective implementation chronic disease and environmental pol- the conference report. depends on Congress providing con- lution. The Senator from Rhode Is- Mr. BURNS. I appreciate Senator sistent and adequate funding to the land’s initiative, the Clean Water for CRAPO’s interest in the Sawtooth Na- States. For decades, such Federal fund- the Americas Partnership, could help tional Recreation Area. I understand ing has focused primarily on- and been address these problems, and I would this is an important issue to the Sen- largely responsible for- enormously hope that USAID would work with him ator and would be happy to work with successful programs ensuring conserva- and the Subcommittee to support it. him so that the acquisition of these tion and sustainable use of important SAWTOOTH NAT. RECREATION AREA easements will be considered in con- wildlife species hunted or fished by the Mr. CRAPO. Mr. President, would the ference. millions of sportsmen across America. distinguished Chairman of the Sub- Mr. BYRD. I too appreciate Senator At the same time, the population of committee yield for a colloquy regard- CRAPO’s devotion to the SNRA. I am many non-game species has fallen dra- ing Land and Water Conservation pleased we have been able to provide matically over the past thirty years Funds for Idaho? funding for this worthy project in the due in great measure to the lack of Mr. BURNS. I would be pleased to past and are near completion. focus of Federal resources on the con- yield to the Senator to discuss this im- I look forward to working with the servation of these species prior to their portant issue. Senator during the conference. decline. Mr. CRAPO. First allow me to com- Mr. CRAPO. I thank the Chairman The bottom line it that it is in the mend the Chairman and Ranking Mem- and Ranking Member. Federal interest to continue our part- ber of the Subcommittee for their lead- Mr. BENNETT. The chairman may be nership with the States and provide ership and hard work on this bill. The aware that drought in the west has adequate funding so we can maintain Committee has had to make difficult caused record low water levels in Lake the population of these non-game spe- decisions with scarce resources and Powell at Glen Canyon National Recre- cies of wildlife before they near endan- have worked hard to do so in a fair ation Area. Does the chairman agree gered status, which is far more costly manner. I appreciate Chairman BURNS that the National Park Service should to correct. and Ranking Member BYRD’s effort and use funds available in its repair and re- Funding for the Fish and Wildlife diligence. habilitation account to address the Service State and Tribal Wildlife Idaho is a state of spectacular nat- recreation infrastructure needs that Grants Program for Fiscal Year 2003 ural beauty and wildlife habitat. One have arisen because of these low water has fallen to dangerously low levels in jewel within the Gem State is the Saw- levels? the current bill. I ask the managers of tooth National Recreation Area, Mr. BURNS. I agree with the Senator the bill to give every consideration to SNRA. The SNRA is a national treas- that the service should make every ef- addressing this issue to the best of ure enjoyed by locals and visitors to fort to address these recreation infra- their ability when this important pro- Idaho alike. The opportunity to pre- structure needs, including boat ramp gram is considered in conference with

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.185 S23PT2 S1442 CONGRESSIONAL RECORD — SENATE January 23, 2003 the House of Representatives. I yield Towne Landing in their trail redevelop- achieved a consensus, an area that Sen- the floor to my distinguished colleague ment efforts? ator SMITH and I believe is important from Arkansas. Mr. BYRD. The Senator from South for establishing one early element of Mr. LINCOLN. Mr. President, I Carolina is correct. The Rivers and the hydrogen economy. strongly support the remarks of my Trails Program provides significant I am referring to fuel cells, and spe- friend from Virginia. The State and benefits to local governments and orga- cifically the Proton Exchange Mem- Tribal Wildlife Grants Program pro- nizations for river restoration, the brane, or P–E–M fuel cell. Is the Sen- vides States with the resources criti- preservation of open space, and the de- ator aware that this technology is cally needed for foresighted and cost velopment of trail and greenway net- being developed by American compa- effective wildlife conservation and res- works. Certainly, the staff’s technical nies for widespread applications, in- toration efforts. These funds will en- expertise in ecologically sensitive trail cluding homes and automobiles, but able the States to probatively plan and construction would be appropriate for that before it may be used broadly in implement their wildlife management the Charles Towne Landing project. these applications, the fuel cell must strategies for game and non-game spe- Mr. BURNS. I concur. The National be greatly improved and made afford- cies in cooperation with landowners to Park Service should give careful con- able? their mutual benefit. I, too, would ask sideration to the Charles Towne Land- Mr. REID. That is my understanding. the managers of the bill to give serious ing application as well as the others. Would you please explain further? consideration to significantly increase Mr. HOLLINGS. I thank the distin- Mr. SMITH. The Congress and the the funding for this critical program as guished Chairman and Ranking Mem- DOE have partnered with the U.S. fuel it is considered in conference. ber of the Subcommittee for their at- cell industry, beginning with the space Mr. BURNS. Mr. President, I thank tention to this matter and, again, ap- program and continuing today, to de- the distinguished Senators from Vir- preciate their support. velop and demonstrate fuel cells. Early ginia and Arkansas for their support of BYRNE GRANTS commercial fuel processors that gen- this important program to assist Mr. GRASSLEY. Senator STEVENS, I erate the hydrogen for fuel cells are States in implementing effective pro- would like to speak with you for a mo- being marketed tested by our indus- grams to ensure conservation and sus- ment about the recent vote on Senator trial partners, as are P–E–M fuel cell tainable use of game and non-game Harkin’s Byrne Grant Program amend- powerplants. They need to be improved species. As this program is considered ment. While I agree with you that it is and demonstrated in niche markets. in conference, I will give every consid- vitally important that this Omnibus Then their costs will reduce substan- eration to the request of the Senators Appropriations bill adheres to prin- tially. As this scenario plays out, as it from Virginia and Arkansas, and keep ciples of fiscal responsibility, I must has so many times with the introduc- their views in mind as we negotiate a stress that the continuation of the tion of revolutionary new technology final omnibus appropriations bill. Byrne Formula Grants is absolutely supported by the Federal Government, Mr. BYRD. Mr. president, I, too, critical to local law enforcement, espe- the very large residential and auto- thank the Senators from Virginia and cially in rural States like Iowa. I voted motive markets will adopt fuel cells. It Arkansas for raising this issue and for on the procedural motion to table the is then that America will achieve a sig- their strong support of State wildlife Harkin amendment, because of our nificant level of independence from conservation efforts, I will give every need for fiscal responsibility. However, overseas sources. Mr. REID. That is very helpful. Is it consideration to this request as we dis- I would not have done so, if you had possible that there will be near-term cuss this program during a conference not made a personal commitment to niche markets such as hospitals, air- with the House of Representatives. me that the funds for the Byrne For- Mr. HOLLINGS. Mr. President, I rise mula Grants would be fully restored in craft control centers, or other buildings that cannot tolerate power fail- today to thank chairman BURNS and conference. Because the availability of ure? Ranking Member BYRD for their sup- these funds makes such a difference to Mr. WYDEN. That is correct. How- port of the National Park Service Riv- Iowa, I want to once again get an as- ever, at the current pace of developers and Trails Conservation Assistance surance from you that when we take ment it will be at least a decade before Program. I see the Chairman’s Com- the final vote on this bill the full fund- fuel cell systems are available in any ing for the Byrne Grants will be in- mittee report has included language re- significant numbers for large markets. cluded in the bill. quiring the Park Service to give care- Meanwhile, Japan and the European Mr. STEVENS. Senator GRASSLEY, I ful consideration to applications for as- countries are investing more in fuel appreciate your concern about the sistance for the Ohio River Trail, the cell development than the U.S. is in- Byrne Grant Program. I agree with you Fanno Creek Greenway Trail and the vesting, and we are losing our leader- completely. I will commit to you that Tuscaloosa Nature Preserve and Hiking ship in this area. Japan’s investment when the conference report comes back Trail. I would like to also bring the last year alone was three times that of here for a final vote, we will have the trail redevelopment project at Charles the DOE. Bryne Formula Grants in there at the Towne Landing to your attention. Senator SMITH and I agree that U.S. Charles Towne Landing in Charles- House level of $500 million. I appreciate fuel cell companies are ready to dem- ton, SC, was the first successful Euro- your understanding and help on this onstrate P–E–M fuel cell powerplants pean/African settlement in South Caro- important matter. that will serve the niche markets, and lina between 1670 and 1680. It is one of HYDROGEN ECONOMY can accelerate the introduction of fuel four original settlement sites remain- Mr. WYDEN. Senator GORDON SMITH cells to markets in the near term and ing in the United States. In 1971, the and I would like to discuss an impor- the larger markets in the mid term. State of South Carolina designated the tant element of the Department of En- Would the Senator agree that there is site as a State Park comprised of 663 ergy’s Hydrogen Fuel Cells and Infra- an exciting opportunity here? acres, of which 196 acres are high structure Program. This program is Mr. REID. Yes, and what does the ground and 467 acres are salt marsh and preparing the country for the next en- Senator recommend be done? freshwater lagoons. Three trails make ergy revolution—what many refer to as Mr. WYDEN. We suggest that the up over 6 miles of paths which edge the ‘‘hydrogen economy.’’ It will estab- Congress approve $4 million for contin- freshwater lagoons and wetlands. When lish an energy infrastructure for Amer- ued development and validation of ad- these trails were originally constructed ica based on abundant and domesti- vanced P–E–M fuel cells and metal in 1970 no consideration was given to cally produced hydrogen, which will be membrane fuel purification tech- disability access, erosion control or ar- used to fuel our powerplants, our nologies in the Energy & Water appro- chaeological cultural resources. Today, homes, and our automobiles. The Sen- priations measure. the trails are in a serious state of dis- ator’s leadership, and that of the Con- Mr. REID. Do other funding commu- repair. Would the Chairman and Rank- gress as a whole, has strengthened the nities support an acceleration of these ing Member agree that the Rivers and program over the past few years. How- technologies? Trails Program is ideally suited to pro- ever, there is one area on which the Mr. SMITH. Yes. The Interior Appro- vide technical assistance to Charles House and Senate have not yet priations Conference, directed DOE to

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.181 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1443 provide the plan and rationale for in- May 1995 when the New Orleans metro- Mr. HATCH. I am very appreciative creasing the pace of fuel cell public-pri- politan area received more than 24 to the Senator from Alabama and the vate partnerships in the fiscal year 2002 inches of rainfall in less than 24 hours. other Appropriations Committee mem- report. This area is particularly vulnerable to bers for this and I know it will be very Mr. WYDEN. Senator SMITH and I ap- large rainfalls because the rainwater is helpful to the effort. However, I under- preciate the Senator’s consideration of trapped within the developed areas by stand the House appropriation for this our request. We thank him for the op- the levees at the edges of the Mis- same project currently stands at $1 portunity for this exchange, and his sissippi River which were built to pre- million which would really help the continued leadership for the advance- vent river flooding. City of Provo get this project under- ment of energy technologies important When complete, SELA will protect way. I am also very appreciative for to our Nation. approximately 30 percent of Louisi- the Appropriations Committee’s vigi- SOUTHEAST LOUISIANA FLOOD CONTROL ana’s population and 40 percent of Lou- lance in keeping the budget to an abso- PROJECT isiana’s economy. Furthermore, when lute minimum and restraining super- Ms. LANDREIU. Mr. President, I rise complete, its average annual flood con- fluous spending. I only ask that the to request a colloquy with my fellow trol benefits are estimated at $53.4 mil- good Senator from Alabama try to Senator from Louisiana and the Chair- lion. work in conference to recede to the man of Appropriations Committee, the Ms. LANDRIEU. Mr. President, the House number. distinguished Senator from Alaska, re- SELA flood control project is a smart Mr. SHELBY. I thank my colleague garding Amendment No. 225 to provide investment. By investing in these flood for making me aware of his interest in additional funding for the Southeast control projects, we could prevent the this project. I know you recognize that we have a great many requests for Louisiana Flood Control Project. expenditures of hundreds of millions of Mr. BREAUX. Mr. President, the dollars that will otherwise be spent in funding and we are working hard to Southeast Louisiana Flood Control Federal flood insurance claims and provide the appropriate levels for each one within budget constraints. I will be Project is of extreme importance to me other disaster assistance programs. mindful of the Senator’s interest in and Louisiana, so I will gladly engage Mr. BREAUX. Mr. President, for all this project during conference delibera- in a colloquy with the junior Senator of these reasons, my distinguished col- tions with the House. from Louisiana. league from Louisiana and I respect- Mr. STEVENS. Mr. President, I also fully request that SELA funding for BIA SCHOOL OPERATIONS FUNDING agree that the Southeast Louisiana fiscal year 2003 be increased beyond the Mr. DORGAN. Mr. President, as the Flood Control Project is critical to pro- $40 million currently proposed in the Senate considers the fiscal year 2003 tecting the citizens of southeast Lou- omnibus bill and, further, that funding omnibus appropriations bill, Interior Chapter, I would like to engage the dis- isiana and wish to engage in a colloquy be restored to $55 million as was ap- tinguished Senator from West Virginia with my distinguished colleagues from proved by the Senate Appropriations in a colloquy regarding the School Op- Louisiana. Committee in July. Ms. LANDRIEU. Mr. President, on Mr. STEVENS. Mr. President, I will erations Budget for the Bureau of In- July 24, 2003, the Senate Appropria- work with my distinguished colleagues dian Affairs. As the Chairman knows, the current language of the Senate om- tions Committee unanimously ap- from Louisiana, my ranking member, nibus appropriations bill for fiscal year proved the fiscal year 2003 Energy and and the entire Senate in our continued 2003 eliminates $11.9 million in in- Water Appropriations bill, which in- deliberation of the appropriations leg- creased funding the administration re- cluded $55 million for the Southeast islation so that the construction of the quested for these schools. vital SELA project can continue. Louisiana Flood Control Project. How- As a member of the Appropriations ever, the current omnibus bill that we PROVO AIRPORT CONTROL TOWER FUNDING Committee, I understand very well the are debating regarding fiscal year 2003 Mr. HATCH. Would the distinguished difficult task the Chairman faced in appropriations only provides $40 mil- Chairman of the Transportation Sub- putting the Interior bill together under lion for this worthy project. Accord- committee, my good friend, the Sen- the difficult budget constraints we are ingly, Senator BREAUX and I have of- ator from Alabama, yield for a ques- operating under for the upcoming fiscal fered an amendment which will restore tion? year. However, the 185 Bureau-funded funding to $55 million for this critical Mr. SHELBY. I would be glad to. schools rely solely on the Federal Gov- flood control project in the New Orle- Mr. HATCH. My office was recently ernment for funds to provide an edu- ans metropolitan area. visited by the mayor of Provo in my cation to about 50,000 Indian children. Although Senator BREAUX and I have home state of Utah. He reiterated to I suspect that the funding level for decided to withdraw our amendment me the importance of erecting a con- school operations in the Senate bill re- from consideration by the full Senate trol tower to handle an unusually large flects the Chairman’s wise desire to re- at this time, we wish to inform the volume of air traffic coming into and ject the administration’s ill-advised Senate of this project and emphasize out of the airport. ‘‘School Privatization Initiative.’’ I its importance. My colleagues may not be aware of commend him for rejecting the School The Southeast Louisiana Flood Con- this, but Provo’s airport currently does privatization Initiative, but I hope we trol Project is commonly referred to as not have a tower—even though it is the might find a way to still retain the SELA. Its purpose is to provide flood second most used airport in the state, programmatic increases requested by protection to handle a 10-year rainfall providing a much needed training the administration for Student Trans- event and reduce damages arising from ground for new pilots and a landing portation, Administrative Cost Grants larger rainfall events in the New Orle- area for corporate jets that keeps them and facility operations, as well as to ans metropolitan area. In 1996, Con- out of the Salt Lake City International restore the $2 million reduction progress authorized construction of this Airport traffic flow. posed by the administration for in- project. It is my understanding that there are structional programs through the In- The SELA project is currently under 143,000 operations at this airport per dian School Equalization Program. construction and essentially involves year. I share the concern of Mayor The House bill uses the funds tar- adding pumps and increasing the num- Lewis Billings and the citizens of geted for the privatization initiative to ber and size of drainage channels in the Provo that this type of airport traffic make the increases outlined above. I New Orleans metropolitan area. The with no control tower is very unsafe respectfully request the Chairman’s as- total cost of this project is $647 million and, in the past, has led to a crash and surance that he will do his best to ac- with a non-federal cost share of ap- a number of near misses. cept the House bill’s level of funding proximately 25 percent or $166 million. Mr. SHELBY. I would just note for for the School Operations budget of the To date, $308 million in Federal funds the Senator from Utah that the Trans- Bureau of Indian Affairs when we go to have already been expended on SELA. portation Appropriations Sub- conference, and I will be as helpful as I Mr. BREAUX. Louisiana annually ex- committee has already allotted $666,000 can as a conferee on this matter. periences an enormous amount of rain- for this project in the fiscal year 2003 Mr. BYRD. I understand the concern fall. One example of this occurred in appropriations bill. of my colleague regarding this matter

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.198 S23PT2 S1444 CONGRESSIONAL RECORD — SENATE January 23, 2003 and thank you for raising it. The Com- ment of Interior for this grant during in the House bill, I think that this mittee realizes the importance of fund- the fiscal year 2003 year? funding is a good start and I urge my ing for these schools that rely on the Mr. BURNS. Yes, I agree with the colleagues who will serve with me on Federal Government for 100 percent of distinguished Senator from Michigan. the Conference Committee to recede to their funding. I can assure the Senator The Senate did include funding in the the House position on this item. that the Committee is supportive of amount of $3 million for the Tribal Mr. BURNS. I understand the impor- the Bureau of Indian Affairs school sys- School Construction Demonstration tance of this item to the Senator from tem, and I will do what I can to see Program. The legislation also author- North Dakota, and I will work with that higher levels of funding for School izes the Department of Interior to con- him on this item when this bill moves Operations are provided during continue administering the program from to conference. ference with the House. fiscal year 2003 to 2007. Future years Mr. BYRD. I thank the Senator from TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION funding will be subject to appropria- North Dakota, a Member of our Sub- PROGRAM tions. In addition, the authorizing lan- committee, for bringing this item to Ms. STABENOW. Mr. President, I guage provides that the Secretary of the attention of the Senate. would like to take this opportunity to Interior shall ensure that a tribe that Mr. DORGAN. I thank the distin- commend my colleagues on the Senate agrees to fund all future operations and guished managers of this chapter of Interior Appropriations Subcommittee maintenance costs receives the highest this bill. for their continued support and com- priority for a grant under the program. NEXT GENERATION LIGHTING INITIATIVE mitment to the Tribal School Con- The program was first authorized and Mr. BINGAMAN. Mr. President, I struction Demonstration Program ad- funded in fiscal year 2001. The Program would like to pose a question to my es- ministered by the Bureau of Indian af- was reauthorized in fiscal year 2002, teemed colleague from Montana. It is fairs. I also rise to engage in a colloquy but the subcommittee did not provide my understanding that the fiscal year with the distinguished Chairman of the funds to the Department of Interior be- 2003 Senate Appropriations Interior Interior Appropriations Subcommittee, cause there were no eligible tribes ca- Subcommittee report contains $4 mil- Mr. BURNS. pably of sharing the construction lion allocated for the next generation My distinguished colleagues, the costs. The subcommittee was pleased lighting initiative? Is that correct? chairman and ranking member of the to learn that the Saginaw Chippewa Mr. BURNS. You are correct, Sen- Interior Appropriations Subcommittee, Tribe of Michigan is eligible, willing, ator. Four million dollars is in the re- Mr. BURNS and Mr. Byrd respectively, and capable to take advantage of this port for this purpose which originated worked to make sure that this impor- innovative program during the fiscal from a request to the Interior Appro- tant program received funding this year 2003 funding cycle. priations Subcommittee in the form of year. A tribe in my home State of The subcommittee believes that the a dear colleague letter dated April 23, Michigan, the Saginaw Chippewa Tribe Tribal Construction Demonstration 2002, initiated by both Senator DEWINE of Michigan, met with me and the sub- Program will continue to prove to be and yourself, which contains 22 bipar- committee early in this process regard- one of the most beneficial and success- tisan signatures. Mr. DEWINE. Senator BINGAMAN, as ing their intention to utilize the dem- ful programs of its kind for the im- you know my State of Ohio is consid- onstration program. Thank you for all provement of Native American edu- ered the home to the lighting industry, of your cooperation and hard work on cation facilities. and from the start, I have been a this legislation. Ms. STABENOW. Mr. Chairman, Over the last 25 years, the Saginaw thank you for clarifying this issue and strong supporter of the next generation Tribe has worked hard to create a trib- for your support of this critical lighting initiative. I feel it is impor- al economy to provide education, project. The Saginaw Tribe is eager to tant that for the record, there is a good health care, and other governmental partner with the Department of inte- understanding by the executive branch on the legislative history of the next services to its members. The tribe has rior to ensure that the educational generation lighting initiative. Would made many constructive steps towards needs of its people are met. you please be so kind as to share with self-sufficiency and is dedicated to pro- ADVANCED HOUSING RESEARCH CONSORTIUM us its history? viding every educational opportunity Mr. DORGAN. Mr. President, I re- Mr. BINGAMAN. I would be glad to. to its tribal youth. The dilapidated quest the Senate’s support and assist- The next generation lighting initiative condition of their current school facil- ance on a funding item of importance was first introduced as S. 1166 in the ity has been a roadblock to further ad- to the University of North Dakota and 107th Congress. It was then included in vancement. The temporary, modular other universities involved in the con- H.R. 4, the comprehensive energy bill, housing facility where Saginaw Chip- sortium for advanced housing research. as amended by the Senate, which then pewa children attend classes is inad- Several years ago, my state experi- went into conference with the House. equate. It is a dismal learning environ- enced extreme flooding in the Red Unfortunately, the energy bill failed in ment, anything but conducive to the River Valley. These floods destroyed conference, but the next generation positive development and education of thousands of homes in my state. After lighting initiative, and nearly the en- young minds. the flood waters receded, the Univer- tire R&D authorization title were Although the current language in the sity of North Dakota, UND, recognized conferenced with the House. This Interior appropriation bill only allo- the need for research that could in- agreed upon R&D authorization title, cates $3 million to the program, a sum crease the survivability of wood struc- with the next generation lighting ini- nearly $2 million short of what the tures during natural disasters. To meet tiative, is now found in H.R. 238, as in- Tribe is seeking in a Federal match, this need, the UND chemistry depart- troduced by the House Science Com- the Tribe would still like to partner ment began working with the Housing mittee in the 108th Congress. with the Department this funding cycle Research Consortium for Natural Dis- Mr. DEWINE. Senator BINGAMAN, did in order to begin immediate construc- asters to improve the durability of we not introduce this conference lan- tion of the Saginaw Chippewa Acad- wood and to increase the effectiveness guage as a bill this Congress? emy. The Tribe is willing to assume a of assessment and recovery tech- Mr. BINGAMAN. Yes, it is now Sen- cost-share greater than 50 percent to nologies. ate Bill 167. complete construction. In addition, the Although it has taken several years, Mr. BURNS. My esteemed colleagues, Tribe is also willing to forgo any future I am pleased that this research initia- Senators BINGAMAN and DEWINE, I wish Federal dollars to fund operation and tive has finally been identified for to thank you both for sharing with me maintenance costs in order to receive funding through the U.S. Forest Serv- the legislative history of the next gen- the highest priority for a Federal ice. The House fiscal year 2003 Interior eration lighting initiative, and I hope matching grant as set forth in the au- Appropriations Bill contains $1.7 mil- this is of aid to the Department of En- thorizing language under the program. lion for this research through the ad- ergy as it manages this project. It will Given all of these commitments, don’t vanced housing research consortium. be useful background to my sub- you think the tribe should be given While the initial request was substan- committee as it performs its oversight high consideration from the Depart- tially higher than what was contained duties in the upcoming year.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.201 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1445 Mr. LEAHY. Mr. President, while I is saying ‘‘trust us, we will get it right sions of the Price-Anderson Act—ques- appreciate the desire of my colleagues this time.’’ It is not a matter of right tions that should be resolved before the to complete the omnibus fiscal year or wrong, but a matter of due process act is reauthorized for a 15-year period. 2003 appropriations bill early in the that we need to ensure has been ad- In addition, there is increasing cause session of this Congress, this rush to hered to, to ensure that the American for concern regarding the general safe- complete the bill, unfortunately, al- public’s concerns have been heard on ty and security of our Nation’s nuclear lows for the addition of certain riders the management of their national powerplants. A recent report by the that should have greater scrutiny prior lands. Nuclear Regulatory Commission’s to being added under the cover of dark- This amendment would set a dan- (NRC’s) Inspector General found that ness. Of particular concern to me is gerous precedent for the entire na- ‘‘NRC appears to have informally es- section 329, which would eliminate con- tional forest system by essentially giv- tablished an unreasonably high burden sideration of the record of decision for ing the Forest Service a free pass to of requiring absolute proof of a safety the 2002 Supplemental Environmental write the record of decision however problem . . . before it will act to shut Impact Statement for the 1997 Tongass they like because it cannot be re- down a power plant.’’ In addition, the Land Management Plan, forest plan, viewed. I urge my colleagues to remove NRC recently ruled that the risk of ter- from the Forest Service’s administra- the language and instead let the review rorism is too speculative to be consid- tive appeal process and judicial review. process work as it is intended to occur. ered when making nuclear reactor li- The inherent values of the Tongass Mrs. CLINTON. Mr. President, I am censing decisions. And a recent survey National Forest to the American public extremely disappointed that this bill of NRC employees shows that a third of cannot be understated. As the Nation’s contains a 15-year reauthorization of employees question the Commission’s largest national forest, 17 million the Price-Anderson Act, which indem- commitment to safety, and almost half acres, located in southeast Alaska, it nifies the commercial nuclear power say that they do not feel safe speaking contains large tracts of pristine lands industry and limits the industry’s li- up in the NRC. While almost 90 percent that are presently unprotected from fu- ability in the event of an accident. of the agency’s executive-level employ- ture management activities. This is This act, which has provided such pro- ees answered favorably to questions re- the last vestige for species that once tections for the nuclear power industry garding the Commission’s commitment roamed the Lower 48 States uninter- for some 45 years, needs to be revisited to safety, less than two-thirds of those rupted by the designs of humans. The and seriously reconsidered—particu- in the mid-level ranks answered simi- Tongass is home to the American larly in the wake of the events of Sep- larly, according to recent press reports eagle, grizzly bears, a variety of fish tember 11, 2001. It is my hope that such about the employee survey. species, including the Chinook, Coho, consideration will still be given by the In addition, reports have been issued and Sockeye salmon to name a few, Senate Committee on Environment and that show security guards at nuclear that once flourished in the rivers Public Works, the Committee of juris- powerplants are over-worked and throughout the United States and nu- diction of which I am proud to be a under-trained, that the guards them- merous plant and wildlife species both member, despite the reauthorization of selves do not feel that they are getting common and unique. the Act on page 1027 of this 1052-page the support they need to do their jobs Section 329 is opposed by many Alas- bill—a reauthorization which has not right. In fact, a January 2002 report ka and national environmental organi- been debated at all of the floor or in commissioned by Entergy, the owner of zations. Over 170,000 Americans com- Committee this Congress. the Indian Point nuclear power plant mented on the agency’s 2002 Draft EIS, In addition to increased security con- in New York, found that only 19 per- which recommended no new wilderness cerns at nuclear powerplants as a recent of security guards at Indian Point on any of the 9.7 million acres of sult of the terrorist attacks of Sep- 2 stated that they could ‘‘adequately Tongass roadless areas. Over 95 percent tember 11, 2001, there are additional defend the plant after the terrorist of those commenting urged the agency issues that warrant further debate be- event of September 11th.’’ to recommend more wilderness protec- fore this act is reauthorized. Recently, For these and other reasons, I strong- tion for the Tongass. the General Accounting Office found ly oppose the inclusion of this 15-year While there is a time and place for that liability limits under the Price- reauthorization of the Price-Anderson the appropriate management of any na- Anderson Act are not adequate to pro- Act in this legislation. I remain com- tional forest, making that determina- vide for compensation of victims in all mitted to a thoughtful reconsideration tion of when and where needs to in- nuclear accident scenarios—not to and debate of this act as it pertains to clude the public in the decisionmaking mention the kind of event we experi- the commercial nuclear power indus- process. Whereas, collaboration and enced in New York on September 11, try, and look forward to addressing public involvement play an integral 2001. Also, questions have been raised this and other issues related to nuclear role in the development of any forest as to whether the Price-Anderson Act powerplants, including the important plan, at times there is the need for an includes sufficient protections to deal issue of nuclear powerplant security, in objective review to ensure that the with the currently deregulated energy the Senate Environment and Public public’s concerns have been addressed. industry—whether the act would oper- Works Committee this Congress. Removing these reviews, either ate as intended and ensure that nuclear Mr. DURBIN. Mr. President, I in- through the agency’s established ap- powerplant operators are able to pro- tended to offer an amendment to ad- peals process or by the court, under- vide compensation in the event of an dress fundamental concerns that a pro- mines the basic intent of allowing for accident up to the act’s limits. vision in this bill discriminates against public involvement in the management A recent study has concluded that children in need of special education of the public’s lands. under the act, limited liability cor- services because they happen to live in It has taken numerous years to de- porations and multi-tiered holding the District of Columbia. That provi- velop the Tongass Forest Plan; this companies that own nuclear power- sion imposes a limitation of $3,000 on should not be viewed negatively, but as plants may be able to effectively shield how much the District of Columbia a reflection of the public’s passion for their intermediate and or parent cor- may pay per case in attorney’s fees to this national treasure. The court told porations from financial responsibil- plaintiffs who prevail in litigation the Forest Service in a previous order ities under the Price-Anderson Act and brought against the District of Colum- to go back to the drawing board. This thereby walk away from Price-Ander- bia public schools under the Individ- determination was due to the lack of son obligations without jeopardizing uals with Disabilities Education Act, additional lands into the National Wil- other assets. The use of these rel- IDEA, in order to enroll their children derness Preservation System. This atively new corporate structures for in special education services. court decision resulted in the 2002 Sup- ownership of nuclear powerplants I would prefer that we eliminate sec- plemental EIS, which now my col- raises questions about the respective tion 135 from the bill entirely. Congress league proposes to bypass both the obligations of subsidiary, intermediate, should not impose restrictions on the agency’s internal review process and and parent corporations to make the District of Columbia’s use of local the judicial system. It is as though he payments required under the provi- funds. If someone is raising a child

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.116 S23PT2 S1446 CONGRESSIONAL RECORD — SENATE January 23, 2003 with a serious learning disability and Columbia school board, develop legisla- ministration and others that air qual- wants that child evaluated for enroll- tion to address conflicts of interest in ity will improve because facilities ment in a special education program, special education cases. would be encouraged to install new, we have provisions in the law across I hope these provisions will produce more energy-efficient technology. America governing access to services. needed accountability. I hope these This amendment provides a six This law provides for the awarding of provisions will help prevent manipula- month period for an independent panel reasonable attorney’s fees at prevailing tive practices by a few which unfortu- of scientific experts to give us the in- community rates to parties who pre- nately denigrate the honest, dedicated formation that we need in order to as- vail in their due process proceedings. It work of the vast majority of the attor- sert that this policy change will ben- is only in the District of Columbia that neys who devote their careers to serv- efit the public and the environment, as some Members of Congress want to un- ing vulnerable families and children well as the regulated community. Once fairly limit the amount paid to those through legal representation in special we have this information, we should attorneys. These same Congressmen education placement cases. move forward decisively to either put and Senators would never impose such It is my expectation that the reau- the final rule in place or reject this ap- limitations on their own States and thorization of the Individuals with Dis- proach. districts. In last year’s Senate appro- abilities Education Act and reform ef- Mr. GRASSLEY. I ask unanimous priations bill for the District of Colum- forts by the District of Columbia Pub- consent that this letter be printed in bia, the Senate overwhelmingly sup- lic Schools will make the imposition of the RECORD. There being no objection, the mate- ported an amendment I offered to soft- caps on how much the District of Co- rial was ordered to be printed in the en the impact of a $2,500 attorney fee lumbia may pay in attorney’s fees in RECORD, as follows: limitation by designating certain situ- IDEA cases unnecessary in subsequent U.S. CONGRESS, ations in which such a cap would not appropriations bills. Washington, DC, January 23, 2003. apply. Mr. MCCAIN. Mr. President, I voted The Hon. TED STEVENS, I have been engaged in extensive dis- in support of the Edwards amendment Chairman, Subcommittee on Defense, Committee cussions with my colleague, Senator to delay the implementation of the on Appropriations, U.S. Senate, Wash- HUTCHISON, the chief proponent of sec- EPA’s final rule on New Source Review ington, DC. tion 135, which have led to a modifica- for six months for the purpose of The Hon. DANIEL K. INOUYE, tion of that provision. The nature and ascertaining the impact on air quality Ranking Member, Subcommittee on Defense, amount of attorney fees in special edu- and human health. There has been sig- Committee on Appropriations, U.S. Senate Washington, DC. cation cases brought under IDEA raise nificant controversy and uncertainty DEAR CHAIRMAN STEVENS AND RANKING serious questions about both the ade- about the effects of this rule. I believe MEMBER INOUYE: We very much appreciate quacy of in-school programs to serve in this case we need to have an inde- your efforts on behalf of including in the special education students and some pendent assessment in order to assure FY03 Omnibus Appropriations bill an amend- aggressive activities of certain attor- the public that this regulatory change ment we have worked on relating to the De- neys and firms. The modification raises will not jeopardize existing air quality partment of Defense Total Information the limit on the amounts which may be Awareness Program. or human health. We wish to let you know that as the Sen- paid to $4,000 per action. It also pre- Given that the rule represents a sig- ate moved toward final passage of the Omni- cludes the payment of the fees of any nificant change in national clean air bus Appropriations bill this afternoon, our attorney or firm whom the chief finan- policy, we should have this essential office continued to be engaged in a discus- cial officer of the District of Columbia information in hand at this final phase sion with other interested offices about the determines to have a pecuniary inter- of the rule-making process. However, wording of the language in Sec. 111(c)(2)(B) est, either through an attorney, officer, we haven’t seen any thorough or inde- of Amendment No. 59 affecting the scope of or employee of the firm, in any special pendent analysis of the pertinent data the Office of Total Information Awareness. Questions have been raised that the wording education diagnostic services, schools, or a definitive assessment of impacts. of this subsection of the amendment, as or other special education service pro- I have stated my strong view on the adopted, could be interpreted to inhibit law- viders. issue of global climate change that we ful foreign intelligence activities. That is I note that this bill mandates that have sufficient information to move not the intent of the amendment, and to cor- the chief financial officer of the Dis- forward to define effective measures to rect the problem we propose to strike in that trict of Columbia require disclosure by address this most serious environ- subsection (B) all after the word ‘‘activi- attorneys in IDEA cases of any finan- mental problem. In order to move for- ties.’’ We are committed to working jointly cial, corporate, legal, board member- with you to address this concern through en- ward responsibly with this significant actment of this change in conference. ships, or other relationships with spe- change of air emissions regulation, we Again, we appreciate your willingness to cial education diagnostic services, apparently need additional scientific include a provision establishing strong Con- schools, or other special education information. gressional oversight over this program, and service providers before paying any at- I am struck by the extent of dis- look forward to working with you to correct torney’s fees. The chief financial offi- agreement over the effects of this the language to reflect our intent more accu- cer may also require attorneys in spe- change amongst air quality experts, rately. Sincerely, cial education cases to certify that all members of the regulated community, CHARLES E. GRASSLEY. services billed in special education air quality regulators on the federal, RON WYDEN. were rendered. The bill also directs state, and local levels, and environ- Mr. MCCAIN. Mr. President, after six that the chief financial officer will pre- mental groups. I believe the federal continuing resolutions to keep the Fed- pare and submit quarterly reports to taxpayers who pay for this regulatory eral Government operating and more the Committees on Appropriations of program, in terms of both dollars and than 3 months into the new fiscal year, the Senate and the House of Represent- health impacts, would want Congress the appropriations process for fiscal atives on the certifications and the to approve the implementation of this year 2003 is finally coming to an end. amount paid by the government of the new regulatory regime only if we are Of the 13 appropriations bills that were District of Columbia, including the certain the costs are commensurate required to be passed and enacted into District of Columbia public schools, to with the benefits. law last year to fully fund programs for attorneys in cases brought under IDEA. At this point, there is significant fiscal year 2003, only two were passed The bill further allows the inspector confusion on this score. The EPA has and enacted. The 11 remaining bills general of the District of Columbia to testified that 50 percent of the facili- have been bundled up in this so-called conduct audits of the certification to ties that are now subject to the Clean ‘‘omnibus’’ appropriations legislation. ensure attorney compliance. Air Act’s technology requirements And once again, as in past years, we I endorse the committee report’s would fall out of those requirements are faced with voting on a massive leg- strong recommendation that the coun- under the rule changes. A number of islative package without adequate cil of the District of Columbia, in co- reputable studies indicate that emis- time for thorough review and debate. operation with the Mayor of the Dis- sions will increase as a result. The ar- The 1,052-page bill before us, which ap- trict of Columbia and the District of gument has also been made by the Ad- propriates approximately $400 billion,

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.117 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1447 was not made available for review at mentally sensitive wetlands for agri- While I often take issue with various 9:00 p.m. on the night before the first cultural production. Touted as a ‘‘flood farm policies that disproportionately full day of debate on the bill. The man- control project,’’ the Yazoo pump is benefit large agribusiness of farms at agers submitted for the RECORD what not designed to save homes or land but the expense of small farmers and tax- would have been the committee reports to drain the wetlands for soybean and payers, or those that compromise for the 11 bills encompassed in this om- cotton production. More importantly, American agricultural trade commit- nibus, but it was not available for re- $30,000 of federal taxpayer money has ments, this effort to compensate cat- view until debate on this bill was well already been spent to preserve these fish farmers from a farm program that under way. Have members and their wetlands because of their unique fea- is intended for livestock stands out. I staffs even spent the time to learn tures as a bird sanctuary. At a min- am certain that catfish proponents will what is contained in this monstrous ve- imum, we should allow the EPA to offer a dozen different explanations to hicle? complete its study of this project—en- justify this provision. However, not When will we ever learn? I hope that vironment review is still ongoing. In even hog, poultry, or horse producers the 108th Congress brings with it a re- fact, in the draft environmental re- are eligible under the livestock com- newed spirit of bipartisan cooperation. view, the EPA gave the Yazoo the low- pensation program. Why should catfish In the last Congress, such cooperation est possible rating calling the project then get livestock payments? Mr. took a backseat to election year poli- ‘‘flawed and inadequate.’’ If this President, when did a catfish become tics, partisan bickering, and ill-advised project could not proceed forward on analogous to a cow? parliamentary tactics that had the ef- the merits, why should Congress give Catfish farmers are hardly left out in fect of further polarizing this body. If its blessing to it in a rider to an omni- it the cold—they are eligible for other we continue on this troubled path, we bus appropriation bill? types of emergency assistance from USDA. Also, in the recent 2002 farm will be in the same situation 1 year The next project, located in Devil’s bill, domestic catfish proponents were from now. And again, this will be at Lake, North Dakota not only author- successful in banning all catfish im- the cost of the American taxpayer. izes a wasteful and highly controver- During times of threats to our na- sial project but the rider also exempts ports by requiring that foreign catfish be labeled as something other than cat- tional security, it has been common the project from standard evaluation fish. It seems very clear to me that practice to ask Americans to sacrifice procedures. Today’s Minneapolis Star catfish farmers do not want to compete to protect our homeland. However, Tribune reports that the rider provides on a fair basis, domestically or abroad, today some believe it appropriate to $100 million for pipeline into the and are willing to double-dip into dis- merely craft this appropriations bill Sheyenne River, which flows into the aster-relief funding intended for other with little regard for the severe secu- Hudson Bay. Because of widespread farmers in need. Mr. President, let’s re- rity and fiscal challenges confronting water quality concerns on connecting move this extraneous provision and let our Nation. We are on the verge of a rivers and lakes, there is strong opposi- livestock be livestock, not catfish. possible war, and our economy is in tion to this project from the Canadian government, the States of Missouri and Other interesting earmarks include: distress. So what are we appropriating $200,000 for the Anchorage People Minnesota, and U.S. Fish and Wildlife scarce resources for? Orangutans, pig Mover in Alaska; $250,000 for the Mary Service, the EPA, national conserva- waste, and sea otter commissions. Baldwin College in Staunton, Virginia tion organizations and environmental There is approximately $11 billion in for the Center for the Exceptionally groups in North Dakota. Despite this pork-barrel spending and a number of Gifted; now they really are exception- opposition and the complex ecological legislative riders that are riddled ally gifted; $1.5 million for WestStart’s issues raised by this project, funding throughout this bill. In fact, Congres- Vehicular Flywheel Project in the has been authorized and standard lan- sional earmarks reached their highest State of Washington; an extra $1 mil- guage requiring the Corps to evaluate level during the last fiscal year, in- lion for the National Center for the creasing 32 percent from the previous the merits of the project has been Ecologically-based Noxious Weed Man- year. The multitude of unrequested omitted. The bottom line: If this agement at Montana State University; funding earmarks buried in this 1,052- project was ever assessed on its merits, $600,000 to treat waste on small swine page bill will undoubtedly further bur- it would likely never survive. farms in South Carolina; $1 million for The report language for this bill di- den American taxpayers. While the a DNA bear sampling study in Mon- rects the Agency for International De- amounts associated with each indi- tana; $100,000 for the Alaska Sea Otter velopment to provide at least $2.5 mil- vidual earmark may not seem extrava- Commission; $300,000 to the Southern lion to the Orangutan Foundation lo- gant, taken together, they represent a Regional Research Center at New Orle- serious diversion away from Federal cated in Indonesia. The foundation ans, LA, for termite detection systems, programs that have undergone the ap- likes to call the orangutan ‘‘the ne- evaluation of wood products for pro- propriate merit-based selection proc- glected ape.’’ Luckily for them, they tecting building materials, and bait ess. are not being neglected by the Appro- technology; $200,000 to study seafood As I discussed earlier today, one of priations Committee. And, the appro- waste at the University of Alaska; the most egregious riders we consist- priators not only like orangutans, they $300,000 for Old Stoney feasibility study ently see in appropriation bills are the also are fond of gorillas. The Com- in Wyoming; $650,000 for grasshopper Army Corps of Engineers’s water mittee gave $1.5 million to groups like and Mormon cricket activities in the projects. Water projects have become the Dian Fossey Gorilla Fund. Mr. State of Utah; synonymous with pork because of the President, why stop at giving special I am pleased to see that $1.5 billion habitual authorization of these preference to these two primates? What was added to this legislation to supple- projects in appropriation bills. These about the other members of the animal ment the $50 million that was origi- water projects continue to be slipped kingdom? Which brings us to the lowly nally appropriated to fund the re- into appropriation bills without con- catfish and its heretofore unknown recently-passed ‘‘Help America Vote gressional consideration as to their ef- lation to the cow. In the emergency Act.’’ However, I am concerned that fects on the environment and without disaster relief section of this bill, a this funding has only been added as a going through established project eval- provision was included that would common pool and not designated ac- uation procedures. qualify catfish farmers for livestock cording to the legislation that Con- Today’s Washington Post reports compensation payments. As my col- gress passed last year. For example, that the Yazoo Pump project in central leagues know, the livestock compensa- the bill would not explicitly fund the Mississippi—which would involve tion program is a Federal farm pro- program to improve accessibility for building the world’s largest hydraulic gram that compensate eligible live- disabled voters at the poling places. I pumping plant—would authorize $15 stock producers—such as owners of urge my colleagues to address this dis- million to drain 200,000 acres of wet- beef and dairy cattle, sheep, goats, or crepancy in the House-Senate Con- lands that is home to both waterfowl certain breeds of buffalo—who have ference. and rare plants. The sole purpose of suffered losses or damages as a result I believe it is beneficial that the Sen- this project is to drain environ- of a severe drought. ate address physician and hospital fee

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.210 S23PT2 S1448 CONGRESSIONAL RECORD — SENATE January 23, 2003 schedules under Medicare. Recent mote additional flag officers would be The Congressional Budget Office re- Medicare physician fee reductions have severely restrained under this bill. If cently estimated that the Federal Gov- forced many doctors across the Nation there is a concern that the Coast Guard ernment had a budget deficit of about to reduce Medicare patients, leaving has too many flag officers, then that $109 billion during the first quarter of seniors without access to the care they concern should be addressed through fiscal year 2003. That is significantly need. Similarly, rural hospitals, par- the committee of jurisdiction—the more than the $35 billion shortfall re- ticularly in my home State of Arizona, Commerce Committee. corded over the same period last year. have experienced an unfair imbalance The bill provides $48.7 million for the And all forecasts project growing defi- in payment schedules compared to Corporation for Public Broadcasting cits for as far as the eye can see. their urban counterparts. Although our for costs related to digital program de- Our current economic situation and Nation’s health care providers would veloped associated with the transition our vital national security concerns il- benefit from provisions under this bill, of public broadcasting to digital broad- lustrate that we need more than ever I do not believe that appropriations casting. This is $23.7 million more than to prioritize our Federal spending. bills are the venue for such legislative the President’s request, and it was not While I commend members of the Ap- language. I am also concerned about considered by the Commerce Com- propriations Committee for holding giving hospitals and doctors well over mittee, which is the authorizing com- down spending to the level rec- $1 billion in additional funds from mittee. More importantly, I don’t be- ommended by the President, some of Medicare, without providing seniors lieve that Congress is exercising sound these provisions, as is the case in vir- fiscal policy when we make a decision tually all appropriations legislation, with a much needed prescription drug to appropriate millions of dollars to serve no national priority. My friends benefit. There are numerous provisions in publicly funded television stations so on the committee are no doubt tired of this bill that circumvent the clear ju- that they may purchase the latest in hearing me say this, but I am obliged to do so; we can and we must do better. risdiction of the Commerce Committee. digital technology. Rather the Cor- poration for Public Broadcasting Mr. KERRY. Mr. President, I strong- Perhaps the most egregious example is ly support the amendment offered yes- section 211 of Division B, which would should come before the authorizing committee to have a discussion with terday by Senator BILL NELSON and grant new life to an already failed ship- members on how to best achieve the several others to increase funding for building project that has cost the goals of public broadcasters and ensure emergency relief in Africa by $600 mil- American taxpayer over $185 million, that taxpayer dollars are being spent lion in fiscal year 2003. I could not be and give it to a foreign-owned corpora- wisely. present for the vote on this amend- tion. I’ve already expressed my opposi- The bill appropriates $100 million for ment, but I would have voted for it if I tion to this special interest provision. fisheries disaster assistance. Of this, were able to. This additional funding is But there are a host of other items $35 million is for direct assistance to urgently needed to address a mounting that I wish to discuss. the State of Alaska, for any person, famine that has put an estimated 38 Another section of the bill would business, or town that has experienced million people at risk for starvation in allow a narrow class of airports to ex- an economic hardship even remotely Ethiopia, Eritrea, and six southern Af- clude air carriers that may want to relating to fishing. This money is in rican countries. provide scheduled air service. It is my addition to the $20 million for devel- Because the President submitted his understanding that this is so narrowly oping an Alaskan seafood marketing fiscal year 2003 budget request nearly a tailored that it benefits just one air- program. year ago—before the famine reached its port—Centennial Airport in Colorado. Of the remainder, $35 million is for current magnitude—the omnibus ap- Another provision would allow an the shrimp industries of the Gulf of propriations bill we are now debating airport to give Airport Improvement Mexico and South Atlantic, to provide does not provide adequate resources Program money back to the FAA ena- far-reaching assistance to these fish- both to counter this humanitarian cri- bling the agency to hire staff to speed eries. $20 million is provided for vol- sis and to fund ongoing programs in Af- up environmental reviews of that air- untary capacity reduction programs in rica to assist poor and displaced per- port’s projects. This is an area in which the Northeast and West Coast ground- sons. The United States has generally the Commerce Committee took action fish fisheries. $5 million is for Hawaiian provided more than half of the food aid last year, and we will continue to mon- fishermen affected by fishing area clo- required to address this kind of crisis. itor and pursue further action this sures. And, 5 million for the blue crab The proposed $600 million in additional year, should it be necessary. Appro- fisheries affected by low harvest. funding is needed to reach the one-half priations bills are not the proper nor The bill provides these handouts mark and forestall further destruction the traditional vehicles that should be without requiring any accountability in southern and eastern Africa. used to address the AIP. on how the money is actually spent. The ripple effects of this kind of fam- This bill also earmarks $1.2 billion Moreover, the allocations were made ine go far beyond the millions of Afri- for New Starts under the transit pro- without offering any form of justifica- cans who are directly affected. Because gram. I find this set of earmarks to be tion. How much federal money do these severe famine can force families to particularly egregious. The earmarks regions really need, if any? If these leave their homes—sometimes even do not just direct the Federal Transit needs are legitimate, how do they com- their countries—in search of better Administration (FTA) to spend the ap- pare to the needs of other regions? We conditions and to resort to other des- propriated funds on pet projects in cer- may never know, because these appro- perate measures, it can cripple eco- tain States, they also actually change priations circumvented every stage of nomic progress and threaten political the recommendations that FTA has committee review. We have no basis for stability throughout the affected re- made regarding which projects should determining how necessary this is or gions. Ultimately, a crisis of this mag- be funded and the level of funding each whether or not this is sound policy. nitude can imperil even our own secu- project should receive in fiscal year Another provision authorized the rity. We have an obligation to the peo- 2003. Mr. President, when are we going Secretary of Commerce to award ple of Africa and to our own citizens to to allow the FTA to do its job? The grants to encourage individuals to provide the resources necessary to ad- FTA, not the appropriators, should de- travel to the United States and estab- dress this emergency. termine which projects have merit and lishes the United States Travel and EMERALD ASH BORER INFESTATION should be funded. Tourism Promotion Advisory Board; Mr. LEVIN. Mr. President, we have This bill also would limit funding for $50 million is appropriated to imple- before the Senate the Omnibus Appro- the number of Coast Guard flag officers ment this section. This is yet another priations bill. This bill funds a wide to 37. While the Coast Guard is author- example of inserting authorizing lan- array of vital programs, but this bill ized under title 14 to have 48 flag offi- guage in an appropriations bill, and does not address a relatively new prob- cers, it currently has 37 on active duty. providing an enormous amount of lem that is affecting the ash tree popu- But as the Coast Guard grows in size to money for an initiative that has not lation in Southeast Michigan. meet its new homeland security mis- yet been fully examined and discussed I am talking about the Emerald Ash sions, its authorized flexibility to pro- by the Senate Commerce Committee. Borer, an Asian beetle that most likely

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.211 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1449 traveled to Michigan on wooden ship- tional Ethanol Vehicle Coalition to in- mass layoffs in its report, and these ping pallets. An invasive species, the crease E–85 fueling capacity. E–85 is a layoffs became one of the few available Ash Borer is rapidly destroying ash form of alternative transportation fuel figures on individuals hurt economi- trees in southeastern Michigan and as consisting of 85 percent ethanol and 15 cally by the attacks. it spreads will do so nationwide. In the percent gasoline. It will help reduce Similarly, in the wake of the Enron, time that it has been in Michigan, the America’s dependence on foreign oil. WorldCom and other corporate scan- Ash Borer has already killed 6 million Currently, there are over 2 million dals, the statistics revealed the tens of trees. Ironically, this invasive pest has vehicles in the national vehicle fleet thousands of layoffs that followed. the potential to wipe out the very tree that are capable of using E–85 fuel. The WorldCom had 20,000 layoffs. At Arthur that was planted to replace the elm use of E–85 in these vehicles has the po- Andersen, 7,000 workers were laid off. trees that succumbed to Dutch Elm tential to reduce foreign oil imports by At Global Crossing, 9,000 workers were Disease. 34 million barrels a year, while adding laid off, and Enron laid off 4,000 work- Ms. STABENOW. My good friend and $3 billion to total farm income and re- ers. fellow Senator from Michigan is cor- ducing greenhouse gas emissions. The Mass Layoff Statistics program rect; the Emerald Ash Borer has the On March 18, 2002, 10 colleagues and I is respected as one of the most accu- ability to destroy our nation’s urban sent a letter to the chairman and rank- rate signs of the industries has been de- forests. The threat is so great that the ing member requesting that $2 million scribed as the best, easy-to-understand Departments of Agriculture for Indiana be designated to install additional E–85 overview of which industries in the and Ohio as well as the Province of On- fueling capacity across the country and greatest distress and the workers bear- tario, all of which border Michigan, to begin an E–85 educational awareness ing the burden. have published warnings about the Ash effort in cooperation with the Nation’s Unfortunately, history is repeating Borer even though it is not known to automakers. itself. In 1992, in a time of an earlier have spread from Michigan, yet. It is my hope that, as this bill goes to economic downturn, the first President Currently, an Interagency Invasive conference with the House, the Sub- Bush also canceled the Mass-Layoffs Species Task Force including the U.S. committee would work to provide fund- Statistics program. It was reinstated by President Clin- Department of Agriculture. Michigan ing to expand the deployment of E–85 ton, and has continued to provide im- State University, Michigan Techno- fueling capacity, which is important portant information. Economic policy logical University, and the Michigan for my State and the Nation. Mr. KENNEDY. Mr. President, on officials, state and local workforce in- Department of Agriculture is working Christmas Eve, the Department of vestment boards, state unemployment to analyze this problem. As such the Labor quietly announced that it would insurance directors, job training agen- task force has placed a quarantine on discontinue the Mass Layoff Statistics cies, job placement organizations, and 13 counties in southeastern Michigan. program, which collects data and re- researchers rely on this data, and they Mr. KOHL. I thank my friends from ports on large layoffs involving 50 or deserve to have it. Michigan for bringing this problem to more employees. It’s obvious from the The National Association of State the Senate’s attention. I understand timing of the announcement that the Workforce Agencies has sent a letter to that the Emerald Ash Borer may pose administration hoped few would notice Secretary Chao urging the Department a very real threat to the health of our this embarrassing attempt to conceal of Labor to reinstate the program. As Nation’s urban forests. bad news about the economy. the letter says: ‘‘The states have come Mr. LEVIN. It is imperative that the Since President Bush took office two to rely on this information as an eco- Animal Plant Health Inspection Serv- years ago, the economic well-being of nomic indicator and a tool for oper- ice (APHIS) take a vital role address- America’s families has dramatically ational decisions on service delivery ing this problem. It is my expectation deteriorated. Yet the administration and funding allocations for dislocated that APHIS will conducted surveil- continues to support economic policies worker programs.’’ lance into this problem and develop a that neglect the basic needs of working The Mass Layoff Statistics program containment strategy that will lay the men and women, and lavish excessive provides accurate, timely information groundwork for the eradication of this tax breaks on the wealthiest taxpayers. about the industries that are involved invasive species. The unemployment rate has risen, in large layoffs. It provides clear guid- Ms. STABENOW. Having APHIS re- while wages have stagnated. Income in- ance on how to allocate resources, set port on these efforts to Congress would equality has increased, while stock economic priorities, and respond to the greatly assist us as we seek to assist portfolios and 401(k)s have declined. urgent needs of the local communities with the eradication of this pest and as The poverty rate has increased to its affected. we seek funds to help contain and highest level in nearly a decade, while I am pleased that the Senate has ac- eradicate the Emerald ash borer. household incomes have fallen and cepted my amendment to restore the Mr. COCHRAN. I appreciate the con- home foreclosures have reached their $6.6 million in funding needed by this cerns expressed by my colleagues, and I highest rate in 30 years. program. This is great news for the assure them that this subcommittee Hard-working families are suffering. State and local governments that rely recognizes the horrible effects that the Nearly 8.6 million workers are now un- on this information, the economists Emerald Ash Borer has had on South- employed, 2.6 million more than when who use this data and the American eastern Michigan and the potential it President Bush took office. Companies public, which has a right to know the has to devastate our nation’s Ash tree are more likely to continue to layoff truth about our economy. population. We will work with them to workers than create new jobs. Now is Mr. DORGAN. Mr. President, I rise to address this problem. not the time to conceal information express my disappointment that the Mr. DORGAN. Mr. President, the about layoffs and other important eco- funding level for the State Wildlife Committee Report to the fiscal year nomic data from the public. Grants Program has been decreased 2003 Interior Appropriations bill rec- The mass layoff statistics are one of dramatically. This program is essential ommends a $2 million increase in tech- the best measures we have to under- in our Nation’s efforts to conserve fish nology deployment for the Clean Cities stand the impact on workers of and wildlife, because it focuses on pre- program and recognizes the work of the changes in the economy. In the wake of venting species from becoming threat- National Ethanol Vehicle Coalition to the September 11 tragedies, the mass ened or endangered. Due to constraints increase E–85 fueling capacity. layoff statistics were used to give us a in this bill, the Senate had funded this I appreciate the Subcommittee’s rec- clear picture of the economic damage important program at $40 million less ognition of the important environ- that resulted from terrorist attacks. than the House level of $100 million. mental, energy, and economic security Many businesses, particularly those in Now, in the omnibus, this program is benefits that would result from expand- downtown Manhattan, were directly af- funded at an even lower level of $45 ing our nation’s E–85 fueling capacity. fected by the horrific attacks and were million. This is quite disappointing. I would also like to thank Senator forced to layoff many workers. And there will be additional across-the- BYRD for the Subcommittee’s recogni- The Bureau of Labor Statistics added board cuts which will hurt programs tion of the work being done by the Na- non-natural disasters as a reason for such as this one even more.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.213 S23PT2 S1450 CONGRESSIONAL RECORD — SENATE January 23, 2003 Today, more than 1000 species are SMALLPOX Ms. MIKULSKI. Mr. President, I wish listed as federally threatened or endan- Mr. KENNEDY. Mr. President, I com- to speak about an amendment that I gered. The State Wildlife Grant Pro- mend the distinguished majority leader have offered to get behind the nurses gram helps provide resources to State and chairman for their commitment to and patients in this country. My agencies like the North Dakota Game enhancing America’s preparedness for amendment would provide $20 million and Fish Department to prevent fur- bioterrorism. We have worked together in this bill to fund programs created by ther decline in fish and wildlife. successfully for many years to help last year’s bipartisan Nurse Reinvest- In this time of fiscal constraints it is America prepare more effectively for ment Act to recruit and retain nurses. important to recognize that this pro- the threat of biological attack. The Na- I’m pleased that my amendment has gram will actually save taxpayer dol- tion is embarking on a program to vac- been accepted by the managers of this lars. Efforts to bring a species back cinate millions of health care and appropriations bill. I thank Senators from the brink of extinction are quite emergency workers against the threat STEVENS, BYRD, SPECTER, and HARKIN difficult and expensive. The old adage of a potential biological attack using for working with me to include my ‘‘an ounce of prevention is worth a smallpox, and I look forward to work- amendment in the Senate fiscal year pound of cure’’ is most appropriate in ing with the distinguished majority 2003 appropriations bill. this case. These funds allow States to leader and chairman to ensure that My amendment is a down payment. address such conservation problems be- this program is conducted in a way It has the support of 17 bipartisan co- fore they become even more costly. that properly protects the health and sponsors. The Nurse Reinvestment Act Thus, these funds simultaneously save safety of those receiving the vaccine. is an important bipartisan accomplish- both wildlife and taxpayer dollars. Mr. FRIST. I appreciate the Sen- ment from the last Congress. Repub- There is growing recognition of ator’s comments. I believe that we are licans and Democrats came together to North Dakota’s national importance as all in agreement on the importance of make this down payment to address a key breeding area for migratory a smallpox immunization program to the nursing shortage, a crisis that im- birds, especially grassland species. our national security, and I look for- pacts patient care across the country. Baird’s sparrow and Sprague’s pipit are ward to working with the Senator and Now Congress must provide the funds two priority species that are found in with Chairman GREGG to ensure the to make these nurse recruitment and my State in greater abundance than success of a smallpox immunization retention efforts a reality. most other places. If we can work now program. America is facing a nursing shortage to maintain healthy grasslands, we can Mr. KENNEDY. I have offered an and it will only get worse. Today, there ensure that ranchers can continue to amendment to the current legislation are about 126,000 nurse vacancies in work this land, as well as ensure the that would provide funding for a pro- hospitals alone nationwide. This num- survival of these birds. This is possible gram to compensate those who suffer ber does not even include the nurses when we work early to prevent prob- injuries from the smallpox vaccine, and needed in nursing homes, home health lems rather than waiting for a species to provide States, localities and cities agencies, schools and other sites. In my to become listed and endangered. with funding to implement the vac- home state of Maryland, about 15.6 per- The State Wildlife Grants program cination program. I understand from cent of the nursing jobs are vacant in has the support of our Nation’s leading my colleagues that, while they are un- hospitals. More than 2,000 full-time sportsmen and environmental organi- able to support this amendment, they nurses are desperately needed. zations as evidenced by a letter deliv- are willing to work with me on legisla- In 2000, there was a shortage of ered to each Senator earlier this year. tion that would provide appropriate 110,000 registered nurses in this coun- This includes a broad range of con- compensation for those who may be in- try. According to the Department of servation interests such as Pheasants jured by the vaccine. Health and Human Services, this num- Forever, Audubon, Defenders of Wild- Mr. GREGG. I appreciate the Sen- ber will: more than double by 2010 to life, National Wildlife Federation, and ators’ interest in this area, and I be- 275,000; more than quadruple in 2015 to the International Association of Fish lieve we should work to pass legisla- 507,000; and reach 808,000 in 2020. and Wildlife Agencies. Notably, all 50 tion to provide appropriate compensa- The demand for nurses will increase state fish and wildlife agencies, includ- tion. I have scheduled a hearing in the as the 78 million baby boomers get ing the North Dakota Game and Fish Health, Education, Labor and Pensions older and start to need more health Department, support this program. Committee for next week that I hope care. The nursing shortage comes at a Because of this nationwide support, will delve into many of the questions time when nurses are being asked to do and our own understanding of the pro- we must address in crafting the appro- more: hospitals caring for more criti- gram’s commonsense approach to con- priate policy in this area. We are all in cally ill patients; nurses receiving servation, 28 Senators—myself in- agreement that we should work to ad- small pox vaccinations and giving cluded—signed a letter requesting an dress this issue in a timely manner, small pox vaccinations to patients; and increase from the fiscal year 2002 base and I will work with the Senator and the nurses in military reserves called of $85 million. leaders to ensure prompt consideration into active duty. I hope we will be able to increase the in the committee and on the floor of Most importantly, this nursing funding for this important program in the Senate of such legislation. shortage affects patient care. Nurses conference and that we will be able to Mr. KENNEDY. I am sure that my are on the front lines of health care ev- work across the aisle to restore much colleagues appreciate that imple- eryday in hospitals, nursing homes, needed funding for this program. In menting the smallpox plan will impose and home health agencies. A study fact, I hope we will be able to restore significant costs on many commu- published last year in the New England this funding to the $100 million level nities. We should provide additional re- Journal of Medicine found that nursing that was previously provided by the sources to allow communities to imple- shortages in hospitals are associated House. ment the plan without having to cur- with a higher risk of complications and The funding provided for the State tail other important health priorities. even death for patients. Wildlife Grants program in this bill Mr. GREGG. I will do my best to see Last year, Congress passed the bipar- will significantly help conserve declin- that appropriate funding is provided tisan Nurse Reinvestment Act as a ing wildlife, but a significantly strong- later in the year. down payment to help recruit and re- er commitment from the Federal Gov- Mr. FRIST. I join my colleagues in tain nurses, a first step to help address ernment is essential to address mount- their comments, and I am committed the nursing shortage. This bill alone ing conservation needs and, therefore, I to bringing legislation to provide ap- will not solve the nursing shortage. It am extremely disappointed that this propriate compensation to the floor does not address the fact that nurses funding has been cut even below the promptly and to address legitimate are underpaid, overworked, and under- previous Senate level. Instead, I sup- funding needs. valued. port the House position that provides Mr. KENNEDY. I thank my col- The Nurse Reinvestment Act does greater funding for this critical pro- leagues for their commitment to ad- three things. First, it helps bring men gram. dress these issues. and women into the nursing profession

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.120 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1451 by making nursing education more af- tional $700 million in borrowing au- structed in our region since 1987. In the fordable. It provides scholarships and thority for the Bonneville Power Ad- meantime, Northwest loads have been loan repayments in exchange for two ministration, BPA, which will allow growing steadily at a rate of 1.8 per- years of service in areas that need the agency to make much-needed im- cent per year. This load growth, com- nurses the most. provements in our region’s trans- bined with deregulation of wholesale Second, the Nurse Reinvestment Act mission grid, modernizing lines and re- power markets, has given rise to a 2 helps keep nurses in the profession by ducing bottlenecks. The borrowing au- percent per year rise in traffic on the providing additional education and thority will also allow BPA to fund transmission system. training opportunities and programs to new conservation and renewable energy In addition, the Northwest Power empower nurses. It provides financial initiatives and make improvements at Pool has estimated that winter peak assistance to pursue advanced degrees existing hydroelectric facilities, to load will have grown from 59,972 and training such as fostering men- make them more efficient and fish megawatts in 1998 to 66,952 megawatts toring programs, internships and friendly. by 2008 or, by 12 percent. But at the residencies, as well as specialized geri- This amendment is consistent with present rate of transmission invest- atric care training. It also supports current law, advances many of our ment—without the improvements this programs to encourage collaboration shared, bipartisan energy policy goals, amendment will allow—the system will with other health care professionals and represents a sound investment for have grown from only 61,415 circuit and promote nurse involvement in de- U.S. taxpayers. I would also point out miles in 1998 to 62,325 circuit miles in cision-making. Finally, it increases the to my colleagues that this amendment 2008—or, by 2 percent. In short, re- number of faculty in nursing education is similar to legislation passed as part gional transmission is not keeping up programs by forgiving loans in ex- of the Senate energy bill last spring, with load growth. change for a commitment to teach in a which contained $1.3 billion in addi- To remedy this situation—and in nursing school. tional BPA borrowing authority. Fur- keeping with its statutory obliga- Last year, Congress put nursing re- ther, it is consistent with the Presi- tions—BPA has identified 26 groups of cruitment and retention as a priority dent’s budget request for Fiscal Year needed transmission projects, for con- in our federal lawbooks. But this will 2003, which provided $700 million for struction and energization over the be a hollow opportunity if Congress this purpose. next 5 to 6 years. The first nine, some does not fund the Nurse Reinvestment The Bonneville Power Administra- of which are already underway, would Act this year. Congress must now put tion—created in 1937 under the Bonne- address the most critically constrained the Nurse Reinvestment Act as a pri- ville Project Act—has historically been pathways in our area. ority in the federal checkbook. Fund- one of the primary economic engines of The construction of additional trans- ing the Nurse Reinvestment Act in 2003 the Pacific Northwest. Today, BPA mission will reduce existing bottle- has bipartisan support from 37 Sen- owns and operates 75 percent of the necks, reinforce the system to assure ators. I also want to thank Senators high-voltage transmission system in minimal conformance with reliability KENNEDY, KERRY, JEFFORDS, CLINTON, the region, consistent with principles standards for major load centers such MURRAY, ROCKEFELLER, CORZINE, of non-discriminatory open access. My as Seattle, Portland and Spokane, and LIEBERMAN, COLLINS, SARBANES, LAU- colleagues may be interested to learn ultimately allow the integration of TENBERG, JOHNSON, BIDEN, CANTWELL, that among BPA’s various statutory more than 5,000 megawatts of new gen- SMITH, ROBERTS, and LANDRIEU for co- responsibilities included in the Pacific eration. I would also like to point out sponsoring my amendment. Northwest Power Planning and Con- that this amendment will aid in the ac- My amendment is endorsed by the servation Act of 1980 is that the agency quisition of new conservation and re- American Nurses Association, Amer- must ‘‘assure the Pacific Northwest of newable energy sources, as well as ican Association of Colleges of Nursing, an adequate, efficient, economical and make capital improvements on the 31- National League for Nursing, Emer- reliable power supply.’’ project federal hydroelectric system— gency Nurses Association, American Even more specifically, the Federal all of which are extremely important Association of Community Colleges, Columbia River Transmission System components of BPA’s multi-faceted American College of Nurse Practi- Act of 1974 stipulates that the BPA Ad- public purposes. tioners, National Association of Pedi- ministrator ‘‘shall operate and main- This amendment will enhance the re- atric Nurse Practitioners, Oncology tain the Federal transmission system liability of the northwest electricity Nursing Society, and the Maryland within the Pacific Northwest and shall grid—and, by extension, the western Nurses Association. Numerous other construct improvements, betterments, transmission system as a whole. It is groups support funding the Nurse Rein- and additions and replacements of such consistent with the missions this body vestment Act in 2003 including the system within the Pacific Northwest as set out for the Bonneville Power Ad- American Hospital Association, Amer- he determines are appropriate and re- ministration, dating back to 1937 and ican Health Care Association, and the quired to: . . . maintain the electrical in the legislative history spanning the Federation of American Hospitals. But stability and electrical reliability of 66 intervening years. And it represents most importantly, this amendment has the Federal system . . .’’ good energy policy today, which is why the support of patients who want to The additional borrowing authority FERC Chairman Pat Wood—in hearings have nurses when they need them. Pa- provided in this amendment will enable before the Senate Energy Committee tients across the country are depending Bonneville to uphold these crucial re- last year—voiced his strong support for on the Congress to help them. sponsibilities. It is also important to an increase in BPA borrowing author- This is my third nursing shortage as note that this infrastructure invest- ity. a United States Senator. I want to help ment is one for which U.S. taxpayers I thank Senator CRAIG for bringing find solutions so that it is the last would be repayed, with interest. As my this amendment to the floor today, as nursing shortage. I thank my col- colleagues may know, BPA makes pay- well as all of my Northwest colleagues. leagues for their support. I strongly ment to the U.S. Treasury on an an- I believe it has been a tremendous urge the House and Senate conferees on nual basis—from revenues it collects team effort that has spanned both a this bill to keep this $20 million to fund from northwest ratepayers. BPA ex- couple of years and the jurisdictions of the Nurse Reinvestment Act in the penditures thus do not place any long- the Senate Energy, Budget and of conference report. Patients, nurses, term burden on appropriated or trust course Appropriations Committees. I and health care facilities across the fund activities. Indeed, the principal on would also like to thank the Chairmen country are depending on your support. all BPA capital-borrowing costs is fully and Ranking Members of those Com- Ms. CANTWELL. Mr. President, I repaid, with legally-required, market- mittees for their support today. support the amendment offered by my determined interest. Again, I urge my colleagues to sup- colleague, Senator LARRY CRAIG, which Like most of the country, trans- port this amendment. I am proud to cosponsor along with the mission investment in the northwest Mr. DORGAN. Mr. President, I dis- entire Northwest delegation. This has lagged behind demand. No major cussed an item in the Energy Conserva- amendment would provide an addi- new transmission lines have been con- tion account with the distinguished

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.122 S23PT2 S1452 CONGRESSIONAL RECORD — SENATE January 23, 2003 managers of the Interior Appropria- Mr. President, I understand that the ommendations in the Tongass National tions chapter of this bill. I believe that House-passed version of the Fiscal Year Forest. In doing so, it waives two key the reliable, efficient, and clean gen- 2003 Department of the Interior and Re- environmental laws—laws that protect eration of electricity is vital to the lated Agencies Appropriations bill in- the right of the public to be involved in American economy. The Congress has cluded $3 million for this ‘‘applications decision-making—the National Envi- made important investments in fossil integration.’’ The Senate Committee ronmental Protection Act and the Na- energy research to improve the effi- report passed last summer is not spe- tional Forest Management Act. This ciency and reduce emissions of large, cific about how the Department should language will prevent the public, the central power generation technologies. allocate funds to the National Ac- states and the localities of their right In recent years the Appropriations counts Energy Alliance. I would hope to participate in the decision-making Committee has recommended increases that in conference we could accept the process. in what, I believe, are complementary specific funding level provided in the Even more egregious, section 329 pro- and equally important technologies House report for applications integra- hibits any judicial review or appeal of that generate power on a smaller, dis- tion including the National Accounts a decision on the Tongass Land Man- tributed generation scale. Energy Alliance. agement Plan—a decision that has not These smaller technologies, includ- Mr. BURNS. Mr. President, I thank even been made. So, before we know ing microtubines, fuel cells, recipro- the Senator from North Dakota for his what the decision is, this section says cating engines and industrial turbines, kind words as a member of the Interior there can be no more public input and range in size from only a few hundreds subcommittee. no judicial review. This is a very bad of kilowatts up to 30 megawatts and The Senator is correct. The House precedent. offer many benefits. For example, fuel has recommended $3 million for ‘‘appli- Judicial and public oversight are an cells and microturbines can be de- cations integration.’’ I say to the Sen- intrinsic part of the process of environ- ployed in urban areas to provide power ator that he is always a strong and mental decision-making. In fact, the where the construction of additional compelling advocate and that I will en- laws that govern management of our transmission and distribution lines is deavor to give his request every favor- public lands are built on these prin- not practical because of the crowded able consideration within the limita- ciples of judicial and public oversight. conditions. Ironically, these same sys- tions that will confront the conferees These are our public lands, and we all tems are well suited for use in rural on this bill. have a right to take part in deciding areas, as well, where the cost of con- Mr. BYRD. Mr. President, I appre- how they are managed, how they are structing electric lines to serve only a ciate the Senator from North Dakota protected, and how they are exploited. few customers may be prohibitive. for bringing this matter to our atten- Stripping away the ability of the These onsite power generation sys- tion. I, too, will work with him during American people to take part in the tems are highly reliable. They are not the conference in support of his reprocess is contrary to the spirit of our vulnerable to power line failures quest. laws. caused by weather or manmade cir- Mr. DORGAN. Mr. President, I thank One hundred years ago, Republican cumstances. Moreover, their smaller the Senators. President Teddy Roosevelt established scale often allows distributed energy Mrs. BOXER. Mr. President, I had the Tongass National Forest in Alaska technologies to be located in areas planned to offer an amendment to with the support of the Alaskan people. where exhaust heat from the genera- eliminate a dangerous anti-environ- For the last hundred years we have tors can be utilized rather than re- mental rider that was slipped into this managed the Tongass in concert with leased into the atmosphere. When used bill. I am not going to offer that the wishes of the public because we in a combined heating and or cooling amendment today because I believe the have had public participation. mode, distributed energy devices can best strategy is to strip it in con- This rider ignores history, it ignores attain efficiencies in excess of 80 per- ference. our environmental laws and it creates cent. However, I want to take just a couple dangerous precedent. The wise research investments rec- of minutes to let my colleagues know It is dangerous because it is a back ommended by the Committee will help about this rider and to explain the bad door attempt to silence the public. It is conserve our important domestic en- precedent we would be setting. dangerous because it is a back door at- ergy resources, reduce environmental In the National Forest Management tempt to override our laws, laws passed emissions, and help American compa- Act, Congress requires a review of by this Congress after extensive de- nies and their employees maintain U.S. roadless areas for possible designation bate. It is dangerous because it is a leadership in global markets for these as wilderness areas. Under the National backdoor attempt to eliminate the nor- technologies. I compliment the Sen- Environmental Protection Act we also mal checks and balances that are in- ators from Montana and West Virginia require that this process involve the herent in our system. And it is a dan- for their leadership in this allocation public and the right to appeal those de- gerous thing for those of us who have of scarce resources available to the cisions. pristine lands in our states. Committee. In 1997 a management plan for the Mr. GREGG. Mr. President, I rise to Through the National Accounts En- Tongass National Forest was proposed express opposition to a provision in the ergy Alliance, the natural gas industry that did not adequately address the bill that syphons off critically needed has worked closely with leading com- question of wilderness designations. In enforcement funds in order to create an mercial and industrial companies who response, a federal district court in unnecessary bureaucracy. are logical candidates to use these dis- Alaska ordered the Forest Service to The bill instructs the Secretary of tributed energy technologies as they complete a supplemental evaluation of Labor to create an Office of Pension become ready for testing in the market possible wilderness areas. The Draft Participant Advocacy. Committee lan- place. This is a partnership between was released in May of 2002, with 8 al- guage indicates that this office is to government and the private sector. It ternatives. The administration’s preserve as a career ombudsman in the De- marries the technology developers with ferred alternative was no additional partment to advise Congress and the the technology users such as major wilderness areas. A final recommenda- administration on necessary changes in grocery stores, restaurant chains, and tion is due to be released in February. policies to address problems affecting building developers. Most important, At that point, the public has the oppor- pension participants. It would also be the Alliance serves to ensure that mar- tunity to appeal the agency’s decisions charged with coordinating public and ket requirements are fully understood through the administrative process, private efforts to assist participants by those who develop the technologies and if necessary to make use of the and provide meaningful information. and that field testing in specific appli- courts. At this time of heightened concern cations, which is essential to market Section 329 of the Interior Appropria- for pension plan stability, it makes no acceptance and technology improve- tions section of this bill would elimi- sense to curtail the enforcement budg- ment, is an integral part of the devel- nate judicial and public oversight of et of the Pension & Welfare Benefits opment process. U.S. Forest Service wilderness rec- Administration (PWBA). President

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.223 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1453 Bush had requested an additional $3 this informal process over the last five nomic havoc that oil markets experi- million for enforcement and compli- years. These dollars are separate from enced during such incidents as the ance activities. This bill takes that $3 any amounts recovered through the Arab oil embargo. Decisions to with- million and puts it instead in the sepa- formal investigative process. draw crude oil from the SPR during an rate Management account to create a Complaint referrals from PWBA’s energy emergency are made by the new, unnecessary office. benefits advisors have become the best President under the authorities of the With every new corporate scandal, source of investigative case leads. If a Energy Policy and Conservation Act. pension plan stability is put in doubt, complaint from an individual appears It is important to extend the SPR au- and the PWBA is called into action. to indicate a fiduciary violation by the thority on this legislation. While it There is every reason to believe that plan or a matter that impacts several may be possible to move legislation Fiscal Year 2003 will be one of the participants and not just one indi- through the Energy Committee, there agency’s busiest every. Yet the money vidual, then that inquiry is referred to is no guarantee that a separate bill needed for enforcement has been dian investigator. would be completed and on the Presi- verted to create a new bureaucracy According to statistics from the dent’s desk before September 30. There- that duplicates current functions. PWBA, last year 1,263 investigations fore, the prudent thing for the Senate Since the collapse of Enron, more were opened as a result of referrals to do is to add this language to the Americans than ever have learned of from the Benefits Advisors; 1,238 inves- Omnibus Appropriation bill. Such pre- the important and effective work of the tigations were closed with over $111 cautionary action has already been PWBA. We all hailed the agency’s ac- million in monetary results. taken with regard to Price Anderson tion in ousting the Enron pension plan The proposed research functions of authority which does not expire until board of trustees, and putting outside the Office of Pension Participant Advo- the end in 2004. experts in their place. The PWBA’s pro- cate also duplicate important research My amendment incorporates the file has never been higher, and its of the General Accounting Office and exact language that was agreed to last needs have never been greater. Now is investigations of the Department’s In- fall by the House and Senate conferees the time to fund pension plan enforce- spector General. on H.R. 4, the comprehensive energy ment. It is premature to establish an Office bill. If this provision in the appropria- of Pension Participant Advocacy since The amendment: tions bill is allowed to become law, it is the subject of ongoing legislative Permanently authorizes the Stra- pension plan participants will be the debate. Last year, the Health, Edu- tegic Petroleum Reserve and our par- losers. Enforcement efforts by the De- cation, Labor and Pensions Committee ticipation in the International Energy partment of Labor in their behalf will narrowly reported out a pension reform program. be curtailed. The money for enforcing bill that included a section creating an Codifies current Administration pol- their claims will have been diverted to office of Pension Participant Advocacy icy that the reserve be filled to 700 mil- decorate new offices for bureaucrats. with wider scope than is included in lion barrels which is its current capac- As the chairman of the authorizing this appropriations bill. This year, the ity. This does not affect the Adminis- Committee for the Department of Democrat pension bill, S. 9, fails to in- tration’s discretion to adjust the tim- Labor, I am strongly opposed to efforts clude this controversial and unneces- ing and extent of fill in light of market to restructure an important function of sary bureaucracy. conditions. the Department. Likewise, I object to The ERISA Industry Committee Permanently authorizes the North- efforts to divert resources away from makes the point quite succinctly in a east Heating Oil Reserve program. needed investigations, compliance ef- letter to every Senator: ‘‘the creation Current market disruptions such as forts, and participant education. I op- of a new office in the federal govern- political unrest in Venezuela and the pose the creation of an Office of Pen- ment should be subject of full debate in potential threat of a war with Iraq sion Participant Advocacy at this time the light of day. New government bu- have already led to unusually high oil and in this manner. reaucracy should not be established by prices and talk of potentially tapping It must be recognized that the cre- adding provisions to appropriations the SPR. In the current market con- ation of such an Office is already with- bills, the language of which is unavail- text, operation of the SPR should be a in the management prerogative of the able to the public until after Com- top concern to all Senators. Secretary of Labor. She could create a mittee consideration.’’ I share their For the benefit of my colleagues, I separate office under current authority concerns. thought I would talk a little about the and resources. The proposal in the Therefore, it is inappropriate current situation regarding oil produc- committee report language in essence through this bill to divert and restruc- tion in two important oil producing micro-manages the Department. ture the important work of the Depart- states—Venezuela & Iraq. The current The proposed functions of the Office ment of Labor in protecting workers’ uncertainty over production in Ven- of Pension Participant Advocacy are pensions. I regret the manner in which ezuela and the possibility of war with duplicative of the ongoing functions of this provision was added to this legisla- Iraq has contributed to the high oil Pension and Welfare Benefits Adminis- tion and I will work to oppose it at prices we see today. tration (PWBA) of the Department of every turn. On December 2, oil workers opposed Labor. Mr. BINGAMAN. Mr. President, I to Venezuelan President Chavez, initi- Today there are more than 100 highly submitted an amendment to extend the ated a general strike, now in its 53rd trained and dedicated Benefits Advi- authority for the Strategic Petroleum day. The strike has nearly shut down sors working out of PWBA’s national Reserve. The Strategic Petroleum Re- the government-owned oil company office and 15 field offices located serve, SPR, is the major tool the PdVSA. Production has dropped from throughout the country. In 1996, PWBA United States has to deal with the im- 2.7 million barrels per day to less than had only 12 Benefits Advisors all lo- pact of a significant disruption in oil half a million. At the same time, world cated in the national office. supplies. Current authorizations to the oil prices, currently at a 2 year high, The creation of this team of Benefits President to release or drawdown oil have risen more than $8 per barrel, or Advisors represents a serious commit- from the SPR will expire on September 30 percent since the strike began. Oil ment on the part of the Department to 30, 2003. market experts attribute half of the protecting the rights of and helping Release of oil from the SPR, in co- price increase to the political unrest workers obtain the benefits to which ordination with stock drawdowns with and production uncertainty in Ven- they are entitled. other consumer nations is done pursu- ezuela. The Benefits Advisors handled 170,000 ant to the International Energy Agen- The U.S. imports a significant inquiries in 2001 and recovered over $64 cy’s International Energy Program, amount of Venezuelan crude. Roughly million in benefits for participants and IEP, Agreement. Actions taken under 16 percent of U.S. imports come from beneficiaries through informed indi- this agreement seek to add more sup- Venezuela, or what on average vidual dispute resolution. Over $250 ply to a tight market, reducing the amounts to more than a million barrels million have been obtained through possibility of price spikes and eco- per day, according to the EIA. In the

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.229 S23PT2 S1454 CONGRESSIONAL RECORD — SENATE January 23, 2003 absence of Venezuelan imports, U.S. re- that every inch of this freedom was en and raped by roadside bandits. Only finers have had to dip into their own bought for them at a great price. It is 11 percent of girls can read and write inventory stocks and resort to using for them to show their gratitude by and only 16 percent of women over 16 other crudes. Absent Venezuelan im- helping onward the reforms of their years old are literate and yet young ports, the U.S. has increased its import own times, by spreading the light of girls are prevented by violence from of Iraqi crude in the last month. freedom and of truth still wider. The getting the education they need. This Even though OPEC overproduction debt that each generation owes to the cannot continue. If we hope to see the helped cushion the strike’s impact at past it must pay to the future.’’ If I roots of democracy take hold and flour- the outset, U.S. refiners had to turn to think about my own life and the many ish in Afghanistan, then we must be their own inventories and to Iraqi blessings and freedoms that have been willing to make a long term commit- crude to make up for lost imports. bestowed on me by my foremothers, I ment to restoring justice and equality Those inventories are already below am mindful of the awesome responsi- for all. normal operational inventory level. bility I bear to ‘‘onward the reform of I am sad to report that a lot has been Even if the strike were to end today, my times.’’ It occurs to me that when said about our level of commitment to experts are unsure how long it will Ms. Duniway made this statement she the Afghan people, but so far, there has take to bring Venezuelan crude produc- did not mean to infer that this respon- been more talk than action. On Octo- tion back to its pre-strike level of sibility went only as far as the Amer- ber 4, 2001, President Bush pledged that three million barrels per day. It is un- ican border, but rather to the women of ‘‘America will stand strong and oppose clear how carefully the oil wells in the world. the sponsors of terror. And America PdVSA’s fields were shut down improp- With this in mind, I rise in support of will stand strong and help those who erly, it may take more than six months an amendment offered by Senator are hurt by those regimes.’’ Three to bring them back online. SNOWE and myself which attempts to months later, he confirmed this com- Although some strikers have re- help ensure that the women of Afghani- mitment in saying, ‘‘Thanks to our turned to work and the government stan go to sleep at night covered by the military and our allies and the brave succeeded in pumping up light crude same security blanket of freedom and fighters of Afghanistan, the Taliban re- production, Venezuela has not been democracy that the women of America gime has come to an end. Yet our re- able to restart production of its trade- enjoy. As you well know, Mr. Presi- sponsibilities to the people of Afghani- mark heavy crude. To add to the uncer- dent, it has been a long time since the stan have not ended.’’ Two months tainty, Venezuela’s Central Bank people of Afghanistan have enjoyed later, he sent a budget to Congress that closed the country’s foreign exchange such freedoms. For years, they suffered did not have one red penny for aid to market on Wednesday frustrating oil under one of the most brutal regimes Afghanistan. operators’ ability to convert currency. in modern history. Instead of listing I am glad that my colleagues in the The reliability of Iraqi crude supplies for my colleagues the rules imposed Senate, on both sides of the aisle, un- going forward is also uncertain. and the rights denied to women, I derstand that actions speak louder The threat of war with Iraq has con- would like to read two excerpts from than words. In July, the Senate Appro- tributed to unusually high oil prices an article by Jan Goodwin published in priations Committee passed a bill that and talk of potentially tapping into the 1998, entitled, ‘‘Buried Alive: Afghan included $150 million in military and SPR. This region’s importance to the Women Under the Taliban.’’ humanitarian aid to Afghanistan. The stability of not only U.S. but also Thirty thousand men and boys poured into bill before us now goes even farther, in- world markets cannot be understated. the dilapidated Olympic sports stadium in cluding a total of $220 million in aid. I Iraq represents 6 percent of U.S. pe- Kabul. Street hawkers peddled nuts, biscuits would like to thank the Chair and troleum imports and the Persian Gulf and tea to the waiting crowd. The scheduled ranking member of the subcommittee, region represents 25 percent. If mili- entertainment? They were waiting to see a Senators MC ONNELL EAHY tary conflict disrupts oil imports from young woman, Sohaila, receive 100 lashes for C and L for Iraq or other gulf states, the larger walking with a man who was not a relative their leadership in this regard. In offer- . . . Since she was single it was punishable ing this amendment, Senator SNOWE shortfall may exceed OPEC’s leftover by flogging; had she been married, she would capacity. Even under a benign war sce- and I propose that we go even one step have been stoned to death. further. What it does is proposes that nario, panicked buying and a rise in Not so long ago, a young mother, Torpeka, crude prices would still occur at the was shot repeatedly by the Taliban while while the amount of money appro- outset of the conflict. Price estimates rushing her seriously ill toddler to the doc- priated is, of course, important to the from oil analysts at the Center for tor. Veiled as the law requires, she was spot- overall success of our efforts in Af- Strategic and International Studies ted by a teenage Taliban guard, authorized ghanistan, so is the way in which it is to use weapons against women if they decide spent. range up to $80 barrel oil for the worst they are breaking the law, tried to stop her case scenario. Its purpose is twofold. First, it re- because women are not supposed to leave serves $8 million, approximately 10 per- In addition to the impact of a war on their homes. Afraid her child would die if she oil from Iraq, we cannot be certain were delayed, she continued. The guard cent of the total funds appropriated for about Iraqi production after a conflict aimed his machine gun and fired several humanitarian aid, for programs to sup- is concluded. If Iraqi oil fields are dam- rounds. port women’s development in Afghani- aged during the war, Iraqi production Now, one may think that was yester- stan, including girls’ and women’s edu- could be reduced for a longer period of day and this is today. Yet, I am here to cation, health, legal and social rights, time. tell you that while the Taliban may no economic opportunities, and political In this period of very tight oil mar- longer be in power, their legacy re- participation. These programs should kets and continuing uncertainty about mains. For instance, a September 26, be long term in nature and invest in in- both Venezuelan and Iraqi production, 2002 Washington Post article detailed frastructure development in Afghani- we may have to look very seriously at what it is like for a woman to give stan. What I mean by this is, there are releasing oil from the Strategic Petro- birth to a baby in a ‘‘Taliban-free’’ Af- two ways to address the lack of wom- leum Reserve this year. We should not ghanistan. Even now, women continue en’s health in this country, you can set take the risk that our authority to use to be banned by their husbands and fa- up temporary immunization and nutri- the SPR will expire in September. I thers from giving birth in hospitals or tion centers or you can help build a urge my colleagues to vote for my receiving medical care during labor. women’s health center and train physi- amendment and re-authorize SPR au- Even if they are able to access care, cians to work there. I am certain that thority now. there is often no care to be had. As a USAID is doing the former, but I would Ms. LANDRIEU. Mr. President, as result, women are forced to have babies like to suggest that we need to do more Abigail Scott Duniway, a leader in the on a dirt floor with no help from any- of the latter. This amendment is de- women’s suffrage movement, once said, one but their untrained female rel- signed to move us in that direction. ‘‘the young women of today, free to atives. Secondly, this amendment is struc- study, to speak, to write, to choose Young girls traveling to schools on tured in such a way to ensure that their occupation, should remember country roads are systematically beat- these funds are channeled through

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.231 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1455 women-focused, women-run govern- not squander a single day addressing nities, we expect them to keep our mental and nongovernmental organiza- them. An independent task force, homes and families safe from thieves, tions. As you can imagine, the women chaired by former Senators Gary Hart and we expect them to make us feel se- of Afghanistan are more likely to ac- and Warren Rudman, recently advised cure when we walk through our neigh- cess the services and support necessary that ‘‘America remains dangerously borhoods. We’re well aware that the to ensure their long-term economic unprepared to prevent and respond to a States are facing a severe fiscal crisis— independence and health if they trust catastrophic attack on U.S. soil.’’ We some $75 billion collectively—what pri- that the person providing the service is must act to ensure that the functions ority does it reflect to cut back on sup- not the enemy. Even during the needed to better protect our borders, port to local law enforcement in this Taliban regime, it was women’s organi- coasts, cities, and towns have suffi- budget and security environment? A zations, run by extremely brave cient resources to do so. wrong-headed one, in my estimation. Afghani women, who were fighting to Specifically, I believe this bill should The increased accountability and protect women from violence and have provided more money to states teacher quality requirements of the No death. It will take time before the and localities to implement President Child Left Behind Act necessitate a women there are able to trust in their Bush’s smallpox vaccination plan, to significant investment in our schools, government to protect and provide for make the radio equipment of first re- but the omnibus appropriations bill be- their needs. sponders interoperable, and provide fore the Senate falls short of the need- I am proud of this amendment. It is emergency planning and training for ed investment. We must do everything the first step in a road with many terrorist attacks. This bill should have possible to ensure that all children can steps. I thank the Chair and the rank- made critical investments in our pre- learn to high standards, which is the ing member for their leadership and paredness for biological attack. It goal of the No Child Left Behind Act. foresight in agreeing to accept it. I should have included more funding to States, districts, schools, and teachers look forward to working with com- fortify our borders by funding such are diligently working to meet the mittee and with USAID to ensure that things as additional Coast Guard patrol stringent requirements of the new law we use this money to ‘‘onward the re- boats and improvements to the INS at a time when they are facing shrink- form of our times.’’ entry and exit system. ing education budgets due to the state Mr. KERRY. Mr. President, I oppose Last year I was very involved in the fiscal crisis. Twelve states cut K–12 the passage of H.J. Res. 2, the Omnibus development of the new port security education spending last year and an- Appropriations Resolution, because it law, which included new rigorous secu- other eleven are poised to do so this does not provide appropriate levels of rity requirements for our ports. I also year. funding for the important priorities worked hard to enact the Aviation Se- The omnibus appropriations bill in- facing our Nation. First, the Repub- curity Act to provide increased secu- cludes an increase of only $1 billion for lican majority and the Bush adminis- rity at our airports. Given the the Title I program—the education pro- tration have set an arbitrary cap on vulnerabilities that we know exist in gram that provides resources for the spending that is inadequate to meet our port and airport security, I am most economically disadvantaged stu- the needs of our Nation with respect to deeply disappointed that the Senate dents in the country. This amount is homeland security, education, vet- would opt to provide insufficient fund- $4.65 billion short of the level author- eran’s health care, housing, highway ing to address these problems. The ized by the No Child Left Behind Act. funding, Amtrak, and other important need to fully fund the TSA cannot be The Department of Education an- domestic priorities. Second, the Repub- overstated; installing baggage screen- nounced that 8,652 schools will begin lican majority forced a $9.8 billion re- ing equipment in the top 40 U.S. air- the 2002–2003 school year ‘‘in need of duction in domestic spending made ports alone is expected to cost billions, improvement.’’ How will these schools available in the Senate Appropriations and to date only one major airport has be able to perform if they are not pro- Committee-passed bills last year. Fi- installed the necessary equipment vided with the resources to attract and nally, this legislation includes a provi- mandated by the Aviation Security retain high-quality teachers and to im- sion which would impose a 1.6 percent Act. We cannot hope to maintain the plement reforms that will ensure all across-the-board reduction on all do- confidence of the American people in children can learn to high standards? mestic spending and Senator GREGG’s our ability to secure the nation’s As I stated many times during debates amendment increased that across-the- transportation system if we fail to ade- on the No Child Left Behind Act, tough board cut to 2.9 percent. Together, quately fund the legislation we’ve accountability requirements without these actions will dramatically reduce passed to achieve that goal. These insufficient resources to meet the re- domestic spending and will force puni- vestments are essential if we are to be quirements is cruel to students, teach- tive cuts in many programs crucial to fully protected from those who threat- ers, administrators, and parents. Ulti- the future of our low- and moderate-in- en our freedom. mately it will undermine the success of come families, our children, and our I am also concerned that the omnibus this education law. economy. It is obvious that the Repub- appropriations resolution eviscerates I strongly believe we must include lican majority has been forced to im- the Byrne program. The Byrne pro- additional funding in the omnibus ap- pose these dramatic spending cuts in gram provides a flexible source of fund- propriations resolution to increase the order to hide the huge costs of the tax ing to state and local law enforcement maximum Pell grant award from $4,100 legislation enacted in the 107th Con- agencies to help fight crime by funding to $4,500. Pell grants are extremely im- gress—the benefits of which will accrue drug enforcement task forces, more portant in helping financially needy primarily to the wealthiest in our soci- cops on the street, improved tech- students enroll and stay in college, ety. nology, and other anti-crime efforts. many of whom would not otherwise I strongly believe that the level of Massachusetts received over $11.5 mil- have the opportunity to attend college. funding included in the omnibus appro- lion in Byrne funding last year. On According to ‘‘Empty Promises’’, a re- priations resolution to improve our countless occasions I have heard from port released in June 2002 by the con- homeland security is not sufficient and law enforcement officers from Massa- gressionally mandated Advisory Com- that additional funding is necessary for chusetts about the value of the Byrne mittee on Student Financial Assist- several critical initiatives aimed at program to their crime fighting efforts. ance: strengthening our efforts to protect The war against terror has placed un- . . . this year alone due to record-high fi- America and its interests. It is unbe- precedented demands on State and nancial barriers, nearly one-half of all col- lievable to me that the President can local law enforcement to prevent ter- lege-qualified, low- and moderate-income propose an additional $674 billion tax rorist attacks and to respond to an at- high school graduates—over 400,000 students cut, but can’t make a sufficient invest- tack should one occur. But fighting the fully prepared to attend a four-year college— ment in homeland security, which war on terror is not the only job that will be unable to do so, and 170,000 of these should be our first priority. we expect police officers to do. We also students will attend no college at all. Vulnerabilities exist in our homeland expect them to combat the prevalence If we are to reduce income inequality security infrastructure and we should of drugs in our cities and rural commu- in this country, then we must support

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.124 S23PT2 S1456 CONGRESSIONAL RECORD — SENATE January 23, 2003 students who are academically pre- the number of families that have worst portant to pass a bill, that does not pared to attend college, but do not case housing needs has increased by 12 mean we should pass this bill. have the financial means to do so on percent—that’s 600,000 more American Last year, the Democratic-led Appro- their own. Unfortunately, this funding families that cannot afford a decent priations Committee completed its was not included in the spending bill and safe place to live. work on all 13 appropriations bills. The we are considering today. Our Nation’s Earlier this month, HUD also an- new Republican majority took those schools and our children deserve bet- nounced plans to dramatically reduce bills and had one mission: cut, cut, cut. ter. the amount of funding available for the The FBI was cut $388 million, elimi- Today, we are not meeting our prom- operation of public housing by up to 30 nating over 1000 FBI agents and sur- ises to our veterans. The Department percent. This would cost the city of veillance aircraft used to respond to of Veterans Affairs—VA—has consist- Boston approximately $13 million in terrorist attacks. ently received inadequate resources to housing funding during fiscal year 2003. The Food Safety Inspection Service meet rising medical costs and a grow- This additional across-the-board cut was cut $28 million, eliminating over ing demand for its health services. In would impose even further cuts in the 600 food safety inspectors. November 2001, Secretary of Veterans operation of public housing. This is Affairs Principi identified a $400 mil- simply unacceptable to those who de- The National Institutes of Health lion funding shortfall for fiscal year pend upon housing assistance. was cut $809 million, reducing the 2002. As a result of this shortfall, more I am also very disappointed at the in- budget for biodefense by 46 percent and than 300,000 veterans throughout the clusion of Section 213 in VA-HUD and abandoning the plan to double the country are on waiting lists for med- Independent Agencies section of the health research budget over five ical care, and many must wait 6 omnibus appropriations resolution. years—a goal that I worked to estab- months or longer for an appointment This provision repeals of Section 9(n)(1) lish when I was a member of the Senate to see medical staff. Although Congress of the United States Housing Act and Budget Committee. provided $417 million for veterans Section 226 of the Department of Vet- The Veterans Administration was cut health care as part of the FY 2002 erans Affairs and Housing and Urban $692 million, meaning that over 200,000 emergency supplemental spending bill, Development, and Independent Agen- veterans will go without medical serv- passed in July 2002, the President cies Appropriations Act, 1999. Repeal- ices and another 200,000 will remain on agreed to spend only $142 million of the ing this important law will stop 7,000 the waiting list for care. approved funds. In addition to the fact locally developed housing units in the Head Start was cut over $395 million, that the VA health system must now State of New York and 5,000 housing depriving over 21,000 children of early overcome the severely inadequate units in the Commonwealth of Massa- education. amount provided in fiscal year 2002, the chusetts from being eligible for public And the funding for After-School pro- VA has also been operating at last housing operating and capital funds grams—the provision of the No Child year’s funding level since the onset of from HUD. Those who receive public Left Behind Act that I authored with the 2003 fiscal year in October. housing assistance in Massachusetts Senator ENSIGN—was cut $90 million, This funding crisis has forced the VA and around the Nation deserve better. meaning that 130,000 additional kids health system to resort to short-term Above and beyond those issues, I will not be able to participate in after- fixes, such as discontinuing outreach have significant concerns about the school programs and will be left alone activities in an effort to reduce enroll- anti-environmental riders in this pack- on the streets after school gets out. ment, instituting new regulations that age. The Tongass Rider, a prime exam- These cuts are not acceptable. Yes, require the rationing of health care, ple, locks citizens out of the courts, we need to pass the appropriations and most recently excluding priority thwarting legal challenges to the Bush bills, but not this way. We should go eight veterans from care. Moreover, administration’s rewrite of the back to the drawing board and do it the VA has already reduced services at Tongass’ land management plan and its right. a number of facilities throughout the failure to recommend any new wilder- country and has closed some facilities ness in the nation’s largest intact tem- Mr. MCCAIN. Mr. President, like altogether. It is crucial for the VA to perate rainforest. The Yazoo Pumps many of my colleagues, I am very con- receive an appropriate increase in fis- rider expedites construction of the cerned about the growing number of cal year 2003 medical care funding. For largest water pump project in the uninsured Americans. This vulnerable this reason I circulated a letter co- world right on the Lower Mississippi population reached an estimated 41.2 signed by 39 of my colleagues, urging River Basin, destroying as much as million in 2001 and has surely grown the appropriations committee to assure 200,000 acres of ecologically rich wet- during the recent economic down turn. that the $23.9 billion previously pro- lands—not even the administration I believe this is a serious problem fac- vided in both the Senate and the House recommended funding for the Yazoo ing our Nation and I am committed to Appropriations Committee bills—a $1.2 Pumps in its fiscal year 2003 budget. working with my colleagues to reduce billion increase over the President’s re- These are serious riders affecting our the number of uninsured Americans, to quest—was not decreased. Instead, the Nation’s wild lands in serious ways and address their needs and to help all Republican majority has decided to im- they do not belong in any legislation Americans access affordable health pose a 2.9 percent reduction to this passed by the Senate, much less tacked care. It is because of this commitment funding level. Our nation’s veterans de- on in a sneaky manner as riders to this that I strongly support the Community serve better. omnibus bill. Access Program (CAP) and I am Today, our nation is also facing an The funding levels included by the pleased to see that it has been fully affordable housing crisis. For thou- Republican majority in the omnibus funded for fiscal year 2003 in the Sen- sands upon thousands of low-income appropriations resolution and sup- ate-passed bill. families with children, the disabled, ported by the Bush administration are In my home State of Arizona and and the elderly, privately owned afford- simply inadequate to meet our Na- across the country, the CAP program able housing is simply out of reach. Re- tion’s education, homeland security, has helped many hardworking Ameri- cent changes in the housing market veterans and housing needs. Our Na- cans, who are neither eligible for State have further limited the availability of tion deserves better. That is why I will assistance or employer-based insur- affordable housing across the country, oppose this legislation and I ask all of ance, obtain access to health care. Five while the growth in our economy in the my colleagues to oppose this bill as CAP programs currently operate in Ar- last decade has dramatically increased well. izona. All of them function differently, the cost of the housing that remains. Mrs. BOXER. Mr. President, I will but together the programs help thou- The Department of Housing and vote against the omnibus appropria- sands of Arizonans access affordable Urban Development, HUD, estimates tions bill. health care. These programs are par- that more than 5 million American I agree that it is important to com- ticularly critical in the southern bor- households have what is considered plete work on the fiscal year 2003 ap- der region of and in the northern rural ‘‘worst case’’ housing needs. Since 1990, propriations bills. But, while it is im- areas of my State, where the programs

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.125 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1457 provide outreach services to low-in- The legislative clerk called the roll. The PRESIDING OFFICER. The ma- come and non-English speaking pa- Mr. REID. I announce that the Sen- jority leader. tients. One program, the Pima Commu- ator from Iowa (Mr. HARKIN) and the Mr. FRIST. Mr. President, I want to nity Access Program (PCAP) works Senator from Hawaii (Mr. INOUYE) are express my deep appreciation to the with doctors and hospitals to negotiate necessarily absent. chairman of the Appropriations Com- reduced rates for its members, and in The PRESIDING OFFICER. Are there mittee, to the distinguished ranking some cases has successfully reduced any other Senators in the Chamber de- member, Senator BYRD, and to their the cost below that of our state Med- siring to vote? staffs who very patiently for the last icaid program. The result was announced—yeas 69, week have been working on this lit- The simple fact is that these pro- nays 29, as follows: erally 24 hours a day. Terry Sauvain grams are providing an invaluable serv- [Rollcall Vote No. 28 Leg.] and Steven Cortese have really showed ice for the people of my State and YEAS—69 great leadership throughout on the completion of a very critical bill. I es- across the country. CAP is one of sev- Alexander Craig McConnell eral federally funded programs that Allard Crapo Mikulski pecially thank the staffs very much exist to provide assistance to the unin- Allen DeWine Miller but also the chairman and the ranking sured. It is a merit-based grant pro- Baucus Dole Murkowski member. Bayh Domenici Murray Mr. MCCAIN. Mr. President, I have a gram that allows local communities to Bennett Dorgan Nelson (FL) develop plans that will best provide as- Bingaman Ensign Nelson (NE) long statement concerning the bill. sistance to their uninsured popu- Bond Enzi Nickles There are colleagues of mine waiting. lations. I believe that not only do we Breaux Frist Pryor Senator KYL, my friend and colleague Brownback Graham (SC) Roberts from Arizona, would like to talk about need to ensure funding for this impor- Bunning Grassley Santorum tant program, but we must also look Burns Gregg Sessions Korea. But I want to talk about the towards expanding other successful Byrd Hagel Shelby sense-of-the-Senate amendment on Campbell Hatch Smith programs and creating new innovative Korea. Cantwell Hollings Snowe First, I would like to make a few programs, like CAP, to address the Carper Hutchison Specter comments about the bill that just needs of this vulnerable population. Chafee Inhofe Stevens Chambliss Kyl Sununu passed. This is a very massive piece of Mr. STEVENS. Mr. President, third Cochran Landrieu Talent legislation. Obviously, there were reading. Coleman Lincoln Thomas many legislative authorizations about The PRESIDING OFFICER. The Collins Lott Voinovich which I was pleased to hear the distin- question is on the engrossment of the Conrad Lugar Warner Cornyn McCain Wyden guished chairman of the Appropria- amendments and third reading of the tions Committee complain. But there bill. NAYS—29 are several in the area of water The amendments were ordered to be Akaka Feingold Leahy projects—the Yazoo Pump project in engrossed, and the bill to be read the Biden Feinstein Levin Boxer Fitzgerald central Mississippi and Devils Lake in third time. Lieberman Clinton Graham (FL) Reed North Dakota. The bill was read the third time. Corzine Jeffords Reid I would like to point out a couple of Mr. STEVENS. Mr. President, I yield Daschle Johnson Rockefeller Dayton Kennedy items of interest. to the majority leader. Sarbanes Report language directs the Agency Dodd Kerry Schumer The PRESIDING OFFICER. The ma- Durbin Kohl Stabenow for International Development to pro- jority leader is recognized. Edwards Lautenberg vide at least $2.5 million to the Orang- Mr. FRIST. Mr. President, shortly we NOT VOTING—2 utan Foundation located in Indonesia. will be having our last vote of the Harkin Inouye The foundation likes to call the orang- evening on passage of the appropria- utan ‘‘the neglected ap.’’ Luckily for So the bill (H.J. Res. 2), as amended, tions bill. I congratulate our two man- them, they are not being neglected by was passed. agers, and I thank all of our Members the Appropriations Committee. The ap- (The bill will be printed in a future for their cooperation. propriators not only like orangutan, edition of the RECORD.) I will outline what our schedule will they are also fond of gorillas. The com- Mr. STEVENS. Mr. President, I move be so Members can plan. The Senate mittee gave $1.5 million to groups such to reconsider the vote. will be in a pro forma session on Fri- as the Dian Fossey Gorilla Fund. day. No business will be conducted to- Mrs. HUTCHISON. I move to lay that I do not know why we stop at goril- morrow. The Senate will not be in ses- motion on the table. las. What about man’s best friend? sion on Monday. We will next convene The motion to lay on the table was What about other species around the on Tuesday. agreed to. world that are endangered? I am sure As a reminder, the President will de- The PRESIDING OFFICER. Under that animal lovers throughout the liver his State of the Union Address on the previous order, the Senate insists world would be pleased to know that Tuesday evening and Senators are on its amendments and requests a con- we are not just selecting orangutans asked to be in the Chamber beginning ference with the House on the dis- and gorillas for millions of the tax- at 8:30 that evening. I expect there will agreeing votes of the two Houses and payers’ dollars, which brings us to the be several important nominations the Chair appoints 29 members of the lowly catfish. available for consideration next week. Appropriations Committee as conferees Many of my colleagues will remem- In addition, there may be other legis- on the part of the Senate. ber that last year the lowly catfish was lative matters and therefore rollcall The Presiding Officer appointed Sen- designated as not a catfish but basa, votes are possible during next week’s ators STEVENS, COCHRAN, SPECTER, depending on where it was raised. If it session. I do not anticipate any rollcall DOMENICI, BOND, MCCONNELL, BURNS, was raised in a pond in Vietnam, it was votes prior to Wednesday of next week. SHELBY, GREGG, BENNETT, CAMPBELL, called basa. If it was raised in Arkan- There will be further announcements CRAIG, HUTCHISON, DEWINE, sas, Mississippi, or other Southern as scheduling of those votes becomes BROWNBACK, BYRD, INOUYE, HOLLINGS, States, it was called a catfish—a very more clear. LEAHY, HARKIN, MIKULSKI, REID, KOHL, interesting interpretation of species of Mr. STEVENS. Mr. President, I ask MURRAY, DORGAN, FEINSTEIN, DURBIN, animals. for the yeas and nays. JOHNSON, and LANDRIEU conferees on Now the Appropriations Committee The PRESIDING OFFICER. Is there a the part of the Senate. has done another marvelous feat; that sufficient second? Mr. STEVENS. Mr. President, I ask is, we have now concluded that the There appears to be a sufficient sec- unanimous consent that Senator SPEC- lowly catfish, heretofore unknown, is ond. TER be added as an original cosponsor related to the cow. In the emergency The bill having been read the third of Senate amendment No. 167. It was disaster relief section of this bill a pro- time, the question is, Shall the bill our error. vision was included that would qualify pass? The PRESIDING OFFICER. Without catfish farmers for livestock compensa- The clerk will call the roll. objection, it is so ordered. tion payments. Perhaps the livestock

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A23JA6.221 S23PT2 S1458 CONGRESSIONAL RECORD — SENATE January 23, 2003 compensation program is a Federal One of the unfortunate aspects about Up to this time, in my limited knowl- farm program that compensates eligi- an appropriations bill is that quite edge and experience, I had only known ble livestock producers such as owners often, or most of the time, there is not that DNA studies were to determine of beef, dairy cattle, sheep, goats or an explanation. As I remember paternity in the commission or non- certain breeds of buffalo that have suf- flywheel projects, it seems to me that commission of a crime. But perhaps fered losses or damages as a result of was a perpetual motion machine. But there are other uses. And I am not real- the severe drought. it is something on which I think we ly familiar with a lot of the bears that I discussed this issue with some of should continue to make an effort. So live up in Montana. But this is really my colleagues. The distinguished we have decided to gift WestStart’s—I quite a remarkable study—a remark- President informed me that catfish in don’t know who WestStart’s is. I know able study—$1 million. Tennessee many times walk on land they are located in the State of Wash- And I don’t know how many bears and are seen to be moving about the ington—$1.5 million to continue that there are in Montana, but I wonder if countryside foraging in various places. effort. And $1 million for the National probably that amount of money is very That helps me understand the logic of Center for the Ecologically Based Nox- significant, because I think it would be designating the catfish as livestock. ious Weed Management at Montana very hard to hire people who are eager My friend, Mr. ENZI of Wyoming, said State University. to go out and get a DNA sample from a he heard that trout can easily die in I think families all over America grizzly bear. In fact, I would be very in- certain conditions. Trout can easily that have noxious weeds in their yards terested in knowing the methodology die. Certainly the same could be said would be pleased to know that we are as to how this DNA sampling is ob- about catfish. That could take place continuing a multimillion-dollar effort tained from these grizzly bears. with catfish as well. over a many-year period of time at the So I wish them all luck up there in I often take issue with various farm uniquely qualified Montana State Uni- Montana. We will eagerly await the re- policies that disproportionately benefit versity to try to get rid of these nox- sults of the DNAs of these bears. And large agribusinesses or farms at the ex- ious weeds, or at least manage them, any of them that have been guilty of pense of small farmers and taxpayers because I don’t think they claim to re- the commission of some serious crime, or those who compromise American ag- move noxious weeds. It is just a man- I am certain it will help us in identi- ricultural trade commitments. This ef- agement program. fying them. I do agree that it is very fort to compensate catfish farmers There is $600,000 to treat waste on difficult to tell one from another. So from a farm program intended for live- small swine farms in South Carolina. I that is probably why the DNA is war- stock stands out. I am certain that cat- don’t know if that means for small ani- ranted here, as I am sure the Senator fish proponents will offer a dozen dif- mals or small farms; that was not des- from Alaska would allege and the good ferent explanations to justify this pro- ignated—perhaps both. It is in South folks up in Montana who have been vision. But hogs, poultry, and horse Carolina. Since it is only $600,000, we plagued with a lack of ability to iden- producers are not eligible under the all know it is chicken feed. tify the bears according to their DNA livestock compensation program. I But my favorite—I will get to my fa- wonder why catfish should get live- now for several generations. vorite—again, strangely enough, So I do believe, in a moment of seri- stock payments when those worthy $100,000 for the Alaska Sea Otter Com- ousness, we really need to scrutinize animals are excluded, such as hogs, mission. some of these appropriations items poultry, or horses. There is $300,000 to the Southern Re- more carefully. They do amount to a I think it is important for us to rec- gional Research Center at New Orleans, great deal of money. Again, I see this ognize that we have now a new cat- LA, for termite detection systems, egory of livestock; and that is catfish. evaluation of wood products for pro- legislating on appropriations con- Catfish lovers, and I count myself as tecting building materials, and bait tinuing, which I think is an unfortu- one, all over America will be very technology. nate practice. grateful to know not only are they a Bait technology is something that all I congratulate the distinguished tasty treat, but they are eligible for of us who love to fish will be very in- manager of the bill with the efficiency disaster payments so that we can keep terested in hearing about. As we all and dispatch in which he handled the Americans supplied with catfish under know, for those of us who love to fish, legislation today. I congratulate him any circumstances, drought or no bait technology is an intricate and for his hard work in providing much drought. very difficult challenge. So I can cer- needed funding so we can now begin Also, in the recent 2002 farm bill, do- tainly see why the Southern Regional next year’s efforts. And I look forward mestic catfish proponents were suc- Research Center in New Orleans, LA, to being able to do this 13 times in the cessful, as I mentioned, in banning all would be qualified. coming year rather than just once or catfish imports by requiring foreign There is $200,000 to study seafood twice. catfish be labeled as something other waste at the University of Alaska. Mr. President, I ask unanimous con- than catfish. ‘‘Seafood waste’’—I am not exactly sent to yield to the Senator from Ari- I want to mention a few others and sure what that means, but I am sure it zona concerning a sense-of-the-Senate make a couple of comments about is an important study. amendment. them. There is $300,000 for the Old Stoney Mr. BOND. Mr. President, reserving Included in the bill are earmarks, feasibility study in Wyoming. Old the right to object. among many others, such as $200,000 for Stoney, he has been in there before— The PRESIDING OFFICER. The Sen- the Anchorage People Mover in Alaska. Old Stoney. And, again, I am not sure ator from Missouri. Strangely, as I have mentioned in the exactly what Old Stoney is. I think he Mr. BOND. Mr. President, that was a past on numerous occasions, you will is a building, but I am not sure. And I very enlightening speech, but I wonder find many earmarks that are des- don’t know what the feasibility or non- how long the Senator wishes to speak. ignated for the great state of Alaska; feasibility is of Old Stoney. There are several others who want to $250,000 for the Mary Baldwin College There is $650,000 for grasshopper and speak. I understand it is only for 3 min- in Staunton, VA, for the Center for the Mormon cricket activities in the State utes; therefore, I will not object. Exceptionally Gifted. Now, my dear of Utah. I don’t know exactly what ac- The PRESIDING OFFICER. Is there friends, they are exceptionally gifted tivities the Mormon crickets engage in objection? because they have just received $250,000 and grasshoppers, but they are going to Without objection, it is so ordered. for the exceptionally gifted. Not many have $650,000 to engage in their activi- AMENDMENT NO. 57, AS MODIFIED colleges around the country are as ties. Mr. KYL. Mr. President, obviously, lucky and exceptionally gifted as the Finally, because my colleagues are the subject which I will speak to is a young men and women at the Mary waiting to speak, there is $1 million for very serious one and requires a lot Baldwin College in Staunton, VA. And a DNA bear sampling study in Mon- more discussion than we are going to $1.5 million for WestStart’s Vehicular tana. I have to repeat that: $1 million give it this evening. But the reason Flywheel Project in the State of Wash- for a DNA bear sampling study in Mon- Senator MCCAIN and I offered the ington. tana. sense-of-the-Senate resolution on

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.163 S23PT2 January 23, 2003 CONGRESSIONAL RECORD — SENATE S1459 North Korea was to begin to shed light Mr. MCCAIN. Mr. President, the ger than Iraq, and confronting it pre- on this most difficult problem and to amendment Senators BAYH, KYL, SES- sents a more difficult challenge. That give voice to the Senate feelings so SIONS, and I offered expresses the sense is all the more reason to take whatever that everyone could appreciate the fact of the Senate that North Korea must action necessary to prevent Saddam that the Senate views this as an in- immediately comply with its inter- Hussein from becoming a threat of credibly important problem that re- national obligations to abandon and equal magnitude, and just as difficult quires us to pay a lot more attention dismantle its nuclear weapons pro- to confront. to it and that requires the President to grams. As the administration explores But the greater difficulty of resolv- have additional tools to deal with it. a diplomatic solution to the crisis with ing the Korean crisis is not the central Mr. President, I ask unanimous con- North Korea, we believe it is important concern. The greater danger it poses is. sent that Senator BROWNBACK of Kan- for the Senate to send Pyongyang a This doesn’t absolve us of the responsi- sas be added as a cosponsor of the clear message that flagrant for its bility to meet and overcome the threat amendment. commitments to the United States and any more than it replaces the necessity The PRESIDING OFFICER. Without the international community remains of overcoming the threat from Iraq. objection, it is so ordered. unacceptable. Nine years ago we faced a difficult set Mr. KYL. Mr. President, one of the Our amendment highlights North Ko- of options in dealing with North Korea. primary reasons that Senator rea’s violation of both the Agreed We chose to avoid them, and our irreso- BROWNBACK is interested in this matter Framework and the North-South Joint lution has placed us in even greater is because the last portion of this Declaration on the Denuclearization of danger. I hope we don’t make the same amendment talks about the fact that the Korean Peninsula. It expresses the mistake again. North Korea, alone among nations in Sense of the Senate that the Agreed Our security depends on preventing the world, does not participate appro- Framework, as a result of North Ko- North Korea from possessing a nuclear priately in the distribution of food aid rea’s own actions, is own actions, is arsenal. That must be the primary ob- assistance under the World Food Pro- null and void, and that North Korea ject of our diplomacy. Freezing gram. must immediately come into compli- Pyongyang’s nuclear program in place The United States is the largest pro- ance with its obligations under the while we and our allies prolong the vider of food aid to North Korea, some Non-Proliferation Treaty and other reign of the world’s last Stalinist re- $620 million since 1995. Yet North commitments to the international gime does not accomplish that objec- Korea does not comply with the World community. tive, but merely encourages future at- Food Program requirements to ensure Our amendment states that North tempts at nuclear blackmail. In my that the food we provide actually gets Korea’s pursuit and development of nu- view, only if North Korea is prepared to its intended beneficiaries. They, in- clear weapons represent a serious to surrender the enriched uranium it stead, divert much, if not most, of that threat to the security of the United secretly attained, the spent fuel rods food aid—that we desire for humani- States and our allies; that any diplo- that would yield enough plutonium for tarian reasons, to keep the people of matic solution to this crisis must three to five nuclear weapons, as well North Korea fed, at least in a modest achieve the total dismantlement of as dismantle the reactor and reprocess- way—to its military industrial com- North Korea’s nuclear weapons and nu- ing plant it now threatens to restart, plex. clear production capability, backed by should we or any other country con- What this sense of the Senate does is intrusive inspections; and that the sider any assistance that might help to make it clear that the Senate be- United States and our regional allies North Korea escape the certain destiny lieves that North Korea is in violation should take measures to ensure the of a failed state. of agreements that it has signed not to highest possible levels of deterrence I am pleased the Senate is going on develop nuclear weapons, that it is in and military readiness in the face of record in its clear support for North violation of the agreed framework—by the North Korean threat. Korea’s nuclear disarmament, a rig- its own actions it has been declared We have also worked with Senator orous inspection regime in any diplo- null and void—that a diplomatic solu- LUGAR to craft language calling on matic agreement that is reached, the tion desirable in this situation must North Korea to allow full verification highest possible level of military readi- achieve the total disarmament of of food aid assistance by providing the ness against the threat North Korea North Korea’s nuclear weapons and World Food Program access to all areas poses, and full and effective monitoring their production capability, and that of North Korea and permitting the of food aid assistance. The burden is on the United States and other allies in WFP to undertake random inspections. North Korea to comply with its obliga- the region must take measures to en- Since 1995, the United States has been tions, not on the United States to re- sure the highest possible level of deter- the single largest food donor to North frain from telling the truth about this rence and military readiness in the Korea, providing $620 million in food rogue regime, or facing the con- event that something there should aid assistance. We must have consequences of the grave threat it poses occur. fidence that this assistance is going to to our people and our interests. So what we want to do by this sense hungry North Koreans, not the coun- The PRESIDING OFFICER. The Sen- of the Senate—as I said, the subject is try’s political and military elite. I ator from Minnesota. far too serious to be dealt with in just thank the Senator from Indiana for his AMENDMENT NO. 6, AS MODIFIED a perfunctory way, but at least we hope contribution. Mr. COLEMAN. Mr. President, I this sense-of-the-Senate resolution, North Korea’s pursuit of a nuclear know it is late, but I did want to say a which was adopted earlier this evening, arsenal directly threatens the security few words about Paul and Sheila will begin the debate in the Senate, of the American people. Those who Wellstone before we left today. will enable us to make clear to the rest counsel a return to the status quo fail I am deeply gratified one of the first of the world that we view this situa- to grasp the danger of rewarding subjects that brings me to my feet in tion seriously, that we support the threats and retreat and concession. this Chamber is the memory of Paul President’s efforts to try to achieve a We all hope for a diplomatic solution and Sheila Wellstone. resolution of it in a way that will re- to the current crisis. But as we have I knew them both well. I was their sult in the dismantlement of the nu- seen in the debate over Iraq and in our mayor. I campaigned for them. I cam- clear program in North Korea and, previous dealings with Pyongyang, our paigned against them. At times I frankly, will expose its horrendous desire for peaceful outcomes cannot agreed with them, and at times I practice of taking food aid with which blind us to the dangers of policy drift strongly disagreed with them. It is a the rest of us intend to keep the people or diplomatic accommodation in the measure of the humanity and integrity of North Korea alive and diverting that face of compelling threats to our secu- of Paul and Sheila Wellstone that even for the military in North Korea. It will rity. those who disagreed with them always expose that problem to the light of day North Korea and Iraq present dif- respected and admired the enthusiasm, so we can begin to get that food to the ferent faces of the same danger. I be- the passion, and the courage with people who deserve it. lieve North Korea poses a greater dan- which they pursued their vision.

VerDate Dec 13 2002 01:49 Jan 25, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G23JA6.166 S23PT2 S1460 CONGRESSIONAL RECORD — SENATE January 23, 2003 This fall I had planned to contest an We commend their devotion. I know I not supported get in because a certain election against the Senator. I never speak for my colleagues in the Cham- somebody is in favor of them. On a dreamed I would be mourning his ber when I say we want to do every- project such as this, which the entire death. I was his political opponent. thing we can to help ensure that the Senate, only 2 months ago, voted And, as two fighters at the end of a Paul and Sheila Wellstone Center for unanimously to authorize at $10 mil- boxing match who embrace each other Community Building serves as a suc- lion, I understand full well that is not after the final bell has rung, I am sad cessful living memorial to the two fine an appropriation, but it was certainly for myself we never had that moment. friends we have lost. the expectation when this vote was This body began the good work of In order to do this, we have, working taken that $10 million was going to be providing a living memorial to Paul with my distinguished ranking mem- needed and provided in a way that the and Sheila and the others who died. We ber, the Senator from Maryland, in- memory of Paul and Sheila Wellstone are proud that it will be in St. Paul, creased the appropriations in this bill could be recognized and acted upon the city I served as mayor. It is a Paul from $3 million to $5 million. I assure and, in the spirit in which this project and Sheila Wellstone kind of place. It the Senators that Senator MIKULSKI was passed, with unanimous, bipartisan is literally where the East meets the and I will work together with our coun- support, that amount would be real- West. Since Paul came from the East, terparts in the House to achieve full ized. Then we come back and hear at as I did, he probably felt very much at funding, $10 million, for the Paul and the beginning of this week that, in home in our ethnic neighborhoods, Sheila Wellstone Center. This is some- fact, only $3 million out of the $10 mil- filled with middle-class working fami- thing which we understand is very im- lion was appropriated. Senator COLE- lies. It has been a destination for immi- portant, and they have our commit- MAN, to his credit, worked very hard grants, as were the Wellstones a gen- ment to work very hard to see that this week within his caucus to raise eration back. It is a city of hard work those dollars are made available. that amount, I am told, to a commit- and big dreams, the soul of who Paul I thank the Chair and my colleague ment to $5 million. and Sheila were. from Minnesota. I know how difficult it is for a fresh- We have the opportunity to retain Mr. COLEMAN. Mr. President, I man Senator in the first 2 years to get that spirit; and that is the Paul and thank the distinguished chairman for $2 million in this process. So I give the Sheila Wellstone Center for Commu- his assistance on this matter that is so Senator from Minnesota high praise for nity Building. important to me and all the people of getting $2 million in his first month. It will be a 93,000-square-foot build- the State of Minnesota. I know Senator Nevertheless, that is only half of the ing. A community center is a poor sub- Wellstone and his wife will be honored commitment. stitute for the real thing—Paul and by the tribute we pay them today. To me, it is shameful that we are Sheila themselves—but it is worth I yield the floor. quibbling over this kind of funding for doing, providing a safe place where The PRESIDING OFFICER. The Sen- something that the entire Senate kids can play and learn, where families ator from Minnesota. ought to be doing because they said can receive training and support and Mr. DAYTON. Mr. President, I appre- they would do it, because it is the right community members can be organized ciate the words of the chairman of the to fight injustice and partake in the thing to do. subcommittee, the Senator from Mis- Paul Wellstone was my friend of 22 American dream. souri. I appreciate the Senator staying In the spirit of Paul Wellstone, I years and colleague for the last 2 years. here to engage my colleague from Min- I would feel the same way if it were a should probably be out here trying to nesota and myself in this colloquy. triple the funding because he was al- member of the other caucus and if it I accept as a matter of good faith the were somebody whose ideological views ways pushing the edge, but I was sent sincerity of the words expressed on the here by my constituents with a more were totally the opposite of mine. This floor and also in conversation with the man gave his life in the service of his conservative vision. I simply urge my chairman of the full Appropriations colleagues to support the funding level country. His wife lost her life, and his Committee, Senator STEVENS from for the Paul and Sheila Wellstone Cen- daughter lost her life. There but for the Alaska, that this full funding will be ter authorized last year. I honor Paul grace of God go any one of us who get sought in conference with the House. and Sheila’s memory today and will on these planes and fly around. In a moment now of suspension of dis- strive to be worthy of the example they For the Senate to have made a com- belief and cynicism, I will trust and be- set throughout the time I am in this mitment and then failed to honor that lieve that actually will occur. place. commitment in full without any of this I must say, nothing I have seen so far I had introduced an amendment and finagling is disgraceful. To pretend intended to offer it today to increase in this process has persuaded me that that 5 is really 10 and half is really the appropriations amount for the Paul this result is going to occur. Obviously, whole and we will get it next time or and Sheila Wellstone Center from $3 what happens here is decided by the ac- the next round in the process when, million currently in the bill to the full tions of the 100 of us, and the House the with our own opportunity right here in funding level of $10 million. However, I same. Before my distinguished col- front of us, we failed to do so—again, I understand and very much appreciate league from Minnesota was sworn in will trust, but as President Reagan the fact that my good friend, the chair- last November, Senator Wellstone’s said: Trust, but verify. man of the VA–HUD appropriations immediate successor, Senator Dean The State of Minnesota will be subcommittee, along with other distin- Barkley, in his 2 months as a Senator watching this process in conference to guished managers of this bill, has from Minnesota, distinguished himself see if in fact we can count on the words agreed to increase the amount to $5 in a number of ways. One of them was that have been expressed here tonight. million and to ultimately provide full getting the support of the administra- I thank the Chair. funding at $10 million in the conference tion and the House-Senate Democratic I suggest the absence of a quorum. report to accompany this legislation. and Republican caucuses and leader- The PRESIDING OFFICER. The Mr. BOND. Mr. President, if the Sen- ships to a $10 million authorization for clerk will call the roll. ator from Minnesota will yield. this center that will be named after The legislative clerk proceeded to Mr. COLEMAN. I am happy to yield and honor the memory of Paul and call the roll. to my friend, the distinguished chair- Sheila Wellstone. Mr. COLEMAN. Mr. President, I ask man of the VA–HUD appropriations Ten million dollars is certainly real unanimous consent that the order for subcommittee. money, but in the scheme of a $690 bil- the quorum call be rescinded. Mr. BOND. I commend the Senators lion bill, it is a tiny speck. As we heard The PRESIDING OFFICER. Without from Minnesota for their tribute to our from Senator MCCAIN earlier, there are objection, it is so ordered. colleague, to Paul Wellstone and to projects of far less merit that have f Sheila Wellstone, Senator and Mrs. been funded at significantly higher Wellstone. amounts than this particular project. MORNING BUSINESS We know what a priority this is for It is hard to listen to all of that and Mr. COLEMAN. Mr. President, I ask them and for the people of Minnesota. see how some of these projects that are unanimous consent that the Senate be

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