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, TUESDAY, JANUARY 21, 2003 No. 10 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 TUESDAY, JANUARY 21, 2003

The Senate met at 10 a.m. and was PLEDGE OF ALLEGIANCE As a reminder, Senators have until 6 called to order by the President pro The PRESIDENT PRO TEMPORE led the p.m. today to file their first-degree tempore (Mr. STEVENS). Pledge of Allegiance, as follows: amendments to the appropriations bill. The PRESIDENT pro tempore. The Senate will be led in prayer this morn- I pledge allegiance to the Flag of the Finally, I announce to Members that United States of America, and to the Repub- they should expect busy sessions each ing by the Chaplain of the House of lic for which it stands, one nation under God, Representatives, Father Daniel Cough- indivisible, with liberty and justice for all. day this week in the hopes of com- lin. pleting action on the appropriations f bill. PRAYER RECOGNITION OF THE ACTING The PRESIDING OFFICER. The The guest Chaplain, Father Daniel MAJORITY LEADER Coughlin, offered the following prayer: Democratic whip. The PRESIDING OFFICER (Mr. COR- All powerful God and Father of all Mr. REID. Mr. President, if I could the living, yesterday’s holiday brought NYN). The assistant majority leader is direct a couple of questions to the dis- to mind the wise words of Rabbi Abra- recognized. tinguished Senator from Kentucky, we ham Heschal: SCHEDULE have a number of people, as on my col- Martin Luther King Jr. is a voice, a vision Mr. MCCONNELL. This morning and a way. I call upon every Jew to hearken there will be a period for morning busi- league’s side I am sure, who are catch- to his voice, to share his vision, to follow in ness not to extend beyond the hour of ing planes and getting back after the his way. The whole future of America will Martin Luther King holiday. Does the depend on the impact and influence of Dr. 10:30 a.m., with the time equally di- King. vided in the usual form. At 10:30, the leader have any idea how late he wants Today in this awesome Chamber I Senate will then resume consideration to stay in today? of H.J. Res. 2, the appropriations bill. I call upon Americans of all faiths to Mr. MCCONNELL. I have not spoken understand there are several Members join in praying for the Members of the with him this morning, but my as- Senate as they face the future of Amer- on the other side of the aisle who intend to offer their amendments to the sumption is we would like to make as ica. Together let us continue to heark- much progress as we can toward com- en to his voice, share his vision, and appropriations measure during Tues- pleting the bill. Obviously, the longer follow in his way. By Your grace may day’s session. Dr. King’s dream for America become a In addition to considering further we remain on this bill, the less oppor- reality. amendments to the appropriations tunity we have to move ahead with the In these troublesome times, awaken measure, it is the majority leader’s work of the year in which we find our- in the soul of this country the lasting hope that on Tuesday the Senate will selves. As the Senator knows, we are political implications of religious be- consider the nomination of Tom Ridge still wrapping up last year’s work. to be Secretary of Homeland Security. liefs. Encircle us with Your light that Mr. REID. We have one Senator com- we may be unafraid to address the rac- I believe some Members have indicated ing to offer an amendment at 10:30. We ism, militarism, and materialism their desire to speak in regard to that etched in routine structures of our nomination. A rollcall vote is antici- have another Senator coming at 11:30 day—and so become truly free at last. pated. or quarter to 12. We are going to try to As Your free children lead us to seek At the hour of 5:15, the Senate will move as many amendments as we can first Your kingdom and justice for all vote on S. 121, the AMBER Alert bill. today, and hopefully the Senators will our brothers and sisters, proud to be This will be the first vote of today’s agree on both sides that we could have one Nation under God now and forever. session. Additional votes are expected votes on those matters this evening. So Amen. during today.

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

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VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1170 CONGRESSIONAL RECORD — SENATE January 21, 2003 we will do the best we can to keep organizations connected to the ceremony is ketball player, soccer player, and par- things moving. the Sons of Confederate Veterans, whose ticipate in track events. That is the If the Senator can give us some idea Chief Aide-de-Camp is Richard T. Hines, a way it should be. as to how late the Senate leader wants politically active lobbyist from South Caro- We have made great strides in im- lina. In that State’s brutal 2000 Republican to go this evening, it would be appre- primary, Hines reportedly helped finance proving the status of minorities, as ciated. tens of thousands of letters blasting Bush well as women. That is the way it Mr. MCCONNELL. I say to my friend rival Senator John McCain for failing to sup- should be. We must continue to move from Nevada, I am sure that later in port the flying of the Confederate flag over forward to build on the foundation Dr. the day we will be able to provide some the state capitol. King helped establish. further information on that matter. This repayment of political debt that But unfortunately the administration is blocking progress by pursuing f the President has in South Carolina is certainly something that flies in the policies that limit opportunity. One ex- RESERVATION OF LEADER TIME face of what America is all about. It ample is this administration’s filing a The PRESIDING OFFICER. Under certainly flies in the face of what lead- brief in the Supreme Court opposing the previous order, the leadership time ers of the administration says they are the ability of the University of Michi- is reserved. trying to do. gan to have a diverse class of students. Yesterday we celebrated a national The University of Michigan admis- f holiday, the birthday of a great Amer- sions system is not about quotas. It is MORNING BUSINESS ican, Dr. King. This year in particular, about improving the educational experience for all students. This takes into The PRESIDING OFFICER. Under with controversy over remarks and account not only race and ethnic back- the previous order, there will now be a votes related to issues of race having ground but many other factors. Ath- period for the transaction of morning affected the Senate itself, it is impor- letes and others with talents the school business not to extend beyond the hour tant that we reflect on the life, legacy, finds desirable are given extra points in of 10:30 a.m., with the time to be equal- and message of Dr. King and that we the admission process. The administra- ly divided in the usual form. assess the Nation’s progress in achiev- tion did not oppose Michigan and other Mr. MCCONNELL. I suggest the ab- ing the goals he articulated. Dr. King university programs where they give sence of a quorum. shared with us his dream for American bonuses to alumni, where they give bo- The PRESIDING OFFICER. The society, that Blacks, Latinos, Native nuses to athletics. No one opposes that. clerk will call the roll. Americans, and other minorities would If you are trying to develop and estab- The assistant legislative clerk pro- have equal opportunity to achieve and lish a diverse class of students at a uni- ceeded to call the roll. to contribute. versity, they oppose it. This is wrong. Mr. REID. Mr. President, I ask unan- We are closer to that place in time Diversity is a good thing, and it does imous consent that the order for the because of the efforts and accomplish- not happen automatically but requires quorum call be rescinded. ments of Dr. King and others who made progressive policies. The administra- The PRESIDING OFFICER. Without sacrifices and confronted enormous ob- tion is flat-out wrong to oppose this. objection, it is so ordered. stacles to make life better, not only for The administration is also wrong in Mr. REID. I ask that the time be African Americans but all Americans. America has made strides in improv- continuing to nominate judges whose charged equally against both sides. ing the status of ethnic and racial mi- records reveal a pattern of insen- The PRESIDING OFFICER. Without norities, but I am concerned that the sitivity to racial issues. I have encour- objection, it is so ordered. policies that the current administra- aged the President, as have many oth- Mr. REID. I suggest the absence of a tion is pursuing would set us back. ers, to protect the environment. Appar- quorum. Dr. King is one of the main reasons ently though, the only recycling he fa- The PRESIDING OFFICER. The that little girls, young ladies, teen- vors is recycling of rejected and flawed clerk will call the roll. agers, and women in college can par- judicial nominees. The assistant legislative clerk pro- ticipate in athletics. Title IX is civil What about DC statehood? We have ceeded to call the roll. rights legislation and a direct result of young men and women who live in the Mr. REID. Mr. President, I ask unan- the activities of Dr. King. Is Title IX District of Columbia, who are now in imous consent that the order for the an affirmative action program? Of the Persian Gulf getting ready to go to quorum call be rescinded. course it is. Young women should have war—people are being called up, being The PRESIDING OFFICER. Without the opportunity to participate in ath- called upon to put their life on the line objection, it is so ordered. letics just as young men have had. for their country—but they cannot The minority whip. Until we passed a Federal law, an af- vote for a Member of Congress, they do f firmative action law, that was not pos- not have their own Senators. We MARTIN LUTHER KING BIRTHDAY sible. Now, tens of millions of young should have statehood. If you are part AND CIVIL RIGHTS women participate in athletics. They of a sovereign nation—for example, the have opportunities to build their char- Pyramid Lake Piute Tribe in Nevada, Mr. REID. Mr. President, last night acter as young men have had for hun- they can vote for me, against me, but my wife and I watched the replaying of dreds of years. Now women can partici- the District of Columbia does not have the speech of Dr. Martin Luther King pate in athletics. that opportunity. Residents of the Dis- on CNN. The speech lasted 17 minutes. I was disappointed we had to work trict of Columbia pay taxes, they serve No matter how many times I watch the this week because I was looking for- our country, but they do not have rep- speech, I am so impressed with the ward to watching my granddaughter resentation in Congress by a Member message this man delivered. That is Savannah play basketball this week. who has a right to vote on a sub- why I was stunned today, in getting She is good. She leads her team in scor- stantive issue. They have a Member of the Congressional News Briefing, to see ing. I have not been able to watch her Congress who only can sit in commit- what the present President, President play. She is 10 years old, and in her tees. If this administration feels so Bush, has done to undermine the unity first game she scored 12 of the 22 points strongly about affirmative action, and harmony of our society. her team scored. I was looking forward about fairness, diversity, let them I quote: to watching her play. I am told she is come forward and support DC state- Bush Revives House Participation in Con- really good. In just a couple of years hood. federate Memorial Ceremony. Last Memorial this little girl will be able to partici- And consider the quality of education Day, for the second year in a row, Bush’s pate in high school athletics, which did that children receive. Most minority White House sent a floral wreath to the Con- not happen in my generation. The only students in America still attend federate Memorial. . . . Bush has quietly re- instated a tradition dating back to Woodrow athletics my granddaughters could par- schools that are predominantly minor- Wilson that his father had halted in 1990. . . . ticipate in, if they were my age, and ity. On average, they are in large class- The current Bush White House denies any even younger than I, would be es, have older books, receive less chal- change in policy. Time adds that one of the cheerleadering. Now she can be a bas- lenging lessons, and their teachers

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1171 have less training. To continue to im- statement of something that his father massive changes without telling us prove the quality of education for all stopped because it was wrong—laying a how it was going to affect the health of Americans, we should raise the stand- wreath at the Confederate Memorial. It the American people. ards in our schools. We need the adminis wrong. We need to speak out against I believe the administration does not istration to step forward on Leave No it because it is wrong. want to share these facts because they Child Behind, and do it by helping to I suggest the absence of a quorum. are afraid of what the facts will show. fund the program mandated for schools The PRESIDING OFFICER. The They are afraid people will see what all over America. Not to take care of clerk will call the roll. their rule changes will do. When you unfunded mandates is wrong; the ad- The assistant legislative clerk pro- study these rules, when you listen to ministration should fund those man- ceeded to call the roll. the experts, you will see that they will dates. Mr. REID. Mr. President, I ask unan- make our air dirtier. These rules will Our Nation’s efforts to recover from imous consent that the order for the add more soot to our cities and more September 11 remind us that we be- quorum call be rescinded. smog to our national parks. At the end come a stronger America by working The PRESIDING OFFICER. Without of the day, these rules will allow more together. So we must join together and objection, it is so ordered. kids to get asthma attacks, more sen- continue fighting to make sure all Mr. REID. Mr. President, Senator iors to have heart problems which land Americans enjoy equal opportunities EDWARDS is here and has an amend- them in the emergency room, and more for justice, quality education, and eco- ment to offer. We told the majority people will lose their lives pre- nomic prosperity. leader on Friday we would be here at maturely. In 2003, it is not enough to quote Dr. 10:30 to offer the amendment. Senator This amendment is a very modest response to these proposed changes. It Martin Luther King, or to say the right EDWARDS will not offer the amendment thing, or avoid saying the wrong thing. until we have someone who is here does not block the rules forever. It does Actions speak louder than words, even from the other side, but he is going to not put them off for years. It just says words as powerful as Dr. King’s. We re- start talking about his amendment. We let’s put these rules off for about 6 member him as an articulate speaker. hope that is OK with everyone. months and use that time to determine It was his actions, his nonviolent ac- What is the business now before the how these changes will affect human health, how they will affect kids with tions of organizing, educating, moti- Senate? vating, and demonstrating, that asthma, senior citizens with cardio- f achieved results. If we are truly to respiratory problems. It seems to be a honor Dr. King, and, more importantly, CONCLUSION OF MORNING perfectly reasonable thing to do. I hope if we are fully motivated to improve BUSINESS my colleagues will support the amend- race relations in our great country, if ment. The PRESIDING OFFICER. Morning We are saying let’s get a study from we want America to live up to its business is closed. democratic ideals and all our people to the nonpartisan, completely respected have equal opportunity, freedom, jus- f National Academy of Sciences. That is all we are talking about: 6-month delay tice, prosperity, and peace, we must MAKING FURTHER CONTINUING to look at these changes to see, before pass civil rights legislation and fund APPROPRIATIONS FOR FISCAL they go into effect, what effect they programs that help level the playing YEAR 2003 will have on the health of the Amer- field and appoint judges whose records The PRESIDING OFFICER. Under ican people. show a commitment to tolerance and the previous order, the Senate will now The science of pollution is com- fairness. resume consideration of H.J. Res. 2, pletely clear. Pollution causes heart The record of the Democratic Party which the clerk will report. and lung problems. It aggravates asth- is one we can be proud of. It shows a The assistant legislative clerk read ma. It causes the smog that ruins the longstanding commitment to civil as follows: view in our Nation’s parks. It causes rights, to fairness. Democrats recog- premature deaths. nize we must take additional steps to A joint resolution (H.J. Res. 2) making further continuing appropriations for the fiscal According to Abt Associates, a non- advance civil rights for all Americans. year 2003, and for other purposes. partisan research group, just 51 power- That is why we Democrats in the Sen- plants are responsible for more than ate have a package of civil rights, The PRESIDING OFFICER. The Sen- ator from North Carolina. 5,500 deaths every year, for over 106,000 known as Equal Rights and Equal Dig- asthma attacks, and for costs to our AMENDMENT NO. 67 nity for Americans. Our comprehensive economy of between $31 billion and $49 Mr. EDWARDS. Mr. President, this legislation includes measures to ex- billion. That is only 51 powerplants. If morning I will be offering an amend- pand hate crimes protections. Let the you did the same study of other indus- ment, together with Senator LIEBER- Republicans come forward and stop tries, the numbers would go up dra- barring us from passing that. We have MAN, Senator JEFFORDS, Senator CLIN- matically. legislation to strengthen enforcement TON, and Senator REID, all of whom North Carolina has some of the worst of existing civil rights laws. Let them have worked very hard on this amend- pollution in the country. According to move across the aisle and help. ment. Dr. Clay Ballantine, a physician in We must support legislation giving This amendment is about doing a Asheville in western North Carolina, legal representation to indigent Ameri- very simple thing: it is about keeping just living and breathing in western cans. We must stop racial profiling. our air clean so that kids won’t have North Carolina costs 1 to 3 years off That is what our legislation does. It asthma attacks and so seniors won’t the average life of a person. The UNC addresses pay inequities between men have heart attacks and so Americans School of Public Health, found that in and women, protecting individuals won’t lose their lives before their time. many of our counties 3 in 10 kids have against discrimination; it prohibits For months the administration has asthma, which is three times the na- employment discrimination based on talked about massive changes in clean tional average. sexual orientation; and our legislation air protections and for months Sen- Just walking in the Great Smoky prohibits military and civilian per- ators on both sides of the aisle have Mountains is as bad for your lungs as sonnel from collecting information said to the administration: Before you breathing in many big cities. When the about U.S. citizens. We must fully fund go through with these changes, would head of the EPA, Christie Todd Whit- election reforms that we passed last you please tell us in detail how these man, visited the Great Smokies last year. This is an agenda that is impor- changes are going to affect our fami- Fourth of July, she could barely see 15 tant, it is good, and it should pass. lies? In other words, would you please miles at a place where you used to be We ask the Republicans to step for- look before you leap? able to see 75 to 100 miles. So clean air ward and help repudiate, condemn, and We have been asking that question is a huge priority. It is important for oppose something as racially moti- for months, and for months the admin- our kids, for seniors, and for our parks. vated, obviously, as that reported in istration has refused to answer. On No- This administration has made radical Time magazine, the President’s rein- vember 22, they went ahead with their changes in the regulations under the

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1172 CONGRESSIONAL RECORD — SENATE January 21, 2003 Clean Air Act. This is about a program The head of the EPA, 6 years ago, So even if the reality is that their called New Source Review or NSR. The Carol Browner, who testified at the pollution level is quite low right now, basic idea of NSR is simple. Under the hearing, said the old study proved they get to go back a decade and say Clean Air Act, if someone builds a new nothing. But when I asked Mr. that pollution is high. factory, the new factory has to have Holmstead if EPA would simply hold They can even take emissions from state-of-the-art equipment to prevent off on the new rules until we had a real accidents and malfunctions and use pollution, but there is a special deal for study on the effect that these new those to inflate their baseline. And be- factories that were built before 1977. rules would have on the health of the cause they can make pollution 10 years Those factories don’t need to install American people, he said no. ago look like pollution today, they can new pollution controls unless and until On November 22, 2002, the adminis- pollute even more without cleaning up. their toxic emissions go up by a signifi- tration just went ahead, finalized the You don’t have to take my word for cant amount. Only when that happens rules without giving any credible evi- it. According to internal documents, does the plant have to install these dence on what impact this would have career staff at the EPA said that this new controls that others have to meet on human health. change would ‘‘significantly diminish instantly. This is what the New Source So what we are saying is not com- the scope’’ of the New Source Review. Review is all about. plicated. We are saying: Should we not A study by the Environmental Integ- There is no question—and all of us look before we leap, before we change rity Project found that at just two fa- believe—that reforming NSR is a good rules that can affect the most basic cilities, the new rules would allow over idea. We ought to do two things: One, protection for our kids and our families 120 tons of the pollution into the air. we ought to cut red tape, which is a and our parks? Should we not at least The National Association of State and problem; two, we ought to cut pollu- do an analysis of what impact it is Local Air Regulators says that this tion. going to have on kids and families and change ‘‘provides yet another oppor- Under Carol Browner, EPA Adminis- our environment and our parks? tunity for new emissions to avoid trator in the Clinton administration, The administration’s answer is no. NSR.’’ So the bottom line is more pol- positive work was done in that direc- Let’s go ahead. I believe that is their lution. tion. But the debate today is not about answer because they don’t want to Here is a second example. The new those kinds of reasonable and sensible know the truth because they are afraid rules contain something called a reforms that are in the best interest of of what the truth will be. ‘‘Clean Unit’’ exemption. In theory, the If you look at these rules, which I the American people. This debate is exemption should give companies an have and others have, it is clear that about this administration’s package. incentive to clean up by giving them they will hurt people. Time after time There are several glaring problems benefits if they install state-of-the-art this administration has twisted pro- with that package. First, the adminis- technology. It is a perfectly good idea. posals made under the Clinton administration developed these rules through a But this administration has provided series of secret consultations with ex- tration to allow more pollution. Here is what Ms. Browner said: an exemption as long as the company ecutives from power and oil companies. installed new equipment anytime dur- It would not have been so bad if the ad- The current administration’s recent announcement of final changes to the New ing the last 10 years. In other words, if ministration had also been talking se- Source Review Program abandons the prom- a company did something good in 1994, cretly to regular patients and kids and ise of the Clean Air Act—steady air quality they get a free pass to increase pollu- doctors about what effect these improvements. [These rules] will allow the tion in 2003, 9 years later. changes in the rules would have on air to become dirtier. Again, this makes no sense. Again, it their lives and their health. But there Let me repeat that: These rules ‘‘will will increase pollution. Again, here is is no evidence they did that. Instead, allow the air to become dirtier.’’ And what the State and local air commis- the administration focused on one side that means they will allow our kids sioners said. This rule ‘‘would substan- and favored that side in the changes and our seniors to get sicker, to die tially weaken the environmental pro- they made in the rules. sooner. That is what we are talking tections offered by the NSR program.’’ The second problem is this adminis- about. It is very basic and funda- Now, when it comes to the effects of tration has never explained in any seri- mental. these rules, it is true that the State ad- ous way whether these changes will in Let me give two examples of what ministrators could be wrong. The ca- fact harm human health, whether they these rules will do: reer officials at EPA could be wrong. I will cause more pollution, more asth- First, the rules change the way pollu- could be wrong. We could all be wrong. ma, or more premature deaths. For tion levels are calculated. Under the The rules could be OK. months we have asked for a serious new source review, a factory has to But even if we are all wrong—and I qualitative study, and for months we clean up only if it increases its pollu- do not believe we are—shouldn’t we get have not received that study. tion level. It matters a lot how we the whole story and get a real answer Let me go through a short timetable. measure the factory’s initial pollution to the question before putting our kids On July 16, 2002, at a joint hearing of level, what’s called the ‘‘baseline.’’ and our seniors at risk? the Environmental Committee and the Up to now, the rule has been that the Six months is not a long time to wait Judiciary Committee, both Senator baseline is the average for the last 2 in order to get the whole story. It is far JEFFORDS and I asked Jeff Holmstead, years—that is the basis on which we better to wait 6 months than to say to the EPA’s top clean air official, wheth- determine whether there has been an this administration, go ahead, roll the er he could quantify the effects of this increase in pollution—unless the com- dice. It is OK. We are willing to put the proposal on a human level. He could pany can prove another period is more lives of our children and seniors at not do it then, and the best I can tell, representative of recent emissions. But risk, and we are willing to let this rule he has not tried to do it since. the basic rule has been that you estab- go into effect even though we do not On August 1, 2002, 44 Senators signed lish the baseline by looking at the last know what effect it is going to have on a bipartisan letter to EPA which asks 2 years. That makes sense. the health of our seniors and children. the EPA to conduct a rigorous analysis What this administration proposes Let me talk for a minute about the of the air pollution and public health doing makes no sense. What they are broad opposition to these rules. impact of the proposed rule changes. saying is instead of using the last 2 This administration likes to talk Again, they didn’t do it. years, we let the factory choose any 2 about State flexibility, but these regu- On September 3, 2002, I again asked years out of the last 10. So instead of lations take flexibility away from the Mr. Holmstead for an analysis of EPA’s looking at the last 2 years as a baseline States and forces some States to lower proposals. Mr. Holmstead had no new to determine whether emissions have their protections. analysis. Instead, he pointed back to gone up, what they are saying is we are Again, this is the view of the State an analysis that had been done 6 years going to let the factory choose any 2 experts: earlier during the Clinton administra- years in the previous 10 in order to de- The revised requirements go beyond even tion—a different set of proposals, a dif- termine whether emissions have gone what industry requested. . . . Because the re- ferent analysis. up. forms are mandatory, they will impede, or

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1173 even preclude, the ability of States and lo- ‘‘protects human health and the envi- full public comment, we have serious con- calities all across the country to protect the ronment while providing regulatory cerns that the changes could allow more air air. certainty for the electric utility indus- pollution—causing more asthma, more heart Although our associations believe NSR can try and other industries.’’ We respect and lung problems, and more premature be improved. . . . We firmly believe the con- deaths. troversial reforms EPA is putting in place their concerns on this issue. . . . will result in unchecked emission in- This amendment is about final rules. We therefore ask that, before finalizing creases that will degrade our air quality and It is a very modest amendment. It any of these changes, EPA conduct a rig- endanger public health. would delay these rules by about 6 orous analysis of the air pollution and public health impacts of the proposed rule changes That is the States. Now listen to the months while we get an honest, non- and give the public full opportunity to com- doctors. Over a thousand doctors from partisan study of what these rules will ment on these changes. As we are sure you all across the country have urged this do to our kids’ health and the environ- agree, EPA should not finalize a rule that al- administration not to go ahead with ment. It will protect our kids from lows increased air pollution or undercuts the these final rules. These doctors see the asthma, our seniors from heart prob- health of any of America’s children or sen- effects of air pollution every day in lems, our parks from smog. This iors. In the meantime, until the law is their practices and in the emergency amendment will make sure we look be- changed, we ask your continued commit- rooms, and they warned that ‘‘it is ir- fore we leap. I urge my colleagues on ment to enforce the Clean Air Act as it is responsible for the EPA to move for- both sides of the aisle to support this written. Sincerely, ward in finalizing new regulations that amendment. John Edwards, Jim Jeffords, Joseph Lie- could have a negative impact on I ask unanimous consent that the fol- berman, Tom Daschle, Susan Collins, human health.’’ lowing documents be printed in the Dick Durbin, Chris Dodd, Charles Schu- This is not a partisan issue. The RECORD following this statement: mer, Daniel K. Inouye, Joe Biden, John State air quality folks are not par- Letter from 44 Senators, dated Au- F. Kerry, Paul Wellstone, Tom Harkin, tisans. The local air quality folks are gust 1, requesting an analysis of the Russell D. Feingold, Hillary Rodham not partisans. And then there’s Repub- new rules; Clinton, Ted Kennedy, Jack Reed, Rob- licans for Environmental Protection, a Letter from Physicians for Social Re- ert G. Torricelli, Max Baucus, Harry sponsibility, dated September 27, op- Reid, Patrick Leahy, Ron Wyden, group to which 12 past or present Patty Murray, Daniel K. Akaka. former Republican Members of Con- posing the rule changes; Letter from the State and Territorial Fritz Hollings, Bill Nelson, Barbara gress are connected. Republicans for Boxer, Maria Cantwell, Jean Carnahan, Environmental Protection recently Air Pollution Program Administrators Debbie Stabenow, Mark Dayton, Bar- wrote a letter supporting my amend- and the Association of Local Air Pollu- bara Mikulski, Paul S. Sarbanes, Bob ment. tion Control Officers, dated January 16 Graham, Herb Kohl, Jon Corzine, Max They wrote that ‘‘a reasonable delay of this year, requesting a delay in the Cleland, Jeff Bingaman, Carl Levin, (of the rules) is necessary in order to rule changes; and Dianne Feinstein, Lincoln Chafee, Tim allow independent researchers to inves- Letter from the Republicans for En- Johnson, Olympia Snowe, Tom Carper. tigate how the New Source Review re- vironmental Protection, dated January visions would affect emissions and the 17, 2003, requesting a delay in the rule PHYSICIANS FOR ® resulting impacts on public health.’’ So changes. SOCIAL RESPONSIBILITY , Republicans support this amendment There being no objection, the fol- Washington, DC, September 27, 2002. lowing letters were ordered to be print- Mr. JOHN GRAHAM, as well. Director, Office of Information and Regulatory ed in the RECORD, as follows: We will hear people say that pro- Affairs, Office of Management and Budget, U.S. SENATE, tecting the air is too expensive. But at The White House, Washington, DC. the 51 power plants I mentioned ear- Washington, DC. Hon. CHRISTINE WHITMAN, DEAR MR. GRAHAM: As concerned doctors, lier, premature deaths and asthma at- Administrator, Environmental Protection Agen- nurses, and public health professionals, we tacks cost our country over $30 billion cy, Washington, DC. view the health mission of the Clean Air Act each year. The costs of cleaning the air DEAR ADMINISTRATOR WHITMAN: The Clean as one of EPA’s most important initiatives. are a small fraction of that amount. So Air Act is a vital took for protecting the Na- We are therefore writing to express our con- clean air not only saves lives; it also tion’s health and environment, including our cern about EPA’s proposed changes to the saves money. National Parks. With mounting medical evi- New Source Review (NSR) program. This Finally, I want to be very clear about dence that air pollution causes asthma at- program regulates emissions from new and what this amendment does and does tacks, cardiopulmonary disease, and pre- modified power plants, pulp and paper mills, mature death—particularly among children refineries and other industrial plants. not do. This amendment delays by 6 and the elderly—we need to strengthen clean For more than a decade, NSR has proved to months the effective date for the final air protections whenever possible. be an effective took in bringing polluting in- rules on the New Source Review that Given our strong commitment to pro- dustrial facilities into compliance with the this administration has already an- tecting Americans’ health, we believe that law and cleaning up the air that we breathe. the changes you announced on June 13, 2002 nounced. This amendment does not The EPA has recently proposed changes to to the Clean Air Act’s ‘‘New Source Review’’ touch the proposed rules regarding so- the NSR program that will likely cause the are extremely troubling. On their face, many called ‘‘routine maintenance.’’ amount of pollution in our air to increase. of these changes to NSR—for example, giving Now, speaking for myself, Senator EPA plans to move forward with these factories greater leeway to choose how their changes to NSR without first determining LIEBERMAN and Senator JEFFORDS, all pollution is measured—appear likely to in- how they will impact health or the environ- of whom have worked very hard on this crease pollution levels. Unsurprisingly, the ment. Three separate Senate Committees as amendment, we understand the impor- states’ air pollution control administrators well as public health and environmental ad- tance of new rulemaking on the defini- have expressed concerns that the new regula- vocacy groups have requested these studies tion of ‘‘routine maintenance.’’ We un- tions will make it more difficult for the to no avail. Without evidence that the pro- states to attain national clean air standards. derstand that reform of this definition posed changes will actually improve air Yet as Assistant Administrator Jeffrey is underway to allow for greater cer- quality, thereby doing no harm, it is irre- Holmstead admitted at a recent hearing, tainty for the electric industry. It is a sponsible for the EPA to move forward in fi- EPA now plans to make these changes with- nalizing new regulations that could have a good idea. We are not doing anything out having conducted a full analysis of their negative impact on human health. in this amendment that affects in any impact on air quality and public health, and way the proposed rulemaking on ‘‘rou- without providing a full opportunity for pub- Pollution from power plants and other tine maintenance.’’ In fact, we believe lic notice and comment on the changes EPA plants regulated under NSR touches the lives it is appropriate to take public com- is now proposing. of millions of Americans across the nation. ment in the rulemaking in order to de- While EPA should be free to pursue This pollution is harmful to human health velop a rule that promotes energy effi- thoughtful changes to New Source Review and sends thousands of individuals to hos- ciency, without—and I emphasize that reduce regulatory burdens while pital emergency rooms each month. Study strengthening public health protection, we after study shows a link between exposure to ‘‘without’’—allowing the air to become see no reason to believe that the proposed air pollution and health conditions such as dirtier. A bipartisan group in this changes adequately protect air quality. In respiratory diseases, asthma attacks, chamber has expressed support for EPA fact, because the specific changes proposed cardiopulmonary disease, cancer, and even proceeding with a rulemaking that have not been subject to careful study and death.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1174 CONGRESSIONAL RECORD — SENATE January 21, 2003 No changes to NSR should occur without ing full command of the many intricacies of The legislative clerk read as follows: the public being provided with a comprehen- the regulation, as well as a complete under- The Senator from North Carolina [Mr. sive analysis demonstrating that the pro- standing of the impacts and implications, EDWARDS], for himself, Mr. LIEBERMAN, Mr. posed changes to NSR will improve air qual- will take time and, we firmly believe, cannot JEFFORDS, Mrs. CLINTON, and Mr. REID, pro- ity and human health. In addition the public, be accomplished in the next 45 days. poses an amendment numbered 67. Further, although the text of the rule revi- especially the public health community, Mr. EDWARDS. Mr. President, I ask must have the opportunity to comment on sions has been published in the Federal Reg- the analysis and the resulting changes to ister, EPA has not yet developed or made unanimous consent that the reading of NSR before any changes are finalized. We available to state and local agencies the the amendment be dispensed with. urge you to put the health of Americans first complex text of the federal rule, as revised The PRESIDING OFFICER. Without by upholding NSR provisions that are pro- by the recent changes. Moreover, EPA has objection, it is so ordered. tective of public health. not yet provided, or even scheduled, training The amendment is as follows: Sincerely, opportunities for states and localities, nor (Purpose: To require a study of the final rule Hans Tschersich, Kodiak, AK. has the agency developed any guidance on relating to prevention of significant dete- Helena Zimmerman, Juneau, AK. key aspects of the revised rule. In fact, it is rioration and nonattainment new source Claude Baldwin, Jr., Hunstville, AL. our understanding that EPA regional office review to determine the effects of the final Anna-Laura Cook, Northport, AL. staff—with whom states and localities must rule on air pollution and human health) work to revise and update delegation agree- David Reynolds, Birmingham, AL. At the appropriate place, insert the fol- ments—has not yet received training on the Bettina Bickel, Glendale, AZ. lowing: Kenley Donaldson, Casa Grande, AZ. new rules from EPA headquarters. SEC. . NEW SOURCE REVIEW FINAL RULE. Sara Gibson, Flagstaff, AZ. STAPPA and ALAPCO understand that (a) COOPERATIVE AGREEMENT.—As soon as William Martin, Tucson, AZ. EPA would like to make the final rule avail- practicable after the date of enactment of Ardyth Norem, Rio Verde, AZ. able to industry as soon as possible. We are this Act, the Administrator of the Environ- Eric Ossowski, Scottsdale, AZ. deeply concerned, however, that a rush to mental Protection Agency shall enter into a Jen Schaffer, Flagstaff, AZ. implement the new rule will result in serious cooperative agreement with the National Kamal Abu-Shamsieh, Pasadena, CA. consequences that will disbenefit state and Academy of Sciences to determine, not later Sara Acree, Alhambra, CA. local implementing agencies, EPA, the regu- than September 1, 2003, whether and to what David Adelson, Venice, CA. lated community and citizens alike. Jacob Adelstone, Van Nuys, CA. The March 3, 2003 effective date simply extent the final rule relating to prevention Felix Aguilar, Long Beach, CA. does not allow sufficient time for delegated of significant deterioration and nonattain- Fereshteh Ajdari, Culver City, CA. state and local agencies to prepare for and ment new source review, published at 67 Fed. Wayne and Sonia Aller, Granada Hills, CA. execute effective implementation of the new Reg. 80186 (December 31, 2002), would allow or Rodolfo Alvarez, Santa Monica, CA. NSR rule. Accordingly, STAPPA and could result in— (1) any increase in air pollution (in the ag- Frances Amella, San Francisco, CA. ALAPCO urge that you take immediate ac- Selene Anema, San Luis Obispo, CA. tion to extend the effective date of this new gregate or at any specific site); or (2) any adverse effect on human health. Ruben Aronin, Los Angeles, CA. program by one year, in order to allow time (b) DELAYED EFFECTIVE DATE.—The final for EPA development of guidance and train- Misha Askren, Los Angeles, CA. rule described in subsection (a) shall not Annie Azzariti, Santa Monica, CA. ing and for the necessary state and local ef- take effect before September 15, 2003. K. Bandell, Norwalk, CA. forts involved in updating delegation. If you Morris Barnert, Palos Verdes Estates, CA. have any questions, please contact either of Mr. LIEBERMAN. Mr. President, I Barbara Beatty, Berkeley, CA. us or Bill Becker, Executive Director of rise today to ask my colleagues to re- STAPPA and ALAPCO, at (202) 624–7864. store a little sanity to our Nation’s STATE AND TERRITORIAL AIR POLLU- Sincerely, clean air policy. For the past 2 years, I TION PROGRAM ADMINISTRATORS, LLOYD L. EAGAN, have joined my colleagues on the Envi- ASSOCIATION OF LOCAL AIR POLLU- STAPPA President. ronment and Public Works Committee ELLEN GARVEY, TION CONTROL OFFICIALS, in requesting an analysis of the health Washington, DC, January 16, 2003. ALAPCO President. Hon. CHRISTINE TODD WHITMAN, impacts of the administration’s New Administrator, Environmental Protection Agen- JANUARY 17, 2003. Source Review rules. We have asked cy, Washington, DC. DEAR SENATOR: REP America, the national through letters, through committee DEAR GOVERNOR WHITMAN: As you are grassroots organization of Republicans for questions, through oral questions at aware, the State and Territorial Air Pollu- environmental protection, respectfully re- hearings. Yet our requests fell on deaf tion Program Administrators (STAPPA) and quests your vote in favor of Senator ears, or shall I say on dead air, and the Edwards’ amendment to the omnibus appro- the Association of Local Air Pollution Con- EPA finalized the rules without control Officials (ALAPCO) have serious con- priations bill, which would delay implemen- cerns with the U.S. Environmental Protec- tation of New Source Review rule revisions ducting any careful analysis. tion Agency’s (EPA’s) recently promulgated and require the administration to conduct a That is why today I join Senator final rule affecting changes to the New National Academy of Sciences study of the EDWARDS in offering this amendment— Source Review (NSR) program (67 Federal rule revisions’ health impacts. one that I call the ‘‘look before you Register 80186), and with the adverse impact We believe a reasonable delay is necessary leap’’ amendment. All we do in this these changes would likely have on the abil- in order to allow independent researchers to amendment is delay the effective date ity of states and localities to achieve and investigate how the New Source Review revi- of the final rules for less than 7 sustain clean, healthful air. These concerns sions would affect emissions and the resulting impacts on public health. We are greatly months, during which time we commis- are further compounded by the fact that, for sion a NAS study to evaluate the ef- a number of states across the country, the concerned that the administration is rushing revised NSR program is scheduled to take ef- to change the rules before the public and fects of the rules on air emissions and fect on March 3, 2003. Accordingly, we write their elected representatives have had a human health. In just 7 months, de- to you today, on behalf of STAPPA and chance to fully understand the impacts. pending on the outcome of those objec- ALAPCO, to request that EPA extend by one More than 170 million Americans live in tive, scientific studies, we could pre- year the effective date of the final NSR rule areas with unhealthy air quality. Ozone pol- vent serious potential damage to our revisions. We make this urgent request for lution is a serious public health problem. The interests of children, senior citizens, and environment and to public health. several important reasons. What the Bush administration is pro- The regulatory changes to the NSR pro- others who are particularly sensitive to air pollution deserve greater consideration be- posing is not, as some in the adminis- gram are not only lengthy and far reaching, tration might suggest, a nip-and-tuck. but also highly complex and controversial. fore rule changes are implemented that States that implement the NSR program could drive up unhealthy emissions. It’s not a few technical rule changes. It Please vote for the Edwards amendment so through their State Implementation Plan is a significant change in our clean air that the federal government can make better are allowed three years in which to revise policy. The administration is intro- informed decisions on a critical public their plans for the new program. However, in ducing new, more permissive rules for health issue. 13 states across the nation, EPA has dele- Thank you. measuring whether a facility meets gated authority for the federal rules to state Sincerely, clean air requirements. In Congres- and local permitting authorities; in these MARTHA A. MARKS, sional testimony, the EPA admitted ‘‘delegated’’ states, the revised NSR pro- President. that fully 50 percent of the facilities gram, which was published by EPA on De- cember 31, 2002, must be implemented by Mr. President, I send an amendment that are now subject to the Clean Air March 3, 2003. State and local air pollution to the desk. Act’s technology requirements would control agencies have been working vigor- The PRESIDING OFFICER (Mr. ROB- fall out of those requirements under ously to study the new rule; however, gain- ERTS). The clerk will report. the rule changes.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1175 When I hear that, I cannot believe stated that: ‘‘The March 3 effective The PRESIDING OFFICER. Without there will be no health impacts. If lit- date simply does not allow sufficient objection, it is so ordered. erally half the sources are no longer time for delegated state and local (See exhibit 1.) subject to these provisions of the gov- agencies to prepare for and executive Mr. JEFFORDS. This administra- ernment’s main clean air law, how can effective implementation of the new tion’s record in responding to legiti- the air get anything but dirtier? Then NSR rule.’’ mate oversight by Congress has been I look at recent studies commissioned By passing our amendment, we will dismal on this matter. Though the by the Rockefeller Family Fund and be giving the state and local agencies agency will not respond honestly, inde- prepared by Abt Associates—the EPA’s the time that they desperately need. pendent analyses done by Abt Associ- own consultant—that show emissions Call it breathing room—for our envi- ates for the Environmental Integrity will increase as a result of the new reg- ronment and for our State govern- Project demonstrates that these new ulations. ments. rules are likely to lead to significant Based on the bulk of the evidence, it This is a controversial topic, and I increases in pollution at various types is counterintuitive and I think illogi- know my colleagues have been pulled of facilities. These case studies can be cal for the EPA to claim—over and in many different directions on this found at www.refund.org/eit/docs/abill- over again—that their new rules will vote. But we are not asking for any- mobil.pdf and abtin-nucor2.pdf. do no damage to the environment. thing here but smart, well-informed The association of States’ air admin- Then again, the EPA never offers any policymaking. Once a rule like this is istrators have expressed concerns proof of this claim, so perhaps we are put in place, it is hard to reverse; in- about these rules and asked that their deed, according to EPA, the whole expected to accept in on faith. effective date be deferred until March point of this rule is to provide industry This amendment will give us the an- 2004. Nine Attorneys General, from with long-term certainty. We asked swer. We no longer will have to argue Vermont and other States, have filed EPA to look before they leapt, and back and forth—the study being com- suit against the Agency for violating they refused, ignoring this institu- missioned by the National Academies the Clean Air Act and other statutes tion’s right to oversee their rule- will give us the facts. And we don’t making at the same time. through these rules. have to wait long. Less than 7 months, We should understand the clean air These rules allow sources to inflate and then we can go forward with the impacts of these rule changes before their emissions baselines, or to be des- rules knowing what their impacts will they become the law of the land. We ignated as so-called ‘‘clean units’’ for a be. If the study shows significant envi- need to stop and take a breath before decade or more. That way, even modi- ronmental harm, and the majority of we change the law, so that we know fications that increase emissions will this body still wants them to be adopt- that all Americans can breathe safely, not trigger NSR and the use of better, ed, then so be it. But at least we made easily, and freely in the future. more effective pollution controls. an informed choice. Mr. JEFFORDS. Mr. President, I rise As Assistant Administrator Jeff Anyone in this Senate who has in strong support of the Edwards Holmstead has confirmed to Congress bought a house has toured the house amendment and I am pleased to be a in testimony, these new revisions to before putting their money down. cosponsor of that amendment. major NSR applicability criteria would They’ve gotten an appraisal. They’ve Senators should know that I support exclude an estimated 50 percent of conducted an inspection. Well, we’re on making improvements to the New sources that might otherwise be sub- the brink of buying a new set of rules Source Review, NSR, program. I want ject to major NSR. here that we will have to live with for NSR to fulfill its promise of developing An internal EPA memo from June many, many years. I don’t think we ever better pollution control tech- 2001 estimated that the average annual want to close our eyes, close our ears, nology and cleaner air. health benefits in terms of avoided cross our fingers and hope for the best. We can and should make it easier for mortality from just one small part of Ignorance is not bliss. Ignorance is re- owners of pollution sources to get an- the NSR program are, at a minimum, miss. swers from permitting authorities about $400 million annually and up to This amendment also brings a benefit about whether or not NSR applies to $3.8 billion. for the states. Just last week, their facility. They could benefit from Now, if we tell 50 percent of those STAPPA–ALAPCO—the organization an updated, more consistent and time- sources that they don’t have to worry of state and local air regulators—wrote ly process. That’s not really in ques- about triggering NSR, then those to Administrator Whitman asking for a tion. health benefits are going to fly out the 1-year delay in the rules. They had al- Unfortunately, every reliable sign in- window along with more pollution. ready written to complain about the dicates that EPA’s recent final rules That means more people dying or in- air impacts of the rules, but this letter are not really improvements to the creased lung disease and sickness. was different—it aimed at the adminis- NSR process at all. Instead, in the This is just one small part of the trative knots in which the states are name of ‘‘flexibility’’ these new rules NSR program. EPA steadfastly refuses being placed by the new regulations. appear designed to increase air pollu- to analyze the larger, nonattainment You see, these rules are not optional tion. At a minimum, they will cer- NSR program for its benefits. for States—they are being shoved down tainly allow it. The administration has conveniently EPA claims that there will be an en- their throats. And for the 12 States and ignored Executive Order 12866 on regu- vironmental benefit from these rules. the District of Columbia that imple- latory review. These revisions are obvi- However, they have done no credible ment the New Source Review program ously significant under that Order be- work to show that that is in fact true. on their own, they will have to incor- And believe me, we have asked repeat- cause of its hundreds of millions or bil- porate the rule changes into their pro- edly and unsuccessfully for the admin- lions of dollars in annual health bene- grams by March 3. So my colleagues istration’s honest assessment of the fits. So, before it goes forward, there are clear, let me name them: Wash- impact of these rules since May 2001. must be a thorough and reliable consid- ington, California, Nevada, South Da- For example, the agency promised to eration of its benefits and its costs. kota, Minnesota, Illinois, Indiana, deliver to the Environment and Public That’s why I’m supporting this Michigan, New York, New Hampshire, Works Committee a document log re- amendment. I’m not a big fan of mak- Massachusetts, New Jersey, and the lating to these rules by October 24, ing environmental policy through the District of Columbia. As the rules were 2002. appropriations process, but these rules only published on December 31, that We hoped to find emissions informa- appear egregious to me. only gives these states and the district tion in those files, but the agency It’s time that we had the National 3 months to evaluate and implement a failed to keep the promise and failed to Academy of Sciences review the situa- tremendously complicated area of law. provide Congress its due. We’re still tion, since the agency and the adminis- Neither has EPA provided the training waiting for the log. tration do not respond to Congress or and guidance that all States will need I ask unanimous consent that a chart the public. I hope that the Academy to implement the rule. That is why the of the Committee’s communications on can give us a quick and impartial opin- States wrote to EPA last week and NSR be printed in the RECORD. ion on the impacts of these rules on

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VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY Insert offset folio 32/B here S21JA03.017 S1194 CONGRESSIONAL RECORD — SENATE January 21, 2003 I suggest the absence of a quorum. proposed, NSR will no longer stand as a I hope this is not the reason behind The PRESIDING OFFICER. The barrier to facilities installing state-of- some of my colleagues seeking to raise clerk will call the roll. the-art pollution control technology. the issue and challenge it. If it was a The legislative clerk proceeded to The NSR reforms that EPA has pro- good idea in the Clinton administra- call the roll. posed will actually cut emissions of tion, does it become a bad idea in the Mr. BOND. Mr. President, I ask unan- tens of thousands of tons per year of Bush administration? I don’t think so. imous consent that the order for the volatile organic compounds. NSR re- I think we are on the right track quorum call be rescinded. forms will reduce ground level ozone with what the Clinton administration The PRESIDING OFFICER. Without and smog. The NSR reforms will also started. The NSR reforms are good for objection, it is so ordered. cut hazardous air pollutants and ozone- the environment, they are good for en- Mr. BOND. Mr. President, we have depleting substances. Our families will ergy security, and they are good for before us, although not under lively de- suffer fewer cases of premature mor- the economy. bate, an amendment by the Senator tality, asthma, and other respiratory I urge my colleagues to reject the from North Carolina with reference to diseases. Edwards amendment. I look forward—if the New Source Review air program. I would say further that EPA’s NSR there is further debate—to responding This is a very important program that reforms are good for the Nation’s en- so that we can deal with this amend- we have debated extensively in the En- ergy security. Why? Simply because ment in a timely manner. vironment and Public Works Com- they will allow facilities to install I yield the floor and, seeing none of mittee. There have been many hearings modern technologies which use energy my colleagues wishing to speak, I sug- on this issue and, frankly, the issue has more efficiently. We all ought to be gest the absence of a quorum. been resolved. But unfortunately, it able to agree on that. Using energy ef- The PRESIDING OFFICER (Mr. SES- has become an example of the polar- ficiently conserves energy and reduces SIONS). The clerk will call the roll. ized, confrontational, contentious na- the polluting byproducts of energy pro- The legislative clerk proceeded to ture of the environmental debate. I duction. The facilities will be able to call the roll. wish it were not this way. reduce their energy consumption, re- Mr. BOND. Mr. President, I ask unan- I believe the administration’s New duce their dependence on foreign en- imous consent that the order for the Source Review reforms are good for the ergy sources, and reduce our Nation’s quorum call be rescinded. environment, good for energy security, dependence on foreign energy supplies. The PRESIDING OFFICER. Without and good for the economy. What is wrong with that? In our cur- objection, it is so ordered. I will not go into all the details here rent troubled times, we should not Mr. BOND. Mr. President, on behalf because I know there are many other stand in the way of any proposal which of the leader, I ask unanimous consent Senators wishing to speak. So I will reduces our dependence on foreign and that the pending Edwards amendment await further discussions when they Middle Eastern oil. I would also say be temporarily set aside to recur at the have had their say. that the EPA NSR reforms are good for hour of 1:30 today, with the majority I think it is important—I want to lay the economy. Companies would now be leader or his designee recognized when down a marker—for my colleagues to able to make rapid changes to meet the Senate resumes consideration of understand that the EPA’s New Source their changing business climates with- the amendment; further, I ask that Review reforms—what we call the NSR out getting bogged down in time-con- Senator DODD now be recognized in reforms—will improve air quality and suming Government redtape. order to offer an amendment related to benefit the environment. EPA has al- The reforms will continue to protect IDEA, and that no second-degree ready done the environmental analysis. the environment while giving compa- amendments be in order to the amend- It shows that four of the five provisions nies the flexibility they need to get ment until Senator GREGG or his des- in the final rule will reduce air pollu- new products to the market quickly. ignee is recognized. tion. That is correct. I said ‘‘will re- We have all of the elements that should Mr. REID. Reserving the right to ob- duce air pollution.’’ The other provi- go into a forward-looking environ- ject, Mr. President, with the Senator’s sion will have no significant effect on mental program. We have made great permission—and I know he has the air quality. progress, but we have also developed floor—I suggest the absence of a NSR will no longer stand as a barrier glitches in our system, and anybody quorum. to facilities installing state-of-the-art who has thought about the system The PRESIDING OFFICER. The pollution control technology. Anybody knows that we need to make it more clerk will call the roll. who has been around Washington very efficient. We need to rationalize it. We The assistant legislative clerk pro- long knows the law of unintended con- need to give it flexibility so environ- ceeded to call the roll. sequences. We do things we think are mental improvements can be made Mr. BOND. Mr. President, I ask unan- going to help, and they turn out to be with the least hassle. imous consent that the order for the a hindrance. I am talking about environmental quorum call be rescinded. The New Source Review, as it has improvements. That is what this NSR The PRESIDING OFFICER. Without worked, has been a hindrance because proposal does. It allows not only en- objection, it is so ordered. companies cannot make routine im- ergy conservation, improved economic Mr. REID. Mr. President, reserving provements and upgrades to their fa- performance, but environmental the right to object, I think we are cilities to make them operate more ef- progress as well. What is wrong with headed in the right direction. I wanted ficiently, take less energy, burn less that? to state to my friend that Senator fuel, emit less pollution or polluting I have yet to hear what is the objec- DODD is offering his amendment. He is substances, anywhere from volatile or- tion to providing better environmental going to speak for a while. We have ganic compounds to the other emis- performance in a way that is flexible, Senator DAYTON coming at 1 o’clock. sions from powerplants. They do that that encourages companies to move We hope we will get permission then to because the New Source Review says forward. This is such a good idea that set aside the Dodd amendment so we that anytime you want to do anything the last administration supported it. can consider the Dayton amendment, significant on a major plant, you have Yes, Mr. President, you heard me right. which is on corporate expatriation. He to go through the whole process. It The last administration supported it. should not take too long. takes a very long time, and you are re- This was one of their proposals. The re- I hope the majority will give us con- quired to make very significant up- forms EPA finalized this winter were sideration to set aside the Dodd amend- grades beyond what the available dol- actually proposed in 1996 during the ment then because, if we are going to lars in the company would sustain. Clinton administration by EPA Admin- work through all of these amendments, The incremental continuing improve- istrator Carol Browner. I thought it we are going to have to have coopera- ments, day by day or actually month was a good idea then; I think it is a tion on both sides. I have no objection by month or even year by year, cannot good idea now. The only change is to the unanimous consent request. be made because of NSR. If you change there is a new administration, with a The PRESIDING OFFICER. Without it the way the EPA Administrator has different President. objection, it is so ordered.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1195 Mr. BOND. Mr. President, I thank the deaf, or emotionally disturbed, from receiv- years. A brief history about the Indi- minority whip for his explanation. I ing such an education. viduals with Disabilities Education Act can assure the Senator that on this (5) IDEA currently serves an estimated may be in order. side we want to accommodate Senators 200,000 infants and toddlers, 600,000 pre- schoolers, and 5,400,000 children 6 to 21 years It has been almost 30 years—28 from both sides of the aisle. We are of age. years—since Congress passed this legis- here in a week when many Senators (6) IDEA enables children with disabilities lation in 1975. The promise made in 1975 had other things to do and we need to to be educated in their communities, and was that we would provide the States move forward. It is critically impor- thus, has assisted in dramatically reducing with 40 percent of the funding to edu- tant that we get these appropriations the number of children with disabilities who cate children with special education bills passed because we will be getting must live in State institutions away from needs. We started out with a far lower close to halfway through the year be- their families. commitment, and over the years the fore these bills can be implemented. I (7) The number of children with disabilities who complete high school has grown signifi- States have assumed the lion’s share of know wherever we can make accom- cantly since the enactment of IDEA. this responsibility. But over the years, modations, we will do so, and the Sen- (8) The number of children with disabilities we have failed to meet the commit- ator from Nevada has been very gra- who enroll in college as freshmen has more ment we made to the States almost 30 cious in working with us. I know the than tripled since the enactment of IDEA. years ago. Senator from Kentucky will work with (9) The overall effectiveness of IDEA de- As a result of efforts by this body in him. pends upon well trained special education the previous Congress, we came very and general education teachers, related serv- With that, I thank my colleagues and close to achieving the full funding I yield the floor. ices personnel, and other school personnel. Congress recognizes concerns about the na- promise that was made many years The PRESIDING OFFICER. The Sen- tionwide shortage of personnel serving stu- ago. In fact, our distinguished col- ator from Connecticut is recognized. dents with disabilities and the need for im- leagues and friends, Senator JEFFORDS, AMENDMENT NO. 71 provement in the qualifications of such per- Senator HAGEL, and Senator HARKIN, Mr. DODD. Mr. President, on behalf sonnel. offered an amendment in the previous of myself, Senators KENNEDY, MIKUL- (10) IDEA has raised the Nation’s aware- Congress, which enjoyed unanimous ness about the abilities and capabilities of SKI, JEFFORDS, MURRAY, EDWARDS, support, to increase the funding over a children with disabilities. DAYTON, CORZINE, and KERRY, I send an (11) Improvements to IDEA in the 1997 series of years, that would reach the amendment to the desk. amendments increased the academic full funding level as required by the The PRESIDING OFFICER. The achievement of children with disabilities and agreement reached in 1975. clerk will report. helped them to lead productive, independent Unfortunately, the President and the The assistant legislative clerk read lives. Republican leadership of the other as follows: (12) Changes made in 1997 also addressed body refused to agree to the Senate the needs of those children whose behavior The Senator from Connecticut [Mr. DODD], unanimous vote on full funding for spe- impedes learning by implementing behav- for himself, Mr. KENNEDY, Ms. MIKULSKI, Mr. ioral assessments and intervention strate- cial education. As a result of that op- JEFFORDS, Mrs. MURRAY, Mr. EDWARDS, Mr. gies to ensure that they receive appropriate position by the President and by the DAYTON, Mr. CORZINE, and Mr. KERRY, pro- supports in order to receive a quality edu- leadership of the other body, the bipar- poses an amendment numbered 71. cation. tisan efforts of the Senate and the good Mr. DODD. Mr. President, I ask unan- (13) IDEA requires a full partnership be- work of Senator HAGEL, Senator JEF- imous consent that further reading of tween parents of children with disabilities FORDS, Senator HARKIN, and many of us the amendment be dispensed with. and education professionals in the design and who have worked on this issue over the The PRESIDING OFFICER. Without implementation of the educational services years failed. In fact, I recall some 15 provided to children with disabilities. objection, it is so ordered. years ago when I was a member of the The amendment is as follows: (14) While the Federal Government has more than doubled funding for part B of Budget Committee and offered in the (Purpose: To provide additional funding for IDEA since 1995, the Federal Government has committee the language which re- part B of the Individuals with Disabilities never provided more than 17 percent of the quired full funding of special education Education Act) maximum State grant allocation for edu- needs. My friend and colleague from On page 1052, line 25, strike ‘‘budget).’’ and cating children with disabilities. Mississippi, Senator LOTT, was on that insert the following: ‘‘budget). (15) By fully funding IDEA, Congress will committee that year. I remember be- TITLE ll—FUNDING EDUCATION FOR strengthen the ability of States and local- cause he cast a vote with me in the CHILDREN WITH DISABILITIES ities to implement the requirements of IDEA. Budget Committee, but we failed on a SEC. ll. HELPING CHILDREN SUCCEED BY tie vote in the Budget Committee to SEC. ll. FUNDING FOR PART B OF THE INDIVID- FUNDING THE INDIVIDUALS WITH get the increased funding. DISABILITIES EDUCATION ACT UALS WITH DISABILITIES EDU- (IDEA). CATION ACT. Over the years, we have had good bi- Congress makes the following findings: (a) IN GENERAL.—Notwithstanding any partisan support to do everything we (1) All children deserve a quality edu- other provision of this Act, in addition to could to fully fund IDEA, and every cation. any amounts otherwise appropriated under year, for one reason or another, Con- (2) In Pennsylvania Association for Re- this Act for part B of the Individuals with Disabilities Education Act, other than sec- gress finds a way to avoid its responsi- tarded Children vs. Commonwealth of Penn- bility. sylvania (334 F. Supp. 1247)(E. Dist. Pa. 1971), tion 619 of such part, the following sums are and Mills vs. Board of Education of the Dis- appropriated, out of any money in the Treas- I do not lay that on the shoulders of trict of Columbia (348 F. Supp. 866)(Dist. D.C. ury not otherwise appropriated for the fiscal the Senate because recently we have 1972), the courts found that children with year ending September 30, 2003, $1,500,000,000 met the promise we made. My col- disabilities are entitled to an equal oppor- for carrying out such part, other than sec- leagues here understand and know well tunity to an education under the 14th tion 619 of such part, to remain available how strongly the Governors, mayors, through September 30, 2004. amendment of the Constitution. and county executives across this (3) In 1975, Congress passed what is now (b) ACROSS-THE-BOARD RESCISSION.—Not- withstanding any other provision of this Act, country feel about this issue. This is known as the Individuals with Disabilities one of their major issues. When we ask Education Act (referred to in this section as funds provided under subsection (a) shall not ‘‘IDEA’’) (20 U.S.C. 1400 et seq.) to help result in a further across-the-board rescis- them what are the important areas in States provide all children with disabilities a sion under section 601 of Division N.’’. which we can assist them, inevitably free, appropriate public education in the Mr. DODD. Mr. President, for the over the years they have listed special least restrictive environment. At full fund- benefit of my colleagues, this amend- education as one of the most important ing, Congress contributes 40 percent of the ment will add $1.5 billion to the appro- areas in which we can assist them by average per pupil expenditure for each child priations omnibus bill for the Individ- meeting our obligations we made some with a disability served. uals with Disabilities Education Act, 30 years ago. (4) Before 1975, only 1⁄5 of the children with disabilities received a formal education. At commonly known as IDEA. This is a When Congress passed the Individuals that time, many States had laws that spe- matter with which all of my colleagues with Disabilities Education Act in 1975, cifically excluded many children with dis- are very familiar. We have debated this it promised to help States meet their abilities, including children who were blind, matter on numerous occasions over the constitutional obligation to provide

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1196 CONGRESSIONAL RECORD — SENATE January 21, 2003 children with disabilities a free appro- Child Left Behind Act. It made an only in my own State, but all around priate education by paying for 40 per- oxymoron of the title of that bill, No this country, because so much of edu- cent of those costs. Child Left Behind, when, in fact, we ex- cation is paid for through local prop- The States came to us in 1975 and cluded the kids with special education erty taxes. said: We need your help on this issue. needs from the legislation. So it was Again, I do not need to recite to my As I said, some 30 years ago, we said we No Child Left Behind unless you have colleagues the tremendous burdens would step in and help, just as we have special education needs and disabil- that are being felt by local and State done with title I for children who have ities. budgets all across this country. The es- different kinds of needs. Those needs Today’s amendment will enable us timates are now that deficits running are economic because of the levels of once again as a bipartisan Senate to at the State level may hover around poverty across the country. We said take the first step that we recommit- $100 billion this year and only get this also is an area where we think the ted ourselves to in 2001 by increasing worse next year and the year after. In Federal Government ought to step up the funding for special education by my State alone, it is about half a bil- and provide help to the States. $2.5 billion for fiscal year 2002 to 2003. lion this year. My Governor tells me it The cost of special education—and We are calling upon our colleagues to is going to be about $1.3 billion next again, I am preaching to the choir do just that. year. I do not know what it is in the when I talk to my colleagues about In my State of Connecticut, in spite State of Alabama, but I presume it this issue because they know these of spending hundreds of millions of dol- might be like what Connecticut is. I issues as well as, if not better than, I lars to fund special education pro- think California is around $34 billion. do. Talk to any mayor, county execu- grams, our school districts—as is true I heard some of my colleagues say tive, Governor, Democrat or Repub- in almost every other State in the the other day, in Michigan it is $4 bil- lican, liberal or conservative, and they country—are struggling to meet the lion or $5 billion. I think someone said will tell you that the cost of special needs of their students with disabil- in Minnesota it was like $4 billion or $5 education is very high. In fact, in some ities. billion. We have these mounting deficits at small towns—I know in my State and I The costs borne by local commu- the State and local level. There is a am confident in the State of the Pre- nities and school districts are rising need in special education. There was a siding Officer and the States of my dramatically. From 1992 through 1997, promise made some 30 years ago by the good friends from Vermont or Rhode for example, special education costs in Federal Government. What I am asking Island—two or three children with spe- Connecticut rose half again as much as for in this amendment on the omnibus cial education needs can so distort a did regular education costs. Our bill is that we take out the $1.5 billion, local budget with the tremendous in- schools need our help, and this amend- if we could, and see if we cannot step in crease in cost that it becomes almost ment is an opportunity, as we begin and provide some real relief for our this 108th Congress, to do just that. prohibitive for those smaller commu- States and localities in their hour of Of course, no one in my State—or nities to meet the obligations. That is need and the need of families who have any other State, for that matter, in our why we have heard so many loud voices a child with special needs. over so many years calling on us to great Nation—questions the value of The President recently proposed an- step up and meet our obligation. making sure the Individuals with Dis- other plan to cut taxes by hundreds of We made a promise. In 1975, we said: abilities Education Act, which is both billions of dollars for some of the As representatives of the Federal Gov- a landmark education law and a land- wealthiest Americans. I represent one ernment, we will come up with 40 per- mark civil rights law, be fully imple- of the most affluent States in the coun- cent of the cost of this program. That mented. The only question is how best try. I probably have a higher percent- is our obligation. We will do that. Here to do that, and a large part of the an- age of my population who would ben- we are almost 30 years later, and we swer lies in this amendment. efit very directly as a result of the have reached a 15-percent level. We are This amendment will demonstrate President’s tax proposals. Without still short by some 25 percent of the that we intend to match our commit- equivocation or hesitation, the over- costs of special education. ment to universal access to education whelming majority of the people in my We have made great strides in going with a commitment to do everything State, including the most affluent, from zero to 15 percent, particularly in we can to help our States and schools honestly believe the best use of re- the last 4 or 5 years, but we are still provide that access. This amendment, sources is things such as special edu- way short. further, will help not only our children cation. While they, as everyone else, The amendment I offer this afternoon in schools, but it will also help entire would love to have a tax cut—there is provides for an additional $1.5 billion in communities by easing their tax bur- nothing new about that—when asked to this omnibus appropriations bill for an den. balance the priorities and needs of a additional 1 year. This is not a full- Our failure to fully fund IDEA does nation, they understand providing tax funding amendment. I am not asking in not make the issue go away. When we relief for people in the top 1, 2 or 3 per- this amendment for full funding over do not meet our obligation, then a cent of income earners in the country the next several years. Since this bill mayor or county executive at the local at a moment such as this is not a wise only deals with 1 fiscal year, I am level has no alternative; they have to, or prudent use of the resources of this merely trying to add these additional under their constitutions, meet these Nation when there are so many other dollars which will get us closer to the responsibilities. So when we duck our demands that must be met. obligations. responsibility, we only increase the I understand the Federal Government Two years ago, a bipartisan group of burdens locally. They can slash their faces the same budget challenges in to- 31 Members of this body introduced S. budgets locally in other vitally needed day’s slumping economy as do our 466 to direct the appropriations of areas or they can increase taxes. States and towns, but we cannot accept funds, to fully fund IDEA by 2007. That As all of us know, there are not many the argument that because our econ- bill was the foundation of the Harkin- options left at the local level. At the omy is faltering we cannot provide our Hagel amendment to the No Child Left local level, that is where the rubber children and their families with crit- Behind Act. The amendment passed by hits the road, where people need and ical educational resources and other- the Senate on a unanimous vote would require that certain obligations be wise help average Americans. We would have increased Federal support for spe- met. Unfortunately, when we do not and should not accept that argument if cial education by $2.5 billion per year step to the plate and fulfill our prom- our homeland security or national de- until we reach full funding. Unfortu- ises on the national level, then we only fense were at stake, and we certainly nately, as I mentioned a few moments increase tremendously the burden on cannot afford to do it here, either. ago, because of strong opposition from our Governors, mayors, and county ex- Investment in education is no less the President of the United States and ecutives all across this great country. important now than it was when our the Republican House leadership, the Homeowners and businesspeople end economy was more healthy. It is essen- provision adopted unanimously by this up paying higher taxes or watch serv- tial to our long-term national eco- body was not included in the final No ices they depend upon be slashed, not nomic security. So I ask my colleagues

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1197 to seize this opportunity and choose to Missouri, the difference would be about Murray amendment. The Governors sup- help our schools but, more impor- $30 million. port providing the necessary funding for Am- tantly, our families and young children I have all 50 States listed and the dif- trak to support the continuation of a na- who need these resources in order to ference that this $1.5 billion could tional passenger rail system as proposed by make. That may not sound like much Senator Murray. Amtrak must be provided a maximize their potential. sufficient level of funding to guarantee there I do not know of anyone, regardless when a State is facing billions of dol- will be no break or threat of a break in serv- of to which party they belong, Conserv- lars in deficits, but the fact that we ice. We must be certain that Amtrak will not ative, Liberal or moderate, whatever might step up to the plate in Nevada— encounter the rolling financial crises it expe- label one wants to put on themselves I apologize to my friend of Nevada, who rienced during the past year. politically, that when they look in the is sitting right in front of me, but I did Chafee-Rockefeller amendment. The na- eyes of a child who has special needs, not see him—it is about $10 million in tion’s Governors urge your support for quick can say, I am sorry right now but we his State. action on a bipartisan compromise to protect resources in the State Children’s Health In- cannot provide the resources to their I ask unanimous consent to have this list printed in the RECORD at the end of surance Program (S–CHIP). Preserving the town, county, local, or our State gov- S–CHIP funds that have reverted to the fed- ernment because we have these other my statement. It is printed on both sides of one sheet of paper. Members eral treasury would keep $1.2 billion of the priorities that are making too many FY 1998 and FY 1999 allocations within the demands on us. That is not my Amer- can then have an idea of what the ben- program until 2004. ica. efit of this small amendment could Harkin amendment. The Governors urge My America says, when there is a mean to them and their States. support for restoring current funding levels The PRESIDING OFFICER. Without child with disabilities in need we step to the Edward Byrne block grant program objection, it is so ordered. for state and local law enforcement activi- to the plate and provide them the kind (See exhibit 3.) ties. of help they ought to have so they have Mr. DODD. There are other Members Finally, while Governors appreciate the in- a chance to become independent and who want to be heard on this issue. As clusion of $2 billion for first responder maximize their potential to see to it we begin this debate in this Congress, grants, we urge support for the President’s that they can be productive citizens this is one area on which we ought to original request of providing $3.5 billion co- and add to the great strength and ordinated through the states. Just as Con- find common ground. We will have our gress and the President have responded by wealth of our Nation. differences on other issues but every I can go down the list of the various acting on a far-reaching reorganization and one of our States, Governors, mayors, consolidation of federal agencies, so too the States and what they will lose or gain. and families with children with disabil- President recognized the critical role of At the end of my statement, I ask ities are asking us to step up and do states—the first line of defense and the first unanimous consent to have printed in what we can for them. As we start out line of coordination of response to any at- the RECORD a letter written on January in the year 2003, this modest amend- tack. Thus, this should be meaningful, new 16, 2003, to the majority leader, Senator ment could make such a difference to resources that respect the diversity, respon- FRIST, and the minority leader, Sen- people across this country and is some- sibilities, and capabilities of states and the immediate need for resources for national ator DASCHLE, in which they specifi- thing we ought to be able to join forces cally go down and list the importance defense. Therefore, we encourage you to add together on and adopt. an additional $1.5 billion in first responder of this amendment and the funding I EXHIBIT 1 grant funds to the $2 billion, so that we meet am asking for, the $1.5 billion, as one of NATIONAL GOVERNORS ASSOCIATION, the President’s recognition of the need to be their top priorities. In fact, they list it Washington, DC, January 16, 2003. prepared to respond to and recover from any as the top priority. Hon. BILL FRIST, terrorist attacks. The PRESIDING OFFICER. Without Majority Leader, U.S. Senate, the Capitol, We greatly appreciate your consideration objection, it is so ordered. Washington, DC. of our views. (See exhibit 1.) Hon. TOM DASCHLE, Sincerely, Mr. DODD. There are a whole list of Minority Leader, U.S. Senate, the Capitol, GOVERNOR PAUL E. organizations that support full funding Washington, DC. PATTON, DEAR SENATOR FRIST AND SENATOR Chairman. for IDEA. I ask unanimous consent to DASCHLE: On behalf of the nation’s Gov- GOVERNOR DIRK have that list printed in the RECORD at ernors, we are writing to express our support KEMPTHORNE, the end of my statement. for several key provisions of the (FY) 2003 Vice Chairman. The PRESIDING OFFICER. Without omnibus appropriations bill affecting state objection, it is so ordered. programs. First, we appreciate that the bill EXHIBIT 2 (See exhibit 2.) would maintain the FY 2003 highway pro- ORGANIZATIONS IN SUPPORT OF FULL FUNDING Mr. DODD. I am not asking for full gram investment level at $31.8 billion. With OF IDEA funding with this amendment. I am a sluggish economy and many states facing American Academy of Child and Adoles- budgetary difficulties, now is not the time to asking for the $1.5 billion in this omni- cent Psychiatry. cut federal highway investment. In addition, American Association of School Adminis- bus appropriations bill. I am confident Governors strongly support the $1.5 billion every one of these organizations would trators. provided in the bill to implement the new American Council of the Blind. support this amendment, even though election reform law. We also appreciate that American Federation of School Adminis- it is not full funding, but rather the ad- the bill includes an extension of the Tem- trators. ditional amounts this year when we porary Assistance for Needy Families American Federation of Teachers. consider the pressures on our States. (TANF) block grant and related programs American Society of Deaf Children. Lastly, in looking at the differences through September 30, 2003. It is critical that American Speech-Language Hearing Asso- states have reliability of funds in order to in our States—the top State on the list ciation. continue operating their welfare reform pro- The ARC of the United States. is that of the Presiding Officer—the grams while Congress considers TANF reau- Association of Educational Services Agen- difference right away where there is a thorization. cies. gap between what I am offering and the We would also like to express our support Committee for Educational Funding. omnibus bill, it is a little less than $30 for the following amendments: Conference of Educational Administrators million in the State of Alabama, and Dodd Amendment. The Governors support of Schools and Programs for the Deaf, Inc. Senator Dodd’s amendment calling for a $1.5 this amendment would make up the Consortium for Citizens with Disabilities. billion increase in state grants for special Council of Chief State School Officers. difference. Going down further, in my education. We are committed to continu- Council for Exceptional Children. own State of Connecticut, the dif- ously improving the academic performance Council of the Great City Schools. ference would be about $18 million. In of all students, including students with dis- Easter Seals. the State of Vermont, the difference abilities. The nation’s Governors support Helen Keller National Center. would be about $3 million. In the State this amendment and urge Congress to con- Higher Education Consortium for Special of Rhode Island, the difference would tinue to work toward enacting legislation Education. that makes the Individuals with Disabilities IDEA Funding Coalition. be about $5 million in this amendment. Education Act (IDEA) funding a mandatory Learning Disabilities Association. What a difference it would make. expenditure with incremental increases to- International Reading Association. I saw my colleague from Missouri in wards meeting the 40 percent federal require- National Alliance of Black School Edu- the Chamber recently. In the State of ment. cators.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1198 CONGRESSIONAL RECORD — SENATE January 21, 2003 National Association of Developmental ESTIMATED ALLOCATIONS FOR IDEA GRANTS TO STATES derful leader of the Democrats at that Disabilities Councils. BASED ON FY02 APPROPRIATIONS, FY03 REQUEST ($1 time. We struggled over how much National Association of Elementary School BILLION INCREASE OVER FY02), AND $2.5 BILLION IN- money would be needed. We came up Principals. National Association of Federal Education CREASE OVER FY02—Continued with a solution and then agreed the Programs Administrators. [Estimates are rounded to the nearest $000; totals may not sum due to Federal Government ought to come up rounding; amounts are for policy analysis purposes only; dollars in thou- National Association of Federally Im- sands] with 45 percent of the burden that was pacted Schools. placed upon the States. National Association of Protection and Ad- DODD I stand today somewhat sad in the vocacy Systems. Omnibus: amendment: FY2002 es- FY2003 sense we still have not reached that National Association of Secondary School FY2002 timates estimates promise or anywhere near it. We are Principals. State preliminary allocations based on based on FY National Association of Social Workers. President’s 2002 appro- about half of that now. I look at severe request priation + cuts that have occurred and the lack of National Association of State Boards of $2.5 billion Education. money for the States and see they are National Association of State Directors of West Virginia ...... 51,338 57,475 67,615 imperiled at this point to be able to Special Education, Inc. Wisconsin ...... 140,643 159,051 188,623 Wyoming ...... 16,711 19,181 22,511 give not only a good education, as re- National Association of State Legislators. quired in the constitutional mandate, National Center for Learning Disabilities. Subtotal for States ...... 7,396,822 8,393,339 9,893,341 to young people with special needs but National Coalition on Deaf-Blindness. Set Asides for Outlying Areas, BIA, and Evaluation ...... 131,711 135,194 135,192 National Conference of State Legislators. also of all children because of the dire National Education Association. Total Appr/Request ...... 7,528,533 8,528,533 10,028,533 circumstances we have. I first thank my good friend, Senator National Governors Association. Source: CRS analysis based on data from ED Budget Service. National Indian Education Association. Notice: These are estimated grants only. In addition to other limitations, DODD, for bringing this important National Parent Network on Disabilities. much of the data which will be used to calculate final grants are not yet amendment to the floor. This amend- available. These estimates are provided solely to assist in comparisons of National Parent Teacher’s Association. the relative impact of alternative formulas and funding levels in the legisla- ment is about making sure that all National Rural Education Association. tive process. They are not intended to predict specific amounts which states children have an opportunity to learn, National School Boards Association. (LEAs, etc.) will receive. and I want to urge my colleagues to National Science Teachers Association. Mr. DODD. I yield back the remain- New York City Board of Education. support this very critical amendment. School Work Association of America. der of my time. We must recognize that we cannot School Social Work Association of Amer- The PRESIDING OFFICER. The provide all of our children with the op- ica. Democratic whip. portunity to achieve unless we support Mr. REID. I ask unanimous consent our children with adequate resources. EXHIBIT 3 that I be added as a cosponsor to this The level of funding for education in important amendment. this omnibus appropriations bill is ESTIMATED ALLOCATIONS FOR IDEA GRANTS TO STATES The PRESIDING OFFICER. Without unconsicionable. BASED ON FY02 APPROPRIATIONS, FY03 REQUEST ($1 objection, it is so ordered. BILLION INCREASE OVER FY02), AND $2.5 BILLION IN- Mr. REID. I say to my friend from When I first arrived in Congress in CREASE OVER FY02 Connecticut, his speech said it all. In 1975, one of the first legislative initiatives I worked on was the Education [Estimates are rounded to the nearest $000; totals may not sum due to addition to the speech he gave today, rounding; amounts are for policy analysis purposes only; dollars in thou- for All Handicapped Children Act, now sands] he has been a vocal advocate for change for many years. He is to be known as IDEA. We wrote the legisla- DODD complimented and applauded for his tion to ensure that children with dis- Omnibus: amendment: abilities receive the special education FY2002 es- FY2003 work. FY2002 timates estimates I hope this amendment passes. Every and related services they need and de- State preliminary based on based on FY serve. This is expensive. allocations President’s 2002 appro- amendment we have offered on this request priation + side has been very important. We have We also recognized, however, that $2.5 billion not done very well with the amend- educating children with disabilities Alabama ...... $119,994 $135,572 $160,598 ments because they have been straight would be very costly, and therefore Alaska ...... 22,200 25,481 29,904 promised that the Federal Government Arizona ...... 111,046 127,461 149,586 party-line votes. In this instance, I Arkansas ...... 71,962 82,600 96,938 hope the children Senator DODD has would pay 40 percent of the excess cost California ...... 781,663 897,214 1,052,954 of educating children with disabilities. Colorado ...... 94,049 107,952 126,690 talked about would be taken into con- Connecticut ...... 89,246 99,915 117,543 sideration. At that time, nearly half of all dis- Delaware ...... 20,346 23,354 27,407 abled children, approximately 2 million District of Columbia ...... 10,230 11,742 13,780 As indicated, it would be so impor- Florida ...... 405,996 457,128 539,273 tant to the State of Nevada. It is a children, were not receiving a public Georgia ...... 195,217 224,075 262,971 education. They were not even in Hawaii ...... 25,660 29,453 34,566 modest increase but it would certainly Idaho ...... 34,534 39,639 46,520 take care of a lot of problems that the school. Another 2 million children were Illinois ...... 336,545 379,984 449,770 placed in segregated, inadequate class- Indiana ...... 170,909 192,168 226,322 school districts have in Nevada. Iowa ...... 82,527 92,393 108,694 Again, I congratulate my friend from rooms. It was brutal. Kansas ...... 70,916 80,242 95,225 Today, IDEA serves approximately 6 Kentucky ...... 104,534 117,890 139,346 Connecticut and hope very much this Louisiana ...... 119,377 137,024 160,809 amendment will pass. million disabled children. IDEA has Maine ...... 36,989 41,411 48,717 been very successful in providing the Maryland ...... 131,489 148,070 174,709 The PRESIDING OFFICER. The Sen- Massachusetts ...... 191,891 214,831 252,734 ator from Vermont. basic constitutional right of an edu- Michigan ...... 260,223 295,771 350,539 Mr. JEFFORDS. Mr. President, like cation to our children with disabilities: Minnesota ...... 128,322 143,662 169,425 Mississippi ...... 77,199 87,876 103,993 the Senator from Connecticut, I was dropout rates have decreased, gradua- Missouri ...... 153,554 171,910 202,241 here in 1975. This was an unusual year tion rates have increased, and the per- Montana ...... 23,560 27,042 31,736 Nebraska ...... 50,476 56,510 66,480 for Republicans. This was the Water- centage of college freshmen with a dis- Nevada ...... 41,761 47,934 56,255 gate year, and I was one of the very few ability has almost tripled. New Hampshire ...... 32,080 35,915 42,252 New Jersey ...... 244,341 273,550 321,814 who was enabled by the political proc- IDEA has helped individuals with dis- New Mexico ...... 61,595 68,958 81,125 ess to represent the State of Vermont New York ...... 509,444 573,817 677,232 abilities become independent, wage- North Carolina ...... 202,782 229,818 273,162 at that time. Because there were so few earning, tax-paying contributors to North Dakota ...... 16,521 18,963 22,254 Republicans at that time, the day I Ohio ...... 288,468 330,031 388,587 this Nation. Oklahoma ...... 98,503 112,024 132,690 walked on the floor, I ended up being The problem, however, is that we Oregon ...... 86,419 98,061 116,413 the ranking member on the Select Edu- Pennsylvania ...... 281,606 319,827 379,343 have not kept our promise of helping Puerto Rico ...... 67,880 77,914 91,439 cation Committee which handled this the States pay for the costs of edu- Rhode Island ...... 29,561 33,095 38,934 issue in the House. Thus I have a per- South Carolina ...... 115,464 129,822 152,889 cating children with disabilities. Al- South Dakota ...... 19,680 22,590 26,511 sonal understanding of the need and a though Congress has increased IDEA Tennessee ...... 154,805 175,401 208,004 personal responsibility. TED KENNEDY Texas ...... 608,103 697,998 819,157 funding in recent years, it has woefully Utah ...... 68,595 78,736 92,403 was on that conference committee with failed to meet its obligation to fully Vermont ...... 15,929 18,284 21,458 the Senate, Bob Stafford was another Virginia ...... 181,316 204,243 241,077 fund IDEA. Until we do that, we will Washington ...... 142,623 162,181 192,123 one, and John Brademas was the won- not have done what we promised.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1199 Rather than contributing the 40 per- until we can clarify where we stand land, who is here—and Senator DAYTON cent as promised, currently, we only vis-a-vis this amendment. from Minnesota is on his way—we pay about 17 percent. Mr. REID. Will the Senator yield? could work up a proposal and come I would like to recognize Senators Mr. REED. I yield. back later in the afternoon when the HARKIN and HAGEL, and, of course Sen- Mr. REID. It is my understanding other Members are here and finish up ator DODD, for their unyielding com- you will offer an amendment in a dif- the debate on that and allow these mitment to our children and to our ferent form than the Dodd amendment, other amendments to be debated, since schools, and I look forward to con- and there would be two side-by-side those Senators are here. tinuing to work with them to fully amendments; is that right? Mr. GREGG. I would like to get back fund IDEA. Mr. GREGG. That is correct. to getting the floor at a reasonable The underlying appropriations bill Mr. REID. We are working on that. I point of time. I suggest at 2 o’clock I only increases IDEA funding by $1 bil- spoke to Senator DODD and he feels we be recognized to offer my amendment. lion. At that rate, we’re on course to would have 30 minutes equally divided Mr. REID. I think the Senator’s fully fund IDEA in the year 2035. I prior to the vote. original suggestion is the better of the know that the children of Vermont, Mr. GREGG. That would be reason- two. I ask unanimous consent the Dodd and the children across this country, able. Assuming all debate on the amendment be set aside and Senator cannot wait another 32 years. amendment of Senator DODD—that REED be recognized to offer his amend- And yet, as we continue to underfund there is no further amendment, with ment, speak up to 15 minutes, and then IDEA, the costs associated with edu- debate going forward until that time. we will return to the Dodd amendment cating children with disabilities con- Mr. DODD. If the minority whip will and try to work out something. tinue to rise and absorb increasingly yield, my intention was to make a few Mr. REED. Reserving my right to ob- larger portions of school districts’ additional comments, but I have spo- ject, Senator COLLINS of Maine, also a budgets. ken on the amendment. I would like cosponsor, wants to speak on this For example, in my State of some idea of when we might do this. I amendment. Vermont, the special education costs know the Senator from Rhode Island Mr. REID. There will be ample time have increased by 150 percent over the has an amendment. later for her to do that. past 10 years, and the Federal under- Mr. GREGG. I suggest, if the Demo- Mr. REED. So her rights will be pro- funding leads to the State and local crat assistant leader is so inclined, we tected. districts to spend approximately $20 now have a vote at 5:15. Why not begin Mr. REID. Yes. million more from local sources than if at what time before that? The PRESIDING OFFICER. Without Federal funding were provided at the Mr. REID. The two leaders have to objection, it is so ordered. The Senator maximum level. I know that these work out what the sequence of votes is from Rhode Island. problems are not unique to Vermont; going to be. We have the Dodd amend- AMENDMENT NO. 27 but rather, they are shared by States ment which has been laid down. We (Purpose: To provide additional amounts for and school districts across the country. have the Edwards amendment which is low-income home energy assistance) And now State governments are bat- pending. We have Senator REED of Mr. REED. Mr. President, I am offer- tling the worst fiscal conditions since Rhode Island offering an amendment ing an amendment today to increase World War II. According to the Na- on LIHEAP, cosponsored with Senator funding for the LIHEAP program, the tional Governors Association, budget COLLINS. We have Senator DAYTON Low-Income Home Energy Assistance shortfalls will be as high as $50 billion coming in a few minutes to offer one on Program, to $2 billion for this fiscal this year and $60 to $70 billion next corporate expatriation. They have to year. I am offering this amendment year. Accordingly, State education figure out the sequencing of votes. We with my colleague and friend from budgets throughout the country are are trying to do as we have been told— Maine, Senator SUSAN COLLINS. Sen- facing severe cuts, and schools must to offer as many amendments as pos- ator COLLINS wanted to be here to offer take drastic measures just to make sible. I suggest this can be worked out the amendment with me, but she is ends meet, no less meet the burden- between the Senators from New Hamp- traveling from Maine in very difficult some mandates of the No Child Left shire and Connecticut, but we would weather circumstances today, and Behind law. like to get to this. when she arrives this afternoon she This amendment represents a signifi- Mr. GREGG. Mr. President, how will take the floor to speak on behalf of cant step forward providing some relief much time does Senator REED require? this amendment. to our schools, and I emphasize the Mr. REED. Around 10 or 15 minutes. I also thank my colleagues, Senator word ‘‘some.’’ We must recognize that No longer. DAYTON, Senator SNOWE, Senator JEF- we cannot provide all of our children Mr. GREGG. I suggest after Senator FORDS, Senator KENNEDY, Senator with the opportunity to achieve unless REED completes the presentation of his DEWINE, Senator SARBANES, Senator we support our children with adequate amendment, we go back to the Dodd CANTWELL, Senator STABENOW, Senator resources. We must provide our schools amendment. Hopefully, I can lay down CLINTON, Senator DODD, Senator with those desperately needed re- my amendment and spend up to an KERRY, Senator LEVIN, Senator sources and perhaps then we can ensure hour, equally divided, on it at that CORZINE, Senator LEAHY, and Senator that, indeed, not one of our children is point and proceed to the next item of DURBIN, who are all cosponsors of this left behind. The President has made business. amendment. that promise, but I see nothing in the Mr. REID. If my friend will withhold, At this juncture I ask unanimous budget or anywhere else that indicates my only point is that we have been try- consent that Senators CHAFEE, SCHU- an attempt to bear that cost our States ing to do as your leader wants us to do MER, HARKIN, FITZGERALD, MURRAY, have shouldered for so long. This and line up a bunch of amendments. We BINGAMAN, and LAUTENBERG be added amendment brings us that little bit have Senator DAYTON coming at 1 as cosponsors of this amendment. closer to our obligation to America’s o’clock, and I have announced that pre- The PRESIDING OFFICER. Without children. I urge my colleagues to sup- viously. He is not going to take too objection, it is so ordered. port this amendment and vote yes. long. But I am happy to go along with Mr. REED. As you can see, this I yield the floor. what the Senator suggested. We will amendment enjoys widespread and bi- The PRESIDING OFFICER. The Sen- get the Reed amendment laid down and partisan support. I think it is clear, ator from Rhode Island. come back to the Dodd amendment. particularly given the weather today, Mr. REED. Mr. President, I ask unan- Mr. DODD. That is fine. We have a that support is not unmerited. imous consent to lay aside the pending couple of other Members, I have just Let me begin by offering a weather amendment and ask for immediate been informed, who would like to speak report, if you will. It is today, in Wash- consideration of amendment No. 27, on the special education amendment. ington, around 30 degrees. But if you which is at the desk. They are not here yet because of the are outside, it feels much colder. The Mr. GREGG. Reserving the right to conditions outside. In order to accom- low will be somewhere around 14 de- object, I regret I have to object to this modate our colleague from Rhode Is- grees.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1200 CONGRESSIONAL RECORD — SENATE January 21, 2003 As you go along the country: Albany, As I said, we could add this $300 mil- something I believe we should support NY, today, 17 degrees the high; Balti- lion, but we are not requesting new extensively. I am pleased and proud more, 29 degrees; Chicago, 18 degrees; funding. This amendment simply re- that so many of my colleagues have Cleveland, 15 degrees; Des Moines, IA, quires the administration to give the joined Senator COLLINS and me on a bi- 12 degrees; Detroit, MI, 18 degrees; Mil- States the $300 million the Congress partisan basis. I hope this is one waukee, 14 degrees; Omaha, 12 degrees; provided in the fiscal year 2001 Supple- amendment we can quickly adopt and and my State, Rhode Island, they list mental Appropriations Act. Congress include in this omnibus appropriations the high as 23, but this morning when provided $300 million in LIHEAP fund- bill. I hope, also, we can at least signal I left at 5 a.m. it was 5 degrees, but ing 2 years ago to help these families to those people who are looking for with the wind chill factor it was below meet their needs when energy costs in- some modest assistance in these cold zero. crease, when there are significant dis- days that we have heard their calls, we This amendment is important be- connections of utilities because if you are responding to our political leaders cause there are Americans who are suf- can’t pay the gas bill or electric bill, at the State level, the Governors, and fering because of the cold. But it is not eventually you will be disconnected we are giving them the resources to at just about cold weather in certain and you will be without any type of en- least keep people from freezing in a parts of the country at this time of the ergy. very difficult time. year; the LIHEAP program is also im- All of these efforts in terms of fund- The PRESIDING OFFICER. Is the portant since it covers those hot ing LIHEAP have been urged on the Senator calling up his amendment? Mr. REED. I asked in my initial stretches in the summertime when en- present administration by the Gov- statement that we call up amendment ergy bills in the Southwest and the ernors. They understand because they No. 27. I ask now it be called up. Southeast are astronomical and impact are right there in the trenches, if you The PRESIDING OFFICER. The adversely low-income Americans. will, dealing with the issue of people clerk will report. We need this program throughout the literally freezing today and sweltering The assistant legislative clerk read year. We particularly need it today to in the summertime. as follows: protect people from the cold, but, as I Cutting heating assistance for sen- The Senator from Rhode Island (Mr. said, those individuals who live in Ala- iors and low-income Americans is not REED) for himself, Ms. COLLINS, Mr. DAY- bama or Arkansas or Texas or southern the way to go, particularly when it is TON, Mr. JEFFORDS, Mr. DEWINE, Mr. KEN- California need LIHEAP in the sum- juxtaposed against proposed significant NEDY, Mr. SARBANES, Ms. CANTWELL, Ms. mertime and it should be there for tax cuts. If we can’t at least provide STABENOW, Mrs. CLINTON, Mr. DODD, Mr. them, as it should be for those people people with a warm shelter in the win- KERRY, Mr. LEVIN, Mr. CORZINE, Mr. LEAHY, who struggle today with the cold ter and a cool shelter in the summer Mr. DURBIN, Ms. SNOWE, Mr. CHAFEE, Mr. SCHUMER, Mr. HARKIN, Mrs. MURRAY, Mr. weather in the Northeast and Midwest. when thinking about large-scale tax BINGAMAN, Mr. LAUTENBERG, and Mr. ROCKE- In fact, yesterday the coldest place in cuts, to me, seems somewhat inappro- FELLER, proposes an amendment numbered America was Embarras, MN, minus 26 priate. 27. degrees. It is one thing to be in Embar- LIHEAP, even with our amendment, The amendment is as follows: ras, but it is also something else to be will be seriously underfunded. Pro- (Purpose: To provide additional amounts for freezing in Embarras. So I think we viding this $2 billion in regular funding low-income home energy assistance) have to do something to ensure that we to the program will just equal the pur- At the end of the general provisions relat- can protect low-income Americans chasing power of last year. What it ing to the Department of Health and Human from the cold that is affecting them does not recognize is that energy prices Services, add the following: today. are soaring. Today, on the front page of SEC. ll. The Supplemental Appropria- Twenty-five years ago Congress the Providence Journal, there is an ar- tions Act, 2001 (Public Law 107–020) is amend- passed the LIHEAP program. They ed, in the matter under the heading ‘‘LOW IN- ticle about the cold wave that is sweep- COME HOME ENERGY ASSISTANCE’’ under the knew that people struggling with all ing our region of the country, but also heading ‘‘ADMINISTRATION FOR CHILDREN AND sorts of expenses—raising a family, the fact that in order to keep up with FAMILIES’’ under the heading ‘‘DEPART- providing food to put on the table— the demand for oil, which is our prin- MENT OF HEALTH AND HUMAN SERV- they needed help in these cold months cipal fuel, because the demand is so ICES’’, in chapter 7 of title II, by striking in the Northeast and those hot spells in huge, our Governor had to suspend reg- ‘‘amount for’’ and all that follows, and in- the Southeast, to provide for assist- ulations to allow delivery drivers to serting the following: ‘‘amount for making ance so they could afford the energy payments under title XXVI of the Omnibus work through periods of time when Budget Reconciliation Act of 1981, they needed. they are normally required to rest. $300,000,000.’’. During his campaign, President Bush What is also happening is the prices are Mr. REED. I thank the Chair. promised to fully fund LIHEAP to help jumping up because of uncertainty in Mr. JEFFORDS. Mr. President, I am these low-income families meet their Venezuela and uncertainty in the gulf. very pleased to support this bipartisan needs for heat in the winter and cool- This combination of increased prices, amendment to provide additional funds ing in the summer. If he stood by his cold temperatures, and also an econ- for the Low Income Home Energy As- promise, the President would demand omy that sees more and more people sistance Program (LIHEAP). At a time the $2 billion for which we are asking; unemployed, is the perfect storm, if when home heating prices are increas- rather, he has proposed cutting that you will, when it comes to requiring ing dramatically and temperatures in money. This year, despite rising energy assistance for heating throughout the my home state of Vermont are plung- prices, colder weather, and increased Northeast in particular. ing, we can ill afford cuts in the unemployment, the President’s budget There is something else that happens LIHEAP program. has proposed to cut LIHEAP by $300 when people are challenged for energy, I have fought for years to make sure million. This cut would deny assistance when they do without. They take their that no Vermonter has to choose be- to literally hundreds of thousands of own improvisational means to keep tween heating and other of life’s neces- Americans. The appropriations bill warm. They turn the electric stove on sities such as putting food on the table that we are considering today does re- and open up the oven. They go out and or prescription drugs. I am very mind- store part of this funding. I commend buy portable heaters. It is more than ful of the financial strains that low-in- and thank Senators STEVENS and BYRD coincidence that the number of house come Vermonters feel when the weath- and SPECTER and HARKIN and their fires shows a sharp increase in the er gets cold. staffs for their hard work to maintain months of cold weather in the North- We must continue to make sure that this funding, but we want to restore an east because people are improvising. So funding for LIHEAP is a priority of additional $300 million to bring it up to this is another danger that must be this administration and of the Con- the $2 billion level that will just be, in recognized. gress. I am hopeful that LIHEAP will terms of purchasing power, equal to This amendment simply allows peo- continue to provide a safety net to last year. We want to do that and I ple to stay warm in the winter and to families and the elderly who are buf- hope we can do that today through this escape scorching heat in the summer- feted by high fuel prices, loss of bene- amendment process. time. It is something that is basic. It is fits, and sickness.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1201 I am going to close this short state- So far this year, it has snowed just So I urge my colleagues to support ment with this week’s forecast from about every day in Oswego County. this common sense amendment to pro- the National Weather Service for Twice this month, lake-effect storms vide an additional $300 million in reg- Chittenden County. In very stark dumped several feet of snow on the ular program funding for the Low-In- terms, more than any speech, it dem- county. In the city of Oswego, snow fell come Home Energy Assistance Pro- onstrates the need for LIHEAP in at a rate of 6 inches per hour for about gram. Vermont. 4 hours last Wednesday. Mr. KOHL. Mr. President, I rise Tonight. Mostly clear and bitterly So it’s no surprise that applications today to support my colleagues’ cold. Low 10 to 15 below zero. North- for LIHEAP assistance in New York amendment increasing LIHEAP fund- west wind 10 to 20 mph early tonight. State are up from last year—by at ing. In Wisconsin the Low Income Diminishing to 10 mph late. Wind chills least 9,000 households. Home Energy Assistance Program is 20 to 25 below zero. That is why instead of proposing to not a luxury but a necessity. Many Wednesday. Mostly sunny and con- cut this vital program by $300 million people around my State depend on this tinued very cold. High around zero. as the Bush Administration has done, funding to heat their home and protect Northwest wind 10 to 15 mph. we are here today offering an amend- their families, especially in this econ- Wednesday night. Increasing clouds. ment to increase the funding for omy. Already this heating season the Low 10 below to 20 below. LIHEAP provided in this bill by $300 State of Wisconsin has almost 4,000 Thursday. Becoming cloudy with million. The $300 million cut proposed more people being served by LIHEAP light snow likely in the afternoon. by the Bush administration would have than last year at this time. This 13 per- High 5 to 15 above. Chance of snow 60 forced the State of New York to ‘‘freeze cent increase is a sign of the high en- percent. out’’ an estimated 80,000 families who ergy prices and worsening economy Thursday night. Mostly cloudy with previously benefited from the vital putting the squeeze on families. The a chance of snow showers. Low 5 below LIHEAP program. price of the program has skyrocketed to 5 above. Chance of snow 30 percent. Under this amendment, New York as well, almost $8 million more than and other states will be able to help Friday. Partly cloudy. High 10 to 15. last year at this time for a 36 percent tens of thousands more families with Saturday. Partly cloudy. Low 5 below increase in cost. The small increase home heating assistance, rather than to 5 above and high in the teens. from last year proposed in the under- leaving families—literally—out in the Sunday. Cloudy with a chance of lying bill will not be sufficient to meet cold. The change in seasons needs to be snow. Low 5 below to 5 above and high the needs of my constituents. Without accompanied by a change of heart—and in the lower 20s. the additional $300 million called for in that is why we are here today offering Monday. A chance of snow showers. this amendment, Wisconsin will run this amendment. Otherwise partly cloudy. Low zero to 10 out of funding in early May, almost a above and high in the lower 20s. An additional $60 million in LIHEAP funding that was released to New York month earlier than in years past. Mr. President, I yield the floor. Constituents are calling and writing State earlier this month received a Mrs. CLINTON. Mr. President, I rise my office concerned about running out today in strong support of this amend- warm welcome—particularly from the thousands of New York families that of LIHEAP assistance. They are unem- ment, which I am proud to cosponsor ployed and facing steep bills for energy to provide an additional $300 million in are now able to heat their hoes without having to forgo other, basic household as well as rent and health care and Low-Income Home Energy Assistance they are worried they won’t be able to Program—or LIHEAP—funds for the expenses—like buying groceries. And this additional $300 million will receive make ends meet. The average benefit current fiscal year. in my state is $369, an amount that With unemployment rising, tempera- an equally warm welcome. I want to commend our colleagues on would be almost impossible for a fam- tures dropping, and energy prices pro- the Senate Appropriations Committee ily on unemployment to pay. Heating a jected to soar, New Yorkers and others who voted last year not to cut the house through the Wisconsin winter is around the country need access to en- LIHEAP program as was proposed by more expensive and takes more energy ergy assistance more than ever. Colder the administration, but rather to keep than cooling a house through a sum- than normal temperatures in October, it at its previous level of $1.7 billion. mer down south. We have to recognize November, December, and January Thankfully, the bill we are considering that challenge and help these people. have boosted overall heating demands today contains approximately $1.6 bil- The $1.7 billion in the bill still leaves above previous expectations. In fact, lion in LIHEAP funding for the current 8,803 people in my state without bene- conditions this winter are projected to fiscal year. But that is still not fits. Almost 9,000 people who are eligi- be as much as 18 percent colder than enough. ble for LIHEAP will go without be- last winter, according to the U.S. En- Many of my colleagues and I have cause there is not enough money. ergy Information Administration. asked the administration to release the There are thousands in my state who People in my state know what cold hundreds of millions of dollars in emer- need this money but do not apply be- means. Ask anyone who has been to gency funds that are still available in cause they don’t know about the pro- Buffalo where it feels like zero degrees order to help low-income families and gram or don’t realize they are eligible. Fahrenheit today; Rochester where it the elderly in New York and around The money today is only the tip of the feels like 6 degrees; Syracuse where it the country pay their heating bills. iceberg. This extra $300 million will feels like 5 degrees; Binghamton where With our economy in crisis, this is no help reach these folks who are not it feels like minus 2 degrees; Platts- time to be heaping additional financial being helped, and will help them pay burgh where it feels like minus 7 de- burdens on our low income residents their bills until the heating season is grees; Albany where it feels like minus and forcing them to choose between over. 2 degrees; or any town in New York paying for food and paying their energy Mr. SARBANES. Mr. President, I rise State in the winter months. It’s cold. bill. today to speak in strong support of Today, the National Weather Service That is why we are offering this Senator REED’s amendment, which has issued a hazardous weather outlook amendment today, to convert $300 mil- would ensure that the Low Income for western and north central New lion in already-appropriated emergency Home Energy Assistance Program York. Very cold air will dominate the LIHEAP funds to regular program (LIHEAP) is funded at an amount close region overnight, with temperatures funds, so that these funds can be spent to the level authorized by the Senate again falling into the single digits from now to help families in need. Because for the current fiscal year. the Finger Lakes west, and below zero for low-income families and the elderly As he traveled through colder cli- to the east. According to the Weather in New York State and around the mate areas in the Northeast and Mid- Service, these temperatures will com- country who are having to choose be- west in 2000, President Bush cam- bine with winds to produce bitterly tween food and heating their homes, paigned on a promise to fully fund this cold wind chills below minus 15 degrees between prescription drugs and heating vital program, which assists senior in most areas, and below minus 20 de- their homes—this is an emergency, not citizens and low-income households grees in the North Country. question about it. with their basic home heating costs.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1202 CONGRESSIONAL RECORD — SENATE January 21, 2003 Regrettably, the President decided to the Bush administration’s failure to Due to the dire economic cir- retreat from this commitment, pro- step in and stem the economic bleeding cumstances in which many of my posing $1.4 billion for LIHEAP in his in my state resulting from sky- state’s working families find them- fiscal year 2003 budget—a $300 million rocketing electricity prices. But not selves, I have repeatedly asked this ad- cut from the previous year’s funding only did this administration sit idly by ministration to release a portion of level for the program. as Enron and others conspired to wreak those funds to Washington State. Meanwhile, plunging temperatures havoc on the economy of the West, this In October 30, 2001, in testimony be- and rising heating costs are putting administration has also ignored re- fore the Senate Health, Education, some of the most vulnerable Americans peated pleas to release the LIHEAP Labor and Pensions Committee, Assist- at risk this winter. Indeed, only a frac- money that would aid those very citi- ant Health and Human Service Sec- tion of those eligible to receive zens who have suffered the most from retary Wade Horn stated that LIHEAP LIHEAP assistance will actually ben- its inaction. fulfills a ‘‘dual responsibility to pro- efit from the program at current fund- As my colleagues may recall, during vide ongoing assistance where it is ing levels. Furthermore, heating bills the height of the western energy cri- most needed and to respond to emer- are significantly higher than they were sis—which we now know resulted at gency situations such as extreme at this point last year. According to least in part from the manipulations of weather conditions, supply disruptions the Energy Information Administra- Enron and potentially other energy or price spikes.’’ At the same time, he tion, which released its monthly short- companies—wholesale electricity indicated that there were no plans to term outlook on January 8th, the price prices spiked to as much as 1,000 per- release emergency funds due to a drop of natural gas has risen 34 percent com- cent above normal. in fuel prices as well as forecasts of a pared to last winter’s costs. Heating oil While prices on the wholesale mar- relatively mild winter. prices have increased a remarkable 43 kets have now stabilized, one daunting In response, I was joined by my col- percent. reality we face in Washington state is league Senator MURRAY as well as six Senator REED’s amendment would in- that, despite a series of rate increases other members of the Washington dele- crease LIHEAP funding for the current that had reached almost 50 percent in gation in sending a December 10, 2001 fiscal year to a level close to the Sen- some areas by September 2001, the letter to Health and Human Services ate-authorized amount of $2 billion by worst of this crisis is not yet over. The Secretary Tommy Thompson, pointing transferring the funds already appro- Bonneville Power Administration, out that some 73 percent of Washing- priated by Congress in the Emergency which markets about 70 percent of the ton’s low-income households are heated Supplemental Appropriations Act of power consumed in Washington, subse- by electricity—rather than natural gas 2001—but not spent by the President— quently put in place a rate increase of or oil, as in other parts of the coun- to the omnibus appropriations bill now more than 40 percent in October 2001. try—and that retail rates continued to pending before the Senate. This impor- My State and region continue to rise rapidly. I would also point out that tant amendment will ensure that the struggle to pay power costs incurred since 1980—when LIHEAP was first au- administration does not deny these during the crisis, at least in part due to thorized—electricity prices have funds to the scores of households who the Federal Energy Regulatory Com- climbed 180 percent on a national basis, desperately need this assistance to mission’s failure to act and void exor- while oil, natural gas and propane simply keep warm this winter. bitantly prices contracts signed with prices have been relatively more sta- I urge my colleagues to join me in the likes of Enron. And just this week ble. In light of all this, we requested an supporting the Reed amendment. I learned that, as a result, the North- immediate release of the then-$300 mil- Ms. CANTWELL. Mr. President, I west faces the prospect of yet another lion in emergency LIHEAP money. no rise today in support of this amend- round of double-digit rate increases money was released. ment to provide much-needed assist- later this year. On March 8,, 2002, after Congress had ance to our Nation’s low-income fami- Already, Washington State has suf- added another $300 million to the lies. The amendment before us today fered from the second or third highest LIHEAP contingency fund and Assist- would use $300 million in contingency unemployment rate in the nature for ant Secretary Horn had, in his response funds included in the fiscal year 2001 almost a year. Already, utility dis- to our first letter, suggested that supplemental appropriations bill be connection rates have quadrupled in should there be an emergency, the ad- provide additional money for states some areas of my State. ministration would release the nec- struggling to keep pace with demand Already I receive letters from con- essary aid, I wrote again to suggest we for the Low-Income Home Energy As- stituents who have to make the choice had reached that point. sistance Program. between buying prescription drugs and Washington State’s utility shutoff The Low-Income Home Energy As- paying their electricity bills. So my moratorium was set to expire, and 5 sistance Program, LIHEAP, provides colleagues can imagine just what kind inches of snow had just fallen in the critical aid to many of our Nation’s of threat further electricity rate in- eastern part of my State. Still no funds most vulnerable citizens. According to creases pose to the prospect of an eco- were released. the National Energy Assistance Direc- nomic recovery. On April 12, 2002, I wrote yet another tors Association, as many as 5 million I could recount in much more detail letter—this time to OMB Director households received LIHEAP assist- this administration’s flagrant dis- Mitch Daniels. After a phone call, he ance during fiscal year 2001—the last regard for the statutory requirement requested more information on Wash- year for which such data is available. that consumers be charged ‘‘just and ington State’s particular situation. My Since then, of course, the need for reasonable’’ electricity rates. But office provided this information in an this program has grown almost expo- today, I want to focus on the fact it April 17, 2002 letter. Still no funds were nentially. In many places—particularly continues to ignore the plight of citi- released. in the western part of our country—the zens who have borne the brunt of the On May 28, 2002, I joined with a num- downturn in our nation’s economy has economic crisis the administration ber of my Senate colleagues from conspired with soaring retail energy itself had a hand in creating. across the country in sending a letter costs to create record-breaking demand During fiscal year 2002, the Bush ad- to President Bush, arguing that many for LIHEAP dollars. ministration had at its disposal a total States had already exhausted their an- I want to explain to my colleagues of $600 million in LIHEAP contingency nual LIHEAP allocation. Still no funds precisely why this amendment is so im- funds. Congress appropriated a total of were released. portant to so many families in my $300 million of these funds as part of Finally, on August 9, the administra- state. On a number of previous occa- that year’s Labor-HHS appropriations tion released $100 million of the total sions—during debate on the Senate en- bill; the remaining funds were appro- $300 million available in fiscal year 2002 ergy bill, at various junctures during priated as part of the fiscal year 2001 LIHEAP contingency funds. Unfortu- the Western energy crisis and the ensu- Supplemental bill, which included $300 nately, Washington State was not on ing investigations of Enron and oth- million in LIHEAP funds that remain the list to receive any of this addi- ers—I have spoken on this floor about available until expended. tional money.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1203 What this amendment proposes to do in 2000 and 2001, the West coast states are sumer Rights, a nonprofit group based in Los is take the $300 million in contingency hoping to get settlement money from more Angeles. The group calculates that Cali- LIHEAP funds Congress appropriated than a dozen energy trading companies. fornia power customers overpaid a total of The companies say they acted legally in $70 billion. in fiscal year 2001 and distribute it to taking advantage of a unique market condi- At the height of the energy troubles, the this Nation’s many families in need. tion, but state officials say the companies trading companies boasted of record profits I ask unanimous consent to print in created a fake energy crisis. in their quarterly reports. But many of those the RECORD and article from the De- At the height of the rise in energy costs in companies are now near bankruptcy as they cember 22, 2002 New York Times, enti- early 2001, the Bush administration said the cope with a downturn that has caused the en- tled ‘‘The Legacy of Power Cost Manip- West Coast’s troubles were a precursor of ergy trading sector to lose 80 percent of its ulation,’’ which describes the situation what would happen if the nation did not value, according to Wall Street analysts. ‘‘It’s like the highwayman robbed us and in Snohomish County, WA. build 1,900 power plants over the next 20 years. then spent all the money on booze,’’ Mr. There being no objection, the mate- But state officials in the hardest-hit areas Heller said. rial was ordered to be printed in the say the crisis was never about energy short- The companies themselves blame the RECORD, as follows: ages so much as it was about an epic transfer states. In one case that was heard this month, William A. Wise, chief executive of LEGACY OF POWER COST MANIPULATION of wealth. They want payback—in some the El Paso Corporation, which is based in (By Timothy Egan) cases for immediate relief to consumers who cannot pay their bills this winter. Houston, denied manipulating the market EVERETT, WASH. Two years ago this month, Last month, the Williams Company, in and blames the officials who set up Califor- a record was set at the height of the West Tulsa, Okla., agreed to a $417 million settle- nia’s deregulated energy market for causing Coast energy crunch: an hour of electric ment with Washington, Oregon and Cali- the price run-ups with ‘‘one bad policy after power was sold for $3,250—more than a hun- fornia. While admitting no wrongdoing, Wil- another.’’ dred times what the same small block had liams agreed to pay refunds and other res- Under a New Deal-era law, power compa- cost a year earlier. titution to the three states; in return, the nies can be forced to pay refunds if they have Now, power supplies are abundant and states dropped an antitrust investigation. charged an ‘‘unreasonable and unjust’’ wholesale prices have plummeted. But the Among large energy companies, the states amount for electricity. The Federal Energy fallout from what state officials say was the are seeking refunds from the Mirant Cor- Regulatory Commission, which West Coast largest manipulation of the energy market poration, Reliant Resources Inc., Dynegy governors say did very little to restrain in modern times has continued to hit West Inc., Duke Energy and Enron. power traders during the height of the run- Coast communities hard. Here in Snohomish ‘‘All of us on the West Coast have been ups, will determine the exact refund amount, County, which has the highest energy rates hard hit by these rate increases, but the poor if any. In the meantime, electric rates throughout in the state, more than 14,000 customers have in this county have just been hammered,’’ the Pacific Northwest, once among the had their electricity shut off for lack of pay- said Bill Beuscher, who runs the energy as- cheapest in the nation, have climbed as ment this year—a 44 percent increase over sistance program in Snohomish County. Mr. much as 50 percent. 2001. They have seen electric rate increases Beuscher said that in the first two weeks the of 50 percent, as the Snohomish County Pub- California’s problems stem from its cha- winter energy assistance program was open otic attempt at energy deregulation, ap- lic Utility District struggles to pay for long- this year, requests for financial aid were up term power contracts it signed with compa- proved in 1996 and put in effect in 1998. The 55 percent from the same period last year. Northwest, with its tradition of publicly nies like Enron at the height of the price The power trading companies named in owned utilities, was drawn into the Cali- run-up. criminal investigations and refund cases did fornia crisis by a convergence of dry weather Aided by charities, most customers have not want to comment publicly while the had their power returned within a day of and freewheeling trading of its own. cases were pending. But several of the com- Usually, the Northwest avoids price fluc- being shut off, but others are forced to make panies that are fighting refunds have said in choices about which necessities they can live tuations by providing a steady stream of hy- their public filings that the utilities, par- droelectric power, aided by abundant winter without. ticularly in the Northwest, are trying to re- It’s a pretty tough thing trying to explain rainfall. But in late 2000, a drought in the nege on legitimate long-term contracts. Northwest forced utilities to buy power on to your 5-year-old kid why the lights won’t They said they did not act in collusion and come on anymore,’’ said Crystal Faye of the open market. Some utilities had also explained that the highest prices were a re- tried to sell power into the California mar- Everett. ‘‘I didn’t pay much attention to all sult of severe market shifts brought in part that stuff about California and Enron, but ket but were pinched by the drought. by the Northwest drought. At the same time, major energy traders it’s certainly come home to hurt us now.’’ In some cases, the power trading compa- were withholding blocks of power to create Ms. Faye and her husband, Rick, who are nies said, the utilities resisted buying short- the appearance of further shortages, accord- unemployed, have had their power shut off er contracts, which would have cost them ing to Enron memorandums discovered this twice this year. less. They also said that some Northwest year. Brianne Dorsey, a single mother, said she utilities took advantage of the price spikes Refunds were once thought to be unlikely. removed the baseboard heater in her home and sold power into the market themselves, But then came the memorandums—many of here and has had to rely on a small wood only to come up short later. The companies them detailing schemes to manipulate the stove for heat, because she is $1,000 behind in said they expected to be vindicated when the market under names like Death Star—and paying her electric bills. government finishes its refund cases next the agreement in October by Timothy N. Faced with such tales tied to rate in- spring. Belden, a former senior trader for Enron, to creases along the West Coast, states are try- Mr. Beuscher said he would like to see plead guilty to conspiring with others to ma- ing to get back some of what they lost dur- money from the Williams settlement be used nipulate the West Coast energy market. ing 18 months when energy prices seemed to to help people who cannot afford the rate in- Prosecutors say Mr. Belden is cooperating have no ceiling. creases. Consumers in Oregon and California with investigations of the power trading The decision this month by a federal regu- have made similar pleas. But officials in all companies. latory judge that California utilities had three states say that until there are larger ‘‘What really started the ball rolling were been overcharged by $1.8 billion bolstered the settlements with the energy companies, con- the smoking-gun memos, and then the guilty case of Northwest utilities seeking refunds, sumers are unlikely to see relief. plea has helped as well,’’ said Kevin Neely, a officials of those utilities said. It also an- ‘‘We hope that the Williams case serves as spokesman for the Oregon Department of gered California officials, who say they will a template,’’ said Tom Dresslar, a spokes- Justice. continue to press for a total of nearly $9 bil- man for the California attorney genera’s of- There is also continued bitterness among lion in refunds. The Federal Energy Regu- fice, ‘‘because California was monumentally West Coast officials toward the Bush admin- latory Commission is expected to decide on ripped off by these energy traders.’’ istration for waiting until June 2001 before Northwest refunds in the spring. About seven million consumers in Cali- putting price controls on the market, which No matter what the federal government de- fornia, who were initially shielded from hav- immediately ended the large price spikes and cides, officials say their best hope for coming to pay for runaway energy costs during rolling blackouts and brought stability. pensation is from a number of criminal in- the worst part of the state’s deregulation de- Since then, power use has fallen and prices vestigations being pursued by Nevada and bacle, are paying rate increases averaging 30 on the short-term market are about where the three West Coast states—Washington, percent more than the pre-deregulation they were before the energy run-up of 2000 Oregon and California. They liken their prices of 1996. The state has the highest en- and 2001. cause to state lawsuits against tobacco com- ergy rates in the nation, consumer advocates ‘‘It was a fallacy to blame this crisis on a panies, which started as long shots but re- say, although the structure of the rate in- lack of new power plants,’’ said Steven sulted in enormous settlements. crease allows poor people and low energy Klein, superintendent of Tacoma, Wash.’s Aided by a guilty plea in October from a users to escape the recent increases. public utility, Tacoma Power. ‘‘But it’s a former trader for Enron, and by newly dis- ‘‘I don’t hold out a lot of hope that we will shame what came of this. It put a dent in a covered internal documents describing how ever get significant refunds,’’ said Doug Hell- lot of family budgets, and forced some busi- companies manipulated the energy market er of the Foundation for Taxpayer and Con- nesses to close.’’

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1204 CONGRESSIONAL RECORD — SENATE January 21, 2003 Ms. CANTWELL. Mr. President, in unanimous consent agreement relative Senate, when we had control of the part the article says: to the Dodd amendment. Senate back in the 1990s—and now with Here in Snohomish County, which has the I ask unanimous consent that the President Bush—we are seeing the highest energy rates in the state, more than pending Dodd amendment be tempo- most significant increases in special 14,000 customers have had their electricity rarily set aside and that I be recog- education funding in the history of the shut off for lack of payment this year—a 44 nized in order to offer a first-degree program. Special education funding, as percent increase over 2001. They have seen amendment relating to the same sub- a function of the Federal Government, electric rate increases of 50 percent, as the ject matter; provided that there be 60 has increased faster than any other Snohomish County Public Utility District struggles to pay for long-term power con- minutes of total debate to be equally funding element within the Federal tracts it signed with companies like Enron divided between Senator GREGG and Government on a percentage basis. at the height of the price run-up . . . Senator DODD or their designees; pro- So let’s review the history. ‘‘It’s a pretty tough thing trying to explain vided, further, that following the use When the Republicans took control to your 5-year old kid why the lights won’t or yielding back of time, the amend- of the Senate in 1996, we made S. 1 the come on anymore,’’ said Crystal Faye of ments be temporarily set aside, with first bill introduced by the new Repub- Everett. ‘‘I didn’t pay much attention to all no amendments in order to either lican Senate. S. 1 called for significant that stuff about California and Enron, but amendment prior to the vote; finally, I increases in special education funding. it’s certainly come home to hurt us now.’’ Ms. Faye and her husband, Rick, who are ask unanimous consent that when the As a result, we have dramatically in- unemployed, have had their power shut off Senate votes in relation to these creased special education funding twice this year. amendments, the first vote in order be every year. That is as a result of the Brianne Dorsey, a single mother, said she in relation to the Gregg amendment. Congress’s effort, and now the Presi- removed the baseboard heater in home and The PRESIDING OFFICER. Is there dent’s effort, to the point where we are has had to rely on a small wood stove for objection? up to, this year, $7.5 billion in 2002. It heat, because she is $1,000 behind in paying Mr. REID. Mr. President, reserving will be $8.5 billion in 2003. It will be $9.5 her electric bills . . . the right to object, we know the Sen- billion in 2004 if we follow the Presi- Mr. President, this article details but ator is acting in good faith. We don’t dent’s proposals. two examples of the plight of far too have a copy of this amendment. We This is an important factor because many Washington state citizens— have a pretty good idea of what it is. this funding commitment was made by where an estimated 295,000 households We are confident that we have a gen- the Republican Congress, not by the were eligible for LIHEAP even before eral understanding of the amendment. prior administration. During President the Western energy crisis and economic We believe this would be appropriate. Clinton’s term in office, his proposed downturn collided to exact such a dev- We hope, when this debate is com- special education budget increases astating toll. In 2002, while the Bush pleted, that Senator DAYTON will have were essentially nonexistent. administration sat idly by, some 80 an opportunity to offer his amendment. In the year 1997, he proposed a $280 percent of Washington State’s eligible He is scheduled to be here at 1 o’clock. million increase. In the year 1998, he households received no LIHEAP assist- Senator INHOFE is also here. But let us proposed a $139 million increase. In the ance whatsoever. take one step at a time. Therefore, we year 1999, he proposed a zero increase Of the 20 percent that did, 74 percent have no objection. Let me also say that in special education funding. In the had children in the home, 14 percent of debate on this may not all be com- year 2000, he proposed a zero increase these households included disabled pleted this afternoon. Senator DODD in special education funding. But dur- Americans, and 10 percent included the would reserve whatever time is left of ing this exact period, special education elderly. his 30 minutes. funding went up, as I mentioned, rath- The amendment before us today The PRESIDING OFFICER. Without er dramatically. Why? Because the Re- sends a clear message: while the Bush objection, it is so ordered. publican Members of the Senate in- administration has turned a blind eye The Senator from New Hampshire. sisted upon it. We put it in our budget to the very real economic pain being AMENDMENT NO. 78 resolutions. We passed it out of our felt by our Nation’s most vulnerable (Purpose: To provide additional funding for budget resolutions. And as a result, we citizens—in my State, a pain exacer- special education programs) dramatically increased funding in the bated by a very real energy emergency Mr. GREGG. Mr. President, Senator special education accounts. There has with its roots in the western elec- DODD has offered an amendment which been a 224-percent increase in special tricity crisis—this Congress must not increases special education funding by education funding since 1996. turn its back. This amendment would $1.5 billion. As an individual who has Then President Bush came into of- ensure that an additional 11,000 house- spent a tremendous amount of time, fice. And to show the difference in pri- holds in Washington State, and many after being elected to this Senate, try- orities from one administration to an- more through the Nation, would re- ing to bring special education funding other administration, to show the im- ceive much-needed assistance in keep- in line with what the obligation of the portance—— ing the lights and the heat turned on. Federal Government is supposed to be The PRESIDING OFFICER. Will the I ask my colleagues to support this pursuant to the 1976 bill, I like the idea Senator send his amendment to the amendment. of increasing special education funding desk? Mr. REED. Mr. President, I ask unan- and, in fact, have driven the effort here Mr. GREGG. I am going to send it up imous consent that Senator ROCKE- in the Senate for many years to try to in a little while, Mr. President. FELLER be added to the amendment as do exactly that, increase special edu- To show the difference in its impor- a cosponsor. cation funding. tance in the two different administra- The PRESIDING OFFICER Mr. (EN- When special education was origi- tions and the impact it has on the spe- SIGN) Without objection, it is so or- nally proposed, as has been mentioned, cial education community in America, dered. the understanding was that the Federal when President Bush came into office Mr. REED. I thank the Chair. I sug- Government would pay about 40 per- he did not suggest a zero increase, as gest the absence of a quorum. cent of the cost. Unfortunately, when I President Clinton had in 1999. In the The PRESIDING OFFICER. The was first elected to Congress, the Fed- year 2000, he suggested a $1 billion in- clerk will call the roll. eral Government was only paying crease. That $1 billion increase was in The assistant legislative clerk pro- about 6 percent of the cost of special his first budget. He followed it up with ceeded to call the roll. education. But I think it is important another $1 billion increase in his sec- Mr. GREGG. Mr. President, I ask to review the history to determine ond budget. So now he was up $2 bil- unanimous consent that the order for where we are and how we have gotten lion. And then, in the year 2003, he has the quorum call be rescinded. there relative to increases in special added another $1 billion increase. So he The PRESIDING OFFICER. Without education funding because the in- is now up $3 billion in 3 years, which is objection, it is so ordered. creases have been rather dramatic over a 30-percent increase in just 3 years— Mr. GREGG. Mr. President, I believe the last few years. In fact, as a result just in 3 years—over the funding base- we are in a position to enter into a of the commitment of the Republican line of special education.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1205 So the commitment from this admin- most important is education. I think The PRESIDING OFFICER. Without istration has been there and at a level the Federal commitment to education objection, it is so ordered. which is historic and has had a dra- is critical. That is why I was a strong The amendment is as follows: matic impact in the funding needs of supporter, last week, of an amendment At the appropriate place add the following: the special education children of Amer- which came to the floor which said we ‘‘SEC. . FUNDING FOR INDIVIDUALS WITH DIS- ica. are going to put $5 billion more into ABILITIES EDUCATION ACT. The practical implication is that the education, No Child Left Behind pro- In addition to any amounts otherwise ap- Federal Government’s role has now posals, title I, but in doing that we propriated under this Act for support of the gone from about a 6-percent commit- have to be willing to prioritize. We Individuals with Disabilities Education Act, have to be willing to recognize that the following sum is appropriated out of any ment to special education to around 20 money in the Treasury not otherwise appro- percent. It is a huge increase, a dra- this country—our Federal Govern- priated for this fiscal year ending September matic increase, and it is on a rising ment—is now spending more than it is 30, 2003, $1,500,000,000, which is to remain path to full funding if we can get the taking in. We have to be willing to set available through September 30, 2004; Pro- cost of special education under control, a ceiling as to how much we can afford vided, That, unless there is a separate and which brings me to the second point. to spend and then live within that ceil- specific offset for any amounts that are ap- We are now in the process of trying ing. propriated under Title III of Division G for to reauthorize the special education But within that ceiling we need to support of special education in excess of bill within the Health, Education, make priorities back and forth between $9,691,424,000 for the Individuals with Disabil- what are the right programs, what pro- ities Education Act, the percentage amount Labor, and Pensions Committee. There of any across-the-board rescission provided are a lot of issues involving special grams should get more money, what under section 601 of Division N of this Act education that do not involve funding; programs should get less money. We shall be increased by the percentage amount issues such as discipline, in which the did that last week when we adopted the necessary to rescind an amount of funds Senator from Alabama has been in- amendment which said we are going to equal to the total amounts appropriated in volved; issues such as excessive regula- increase title I funding, funding for the excess of $9,691,424,000 for special education tion; issues such as too many consult- education of low-income kids, by $5 bil- in Title III of Division G.’’ ants, too many lawyers taking money lion but, in exchange for that, we are Mr. GREGG. This amendment is very out of the system instead of having it going to make an across-the-board cut. simple. It says, let’s set the priorities go to the kids. The Senator from Connecticut has of special education. Let’s add, on top The fact is that the system has become forward with this amendment to of the $1 billion the President is put- come convoluted, officious, and bu- jump, by another $1.5 billion, the fund- ting in this year, which is on top of $1 reaucratic. It needs to be adjusted, and ing that is already going into special billion he put in last year, which was it needs to be improved so we are get- education. I am supportive of that, but, on top of $1 billion he put in the year ting the money back to the children in the context of allocating resources before, another $1.5 billion, but let’s be who need the assistance as special fairly, of saying, if we are going to responsible about it. Let’s take the needs children. make that type of decision, that is a money out of the other accounts, So reauthorization is very important priority, and we have to reduce some- which represents a four-tenths of 1 per- in this whole context of what we do. It where else. cent cut across the board on every- is really difficult to continue to put So what I am offering today, and body, a very small number, very do- money into the program at these huge what I will send to the desk, at the re- able, and let’s do a responsible amend- quest of the Presiding Officer, is an increased rates without doing reau- ment here on special education and amendment which says, let’s put in the thorization. Why is that? Because it is take the increase of $1.5 billion and, in $1.5 billion in special education, but like the goalposts keep moving every exchange for getting that increase in also have a cut across the board so we year. special education, make the across-the- We have seen, unfortunately, in some stay within this $750 billion number, board cut. which is the amount of money which areas excessive coding, where kids who I reserve the remainder of my time. we have all agreed to pretty much is a should not end up with the stigma of The PRESIDING OFFICER. Who reasonable number to spend as the Fed- special needs end up being stigmatized yields time? eral Government in the year 2003. Mr. DODD. Mr. President, I am happy as special needs children simply be- This $750 billion was not pulled out of to yield whatever time the Senator cause the school system wants to get a hat. It was aggressively negotiated from Maryland needs. more money out of the special edu- between both sides of the aisle and the The PRESIDING OFFICER. The Sen- cation accounts. That is not right and White House. Prior to the Republicans ator from Maryland. not appropriate, and it undermines the taking back the Senate, it was actually Ms. MIKULSKI. I thank the Senator ability to help the kids who really need agreed to as the number we would from Connecticut. the assistance. reach in a bipartisan way. Now it Mr. President, I rise as a proud co- So we need to reauthorize this bill to seems to be eroding with some of the sponsor of the Dodd amendment which get some controls back in place over amendments that are being brought I believe is a first step to full funding how many children really are special forward. But as a practical matter, it is for IDEA in 6 years. The President has needs children and make sure those the right number for us, as a Congress, kids who really are special needs chil- to say: This is what we can afford to requested a billion dollar increase for dren get the assistance they need, spend in the year 2003. But that does IDEA. That might sound like a lot, but which brings us back to this amend- not mean that within that $750 billion at that rate, it will take 32 years to get ment. we cannot make different priorities on full funding for IDEA. This amendment is well intentioned. the floor of the Senate. I happen to The administration is proposing tax I am in favor, as I have said before on think one of those priorities should be breaks for zillionaires, and I believe this floor, of doing proper special education. that is a misplaced priority. We don’t prioritization, of saying: What is it the Mr. President, I send to the desk an need tax breaks for those who do not Federal Government should be doing amendment and ask that it be re- need help while we are delaying help today? In what areas should the Fed- ported. for those who need it the most—the eral Government be putting its re- The PRESIDING OFFICER. The children with special needs, their par- sources? clerk will report the amendment. ents, and the teachers of the school The No. 1 area, obviously, is fighting The assistant legislative clerk read system that wants to support them and terrorism, protecting the homeland, of as follows: make sure they have the right edu- making an aggressive effort in this The Senator from New Hampshire [Mr. cational program. area. Certainly the Senator from Mary- GREGG] proposes an amendment numbered It is so disappointing that the Fed- land, who is seeking the floor, has been 78. eral Government is not looking out for a leader in this effort. But the fact is, Mr. GREGG. Mr. President, I ask the day-to-day needs of the American after we get into dealing with ter- unanimous consent that the reading of people. The Dodd amendment increases rorism, the next area that I think is the amendment be dispensed with. IDEA by $1.5 billion. That is a total of

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1206 CONGRESSIONAL RECORD — SENATE January 21, 2003 $10 billion, $2.5 billion more than last enough money. More money means par- time for us to do our share of fixing the year. Under the Dodd program, if we ents have to worry less. Full funding of funding of it. I don’t disagree with followed that approach, we could fully IDEA is essential. We don’t like being that. We need to get that 40 percent, as fund IDEA in 6 years. What a great way the Federal nanny. We don’t like being Senator DODD indicated, paid. We need to get to the first decade of this new the Federal schoolmarm. This is not to honor that commitment when they century. about a new program with a new bu- started this Federal regulation. But we The Federal Government is supposed reaucracy and new regs and new man- also need to reform the law. It has re- to pay 40 percent of the cost of edu- dates. This is about living up to our sulted in extraordinary lawsuits, bi- cating children with disabilities, yet it promise, the promise to the children, zarre results in the classroom and a has never paid more than 16 percent. the promise to their parents, and the trend of teachers leaving the system. A That means local school districts have promise to the local community that poll in Washington State indicated to make up the difference, often by we will meet our responsibility if we that 50 percent of special education cutting educational programs or rais- give an obligation to a school district. teachers expected not to be in the pro- ing taxes. Either one of those are unac- I think the Dodd amendment is a ter- fession in 5 years. ceptable options. Full funding for spe- rific idea, and I want to support it. We don’t get reform here very often. cial education will give local govern- The Senator from New Hampshire We need to couch the huge increase ments the resources they need to im- also says we need to take a look at spe- that is due to this program as part of a prove education for all children. cial education—no two ways about it. reform of IDEA. It is up for reauthor- Everywhere I go in my home State, I In my home State, there is a dispropor- ization this year. We are talking about hear about IDEA. I hear about it re- tionate number of African-American it, working on it. I hope we can bring gardless of the community, from the young men and Latino young men some real reform to the program. But rural communities, whether it is the being placed into special education. Is we agree as a Congress on a $750 billion mountain counties or the Eastern it the right place or is it the wrong as- budget limit. We agreed on that, and it Shore, whether it is the suburban coun- sessment? I don’t know. But what I do is easier to cast those political votes— ties which at first blush seem very know is there are challenges to the leg- one more vote in favor of one more prosperous and certainly my own Balti- islation that we need to address, new spending program outside the budget more city, from Democrats and Repub- thinking for a new century, particu- agreement that we had—just spend, licans, from fiscal conservatives to so- larly with new technology break- spend, spend. Then we wonder why we cial activists, they all talk about how throughs. didn’t stick to our agreed limit, why the Federal Government is not living If you are a mom or a dad, you are we have deficits. up to its promise about special edu- exhausted from meeting your family The education budget went up sig- cation. In Maryland, on average, we get needs, and the least we can do is help nificantly this year—about 10 percent. only 10 percent. Schools are suffering bear the financial cost while they are It has been going up significantly in and parents are worried. coming out with what is the best plan the last 3 years. We are spending a If you talk to parents, they are under and sharing the emotional responsi- large amount of money, and more each a lot of stress, sometimes working two bility, the family responsibility. It is year, on education at a level probably jobs just to make ends meet, trying to time we have some Federal responsi- three or four times the inflation rate. find daycare for their kids or elder care bility. So, to the contrary, we are spending for their parents. The Federal Govern- I yield the floor. money on education. ment should not add to their worries The PRESIDING OFFICER. The Sen- I think Senator GREGG’s amendment by not living up to its obligations. If ator from Alabama. is precisely correct. His amendment you have a special needs child with a Mr. SESSIONS. Mr. President, I yield says let’s put the money in the area of chronic condition, whether it is asthma myself 5 minutes. education the Federal Government or autism or Down’s syndrome or juve- The PRESIDING OFFICER. Without dominates, the area that in effect the nile diabetes, you have significant objection, the Senator is recognized. Federal Government has taken over— stress in your family. Mr. SESSIONS. Mr. President, for the regulations that direct school- One of the ways to alleviate that some years now I have been active in teachers and principals and super- stress is to make sure they have an the debate over the Individuals with intendents and board members to run educational program they can count on Disabilities Act. It is a program that their schools in certain ways. Dealing and a local school system that will be has provided tremendous benefit to with disabilities is a Federal regula- able to work to meet those needs. Par- thousands of families. Children get ex- tion. We ought to at least meet the 40- ents have real questions in their minds. traordinary care with the most severe percent promise we made in 1975. So I Will they have adequate teachers? Will disabilities in our public schools. At think the perfect solution to this, as they have up-to-date textbooks or one hearing in the Education Com- Senator GREGG said, is let’s take the technology? Will they be learning what mittee, the superintendent from a overall education budget, which has they really need to know? Parents of school system in Vermont stated that large increases throughout that sys- disabled children face a tough burden 20 percent of his budget goes to IDEA. tem—let’s take that $1.5 billion from already. Caring for a disabled child at We have a serious problem with dis- those other programs that have re- any age can be exhausting. Just think cipline. I have offered amendments and ceived increases, shift it to the IDEA about what they have to do to pay for this Senate has passed amendments to program, and give them a bigger boost their prescription drugs, if you are a deal with that discipline, the weak- than we have. I really believe that is juvenile diabetic. The federal govern- nesses in the IDEA act allowing a child the right thing to do. ment should not make it any harder, whose misbehavior is unconnected in Mr. President, is my time up? particularly when the laws are already any way to the disability that they The PRESIDING OFFICER. The Sen- on the book to guarantee their child an may have to be treated quite dif- ator has 40 seconds remaining. adequate education. ferently from the other kids in the Mr. SESSIONS. Mr. President, I have The bottom line is, the Federal Gov- schools, making teachers and prin- visited 30 or more schools in my State ernment is shortchanging parents, chil- cipals extremely upset and frustrated, in the last 3 years. I have talked to dren, and local school districts. By pro- knowing they have a dual standard of teachers and principals on a regular viding $1.5 billion more than what is al- behavior in their school systems. basis, and they express their frustra- ready in the legislation, we can fully I suggest to anybody that they talk tion to me on this subject. As Senator fund this by 2009, freeing up money in to principals and teachers and super- MIKULSKI indicated, she is hearing that local budgets for hiring more teachers, intendents who run school systems. and other Senators around the country textbooks, technology that would help They will tell you this act needs to be have said the same thing to me. One schools improve education for all chil- reformed. experienced special education teacher dren. It is, in fact, a Federal mandate. It is told me: Jeff, the problem is, we are This will help children with disabil- a requirement on State systems man- here working on rules and regulations, ities and their families by providing dated by the Federal Government. It is lawsuits, and that sort of thing, and we

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1207 have completely forgotten what is in Go down to Head Start. This analysis lot to do with the economic security of the best interest of the child. We need shows what the 2.9-percent cut means our country as well. to reform this act. We need to get more in energy and water issues—there it is, We need to have a balanced approach. money for it and improve what we are a $239 million cut; environmental man- So, Mr. President, we will have a de- doing so that we help children more agement, $203 million. There is a whole bate further along in this year on full than based on the money we now have. list of programs, including the Bureau funding again. I only hope the adminis- I yield the floor. of Reclamation and the Mississippi tration changes its view from the last Mr. DODD. Mr. President, how much River Tributaries Program. If you look Congress. I will reiterate what I said time remains under the amendment of at Head Start, $63 million will be cut. earlier. Governors and mayors list this the Senator from Connecticut? Air traffic control—that ought to be as their top priority. Mr. Governor or The PRESIDING OFFICER. The Sen- good news for those who worry about Mr. Mayor, when the first amendment ator has 34 minutes, 45 seconds. domestic terrorism; transportation se- is voted on and we are telling you, by Mr. DODD. Mr. President, I will take curity, Coast Guard will be cut by $72 the way, we are going to help you out 10 minutes. Will the Senator notify me million. The VA–HUD—veterans take in special education, hold your breath when that is up? note—has $903 million in cuts; VA med- because we are simultaneously reach- The PRESIDING OFFICER. The ical care, $692 million in cuts. So go ing into your other pocket and causing Chair will do so. Mr. DODD. Mr. President, I want to ahead and add four-tenths of 1 percent you to raise taxes or cut other vital express some thoughts. I thank my col- to the already 2.9. spending needs you may have because I don’t hear anybody talking about a leagues for, once again, reconfirming we are reaching in to rob you of the slight cut in the $670 billion tax cut in support for the special education pro- necessary resources you need as well to all we are proposing here. Then my col- gram. That is heartening. As the Sen- run your States and your communities. leagues say we will take your $1.5 bil- ator from Maryland pointed out, of It is a cruel hoax, in a way, we are lay- lion, but we are going to give a ‘‘hair- course, if we follow the plan of the ing out before people. present occupant of the White House, cut’’ to every other domestic spending I am not opposed to looking at re- we will be talking about three decades program except the tax cut, which goes form efforts. We had a fine effort in more—we will have to wait a longer to the top 1 or 2 percent of income 1997—some of my colleagues have for- time than we have waited to complete earners. I represent a State that has gotten this already—to look at the spe- the 40-percent requirement that we probably a greater percentage of those cial education programs. Again, with have already endured. income earners than almost any other the reauthorization, I presume we will So if you are a mayor or a county ex- State in the country. I can say with look at them again. I certainly wel- ecutive or a Governor, you can take certainty that my constituents—those come that. Anytime we have a program real heart in the fact that for about the included, by the way—who would be such as IDEA, close examination of next three decades we will be at this the beneficiaries of this tax cut would how well it is working, whether or not debate on getting full funding—if we tell you that at this particular junc- the intended beneficiaries are receiving rely on the administration’s plans. ture that kind of a tax cut, given the the resources they need, is something I will remind my colleagues once fiscal needs of this country, is unwise. we ought to do. It is the only respon- again that this body and the previous When my colleagues say we are going sible thing to do. Congress voted unanimously for a full to make everybody pay a price, we are Let’s not simultaneously suggest funding program over the next 6 years going to make that haircut of 2.9 per- that we are going to have to wait for for special education. It was the admin- cent, including the budget cuts I have examination before we provide the re- istration—the present administration— suggested, and add this to it, just make sources to the States and communities. and the leadership of the other body— sure you understand what we are talk- They do not have a chance of waiting. the Republican leadership—that killed ing about. We are not talking about a They have to provide for these children the proposal the Senate unanimously tax cut which taxes revenues over the under existing law. Congress mandated supported. That is where we are. Those table—I am not suggesting there isn’t it 28 years ago, and we have only got- are the facts as we find them today. We room for a tax cut. But how about in- ten to 15, 16 percent of that 40-percent can go back and revisit history if you cluding that in the proposal? Why is commitment. want, but the fact is that the Gov- that particular area always left out The $1.5 billion in this amendment ernors and mayors out there may find and all we talk about are the domestic gets us a little closer to the 40-percent a history lesson interesting, but they programs that affect families so commitment. It raises and provides the want to know what we are going to do. strongly? resources to these communities for the What is this administration going to I guarantee you, by the way, as you fiscal year we are in already. We will do? What has this administration done? start looking at Head Start, the WIC come back again later in this Congress What is the Republican leadership in Program, food safety programs, while to see if we can get full funding set up the Senate and House going to have to you are providing $1.5 billion in special in a way which we did a year and a half do if we are going to meet the obliga- education needs and simultaneously ago. tions we talk about? cutting back on these other programs, When the vote occurs on this amend- So what we have here—as the Sen- it is not uncommon for the same fam- ment, there are two options: One, to ator from New Hampshire suggests he ily and the same child to be the recipi- provide the $1.5 billion while going will support—is the $1.5 billion. He is ent on one hand of the 1.5, and simulta- after domestic spending programs, going to do so by adding further to the neously getting food in the WIC Pro- along the lines I mentioned already or, across-the-board cuts in domestic gram, food safety programs, and the second, we can say we can do it and spending—adding to the impact of the Head Start programs. find the means of doing it, and one of already 2.9 percent across-the-board Again, I don’t know how you can sit the means is to reduce by a small cuts. I will share with my colleagues here and look at a child who has au- amount the tax cut the President in- what this means. tism or is suffering from juvenile dia- tends to provide for people in the coun- Now, $1.5 billion is not a huge betes, Down’s Syndrome, or other spe- try. The point being that most of the amount as a percentage—whatever it cial education needs and say: I am recipients of this tax cut are people is, four-tenths of 1 percent. Add that, if sorry we cannot touch the tax cuts, but who have incomes in excess of $250,000. you will, to the 2.9. The WIC Program you are going to have to take this cut Tell that to a family with an autistic will be cut by $137 million as a result of in other areas. When my colleagues child. Tell that to a family with a child the 2.9-percent cut. The Food Safety offer their side-by-side amendment and who has Down syndrome or serious Inspection Service will be cut by $22 suggest yet further cuts, I think that is learning disabilities: Sorry, we would million. The Food and Drug Adminis- cruel. I think it is unnecessary. I think like to provide that kind of help you tration will be cut by $40 million under there are ways of doing this without need, but, you see, we have an obliga- these proposals. State-Justice-Com- going after some of these very issues tion to provide a tax break to someone merce will be cut by $113 million in that are so critically important to the making $300,000, $400,000 a year. We spending. well-being of our Nation. They have a cannot just quite meet the obligation

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1208 CONGRESSIONAL RECORD — SENATE January 21, 2003 to you. I know we made a promise to The PRESIDING OFFICER. Who The PRESIDING OFFICER. Without do it. We said 28 years ago we would do yields time? The Senator from Nevada. objection, it is so ordered. it. We are up to 15 percent of that obli- Mr. REID. Mr. President, this has The amendment is as follows: gation. By the way, if you wait another been cleared with the majority. I ask (Purpose: To amend the Homeland Security 33 years, we will complete that obliga- unanimous consent that the consent Act of 2002 (Public Law 107–296) to provide tion, 60 years after we made the prom- request with respect to the Edwards that waivers of certain prohibitions on ise. Then we will get you your re- amendment be modified to the Senate contracts with corporate expatriates shall sources because we cannot afford to resuming consideration of the amend- apply only if the waiver is essential to the give you the help you need without ment at 2:15 p.m., with the previous national security, and for other purposes) cutting everything else in the domestic provision still applicable. At the appropriate place, insert the fol- area. Of course, we cannot touch the The PRESIDING OFFICER. Without lowing: tax cut for the most affluent Ameri- objection, it is so ordered. SEC ll. CONTRACTS WITH CORPORATE EXPA- cans. Mr. REID. Mr. President, the Senator TRIATES. I do not know of anyone outside the from Connecticut has reserved his (a) SHORT TITLE.—This section may be cited as the ‘‘Senator Paul Wellstone Cor- people in this town who believe in the time, as has the Senator from New Hampshire. I am going to suggest the porate Patriotism Act of 2003’’. logic of that argument. Nonetheless, (b) LIMITATION ON WAIVERS.—Section 835 of watch and see what happens when we absence of a quorum and, shortly the Homeland Security Act of 2002 (Public vote on this amendment. That is ex- thereafter, call it off with hopes we can Law 107–296) is amended by striking sub- actly what will happen. Go home and move to the Dayton amendment and section (d) and inserting the following: explain why we have to cut into these set aside the pending amendments. ‘‘(d) WAIVERS.—The President may waive other areas to serve needy kids in this I suggest the absence of a quorum. subsection (a) with respect to any specific The PRESIDING OFFICER. The Sen- country. contract if the President certifies to Con- The PRESIDING OFFICER. The Sen- ator from Nevada does not control the gress that the waiver is essential to the national security.’’. ator has used his 10 minutes. time. (c) EXPANDED COVERAGE OF ENTITIES.—Sec- Mr. DODD. Mr. President, I will take Mr. REID. Mr. President, I ask unanimous consent that the time that Sen- tion 835(a) of such Act is amended by insert- 1 additional minute. I repeat what I ing ‘‘nor any directly or indirectly held sub- said earlier, this is not the America of ator GREGG and Senator DODD have remaining be preserved and the quorum sidiary of such entity’’ after ‘‘subsection which people think. We are blessed (b)’’. with great resources. We ought to have call, which I will make immediately, (d) Section 835(b)(1) of such act is amended the common sense to find a balance, to not be charged to their time. by inserting ‘‘before, on, or’’ after ‘‘com- The PRESIDING OFFICER. Without see to it we meet our obligations when pletes.’’ objection, it is so ordered. Mr. THOMAS. I thank the Chair. we make them; that we try to help Mr. REID. I suggest the absence of a The PRESIDING OFFICER. The Sen- those who are least able to help them- quorum. selves and their families. The PRESIDING OFFICER. The ator from Wyoming. I underscore the point the Senator clerk will call the roll. AMENDMENT NO. 67 from Maryland made a few moments The legislative clerk proceeded to Mr. THOMAS. I rise to talk for a few ago. Families of children with special call the roll. minutes about an amendment that is needs face incredible pressures, espe- Mr. REID. Mr. President, I ask unan- pending. It has to do with the New cially those making $25,000, $30,000, imous consent that the order for the Source Review rider. It is an amend- $35,000, $40,000, $45,000, $60,000. There quorum call be rescinded. ment which would, in effect, negate or are incredible pressures within that The PRESIDING OFFICER. Without postpone a proposed change in rules family. Why is it we cannot find the re- objection, it is so ordered. that have been proposed by the admin- sources to help our States, our Gov- Mr. REID. Mr. President, my friend istration that I think are very impor- ernors, our county executives to do from Wyoming is here and wishes to tant to our efforts collectively to in- more to help these children? speak on the Edwards amendment. crease the more effective production of Reforming the process, I am all for Under the order we just entered, that is electricity and energy, and to do it in that. But the only way we can help is not to recur until 2:15 p.m. If the Sen- a way that contributes to clean air. I to go after the WIC Program, the Head ator wishes to speak, we can take him believe this New Source Review pro- Start Program, food safety programs, out of order, if Senator DAYTON is will- posal does that. and the like? That I do not understand, ing to wait 10 minutes while the Sen- The Senator from North Carolina has and I defy my colleagues to ask an av- ator from Wyoming speaks. an amendment which would prevent erage American to explain it as well. Mr. THOMAS. Yes. the final rules from taking place. He They do not understand it when they Mr. REID. Mr. President, I, therefore, indicates that, in his view, it would hear that argument or we are going to ask unanimous consent that the pend- wait another 33 years to meet the obli- ing amendment be set aside; that Sen- prevent backsliding from the administration. He also indicates he considers gations under this program. ator DAYTON be recognized to offer an I feel passionately about this issue; I amendment on corporate expatriation; it an insider’s industry benefit. care deeply about this issue because it and that following his recognition, I suggest that neither of these allega- tions is valid. In fact, what is hap- is the role that Government ought to Senator THOMAS be recognized for 10 play. When I look at families in my minutes to speak on the Edwards pening is a change that will remove the State and across the country—and I amendment. obstacles to environmentally beneficial know the pressures they are feeling The PRESIDING OFFICER. Without projects, clarify the New Source Re- and what a small amount it is to offer objection, it is so ordered. view requirements, encourage emis- some relief—just some relief—to the Mr. REID. Mr. President, I say to my sions reductions, promote pollution families feeling this heat and pressure, friend, if he will simply seek recogni- prevention, provide incentives for en- the anxiety it causes—I do not under- tion and send his amendment to the ergy efficiency improvements, and help stand that we cannot step up and meet desk, then Senator THOMAS will be rec- assure worker and plant safety. Those the obligation because we cannot touch ognized to speak for 10 minutes. are the things that are involved. a tax cut that goes to the most affluent AMENDMENT NO. 80 To some extent, I think this amend- citizens of this country. I do not under- Mr. DAYTON. Mr. President, I call ment has a little bit to do with 2004 in stand that situation. I hope my col- up amendment No. 80. that it is seen as the President’s gift to leagues do not either. When the vote The PRESIDING OFFICER. The polluters. Of course, that is not the occurs tomorrow, I hope we will sup- clerk will report. case. port the amendment that provides as- The legislative clerk read as follows: The proposed rider is premature and sistance but does not do so off the The Senator from Minnesota [Mr. DAYTON] ignores the public involvement already backs of people who can least afford it proposes an amendment numbered 80. inherent in this New Source Review rein the country. Mr. DAYTON. Mr. President, I ask form process. In December of 2002, the Mr. President, I reserve the remain- unanimous consent that the reading of EPA issued a final rule that includes der of my time. the amendment be dispensed with. actions previously proposed by and

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1209 substantially similar to those put for- mental groups oppose NSR reform, but United States companies are setting up ward by the Clinton administration. NSR reform will actually move forward sham corporate headquarters offshore These actions are supported by a bipar- quicker in adopting more modern and in places such as Bermuda or the Cay- tisan consensus after extensive public efficient environmental technologies man Islands. These tax-free havens per- involvement over more than 10 years. and procedures. mit the total avoidance of U.S. taxes A separate proposed rule on issues re- These are some of the testimonies on foreign operations and, in some lated to routine maintenance, repair, that say we ought to continue with the cases, on domestic operations as well. and replacement will undergo a full proposal that has been made to allow In the nonpartisan journal, Tax public review and EPA analysis before refiners to be able to make improve- Notes, a recent calculation was made it can take effect. Thus, it is clearly ments on existing facilities that will that from 1983 to 1999 the profits that premature at this time to stop this improve the environment and will con- the largest 10,000 U.S. corporations open rulemaking process by rider be- tinue to provide for efficient energy claimed to have earned in these tax ha- fore the process even begins. production. vens increased by over 7 times. Today, A proposed rider is bad energy and I urge that the amendment offered by that means well over $100 billion in the Senator from North Carolina not environmental policy. The complexity corporate profits are shifted each year be received by the Senate. of the current New Source Review pro- from the United States to these tax- gram and its related burdens create I yield the floor. The PRESIDING OFFICER. The Sen- free havens—no taxes paid on them significant disincentives to new invest- ator from Minnesota. and, as I have said before, sometimes ment in energy-efficient and environ- Mr. DAYTON. I ask unanimous con- even refunds. It is bad enough those mentally friendly technologies that are sent that I be given 15 minutes to make companies can evade U.S. taxes but being proposed. my remarks. some even continue to secure very The NSR reforms should allow facili- The PRESIDING OFFICER. Without large and lucrative contracts with the ties where actual emissions remain objection, it is so ordered. Federal Government, even in the areas within permitted levels to make oper- AMENDMENT NO. 80 of national defense and homeland secu- ating adjustments and explore alter- Mr. DAYTON. President Bush’s an- rity. Evidently these corporations—the native fuel and resource choices that nounced tax proposal expressed con- executives who run them, the boards will help them meet energy and prod- cern over the double taxation of cor- that oversee them—see nothing wrong uct needs in the most efficient, cost-ef- porate profits. I wish he would express with profiting off of the U.S. Govern- fective, environmentally sound manner an equal concern about the nontax- ment and then avoiding paying taxes possible. ation of corporate profits. on even those profits in order to sup- A proposed rider will negatively im- It is estimated that currently less port our Government. pact more than 22,000 industrial facili- than half of corporate profits are taxed That is why last summer my col- ties across the country. The New in this country. There are various tax league, Senator Paul Wellstone, had Source Review program affects utili- and accounting gimmicks that have amended the 2002 Defense appropria- ties, refineries, and manufacturers permitted very profitable companies to tions bill to bar such corporate tax around the country that form the not only have no tax liabilities but dodgers from being awarded Govern- backbone of our Nation’s economy. In even receive multimillion-dollar re- ment defense contracts. Then he suc- the current economic climate, we need funds from the American taxpayers. cessfully had amended the homeland sensible reforms that streamline regu- Take CSX, for example, which until security bill to bar those companies latory programs while providing funda- recently has been headed by the Presi- from getting contracts with the new mental environmental protection that dent’s nominee for Secretary of the Department of Homeland Security. allows companies to improve energy ef- Treasury, John Snow. In the last 4 Both of those amendments passed the ficiency, environmental performance, years, CSX reported U.S. profits of $934 Senate seemingly unanimously on and economic competitiveness. billion, and they paid zero in U.S. cor- voice votes. A proposed rider would impede a porate taxes. In fact, they received re- State’s ability to implement effective However, after the November elec- bates of $164 billion. tion, and after Paul Wellstone’s tragic clean air programs. The National Gov- I will repeat that. They made $934 death, the final version of the home- ernors Association, the National Con- billion in U.S. profits, paid no taxes, land security bill gutted the Wellstone ference of State Legislators, Environ- and received a $164 billion refund. That amendment. Senator Wellstone’s mental Council of the States, and sev- is certainly not double taxation. That amendment, which he crafted with the eral State attorneys general have is not even single taxation. That is no cosponsorship of the distinguished Sen- called for NSR reforms that enhance taxation, and it is a bigger winner on ator from Nevada, Mr. REID, provided a the environment and increase energy Wall Street to inflate corporate profits narrow exception to this prohibition. security. at the expense of the rest of American That was if the President of the United The keys to improving air quality taxpayers. It is one of the reasons cor- States certified to Congress that it and energy security are innovation and porate income tax has been a declining would be necessary for our national se- investment. The final and proposed share of Federal tax revenues in the curity. NSR rules will help promote safer, last 40 years. In 1960, corporations paid cleaner, and more efficient factories, 23 percent of all Federal tax revenues. When the bill came back this provi- refineries, and powerplants. Last year, that dropped to 9.5 percent, sion was gutted and the substitution Many groups have supported the idea less than half of the share that cor- made known to those who had to vote of making these kinds of changes. In- porations paid 40 years ago. on it that day. They stuck in language terestingly enough, the National Black It used to be the ethic that business, that would allow the Secretary of Chamber of Commerce has indicated in being an integral part of the commu- Homeland Security to grant waivers a letter the proposed revisions to the nities in which they operated, drawing for national security or economic bene- Clean Air Act’s New Source Review their lifeblood from the American peo- fits. Just about any kind of economic previously provided a meaningful com- ple and from the democratic and capi- benefit whatever could be waived and promise to economic growth and the talist structures which hallmark this argued by the Secretary: preventing assurance of clean air and continued country, had an obligation to give loss of Government, preventing the public health protection. something back. Not any longer. Government from incurring any addi- Such an amendment that is now be- An Ernst & Young partner recently tional costs, anything and everything fore us, they continue, impedes noted: that you could contrive, you could progress in reforming a well-intended A lot of companies feel that the improve- avoid if you could pay a high-priced program that has, over the years, unin- ment on earnings is powerful enough that Washington lobbyist $1,000 an hour or tended consequences. maybe the patriotism issue should take a more, euphemistically called govern- Another group which is a cooperative back seat. ment relations. No doubt those waivers in Montana, with membership of over One of the most outrageous and ob- would be granted and the legacy of my 325,000, says: We know many environ- scene tax avoidance schemes is many colleague, Senator Paul Wellstone,

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1210 CONGRESSIONAL RECORD — SENATE January 21, 2003 would be obliterated by waves of waiv- quire just that. What is good for the Nevada or Minnesota or any place they ers, which is why we need more Paul goose is good for the gander. This tax felt appropriate and they would be Wellstones in Washington. cheating will destroy the great golden right back, being able to get all the To honor Senator Wellstone’s mem- goose of America. We send our young contracts they want. ory, I proposed this amendment, which men and women overseas to risk their Mr. DAYTON. They would be right I called the Senator Paul Wellstone lives or even give their lives for our back, as the Senator said, where they corporate patriotism amendment. It re- country, while men—mostly men and a were before, headquartered in the instates the Wellstone language to the few women—send their corporations United States of America, paying taxes Homeland Security Act. It says, once overseas to evade taxes. What a dis- on their U.S. profits rather than cre- again, corporations that renounce their grace. What a shame that the greatness ating a sham. These are not real enti- American citizenship and have moved of this country is being undermined by ties; these are fictions just for the sake offshore to avoid paying taxes to the placing profits and corporate and indi- of tax evasion. U.S. Government will not get business vidual greed over the best interests of Mr. REID. My third inquiry to the contracts from the Government, at the United States of America. Senator from Minnesota: I know some least not for homeland security This amendment meant a lot to my of our friends who are lobbyists, as you projects. friend and colleague, Senator have indicated, public relations rep- My language makes it as forceful and Wellstone. He was surprised but de- resentatives—I think, with a straight explicit as possible. It states that the lighted that the Senate, on two occa- face they really would have trouble ad- President may waive subsection (A) of sions, passed this amendment by a vocating for this. Would the Senator the prohibition if the President cer- voice vote. Had Paul lived, I would acknowledge that? tifies the waiver is essential to na- have enjoyed watching the fur fly that Mr. DAYTON. I would, also. Mr. REID. I appreciate the Senator’s tional security. day in November when this bill came Frankly, I cannot see any reason attention. back to the Senate with this provision Mr. President, tax loopholes allow there should be waivers granted in this gutted. But Paul is not here, so it is in- dozens of U.S. corporations to move section. That is the least we can do for cumbent upon all of us to take that their headquarters, but they move the memory of Paul Wellstone. That is stand for him and with him. If it was them on paper only, to tax haven coun- the least we can do for our country. good enough last year to be passed by tries to avoid paying their fair share of Frankly, most U.S. corporations, as the Senate, I cannot imagine why any- most American citizens, are law abid- U.S. taxes. It was just a short time ago one who supported it then would that Senator Wellstone and I offered an ing, patriotic, responsible, and willing change their mind now. In fact, there is amendment to bar the Department of to do their job, including pay taxes, to even more reason than before to stand Homeland Security from awarding keep this country strong. No one likes behind America, stand behind the be- Government contracts to these cor- paying taxes. Americans have been lief that we all contribute our share, do porate tax runaways. The Senate antitaxation since colonial days, since our share, and no one avoids their adopted that amendment unanimously. the Boston Tea Party, since the ral- share. That is what makes us success- But in the homeland security bill that lying cry, ‘‘taxation without represen- ful. passed the last little bit that we were tation is tyranny.’’ Mr. REID. I would like to ask the here last year, they cut this amend- But taxes are necessary for our coun- Senator a question. I personally appre- ment. try’s survival. We have increased our ciate the Senator stepping forward. It It is a sad reality that these cor- military spending by 23 percent in the should come from the State of Min- porate expatriations are technically last 2 years, with bipartisan support re- nesota. Senator Wellstone believed in legal under current law. But legal or garding the President’s request, and we this strongly. not, there is no reason U.S. Govern- have new efforts underway in homeland I remember the Senator advocating ment contracts should be awarded to security costing an additional $37 mil- this. When I think of our friend Paul these tax runaways. These are lucra- lion. Some Members last week thought and his untimely death in the terrible tive Government contracts and we we should be spending even more in airplane crash, I feel badly. I feel good should not reward these companies for that area. We have Operation Enduring about your moving forward with this doing what they have done. Freedom still underway in Afghanistan amendment that Paul and I worked on Senator Wellstone and I believed and a military buildup now for possible together in the Senate. It is a modest these corporations, if they want Fed- war against Iraq. That has to be paid amendment. eral contracts so badly, they should for with our tax dollars. It does not in- The Senator recognizes, does he not, simply come home, come back to the clude highways and airports, sewer that this amendment does not apply to United States and be eligible to bid on water systems, public education, stu- nonhomeland security or defense con- homeland security contracts. If they dent aid, health care, nursing homes. tracts? Maybe we will do something didn’t want to do that, then they This always depends, again, on Ameri- about these companies later. I don’t be- should go lobby, for example, the Gov- cans paying taxes. It ought to depend lieve they should be able to have a con- ernment of Canada or Bermuda or the on everyone paying their fair share of tract with Health and Human Services, Cayman Islands for contracts there. taxes—individuals and corporations. with the Department of the Interior, or Some of these companies have indi- When someone avoids paying their any of the Federal agencies. However, cated: We have been in business in fair share, then everyone else has to we have limited this amendment to America for a long time. They should pay a higher share. When one corpora- homeland security and defense. Does stay in business in America. These cor- tion making profits can shift its profits the Senator acknowledge that? porations are shams. We have compa- overseas and avoid paying taxes, every- Mr. DAYTON. The Senator is correct. nies that file paperwork, set up not one one else has to pick up that part. The Senator was instrumental in work- but sometimes more than one corpora- I wish we could establish again in ing with Senator Wellstone on the floor tion. One company has three British this country the ethic that tax avoid- and myself to craft this amendment. It employees in a little office in Ham- ance is unpatriotic. It is un-American, is narrowly focused. ilton, Bermuda, but by having these especially at a time such as this with Mr. REID. The Senator would also three individuals in Hamilton, Ber- national mobilization, especially in acknowledge, would he not, that this is muda, they can avoid paying up to $40 this country since September 11 of 2001, not a permanent ban. All they have to million every year in U.S. income which is likely to continue for the fore- do is say let me do what I should have taxes. seeable future. If the executives and done in the first place, just pay Amer- This bill would forbid foreign cor- board members of these expatriated ican taxes. porations involved in these trans- companies can so shamelessly abandon Mr. DAYTON. Come home. actions from holding Government con- their U.S. corporate citizenship, maybe Mr. REID. There are all kinds of tracts with the Defense Department they should forfeit their citizenship as reincorporations that take place every and Department of Homeland Security. well. I intend to introduce legislation day in corporate America. They could It would not restrict major corpora- in the next few weeks that would re- simply reincorporate in Delaware or tions operating in the United States

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1211 from winning millions of dollars from This money that these corporations the defense of this previously was that the Government in contracts. are not paying is more money that these are just good lawyers, good tax I am not going to pinpoint compa- other taxpayers have to come up with. men. This is the way the law is written nies. I have read on the Senate floor We have expenses that have to be met. so why shouldn’t they take advantage just a few months ago the names of We have programs that have to be of it? these companies that are doing these funded. This amendment would force What the Senator from Minnesota things. This amendment will finally some of these unpatriotic companies and I are trying to do is change the law correct the record and accomplish what into being more patriotic. They would so that this is not this tax loophole. We Senator Wellstone worked for last be more patriotic because they would know and people know that there are year. It should have been a priority in be forced to be more patriotic. If they lots of tax loopholes. They are hard to the legislation to guarantee the De- want to have Government contracts plug because of the huge lobby which partment of Homeland Security booked with the Homeland Security Depart- they have. We try to plug them. The its business with corporations that do ment and Homeland Defense Depart- ones that benefit are some of the larg- their share of bearing the burdens of ment, they would have to be patriotic. est corporations in America—I am protecting this country. What they So I answer the question with a re- sorry to say—avoiding billions of dol- have done is they are bearing the bur- sounding yes. This would mean a lot to lars in taxes. It is not fair. They reply den to protect their own companies, Paul Wellstone, that his legacy is not by saying, well, these people have good not their own country. The homeland forgotten, nor the things for which he lawyers and good accountants. That security law is more concerned with fought. doesn’t justify what they are doing. In A lot of these things he fought for window dressing on this issue because fact, it even signifies that we need to alone. I can remember this issue that what is in the homeland security bill do this as quickly as possible to stop he was beaten up on pretty good on the still allows these companies to have these people from doing this and make Senate floor—until he was able to talk huge Government contracts, homeland it easier for the rest of the people in and explain. Like many of the things security contracts. America who are paying their fair that Paul Wellstone brought out of the One contract I have here, $144,844,000 share. dark into the light, in the light of day is what they are getting, even though Mr. DAYTON. As the Senator knows, it all looked better. I hope we all sup- they have incorporated in Bermuda. a lot of small- and medium-sized busi- Another company, not as large as the port this the way we did before. This is an important amendment and nesses don’t have the options. Cer- first, but almost $5 million. We have I repeat, it would honor one of the tainly the average American citizen another company, $6 million; $17 mil- most courageous people I have ever paying taxes doesn’t have the option to lion; another company, $249 million; known—physically and intellectually— move to Bermuda or the Cayman Is- another company, $2 million; $248 mil- Paul Wellstone. lands and not claim any tax liability lion—it is on and on with these what I Mr. DAYTON. The Senator is abso- whatsoever. It is shameful that those would think would be embarrassing to lutely correct about the price we pay most profitable that can most easily them. Apparently it is not embar- when these companies avoid their afford to pay their share are avoiding rassing enough that they pay corporate share of taxes. The Tax Notes journal them entirely and dumping that bur- taxes in the United States like other estimated over $100 billion in corporate den on everyone else. companies. profits now go untaxed because of these As the Senator said, this would be I again extend my appreciation to offshore tax evasions. Even 20 percent, one small step in the right direction of the Senator from Minnesota for this the tax rate on that, which is below the returning to an ethic where those who amendment and I hope the many peo- corporate rate but after deductions and are making profits pay their taxes. If ple who are in favor of this legislation exclusions probably is close to what we all do that in a fair way, then will speak in favor of the legislation tax-paying corporations pay, that everybody’s taxes go down. If some- and we can have a resounding vote like would cover the cost of the 40-percent body is avoiding taxes, then somebody we did when it passed unanimously last funding for special education that Sen- else’s taxes go up. year. This would be one way to honor ator DODD was discussing with Senator I thank the Senator again for his the dignity of Paul Wellstone. GREGG a few minutes ago. There it support and assistance with this mat- Mr. DAYTON. If I may inquire of my would be right there. We could keep ter. I know in this matter that Senator friend, the Senator from Nevada, re- that promise to Minnesota’s school- Paul Wellstone could not have stood garding the last statement, can the children, Nevada’s schoolchildren, and alone last year, and the Senator from Senator think of anything that would all the schoolchildren in the school dis- Nevada was with him shoulder to be a better tribute to Senator Well- tricts across this country. It would not shoulder every step of the way. stone’s memory than passing this require raising anybody’s taxes by a I thank the Chair. amendment and insisting the Senate single dollar, if those who were evading Mr. REID. Mr. President, we are conferees uphold it and the President them would pay their share. waiting now until 2:30 when Senator sign it into law? I think it is shameful. I think it is INHOFE is to appear. We understand he Mr. REID. I would answer my friend un-American, unpatriotic, and it ought will close with the Edwards amend- by saying Senator Wellstone, as we to be illegal. I particularly look for- ment. know, stood for the small guy. He was ward to a discussion at some point, as We want the RECORD to be spread concerned about those people who did I said, about legislation I intend to in- with the fact that we have done every- not have the large lobbying contracts. troduce that says if corporate execu- thing we can to move this legislation I think the Senator from Minnesota is tives and corporate boards are going to along. We were ready to go early this absolutely right. The senior Senator send these corporations overseas, they morning. We had to wait until the from Minnesota is right in that this should go overseas themselves. If they other side was ready to move on the amendment would help a lot of the think it is such an advantage to be in bill. We have done our best to plug all small people—small in stature, big in the Cayman Islands or Bermuda they the timeslots that have been in exist- character, like Paul Wellstone—the should go live there themselves. If they ence this morning. I want the RECORD people Paul Wellstone would try to are going to renounce their corporate to reflect that we are doing nothing to protect. That is because people who are citizenship, let them renounce their slow this down. not paying these taxes prevent us from own citizenship as well, and they will I see Senator INHOFE is here now. If providing more money for LIHEAP, for suffer the consequences maybe then he is ready to speak, we could move the which he advocated all the time. It they will stop and think about how for- 2:30 time up to whatever time is appro- would allow us to provide more money tunate we are to live in this country priate for the chairman of the Com- for education, which he talked about, and how it is only by all of us doing our mittee on Environment and Public and he could do that because he was a fair share that this country keeps Works. college professor. It would allow more strong and secure. Mr. INHOFE. Mr. President, if the money for the global AIDS epidemic Mr. REID. If I could respond to my minority leader will yield, I thought I that he talked about. colleague through the Chair, let me say would get to the floor at 2:15.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1212 CONGRESSIONAL RECORD — SENATE January 21, 2003 Mr. REID. The Senator was sched- EPA’s regulations specifically exempt ‘‘rou- JOHN B. BREAUX, uled for 2:30. We are ready now. tine maintenance, repair and replacement’’ U.S. Senator. I am to be corrected. I was told by activities from NSR permitting. EPA now Mr. INHOFE. Mr. President, I pub- the floor staff that I was wrong and the claims that projects required to be under- licly thank the administration for taken by utilities and refineries over the Senator is right. It is 2:15. We don’t past 20 years to maintain plants and a reli- being responsive to the concerns of need to change anything. We ask unan- able supply of electricity and fuels were not Senator BREAUX and myself. I know it imous consent to return to the routine and thus should have gone through took real courage to pursue the NSR Edwards amendment. I think that is the 18-month, costly NSR permitting proc- reforms. It took courage because the the order. ess. EPA’s enforcement officials are assert- President knew that many people The PRESIDING OFFICER. Without ing this even though, for more than two dec- would misconstrue these reforms as a objection, it is so ordered. ades, EPA staff have had full knowledge that ‘‘sneak attack on the environment’’ in The Senator from Wyoming. these maintenance, repair and replacement an attempt to score cheap political projects were not being permitted. AMENDMENT NO. 86 TO AMENDMENT NO. 67 A second ground for many of EPA’s claims points and fundraise. Mr. INHOFE. Mr. President, as many has to do with whether projects resulted in Despite the rhetoric we will hear of you know, in March of 2001, Senator significant emissions increases. By employ- today and have heard today about NSR BREAUX and I wrote the first congres- ing a discredited method for determining reforms and the process of developing sional letter on the New Source Review whether emissions increases would result these reforms, make no mistake: Presi- from a project-using so called ‘‘potential Program to Vice President CHENEY in dent Bush’s decision will result in a emissions’’ instead of actual emissions, EPA cleaner environment and greater en- his capacity at that time as chairman is asserting that numerous projects resulted of the National Energy Policy Develop- ergy security. in emission increases when in reality they The Clinton administration devel- ment Group. Our letter stated that, un- had no effect on emissions or were followed less reformed ‘‘EPA’s flawed and con- by emissions decreases. oped draft proposals and accumulated fusing NSR policies will continue to EPA’s NSR interpretations have created over 130,000 pages of comments on NSR interfere with our Nation’s ability to great uncertainty as to whether projects reform. In fact, on his last day at work long recognized to be excluded from NSR meet our energy and fuel supply on January 19, 2001, President Clinton’s permitting can be undertaken in the coming air chief with the EPA, Bob Perciasepe, needs.’’ months to assure adequate and reliable en- At this point in my presentation, I wrote a letter, No. 1, outlining NSR re- ergy supplies. Electric utilities and refin- forms which are similar to the Bush ask unanimous consent to have that eries have expected that they could under- administration’s NSR reforms and letter printed in the RECORD. take maintenance activities, modest plant There being no objection, the mate- expansions, and efficiency improvements which are almost identical and, No. 2, rial was ordered to be printed in the without going through lengthy and extraor- calling for the Bush administration to dinarily costly NSR permitting, as long as consider finalizing the reforms. RECORD, as follows: the project involved either routine mainte- At this point in the presentation, I U.S. SENATE, Washington, DC, March 23, 2001. nance or no significant increase in actual ask unanimous consent to have this emissions. Hon. RICHARD B. CHENEY, letter printed in the RECORD. Now, in light of the new interpretations, Vice President of the United States of America, There being no objection, the mate- utilities and refineries find themselves in a The White House, Washington, DC. rial was ordered to be printed in the position where they cannot undertake these DEAR MR. VICE PRESIDENT: In your capac- very desirable and important projects. This RECORD, as follows: ity as the Chairman of the National Energy is not an acceptable result when the nation U.S. ENVIRONMENTAL Policy Development Group, we are writing to is faced with severe strains on existing fa- PROTECTION AGENCY, bring to your attention our concerns that, cilities. Against this backdrop, we strongly Washington, DC, January 19, 2001. unless addressed, the prior administration’s urge that the National Energy Policy Devel- Memorandum on the Status of the New EPA’s New Source Review (‘‘NSR’’) enforce- opment Group: Source Review Improvement Rulemaking: ment policies will continue to interfere with Give investigation of EPA’s implementa- Over the last two years we have all worked our nation’s ability to meet our energy and tion of its NSR requirements a high priority; hard to develop improvements to the New fuel supply needs. We strongly urge that the Suspend EPA’s activities until such time Source Review (NSR) program. As I have dis- Administration take into account these con- as there has been a thorough review of both cussed with you, I believe it is essential that cerns in developing its national energy plan. the policy and its implications; this program have greater incentives for As you are very much aware, the nation Clarify whether the implications of EPA’s companies to employ the most effective faces a potential energy supply shortage of new NSR interpretations and its enforce- emission reduction techniques voluntarily significant dimension. The California energy ment initiative are being reviewed by the and give greater flexibility when companies crisis is receiving the greatest attention in White House Office of Energy Policy and the take these voluntary actions. I am writing the media. However, major challenges exist Secretary of Energy prior to actions that to share with you where we are on the NSR in meeting demands for gasoline and other could undermine energy and fuel supply; and Improvement effort as I leave this office. fuels, especially in the Midwest. More trou- Establish guidelines to assure that EPA’s We have come a long way together in de- bling, current projections suggest fuel short- application and enforcement of its NSR re- veloping the conceptual framework for how ages and price spikes—far exceeding last quirements will not interfere with the Ad- EPA can improve the NSR program by pro- year’s problem. These are due to a number of ministration’s energy and fuel supply policy. viding greater certainty and flexibility for factors including: difficulties in making Requirements should be developed, which are industry without sacrificing the level of en- summer-blend Phase II reformulated gaso- consistent with responsible implementation vironmental benefit provided by the current line; EPA hurdles to expanding refinery ca- of the statutory NSR requirements. program or meaningful public participation. pacity; and the overall increase in energy de- Specifically, to assist you in assessing the Due to the array of policy and legal issues mand. implications of NSR on meeting the nation’s that arose on the vast number of areas we at- Unless reviewed and addressed, EPA’s im- energy and fuel supply demands, you may tempted to tackle in one very large rule- plementation of NSR permitting require- want to obtain the following: (1) all requests making, we were not able to complete the ments will continue to thwart the nation’s since January 1, 1998 for information under regulatory/packages in this Administration. ability to maintain and expand refinery ca- section 114 of the Clean Air Act issued to fa- The concepts that we developed make both pacity to meet fuel requirements. In 1998, cilities and companies in any sector involved economic and environmental sense because EPA embarked on an overly aggressive ini- in energy and fuel supply; and (2) notices of in return for environmental performance, in- tiative in which it announced new interpre- violation issued to, and complaints filed dustry will receive greater flexibility and tations of its NSR requirements that it has against, any such company and/or facility al- more certainty for business investment deci- applied retroactively to create a basis for al- leging NSR violations during that period. We sions. The concepts would not undercut the leging that actions by electric utilities, re- are submitting a similar request to EPA basic goals of the NSR program. fineries and other industrial sources taken today. The concepts that we developed and which over the past 20 years should have been per- Thank you for your consideration of this I support are listed below. I believe many of mitted under the federal NSR program. We matter. We look forward to working with these could be taken as final actions because also understand that these new interpreta- you in the future to develop environmental of the hard work we have done together. tions conflict with EPA’s regulations, its policy, which further protects human health Voluntary Alternative NSR Program for own prior interpretations and actions, and and the environment and works in concert the Electric Power Generating Industry.— State permitting agency decisions. with sound energy policy. This voluntary program would allow owners EPA’s actions have been premised heavily Sincerely, of power plants to commit to specific, on its reinterpretation of two elements of JAMES M. INHOFE, verifiable emissions reductions across all the NSR permitting requirements. First, U.S. Senator. their generating units over a defined period

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1213 of time and in most instances would avoid this information to everyone will greatly as- sible for refiners to make these envi- the need to get an NSR permit when making sist the permitting process. To this end, I ronmental upgrades. Now is the time changes at their facilities. have committee significant resources to to work together on these and other Plantwide Applicability Limits (PALs.— gather all of the existing data, input into the Source owners would be able to make regulations to not only achieve the en- database, and redesign the system to make it vironmental goals but also ensure no changes to their facilities without obtaining easier for all parties to put in new data to a major NSR permit, provided their emis- keep it up-to-date. disruption in fuel supply which would sions do not exceed the plantwide cap. Also, One of the lessons that we have learned cause the price spikes that we know facility owners that use PALs must commit through our ongoing efforts is that it would are inevitable. to install best controls over time to gain this be difficult, if not impossible, to improve Higher energy prices affect everyone. flexibility and certainty. PALs would be es- NSR in one large rulemaking. Instead, I be- However, when the price of energy pecially attractive to those industries (e.g., lieve it is best to make incremental changes rises, that means the less fortunate in pharmaceuticals and electronics) who need that will provide flexibility and certainty our society must make a decision be- to make changes quickly to respond to mar- without sacrificing the benefits of the cur- tween heating their home and keeping ket demands in order to stay competitive in rent program. I hope the new Administration the lights on or paying for other essen- a global marketplace; will consider finalizing the concepts de- Clarifications of Roles, Responsibilities tial needs. scribed above that provide flexibility and During a recent EPW Committee and Time Frames for Class I Area Reviews.— certainty without compromising environ- The process for review of permit applications mental protection to make near term hearing last year, Senator VOINOVICH’s by Federal Land Managers (FLMs) would be progress. I realize there are other issues, constituent, Tom Mullen, articulated clarified to delineate the roles of the source such as applicability for the base program, this concern. Mr. Mullen stated that in owner, the permitting authority and the that also need resolution. For these remain- a recent study—which is well known FLM, in conducting permit reviews for ing issues, continued discussions in the con- and very well expected—on Public sources potentially affecting air quality near text of the overall program are needed. Opinion on Poverty, it was reported national wilderness areas and parks (Federal I appreciate and thank you for the time, that 23 percent of the people in Amer- Class I areas). These changes would reduce effort and input that you have provided over ica have difficulty paying for their delays and disputes associated with permit- the past years, and I believe that both indus- utilities. That is one out of every four ting applications for sources near Federal try and environment will benefit from the Class I areas because they would provide a approaches described above. Americans. I will not support policies, such as time frame for the FLM to identify any con- ROBERT PERCIASEPE, cerns and analyses needed for the permit ap- Assistant Administrator. NSR, that will hurt the poor in Okla- homa and around the Nation. Addition- plications. Also, it would clarify that the Mr. INHOFE. Mr. President, I very FLM does not have the authority to veto ally, the lower environmental perform- much look forward to seeing the fruits permits, and ensure that the FLM obtains ance resulting from the current NSR the necessary information to conduct their of the Clinton and Bush administra- Program impacts Americans in every permit reviews in a timely manner; tions’ labors on this issue. tax bracket. NSR reforms enjoy the Clean Unit Exemption.—This exemption From my tenure as chairman of the support of a wide range of interests— would provide an incentive for source owners Senate’s Clean Air Subcommittee, I to install the best emission controls on new from the State attorneys general to knew that New Source Review was a labor unions to business groups. or modified emission units and provide flexi- major issue for the energy sector. In bility and certainty so that most future I ask unanimous consent to have changes at such units would not trigger fact, I held the very first congressional printed in the RECORD letters from the NSR. An owner of an emissions unit that hearings on New Source Review in Feb- U.S. Chamber of Commerce and the meets certain minimum criteria to be con- ruary of 2000 in Ohio. I could not be- International Brotherhood of Boiler- sidered ‘‘clean’’ could make most changes to lieve my own ears. We heard from com- makers in support of NSR reform. these units without triggering NSR for a panies that were trying to make envi- There being no objection, the mate- specified period of time, such as ten years. ronmentally friendly modifications to rial was ordered to be printed in the Innovative Control Technology Waiver.— their facilities being stopped dead in RECORD, as follows: This waiver would provide more flexibility CHAMBER OF COMMERCE for owners of sources who risk trying innova- their tracks by, ironically, the Clean OF THE UNITED STATES OF AMERICA, tive technology that have not yet been prov- Air Act. Washington, DC, July 15, 2002. en effective. Should the innovative tech- I was also shocked to hear that it Hon. JAMES INHOFE, nologies not perform up to expectations, we took 4,000 pages of guidance documents U.S. Senate, would provide the owners with time either to to explain 20 pages of regulations. That Washington, DC. correct the efficiencies or alternatively is 4,000 pages of guidance documents DEAR SENATOR INHOFE: I am writing on be- apply a more standard control technology; just to explain 20 pages of regulations. half of the U.S. Chamber of Commerce (U.S. Pollution Control Project Exclusion.—This Since then, my shock at the absurd- Chamber), the world’s largest business fed- would codify our existing policy that owners ity of the NSR Program has not worn eration, representing more than three mil- of facilities making changes to their plants lion businesses and organizations of every that primarily reduce one or more targeted off. We, as a nation, need to rethink the manner in which we approach regu- size, sector, and region, to express our sup- air pollutants (but which collaterally in- port for reform of the new source review crease other pollutants) are excluded from lations. We all need to keep an open (NSR) program. NSR, in its current form has NSR provided certain conditions are met. We mind during the debates on various impeded environmental progress and energy would provide a list of environmentally ben- regulatory reform initiatives. I am production for decades. The revisions re- eficial technologies that, absent other infor- sick of continually hearing that these cently announced by the U.S. Environmental mation that would indicate that the projects are ‘‘sneak attacks on the environ- Protection Agency (EPA) are a good begin- would not be environmentally beneficial, ment.’’ In fact, just the opposite is ning to reforming a deeply flawed program. would be presumptively eligible for the ex- The NSR program concerns the Clear Air clusion; and true. If we rethink regulation, we could Act (CAA) emissions standards applicable to Control Technology Review Require- find ourselves in a place where we can significant new and modified stationary ments.—Because disputes arise over what have far greater environmental protec- sources. In 1980, EPA established a regu- control technologies are considered avail- tion and more reliable and diverse en- latory exclusion for ‘‘routine maintenance.’’ able, the permit review process can become ergy sources. The scope of this term, however, remains lengthy. To improve the process for obtain- Congress and the executive branch subject to debate. A clear administrative in- ing a permit, we would (1) add a definition of must also do a better job of under- terpretation of ‘‘routine maintenance’’ ‘‘demonstrated in practice,’’ (2) provide a standing how the various layers of reg- would be an improvement over the present ‘‘cut off’’ date for consideration of additional situation, which is mired in complexity and control technologies, (3) add provisions that ulations impact sectors of our econ- confusion. specify when applications are deemed ‘‘com- omy. I normally have a chart which Reducing the problems with the NSR pro- plete,’’ and (4) require that control tech- shows all of the different regulations gram is vital. Governments should not un- nology determinations be entered into a that are going to be hitting the various necessary impede the work of the private clearinghouse before permits can become ef- regulated sectors—a chart that shows sector. The NSR program is a classic exam- fective. the refiners that are currently working ple of bureaucratic complexity. More than 20 Nearly all parties in our discussions identi- years after the initial regulation, a plant fied the need to have all of the data on the at almost 100–percent capacity are manager cannot determine with any cer- latest control technology determinations going to be simultaneously hit with a tainty whether planned maintenance activi- made by permitting authorities in the EPA number of regulations in the next few ties will subject the facility to millions of clearinghouse. Improving the availability of years. NSR will make it close to impos- dollars of extra costs.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1214 CONGRESSIONAL RECORD — SENATE January 21, 2003 The NSR program, as presently con- reasonable new source review (‘‘NSR’’) pol- just seem to appear over night, the Adminis- stituted, is a severe impediment to increas- icy. We support the recent efforts of this Ad- tration’s action NSR seem pretty open and ing domestic energy supply. Electric gener- ministration to clarify the program. The ef- fair to us. When you compare the current ating plants cannot make even minor ficiency of our facilities and the safety of our clarification to the way the program changes in to their operations without run- workers hang in the balance. changed in 1999—without any rulemaking ning the risk of ruinous enforcement actions First, let me be clear today that Boiler- process whatsoever—the Administration’s that would impose huge fines and enormous makers do not oppose the Clean Air Act, nor June 13 announcement looks all the better! compliance costs on their facility. National do we oppose its rigorous enforcement. In Boilermakers are not just workers; they energy policy, indeed national security, re- fact, construction lodges of our union look are also consumers of electricity that work quires the removal of every obstacle to in- forward to doing much of the actual work for hard for their wages. One item often lost in creased domestic energy production. the installation of new technologies and con- the mess regarding NSR is that capital ex- The National Energy Policy Report di- trols at utility plants and for industrial boil- penditures not justified for environmental rected EPA to review the NSR program, and ers across this region and the country. In protection are still passed along to ratepayers. Unfortunately, the less money you report on its effect on environmental protec- reference to the NOX control program alone, tion and energy production. EPA’s review our international President Charlie Jones re- make, the greater the percentage of your found that the NSR program has impeded or cently wrote: paycheck goes to your electricity bills. Ac- resulted in the cancellation of projects that ‘‘The EPA estimates that compliance cording to Energy Information Administra- would maintain or improve reliability, effi- measures will cost about $1.7 billion a year. tion data, those living at or near the poverty ciency, or safety of existing power plants and A sizable portion of that money will go to level pay 4 to 6 times the percentage of their refineries. the Boilermakers who do the work necessary income for power. So, advocates of misusing On June 13, 2002, EPA announced a set of to make the additions and modifications re- the NSR program hurt those least able to af- revisions to the NSR program. Among other quired by the SCR technology.’’ ford it the most! As you can see, Boilermakers have never changes, facilities would be able to make Aside from NOX control, Boilermakers asked for repeal or substantial revision of physical changes to their plants without ob- have always led the way on Clean Air Act the NSR program. We encourage the develop- taining an NSR permit, if their emissions do issues. For example, Boilermakers were pio- neers in installation of scrubbers and further ment and installation of new technology, not exceed a plantwide cap. Projects would and we stand ready to continue to train and be excluded from NSR requirements if they in fuel-substitution programs at our cement kiln facilities. In short, Boilermakers have apprentice workers to meet the needs of the result in a net overall reduction of air pol- Clean Air Act. However, when the NSR pro- lutants. EPA would also establish a safe har- been there to meet the challenges of the Clean Air Act, to the benefit our members grams goes where it wasn’t intended—and bor test. Projects whose aggregate costs are discourages the very maintenance, repair below the threshold established by the safe and all Americans that breathe clean air. However, Boilermakers could not support and replacement activities that constitute harbor test would be exempt from NSR re- the livelihood of Boilermakers—we must quirements. the EPA’s 1999 recent interpretation of its authority under the New Source Review pro- strongly object. Thanks for the opportunity These proposals promise a major improve- to make a statement. ments to the NSR program. They will lead to gram. NSR, correctly interpreted as we believe the Administration’s clarification does, Mr. INHOFE. Mr. President, the envi- improvements in the environment, as regu- ronmental community does not have to latory certainty will allow facilities to per- forces new sources or those undergoing form routine maintenance and repairs with- major modifications, to install new tech- answer to the American people when out the fear of triggering NSR requirements. nology, like the technology President Jones energy prices go through the roof. But Plants have deferred routine maintenance, mentioned. We support NSR in that context. the President of the United States But, when NSR is applied to the routine which would have improved safety and de- does, and we do, too. I think the Presi- maintenance policies and schedules of exist- creased emissions, due to the potential costs dent is doing the right thing, and we ing facilities, very different results occur. In of NSR requirements. With the NSR program those cases, facilities are discouraged from should support him for it. modifications, overall emissions will be re- undertaking routine actions for fear of huge So, in summary, this is one of the duced. The reforms, particularly the penalties or long delays or both. By applying rare things that both the Clinton ad- plantwide cap, will benefit facilities by al- NSR in that way, we are pretty sure that ministration and the Bush administra- lowing increased operational flexibility. The Boilermakers won’t have the opportunity to tion have proposed which enjoys sup- revised NSR program will simplify an overly work on maintenance projects that we know complex program. port by virtually all the labor unions are extremely important to energy effi- The recently announced NSR reforms are as well as the business organizations, ciency. Just hearing about recent events in log overdue. The regulations to be made final the U.S. Chamber of Commerce, and California is enough to make the case that later this year were proposed in 1996. The other organizations, and the American facilities need to be as efficient as possible. proposals requiring notice and comment We now have read that New York may be people who want lower cost energy. rulemaking will not be in effect until 2004, at facing similar problems. The New York Mr. President, I am offering a second- the earliest. Times reported just a few days ago that, the degree amendment to Senator The U.S. Chamber supports reform of the State ‘‘is unexpectedly facing the potential EDWARDS’ rider on the New Source Re- NSR program. The U.S. Chamber urges the for serious power shortages over the next view. In his amendment, Senator Senate to encourage these efforts to improve couple of months.’’ Now is definitely not the environmental progress and energy produc- EDWARDS asks the National Academy time to play with the reliability of a power tion. of Sciences to conduct a study on the grid. Sincerely, impacts of implementing the NSR re- Efficiency is not the only reason to encour- form package and to delay the reforms R. BRUCE JOSTEN, age routine maintenance. Experienced pro- Executive Vice President, fessionals or Boilermakers new to the trade in the interim. Government Affairs. can both tell you: maintenance is necessary In our judgment, there is no reason to maintain worker safety. Electric gener- for this delay. We have delayed already STATEMENT OF ANDE ABBOTT, DIRECTOR, LEG- ating facilities harness tremendous forces: for 10 years. We have been living with ISLATIVE DEPARTMENT, INTERNATIONAL superheater tubes exposed to flue gases over this thing for 10 years. We need reforms BROTHERHOOD OF BOILERMAKERS ON THE 2000 degrees; boilers under deteriorating con- now. NEW SOURCE REVIEW PROGRAM ditions; and parts located in or around boil- Therefore, I am offering a second-de- Chairman Jeffords, Chairman Leahy, and ers subjected to both extreme heat and pres- gree amendment to allow the NSR final members of the Committees, my name is sure. Any EPA interpretation which creates package to move forward, but to allow Ande Abbott and I am the Director of Legis- incentives to delay maintenance is simply the National Academy of Sciences to lation for the International Brotherhood of unacceptable to our workers. Boilermakers, Iron Ship Builders, Black- Some critics of the June 13 action by the conduct a study. When the NAS com- smiths, Forgers and Helpers, AFL–CIO. I Administration have contended that the pletes its study, the EPA can then ben- thank you for this opportunity to present NSR decision was made with insufficient at- efit from its results. I suggest that the our views. tention to public process. This simply has National Academy of Sciences will be Commonly referred to as the Boilermakers not been the experience of the Boilermakers getting their information from the Union, we are a diverse union representing or other unions working on this project. The EPA because they are the ones who over 100,000 workers throughout the United U.S. EPA held four public hearings in each have accumulated all the data to date, States and Canada in construction, repair, region of the country. Paul Kern, the record- and there is no more data that is avail- maintenance, manufacturing, professional ing secretary of our Local 105 in Piketon, emergency medical services, and related in- Ohio, offered a statement at the hearing in able. There is nothing to be lost by of- dustries. Boilermakers, who make and main- Cincinnati. In addition, it is our under- fering this as a second-degree amend- tain industrial boilers and the pollution con- standing that over 130,000 rulemaking comment. You would have the benefit of trol equipment they use, have had a long- ments were received on this initiative. Given the NAS study as well as moving along time commitment to a clear, effective and our experience with certain regulations that the time for implementation.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1215 There is simply no reason to delay clarified to delineate the roles of the source such as applicability for the base program, the implementation of the final NSR owner, the permitting authority and the that also need resolution. For these remain- package. The Edwards amendment FLM, in conducting permit reviews for ing issues, continued discussions in the con- calls for a study before the final New sources potentially affecting air quality near text of the overall program are needed. national wilderness areas and parks (Federal I appreciate and thank you for the time, Source Review rules go final. I guess Class I areas). These changes would reduce effort and input that you have provided over the Senator from North Carolina has delays and disputes associated with permit- the past years, and I believe that both indus- not read the administrative record on ting applications for sources near Federal try and the environment will benefit from the regulations. If he had, he would see Class I areas because they would provide a the approaches described above. that the EPA conducted a thorough en- time frame for the FLM to identify any con- Mr. INHOFE. Mr. President, I would cerns and analyses needed for the permit ap- vironmental analysis of the final NSR like to read from the EPA’s own envi- proposals. plications. Also, it would clarify that the FLM does not have the authority to veto ronmental analysis: Mr. President, I ask unanimous con- permits, and ensure that the FLM obtains The overall effect of the final rule will be sent that the analysis be printed in the the necessary information to conduct their a net benefit to the environment. RECORD. permit reviews in a timely manner. My second-degree amendment calls There being no objection, the mate- Clean Unit Exemption—This exemption rial was ordered to be printed in the would provide an incentive for source owners for a NAS study to look at the impacts of the regulation after implementation RECORD, as follows: to install the best emission controls on new or modified emission units and provide flexi- of the final rules while allowing the ENVIRONMENTAL PROTECTION AGENCY, bility and certainty so that most future regulations to go forward, thus allow- Washington, DC, January 19, 2001. changes at such units would not trigger ing cleaner and more efficient tech- MEMORANDUM NSR. An owner of an emissions unit that nologies to be installed in our Nation’s Subject: Status of the New Source Review meets certain minimum criteria to be con- manufacturing centers. Improvement Rulemaking. sidered ‘‘clean’’ could make most changes to Delaying these regulations would To: New Source Review Stakeholders. these units without triggering NSR for a From: Robert Perciasepe, Assistant Adminis- specified period of time, such as ten years. delay projects to create safer work- trator. Innovative Control Technology Waiver— places. The International Brotherhood Over the last two years we have all worked This waiver would provide more flexibility of Boilermakers, a member of the AFL- hard to develop improvements to the New for owners of sources who risk trying innova- CIO, has recently opined against the Source Review (NSR) program. As I have dis- tive technologies that have not yet been proposed delay in the final package on cussed with you, I believe it is essential that proven effective. Should the innovative tech- the New Source Review. I would like to this program have greater incentives for nologies not perform up to expectations, we read just a small part of their letter companies to employ the most effective would provide the owners with time either to emission reduction techniques voluntarily correct the deficiencies or alternatively and then will have the rest of the letter and give greater flexibility when companies apply a more standard control technology. printed in the RECORD. This letter is a take these voluntary actions. I am writing Pollution Control Project Exclusion—This current letter dated today from the to share with you where we are on the NSR would codify our existing policy that owners International Brotherhood of Boiler- Improvement effort as I leave this office. of facilities making changes to their plants makers. It says: We have come a long way together in de- that primarily reduce one or more targeted We have encouraged the Environmental veloping the conceptual framework for how air pollutants (but which collaterally in- Protection Agency to clarify the program as EPA can improve the NSR program by pro- crease other pollutants) are excluded from soon as possible, and oppose efforts in Con- viding greater certainty and flexibility for NSR provided certain conditions are met. We gress to slow reform down. The efficiency industry without sacrificing the level of en- would provide a list of environmentally ben- and competitiveness of our facilities and the vironmental benefit provided by the current eficial technologies that, absent other infor- safety of our workers hang in the balance. program or meaningful public participation. mation that would indicate that the projects This is a jobs and safety issue for millions of Due to the array of policy and legal issues would not be environmentally beneficial, American workers. that arose on the vast number of areas we at- would be presumptively eligible for the ex- tempted to tackle in one very large rule- clusion. Mr. President, I ask unanimous con- making, we were not able to complete the Control Technology Review Require- sent that this letter be printed in the regulator/packages in this Administration. ments—Because disputes arise over what RECORD. The concepts that we developed make both control technologies are considered avail- There being no objection, the mate- economic and environmental sense because able, the permit review process can become rial was ordered to be printed in the in return for environmental performance, in- lengthy. To improve the process for obtain- RECORD, as follows: dustry will receive greater flexibility and ing a permit, we would (1) add a definition of INTERNATIONAL BROTHERHOOD OF more certainty for business investment deci- ‘‘demonstrated in practice,’’ (2) provide a BOILERMAKERS, IRON SHIP BUILD- sions. The concepts would not undercut the ‘‘cut off’’ date for consideration of additional ERS, BLACKSMITHS, FORGERS & basic goals of the NSR program. control technologies, (3) add provisions that HELPERS, The concepts that we developed and which specify when applications are deemed ‘‘com- Fairfax, VA, January 21, 2003. I support are listed below. I believe many of plete,’’ and (4) require that control tech- Re Opposition to Appropriations Rider De- these could be taken as final actions because nology determinations be entered into a laying New Source Review Reform. of the hard work we have done together. clearinghouse before permits can become ef- Voluntary Alternative NSR Program for fective. Senator JOHN EDWARDS, the Electric Power Generating Industry— Nearly all parties in our discussions identi- Dirksen Senate Office Building, This voluntary program would allow owners fied the need to have all of the data on the Washington, DC. of power plants to commit to specific, latest control technology determinations DEAR SENATOR EDWARDS: On behalf of the verifiable emissions reductions across all made by permitting authorities in the EPA International Brotherhood of Boilermakers, their electric generating units over a defined clearinghouse. Improving the availability of Iron Ship Builders, Blacksmiths, Forgers and period of time and in most instances would this information to everyone will greatly as- Helpers, ALF–CIO, I am writing to express avoid the need to get an NSR permit when sist the permitting process. To this end, I our support for clarification of the New making changes at their facilities. have committed significant resources to Source Review, or NSR, program and our op- Plantwide Applicability Limits (PALs)— gather all of the existing data, input it into position to any effort to derail NSR clari- Source owners would be able to make the database, and redesign the system to fication through the appropriations process. changes to their facilities without obtaining make it easier for all parties to put in new Therefore, we urge you and your colleagues a major NSR permit, provided their emis- data to keep it up-to-date. not to offer an appropriations rider delaying sions do not exceed the plantwide cap. Also, One of the lessons that we have learned implementation of the final NSR rules. facility owners that use PALs must commit through our ongoing efforts is that it would Commonly referred to as the Boilermakers to install best controls over time to gain this be difficult, if not impossible, to improve Union, we are a diverse union representing flexibility and certainty. PALs would be es- NSR in one large rulemaking. Instead, I be- over 100,000 workers throughout the United pecially attractive to those industries (e.g., lieve it is best to make incremental changes States and Canada in construction, repair, pharmaceuticals and electronics) who need that will provide flexibility and certainty maintenance, manufacturing, professional to make changes quickly to respond to mar- without sacrificing the benefits of the cur- emergency medical services, and related in- ket demands in order to stay competitive in rent program. I hope the new Administration dustries. Boilermakers, who make and main- a global marketplace. will consider finalizing the concepts detain industrial boilers and the pollution con- Clarifications of Roles Responsibilities and scribed above that provide flexibility and trol equipment they use, have had a long- Time Frames for Class I Area Reviews—The certainty without compromising environ- time commitment to a clear, effective and process for review of permit applications by mental protection to make near term reasonable NSR policy. We have encouraged Federal Land Managers (FLMs) would be progress. I realize there are other issues, the Environmental Protection Agency (EPA)

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1216 CONGRESSIONAL RECORD — SENATE January 21, 2003 to clarify the program as soon as possible, of the National Governors Association Mr. REID. Mr. President, if my friend and oppose efforts in Congress to slow reform was passed. It says: will withhold, I have a couple com- down. The efficiency and competitiveness of New Source Review requirements should be ments I would like to make. our facilities and the safety of our workers reformed to achieve improvements that en- Mr. INHOFE. Mr. President, I am hang in the balance. This is a jobs and safety hance the environment and increase energy glad to withhold. issue for millions of American workers. production capacity, while encouraging en- First, let me be clear today that Boiler- The PRESIDING OFFICER. The Sen- ergy efficiency, fuel diversity and the use of makers do not oppose the Clean Air Act, nor ator from Nevada. renewable resources. do we oppose its rigorous enforcement. In Mr. REID. Mr. President, I rise in op- fact, construction lodges of our union look The Nation’s environmental commis- position to the second-degree amend- forward to doing much of the actual work for sioners passed a subsequent amendment of my friend, the chairman of the the installation of new technologies and con- ment, stating: Environment and Public Works Com- trols at utility plants and for industrial boil- The Environmental Council of the States mittee. The amendment offered by ers across this region and the country. In adopts the provisions of the NGA [the Na- Senator EDWARDS, and cosponsored by reference to the NOX control program alone, tional Governors’ Association] policy. The Senators LIEBERMAN, JEFFORDS, our international President Charlie Jones re- Environmental Council of the States encour- DASCHLE, and Senator REID of Nevada, cently wrote: ages the United States EPA to reform the ‘‘The EPA estimates that compliance really is a very modest amendment. New Source Review Regulations into a work- This administration has gone ahead measures will cost about $1.7 billion a year. able regulation that is easily understood and A sizeable portion of that money will go to effectively implemented. with the most radical rewriting of the clean air rules in 30 years. Let me re- the Boilermakers who do the work necessary These positions reflect the true direc- to make the additions and modifications repeat that. The administration, admin- tion of the majority of States. I think quired by the SCR technology.’’ istratively, has caused the most radical there is a propensity in this body for us NSR, correctly interpreted as we hope rewriting of the clean air rules in 30 to think that wisdom in Washington is EPA’s new rules will do, forces new sources years. They have not studied what the or those undergoing major modifications, to greater than that of the States. That is effects of these rules will be for peo- install new technology, like the technology not true. So you have a unanimous res- President Jones mentioned. We support NSR ple’s health and the environment. I olution from the Governors as well as think Senators on both sides of the in that context. the Environmental Council of the However, when NSR is applied in an un- gaisle have asked for this study. They clear or inflexible manner to existing facili- States. have refused to do it. ties, very different results occur. In those The bottom line is this: My second- This amendment simply says, let’s cases, facilities are discouraged from under- degree amendment allows the EPA and wait 6 months—just 6 months—and get taking appropriate actions for fear of huge the States to benefit from the wisdom a real study of how this amendment penalties or long delays or both. By applying of the National Academy of Sciences will affect people. Our amendment NSR in that way, we are pretty sure that on the important issues of clean air says, because these rules have the po- Boilermakers won’t have the opportunity to policy. However, my amendment does work on projects that we know are ex- tential to be harmful, we should study not create potential dangers inherent them first to make sure we know how tremely important to energy efficiency. Fur- in delaying the onset of the important ther, by reducing the useful economic life of they will affect people’s health. The boilers or by inaccurately setting baselines, and thoughtful administrative reforms amendment says, let’s wait until we the existing NSR confusion undermines the of the NSR program. get that settled—6 months, a half a competitiveness of American job sites. And So I offer a second-degree amend- year—before letting the rules become that means some of the almost 20 million ment to the Edwards first-degree final. manufacturing jobs at stake in heavy indus- amendment No. 67 and ask for its im- The second-degree amendment says: try are placed at risk. mediate consideration. Yes, we need to study those rules, but Finalizing new NSR rules is also important The PRESIDING OFFICER. The to maintain worker safety. Industrial and let’s have the study after the rules go clerk will report. into effect; that is, let the rules go into utility boilers harness tremendous forces: Mr. INHOFE. Mr. President, I suggest superheater tubes exposed to flue gases over effect first; and, second, we will study the absence of a quorum. the effects. That means you are rolling 2000 degrees; boilers under deteriorating con- The PRESIDING OFFICER. The ditions; and parts located in or around boil- the dice with people’s health. ers subjected to both extreme heat and pres- clerk will report the amendment. What this second-degree amendment The assistant legislative clerk read sure. Any delay of these important EPA says is, we will take our chances with as follows: rules is simply unacceptable to our workers. the health of your children, with the Some have argued that the final NSR rules The Senator from Oklahoma [Mr. INHOFE] health of your parents. What we say is, can await further study. However, the U.S. proposes an amendment numbered 86 to EPA held four public hearings in each region amendment No. 67. let the amendment go into effect after of the country on the proposal. Paul Kern, we have studied the issue. The amendment is as follows: What are we going to do a year from the recording secretary of our Local 105 in On page 1, strike all after ‘‘SEC.’’ and in- Piketon, Ohio, offered a statement at the sert the following: now if this study shows—and I am con- hearing in Cincinnati. In addition, it is our ‘‘ . (a) COOPERATIVE AGREEMENT.—As soon fident it will—that these radical understanding that over 130,000 rulemaking as practicable after the date of enactment of changes will have made people’s health comments were received on this initiative, this Act, the Administrator of the Environ- worse? What are we going to say to and over 50 stakeholder meetings were held. mental Protection Agency shall enter into a senior citizens who are suffering from As you can see, Boilermakers have never cooperative agreement with the National asked for repeal or substantial revision of respiratory illnesses, as a great deal Academy of Sciences to evaluate the impact do? the NSR program. We encourage the develop- of the final rule relating to prevention of sig- ment and installation of new technology, nificant deterioration and nonattainment It was less than a year ago that one and we stand ready to continue to train and new source review, published at 67 Fed. Reg. of the weekly magazines—I believe it apprentice workers to meet the needs of the 80186 (December 31, 2002). The study shall in- was Newsweek; ran a front-page article Clean Air Act. However, when the NSR pro- clude— that talked about the asthma epidemic gram goes where it wasn’t intended—and cre- (1) increases or decreases in emissions of sweeping this country afflicting our ates uncertainty regarding the very liveli- pollutants regulated under the New Source children. Although they do not deter- hood of Boilermakers—we must strongly ob- Review program; minatively know why, one of the con- ject. Therefore, we ask you and your col- (2) impacts on human health; leagues not to offer any appropriations rider (3) pollution control and prevention tech- clusions they arrive at is because of delaying the final NSR rules. nologies installed after the effective date of the bad air. However, I don’t think we Sincerely, the rule at facilities covered under the rule- need scientific studies to show that. ANDE ABBOTT, making; By allowing the administration to go Director of Legislation. (4) increases or decreases in efficiency of forward with this rule, what we are Mr. INHOFE. Mr. President, some operations, including energy efficiency, at really saying is we do not care. We supporters of the Edwards rider in its covered facilities; and want these companies to go ahead and (5) other relevant data. current form suggest that delay is jus- (b) DEADLINE.—The NAS shall submit an be able to continue their polluting—yet tified because State officials seek it. interim report to Congress no later than we only studied two companies. Nothing could be further from reality. March 3, 2004, and shall submit a final report We hear that the Environmental Pro- Two years ago, a unanimous resolution on implementation of the rules. tection Agency today has actually

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1217 done the environmental analysis and it Clean water: The administration pro- cil on Environmental Quality said: shows that these radical rule changes posed earlier this month changes for ‘‘Climate change is a technology would protect the environment. That is managing waterways under the Clean issue.’’ He believes technological inno- foolishness. It is not true. Water Act. The proposed rules would vations, not curbs on emissions of The EPA gave us hundreds of pages affect enforcement of the Clean Water greenhouse gases, are the solution to of old, irrelevant reports. Act by defining protected and unpro- global climate change. They said their assessment was qual- tected lakes, rivers, streams, and wet- Snowmobiles, something on which I itative and not quantitative. That is a lands. This rule would remove 20 mil- have worked hard: The administration buzzword for ‘‘we have done nothing.’’ lion acres of wetlands from protection. proposed to increase the number of It means they didn’t do real hard re- On January 3—just a few weeks ago— snowmobiles allowed in Yellowstone search in how these changes would af- the administration issued categorical and Grand Teton National Parks by fect people, children with asthma, and exclusions under the National Environ- more than 35 percent, even though the seniors with respiratory illness. mental Policy Act for certain timber rangers there must use respirators and One group did the real hard research. projects. As a result, the agency will be masks because the air is so bad because The Environmental Integrity Project able to approve logging in burned, dis- of the snowmobiles. looked at two factories and found that eased, and insect-infested forests with- Should we not, with a record like just with these two factories, the ad- out completing individual environ- this, take 6 months to see if the rules ministration rules would increase pol- mental reviews. are going to be bad? I didn’t read all of lution by more than 120 tons a year. On December 31, the administration them, but you get the idea why I am a One of these EPA studies done by the proposed regulations that would allow little suspect about the rules and why current Environmental Protection tuna caught by encircling dolphins to we should not leap before we look. Agency points to Delaware as a model. be labeled ‘‘dolphin safe.’’ For the last Let’s look, have a study done to find Companies in Delaware have taken 5 years, tuna caught using dolphins as out if the rules are as bad as the envi- some good measures to reduce pollu- targets were barred from bearing the ronmental community says they are. I hope the second-degree amendment tion. That is true. But as industries in ‘‘dolphin safe’’ label. Delaware have pointed out and as Sen- Two days after Christmas, the ad- of my friend from Oklahoma is de- feated and we have an up-or-down vote ator BIDEN has pointed out, this admin- ministration came up with a Christmas on the amendment to call for a study istration is not following the Delaware present when they issued new guide- before we enact the very extreme rad- model. They are following a different lines that would allow more develop- ical rule changes with the Clean Air and anti-environmental model. ment of wetlands and additional miti- The amendment of the Senator from Act. gation. However, the existence of wet- The PRESIDING OFFICER. The Sen- North Carolina does not discourage en- lands is important because they filter ator from Oklahoma. ergy efficiency. All of us support more drinking water, retain flood waters, Mr. INHOFE. Let me respond to the energy efficiency. We support reform of and support wildlife. distinguished Senator from Nevada. the New Source Review. We want to re- The administration on December 23— First, this has nothing to do with duce pollution at the same time as we 2 days before Christmas—issued a final tuna, dolphins, drilling, snowmobiles in reform. We don’t want reform being an rule that would allow States to claim the Tetons. The record of this Presi- excuse to increase pollution. The new ownership of roads in national parks, dent has been very good. We passed ex- rules would increase pollution. forests, wilderness areas, and other tensive brownfields legislation with the Again, the amendment of the Senator public lands. Under this rule, States help of the Senator occupying the from North Carolina is a modest could assert claims to thousands of chair. My amendment included over amendment. It says: Look before you miles of dirt roads, trails, and wagon 200,000 petroleum sites. The record has leap. However, what we are being told tracks—many of which are in wilder- been good. to do with the second-degree amend- ness areas and other public lands. It is important, when you are talking ment is look after you leap. That is not On December 19, the administration about this issue, to talk about the the same. issued a cost-benefit report calling for Bush administration. This essentially Look before you leap; that is what we more than 300 rules to be revised and came from the Clinton administration, should do. The second-degree amend- eliminated, or expanded. These changes not from the Bush administration. ment is misguided, misdirected. It affect food safety standards, arsenic in With the exception of a few technical- takes away from the importance and drinking water, energy conservation ities which have been worked out to ev- the dignity of the amendment offered standards, and logging in national for- eryone’s advantage, this is the Clinton by the Senator from North Carolina ests. administration’s program. which simply says, the President wants Again dealing with clean water, on Here is the statement made at the to move forward with radical changes December 16 they issued final regula- last day of the Clinton administration in the Clean Air Act, an act which has tions under a court-ordered deadline by Bob Perciasepe: been in effect for some 30 years, so be- that would weaken clean water protec- Over the last two years we have all worked fore we do this, let’s first wait 6 tions concerning concentrated animal hard to develop improvements to the New months to see if the changes the ad- feeding operations. The new rule will Source Review program. As I have discussed ministration suggested will hurt the affect 15,000 large and medium size U.S. with you, I believe it is essential that this environment. corporate farms. program have greater incentives for companies to employ the most effective emissions I certainly hope the amendment of On salmon protection, the adminis- techniques voluntarily and give greater the Senator from North Carolina tration proposed new regulations to flexibility when companies take these vol- passes in its form before the Senate weaken salmon protections and to untary actions. and that the second-degree amendment allow increased logging in the Pacific. And so then we had this study. Look does not pass. I say that because if you On November 22 of last year, the ad- at this study. It is 180 pages. The study look at the track record of the admin- ministration issued final regulations comes to the conclusion that the over- istration, you are looking at a track that would weaken the Clean Air Act’s all effect of the final rule will be a net record that is not good. New Source Review program. The ad- benefit to the environment. This is We know the administration came ministration has issued standards re- going to benefit the environment, not out initially with an effort to change lating to drilling in national parks. hurt it. the arsenic standards in water. We They approved natural gas drilling in When the Senator from Nevada says, were able to turn that back. We know Padre Island National Seashore in what do we say to senior citizens, I say the administration has worked very Texas, the Nation’s longest stretch of what do we say to senior citizens when hard to make sure that the rules relat- undeveloped beach. They are going to their energy costs go up, when they al- ing to testing children to find out if take care of that and allow drilling ready have to decide whether to heat lead in their environment is bad—they there. their homes or have food to eat. tried to eliminate that. We were able On climate change, on November 20 We have studied this matter for 10 to stop that. the chairman of the White House Coun- years. We don’t need 6 more months.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1218 CONGRESSIONAL RECORD — SENATE January 21, 2003 However, we are willing to have the year, since we did not get our job done dollars and willing to put the deficit to NAS do a study, and they will use the last fall and pass the appropriations even higher levels. same data the EPA used in coming up bills for this year—is I am going to de- To set the record straight, when we with the conclusion that this is not tail all of the amendments the Demo- hear the debate on taxes, as we will harmful, but it is good for the environ- crats are offering and begin to add up later this year and we will hear Mem- ment and health. the 10-year costs of these amendments. bers coming to the Chamber saying we I will be joining my friend from Ne- We have the first amendment offered cannot afford this tax reduction, re- vada in asking for a recorded vote on by Senator BYRD on homeland secu- member what they thought they could this second-degree amendment at the rity, which is $70 billion over the next afford and that is a much bigger Fed- appropriate time. 10 years. eral Government, more tax dollars I yield the floor and suggest the ab- Senator KENNEDY’s amendment on being spent in Washington, DC, and sence of a quorum. education was $84 billion, which higher deficits as a result. The PRESIDING OFFICER. The brought the total to $154 billion. Sen- I will be back after each series of clerk will call the roll. ators HOLLINGS’ and MURRAY’s amend- amendments we vote on and we will be The assistant legislative clerk pro- ment on Amtrak, that was $5 billion adding to this chart. I am hopeful this ceeded to call the roll. over 10 years. Senator HARKIN’s amend- number of votes for these amendments Mr. SANTORUM. Mr. President, I ment, $7 billion over 10 years, and then will begin to change. Where we look at ask unanimous consent that the order Senator BYRD’s amendment, which was almost every single Democrat voting for the quorum call be rescinded. to basically strip away what was a for these large increases in spending, I The PRESIDING OFFICER. Without mechanism to try to pay for some of am hopeful that at some point there objection, it is so ordered. these increases such as education and will be a recognition that it is impor- Mr. SANTORUM. I thank the Chair. others, which was an across-the-board tant to control the growth of Govern- Mr. President, during the last few reduction, he eliminated the across- ment spending, it is important not to session days, I have been rising to the-board reduction which basically have big deficits in ever increasing bring the Senate’s attention to an put $154 billion on to the deficit over amounts, and we will see some contrac- issue which I think is very important. the next 10 years. tion in these numbers. We have had a lot of discussion in this Pending is Senator DODD’s amend- Time will tell what will happen in body about the concern for deficits. I ment, which adds $21 billion over the the Senate over the next several days share those concerns about how much next 10 years in the area of paying for as we begin to debate more amend- money we are going to be borrowing in education for people with disabilities. ments offered by the other side of the the future. One of the principal reasons We have already had a majority of aisle to add more money to the deficit for these discussions, particularly from Democrats, in fact almost every single which they decry as already too big in Democratic Members, is their concern Democrat, vote for $320 billion in new the first place. that because of these deficits going for- spending and now we have another $21 I yield the floor. The PRESIDING OFFICER. The Sen- ward, we cannot give or—let me put it billion on which to be voted. There are ator from Nevada. this way—let people in America keep a whole host of other amendments Mr. REID. The Senator from Rhode more of their money and provide tax which have to be filed by 6 p.m. today, Island will offer a very important relief, as the President has proposed, to which will add robustly, I suspect, to amendment on unemployment insur- try to stimulate this economy. this total of $341 billion to date that ance. I ask unanimous consent that fol- The President has proposed in the have been offered by Members on the lowing my remarks, the Senator from area of $600 billion in tax relief over other side of the aisle who have come North Dakota be recognized to speak the next 10 years to try to help put to this Chamber repeatedly and sug- for 15 minutes; following that, the Sen- more money into the private sector to gested that, we cannot provide tax re- ator from Rhode Island be recognized help create jobs, secure jobs, and grow lief to spur this economy to create jobs to offer an amendment. this economy. I think that is a very and to put more money out on to the I have spoken to the manager of the worthy goal. private sector into taxpayers’ pockets bill and have indicated to him that we Economic growth is vitally impor- but we can afford almost half of what were going to offer this amendment. I tant for all of us in America. It creates the President’s tax reduction measure ask unanimous consent, therefore, that job security. It creates new opportuni- will cost. when Senator REED offers his amend- ties for advancement. It increases our It is important to show where the ment the pending amendment be set standard of living. I believe everybody priorities are of the respective parties. aside. If there is a problem with that, in this Chamber would agree that one What we have suggested is that to help that would give time to someone on of our priorities should be to create this economy get going we need to put the other side to be available to object more jobs and create a stronger econ- more money in taxpayers’ hands so we having that set aside. omy. The President has put forward a can create a stronger economy and a The PRESIDING OFFICER. Without package which he believes will do that. better quality of life for people in objection, it is so ordered. One of the major criticisms against America. Many on the other side, not Mr. REID. My friend, the junior Sen- the package is that it adds too much to all, have said that is not acceptable. ator from Pennsylvania, has come to the deficit; that while maybe some of What is their alternative? Well, this this Chamber on other occasions with these ideas are good ideas—letting peo- appears to be their alternative: To his chart and talked about the Demo- ple keep more of their money, pro- grow the size and scope of Government cratic amendments. What he has not viding incentives for people to invest, in increasing amounts. talked about is the fact that a year businesses to invest in capital equip- We made a mistake. We made this ago, we had a huge surplus. There are ment, stopping the double taxation of chart too small. My guess is by the estimates that it was as much as $7.2 dividends—all those may or may not be time we are done we are going to have trillion—some say it was only $6 tril- good ideas, depending on to whom you a line of charts as to how much money lion—over a 10-year period. As a result listen—even if they are good ideas, we we are going to add to the deficit at a of what has taken place with this ad- cannot afford it, we simply do not have time when we are hearing all this ministration, that is gone. We are now enough money; frankly, we are running gnashing of teeth about the President’s spending in the red and using Social these deficits, so we have to be fiscally tax plan that is simply too expensive, Security surpluses to pay for the Bush responsible—I am talking about the that it adds too much to the deficit. economic plan. Democratic conversations of late—that Yet time after time Members on the I was on a TV program with Senator we have to be fiscally responsible and other side are more than willing to add NICKLES, who was my counterpart. The not provide this tax relief. money to the deficit. As long as we person doing the interviewing showed What I am going to do in the next spend it on Government programs, as Senator NICKLES a chart. From the few days as we continue to debate this long as we spend it on growing the size time that Harry Truman was President year’s appropriations bills, the 2003 ap- and scope of the Federal Government, until today, going through every Presi- propriations bills—not next, but this they are willing to spend taxpayers’ dent, every President of the United

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1219 States has created jobs, without excep- should be a tax plan to stimulate the how are you going to confront terror, tion, except the current President economy. What we believe should take combat terror? How are you going to Bush. In fact, he has done so poorly in place is an immediate tax cut. It make our nuclear powerplant that is job creation that he has lost over 2 mil- should be directed toward the middle right across the river from tens of lion jobs. class. It should have no long-term im- thousands of Delawareans secure? How I hope the American people under- pact on the deficit in this country. are you going to make sure there are stand we are offering these amend- I talked earlier about the Bush eco- no Americans subject to poison gas at- ments because we believe the American nomic record. It is the only adminis- tacks, the water supply being polluted, people deserve more than tax cuts for tration to lose private jobs in more chemical agents, or, God forbid, bio- the rich. than 50 years. We have had no other ad- logical weapons. The only way to do The present administration’s tax cut ministration that has not created jobs. that, it seems to me, is with more de- plan will increase the deficit by almost His dad came close. He almost was in fense. $1 trillion over 10 years. I hope my the negative. He was the lowest we had What is the defense? That is home- friend from Pennsylvania would vote since Eisenhower. But it is topped by land defense. The defense is the FBI, against that if he is concerned about this President. Eisenhower created in- local law enforcement; the defense is deficits, because that is a huge deficit creased employment by one-half of 1 domestic surveillance, domestic oper- builder. percent, Kennedy by 2 percent, John- ations. My friends keep saying they do Every time my friend, the distin- son by 3.6 percent, Nixon by 2.1 per- not want to grow government. What guished Senator from Pennsylvania, cent, Ford by .18 percent, Carter by 3.3 the devil are they talking about? They comes to the Chamber with his chart, percent, Reagan by 2.3 percent, George just cut 1,100 FBI agents. They shrank we are going to also talk about what H.W. Bush by .4 percent, Clinton by 2.6 government. If tomorrow they took this administration has done that has percent; George W. Bush has lost jobs. this similar percentage of U.S. Marines adversely affected the American peo- He is the only president whose job cre- and cut them, we would say: My God, ple. ation is in the negative. what are they doing? They are crazy. The amendments offered by the We do not need people to lecture us A U.S. marine, I ask my friend from Democrats—which are said to be ‘‘out- on how bad the Democratic amend- Nevada, who is going to confront a ter- rageous things’’—fund school districts ments are. Our amendments are tar- rorist on the Mall in Washington, DC, around America to take care of handi- geted toward American people, not tar- or at a nuclear powerplant in Nevada capped children. I know that is some- geted toward the rich. or Delaware, who will confront that what radical that we want to pay for The PRESIDING OFFICER (Mr. person? Who will track them down? Is handicapped children to be educated, CRAPO). Under the previous order, the it a marine? A special forces person? but that is what we have decided we Senator from North Dakota is now rec- No, it is going to be a law enforcement would like to do, that we would fully ognized for 15 minutes. officer. fund the IDEA program. There is not a Mr. BIDEN. Mr. President, may I ask These fellows have, unintentionally, school district in America that opposes the Senator from Nevada a question I hope, emasculated law enforcement. that. They have cut the COPS Program that Some of the other amendments fund- about what he just stated? Mr. REID. I am happy to maintain put 100,000 cops on the street. They ed the unfunded mandates that have eliminated that. They transferred, nec- taken place with our passing the home- the floor and yield to my friend from Delaware. essarily, 570-some FBI agents out of land security bill. I know the State of violent crime strike forces toward ter- Nevada badly needs that money be- Mr. BIDEN. Mr. President, I say to my friend from Nevada, what confuses ror. They have reduced the coverage in cause we have been forced to do things the States. They have now cut another that the Federal Government has me about what the Senator from Penn- sylvania said, and others have said, and roughly 1,100 FBI agents, eliminated passed on to us that we cannot afford any help for local law enforcement. to do. The State of Nevada needs help. is disturbing, our friends on the other side of the aisle have an incredible defi- They ballooned—as a consequence of That is why today States have deficits that, in part—the budget of all these of about $100 billion. nition of what constitutes security. The idea that we would at this moment States, and they proudly stand here The deficit of the State of California and say: We are not going to grow gov- cut the end strength of the U.S. mili- alone is $35 or $40 billion, but of course ernment. tary, there would be 100 out of 100 Sen- it has 15 percent of the population of I raise my hand; I want to grow gov- this country. ators in opposition on the floor. ernment to fight terror. I want to grow The idea that we are like those soc- So they can bring out all the charts the number of FBI agents. I want to cer moms we talk so much about, they they want to talk about these amend- grow the number of CIA agents. I want are no longer soccer moms, I suggest. ments the Democrats are offering. The to grow the number of police officers. I reason we have voted nearly unani- They are security moms. They are lit- want to grow the ability to defend my mously for every one of these amend- erally worried about whether or not in family from a terrorist attack on a nu- ments is because it is the right thing their children’s schoolyard, in their clear powerplant in my region, all of to do for the people who are not rep- shopping center, in their daily routine, which are exposed now. They are ex- resented by the Gucci shoe crowd, the they and/or their family might be a posed. big limousine crowd. victim of terrorism. I hope my friends, when they come to My friend from Rhode Island is going If this war is a war the President the floor, will explain to me why an in- to offer an amendment to take care of talks so much about, with good reason, crease in the deficit to maintain the about a million people who have no un- a war on terror, I assume we are saying end strength of the FBI is less worthy employment insurance. The unemploy- the same thing. A war on terror is not than increasing the deficit over 10 ment rate has increased by millions a war that is only being conducted by years by half a billion, counting inter- under this President. It has gone from special forces overseas, but the war on est, to give people a deduction, no 4 percent to 6 percent. Job losses, as I terror is in the United States. taxes, on their dividends. have indicated, are over 2 million. The What is the greatest concern Ameri- Mr. REID. If I could respond to my private sector has lost 2.4 million jobs cans have? It is that something is friend, the distinguished Senator, for- since President Bush took office. Un- going to happen as happened on Sep- mally chairman of the Judiciary Com- employment is staggering. A total of tember 11. mittee and Foreign Relations Com- almost 9 million people were unem- I ask this of these friends of ours on mittee, the only place the Senator has ployed in December. The length of un- the other side of the aisle. I think they misspoken is that the tax cut will be employment, which is more than 26 mean well. They talk about the fact near $1 trillion when interest is in- weeks, increased by 122,000 in Decem- they do not want to grow government. cluded, near $1 trillion. ber alone, the biggest 1-month increase I ask, How are you going to combat Mr. BIDEN. I was only talking about in a long time. terror in the United States of America, the dividends. There are a great deal of problems in Washington, DC; in Omaha, NE; in Mr. REID. And I say to my friend, with this economy. We believe there Wilmington, DE; in San Francisco, CA; the Senator is absolutely right.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1220 CONGRESSIONAL RECORD — SENATE January 21, 2003 We have to have a secure nation. The I think we are misguided, in terms of we can’t do that. Create a Social Secu- amendments we have supported and the majority view on this floor. I want rity Program to help seniors? No, we were offered by Senator BYRD are to grow government to defeat terror. I can’t do that. amendments that would give the State want to do it with people with guns. I It’s a good thing this Chamber wasn’t of Delaware, the State of North Da- want to do it with people with might. I filled with people with that attitude kota, and the State of Nevada, a little want to do it with people with intel- when President Eisenhower proposed bit of relief from the unfunded man- ligence capability. I want to stop it be- we build the interstate highway system dates we passed on. fore it happens. You cannot convince or that wouldn’t have gotten built. I also remind my friend from Penn- me you can do a better job with fewer I won’t go on. I will just say I don’t sylvania who was talking about how people. think anyone in here pines for ‘‘big bad the amendments were; he talked a I thank my friend. government.’’ But I think we want a lot about the deficit. We are not talk- Mr. REID. I have a unanimous con- better country. And some of us very ing as ‘‘pie in the sky.’’ We, as Demo- sent request, if my friend will yield. strongly believe that to have a better crats, have a ledger you can look to of I ask unanimous consent that Sen- country is to decide to invest in Amer- success. For the first time in modern ators REED of Rhode Island, CLINTON, ica’s kids, to improve education, to history, during the Clinton years, we BINGAMAN, JOHNSON, and SCHUMER be make our neighborhoods safe, to create were spending less money than we were added as cosponsors to the Dodd the kind of circumstances in which we taking in. The last year of the Clinton amendment No. 71. have economic growth and oppor- administration, they were coming to us The PRESIDING OFFICER. Without tunity, and people have decent jobs— saying: Better not retire that debt so objection, it is so ordered. jobs that pay well, jobs that have secu- quickly because you could have an ad- The Senator from North Dakota is rity. All of these represent what will verse effect on the economy. I guess recognized under the previous order for make this a better country—not a big- someone in the Bush administration 15 minutes. ger government, a better country. I heard that because they listened clear- Mr. DORGAN. Mr. President, I came think we would be well advised to rely. Instead of having a surplus, as we to the floor because I want to talk draw a few of these charts that we see had, they have gone gang busters. about an amendment that will be of- brought to the floor of the Senate and Mr. BIDEN. If the Senator will yield fered tomorrow dealing with disaster talk about what is important to the fu- briefly—and I will yield the floor—I ap- aid for farmers, but I can’t help but ture of America instead of trading slo- preciate the response. comment just a moment on some of the gans back and forth. I have no doubt and I do not disagree But that is not why I came to the discussion I heard on the floor as I en- with anything the Senator has said floor. I want to talk just for a moment tered the Chamber, and also just prior overall, but I am just suggesting that I about the issue of disaster aid for fam- to that, the notion there is one side of wonder how any Members will explain ily farmers. Last week a cattle rancher this Chamber that somehow is for big at home, if, God forbid, one of our nu- from western North Dakota called and government and there is the other side clear powerplants is blown up; if, God said: I don’t want any political discus- forbid, sarin gas is released in the tun- that is protecting the American people sion or political talk. What I need to nels under New York City; if, God for- against big government. know is, will there be some assistance My colleague from Delaware said it bid, any number of other things I could for those of us who have been hit by appropriately. If you take a look at the mention, which I won’t because they disaster? Because I just spent 2 hours will frighten people, happen, I wonder amendments that have been offered at my local bank. The fact is, if there how any Member will explain how we and debated, the amendments, for ex- is not disaster aid made available by justified, in the name of not growing ample, by my colleague, Senator BYRD, the Congress to help those of us who government, reducing the number of are talking about additional invest- got hit by a natural disaster—a what I call domestic defense officials, ments in homeland security. Does any- drought that has been devastating for the number of FBI agents, the law en- one really think it is just building big them—then I am not going to be able forcement agents, the number of people government to care about investments to continue. There will not be any who, in fact, have as their primary rein homeland security? credit for the coming year and I am not sponsibility, the security of our people. Do you know, for example, that there going to be able to continue on my A government’s first and foremost re- are 5.7 million containers that come ranch. sponsibility is security. It is not tax into America’s ports every single year There are thousands, tens of thou- equity, it is security. Security. I am and only 100,000 of them are inspected sands of people all across this country here to say we are skating perilously and 5.6 million containers are not in- in exactly the same situation, won- close to a disaster line here for failing spected? Do you think maybe we ought dering if, during this disaster, this dev- to step up to the plate. to do better than that? Do you think astating drought that has been likened My last comment is I made a speech there is a potential threat by terrorists in some parts of our country to the on September 10 to the National Press dealing with our ports and harbors and Dust Bowl days of the 1930s—a dev- Club making the same argument I am the containers that are coming in from astating drought that is not the fault making now. It was at that time all parts of the world? of farmers and ranchers but that has thought to be somehow a little bit of— If you do, do you really want to stand crippled their ability to make a living, we can’t afford it. The argument I up and say what my colleague is trying devastated their livestock herds and made on September 10 at the National to do is just big government? Or maybe meant that seeds they planted in the Press Club was we were ignoring do- you want to stand up and say this is an spring could not possibly produce the mestic security and international ter- important investment in the security harvest in the fall—wondering whether, ror at our peril and I laid out what we of this country. Maybe you want to as has always been the case, whether were not doing. stop the kind of demagoguery that ex- Congress will do in this disaster what Let me say to you, I will be back on ists around this town at almost every it has done in previous disasters, and the floor again and again because I do turn on almost every subject. that is say to those farm families: We not want my children or my grand- Isn’t there a reason to have a would like to extend a helping hand. children saying to me: Where were you thoughtful debate about what kind of We do that in virtually every other during the war, daddy? Put it another security the American people expect circumstance. When there is a hurri- way: Where were you when we were and deserve, responding to the terrorist cane in one of our southern States, fighting terrorism, or supposed to be threat around the world? I think it when there is a fire or a flood or an fighting terrorism? Why were you cut- ought to be thoughtful rather than earthquake, our country is quick to ting law enforcement, cutting the FBI? thoughtless, and too much of the dia- send teams of people and say: Let us Why were you cutting the very agen- log I find, regrettably, is thoughtless. help you. This is a natural disaster. It cies that were designed to protect our We have heard, of course, the same is not of your making and we under- security, that mom in her living room, dissenting voices. When the proposal stand the need for our country to reach her child in her school, her husband on was to create a Medicare program, the out and extend a hand and say let us the subway? Where were you? dissenting voices were to say: Oh, no, help you.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1221 I have always been pleased to say let with their bankers to determine wheth- stimulating our economy. There is no me be a part of that. I want to help the er they will be able to continue on the more quick way to do that than to in- people who have been hit hard by these farm or ranch. clude in any stimulus package—in this devastating natural disasters. So my I hope this Congress is ready to say, case to include in the omnibus bill—a vote has always been yes. My col- as it did last year in the Senate, that piece of legislation that does what Con- leagues, fortunately, have always said we believe we ought to provide a dis- gress should have done a year ago but the same when it comes to disasters aster package to family farmers who failed to do because the Speaker of the that hit the family farm. The question suffered this drought disaster. House and the President blocked it; is whether we will provide enough help There are many strikes that are that is, pass a decent disaster relief bill to allow them to continue on that fam- against farmers and ranchers—some in the neighborhood of $6 billion on an ily farm or ranch. perpetrated by the Congress and some emergency basis that no longer leaves We are going to offer, tomorrow by others, one of which is trade, for ex- America’s food producers in doubt; morning, I believe—at least it will be ample. I will not spend much time that says to those families who are tomorrow, I hope it will be the first talking about that. But our farmers struggling on the farms that we are amendment up—Senator DASCHLE, my- have been beset these years by low with you, we care about you, but when self, Senator BAUCUS, and others will prices, by bad trade deals, and by a you suffer disaster this country is offer a farm disaster package here on range of disasters—in some cases too going to extend its hand to you. the floor of the Senate and that pack- much moisture, and in other cases too I yield the floor. The PRESIDING OFFICER. Under age will be similar to that which has dry, but the result is the same. In both the previous order, the Senator from been offered in the Senate previously cases, their livestock herds are deci- Rhode Island is recognized. and passed by the Senate previously, mated. They are unable to raise a crop. My hope is that by tomorrow we will Mr. VOINOVICH. Mr. President, I ask $5.9 to $6 billion. It received a very unanimous consent that following the have sufficient numbers in the Senate, wide margin here in the Senate. The remarks Senator REED I be recognized as we have had on previous occasions vote was bipartisan. It was declared for 15 minutes. emergency spending, as has always in the last year and a half, who will Mr. REID. Mr. President, reserving been the case with respect to disaster stand up for family farmers and ranch- the right to object, I have spoken to relief. And it was blocked. It was ers and decide they, too, will support, the floor staff. Following the state- blocked by the House; blocked by the as they have in the past, disaster relief. ment of Senator VOINOVICH, Senator White House. But nonetheless, blocked. My hope is that by this time tomorrow DURBIN wishes to speak on the amend- We passed disaster relief on three oc- we will have had the debate, finished ment that Senator REED is going to casions in the last Congress, only to the debate, and had a favorable vote. offer. see it blocked, and we were unable, Senator DASCHLE and I, and Senator Mr. DURBIN. Mr. President, reserv- then, to get this disaster relief made BAUCUS and others, have spoken on the ing the right to object, it is my under- available to family farmers across the floor previously. standing that Senator REED may speak country. Senator BAUCUS put this in the stim- for 10 minutes. Is that correct? So, we will try again tomorrow, urg- ulus plan last year and Senator Mr. REED. No. ing that the Congress pass disaster re- DASCHLE was in the Chamber leading The PRESIDING OFFICER. The Sen- lief. We could and should be able to do the effort. We have had plenty of de- ator has no limit. that in the Senate. I am reading there bate on it. It ought not be a mystery Mr. DURBIN. All right. I ask unani- are some others with a disaster pro- for any Member in this Senate about mous consent that follow his remarks I posal that is less than half of what what is happening in rural America. No be recognized for brief comments on should be available and also providing one, in my judgment, need ask the the same subject. But I will wait. I that those who had no disaster will get question, including the President of think that is appropriate. payments. Last week’s construct was a the United States—who, incidentally, The PRESIDING OFFICER. Without bit different from this week’s. But went to South Dakota so often last objection, it is so ordered. Mr. VOINOVICH. Mr. President, I what I read is we will still see, under year that he should have rented an have to preside at 4 o’clock. May I ask the proposal offered by the majority, a apartment in South Dakota, and he unanimous consent to be recognized to disaster relief proposal that will spread came to North Dakota. And within the speak at 5 o’clock after I am finished money to those in rural America, not- last couple of years, he has said, oh, by the way, you family farmers, when you presiding? withstanding who might or might not Mr. REID. I think that will be just need me, I will be with you. We needed have been hit with a disaster. fine. We will have no objection. It is our proposition that only those him and he wasn’t with us—last year Mr. REED. I have no objection. I who have need—incidentally, it is a and now this year. We asked this Presi- think I can assure the Senator that I wide group of family farmers and dent to join us. We asked the Speaker will be finished before 4 o’clock. ranchers across this country who have of the House to join us and help us pass Mr. NELSON of Florida. Mr. Presi- been hit by this devastating drought— disaster relief at this point. dent, may I inquire of the assistant it is only those, in my judgment, who That is why beginning tomorrow Democratic leader, when will we get a should receive the benefit of the dis- Senator DASCHLE, myself, and others unanimous consent on the African fam- aster program. will be pushing for an amendment on ine amendment? We passed a new farm program last this omnibus bill. I know there will be Mr. REID. I have spoken to the ma- year that would provide better price those who will come to the floor—and jority. They recognize that the next supports and that would guard against perhaps one of my colleagues who amendment we want to offer is by the falling prices. But this isn’t about price spoke earlier today—and say, well, Senator from Florida. We understand support. This is about disaster. what they are talking about is big gov- that Senator INHOFE will be ready to go In my part of the country, a fair por- ernment. What we are talking about is also. I am sure we will get that consent tion of the crops—particularly in trying to stimulate the economy and as soon as the debate on unemploy- southern North Dakota—never got out help those in the country who need ment insurance is completed. of the ground. In parts of North Dakota some help. One quick way to stimulate The PRESIDING OFFICER. Hearing and in parts of much larger areas of the the economy in rural America is to no objection, the unanimous consent country, if you saw a picture of the help those farmers and ranchers with request of the Senator from Ohio is ground that you would have taken dur- some disaster relief, as we have always agreed to. The Senator will follow the ing what would have been harvesttime, done in the past. That disaster relief Senator from Rhode Island. you would see something that looked finds its way into the mainstream. It The Senator from Rhode Island is very much like a moonscape. The seeds supports jobs and main streets and recognized. were in the ground but the seeds did businesses in all of our communities in AMENDMENT NO. 40 not come up. That farmer and his or rural America. Mr. REED. Mr. President, under the her spouse would have lost everything. It is not just about family farmers. It unanimous consent, I call up amend- Many of them right now are visiting is about the world economy. It is about ment No. 40.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1222 CONGRESSIONAL RECORD — SENATE January 21, 2003 The PRESIDING OFFICER. The of section 203(b) of such Act, as amended by ceiving their benefits. We essentially clerk will report. subsection (a) (commonly known as ‘‘TEUC gave them 13 weeks of extended bene- The legislative clerk read as follows: amounts’’). fits, but in doing so we neglected to (3) APPLICATION TO EXHAUSTEES AND CUR- The Senator from Rhode Island [Mr. REED], provide additional benefits for a mil- RENT BENEFICIARIES.— for himself and Mr. DURBIN, Mr. KENNEDY, (A) EXHAUSTEES.—In the case of any indi- lion Americans who lost their unem- Mr. LEVIN, Ms. CANTWELL, Mr. CORZINE, Mr. vidual— ployment benefits—first, their State JEFFORDS, Mr. BINGAMAN, Mr. BAUCUS, and (i) to whom any temporary extended unem- benefits of 26 weeks, and then their ex- Mrs. CLINTON, proposes an amendment num- ployment compensation was payable for any bered 40. tended Federal unemployment bene- week beginning before the date of enactment fits. Mr. REED. Mr. President, I ask unan- of this Act; and In recent recessions, Congress always imous consent that reading of the (ii) who exhausted such individual’s rights acted to respond to the plight of these amendment be dispensed with. to such compensation (by reason of the pay- The PRESIDING OFFICER. Without ment of all amounts in such individual’s unemployed Americans who are search- objection, it is so ordered. temporary extended unemployment coming for work, trying to maintain their The amendment is as follows: pensation account) before such date, households, and trying to maintain (Purpose: To expand the Temporary Ex- such individual’s eligibility for any addi- their families. In the early 1990s, Con- tended Unemployment Compensation Act tional weeks of temporary extended unem- gress extended benefits five different of 2002) ployment compensation by reason of the times—three of those times during the At the appropriate place in title I of divi- amendments made by subsection (a) shall Presidency of President George Herbert sion G, insert the following: apply with respect to weeks of unemploy- Walker Bush. SEC. ll. ENTITLEMENT TO ADDITIONAL WEEKS ment beginning on or after the date of enact- In contrast to the 1990s, the situation OF TEMPORARY EXTENDED UNEM- ment of this Act. is even greater today. At the end of De- (B) CURRENT BENEFICIARIES.—In the case of PLOYMENT COMPENSATION. cember 2002, an estimated 2.2 million (a) ENTITLEMENT TO ADDITIONAL WEEKS.— any individual— (1) IN GENERAL.—Paragraph (1) of section (i) to whom any temporary extended unem- workers exhausted their Federal bene- 203(b) of the Temporary Extended Unemploy- ployment compensation was payable for any fits; whereas, in the recession of the ment Compensation Act of 2002 (Public Law week beginning before the date of enactment 1990s, approximately 1.4 million Ameri- 107–147; 116 Stat. 28) is amended to read as of this Act; and cans had exhausted those benefits. follows: (ii) as to whom the condition described in Where is this crisis affecting Ameri- ‘‘(1) IN GENERAL.—The amount established subparagraph (A)(ii) does not apply, cans? It is everywhere. It is estimated in an account under subsection (a) shall be such individual shall be eligible for tem- that of these 1 million jobless Ameri- equal to 26 times the individual’s weekly porary extended unemployment compensa- cans, about 56,800 are from Texas; 44,000 benefit amount for the benefit year.’’. tion (in accordance with the provisions of (2) REPEAL OF RESTRICTION ON AUGMENTA- the Temporary Extended Unemployment are from Pennsylvania; 43,500 are from TION DURING TRANSITIONAL PERIOD.—Section Compensation Act of 2002, as amended by Ohio; 37,600 are from North Carolina; 208(b) of the Temporary Extended Unemploy- subsection (a)) with respect to weeks of un- 53,000 are from Illinois; 20,000 are from ment Compensation Act of 2002 (Public Law employment beginning on or after the date Indiana; 27,000 are from Tennessee; 107–147), as amended by Public Law 108–1, is of enactment of this Act. 18,000 are from South Carolina; and amended— (4) REDETERMINATION OF ELIGIBILITY FOR 84,000 are from New York. And the list (A) in paragraph (1)— AUGMENTED AMOUNTS FOR INDIVIDUALS FOR goes on and on. (i) by striking ‘‘paragraphs (2) and (3)’’ and WHOM SUCH A DETERMINATION WAS MADE PRIOR This is not a rollcall to be proud of inserting ‘‘paragraph (2)’’; and TO THE DATE OF ENACTMENT.—Any determina- (ii) by inserting before the period at the tion of whether the individual’s State is in because it represents the fact that the end the following: ‘‘, including such com- an extended benefit period under section economy is not working. These are not pensation by reason of amounts deposited in 203(c) of the Temporary Extended Unemploy- small numbers. We overlooked a lot of such account after such date pursuant to the ment Compensation Act of 2002 (Public Law those Americans when we took partial application of subsection (c) of such sec- 107–147; 116 Stat. 28) made prior to the date of action on January 8. tion’’; enactment of this Act shall be disregarded This is not just about numbers. This (B) by striking paragraph (2); and and the determination under such section is about people. (C) by redesignating paragraph (3) as para- shall be made as follows: graph (2). (A) INDIVIDUALS WHO EXHAUSTED 13 TEUC I think there is an erroneous percep- (3) EXTENSION OF TRANSITION LIMITATION.— AND 13 TEUX–X WEEKS PRIOR TO THE DATE OF tion that somehow these people are not Section 208(b)(2) of the Temporary Extended ENACTMENT.—In the case of an individual looking hard enough for work; that Unemployment Compensation Act of 2002 who, prior to the date of enactment of this they are really the hard-core unem- (Public Law 107–147), as amended by Public Act, received 26 times the individual’s aver- ployed, transient workers; that some- Law 108–1 and as redesignated by paragraph age weekly benefit amount through an ac- how they just don’t deserve our help. (2), is amended by striking ‘‘August 30, 2003’’ count established under section 203 of the Nothing could be further from the and inserting ‘‘December 31, 2003’’. Temporary Extended Unemployment Com- (4) CONFORMING AMENDMENT FOR AUG- pensation Act of 2002 (Public Law 107–147; 116 truth. MENTED BENEFITS.—Section 203(c)(1) of the Stat. 28) (by reason of augmentation under I will share some stories that have Temporary Extended Unemployment Com- subsection (c) of such section), the deter- appeared in the press about people who pensation Act of 2002 (Public Law 107–147; 116 mination shall be made as of the date of the are struggling with this dilemma of un- Stat. 28) is amended by striking ‘‘the amount enactment of this Act. employment. I think you will find originally established in such account (as de- (B) ALL OTHER INDIVIDUALS.—In the case of these people are very similar to people termined under subsection (b)(1))’’ and in- an individual who is not described in sub- in your neighborhoods, in your fami- serting ‘‘7 times the individual’s average paragraph (A), the determination shall be lies. They are Americans who want to weekly benefit amount for the benefit year’’. made at the time that the individual’s ac- (b) EFFECTIVE DATE AND APPLICATION.— count established under such section 203, as work but in this economy cannot find (1) IN GENERAL.—The amendments made by amended by subsection (a), is exhausted. work. subsection (a) shall apply with respect to Mr. REED. Mr. President, today I And there is something else that is weeks of unemployment beginning on or join with Senator DURBIN and several going on here, too. This economic di- after the date of enactment this Act. other of my colleagues in calling for an lemma has some characteristics of a (2) TEUC–X AMOUNTS DEPOSITED IN ACCOUNT cyclical unemployment cycle, but PRIOR TO DATE OF ENACTMENT DEEMED TO BE extension of Federal unemployment THE ADDITIONAL TEUC AMOUNTS PROVIDED BY benefits for the 1 million long-term un- many economists believe there are THIS SECTION.—In applying the amendments employed workers who have exhausted structural issues at work. You see, this made by subsection (a) under the Temporary their benefits and were not aided by is the situation where, for the first Extended Unemployment Compensation Act the legislation that we passed on Janu- time in recent memory, many of these of 2002 (Public Law 107–147; 116 Stat. 26), the ary 8. unemployed Americans are highly Secretary of Labor shall deem any amounts On January 8, we passed a bill that skilled, highly educated, and highly deposited into an individual’s temporary ex- extended benefits to unemployed work- motivated. Yet they cannot find work. tended unemployment compensation account by reason of section 203(c) of such Act (com- ers who were cut off from receiving For example, Laura Carson of Eas- monly known as ‘‘TEUC–X amounts’’) prior their benefits on December 28. With the ton, MA, lost her job in July of 2001. to the date of enactment of this Act to be December 28th deadline, approximately She was a human resources executive. amounts deposited in such account by reason 800,000 workers were cut off from re- She worked for approximately 17 years,

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1223 since she graduated from Suffolk Uni- People don’t get unemployment in- So from the standpoint of economic versity. She has applied for unemploy- surance because they don’t want to policy, that makes sense. Certainly ment insurance. She exhausted her work. It is a fraction of what you make from the standpoint of helping citizens State benefits, and then she exhausted in your salary check each week. The of this country, it makes a great deal her extended benefits. She is still look- average unemployment benefit is about of sense. ing. She tried to get a job this holiday $256. It does not make up for your lost The unemployment insurance trust season in a retail shop, but she could wages. It allows you, as Mr. Strubble fund has a $24 billion surplus. The not find work. She is still looking. Just says, to ‘‘stretch things out a bit’’ funds are there. We should access them to survive, she has gone ahead and refi- until you get on your feet. and allow these individuals additional nanced her house and taken out a home Joyce Smith, 52, of Ardmore, TN, ex- benefits. We have to do more to help equity loan. But that is only putting hausted her $190-a-week benefit in Au- working Americans to make sure they off the inevitable, as bills keep crash- gust. She was a factory worker. As she make it through a very difficult, very ing in upon her. said: challenging economic situation. These are the types of people we are There’s not much out there. They don’t We have done it before, and I hope we trying to help: Susan Brown of want people my age. It’s been a panic and a can do it again. I hope we will do it Chappaqua, NY, lost her job as a con- struggle, and you just go into a depression. again in this bill. This is an issue of sultant 18 months ago. She used to be Gary Hineman of Morgantown, PA, great concern for our economy, but, as a principal in a firm that specialized in an unemployed steelworker who is 48 I have tried to illustrate with these in- Web design. She is one of the victims of years old, has worked his whole life. In dividual stories, this is about our this technological bubble that burst. fact, he fibbed about his age at 16 just neighbors, people we live with back in Her company went belly-up in 2001. to get in the Steelworkers Union. He our home States, the people we rep- This is a woman who has worked for worked all his life, worked hard, and resent, the people who have worked all 18 years since she got out of college. yet he is looking desperately for work. their lives; and all they want is a She worked through high school and He said: chance to keep their heads above water put herself through college. This is ex- until they can find that job, as they actly what we like to reward in Amer- If I could speak to Members of Congress, I would tell them to see how we live and how look for that job day in and day out. ica: hard work, discipline, and dedica- we feel. They want the economy to pick up, I think it is the least we can do for tion. She got remarried over the sum- but there are no jobs to pick it up with. them. I hope we will do it. I am pleased mer and, ironically—but in this mar- That is Mr. Hineman. His wife and proud to be joined by Senator DUR- ket, not surprisingly—her husband lost Michelle works as a grocery clerk. BIN as a cosponsor. I know he will re- his job, also. She has had to dip into They are getting by on her $15-an-hour turn a bit later to make his comments. I hope we can, in fact, take up this her 401(k) plan to make ends meet. She job. amendment, adopt it on a strong bipar- is still looking but still very frustrated Mr. Hineman said: ‘‘That is the only tisan basis, and make sure that all about finding work. She said: thing I’ve got going for me.’’ These are long-term unemployed, not just those There are just no jobs. I can’t even tell you examples. These are the realities. how hard it is. who were satisfied in the last legisla- These are the people we are trying to tion—but all the long-term unem- And prior to her loss of employment, help and we should help: hard-working ployed—get a chance for extended ben- she was making $200,000 a year. This is Americans. Yet we neglected 1 million an example of this new phenomenon efits. of them. I yield the floor. where highly skilled, highly motivated, Now, as the comments of these indi- highly educated people just can’t find The PRESIDING OFFICER. The Sen- viduals suggest, this is a reflection of ator from Ohio. comparable employment in this reces- an economy that is not working. For AMENDMENT NO. 86 sion. the first time in 8 years, family in- Jules Berman of Queens was laid off Mr. VOINOVICH. Mr. President, I comes have fallen; poverty is increas- from his job. He worked for almost 30 rise today in opposition to the pro- ing; families at all income levels are years for a New York candy company. posed amendment to stop the New losing their health insurance; gross do- He filed for unemployment insurance Source Review reforms from moving mestic product is growing, but it is not in December 2001, and he has seen his forward, and in support of Senator growing fast enough to make up the benefits exhausted. He has never been INHOFE’s second-degree amendment. I jobs that are necessary so these people out of work before in his entire work am pleased to have an opportunity to can get back to work. life. speak about this because there is a lot What you are seeing, again, if you do Indeed, the reality for most Ameri- of confusion among our colleagues and the math: after 30 years, seeing middle- cans today is, they live on their pay- throughout the country over what NSR aged men and women, who are losing checks not their portfolios. When the New Source Review—means. The pro- their jobs for the first time in their paycheck stops, they are in very dif- gram is a policy that is in desperate work history, who thought—as we all ficult circumstances. Our proposal is need of reform. Reform is critical to did, our contemporaries—if you worked very simple: Let’s give these individ- public health and the environment, to hard, got a good education, got in with uals some more extended unemploy- our Nation’s economy and energy sup- a good company and strived and strug- ment benefits so they can stretch it ply, and to the safety of our country’s gled each day, you certainly could out a bit longer, find that job, make workforce. work until you retired on your pension decisions that are going to get them The program was created back in and your Social Security. That is not back in the workforce. 1977. It simply requires new facilities the case. And now, at the age of 50, Let me point out that our economy to install the ‘‘best demonstrated tech- with mortgages, with children who are has lost over 2.2 million private payroll nology’’ to control emissions. The pro- going to college, with health care bills jobs since President Bush took office. gram also requires older facilities to and health care concerns, they are The unemployment rate is currently 6 update their equipment to ‘‘state of the looking for a job. percent—nearly 2 percentage points art’’ when they do major modifica- That is the reality, and it is not just higher than when President Bush took tions. I underscore ‘‘major modifica- in the Northeast. Eric Strubble lives in office. Long-term unemployment is tions.’’ Newcastle, CA. He was laid off from very high, and that is the issue we are When the NSR program was created Hewlett-Packard—another example of dealing with in this amendment: giving 26 years ago, Congress believed that in- the huge downturn in technology com- some support to these long-term unem- corporating pollution controls when- panies that has taken place in the last ployed. ever new facilities are built or when few years. He has filled the gap with By the way, I cannot think of a more older ones are significantly modified these unemployment benefits, but, as efficient stimulus program than giving was the most efficient way of control- he said: people looking for work unemployment ling pollution. The EPA issued their Obviously, if we had to live off it, there benefits to tide them over until they first NSR regulation, a 20-page docu- would be no way, but it helps stretch things find work. The money goes directly to ment, in 1980. This implementing regu- out a bit. them and directly into the economy. lation excluded from the definition of

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1224 CONGRESSIONAL RECORD — SENATE January 21, 2003 modification ‘‘routine maintenance, re- oxide, ozone, and sulfur dioxide—have nies either can’t or won’t make the pair and replacement.’’ Since then, the been reduced by 29 percent. This is sig- necessary changes to improve effi- EPA has produced over 4,000 pages of nificant when you consider the fact ciency and the environment. Without guidance documents in an attempt to that over the past 30 years, our popu- NSR reform, multi-emissions legisla- explain and reinterpret the regula- lation has increased by 38 percent, our tion will not work. tions. I say ‘‘attempt’’ because in fact Nation’s energy consumption has in- We need to do everything possible to the guidance documents are very con- creased by 45 percent, the number of encourage new investments in more ef- fusing. miles our vehicles travel each year has ficient equipment that produces fewer It is important for the public and increased by 143 percent, and our gross noxious emissions. That is why Sen- Members of this body to understand domestic product has increased by 160 ator CONRAD and I, along with 24 of our that the lawsuits blossoming all over percent. colleagues, sent a bipartisan letter to the United States for NSR violations While our country has grown, emis- Administrator Whitman in May calling were brought about by an EPA guid- sions have decreased. However, I on her to ‘‘complete the [NSR] review ance document, not new regulations, strongly believe that more can and and to undertake the necessary regu- an EPA guidance document in 1998 should be done. latory process in the near future to which changed the definition of routine I have worked tirelessly over my en- clarify and reform the NSR program.’’ maintenance. This continual reinter- tire career to improve our nation’s and I ask unanimous consent that this pretation has led to confusion, mis- Ohio’s air quality. In the 1970s, as letter be printed in the RECORD. There being no objection, the letter understanding by the EPA, the States, Mayor of Cleveland, I worked on this was ordered to be printed in the and the industries affected by the regu- issue firsthand by operating a 57 mega- RECORD, as follows: watt municipally owned utility. I also lations. U.S. SENATE, This chart, which I have used at spent considerable effort as Governor Washington, DC, May 13, 2002. hearings before the Government Affairs to get 28 of Ohio’s counties into attain- Hon. CHRISTINE WHITMAN, and EPW Committees, shows why comment for ozone. Through my efforts to Administrator, U.S. Environmental Protection panies are reluctant to subject them- institute an automobile emissions test- Agency, Washington, DC. selves to New Source Review permits. ing program and convince one of our DEAR ADMINISTRATOR WHITMAN: The Ad- If you were a company and you were major coal fired facilities to install a ministration’s National Energy Policy included a recommendation that the Environ- going to do routine maintenance and scrubber, all 88 of Ohio’s counties met mental Protection Agency (EPA) conduct a repair, would you ever submit yourself the air quality standard requirements review of the New Source Review (NSR) pro- to this maze? I am sorry it is in such of the Clean Air Act by the time I left gram and make recommendations to im- small print because my colleagues office. prove the program. We are writing to urge can’t see it. But this is the kind of I have continued this work here in you to complete that review and to under- thing they are being required to do if the Senate since 1999. As chairman of take the necessary regulatory process in the they want to go forward with routine the Clean Air Subcommittee, I have near future to clarify and reform the NSR program. We also encourage you to imple- maintenance and repair. been working to further reduce pollu- ment any changes in a way that protects Not only has the situation led to tion from power plants through a human health and the environment while costly litigation, but to a climate of multi-emissions strategy. Last year, providing regulatory certainty for the elec- uncertainty, forcing companies to we worked on this issue in the EPW tric utility industry and other industries forgo needed maintenance and repair Committee. Unfortunately, the major- that must comply with the program while work until the regulatory policies are ity moved ahead on a proposal that providing reliable and affordable electricity clarified. Ironically, this uncertainty would have been unjustifiably dev- to consumers. We have heard of many situations where has led companies to reduce their in- astating to our economy and very cost- confusion over the NSR program is having a vestments in cleaner, less polluting ly for consumers and businesses alike. dampening effect on utilities’ willingness to technologies for fear that the shifting In the 108th Congress, I plan to work perform energy efficiency and environmental regulatory environment would declare to craft a bipartisan multi-emissions improvement projects. The NSR program such improvements a violation. strategy that makes real reductions needs to be clarified to adequately define the While the goal of the Clean Air Act possible right away. I urge my col- concept of ‘‘routine maintenance’’ to avoid has been to make the air cleaner, the leagues to lay politics aside and work the regulatory uncertainty currently facing NSR program has at times worked industry. Such clarification would allow with me to improve public health, pro- companies to repair their facilities and against this goal and wound up having tect our environment, provide better maintain reliable and safe electric service the opposite effect. regulatory certainty, and ensure con- for consumers and workers without being I want to clarify a very important tinued access to safe, reliable, and low- subject to the threat of federal government point often misconstrued by the oppo- cost electricity. lawsuits for allegedly violating vague NSR nents of NSR reform. All major facili- Mr. President, the NSR program requirements. ties are regulated by the Clean Air Act. plays an important role in reducing Again, we urge EPA to expeditiously pro- No plants are exempt from the Act, and ceed with a regulatory process to clarify and power plant emissions. It also—this is reform the NSR program. Thank you for no plants are ‘‘grandfathered.’’ All fa- something that is not well under- your consideration. cilities have permit levels that they stood—applies to every stationary Sincerely, must meet for their emissions. They source in the country. When people Kent Conrad, George V. Voinovich, Mark must abide by ozone and particulate talk about this, they think it is just Dayton, Byron L. Dorgan, Jean Carna- matter standards, what we refer to as utilities that are involved. Rather, we han, Tim Johnson, Zell Miller, Richard maximum achievable control tech- are talking about refineries, chemical Lugar, Chuck Hagel, Arlen Specter, Kit nology standards, the acid rain pro- plants, and manufacturing facilities. Bond, Thad Cochran, Ben Nighthorse gram, the NO SIP Call, the regional Campbell, Evan Bayh, Sam Brownback, X NSR applies to all of them, and all of Jim Bunning, Mary Landrieu, Craig haze program, and a range of other reg- them out there today are uncertain Thomas, John Warner, Pete Domenici, ulatory programs that apply to each about what they should be doing and, Ben Nelson, Larry Craig, Mike Euzi, industry or facility. Furthermore, as a result, are doing nothing. Mike DeWine, Richard Shelby, Mitch states implement source-specific emis- The current confusion over NSR is McConnell. sion limits through state implementa- actually contributing to polluting our Mr. VOINOVICH. Our letter was bi- tion plans that can be set at more air. When NSR is clarified, I am sure partisan, nine Democrats and 17 Repub- stringent emissions levels if the states that many of these companies would licans, all calling for reform. While I deem it necessary. move on with their programs. They am sure all 26 of us would not nec- In fact, as this chart shows, the Clean would reduce emissions, and they essarily agree on exactly what the re- Air Act has been extremely successful would make their facilities more effi- forms should ultimately look like, we in reducing emissions of pollutants. cient. did all agree that we ought to get mov- Since the 1970s, emissions of all cri- It is imperative that the NSR pro- ing with it. We are running out of time. teria pollutants—carbon monoxide, gram be reformed if we are to improve In our letter to Ms. Whitman we also lead, particulate matter, nitrogen air quality because at present compa- stated:

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1225 We have heard of many situations in which energy costs, and those making be- comment on a range of options. This confusion over the NSR program is having a tween $10,000 and $24,000 a year will proposal is at the crux of the issue and dampening effect on utilities’ willingness to spend 13 percent of their income on en- is imperative. I believe this amend- perform energy efficiency and environmental ergy costs. ment would not only delay the current improvement projects. The NSR program not only prevents rule from being implemented, but it Mr. President, I’d like to share just the installation of more efficient and would also effectively delay other very one of the examples that I am aware of. less polluting technologies, but it also important reforms to the program. We For refiners, I am aware of an incident interferes with safety improvements. have to get on with it. in which tubes on a reboiler furnace According to the Boilermakers I join my colleague and friend, Sen- failed, resulting in a fire which dam- Union, ‘‘Maintenance is necessary to ator INHOFE, today in the second-de- aged the remaining tubes. New tubes maintain worker safety. Electric gen- gree amendment he has proposed. This were installed and the unit was back in erating facilities harness tremendous amendment would allow the reforms to production within two weeks. However, forces: superheater tubes exposed to be implemented while requiring the they were in violation of NSR due to flue gases over 2000 degrees; boilers National Academy of Sciences to the ‘‘actual-to-potential’’ emissions under deteriorating conditions; and evaluate its impact. It allows the re- test. If NSR regulations were followed, parts located in or around boilers sub- forms to go forward to stop this state the unit should have undergone the jected to both extreme heat and pres- of limbo that exists. At present, noth- permit process, resulting in the refin- sure.’’ ing is happening. Companies will then ery being out of commission for five to Failure to maintain and repair equip- be able to make efficiency improve- 18 months. I think my colleagues ment creates a potential danger to the ments and reduce their emissions. At should remember that the next time a lives and safety of the men and women the same time, the Academy can study refinery closes and prices spike. who work on these facilities, and they the impact of the reforms as they are Mr. President, the 26 Senators who are not moving forward right now with being implemented. signed this letter are not the only ones many of these repairs. Ending the confusion surrounding who think that NSR has prohibited re- Fortunately, the EPA has responded the NSR reforms will allow companies ductions in emissions. This is really to the bipartisan and strong call for re- to make the investments that are nec- important. In August 2001, the National form of the New Source Review pro- essary to both increase our energy sup- Governors Association passed a unani- gram. On December 31, 2002 the EPA ply and environmental protections. We mous resolution calling for NSR re- published a rule that included five re- can reduce pollution and become more form. Their resolution states ‘‘New forms of the program. Some of my col- energy-efficient. We need to provide Source Review requirements should be leagues might not know that the final both for continued economic develop- reformed to achieve improvements rule was actually proposed by the Clin- ment and protections for public health that enhance the environment and in- ton administration. Let me repeat: and the environment. To meet these crease energy production capacity, These reforms were proposed by the needs, we must move enact substantive while encouraging energy efficiency, Clinton administration. They are bi- NSR reform. fuel diversity, and the use of renewable partisan. I thank the administration for their resources.’’ The reforms are the result of over 10 work in developing this proposal and Furthermore, according to the Na- years of work by the EPA across three moving ahead with the Clinton era re- tional Coal Council study, commis- administrations and have involved over forms. I urge them to continue these sioned by the Clinton administration, 130,000 written comments in the last efforts. Support for these actions is if the EPA were to return to the pre- year alone. The EPA has conducted a strong and broad-based. The confusion 1998 NSR definitions, we could generate detailed environmental analysis of the about NSR regulations is pervasive 40,000 new Megawatts of electricity rule and found that the reforms will throughout our Nation, from the regu- from coal-fired facilities and reduce have a net benefit to the environment, lated community to the regulators. It must be addressed—and soon. pollution at the same time. a net benefit. They are good for the en- Mr. President, I sincerely urge my The current NSR program threatens vironment. Again, I want to stress to our energy supply due to both short- colleagues to support Senator INHOFE’s my colleagues that Senator INHOFE’s second-degree amendment to Senator term and long-term reliability prob- amendment will allow us to move for- lems. According to the Department of EDWARDS’ amendment. The program is ward and help the environment. broken and desperately needs to be re- Energy, electricity demand is projected This morning my colleague from formed. We cannot afford further delay. to grow by 1.8 percent per year through North Carolina proposed an amend- Mr. INHOFE. Will the Senator yield? 2020. At the same time, no new nuclear ment to delay the implementation of Mr. VOINOVICH. Yes. plants have been constructed since the these reforms for 6 months until a Mr. INHOFE. First of all, I thank the 1970s and the number of new coal facili- study is completed to assess their im- Senator from Ohio for the time he has ties has declined significantly since the pact. They have been studied for a long spent in setting out this issue. Not 1980s. Our nation’s use of coal will con- time. On the surface this sounds like a many people are aware of the fact that tinue to increase, resulting in greater good idea. However, if this amendment Senator VOINOVICH was the head of the demand on our aging coal facilities. In passes, we will delay reforms that have National Governors Association Clean order to meet the growing electricity been worked on for over 10 years and Air Committee and has been working demand, more frequent maintenance would make improvements in the envi- on it for a long time. and repair work will be needed to keep ronment and to public health today. I only add to his comments and ask these coal facilities on-line. An EPA analysis already found that him if he is in agreement that we have Another point that needs to be made, the reforms will have a net benefit to 180 pages here, and almost all of this which is often overlooked in this de- the environment. was done during the Clinton adminis- bate, is that the costs of NSR are Furthermore, Mr. President, con- tration. All the data that would be passed on to the ratepayers. Somehow trary to an argument put forth by crit- available for the NAS is found in the people forget that the customer always ics of NSR reform, EPA has stated pub- results that are very positive in this pays. Too often, the environment and licly that it deliberately wrote the rule report. So I certainly hope this is an the ratepayer get lost in the constant so that current lawsuits would not be accommodating way for the Senator duel between extremist environmental affected by the proposed NSR reforms. from North Carolina to say, yes, we groups and recalcitrant companies. It is my belief that if this amend- want the input of the NAS; we don’t Higher energy prices will have a ment passes, it will also seriously harm want to wait 6 more months. more profound effect on low-income the prospects of future reforms to the Mr. VOINOVICH. Again, I thank the families and the elderly. The Depart- NSR program. For example, EPA has Senator. I emphasize that 130,000 comment of Energy, as this chart shows, proposed a rule to provide a new defini- ments were made last year regarding claims that those individuals or fami- tion for ‘‘routine maintenance, repair, those regulations that have been issued lies making less than $10,000 per year and replacement.’’ The EPA did not by the EPA. So it has been really vet- will spend 29 percent of their income on offer specifics but asked for public ted. People have had an opportunity to

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1226 CONGRESSIONAL RECORD — SENATE January 21, 2003 participate in this. I support the Sen- made in the Clinton administration. really started in the first few months ator’s suggestion that rather than ask This simply isn’t true. Here is what of President George W. Bush’s adminis- for a study by the Academy, we delay Carol Browner has said: tration. Let me for a moment push that and let the rules be issued, and Some have suggested that the administra- that aside and suggest that the fami- then let the Academy look at it. That tion’s announced changes are changes the lies who lost their jobs do not care. is a much sounder, more commonsense Clinton administration supported. Nothing They are not interested in when this approach to dealing with this problem. could be further from the truth. Funda- started. They want to know when it is Mr. REID. Will the Senator yield for mental to everything we did was a commit- going to end so that if they lost a job ment to ongoing air quality improvements. a question? and are falling behind, they have a Mr. VOINOVICH. I am more than There is no guarantee, and more importantly, no evidence or disclosure dem- chance to get back into the workforce. happy to yield. onstrating that the administration’s an- These are not people who can be Mr. REID. Mr. President, would it nounced final or proposed changes will make characterized as lazy in any way. They not be better, rather than having the the air cleaner. In fact, they will allow the have worked, and worked hard, for a rule going into effect and having all air to become dirtier. long time, but contractions in the the people, from our perspective, start Mr. VOINOVICH. Mr. President, we American economy because of this re- polluting while the study is taking had a hearing in the EPW committee cession have killed jobs all across place, to find out which side is right? last year on the rules before they were America. During the 8 years of the We are saying to have the NAS study publicized, and they were savaged be- Clinton administration, we created 22 the issue, hold this off for 6 months, cause many people believed the million new jobs. During the first 2 and then there should be a determina- issuance would interfere with current years of this administration, we have tion made as to whether the rule as lawsuits. The EPA claims that the re- lost 2 million jobs nationally, and we proposed by the administration affects forms do not interfere with pending are losing over 100,000 a month. As a re- people. lawsuits for violations under the guid- sult, many people are hard pressed to I don’t see—and I ask my friend from ance that was issued back in 1998. keep up with their obligations to their Ohio, the distinguished junior Sen- The PRESIDING OFFICER. The time family. ator—what harm can be done in hold- of the Senator has expired. The December 2002 unemployment ing off for 6 months this rule going into The Senator from Illinois is recog- rate of 6 percent is the highest rate in effect when, if we don’t hold off, our nized. over 8 years. According to a Congres- reasoning would be, as indicated in the AMENDMENT NO. 40 sional Budget Office economic forecast, study I talked about earlier today, Mr. DURBIN. Mr. President, I came the unemployment rate is expected to where just 2 months—2 plans would put to the floor to speak on the Reed-Dur- remain at that level at least until the into the environment 120 tons of bad bin amendment regarding unemploy- second half of this year, 2003. things every year. ment insurance. If another Senator has Over 1.85 million workers have been Would it not be better to wait and been waiting to speak, I will be glad to looking for work for at least 6 months. see what the study of the National wait. If not, I will proceed. As of January this year, more than 1 Academy of Sciences comes up with be- Mr. President, I rise in support of the million workers exhausted the 13-week fore the rule went into effect? amendment which has been introduced Mr. VOINOVICH. Mr. President, I say temporary benefits extension enacted to the Senator from Nevada that the by JACK REED of Rhode Island and my- in March 2002 and remain unemployed. previous administration had been self. About 20 years ago, when I first Employment has declined by 1.7 mil- working on these rules. They started ran for Congress, I waited each month lion jobs since January of 2001. The de- out during the Clinton administration. for an economic indicator which really cline is slightly worse than the average The Bush administration began look- led the debate about the state of Amer- fall-off after the last six recessions. ing at the recommendations from the ica’s economy. That economic indi- While the unemployment rate remains previous administration. They sub- cator every single month was the un- far lower than at the end of the reces- jected them to review by many organi- employment rate. If the unemployment sions in the 1980s and 1990s, it has still zations. By the way, these rules do not rate in America was high, or going up, risen significantly from its 30-year low apply to utility companies. They have that really consumed all of the polit- of 3.9 percent in 2000, not that long ago. only proposed a rule in this regard. ical attention of candidates and Mem- The reason I raise that point and the What I am saying to Senator REID and bers of Congress. That was considered reason Senator REED and I come to the others is that because the regulations to be the yardstick or barometer of floor to offer this amendment is to sug- have not been reformed, companies for how healthy America’s economy is. In gest that hundreds of thousands, per- several years have done nothing to the span of time I have served in Con- haps 1 million, unemployed workers in move forward with installing controls gress, that yardstick and barometer this country are facing extraordinarily that would reduce emissions or make has changed. dangerous and difficult times. These their facilities more efficient. I think We now focus more on the situation are people who are caught up in the we have delayed long enough. It has of the Dow Jones Index and Standard & vortex of this recession and cannot get been vetted. Poor’s. We look daily, almost on a out. They cannot find work. They drew If someone believes yet another re- minute-by-minute basis, to the report unemployment for a short period, and view is necessary, it should be done of the Dow Jones Index as an indicator it has been exhausted. They used it all after the reforms are implemented. of our economic well-being. But I think up. Now where are they? They are Any additional review should be done in so doing, we have overlooked some- stuck in a position where they have to after implementation so that we are thing we have done for a long time. If try to meet their monthly bills and dealing with reality and not specula- the economy is not strong, people do have no unemployment compensation, tion. This is very important. I think it not go to work. If they do not go to no prospects for employment, and the is time for us to go forward with the work, they get desperate to keep their recession seems to be going on intermi- reforms to allow facilities to do their families together, to pay for the basics, nably. routine maintenance and repair work. to make sure their kids have the neces- I asked business leaders of major cor- This will make their facilities more ef- sities of life, and they struggle to hope porations from my State to give me ficient, reduce their emissions and, in that the economy returns to strength their best guess of when this recession some cases, produce more energy. and they can return to employment, would end. Frankly, they told me—and Mr. REID. Mr. President, I will re- and soon. it was depressing to hear—it might be spond simply to my friend that the en- There is a lot of talk in this Chamber 2 years. I hope they are wrong. I hope vironmental community has a different about who is responsible for this reces- it ends tomorrow. I hope we see better view. They believe this radical rule sion. That is a common topic in poli- signs of encouragement. The fact is, it change would simply allow pollution to tics. We politicians spend a lot of time has not happened. take place that is not allowed now. pointing fingers, saying: This recession What have we done in the past when We hear that the rules the adminis- really started the last few months of we have dealt with recessions not even tration has made are the same as rules the Clinton administration; no, no, it as bad as this one? We said time and

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1227 again if the recession continues indefi- Senate to do today on this appropria- to the 1990–1991 recession a couple of nitely, we have to step in. We cannot tions bill is to think about those we three times and alluded to: We did it abandon these Americans who are vic- have left behind. I do not believe it is then. Why do we not do it now? tims of this economy. Let us give them fair to characterize the people who are Is the Senator aware of the fact that a helping hand. Let us do something victims of this recession as anything the unemployment rate was 7 percent for their families. Let us make certain less than hard-working Americans or more, compared to the current level they do not lose their homes to mort- caught behind the curve of this econ- of 6 percent, when we passed the Fed- gage foreclosures. This is not a Demo- omy. I do not care whose responsibility eral unemployment extension in 1990– cratic response or a Republican re- this recession is for this moment. We 1991? sponse, it has been our American re- can argue about that for a long time, Mr. DURBIN. I say to the Senator sponse year in and year out. but I do feel a responsibility to these from Oklahoma, I am aware of that Let me give an example. During the workers and their families. fact, but I hope he is also aware of the recession of the early 1990s which, in In my State, the unemployment rate fact that the recession we are cur- many respects, was not as bad as this in November of last year was 6.7 per- rently in also has some economic indi- one, Congress extended temporary un- cent. This is a 13.6-percent increase cators that are even more troubling employment benefits five times. Dur- from November of the previous year than what we faced in the early 1990s. ing this recession, we have extended when our rate was 5.9 percent. Our un- I say to the Senator in good faith benefits only twice. Of the five times employment rate in Illinois sadly is that I sincerely hope this recession Congress extended benefits in the early tied for third highest in the Nation. ends tomorrow. I do not care what the 1990s, three were under President Alaska and Oregon are higher. We are political consequences are for Demo- Bush’s father in the recession he faced, tied with the State of Mississippi. If crats or Republicans, but I hope the and two were under President Clinton one measures the impact of a recession Senator from Oklahoma will concede when he took office, and the recession by the percent change in unemploy- the recession we are in today is unlike had continued. ment rates, this recession has hit my those we have had before. There is high This is not a partisan response we are State twice as hard as the recession of unemployment. Maybe we have not suggesting today. It is unfortunate the early 1990s, and as of January 1, reached record levels, but there seems only two Democratic Senators would 2003, over 53,000 Illinois workers ex- to be a resistance to getting this economy started again. I think that is why offer this. This should have been a bi- hausted the 13-week temporary bene- we are debating a stimulus and growth partisan offering. fits extension enacted in March 2002 During the recession of the early package. and remain unemployed. Each week, I hope the Senator will concede that, 1990s, Congress established the Emer- 4,000 Illinois workers will exhaust their gency Unemployment Compensation though the numbers may not be ex- regular State unemployment benefits. actly as bad, the depths of this reces- Program which was in place for 30 The President, in his radio address a sion and the impacts of the current re- months, from November 1991 to April few weeks ago, said as follows: 1994. During this recession, we estab- cession are really unique and we should We will not rest until every person in respond to them at least in the way we lished the Temporary Extended Unem- America who wants to work can find a job. did before. ployment Compensation Program Thank goodness. That is a pledge I yield the floor. which is scheduled to expire at the end every President should make. On De- The PRESIDING OFFICER (Mr. of May 2003 and, therefore, would have cember 28, in another weekly radio ad- VOINOVICH). The Senator from Okla- only been in place for less than 15 dress, the President said, and this is homa. months. Here we are with a recession right after Christmas and we knew un- Mr. NICKLES. Mr. President, I wish that is worse and a response that does employment benefits were expiring: to speak on this issue, but my col- not measure up to half of what we did One of my first priorities for the new Con- league, the chairman of the Finance during the last major recession we gress will be an extension of unemployment Committee, was in the Chamber prior faced. benefits for Americans who need them. to my arrival so I will speak after his We passed an extension of unemploy- The President responded and Con- comments. ment compensation benefits recently gress answered with an extension of I yield the floor. which will provide temporary benefits unemployment benefits that took us The PRESIDING OFFICER. The Sen- to some workers. This amendment close to meeting that pledge, but not ator from Iowa. which Senator REED and I proposed close enough for 1 million Americans Mr. GRASSLEY. Mr. President, first, will provide assistance for an addi- who were left behind. The extension of I think all 100 Senators would agree, tional 53,000 workers in my State and 1 unemployment benefits that the Presi- both from the standpoint of our needs million workers nationwide. It will dent proposed and signed excluded 1 for the future as well as what we have provide 13 weeks of additional benefits. million American workers who have done in the past, that we all recognize Workers in high unemployment States been unemployed for over 9 months and the legitimacy of the Federal Govern- who already receive 26 weeks of bene- have exhausted all their temporary ment stepping in to compensate with fits will receive an additional 7 weeks Federal benefits without finding a new Federal unemployment help when of benefits. Thus, the greatest number job. State programs have run out. There is of weeks a worker can receive is 59 I have argued in this Chamber today no dispute about that. weeks, the same as under the extension that this is a question of fairness and There is a dispute over when and how enacted under President Bush’s father. compassion. Let me add parentheti- much, and the plan we are being of- The CBO cost estimate, $6.5 billion, is cally that it is also a stimulus to the fered now would be a plan that has substantial but still represents only economy. The money given to unem- been put in place at other times but slightly more than a third of the bal- ployed workers is spent almost imme- under much higher rates of unemploy- ance in the unemployment insurance diately to meet the needs of their fam- ment. trust fund, after accounting for the ex- ily. It is not salted away, invested, or I hope we do not have higher rates of tension enacted earlier this month. I saved. It is spent for goods and services unemployment, but sometime down the think the 5-month extension we en- creating economic activity and jobs in road we will, hopefully not now during acted was something that was good and a time when this economy dearly needs this period of time, and it seems to me it helped a lot of workers, but we can- that to happen. we ought to keep reserve to do what we not leave out the 1 million Americans I hope my colleagues will reconsider have other times in the past when we who will not be helped by this action this issue and join Senator REED and have had higher rates of unemploy- taken just a few weeks ago. One mil- myself in enacting this amendment. ment than we have right now, as op- lion Americans have exhausted their Mr. NICKLES. Will the Senator posed to triggering in programs that do unemployment benefits and are stuck yield? much more for the unemployed than in a situation—without a job in a re- Mr. DURBIN. I am happy to yield. we normally do at 6-percent unemploy- cession—to which, frankly, we do not Mr. NICKLES. I will ask a quick ment, let’s say, as opposed to 7-percent see an end. What we are asking the question. I know my colleague referred unemployment.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1228 CONGRESSIONAL RECORD — SENATE January 21, 2003 If we were to go the route that is Last year, this temporary program priate jurisdiction, not be offered on being proposed, then we would be doing was estimated to cost $11 billion. We the floor of the Senate to an appropria- more than we normally do at this rate are still responding, as we should in a tions bill. I am speaking because that of unemployment we have now. Surely, bipartisan way, to this unemployment appropriate committee is the Senate the people who are proposing what statistic still being relatively high but Finance Committee. We have jurisdic- they are proposing today, as all of us not as high as it has historically been. tion over unemployment compensa- would probably do if there is a higher Earlier this month, in addition to what tion. A departure in Federal responsi- rate of unemployment, would expect we did last March, Congress voted to bility is very important to consider as the Congress to respond to that. It is extend these Federal benefits through a committee—its impact, its costs. not a question of should we respond; it May of 2003. This extension is esti- More important, if we are going to is a question of a measured response mated to cost $7 billion more. That have this sort of an impact that is so and when it triggers in. happens to be a total of $18 billion in different from what States have his- I am not condemning people who say federally funded unemployment bene- torically had, it ought to be considered we ought to do more today beyond fits. According to some of my Demo- by the committee of appropriate juris- what States do, but they are respond- cratic colleagues, that still seems not diction. We are dealing with something ing in a way that we would normally to be enough. that is other than just simple exten- respond when the unemployment situa- Through this amendment, I think sion of unemployment compensation. tion would be much more negative they are trying to spend an additional Now, we may need to revisit this than it is right now. $6 billion. The amendment they offered issue later this year, depending upon I think it is wrong for my colleagues today would change the current law to how the economy performs. But when to speak about this recession being dif- provide 26 weeks of federally funded we do that, we need to do it in a way ferent than other recessions, for two benefits in every State, and 33 weeks in that we take into full consideration reasons. No. 1, the definition of a reces- high unemployment States. The last that this amendment represents an un- sion is two quarters of negative time Congress provided 33 weeks of precedented and, at least at this point growth. We had three quarters of nega- benefits, the unemployment rate was with 6 percent unemployment com- 1 tive growth but that negative growth well over 7 percent. That is why I made pared to more than 7 ⁄2percent unem- ended September 30, 2001. So we have the point. If we do this, what are we ployment when it has been used in the had five quarters now of growth, about going to do if unemployment gets up to past, an unjustified expansion of the unemployment program. 21⁄2 percent average. 7 percent, which I do not think any- I urge my colleagues not to vote for Economists are predicting the quar- body expects it to but suppose it did? ter we are in now for 2003 would be this amendment. I yield the floor. The current unemployment rate is 6 The PRESIDING OFFICER. The Sen- about 3-percent growth, so I do not percent. ator from Oklahoma. think it is fair to say we are in reces- Now there is something even more Mr. NICKLES. Mr. President, I com- sion unless we have a Senator who is troubling. What I have said until now pliment my friend and colleague, the making his own definition of a reces- has been done by Congress in the past chairman of the Finance Committee, sion—and he has that right—but I during certain times of high unemploy- for his statement. I hope my colleagues think we should be comparing apples ment. More disturbing to me, this pay attention to it, especially the last with apples and not apples with or- amendment changes current law to part. The chairman of the Finance anges. provide a uniform duration of benefits. Committee said this has not gone The second point I make is even if we Most States vary the duration of bene- through the Finance Committee, and were just coming out of a recession in- fits based on the worker’s actual em- pointed out several things that sound- stead of being five quarters out of a re- ployment history. Variable duration ed like this is about what we did in the cession—an official recession as defined recognizes the insurance principles in- 1990s, but it is not. It is expensive. This by economists—I think we all need to herent in unemployment compensation is a different proposal than what we remember that historically unemploy- by providing a shorter duration for have seen. ment as a statistic is a lagging indi- workers who had a limited amount of We actually had a similar type of cator. So one would expect other indi- work prior to qualifying for the bene- proposal that was debated last year, to cators of an improving economy to im- fits. These workers have paid less un- which I objected, I believe the Senator prove before the unemployment figure employment taxes and they have less from Iowa objected, and maybe the improved. Consequently, this has to be attachment to the workforce. Senator from New Hampshire objected, taken into consideration as help is Congress has never provided extended that was a doubling of the Federal pro- given to unemployed people. benefits without regard to the duration gram from 13 to 26 weeks. This is a dif- It is quite obvious that a number of of State benefits. That is a very dra- ferent iteration of that. It is different— my Democratic colleagues seem to matic departure that this amendment in some cases maybe better, in some think we can never spend enough on holds for the future. A uniform dura- cases maybe worse. The one we ob- unemployment. So I want to review tion means some workers will be able jected to last year was a $17 or $18 bil- where we are so the record is straight. to collect more Federal benefits than lion program. The proposal now, we un- Under the regular State unemploy- they would State benefits. Moreover, a derstand from the authors—I have not ment program, workers are entitled to uniform duration means some workers seen this from the Congressional Budg- as much as 26 weeks of unemployment will actually be able to collect benefits et Office, but I respect them and I as- benefits. Under the temporary feder- for a longer period of time than they sume it is correct—says it costs $6.5 ally funded unemployment program en- actually worked. billion. Last week, we passed a bill acted last March, those who exhaust Current law requires a minimum of that cost $7.2 billion. So this is $6 bil- their regular State benefits can receive 20 weeks of work to qualify for Federal lion on top of that. up to 13 weeks of additional Federal benefit. Yet this amendment provides The Senator from Iowa mentioned benefits. In addition, workers in high up to 33 weeks of benefits. These 33 that this says there would be a manda- unemployment States can receive yet weeks of Federal benefits could be paid tory 26-week Federal unemployment another additional 13 weeks. That is a in addition to as much as 39 weeks of compensation program. Present law we maximum of 26 weeks of Federal bene- State benefits. That happens to be a passed last week is an extension of up fits. total of 72 weeks of benefits for some- to 13 weeks for all States. There is a So to some, it works out this way: one who maybe only worked 20 weeks. big difference in legislative language Workers in every State can collect up This amendment represents the single when you say ‘‘up to’’ rather than man- to 39 weeks of benefits, 26 of those largest expansion of Federal unemploy- dating 26 weeks. One, you are doubling being State and 13 Federal. Workers in ment benefits in the entire history. the program, and you also do not keep higher unemployment States can col- That brings me to an issue of how, if it connected to the State program. lect up to a whole year of unemploy- this were a legitimate approach to un- Some States have different durations. ment benefits, which means 26 weeks employment compensation, this ought We have always been tied to the State State, 26 weeks Federal. to be handled by committees of appro- program.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1229 I keep hearing about what we did in son only has to work 20 weeks and they The PRESIDING OFFICER. Is there 1990; we want to duplicate what we did can receive as much as 52 weeks in un- objection? Without objection, it is so in 1990. The chairman of the Finance employment compensation. That is not ordered. Committee alluded to the fact that the a bad deal, especially when you con- Mr. REID. Mr. President, I ask unan- 1990 unemployment rate was much sider 72 percent of workers in a house- imous consent that the leaders set a higher. It was 7 percent, 7.4 percent, 7.8 hold who are eligible to receive these time for the budget waiver I am going percent. The unemployment rate today benefits have another family member to be suggesting in just a second. That nationwide is 6 percent. We have a lot who is employed. is part of the unanimous consent re- of States that are substantially lower. Think of that: 52 weeks of paid unem- quest. We have 24 States that have unemploy- ployment compensation while in a Therefore, on behalf of Senator REED ment rates at or below 5 percent this household where, in 72 percent of those of Rhode Island, I move to waive the year—now. We have nine States that households, there is an employed fam- Budget Act under the requisite rules of have unemployment levels between 2.7 ily member. the Senate. and 4 percent. I remember in my pri- This is a crummy way to legislate. It Mr. NICKLES. Reserving the right to vate sector days, if you had unemploy- doesn’t belong on this appropriations object, and I shall object, because I ment at about 4 percent, you might not bill. We need to finish this appropria- think somebody in our conference said be able to hire somebody. tions process. We have 11 bills that they would wish to consult with me so, So there will always be some who are were not finished last year. We have al- temporarily, I object. unemployed because people are chang- ready finished one-quarter of this Mr. REID. Mr. President, we have ing jobs, they just graduated, they just present fiscal year and we haven’t some business here to conduct. Mr. NICKLES. Will the Senator moved and are temporarily unem- passed these bills and we need to com- yield? I have a unanimous consent re- ployed. There is always a segment of plete them. If colleagues want to do a quest I would like to enter before the 5 the population temporarily unem- change on unemployment compensa- o’clock vote. ployed. Almost half of our States have tion, they should introduce a bill, have unemployment rates of 5 percent or it referred to an appropriate com- ORDER OF PROCEDURE less. mittee, and ask the chairman for a Mr. President, I ask unanimous consent when the Senate considers S. 121, I mentioned there is a big difference hearing, ask the chairman for a mark- the AMBER Alert bill, Senator HATCH from the language we passed in 1990. In up. That is the way business is sup- be granted 5 minutes to speak. There- 1990, we did do 26 weeks, but up to 26 posed to be done in the Senate. It is fore, debate on the bill would com- weeks. We also had unemployment not to try to rewrite entitlement pro- rates that were over a full point high- mence at 5 p.m. grams. If you can do unemployment The PRESIDING OFFICER. Is there er. compensation, you can do Medicare, Also, sometimes we want to ask: objection? you can do Social Security, you can do Mr. REID. No objection. Mr. Presi- when are we going to pay attention to any other bill, but that is not following the committees of jurisdiction? We are dent, I ask the record reflect I do not the procedure. waive any of my rights under the mo- on an appropriations bill, yet we have Senator STEVENS has great expertise, an amendment that expands entitle- tion that the Senator from Oklahoma but I doubt that controlling or man- offered, and I would renew my motion ments. Even though we extended cur- aging unemployment compensation is to waive at a subsequent time. rent law last week, agreeing to spend his area of expertise. That is not what The PRESIDING OFFICER. Without an additional $7 billion plus, colleagues his committee does. That belongs prop- objection, the request of the Senator say: Wait a minute, let’s add another erly in the Finance Committee. We from Oklahoma is agreed to. $6.5 billion on top of that. We will just need to start respecting committees’ Mr. NICKLES. I thank my colleague. do an amendment that should come out jurisdictions and we have not been Mr. REID. I also made a request. I of the Finance Committee right now. doing it. say to my friend from Oklahoma, I This is the first time that people will I urge my colleagues, let’s not be want to make sure the record is reflec- have seen it, and it’s different than the playing games. Let’s not be trying to tive that I do not waive any of my proposals we have seen in the past, and pass something they know won’t pass rights on the motion to waive the we will see if we cannot pass it. and they know it will not come out of Budget Act. It does not belong here. Obviously, conference even if they are successful. Mr. President, while I still have the my colleagues know the budget point I don’t believe they will be successful. floor, we have a few minutes until 5 of order lies against this amendment. They should not be successful. o’clock when debate on the AMBER This proposal has not been introduced Mr. President, the pending amend- Alert matter takes place. We have two as a bill and a committee hearing has ment offered by the Senator from matters. We have the Senator from not been held, that I know of. Maybe Rhode Island, Mr. REED, increases man- West Virginia to be heard—I did see different bills have been introduced. If datory spend and, if adopted, it would him here. He wanted to speak on the it is the bill Senator CLINTON was talk- cause an increase in the deficit. There- Ridge nomination, which is going to ing about introducing, this is not the fore I raise a point of order against the come up. He wanted to get that debate same bill. There is a reason we should amendment pursuant to section 207 of out of the way. follow regular order. There is a reason H. Con. Res. 68, the concurrent resolu- We also have Senator NELSON here, we should use the committee of juris- tion on the budget for fiscal year 2000, who has been patiently waiting, who diction. There is a reason we should as amended by S. Res. 304. wishes to offer an amendment on his have bipartisan cooperation on bills The PRESIDING OFFICER. The Sen- behalf and that of Senator INHOFE. We such as this. I am disappointed we are ator from Nevada. would need consent to set aside the not. Mr. REID. Mr. President, I suggest pending amendment to allow him to do In this current recession, we have the absence of a quorum. that. spent up to $26.25 billion since March of The PRESIDING OFFICER. The I ask unanimous consent the pending 2001 to help the unemployed. That is al- clerk will call the roll. amendment be set aside for the Sen- most what we spent in the 1990s. People The assistant legislative clerk pro- ator from Florida to offer his amend- say: Well, you are not helping; you do ceeded to call the roll. ment. He said he would need 25 or 30 not care about the people. That is hog- Mr. REID. Mr. President, I ask unan- minutes to speak, but he said that he wash. The proposal introduced today imous consent the order for the could do that this afternoon in 10 min- by Senator REED and Senator DURBIN is quorum call be rescinded. utes. not targeted. Twenty-four States have Mr. NICKLES. I object. The PRESIDING OFFICER. Is there unemployment of 5 percent or less, but The PRESIDING OFFICER. Objec- objection? Without objection, it is so they will get the same benefits as ev- tion is heard. ordered. eryone else, except the highest unem- The assistant legislative clerk re- The Senator from Florida. ployment states get an extra 7 weeks. sumed the call of the roll. AMENDMENT NO. 97 Then we have the dilemma of, right Mr. REID. Mr. President, I renew my (Purpose: To make additional appropria- now, the present requirement is a per- request to vitiate the quorum call. tions for emergency relief activities)

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1230 CONGRESSIONAL RECORD — SENATE January 21, 2003 Mr. NELSON of Florida. I call up TRIP REPORT: ETHIOPIA AND ERITREA— the Western media, let alone any in depth re- amendment No. 97 and ask for its im- DECEMBER 29, 2002–JANUARY 4, 2003 ports. Without graphic photographs and mediate consideration. Babies wailing and screeching, desperately video-tape, foreign governments will not feel The PRESIDING OFFICER. The trying to get nourishment from their moth- the pressure to act. The situation in Ethiopia is dire and many clerk will report. ers’ breasts. Two- and three-year-olds so severely mal- believe if immediate action is not taken to The assistant legislative clerk read address the looming crisis, the number of as follows: nourished that they cannot stand, much less crawl or walk, their pencil-thin legs so frail people who could die from starvation could The Senator from Florida (Mr. NELSON), that they could be snapped like a twig with surpass those who perished during the 1984– for himself, Mr. DASCHLE, Mr. LEAHY, and little or no effort. 1985 drought. In 1984, 8 million were in need Mr. DURBIN, proposes an amendment num- Young boys and girls with bloated bellies. of food aid. Today, more than 11 million peo- bered 97. A teenager whose legs are no thicker than ple—just slightly less than the combined Mr. NELSON of Florida. I ask unani- my wrist. population of Maryland and Virginia—are mous consent the reading of the Drinking water almost non-existent—a presently at risk and that number is growing amendment be dispensed with. four-hour walk each way just to find some. every day. The PRESIDING OFFICER. Without Fields scorched. Crops failed. Last year’s crops produced little or noth- River beds dry as a bone. Hand-dug col- ing, even in parts of the country that nor- objection, it is so ordered. mally provide surpluses of food. The demand The amendment is as follows: lecting ponds for rain so sun-baked that the earth has cracked. for international food aid is tremendous. I At the appropriate place, insert the fol- Disease. Despair. was told there is enough food in the country lowing: These are some of the horrific sites I wit- to meet January’s needs and part of Feb- SEC.ll. In addition to amounts appro- nessed last week in Ethiopia, which once ruary’s, although at reduced levels. Incred- priated by this Act under the heading ‘‘Pub- again is facing a famine of catastrophic pro- ibly, there is nothing in the pipeline to deal lic Law 480 Title II Grants’’, there is appro- with March, April, May, or the rest of the priated, out of funds in the Treasury not oth- portions. I spent a week in Ethiopia in 1984—when year. Even if ships leaded with grain were to erwise appropriated, $600,000,000 for assist- nearly one million people died of starva- leave today, many would not make it in time ance for emergency relief activities: Pro- to avert disaster. vided, That the amount appropriated under tion—including two nights in a feeding camp. The squalid conditions of the camps Villagers are living on about 900 calories a this section shall remain available through day. The average American lives on 2,200 to September 30, 2004: Provided further, That the and the suffering faces of the children, mothers and elderly were haunting and unforget- 2,400 calories a day. entire amount appropriated under this sec- An elderly woman at a feeding station in table. What I saw—and experienced—changed tion is designated by the Congress as an the northern part of the country showed me me forever. I never thought I would see emergency requirement pursuant to section her monthly allotment of wheat: it would something like that again. I have. Last 251(b)(2)(A) of the Balanced Budget and have fit into a bowling ball bag. Emergency Deficit Control Act of 1985. week. A man working under the hot African sun By Easter, thousands of Ethiopians could with fellow villagers to dig a massive rain Mr. NELSON of Florida. Mr. Presi- be dead from starvation. Children living in collecting pond—each carrying 50-pound bags dent, I rise to address a humanitarian villages just 90 miles from the capital city, of dirt up from the bottom of the pit—told crisis in the world that has not been Addis Ababa, which is easily accessible by me he had not had a drink of water all day getting the attention its magnitude truck, are already near death. Conditions in and didn’t know if he would eat that night. warrants. The world has focused on the villages in more remote areas of the country It would depend on whether his children had are significantly worse. buildup of forces in the Persian Gulf re- food. gion for a possible war. We focused on DIRE SITUATION NO WATER a very dangerous situation in North While the government of Ethiopia is out in Water—for drinking and bathing—is al- Korea, which threatens the U.S. inter- front of trying to draw attention to the cri- most non-existent, and what is available, is ests and Asian security. We have a lit- sis—unlike in 1984 when the Mengistu gov- putrid. There is no medicine—and even if any of problems plaguing the Western ernment tried to keep the famine secret there was something as simple as an aspirin Hemisphere as well, relating to nar- until a BBC camera crew broke the story— there is no water with which to wash it cotics trafficking, civil war, and abject what makes this year’s crisis more horrific down. Disease is rampant. is that the population of Ethiopia has in- During my trip I visited villages in both poverty. creased from 45 million in 1984 to 69 million But today I call to the Senate’s at- the north and south of the country. I went to today. In addition, HIV/AIDS is spreading a food distribution center and a health clin- tention, sub-Saharan Africa and the 1 throughout the country and Ethiopia’s 2 ⁄2- ic. I talked with farmers who had already starvation that is occurring in east Af- year border was with neighboring Eritrea begun to sell off their livestock and mothers rica, in west Africa, central Africa and has drained precious resources and led to who did not know where or when their chil- in the southern part of Africa. The thousands of displaced people and families, dren would get their next meal. I met with droughts in these areas have caused a particularly in remote areas of the country. U.S. State Department officials and NGOs. I massive food shortage which will wors- With each crisis—drought, war, disease— also met with Prime Minister Meles and a en over the next few months and more families become destitute and com- number of relief officials in his government. pletely dependent on others for their welfare The government’s decision not to establish threatens the lives of millions of Afri- and survival. The repeated droughts have cans. It is our responsibility, as a na- feeding camps is a wise one. The camps only made more people vulnerable to hunger and exacerbate the crisis because they allow dis- tion of bounty, to demonstrate to the hunger-related diseases, sharply increasing eases to spread much more quickly and take world that the United States lives up the danger of outright starvation among people away from their homes and albeit to its commitments and obligations to groups that may have been able to survive limited support systems. In 1984, many fami- those in need. previous crop failures and livestock losses. lies traveled great distances to reach the In that spirit I am offering this This also is a tough neighborhood, with camps and by the time they got there were amendment. This amendment is not Sudan bordering to the west and Somalia to often near death. Moreover, villagers who about politics. If you will recall what the east. These countries are struggling to left for the camps and somehow managed to overcome internal turmoil of their own and survive had nothing to return to because President Reagan once said, he said: refugees from each have crossed into Ethi- A hungry child knows no politics. they had lost their homes and sold their live- opia and are living in refugee camps. stock. He was correct. This is about people But perhaps the greatest difficulty is get- Fortunately, relief organizations, includ- dying. This is about reaching out and ting the world to respond. The focus in cap- ing U.S. AID and the United Nations World saving lives. We have an opportunity to ital cities around the globe is the war on ter- Food Programme, have developed an early do the right thing now, and that is save ror, Iraq and North Korea. warning system to better predict the effects African children from starving to HOW COULD THIS HAPPEN? of the looming crisis and have been sounding death. I do not believe this situation should ever the alarm since the fall. Nevertheless, they are facing an uphill bat- Congressman FRANK WOLF, my good have been allowed to develop. Does anyone tle. Donor fatigue is a very real problem. friend, has just returned from Ethiopia really believe that the world would turn a COMPETING WORLD CRISIS and Eritrea. blind eye if this crisis were unfolding in Mr. President, I ask unanimous con- France or Australia? If the photographs in Getting the world—and the United States, this report were of Norwegian children sent that his report of his trip be print- in particular—to focus on the issue is dif- wouldn’t the world be rushing to help? Is not ficult because of the war on terrorism, the ed in the RECORD. the value of an Ethiopian child or Eritrean situation in Iraq and the growing crisis in There being no objection, the mate- mother the same in the eyes of God? North Korea. rial was ordered to be printed in the This disaster has been building since last Since August 2002, the United States has RECORD, as follows: fall, yet there has been little mention of it in provided approximately 430,000 metric tons

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1231 of food, valued at $179 million. This amount The government of Ethiopia also should almost no fertilizer used and severe topsoil constitutes approximately 25 percent of the consider a sweeping land reform policy that erosion. If there is to be problem-solving, it total need in the country. The U.S. govern- would allow farmers to own their property will be long-term and it will be painful. Atti- ment will need to do more to avert a disaster rather than the government owning all the tudes will have to be changed to use modern of biblical proportions. country’s land, a vestige of the country’s so- agricultural methods. And in Marxist coun- Before leaving on the trip, a number of cialist days. tries, the collective farm reduces the farm- well read people in the Washington area The media needs to more aggressively pur- er’s incentive to produce for himself and looked at me quizzically when I told them I sue this looming crisis. It was responsible for only aggravates the sparse production. was going to Ethiopia. They all asked why? making the world aware of the terrible fam- There have been four major droughts in When I told them that the country was fac- ine that was occurring in 1984 and has the Ethiopia in the last 35 years. People have ing another famine along the scale of 1984, ability to let the world know about the trag- died of starvation. But this is the worst they were dumbfounded. edy unfolding again. drought and death is apparent throughout Time is of the essence. A village can slip Many of the same issues that apply to the land. dramatically in just a matter of weeks. Ethiopia apply to Eritrea. Both countries are My visit to Alamata and Korem, two feed- Many of the children I saw last week will be in desperate need of assistance. ing centers 250 miles north of Addis Ababa, dead by early February and those who do In closing, I want to thank all the people— was shocking. The emaciated bodies of young somehow miraculously survive will be se- from government officials in both Ethiopia and old were overwhelming. One’s emotions verely retarded. The world cannot afford to and Eritrea to U.S. officials and NGOs and cannot be controlled as you see the helpless wait any longer. missionaries in both countries—who are trying to survive. The huge numbers dulled I also visited neighboring Eritrea, where working around the clock to deal with this my sense of hope. the situation is not much better. Widespread crisis. I also want to thank U.S. Ambassador Thousands have died and thousands more crop failures are expected as a result of the to Eritrea Donald McConnell and U.S. Am- died in remote villages which statistics will drought. Compounding the situation are the bassador to Ethiopia Auzerlia Brazeal and not record. But there is hope—because hu- lingering effects of its war with Ethiopia, their respective staffs for all they do. They mankind is responding—and responding well. which ended in December 2000. While nearly are outstanding representatives of the U.S. The Free World is responding swiftly by 200,000 refugees and displaced persons have government. Special thanks go to Jack sharing its abundance of food, medicine and been reintegrated into society following the Doutrich in Eritrea and Karen Freeman, Jo blankets. Help from Western nations, from truce, almost 60,000 have been unable to re- Raisin and Makeda Tsegaye in Ethiopia. Roy the private sector and from government, is turn to their homes due to the presence of ‘‘Reb’’ Brownell with USAID in Washington pouring in. People are acting out of their land mines, unexploded ordnance, insecurity also deserves special recognition. best humanitarian instincts. or the simple fact that the infrastructure Finally, I want to thank Lt. Col. Malcom The United States is leading the pack. near their homes has been completely de- Shorter, who accompanied me on the trip, There are not many ‘‘ugly Americans’’ in Af- stroyed. and Dan Scandling, my chief of staff, who rica today. We are responding from our gen- RECOMMENDATIONS took all the photographs and videotaped the erosity. And America is responding mightily! Donors, including the United States, must trip. Americans are responding as a govern- make prompt and significant food-aid Available on line at: http://www.house.gov/ ment. President Reagan has announced his pledges to help Ethiopia overcome its cur- wolf. intention to provide one-half of the food as- rent crisis. The food pipeline could break Mr. NELSON of Florida. This report sistance needed in Africa this year—a $500 down as early as next month if donors do not states that thousands of Ethiopians million U.S. contribution. For Ethiopia, a act immediately. There are a number of Marxist state, with whom we have strained could be dead of starvation by Easter. relations, $130 million in food is already countries, Canada and France, for instance, Frank Wolf writes: that can and should do more. planned. This government-supplied grain is More than 11 million people, just slightly The Office of Management and Budget distributed by many private volunteer agen- less than the combined population of Mary- (OMB) must work to ensure that the U.S. as- cies, such as Catholic Relief and World Vi- land and Virginia—are presently at risk— sistance is released as quickly as possible. sion, and soon some will be given directly to When President Bush visits Africa, he and that number is growing every day. That the Ethiopian government relief agency. The should consider going to Ethiopia. I believe number could surpass the number that died sacks bear the words: ‘‘Donated by the Peo- he would be moved by what he sees. in the 1984–85 hunger crisis in the region. ple of the United States of America.’’ The Bush Administration should make an The U.N. World Food Programme The private sector is also responding. For effort to rally public support similar to what also warned of severe food shortages 1985, food assistance to Ethiopia through pri- was done during the 1984–85 famine. Perhaps vate organizations is estimated to be $125 this spring, estimating that between 10 million, with another $22 million spent on the new director of faith-based initiatives at million and 14 million Ethiopians, at USAID should serve as the coordinator for Ethiopian refugees elsewhere. such an effort. risk of starvation, are at risk of starva- The private sector from Florida responded Donor support also must include water, tion in this year, 2003. magnificently. A ‘‘flight of mercy’’ was orga- seeds and medicine as well as veterinary as- Back in 1985, my wife Grace and I nized, funded, loaded, and flown to Addis sistance. spent 8 days in the feeding camps in Ababa, which bespeaks the generosity of Flo- The Ethiopian government should take its Ethiopia. And every day we carry with ridians. case to capitals around the globe, sending us what we experienced. This mission was conceived by my wife, Grace Nelson, as a needed response to the representatives to donor nations armed with I ask unanimous consent to have photographs of dying children to put a face problems she had seen in Africa last summer. on the growing crisis. Regrettably, if they do printed in the RECORD, since I do not In Mali, she held a starving child in her not ask, they will not receive. have the time to read portions, an arti- arms. She has not been able to forget it. The Ethiopian government must con- cle that I wrote in January of 1985 After organizing some fundraising activities, tribute additional food aid from its own re- about the starvation that occurred the thought of a ‘‘flight of mercy’’ came sources as it did in 2000 and 2002 as a sign of there. from a discussion with the editor of the Flor- leadership and commitment to the welfare of There being no objection, the mate- ida Times Union. He suggested that although its people. rial was ordered to be printed in the people wanted to help, they needed a con- More must be done to develop long-term crete mission to respond to and one which strategies to tackle the root causes of the RECORD, as follows: could be tracked to a successful conclusion. food shortages in Ethiopia, like improving ETHIOPIAN HUNGER PROBLEM BAFFLES THE This story is an American success story. A irrigation and developing drought-resistant MIND DC–8 was chartered and loaded with 40 tons crops. The government must develop a 10- or ADDIS ABABA, Ethiopia.—Here in this of food, medicine and blankets, in the midst 15-year plan designed to help end the con- drought-stricken land the enormity of the of ongoing fund drives. WCPX–TV in Orlando stant cycle of massive food shortages. A well hunger problem baffles the mind. As I visited collected over $80,000 and two truckloads of developed plan would go a long way toward the feeding centers where gentle humans are blankets. World Vision, a Christian humani- reassuring the international community restoring life to some of the starving, I was tarian organization, provided the mechanism that the country wants to end its dependence bewildered as to how to solve this crisis. for obtaining the two tons of medicine and on handouts. The problem of famine in Africa is real. thirty-eight tons of fortified food, eleven The Ethiopian government also should do Twenty nations have been affected. Seven tons of which were donated by a former Ethi- more to help diversity its economy. Its larg- are critical. Just in Ethiopia alone, over 7 opian official in Indiana. This special mix- est export—coffee—is subject to huge price million people are threatened by starvation. ture of oats, powdered milk and honey, fluctuations in the world market and rather A severe drought is a major cause. The known as ATMIT, is indigenous to Ethiopia. than exporting hides and leather to Italy and rains either did not come or were less than is Another $120,000 was raised before the flight China—only to come back as belts, purses required to germinate the seeds in the fertile departed Chicago on January 12th. and shoes—the government should work to soil. The plane was so long you could hardly see attract business that will make these prod- Agricultural techniques are backward. from one end of the cargo bay to the other. ucts on Ethiopian soil. There are few drilled wells, little irrigation, During the 24-hour journey, our group of

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1232 CONGRESSIONAL RECORD — SENATE January 21, 2003 ‘‘food shepherds’’ slept on top of the pallets even the most mild illnesses. If we do FY 2003 budget request, and these emer- of fortified food using some of the donated not act, the death toll will rise, and it gencies require an additional $600–778 million blankets for warmth. It was a good feeling to will rise quickly. above the Administration’s FY 2003 budget know that our mission was one of trying to There is also a security aspect to pro- request. help the starving by actually taking food to Finally, for FY 2003, the Administration them. viding this relief. It is well-known that initiated a policy which precludes the pur- Our landing was the first of a stretch-DC– the Horn of Africa has had its problems chase of commodities for food aid using gen- 8 on the Addis Ababa runway. Trans- with extremism, particularly in nearby eral Commodity Credit Corporation (CCC) American Cargo Airlines and World Vision Sudan. As such, crises in this region authority. Instead, the Administration stat- soon had the cargo unloaded. may pose significant security threats ed its intent that it would seek appropria- Success does not come easily and indeed as we fight the global war on ter- tions to meet legitimate food aid needs. Al- we soon had our problems. Food was being rorism. Terrorist organizations and though the FY 2003 PL 480 Title II budget re- delayed to the feeding centers because rebel other extremists have frequently used quest was increased to make up for the loss activity in the region interrupted transpor- of a portion of CCC commodities, the funding tation of supplies. When we finally were food as a political weapon in past fam- request is insufficient to meet the needs of cleared for an old DC–3 to fly us to the ines. By controlling the distribution of both ongoing programs for poor and dis- camps, we found they were running dan- food, they can hold entire populations placed persons, as well as people facing gerously low on food. But our supplies ar- of hungry people hostage, and thereby emergency food shortages. rived just in time. gain their unwitting support. We must Insufficient funding for ongoing Title II I shall never forget the children, also combat these threats on all fronts, in- programs will hurt millions of people in re- starved for affection, clinging to my hands cluding providing relief, and with it gions that are recovering from war or are vulnerable to crises, such as Afghanistan, and arms smiling in spit of their physical order, to regions that desperately need deprivation. They were proof that the World West Africa, Bangladesh, Nicaragua, Angola, Vision feeding center was successful because it. Somalia and Sudan. Cuts in these programs only a few weeks before they had been life- Now, allow me to explain this amend- could also have negative repercussions for less and lethargic. Others were in intensive ment in the context of the fiscal year U.S. foreign policy and national security in- care, often with their mothers, as nutri- 2003 appropriations bill we are debat- terests, and could lead to future emer- tional supplements were administered— ing. Because of the Congress’ inability gencies. The more subtle and insidious ef- sometimes through a tube because they were to pass the 2003 appropriations bills on fects of chronic under-nutrition must not be too weak to eat. time, food relief is being undercut by overlooked. Thus, the full appropriations of The staff was loving and kind . . . it $252 million as we operate at 2002 fund- $1.2 billion is needed now for FY 2003. showed. The nuns at the Missionaries of Beyond the FY 2003 appropriations, an- Charity Compound ministered to the dying. ing levels. Moreover, such severe food other $603 to $778 million is needed to meet These sisters are sponsored by Mother Te- shortages in Africa were not con- the historic US commitment of providing at resa of Calcutta, who had just paid a visit, templated in the president’s 2003 re- least half of the commodities required dur- greeting and blessing each person in the quest. Simply funding the president’s ing a food crisis in poor countries. This fund- camp—9,000 of them! What a lesson in love. request will not be enough to stave off ing is needed to provide a nutritious mix of There are those who say, ‘‘let them die.’’ a massive starvation crisis in Sub-Sa- foods to avoid starvation in Ethiopia, Eri- Their theories of over-population and sur- haran Africa. trea and 6 southern African countries, and to vival-of-the-fittest are practical, they say. I ask that a letter from the Alliance help people rebuild their strength and take the first steps towards recovery. People are Besides ‘‘why should we care about a foreign, for Food Security to President Bush strange land?’’ Fortunately, most of America even more vulnerable to starvation due to does not think that way. The goodwill, hopes dated January 3, 2003 be printed in the the HIV/AIDS pandemic, which makes this and prayers of Floridians were obvious in our RECORD. an extraordinary crisis and requires imme- specific flight of mercy. Many have re- There being no objection, the mate- diate response. Even if the Bill Emerson Hu- sponded before, others are following. rial was ordered to be printed in the manitarian Trust is used to provide up to This mission was successful because of the RECORD, as follows: 500,000 MT (valued at $250 million including delivery costs), this would only provide one- spirit and character of our people. Perhaps it ALLIANCE FOR FOOD SECURITY, third of the estimated emergency needs. is best summed up in Matthew Chapter 25: January 3, 2003. In conjunction with delivering adequate ‘‘When you did it for the least of these, you Hon. GEORGE W. BUSH, food supplies to address the emergencies in were doing it for me.’’ President of the United States, The White Africa, charitable organizations are com- House, Washington, DC. Mr. NELSON of Florida. Mr. Presi- mitted to helping people immediately move DEAR MR. PRESIDENT: US charitable, agri- dent, from my letter, which will be in into the recovery phase. Food aid must be in- cultural and commercial groups have come the RECORD, you will see the similarity tegral with investments in agricultural pro- together to urge additional US Government to what we have here today. duction, such as seeds, fertilizer and farming funding to provide assistance to 30 million tools, and with expanded HIV/AIDS efforts. Just in Eritrea, crop failures and the Africans suffering from severe food short- This includes services that improve preven- lack of rainfall put about 1.5 million at ages, without diminishing US efforts to ad- tion, enable families to provide nutritious risk—just less than half the popu- dress chronic hunger and provide relief else- foods and care for relatives living with the lation. But these grotesque figures where. To assure that previously-planned disease, and ensure the nutritional, edu- food aid programs and emergency relief can only speak to those in the Horn of Afri- cational and financial needs of orphans are go forward in fiscal year (FY) 2003, we urge ca. For example, down in Zimbabwe, 49 met. you to seek full funding of the $1.2 billion ap- percent of the population is in need; in Using food aid to assist people who are im- propriations for PL 480 Title II when the cur- Malawi, approximately 29 percent of poverished so in the future they may provide rent continuing appropriations bill expires. for their own nutritional needs in the main the population is in need; in Zambia, To provide the additional commodities need- purpose of the PL 480 Title II program. It is approximately 26 percent of the popu- ed for urgent emergencies in Ethiopia, Eri- an equally high calling as helping people who lation; and in Lesotho, approximately trea and southern Africa, we ask you to seek face immediate famine. To diminish the one 30 percent of the population. These are emergency supplemental funds for the $603– in order to care for the other is not a choice 778 million that would provide half of the just some of the countries whose popu- our great country should make. In compas- commodities to meet projected needs for FY lations need food right now. sion and recognition of our urgent needs in 2003. The World Food Programme esti- Africa while at the same time maintaining In FY 2003, US food aid levels are alarm- mates that a total of over 38 million the U.S. commitment to fund the develop- ingly insufficient. There are several reasons mental and other relief programs of Title II people are at risk of starvation for this resource gap. in FY 2003. throughout Africa this year. This fig- First, Congress has not yet passed the FY Sincerely, ure is almost beyond comprehension, 2003 appropriations bill and is forcing PL 480 ACDI/VOCA. and compels this body to provide relief. Title II to operate at a level that is $252 mil- Africare. The toll of this famine threatens to lion less than the Administration’s FY 2003 American Maritime Congress. be far worse than anything we have budget request. Second, even if the Adminis- American Soybean Association. seen previously for another reason. The tration’s FY 2003 budget request for Title II Astaris LLC. terrible epidemic of HIV/AIDS, which is is approved, because most commodity prices Bread for the World. have increased, that funding level would buy currently ravaging the continent, de- California Wheat Commission. 30% fewer commodities than originally Chippewa Valley Bean Co., Inc. stroys the immune systems of its vic- planned. Third, severe food shortages in Didion Milling, Inc. tims. When further weakened by mal- southern and eastern Africa were not antici- Friends of World Food. nutrition, they are unable to fight off pated when the Administration prepared its Illinois Soybean Association.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1233 Adventist Development & Relief Agency vide these funds and it would not affect uting to the southern African food cri- International. the topline. sis, and to evaluate the efficacy of our Agricor, Inc. Over the weekend, USAID Adminis- response, so that we can improve our American Red Cross. trator Andrew Natsios took an impor- APL Limited. performance and prevent crises in the Bethel Grain Company. tant first step to provide some relief to future. Unfortunately, the World Food California Association of Wheat Growers. Ethiopia, by agreeing to send 262 met- Program has warned that early indica- CARE. ric tons of food there at a cost of about tors suggest drought may continue to Central Bag Company. $127 million. I commend Mr. Natsios plague the region in the year ahead. I Counterpart International. and Secretary Powell for their atten- am looking forward to the GAO’s final Food for the Hungry, Inc. tion to this issue, but we need to do report, and hope that it can point the Global Food & Nutrition, Inc. more. It is my hope that by speaking International Organization of Masters, way toward proactive steps that we can Mates & Pilots, ILA, AFL–CIO. about this issue now, increased atten- take to work with our African partners International Orthodox Christian Char- tion to the plight of the Africans will on this issue. ities. spur American and international ac- As another step in this broader, long- J.R. Short Milling Company. tion. The U.S. Senate should show term effort, this week I am introducing Land O’Lakes. leadership on this without delay. I a resolution calling on USAID to give Mercy Corps. thank the Chair, and ask for the yeas adequate attention to land tenure National Farmers Union. and nays. issues as the agency pursues efforts to North American Millers Association. The PRESIDING OFFICER. Is there a Opportunities Industrialization Centers bolster agricultural development and International, Inc. sufficient second? fight hunger, and I hope to work with Project Concern International. There is a sufficient second. my colleagues on other initiatives Salvation Army World Service Office. The yeas and nays were ordered. aimed at addressing underlying causes TechnoServe. Mr. FEINGOLD. Mr. President, I of chronic food insecurity in the The Manchester Company. want to underscore the importance of months ahead. Too often, we think of U.S. Dairy Export Council. the issue that Senator NELSON has Africa only as a troubled continent, U.S. Wheat Associates. raised today. Some 38 million Africans full of flood and famine, war and deadly USA Rice Federation. are threatened with starvation in the World Vision. disease. But I have traveled widely on International Relief & Development. coming months. In a six-country region the continent, and I have met with en- Jesuit Refugee Service USA. encompassing Zambia and Zimbabwe, ergized and committed Africans from Maritime Institute for Research and Indus- Malawi and Mozambique, Swaziland government officials to businessmen to trial Development. and Lesotho, 25 percent of the popu- community activists. There is no lack National Dry Bean Council. lation is urgently in need of assistance. of good partners on the continent, and National Potato Council. This food crisis is striking a tremen- Northwest Medical Teams. there is no absence of promise or po- dously vulnerable population that has tential. Our commitment to get serious P&O Nedlloyd Limited. already been devastated by HIV/AIDS, Salesian Missions. about these issues now can lead to Save the Children. compounding the difficulty of African meaningful success, improving the The International Rescue Committee. families’ struggle for survival. In the lives of millions of Africans and bol- Transportation Institute. Horn of Africa, almost half of Eritrea’s stering food security in the region. U.S. Jesuit Conference. population is at risk, and Ethiopia These long-term initiatives deserve USA Dry Pea and Lentil Council. stands on the brink of a crisis rivaling Congress’s support, but we will be Washington Wheat Commission. that of the mid-1980s. working with profoundly weakened Mr. NELSON of Florida. Mr. Presi- I have served on the Subcommittee partners in our every effort—be it dent, this letter from a coalition of on African Affairs since I came to the counterterrorism initiatives or pro- over 50 nongovernmental, humani- Senate, and spent over half of my ten- grams aimed at increasing trade and tarian and agricultural groups seeks ure here as either the ranking minority investment—if we do not address this between $608 and $778 million above the member or chairman of that sub- immediate emergency. Senator NELSON President’s request to meet the de- committee. I have watched this crisis is right to sound the alarm about this mands of these emergency cir- unfold over the past year with horror. crisis now, while we have an oppor- cumstances. The $600 million my The United States and the inter- tunity to act and to help those people amendment provides is based on close national community must act now to currently at risk. To help now is hu- consultation with these organizations address this crisis; delay will mean mane, it is right, and it is in our inter- who know the situation well from their death for too many innocent families. est. work on the ground in Africa. But we must also work in the months Mr. REID. Mr. President, I ask unan- This amendment provides resources and years ahead to address some of the imous consent that the Reed amend- called for in the African Famine Relief underlying causes of food insecurity in ment on unemployment insurance Act of 2003 introduced by Senator Africa, so that we can reduce commu- which is before the body be recalled, DASCHLE. It does not specifically des- nities’ vulnerability to natural factors and I move to waive the relevant sec- ignate the funds for sub-Saharan Afri- affecting harvests. Certainly we need tion of the Budget Act for the consider- ca, to be consistent with the way we to join with the many Africans who ation of the Reed amendment. Senator have traditionally appropriated P.L. want to ensure that misguided policies NICKLES also raised a point of order. I 480 Title II funds. But I trust that these and decisions are examined, discarded, just want to move to waive it. Such funds will be used for the purpose for and not repeated—from the tremen- time as we vote on it will be the deci- which they are intended—staving off dously destructive policies pursued by sion of the body. the imminent threat of mass starva- the Zimbabwean government, to cor- The PRESIDING OFFICER. Is the tion in Africa. rupt practices affecting food stocks in Senator asking for regular order on It is my hope that this amendment Malawi, to the impact of the govern- that amendment? will be acceptable to my colleagues on ment’s national service program on the Mr. REID. I asked that the Reed both sides of the aisle, and to the ad- agricultural sector in Eritrea. And cer- amendment be recalled. I ask for reg- ministration, and I will explain why. tainly we need to ensure that assist- ular order and renew my unanimous The designation of these funds as ance is distributed responsibly, fairly, consent request to waive the relevant ‘‘emergency funds’’ is important. That and efficiently. But we also need to section of the Budget Act for consider- means the funds do not have to be help African societies reinvigorate ation of the Reed amendment. spent unless the President likewise their agricultural sectors, by working Mr. INHOFE. Mr. President, I suggest designates this crisis as an emergency. to get small farmers the technical as- the absence of a quorum. If he does not designate the situation sistance, infrastructure, and oppor- The PRESIDING OFFICER. The in Africa as an emergency, and most tunity that they need to succeed. clerk will call the roll. would agree it is an emergency, but the In July of last year, I asked the GAO The assistant legislative clerk pro- President would not be required to pro- to examine some of the causes contrib- ceeded to call the roll.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1234 CONGRESSIONAL RECORD — SENATE January 21, 2003 Mr. REID. Mr. President, I ask unan- Ethiopia is considered royalty: Queen Both of them are deserving of the cred- imous consent that the order for the of Sheba—anyone from Ethiopia is roy- it for this bill. I am very proud to align quorum call be rescinded. alty. So they gave her this crown for myself with both of them. The PRESIDING OFFICER. Without her first birthday. Senator HUTCHISON has been a great objection, it is so ordered. I would suggest that there is no area leader in this area, and I am very much The Senator from Oklahoma. that is having a more difficult time appreciative of her. Also, Senator Mr. INHOFE. Mr. President, will the right now. I know there is a lot of com- LEAHY and others have worked hard on Senator from Florida yield? petition for funds. But I think the way this bill. Mr. NELSON of Florida. Mr. Presi- the junior Senator from Florida has The horrific kidnapping of Elizabeth dent, it was clearly my intention to re- structured this amendment, that would Smart in my home State of Utah is il- gain the floor so I could yield to my allow the administration to make some lustrative of a terrifying wave of re- friend from Oklahoma. of these determinations and some of cent child abductions that has swept Mr. REID. Mr. President, will the these priorities. our Nation. Clearly, there is a tremen- Senator yield? I strongly support the idea of giving dous need for legislation to help com- Mr. INHOFE. Yes. some aid to that area because of the munities fight these terrible crimes. Mr. REID. I ask unanimous consent drought that has been unprecedented Without question, when it comes to that we return to the Nelson amend- for about 12 years. Hopefully, this will child abductions, time is of the es- ment. happen, and it will become a reality for sence. We are all too aware that child The PRESIDING OFFICER. Without these people. abductors prey on the youngest, most objection, it is so ordered. We do a lot of talking around here innocent and vulnerable members of Mr. NELSON of Florida. I yield to about poverty; we do a lot of talking our society—often for the purpose of the Senator from Oklahoma. about problems; but until you see some committing other serious violent Mr. INHOFE. Mr. President, I thank of the poverty and some of the effects crimes against them. the distinguished Senator from Florida of the drought that has taken place Too often, it is only a matter of for yielding. right now in the sub-Saharan, Africa, hours before a kidnapper abuses, as- Let me first of all say, to clarify the it is really one that we don’t under- saults or kills the child victim. understanding that I have in listening stand. According to figures released by the to his presentation, that his request I yield the floor. Bureau of Justice Statistics, almost 75 would not necessarily be binding unless percent of the murders that occur fol- f the President were to include this as lowing child abductions happen within something which he would interpret as NATIONAL AMBER ALERT the first 3 hours. an emergency; that is, the funding that NETWORK ACT OF 2003 AMBER Alert systems are critical to is requested by the Senator. Is that The PRESIDING OFFICER (Mrs. successful search and recovery efforts correct? DOLE). Under the previous order, the because they enable law enforcement Mr. NELSON of Florida. The Senator clerk will report S. 121. authorities to galvanize entire commu- is correct. If the President did not des- The assistant legislative clerk read nities to assist in the safe recovery of ignate the situation in Africa as an as follows: child victims. emergency, the President would not be A bill (S. 121) to enhance the operation of We recently witnessed the success of required to provide these funds and it the AMBER Alert communications network the AMBER Alert system in California would not affect the top line. in order to facilitate the recovery of ab- where the system was used to broad- Mr. INHOFE. If the Senator will ducted children, to provide for enhanced no- cast the disappearance of Nichole yield further, I can’t quite see the Sen- tification on highways of alerts and informa- Timmons. After she was recognized, ator’s map of the continent. My under- tion on such children, and for other pur- Nichole was safely recovered in the standing is that most of that is in sub- poses. neighboring State of Nevada. Saharan Africa. Is that correct? Mr. NELSON of Florida. Madam In another recent California case, the Mr. NELSON of Florida. The Senator President, I have a parliamentary in- AMBER Alert system was used to is correct. It involves three countries quiry. I had asked for the yeas and broadcast the disappearances of in east Africa, six countries in west Af- nays, and there was determined to be a Tamera Brooks and Jaqueline Marris. rica, three countries in central Africa, sufficient second. Just hours after their abduction, and and about seven countries in southern Could you inform me, on the Nelson minutes before their possible murder, Africa. amendment, what is the parliamentary the two young women were found. Mr. INHOFE. Mr. President, if the situation? My home State of Utah recently Senator would yield further, let me The PRESIDING OFFICER. The yeas adopted a statewide alert program just make a comment. I perhaps have and nays have been ordered on that aimed at preventing child abduction had maybe even a conflict of interest amendment. called the Rachel Alert. The program in this case. But that conflict has made Mr. REID. Madam President, if I was named after young Rachel Runyan me very sensitive to the plight they could ask the Chair to direct the Sen- who was kidnapped from behind her have in sub-Saharan Africa. As the ator’s attention to the Senator from home in Sunset, UT, and later found Senator from Florida knows, I have Nevada, it is my understanding we murdered. been there many times. I am very fa- have a vote scheduled for 5:15. There I know that law enforcement agen- miliar with that whole region. But in are 15 minutes of debate prior to that cies are working closely with broad- the case of Ethiopia, which seems to be time. The two leaders are trying to fig- casters and the public to develop one of the first areas the Senator is ad- ure out what votes are going to come AMBER Alert systems across our coun- dressing, a drought is taking place next. We have a series of amendments try. Despite these efforts, however, I there right now. In fact, I have and I that have been offered today. I ask believe a National AMBER Alert Coor- will hold up a picture of a little girl we that my friend from Florida withhold dinator in the Department of Justice is found during that drought. She was until the two leaders have determined needed to assist States in developing abandoned. She was 3 days old. We the time for the vote. effective alert plans that can be coordi- were able to get her back into good The PRESIDING OFFICER. The Sen- nated nationwide. health. I am very proud to say that ator from Utah is recognized. Fortunately, we already have the this little girl—Zegita Marie Rapert— Mr. HATCH. Madam President, I rise technology in place to do just that— happens to be my granddaughter. She in strong support of S. 121, the Na- the Emergency Broadcast System. For is now officially adopted. tional AMBER Alert Network Act of years, broadcasters have been cooper- By the way, in case you are won- 2003. Specifically, I congratulate and ating with Government officials and dering why she is wearing a crown, thank my colleagues who have worked reaching Americans across our country that was her first birthday. She has so hard toward the passage of this by issuing emergency alerts on our three older brothers ages 4, 5, and 6. It needed legislation: Senators KAY BAI- televisions and radios. We have all ex- is a pretty typical family. Anyone from LEY HUTCHISON and DIANNE FEINSTEIN. perienced an interruption in regular

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1235 programming so that a news breaking person who takes a child and wants to child within 24 hours, we have the best announcement can be made. With the do harm to this child. chance for them to be recovered safely. addition of a National AMBER Alert Forty-three abducted children have I thank Senator FEINSTEIN, my co- Coordinator and continued cooperation been recovered with the assistance of sponsor of this bill, and thank again between law enforcement officials and AMBER Alerts. We now have 85 re- Senators HATCH and LEAHY for pushing broadcasters, we can create an effec- gional AMBER Alerts in this country, this bill through the Judiciary Com- tive national AMBER Alert system. up from 53 when we introduced the bill mittee in record time because we know Just now, I walked into the Senate last summer. this bill needs to be on the books. Chamber with Ed Smart, who, as the People like Joann Donnellan are run- I yield the floor. country knows, has joined with his ning the National Center for Missing The PRESIDING OFFICER. The Sen- wife and family to launch one of the and Exploited Children and have pro- ator from Vermont. most brave, concerted, and vigilant ef- vided the technical assistance to Mr. LEAHY. Madam President, I am forts ever known to locate their pre- States and local governments to help very pleased the Senate is again taking cious daughter, Elizabeth. us find these children quickly. up and passing the AMBER Alert Net- On many occasions, Ed and Lois In fact, this bill is named for Amber work Act. I remember last year when Smart have educated me about the Hagerman of Arlington, TX, who was Senator HUTCHISON would meet me need for enhanced efforts to combat abducted in 1996 and found murdered. coming in one door of the Senate and child abduction, such as the National Her death had such an impact on the she would say: This bill is extremely AMBER Alert Network Act. community that it was determined important. Can we get it up and pass it. This measure is overwhelmingly sup- that if we could get the word out and And before I would get to the other ported by the Smart family and all the try to find someone who had taken a door, Senator FEINSTEIN would grab me parents who have firsthand experience child, that it would help save these saying the same thing. with the uncertainty, pain, and trauma children. I went to the Judiciary Committee In fact, we have found that AMBER that exist while waiting for news about with it. I must say with the strong help Alerts have been so effective that an an abducted child. and support of the then-ranking mem- abductor who saw an AMBER Alert We have no greater resource than our ber, now chairman of the committee, sign in California went to the side of children, and we need to see to it that Senator HATCH. In the course of just 1 the road and let the child out because we do all we can to protect them from week after we introduced this, we held he knew he was going to be caught and predators of all types. a hearing on the AMBER Alert bill. We that he was in trouble. So it is very ef- So let us pass this legislation for passed it in the Judiciary Committee, fective. and we passed it in the full Senate. Elizabeth Smart and Rachel Runyon What we want to do is have a Coordi- That is almost unheard of. and, indeed, for all children in our Na- nator in the Justice Department who a This is a case of what can happen in tion. local law enforcement official can call the Senate when people set aside polit- Madam President, I yield the remain- and not have to make 10 calls to con- ical or partisan labels, work together der of our time to the distinguished tiguous States. He or she can make and make sure something can pass. Senator from Texas, who deserves so that one call to the AMBER Alert Co- It was unfortunate that the House much credit for being on top of this bill ordinator in the Justice Department. did not pass it but now we will give and bringing it to the Senate. That person will then be able to put them a chance. I am proud to join Sen- The PRESIDING OFFICER. The Sen- the word out in contiguous States, ator from Texas. without having to go through different ator HUTCHISON and Senator FEINSTEIN Mrs. HUTCHISON. Madam President, call lists and wasting time. as an original cosponsor of the legisla- how much time do I have? We know that time saves lives in tion. The PRESIDING OFFICER. Five AMBER Alerts. When a child is ab- Senator HUTCHISON said it very well, minutes forty-five seconds. ducted, if we can save time, we can the reasons for the legislation, as did Mrs. HUTCHISON. Madam President, give that child the chance to not be Senator HATCH. I commend those Sen- Senator FEINSTEIN and I introduced harmed or horribly murdered, as we ators for their leadership. Senator this bill last session. Under the leader- have seen in so many instances with HUTCHISON and Senator FEINSTEIN have ship of Senator LEAHY and Senator child abductions. been absolutely dynamic in this case. HATCH, it went through in a remark- It is hard for me to understand how Because of their support, they made it ably short amount of time. Everyone someone could prey on a defenseless possible for Senator HATCH and I to get could see the need for this bill, some- child. It is the worst nightmare a par- the unanimous support of the Judici- thing that could be done on a volunteer ent would have to hear, that her child ary Committee to move this bill. basis, but with that Coordinator in the or his child has been taken by a strang- It has been credited with recovering Department of Justice, we could really er and you don’t know what has hap- 43 children nationwide; 84 modified make a difference when a child is ab- pened. I have met with the parents of versions have been adopted in local, re- ducted in this country. Elizabeth Smart, the wonderful couple gional and Statewide locations. And 33 Unfortunately, the bill died in the from Utah, who have lost their child to States have a Statewide plan. House. So we have introduced the bill an abductor and still have not heard My home State of Vermont is not yet again. And this time, once again, from her. The agony they must go one of them, but this bill would help through the leadership of Senator through every day is something no par- towns and counties in States such as HATCH and Senator LEAHY, it has gone ent can imagine. mine to build and maintain the through the committee in record time. With this bill, we will put the coordi- AMBER Alert. I hope we can pass this bill and give nator in place. We will help set criteria We spoke about how parents feel. I the House plenty of time to also pass for when an AMBER Alert would go can imagine, when my children were this legislation and send it to the out. We thank the National Associa- growing up, the terrible fear that my President. tion of Broadcasters and the local wife and I would have had at the dis- The President has asked for this bill. broadcasters associations because they appearance of any one of them. I don’t He knows we need legislation on the voluntarily put the word out through know how a parent or grandparent gets books to create this Coordinator and to radio and television in a community through that. I don’t know how mem- help every abducted child have a where this has occurred. bers of the family get through it. The chance to live. We want to make that go further and most vulnerable and most trusting part A Department of Justice study shows wider. We also want to try to help of our society is our children. Because that 75 percent of child homicides States with signage and help them they are the most vulnerable and the occur within 3 hours of abduction. know what works. For instance, the most trusting, we, not only as legisla- AMBER Alerts have gone out within 17 blinking signs on highways have been tors but as parents, as family members, minutes of an abduction. That means very effective. owe a particular duty to them. we are giving law enforcement per- This is a bill that will make a dif- I know President Bush is ready to sonnel the help they need to find this ference. We know that if we can find a sign this bill as soon as it is passed by

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1236 CONGRESSIONAL RECORD — SENATE January 21, 2003 both bodies and goes to his desk. I urge I want to commend Senator KAY BAI- Furthermore, it is the specific intent all Senators to vote for it to send a LEY HUTCHISON for her continued lead- of this bill not to interfere with the op- very clear message to the other body ership on this legislation. Her work on eration of the 85 AMBER plans that are that we support it. It is a bipartisan this bill has been extraordinary. working today. bill. They would then pass it. The I also want give a special thanks to Participation in regional AMBER President will sign it. Senator HATCH, Chairman of the Judi- plans is voluntary, and any plan that Mr. FEINGOLD. Madam President, I ciary Committee, and to Senator wishes to go it alone may still do so. am pleased to support the National LEAHY, the Ranking Member, for put- I urge members to support this bill Amber Alert Network Act of 2003. I ting the National Amber Alert Net- because AMBER Alerts have a proven urge the House of Representatives to work Act on the fast track to the Sen- track record. take prompt action to pass this critical ate Floor. Nationally, since 1996, the AMBER legislation and for the President to Senator HUTCHISON and I introduced Alert has been credited with the safe support it. the bill on January 9th, 2003. Now, just return of 43 children to their families, We have all heard the stories of par- a couple of weeks later, we are voting including one case in which an abduc- ents who have found themselves trying on Senate passage. I am hopeful that tor reportedly released the child after to find a child who has been abducted, this tidal wave of Senate support will hearing the alert himself. while fearing serious injury or even carry over to the House and we soon I would like to briefly describe two of death. While local law enforcement of- will have a national AMBER Alert law. these cases: the rescues of 10-year-old ficials work tirelessly to locate these So what are AMBER Alerts? AMBER Nichole Timmons from Riverside and children, the reality is that they are Alerts are official bulletins trans- four-year-old Jessica Cortez from Los not always able to find a child in time mitted over the airwaves to enlist the Angeles. without the help of the public. public’s help in tracking down child ab- Last fall, Nichole Timmons and her What has made the difference around ductors fleeing a crime scene. mother Sharon attended a hearing of the country in many communities is AMBER Alerts are such powerful the Senate Judiciary Subcommittee on the Amber program, a system designed tools because they can be issued within Technology, Terrorism, and Govern- to get critical information to the gen- minutes of an abduction and reach a ment Information on the AMBER Alert eral public that might lead to locating wide public audience. program. Statistics show that children in the a child and his or her abductor before In moving testimony, Sharon de- most dangerous abduction cases have the worst can happen. scribed how Nichole was abducted from The National Amber Alert Network precious little time until their safety is their Riverside home on August 20, 2002 Act of 2003 builds upon successful local compromised. and how an AMBER Alert brought her programs and encourages other com- According to a study by the U.S. De- daughter back to her within hours of munities to develop Amber programs. partment of Justice, 74 percent of chil- the abduction. The National Amber Alert Network dren who were abducted, and later In Nichole’s case, an Alert was issued Act of 2003 would enhance local profound murdered, are killed in the first not just in California, but in Nevada as grams by giving State and local com- hours after being taken. well. munities help in apprehending an ab- Simply put, we need more AMBER After learning about the Alert, a ductor who takes a child and then Alerts because they may be the best tribal police officer in Nevada spotted crosses State lines. In Wisconsin, there tool law enforcement has to save kid- the truck of Nichole’s abductor and are three Amber programs in effect, in naped children facing imminent dan- stopped him within 24 hours of the ab- Madison, in La Crosse and in Green ger. duction. Bay. But, if a child is taken from Wis- The National AMBER Alert Network He was found with duct tape and a consin and brought across State lines Act has three key components. metal pipe. The AMBER Alert was the to another State, the local Amber pro- First, the legislation would authorize only reason that Nichole was able to grams have no uniform way to get crit- $20 million to the Department of ical information from one State to an- Transportation and $5 million to the return home to her mother—safe. I can’t think of any testimony in other. Department of Justice in FY 2004 to The National Amber Alert Network provide grants for the development of support of a bill more powerful than Act of 2003 would allow communities AMBER Alert systems, electronic mes- the sight of a mother sitting next to the flexibility to develop Amber pro- sage boards, and training and edu- her daughter who she thought might be grams that are responsive to the needs cation programs in states that do not gone forever. of their areas and provide Federal as- have AMBER Alerts. The second case I want to mention is sistance and coordination for local pro- To date, AMBER Alert systems exist that of Jessica Cortez. Jessica dis- grams. The National Amber Alert Net- in 34 states and a total of 85 local, re- appeared from Echo Park in Los Ange- work Act would have the Department gional and state jurisdictions. This bill les on August 11, 2002. of Justice create a national coordi- would help the expansion of AMBER But when Jessica’s abductor took her nator to work on interstate issues, de- Alerts to new jurisdictions. to a clinic for medical care, recep- velop voluntary minimum standards Second, the bill would build upon the tionist Denise Leon recognized Jessica for the issuance and dissemination of President’s Executive Order by author- from the AMBER Alert and notified Amber alerts, and provide matching izing a national coordinator for law enforcement. grants for the development and en- AMBER Alerts in the Department of Without the publicity generated by hancement of local Amber alert plans. Justice to expand the network of the Alert, Jessica could have been lost The cost of implementing the Na- AMBER Alert systems and to coordi- to her parents forever. tional Amber Alert Network Act of 2003 nate the issuance of region-wide Through this legislation, we will ex- is small when we consider the price AMBER Alerts. tend to every corner of the nation a every parent and community must pay Third, the bill provides a framework network of AMBER Alerts that will when children are not protected. I am for the Department of Justice to estab- protect our children. hopeful the National Amber Alert Net- lish minimum standards for the re- This program will increase the odds work Act will help local programs con- gional coordination of AMBER alerts. that an abducted child will return to tinue to reunite families and apprehend The Department of Justice, working his or her family safely. their abductors. with the National Center for Missing But importantly, it will deter poten- (At the request of Mr. LEAHY, the fol- and Exploited Children and other pri- tial abductors from taking a child in lowing statement was ordered to be vate organizations with expertise in the first place. printed in the RECORD.) this area, would build upon the best As Marc Klaas said at a hearing on ∑ Mrs. FEINSTEIN. Madam President, standards currently in place. the bill last fall, this legislation will today, the Senate will vote on a bill The effectiveness of AMBER Alerts ‘‘save kid’s lives.’’∑ that will save children’s lives by ex- depends on the continued judicious use Mr. LEAHY. Madam President, I panding the existing AMBER Alert proof the system so that the public does yield back whatever time remains on gram nationwide. not grow to ignore the warnings. this side.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1237 Mr. HATCH. Madam President, I SEC. 2. NATIONAL COORDINATION OF AMBER or enhancement of notification or commu- yield back whatever time we have, and ALERT COMMUNICATIONS NET- nications systems along highways for alerts WORK. I ask for the yeas and nays. and other information for the recovery of ab- (a) COORDINATION WITHIN DEPARTMENT OF ducted children. The PRESIDING OFFICER. Is there a JUSTICE.—The Attorney General shall assign (b) ACTIVITIES.—Activities funded by sufficient second? an officer of the Department of Justice to grants under the program under subsection There appears to be. act as the national coordinator of the (a) may include— The yeas and nays were ordered. AMBER Alert communications network re- (1) the development or enhancement of garding abducted children. The officer so electronic message boards along highways The bill was ordered to be engrossed designated shall be known as the AMBER and the placement of additional signage for a third reading and was read the Alert Coordinator of the Department of Jus- along highways; and third time. tice. (2) the development or enhancement of The PRESIDING OFFICER. The (b) DUTIES.—In acting as the national coor- other means of disseminating along high- question is on the passage of the bill. dinator of the AMBER Alert communica- ways alerts and other information for the re- The yeas and nays have been ordered. tions network, the Coordinator shall— covery of abducted children. (1) seek to eliminate gaps in the network, (c) FEDERAL SHARE.—The Federal share of The clerk will call the roll. including gaps in areas of interstate travel; the cost of any activities funded by a grant The legislative clerk called the roll. (2) work with States to encourage the de- under the program under subsection (a) may Mr. MCCONNELL. I announce that velopment of additional elements (known as not exceed 50 percent. the Senator from Kansas (Mr. BROWN- local AMBER plans) in the network; (d) DISTRIBUTION OF GRANT AMOUNTS ON BACK) is necessarily absent. (3) work with States to ensure appropriate GEOGRAPHIC BASIS.—The Secretary shall, to regional coordination of various elements of the maximum extent practicable, ensure the Mr. REID. I announce that the Sen- the network; and distribution of grants under the program ator from New Mexico (Mr. BINGAMAN), (4) act as the nationwide point of contact under subsection (a) on an equitable basis the Senator from South Dakota (Mr. for— throughout the various regions of the United DASCHLE), the Senator from California (A) the development of the network; and States. (Mrs. FEINSTEIN), the Senator from (B) regional coordination of alerts on ab- (e) ADMINISTRATION.—The Secretary shall Florida (Mr. GRAHAM), the Senator ducted children through the network. prescribe requirements, including application requirements, for grants under the pro- from Iowa (Mr. HARKIN) the Senator (c) CONSULTATION WITH FEDERAL BUREAU OF INVESTIGATION.—In carrying out duties gram under subsection (a). from South Carolina (Mr. HOLLINGS), under subsection (b), the Coordinator shall (f) AUTHORIZATION OF APPROPRIATIONS.—(1) and the Senator from Arkansas (Mrs. notify and consult with the Director of the There is authorized to be appropriated for LINCOLN) are necessarily absent. Federal Bureau of Investigation concerning the Department of Transportation $20,000,000 I further announce that, if present each child abduction for which an alert is for fiscal year 2004 to carry out this section. and voting, the Senator from Arkansas issued through the AMBER Alert commu- (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (Mrs. LINCOLN) would vote ‘‘Aye’’. nications network. (1) shall remain available until expended. The PRESIDING OFFICER. Are there (d) COOPERATION.—The Coordinator shall cooperate with the Secretary of Transpor- SEC. 5. GRANT PROGRAM FOR SUPPORT OF any other Senators in the Chamber de- tation and the Federal Communications AMBER ALERT COMMUNICATIONS PLANS. siring to vote? Commission in carrying out activities under (a) PROGRAM REQUIRED.—The Attorney The result was announced—yeas 92, this section. nays 0, as follows: General shall carry out a program to provide SEC. 3. MINIMUM STANDARDS FOR ISSUANCE grants to States for the development or en- [Rollcall Vote No. 9 Leg.] AND DISSEMINATION OF ALERTS THROUGH AMBER ALERT COMMU- hancement of programs and activities for the YEAS—92 NICATIONS NETWORK. support of AMBER Alert communications plans. Akaka Dole McCain (a) ESTABLISHMENT OF MINIMUM STAND- (b) ACTIVITIES.—Activities funded by Alexander Domenici McConnell ARDS.—Subject to subsection (b), the AMBER grants under the program under subsection Allard Dorgan Mikulski Alert Coordinator of the Department of Jus- Allen Durbin Miller tice shall establish minimum standards for— (a) may include— Baucus Edwards Murkowski (1) the issuance of alerts through the (1) the development and implementation of Bayh Ensign Murray education and training programs, and associ- Bennett Enzi AMBER Alert communications network; and Nelson (FL) (2) the extent of the dissemination of alerts ated materials, relating to AMBER Alert Biden Feingold Nelson (NE) issued through the network. communications plans; Bond Fitzgerald Nickles (2) the development and implementation of Boxer Frist Pryor (b) LIMITATIONS.—(1) The minimum stand- Breaux Graham (SC) law enforcement programs, and associated Reed ards established under subsection (a) shall be Bunning Grassley equipment, relating to AMBER Alert com- Reid adoptable on a voluntary basis only. Burns Gregg munications plans; and Roberts (2) The minimum standards shall, to the Byrd Hagel (3) such other activities as the Secretary Rockefeller maximum extent practicable (as determined Campbell Hatch considers appropriate for supporting the Cantwell Hutchison Santorum by the Coordinator in consultation with Sarbanes State and local law enforcement agencies), AMBER Alert communications program. Carper Inhofe (c) FEDERAL SHARE.—The Federal share of Schumer provide that the dissemination of an alert Chafee Inouye the cost of any activities funded by a grant Chambliss Jeffords Sessions through the AMBER Alert communications Shelby under the program under subsection (a) may Clinton Johnson network be limited to the geographic areas Smith not exceed 50 percent. Cochran Kennedy most likely to facilitate the recovery of the Snowe (d) DISTRIBUTION OF GRANT AMOUNTS ON Coleman Kerry abducted child concerned. Collins Kohl Specter GEOGRAPHIC BASIS.—The Attorney General Conrad Kyl Stabenow (3) In carrying out activities under sub- shall, to the maximum extent practicable, Cornyn Landrieu Stevens section (a), the Coordinator may not inter- ensure the distribution of grants under the Sununu Corzine Lautenberg fere with the current system of voluntary co- program under subsection (a) on an equitable Craig Leahy Talent ordination between local broadcasters and basis throughout the various regions of the Crapo Levin Thomas State and local law enforcement agencies for Dayton Lieberman Voinovich United States. purposes of the AMBER Alert communica- (e) ADMINISTRATION.—The Attorney Gen- DeWine Lott Warner tions network. Dodd Lugar Wyden eral shall prescribe requirements, including (c) COOPERATION.—(1) The Coordinator application requirements, for grants under NOT VOTING—8 shall cooperate with the Secretary of Trans- the program under subsection (a). Bingaman Feinstein Hollings portation and the Federal Communications (f) AUTHORIZATION OF APPROPRIATIONS.—(1) Brownback Graham (FL) Lincoln Commission in carrying out activities under There is authorized to be appropriated for Daschle Harkin this section. the Department of Justice $5,000,000 for fiscal (2) The Coordinator shall also cooperate The bill (S. 121) was passed, as fol- year 2004 to carry out this section. with local broadcasters and State and local (2) Amounts appropriated pursuant to the lows: law enforcement agencies in establishing authorization of appropriations in paragraph S. 121 minimum standards under this section. (1) shall remain available until expended. Be it enacted by the Senate and House of Rep- SEC. 4. GRANT PROGRAM FOR NOTIFICATION Mr. STEVENS. Madam President, I resentatives of the United States of America in AND COMMUNICATIONS SYSTEMS ALONG HIGHWAYS FOR RECOVERY move to reconsider the vote. Congress assembled, OF ABDUCTED CHILDREN. Mr. CRAIG. I move to lay that mo- SECTION 1. SHORT TITLE. (a) PROGRAM REQUIRED.—The Secretary of tion on the table. This Act may be cited as the ‘‘National Transportation shall carry out a program to The motion to lay on the table was AMBER Alert Network Act of 2003’’. provide grants to States for the development agreed to.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1238 CONGRESSIONAL RECORD — SENATE January 21, 2003 MAKING FURTHER CONTINUING The PRESIDING OFFICER. The the confirmation of the Ridge nomina- APPROPRIATIONS FOR FISCAL question is on agreeing to the amend- tion during today’s session. It is my YEAR 2003—Continued ment. understanding that the other side of Mr. STEVENS. We are prepared to AMENDMENT NO. 27 the aisle will require approximately an accept this amendment, but I think the Mr. STEVENS. Madam President, I hour and 40 minutes for debate. In a sponsors wish a vote. ask for regular order on amendment discussion a few minutes ago, we The PRESIDING OFFICER. The yeas agreed that we would at least begin No. 27, the LIHEAP amendment. and nays have been ordered. The ques- The PRESIDING OFFICER. The Sen- that debate tonight. tion is on agreeing to the amendment ator has that right. The amendment is Shortly, I will be asking for unani- of the Senator from Rhode Island, Mr. mous consent to outline what the pro- now pending. REED. Mr. STEVENS. I ask for the yeas and posal is. The clerk will call the roll. It is an important nomination. I be- nays on that amendment. The legislative clerk called the roll. lieve all of us would like to address and The PRESIDING OFFICER. Is there a Mr. MCCONNELL, I announce that vote on the nomination as soon as pos- sufficient second? the Senator from Kansas (Mr. BROWN- sible. We will be conducting that vote There is a sufficient second. BACK) is necessarily absent. The yeas and nays were ordered. tomorrow. Mr. REID, I announce that the Sen- I encourage our colleagues who have Mr. STEVENS. For the information ator from New Mexico (Mr. BINGAMAN), statements to make those tonight, if at of the Senate, this is the LIHEAP the Senator from South Dakota (Mr. all possible. amendment. The statements con- DASCHLE), the Senator from California As in executive session, I ask unani- cerning the amendment will be after— (Mrs. FEINSTEIN), the Senator from mous consent that following the Mr. REED. Madam President, I ask Florida (Mr. GRAHAM), the Senator stacked votes on Wednesday morning, unanimous consent that there be 1 from Iowa (Mr. HARKIN), the Senator the Senate proceed to executive session minute for myself and Senator COLLINS from South Carolina (Mr. HOLLINGS), for the consideration of Calendar No. 1, to explain the amendment. and the Senator from Arkansas (Mrs. the nomination of Tom Ridge to be Mr. STEVENS. Madam President, LINCOLN) are necessarily absent. Secretary of Homeland Security. Fur- that would be in order. I have no prob- I further announce that, if present ther, I ask that the debate time be lim- lem with that. I ask for 1 minute on and voting, the Senator from Cali- ited as follows: Senator DORGAN, 15 each side to explain this amendment. fornia (Mrs. FEINSTEIN) and the Sen- minutes; Senator BYRD, 15 minutes; The PRESIDING OFFICER. Without ator from Arkansas (Mrs. LINCOLN) Senator CARPER, 15 minutes; Senator objection, it is so ordered. would each vote ‘‘aye’’. FEINSTEIN, 10 minutes; Senator LAU- Mr. REED. Madam President, this The PRESIDING OFFICER (Mr. TENBERG, 20 minutes; Senator LIEBER- amendment would direct the President ALEXANDER). Are there any other Sen- MAN, 15 minutes; Senator DASCHLE, 10 to release $300 billion for the Low-In- ators in the Chamber desiring to vote? minutes; and Senator COLLINS to be in come Home Energy Assistance Pro- The result was announced—yeas 88, control of 1 hour and 40 minutes. I fur- gram. It will be offset by using unex- nays 4, as follows: ther ask unanimous consent that fol- pended emergency LIHEAP funds [Rollcall Vote No. 10 Leg.] lowing the use or yielding back of the which were already appropriated in the YEAS—88 debate time the Senate proceed to a 2001 Supplemental Appropriations Act. Akaka Dodd McCain vote on the confirmation of the nomi- Today, as the temperatures freeze, peo- Alexander Dole McConnell nation with no intervening action or Allard Domenici Mikulski ple throughout the country—people in debate; further, that following the the Northeast, the Midwest, many Allen Dorgan Miller Baucus Durbin Murkowski vote, the President be immediately no- parts of the country—are freezing. This Bayh Edwards Murray tified of the Senate’s action and the includes low-income seniors. With ris- Bennett Enzi Nelson (FL) Senate then resume legislative session. ing oil prices, a declining economy, and Biden Feingold Nelson (NE) Bond Fitzgerald Mr. REID. Reserving the right to ob- Pryor cold temperatures, it is the ‘‘perfect Boxer Frist Reed ject, Mr. President, if I could, through storm’’ for those people. We can help Breaux Graham (SC) Reid the Chair, direct a question to the ma- them with this amendment. Bunning Grassley Burns Gregg Roberts jority leader, it is my understanding The amendment will also provide as- Byrd Hagel Rockefeller that the majority leader is contem- sistance to address the scorching heats Campbell Hatch Santorum plating two votes in the morning. of summer in other parts of the coun- Cantwell Hutchison Sarbanes Mr. FRIST. That is correct. try. I urge passing. Carper Inhofe Schumer Mr. REID. And once that consent is Chafee Inouye Shelby I yield the remaining time to my col- Chambliss Jeffords Smith done, it is my understanding we would league Senator COLLINS. Clinton Johnson Snowe have a couple votes, is that right, at The PRESIDING OFFICER. The Sen- Cochran Kennedy Specter 9:15 or 9:30 in the morning. Following ator from Maine. Coleman Kerry Stabenow that, this debate would take place, and Ms. COLLINS. Madam President, Collins Kohl Stevens Conrad Landrieu Sununu we would vote on this matter prior to when I left Maine earlier today, the Cornyn Lautenberg Talent the normal party caucuses; is that forecast was for temperatures with a Corzine Leahy Thomas right? Craig wind chill of 40 below zero tonight. We Levin Voinovich Crapo Lieberman Mr. FRIST. That is correct. I under- Warner are facing a ‘‘perfect storm’’ of exceed- Dayton Lott stand that Senator CARPER may be Wyden ingly cold winter weather, high energy DeWine Lugar willing to use his time tonight. I would prices, and a difficult economy. NAYS—4 encourage others to do so, once the This amendment is a modest amend- Ensign Nickles unanimous consent request is agreed ment with very little budget impact. Kyl Sessions to. Shortly, we will enter into an But it is an amendment that will make NOT VOTING—8 agreement for two stacked votes for to- a real difference in the lives of low-in- Bingaman Feinstein Hollings morrow morning at approximately 9:30. come families in Maine and States Brownback Graham (FL) Lincoln Following those votes, we will begin across the Nation. Daschle Harkin consideration of the Ridge nomination. No one should have to choose be- The amendment (No. 27) was agreed I expect the vote will occur prior to the tween being warm in the winter, buy- to. policy luncheons tomorrow afternoon, ing prescription drugs, or buying the The PRESIDING OFFICER. The ma- as outlined. food they need to remain healthy. This jority leader. The PRESIDING OFFICER. Is there amendment will address the needs of f objection? thousands of low-income families Without objection, it is so ordered. across this Nation so that they will not UNANIMOUS-CONSENT AGREE- Mr. FRIST. Mr. President, I ask be faced with those choices. MENT—EXECUTIVE CALENDAR unanimous consent that the second Madam President, I urge adoption of Mr. FRIST. Mr. President, it was my vote tomorrow morning be a 10-minute the amendment. hope that we could debate and vote on vote.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1239 The PRESIDING OFFICER. Is there million for low-income heating assist- come just paying their home energy objection? ance by designating emergency funds bills. No one should have to choose be- Without objection, it is so ordered. provided in the Supplemental Appro- tween heating their homes or putting Mr. FRIST. Mr. President, I remind priations Act of 2001 as regular-year food on the table, having prescriptions my colleagues that late nights are to funds for fiscal year 2003. in the medicine cabinet, or even stay- be expected for the remainder of this For that reason, our amendment is ing in their homes altogether. week as we continue to work through fiscally responsible. Because these Experience has shown, however, that amendments to the appropriations bill. funds were already made available, our pressures to pay energy bills and the I believe the amendments have been amendment does not increase total inability to pay have resulted in in- filed at this juncture. I look forward to spending in the omnibus appropriations creased medical expenses for our elder- having the opportunity of looking bill. These are funds that were already ly, malnutrition for our children, and through the amendments so we can approved. The effect of our amendment even homelessness. As an indicator of give our colleagues a better idea of the is for this $300 million to be released just how difficult this winter has been schedule over the course of this week. immediately. in my home State, let me tell you that It is my hope we will be able to com- Some might argue that these funds 10,000 more people in Maine have ap- plete the bill this week as early as pos- should not be released unless the Presi- plied for low-income heating assistance sible. I think after looking over the dent declares an emergency. Anyone this year compared to last year. Unfortunately, even as the need has amendments that have been given to who thinks that we don’t currently increased, the amount of assistance has the managers we will have a much bet- have an emergency in home heating as- declined. In Maine, the average house- ter idea in that regard. sistance should visit with a low-income hold benefit has seen a steady decline Mr. President, I ask unanimous con- family in Houlton, ME. Houlton re- over the last four winters. In the win- sent that Senator COLLINS be yielded 10 cently experienced the coldest tem- ter of 1999 to 2000, the average LIHEAP minutes at this juncture. perature of any place in the lower 48 benefit for a Maine family was $491. The PRESIDING OFFICER. Without States. A few days ago, temperatures The next year, it had fallen to $433. By in Houlton were 19 degrees below zero. objection, it is so ordered. last winter, the number had further de- Tonight, the forecast, with windchill, f clined to $358. Fortunately, with the is for the temperature range to be from MAKING FURTHER CONTINUING approval of the Reed-Collins amend- 20 to 40 below in some parts of my ment, we can reverse this decline or at APPROPRIATIONS FOR FISCAL home State. When the temperature is YEAR 2003—Continued least ensure that more Maine families that cold, and you do not have money will be helped; otherwise, low-income The PRESIDING OFFICER. The Sen- in your budget to heat your home, that Maine families struggling to heat their ator from Maine. is an emergency. homes will only receive between $330 Ms. COLLINS. Mr. President, I ask Adding to the problem of exception- and $350 this winter, not nearly enough unanimous consent that the following ally cold winter weather, energy prices to help. Senators be added as cosponsors to the have escalated dramatically. The ces- I would like to say a word about the LIHEAP amendment just adopted: Sen- sation of oil exports from Venezuela, as history of the LIHEAP funds that our ators GRASSLEY, SPECTER, LIEBERMAN, well as the prospect of a war in the amendment addresses. The Supple- KOHL, BAUCUS, and LINCOLN. Middle East, have pushed the price of mental Appropriations Act of 2001 pro- The PRESIDING OFFICER. Without crude oil up by nearly $6 per barrel in vided an extra $300 million in LIHEAP objection, it is so ordered. the last month. Home heating oil in- funds in order to help low income fami- Ms. COLLINS. I thank the Chair. ventories are near 5-year lows, and lies deal with high energy prices. Re- Mr. President, Senator JACK REED prices are 20 percent higher than last port language specifically directed that and I have offered an amendment that winter. The Energy Information Ad- at least $150 million of these funds were provides for the immediate release of ministration predicts that home heat- to be used to address unmet needs re- $300 million in funds for the Low In- ing oil prices could rise 45 percent by sulting from high energy prices. The come Home Energy Assistance Pro- the time winter is over. The price of other half of the money was directed to gram, also known as LIHEAP. natural gas, kerosene, and other fuels be used to meet the most critical needs I thank the chair and ranking mem- are facing similar pressures. arising from energy cost increases and ber of the Labor-HHS Appropriations In addition to a cold winter and high increases in unemployment, among Subcommittee, Senators SPECTER and energy prices, we are also facing dif- other things. HARKIN, for their efforts in support of ficult economic times. Unemployment I have been working for the better this critical program. Despite the ex- has reached an 8-year high. In Maine, part of 2 years to secure the release of tremely difficult fiscal constraints fac- as in many States, low-income and un- these funds. On August 13, 2001, I joined ing our Nation, Senators SPECTER and employed workers are struggling. Just Senator REED, Senator KENNEDY, and a HARKIN have managed to provide $1.7 last week, Great Northern Paper, the number of my colleagues in sending a billion in regular-year LIHEAP funds largest employer in northern Maine, letter to the President requesting the in the Omnibus Appropriations Act. filed for bankruptcy and laid off its release of the very same $300 million in This is $300 million more than the ad- workforce of more than 1,000 employ- emergency funds from the fiscal year ministration’s request. ees. 2001 supplemental appropriations bill. Unfortunately, while the bill before In short, we are facing a ‘‘perfect On September 10, 2001, I again joined us provides more regular LIHEAP storm’’ of high energy prices, exceed- many of my colleagues in sending a let- funds than the administration re- ingly cold weather, and a difficult ter to OMB director Mitch Daniels requested, the total funding, which in- economy. With little prospect for a questing the immediate release of cludes both regular funding and emer- quick resolution of the crises in Iraq these funds. On October 26, 2001, 17 Sen- gency funding, is considerably less and Venezuela, continued forecasts for ators joined Senator REED and me in a than was provided in fiscal year 2002. In a cold winter, and the dubious pros- letter to the Senate Minority and Ma- fact, total LIHEAP funding in this bill pects for a very quick economic re- jority leader requesting legislative lan- falls $300 million below the total fund- bound, all of us living in cold weather guage to require the release of these ing provided in fiscal year 2002. It is climates will face challenges in order funds. On October 30, 2001, I offered an also $300 million below the total funds to heat our homes this winter. amendment to the fiscal year 2002 provided in the Labor-HHS appropria- This combination of factors strains Labor, Health and Human Services ap- tions bill which passed the Senate Ap- everyone’s pocketbook, but, of course, propriations bill expressing the sense propriations Committee on July 18, it places a particular burden on seniors of the Senate that these funds should 2002, by a vote of 29 to 0. living on limited incomes and on our be released immediately. That amend- Mr. President, the amendment that low-income families. These families al- ment was supported by Senators SPEC- Senator REED of Rhode Island and I ready carry a higher energy burden TER and HARKIN and passed the Senate have offered would provide for the im- than most Americans. They can spend as part of the fiscal year 2002 Labor- mediate release of an additional $300 up to 20 or 25 percent of their entire in- HHS bill.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1240 CONGRESSIONAL RECORD — SENATE January 21, 2003 On February 12, 2002, I joined my col- America. According to a recent study, billion every year, and the backlog of league Senator SNOWE in sending a let- 14 percent of families pay over half of needed capital repairs is over $20 bil- ter to the President again requesting their income in rent or live in sub- lion. If we do not adequately fund the the release of these same funds. On standard housing. The significant gap Public Housing Capital Fund, this September 23, 2002, Senator REED and I between the wages of low-income work- backlog will continue to grow, threat- were joined by Senator SPECTER, Sen- ers and housing costs makes evident ening the homes of 1.5 million Amer- ator HARKIN, and 35 of our colleagues in that housing assistance is necessary ican families and the Federal Govern- a letter to the President requesting the for many working families. On average, ment’s substantial investment in this release of $200 million in emergency a family in this country needs to earn housing. funds that were made available as part almost $15 an hour to afford a modest While I strongly oppose the cuts in of the fiscal year 2002 Labor-HHS Ap- two-bedroom apartment. This is almost the public housing program, there are propriations Bill. These funds expired three times the minimum wage. some important provisions contained without ever being spent. Finally, on When millions of American families in this bill that I wholeheartedly sup- December 23, 2002, half of our col- are unable to afford decent and safe port. This bill fixes a serious problem leagues joined Senator REED and me in housing, the consequences are serious created by the House Committee and sending a letter to the administration and far-reaching. When children do not ensures that Section 8 housing vouch- requesting a total of $2 billion in fiscal have stable home environments, their ers, a critical housing resource, are not year 2003 funding—which is the same health suffers as does their educational lost. The House appropriations bill, amount made available by combining attainment. In addition, housing as- H.R. 5605, will result in the immediate the $300 million in my amendment with sistance can help people transition loss of over 125,000 vouchers and will the $1.7 billion already in the bill. from welfare to work. Recent studies lead to the continued loss of housing The LIHEAP program is essential in have found that people leaving welfare vouchers over time. Though the bill be- helping many low-income families get who receive housing assistance retain fore us today cuts funding from the through the winter months. This has employment for longer and make more voucher program, it does so in a way been an unusually cold winter. This than those who do not receive such as- that guarantees that all vouchers in has been a year where home heating sistance. Unfortunately, this bill does use will be funded, and ensures that prices have soared. This has been a not do enough to ensure that working housing authorities can serve as many year where the economy has been dif- and elderly families in this country can families as possible with the vouchers ficult. The combination of those three afford safe and decent housing. they are allocated. This is an impor- factors calls out for us to provide this Just last week, HUD announced that tant provision, and I want to commend housing authorities around the country additional assistance. Senators BOND and MIKULSKI for in- I am very pleased that our colleagues will be facing drastic cuts in their op- cluding this in the HUD/VA appropria- have joined together with an over- erating funding. These cuts are due to tions bill. whelming vote. I hope very much this HUD’s error in estimating public hous- I am also pleased that the Senate re- provision will be retained in the final ing needs. Because of HUD’s mistake, tains $100 million in interest reduction conference report. there was a $250 million shortfall in the payments for housing uses. Unfortu- Mr. President, I yield back the re- operating fund in fiscal year 2002. Upon nately, the House bill complies with mainder of my time. learning of this shortfall, HUD indi- the administration’s request to rescind Mr. SARBANES. Mr. President, I cated that it would seek additional this $100 million which should be used come to the floor today to talk about funding from Congress. Unfortunately, to rehabilitate affordable housing. the HUD/VA appropriations bill con- HUD never asked for these funds. In- Given the great need for housing tained in the omnibus package cur- stead, HUD will use fiscal year 2003 around the country, it is remarkable rently under consideration by the Sen- funds; to make up for the shortfall. that we would rescind funding which ate. I want to commend Senators MI- This means that we are starting out could be used to increase housing op- KULSKI and BOND for recognizing the with a $250 million cut in the program portunities. The Senate bill rightly re- importance of providing Americans this year. This cut will leave housing quires that HUD use these funds to with the opportunity to live in decent, authorities with no choice but to scale modernize affordable housing. Unfortu- safe, and affordable housing. However, back their programs, lay off staff and nately, HUD has refused to take any despite their efforts, housing programs put off needed repairs. action to use these IRP funds for their suffer from a lack of adequate funding HUD should request, and we should intended purpose, and I urge HUD to in this bill. provide additional funding to make The Appropriations Committee faced sure that families in public housing are quickly comply with congressional in- tough choices in revising their fiscal adequately housed. In addition, HUD tent and distribute these needed dol- year 2003 bills, due to the decision to must provide as much funding as pos- lars. cut domestic programs substantially sible to PHAs under the current budget Affordable, stable housing is the bed- across the board. Senate appropria- situation. Housing authorities are cur- rock of stable, vibrant communities. tions were forced to cut almost $10 bil- rently receiving only 70 percent of Unfortunately, too many Americans lion from their earlier spending deci- their funding. This is an unnecessary find themselves in precarious housing sions for fiscal year 2003. More than $1 and irresponsible cut. Even assuming a situations in neighborhoods of despair. billion of this cut comes from critical loss of $250 million from fiscal year 2003 The continued cuts to housing pro- housing programs. While the Senate funds, HUD should be able to provide at grams supported by the current admin- bill before us today is far superior to least 90 percent of operating costs to istration will hurt the millions of the House appropriations bill, it does public house authorities. If HUD in- Americans who live in public housing not provide adequate resources. Now is tends to fund public housing at higher or received housing vouchers, and the not the time to cut $1 billion from the levels later in the year, as they have millions more Americans who are in social safety net. Over 100,000 people announced, they should do so now, need of housing assistance. These cuts lost their jobs last month, and unem- thereby helping PHAs avoid unneces- will be felt all around the country. I ployment continues to be high. Work- sarily cutting off assistance to needy hope that the administration will rec- ing families deserve our support, and families. ognize this and the growing housing instead of providing it to them, we con- In addition to under-funding the pub- needs around the country and I urge tinue to cut programs that help people lic housing operating account, the HUD them to fully fund Federal housing pro- provide for their families. appropriations bill cuts $160 million grams in the fiscal year 2004 budget. I While the administration is asking us from the Public Housing Capital Fund, am also hopeful that the Senate bill, to provide a tax cut of $674 billion, pri- which is used to repair and modernize which ensures the viability of the hous- marily for the wealthiest Americans, public housing. Over 1.5 million fami- ing voucher program, prevails at con- over $1 billion in funding is being cut lies reside in public housing, housing ference with the House. from programs that help low-income that is generally safe and decent. How- DEMOCRACY PROGRAMS families afford housing. The problem of ever, this older housing stock is in Mr. MCCONNELL. Mr. President, the affordable housing has become a crisis need of constant maintenance. Capital ranking member of the Foreign Oper- for many working families all across needs in public housing grow by $2.3 ations Subcommittee and I intended to

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1241 include the following section in the re- I will always be especially grateful tion’s effort to secure our total transport accompanying the FY 2003 Foreign for a breakfast Governor Ridge came to portation system. Operations, Export Financing, and Re- almost 20 years ago. I had just been In New York City today, hundreds of lated Programs appropriations bill. I elected the at large Congressman from thousands of people on their way to ask unanimous consent that it be Delaware and ended the campaign with work pass through tunnels that are printed in the RECORD following the re- a little bit of debt. We decided to have badly lit, poorly ventilated, and from marks of the Senator from Vermont. a fundraising breakfast to help take which escape is very difficult. In fact, The PRESIDING OFFICER. Without care of the debt, and Senator BIDEN, there is even a rail tunnel that goes objection, it is so ordered. then the junior Senator from Delaware, under the Supreme Court and congres- (See exhibit 1.) was good enough to come and speak at sional offices just a couple of hundred Mr. LEAHY. My friend from Ken- our breakfast. We had a whole host of yards from where we are gathered this tucky and I agreed to include this sec- Democratic colleagues from the House, evening. Every day thousands of people tion in the report, but we regret that it new freshmen who wanted to show pass through that tunnel under this was not included before the report hit their support for their new colleague. Capitol on their way to work or to the printing presses. It is our hope and One Republican stopped by that break- home. expectation that it be considered as if fast, and it was the freshman Congress- Passenger safety demands a real in- included in the fiscal year 2003 Foreign man from Erie, PA. vestment, but to ask Amtrak to do Operations report, as originally printed I will always be grateful for that ap- more with respect to security without in the RECORD last week. pearance and for the friendship that providing more resources is, in my EXHIBIT 1 has spanned some 20 years. I will be view, an unfunded mandate, not a solu- DEMOCRACY OVERSIGHT AND COORDINATION pleased to vote with my colleagues and tion. I thank Governor Ridge for under- The Committee strongly supports pro- join, I suspect all of them, in making standing the importance of improving grams and activities that advance democ- him a unanimous choice for Secretary rail security, not just for passenger rail racy and freedom abroad, and has included of the Department of Homeland Secu- but for freight rail as well. funding in this Act for specific democracy rity. I also thank Governor Ridge for ac- programs it believes are important to United While I believe Governor Ridge is knowledging at our hearing last week States security interests. The Committee be- more than qualified for the job, the that Amtrak is likely to need some ad- lieves that democracy promotion abroad can ditional financial assistance, if it is ex- be an effective bulwark against terrorism, if task he faces is daunting. Congress has properly established and implemented. given him a Department that at least pected to make the security enhance- However, the Committee remains con- on paper should be able to prevent and ments that need to be made. cerned with the inconsistent application of respond to terrorist attacks more effec- Let me also touch on the matter of democracy programs by State and USAID, tively than Federal Government and first responders. States and localities and the apparent lack of coordination of State governments can today. We have are in desperate need of additional new these programs within, and between, the authorized the transfers of literally resources to help prepare their police, agencies. For example, while the Committee dozens of agencies and tens of thou- their fire, and emergency personnel for applauds State’s comprehensive review of any future terrorist attacks. At the Middle East democracy programs, it is per- sands of workers. We have outlined a plexed by its lack of leadership and support skeleton organization that should be same time, most State and local gov- for the advancement of democracy in Burma. able to pull together under one roof in- ernments are suffering through ex- In order to address these concerns, the formation on threats and traordinary fiscal crises that are forc- Committee recommends that State and vulnerabilities and to use that infor- ing some to raise taxes or cut services. USAID jointly conduct a comprehensive re- mation to improve security and better We see that in Delaware, in Tennessee, view of democracy programs, and consider prepare our first responders. and a host of other States as well. centralizing oversight and coordination Very little of what we have outlined, I am disappointed that the omnibus within the Bureau of Democracy, Human appropriations bill on the floor this Rights, and Labor. The Committee will re- though, will be in place on day 1, and view the progress made in this endeavor as it day 1 is tomorrow for all intents and evening and today and again tomorrow considers action on the fiscal year 2004 for- purposes. A number of outstanding probably does not provide State and lo- eign operations appropriations bill. questions remain. Both in the Com- calities with the level of first re- f mittee on Governmental Affairs where sponder aid that they need. In the fu- I serve and on the Senate floor, we ture, I hope Governor Ridge, soon to be NOMINATION OF GOVERNOR RIDGE have had a healthy debate over the de- Secretary Ridge, and our colleagues in Mr. CARPER. Mr. President, appar- tails of how the transition to a new De- Congress and the President will heed ently within the next 24 hours we will partment of Homeland Security should the calls from back home for more first have the opportunity to vote on the work. I know some of my colleagues responder aid. President’s nominee to head our new are uncomfortable with what we have. I also hope Governor Ridge works Department of Homeland Security. The I have a few concerns of my own. quickly in the coming weeks to set up President has made an excellent That being said, I think it is impor- a communications link between the choice. It is hard for me to imagine a tant now that we put aside our dis- new Department and first responders better choice to undertake this respon- agreements and do what we need to do so their needs can be heard and infor- sibility than Governor Ridge. to enable this Department to do what mation on what they need to do to pro- Twenty years ago this month, Gov- it needs to do, to protect American tect their communities makes its way ernor Ridge and I stood with about 80 lives. down to them. other freshmen Congressmen and Let me take a few minutes to discuss When the Committee on Govern- women at the other end of this building a couple of the issues I hope Governor mental Affairs first marked up the and raised our right hand and took an Ridge will address early on during his Homeland Security Act and again when oath of office to defend our Constitu- tenure as Secretary of this Depart- a modified version of the bill reached tion and country. He and I then served ment. the floor, Senators COLLINS and FEIN- together in the House for the next 10 First, let me touch on the subject of GOLD and I offered an amendment to years and actually helped to lead one rail security. Now that the Transpor- create an office of State and local co- of the Banking Committee subcommit- tation Security Administration has for ordination within the new Department. tees as ranking Democrat and Repub- the most part achieved the goals we set That would place a homeland security lican. for them, it is time for them and for liaison office within each State. Our Later we served as Governors in the the Department of Homeland Security language, unfortunately, was not in- neighboring States of Pennsylvania to focus on other modes that have re- cluded in the final bill, but I do hope and Delaware. Even before we came to ceived less attention, especially rail. Governor Ridge will consider setting Washington, we served in the Armed As I said before, our failure more than up something like what we rec- Forces of our country where he served a year after September 11 to act to im- ommended once this new Department with real distinction in the U.S. Army prove the security of our rail infra- is in place and he and his employees during the Vietnam war. structure is an Achilles’ heel in our Na- have gotten their sea legs.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1242 CONGRESSIONAL RECORD — SENATE January 21, 2003 I want to close with some comments MORNING BUSINESS While I hate to see Jennifer leave, on relations with employees. A matter Mr. MCCONNELL. Mr. President, I the good news is that she is only mov- that held up final passage of this legis- ask unanimous consent that the Sen- ing across the hall to the Defense Sub- lation when we created the new De- ate be in a period of morning business committee. I hope that Senators STE- partment last month was really rela- and that Senators be permitted to VENS and INOUYE will not mind if we tions with employees, what kinds of speak therein for up to 10 minutes borrow her from time to time. rights they have under the collective each. f bargaining laws and under the merit The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS rules of the civil service rules of our objection, it is so ordered. country. f Recently, ADM James Loy, head of TRIBUTE TO UCONN HUSKIES the Transportation Security Adminis- LOCAL LAW ENFORCEMENT ACT WOMEN’S BASKETBALL RECORD- tration—I am told a very able person— OF 2001 BREAKING STREAK used the authority Congress granted Mr. SMITH. Mr. President, I rise ∑ him under the airline security legisla- Mr. LIEBERMAN. Mr. President, it today to speak about the need for hate is my pleasure to rise in tribute to the tion we passed after September 11 to crimes legislation. In the last Congress forbid airport screeners from joining University of Connecticut Huskies Senator KENNEDY and I introduced the women’s basketball team, which on unions. He cited his view that the Local Law Enforcement Act, a bill that screeners perform sensitive national Saturday, January 18th made Division would add new categories to current I history by winning their 55th con- security work as the reason for his de- hate crimes law, sending a signal that cision. secutive game. In doing so, they sur- violence of any kind is unacceptable in passed the 54-game streak set by Vir- The admiral’s decision may or may our society. not have been the right one. Whether it ginia Tech between 1980 and 1982 and I would like to describe a terrible delighted fans all across my state. was or not, it has not done much to im- crime that occurred May 3, 2001 in Los prove relations between the adminis- Fifty-five straight wins would be an Angeles, CA. An African-American man incredible accomplishment in any tration and thousands of unionized em- was shot by an Hispanic man, Carlos ployees who are being transferred to sport at any time. But it’s especially Garcia. Garcia shot and critically impressive in women’s college basket- this new Department, who perform wounded the victim after telling him work just as sensitive as—or in some ball today because this is an era of true that he ‘‘did not like black men associ- parity in the sport. There are so many cases even more sensitive than—that ating with Hispanic women,’’ according performed by the screeners. strong teams able to compete with and, to police. After the incident, the gun- on any given night, beat a great team As he works with the Office of Per- man hijacked a bus and caused a dead- sonnel Management to develop a like the Huskies. But the Huskies keep ly crash as he was fleeing from police. on working, and they keep on winning, human resources management system I believe that Government’s first for this new Department, I urge Gov- at home and on the road, in blowouts duty is to defend its citizens, to defend and in squeakers. Sometimes they win ernor Ridge to work swiftly to repair them against the harms that come out the strained relationship between the with defense. Sometimes with three- of hate. The Local Law Enforcement point shooting. Sometimes with pure administration and the public employ- Enhancement Act is a symbol that can ees’ union. He will benefit by doing hustle. But they always find a way. become substance. I believe that by It’s no wonder the Huskies have an that, the employees of that Depart- passing this legislation and changing ment will benefit, and I believe our Na- admirer in legendary UCLA coach John current law, we can change hearts and Wooden, whose UCLA men’s basketball tion will, too. minds as well. Mr. President, I suggest the absence teams in the early 1970’s set an all-time of a quorum. f Division I record with 88 straight wins. The PRESIDING OFFICER. The Coach Wooden said of what the Huskies TRIBUTE TO JENNIFER have accomplished, ‘‘It’s a tremendous clerk will call the roll. CHARTRAND The legislative clerk proceeded to feat in any era. I think they play the call the roll. Mr. LEAHY. Mr. President, I rise pure game, more so than the men. The today to pay tribute to Ms. Jennifer best college basketball in my opinion Mr. MCCONNELL. Mr. President, I ask unanimous consent that the order Chartrand, who is leaving the Repub- is played by the better women’s for the quorum call be rescinded. lican staff of the Foreign Operations teams.’’ The PRESIDING OFFICER. Without Subcommittee. Of course, last year the very best objection, it is so ordered. Jennifer hails from Brooklyn and team in the nation was UConn, which graduated from Fordham University. racked up a perfect 39–0 season en f She began her career in the Senate route to the national championship. with the Ethics Committee and went The players on that team—led by All- UNANIMOUS CONSENT on to become a legislative assistant for American seniors Sue Bird, Tamika AGREEMENT—H.J. RES. 2 Senator CONRAD BURNS. Jennifer’s next Williams, Swin Cash and Asjha Jones— Mr. MCCONNELL. Mr. President, I move was to join the Foreign Oper- built the bulk of this record streak. ask unanimous consent that at 9:20 ations Subcommittee, where my staff And this season, a team led by All- a.m. on Wednesday, the Senate resume members got to know her well. She American junior Diana Taurasi and consideration of the Inhofe amendment served both in the majority and the mi- many terrific young players is in the No. 86, and it be modified in order to be nority and was a valuable source of in- hunt for the championship again. a first-degree amendment; further, I stitutional knowledge on a range of There will be tons of tough games to ask unanimous consent that there be 10 issues. play. Just this Monday, January 20th, minutes for debate equally divided be- While she was a tenacious fighter for they matched up against Notre Dame tween Senators INHOFE and EDWARDS; I Republican priorities, she always and extended the streak to 56. And on further ask consent that following the worked for good ideas, irrespective of February 1st, they will play Duke, now use or yielding back of time, the Sen- which Senator came up with it. Per- ranked first in the country. ate proceed to a vote in relation to the haps most importantly, she always Mr. President, competition isn’t Inhofe amendment, to be followed im- fought for the institutional preroga- about perfection. It’s about persever- mediately by a vote in relation to the tives of both the Appropriations Com- ance. I’m reminded of the words of Mi- Edwards amendment No. 67, with no mittee and the Senate as a whole. Jen- chael Jordan, who said, ‘‘I have missed amendments in order to either amend- nifer also recently staffed a congres- more than 9,000 shots in my career. I ment prior to that vote. sional delegation to Europe which I have lost almost 300 games. On 26 occa- Mr. REID. I have no objection. was a part of. I truly appreciate all of sions I have been entrusted to take the The PRESIDING OFFICER. Without her hard work in putting together that game winning shot . . . and I missed. I objection, it is so ordered. trip. have failed over and over and over

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1243 again in my life. And that’s precisely It is clear that Bill Rosendahl de- Environmental Protection Agency, transmit- why I succeed.’’ So even if—if—the serves our warmest wishes on this spe- ting, pursuant to law, the report of a rule en- team should lose someday, the real cial occasion. Because of Bill’s work, titled ‘‘Approval and Promulgation of Air measure of their character will be how Californians are more informed about Quality Implementation Plans; Maryland; Revision to the Control of Volatile Organic they bounce back, what they learn, issues facing our State, Nation and Compound emissions from Screen Printing how they become an even better team world. He provides a forum for an en- and Digital Imaging (FRL7420–8)’’ received because of it. gaging exchange of ideas, perspectives on January 10, 2003; to the Committee on En- So much of the credit for this team’s and outlooks on the future. I am cer- vironment and Public Works. success goes to coach Geno Auriemma, tain that the next 15 years will be just EC–575. A communication from the Acting who has built the best program in the as exciting as the first.∑ Principle Deputy Associate Administrator, Environmental Protection Agency, transmit- Nation during his 18 years in Storrs. f Assistant Coach Chris Dailey has also ting, pursuant to law, the report of a rule en- played a pivotal part in the remarkable MESSAGES FROM THE PRESIDENT titled ‘‘Approval and Promulgation of Air Quality Implementation Plans; Pennsyl- run. The Huskies have won three na- Messages from the President of the vania; Sulfur Dioxide attainment Dem- tional championships over the last 7 United States were communicated to onstration for the Warren county Nonattain- years. They have made 14 straight the Senate by Ms. Evans, one of his ment Area Permit Emission Limitations for NCAA tournament appearances and secretaries. Two Individual Sources in Warren County won a combined 23 Big East regular f (FRL7421–1)’’ received on January 10, 2003; to and tournament championships. Over the Committee on Environment and Public the last 3 years, they’ve amassed an as- EXECUTIVE MESSAGES REFERRED Works. tounding 123–4 record. As in executive session the PRE- EC–576. A communication from the Acting I wish them luck in the weeks and SIDING OFFICER laid before the Sen- Principle Deputy Associate Administrator, Environmental Protection Agency, transmit- months to come as they seek to extend ate messages from the President of the ting, pursuant to law, the report of a rule en- the streak further. This has been a United States submitting sundry nomi- titled ‘‘Approval and Promulgation of Imple- month of history in women’s college nations which were referred to the ap- mentation Plans; Oregon (FRL7429–5)’’ re- basketball. Tennessee coach Pat Sum- propriate committees. ceived on January 10, 2003; to the Committee mit just won her 800th game—and the (The nominations received today are on Environment and Public Works. Huskies won their 55th straight vic- printed at the end of the Senate pro- EC–577. A communication from the Chair- tory. It is a golden time for the sport, ceedings.) man, Federal Accounting Standards Advi- and for all the fans who love it.∑ sory Board, transmitting, pursuant to law, f the report entitled ‘‘Eliminating the Cat- f EXECUTIVE AND OTHER egory National Defense Property, Plant and BILL ROSENDAHL’S 15TH ANNIVER- COMMUNICATIONS Equipment’’; to the Committee on Govern- SARY AS A HOST AND PRO- mental Affairs. The following communications were EC–578. A communication from the Direc- DUCER AT ADELPHIA laid before the Senate, together with tor, Office of Personnel Management, trans- ∑ Mrs. BOXER. Mr. President, I rise accompanying papers, reports, and doc- mitting, pursuant to law, the report entitled today in honor of Bill Rosendahl, who uments, which were referred as indi- ‘‘Federal Managers’ Financial Integrity Act has just marked his 15th anniversary of cated: Report—2002’’; to the Committee on Govern- mental Affairs. producing a variety of shows for EC–570. A communication from the Acting Adelphia Communications. I would like EC–579. A communication from the Chair- Principle Deputy Associate Administrator, man, Occupational Safety and Health Review to take a few moments to recognize Environmental Protection Agency, transmit- Commission, transmitting, pursuant to law, Bill’s many successes. ting, pursuant to law, the report of a rule en- the report relative to the compliance of the I have been a guest on Bill’s shows titled ‘‘Approval and Promulgation of Air Commission with the Inspector General Act many times. Recently I appeared on his Quality Implementation Plans; Maryland; of 1978 (IG Act) and the Federal Managers’ ‘‘One-on-One’’ interview program and Motor Vehicle Inspection and Maintenance Financial Integrity Act (FMFIA); to the enjoyed a discussion with Bill ranging Program—Request for Delay in the Incorpo- Committee on Governmental Affairs. from the possible war in Iraq to our ration of On-Board Diagnostics Testing EC–580. A communication from the Chief (FRL7436–9)’’ received on January 10, 2003; to Executive Officer, Corporation for National Nation’s environment and energy poli- the Committee on Environment and Public cies. Bill is extremely knowledgeable & Community Service, transmitting, pursu- Works. ant to law, the report of the Inspector Gen- about issues facing our Nation and EC–571. A communication from the Acting eral’s Semi-Annual Report to Congress cov- world. His questions are intelligent, in- Principle Deputy Associate Administrator, ering the six month period from April 1, 2002 sightful, and penetrating. Environmental Protection Agency, transmit- through September 30, 2002 along with the Since 1987, Bill has produced 2,600 ting, pursuant to law, the report of a rule en- Corporation’s Report on the Final Action; to shows. For 15 years, viewers have tuned titled ‘‘Approval and Promulgation of Imple- the Committee on Governmental Affairs. in to watch interviews with leaders in- mentation Plans; Florida: Approval of Revi- EC–581. A communication from the Sec- cluding former Vice President Al Gore, sions to the Florida State Implementation retary of the Interior, transmitting, pursu- Plan (FRL7439–2)’’ received on January 10, ant to law, the Semiannual Report of the Of- my colleague Senator DIANNE FEIN- 2003; to the Committee on Environment and fice of the Inspector General for the Depart- STEIN, California Governor Gray Davis, Public Works. ment of Interior covering the 6-month period Prince El Hassan Bin Talal of Jordan, EC–572. A communication from the Acting of April 1, 2002 through September 30, 2002; to and former Prime Minister of Israel Principle Deputy Associate Administrator, the Committee on Governmental Affairs. Ehud Barak. Environmental Protection Agency, transmit- EC–582. A communication from the Attor- In addition to his role at Adelphia, ting, pursuant to law, the report of a rule en- ney General, transmitting, pursuant to law, Bill serves as Chairman of the Cali- titled ‘‘Approval and Promulgation of Imple- the Attorney General’s Semiannual Manage- fornia Cable Telecommunications As- mentation Plans; Idaho Designation of Areas ment Report to Congress: April 1, 2002 to sociation, Chairman of the California for Air Quality Planning Purpose: Idaho September 30, 2002 and the Office of the In- Commission on Tax Policy in the New (FRL7422–3)’’ received on January 10, 2003; to spector General Semiannual Report to Con- the Committee on Environment and Public Economy, and on boards of the Cali- gress for April 1, 2002 to September 30, 2002; Works. to the Committee on Governmental Affairs. fornia Channel and Cable Positive. EC–573. A communication from the Acting EC–583. A communication from the Dis- Prior to his career in the cable indus- Principle Deputy Associate Administrator, trict of Columbia Auditor, transmitting, the try, Bill Rosendahl was a White House Environmental Protection Agency, transmit- report entitled ‘‘Certification of the Fiscal appointee to the State Department as ting, pursuant to law, the report of a rule en- Year 2003 Revenue Estimate in Support of Chief of Operations for the U.S. Trade titled ‘‘Approval and Promulgation of Air the District’s $374,200,000 Multimodal Gen- and Development Program and an asso- Quality Implementation Plans; Common- eral Obligation Bonds (Series 2002A and ciate in philanthropic work for John D. wealth of Pennsylvania; Control of Volatile 2002B)’’; to the Committee on Governmental Rockefeller III. He has been involved in Organic Compounds From Solvent Cleaning Affairs. Operations (FRL7437–5)’’ received on January EC–584. A communication from the Sec- many presidential, gubernatorial, and 10, 2003; to the Committee on Environment retary of Education, transmitting, pursuant senatorial campaigns. Bill has also and Public Works. to law, the report of the twenty-seventh traveled to more than 50 countries EC–574. A communication from the Acting Semiannual Report to Congress on Audit throughout the world. Principle Deputy Associate Administrator, Follow-Up, covering the period from April 1,

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1244 CONGRESSIONAL RECORD — SENATE January 21, 2003 2002 to September 30, 2002; to the Committee rollover requirement (Rev. Proc. 2003–7)’’ re- for U.S.-Made End Products (DFARS Case on Governmental Affairs. ceived on January 10, 2003; to the Committee 2002–D008)’’ received on January 10, 2003; to EC–585. A communication from the Inspec- on Finance. the Committee on Armed Services. tor General, Department of Housing and EC–597. A communication from the Chief, EC–608. A communication from the Assist- Urban Development, transmitting, pursuant Regulations Unit, Internal Revenue Service, ant Director, Executive & Political Per- to law, the report relative to the inventory Department of the Treasury, transmitting, sonnel, Department of Defense, transmit- of commercial activities for the year 2002; to pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a nomi- the Committee on Governmental Affairs. ‘‘Private Foundation Transfer of Assets nation confirmed for the position of Deputy EC–586. A communication from the Direc- (Rev. Rul. 2003–13)’’ received on January 10, Under Secretary of Defense for Personnel & tor, Office of Personnel Management, trans- 2003; to the Committee on Finance. Readiness, received on January 9, 2003; to the mitting, pursuant to law, the report relative EC–598. A communication from the Chief, Committee on Armed Services. to the plan describing the new strategic Regulations Unit, Internal Revenue Service, EC–609. A communication from the Direc- goals, objectives, strategies and measures for Department of the Treasury, transmitting, tor, Regulations Policy and Management, fiscal years 2002–2007; to the Committee on pursuant to law, the report of a rule entitled Department of Health and Human Services, Governmental Affairs. ‘‘Qualified Census Tracts—2003 (Rev. Proc. transmitting, pursuant to law, the report of EC–587. A communication from the admin- 2003–15)’’ received on January 10, 2003; to the a rule entitled ‘‘Medical Devices; Classifica- istrator, National Aeronautics and Space Ad- Committee on Finance. tion for Medical Washers and Medical Wash- ministration, transmitting, pursuant to law, EC–599. A communication from the Chief, er-Disinfector (Doc. No. 01N–0339)’’ received the report of the Semiannual Report of the Regulations Unit, Internal Revenue Service, on January 10, 2003; to the Committee on Inspector General of NASA for the period Department of the Treasury, transmitting, Health, Education, Labor, and Pensions. ending September 30, 2002; to the Committee pursuant to law, the report of a rule entitled EC–610. A communication from the Direc- on Governmental Affairs. ‘‘Indian Tribal Government Trusts for Mi- tor, Regulations Policy and Management, EC–588. A communication from the Chair- nors (Rev. Proc. 2003–14)’’ received on Janu- Department of Health and Human Services, man, National Mediation Board, transmit- ary 10, 2003; to the Committee on Finance. transmitting, pursuant to law, the report of ting, pursuant to law, the report of the Na- EC–600. A communication from the Chief, a rule entitled ‘‘Medical Devices, Reclassi- tional Mediation Board Documentation of Regulations Unit, Internal Revenue Service, fication of the Cutaneous Carbon Dioxide Management Control Plan; to the Com- Department of the Treasury, transmitting, and the Cutaneous Oxygen Monitor (Doc. No. mittee on Governmental Affairs. pursuant to law, the report of a rule entitled 01N–0576)’’ received on January 10, 2003; to EC–589. A communication from the Chief ‘‘1259 Reestablished Positions (Rev. Rul. the Committee on Health, Education, Labor, Judge, Superior Court of the District of Co- 2003–1, 2003–3 I.R.B.l,(01–21–2003)[RR–144425– and Pensions. lumbia, transmitting, pursuant to law, the 02]’’ received on January 10, 2003; to the Com- EC–611. A communication from the Acting report on the District of Columbia Courts’ mittee on Finance. Assistant General Counsel for Regulations, Master Plan for Facilities, including the EC–601. A communication from the Chief Office of the General Counsel, Office of Spe- Family Court and on the Family Court’s use Counsel, Bureau of the Public Debt, Fiscal cial Education and Rehabilitative Services, of Newly appointed magistrate judges in Service, Department of the Treasury, trans- Department of Education, transmitting, pur- child abuse and neglect matters; to the Com- mitting, pursuant to law, the report of a rule suant to law, the report of a rule entitled mittee on Governmental Affairs. entitled ‘‘31 CFR parts 321, 351, 352, 353, 359, ‘‘Rehabilitative Training: Rehabilitation EC–590. A communication from the Direc- 360, Offerings of United States Savings Long-Term Training Program—Vocational tor, Office of Surface Mining, Department of Bonds, Series EE, HH and I; Regulations Rehabilitation Counseling (RIN1820–ZA16)’’ the Interior, transmitting, pursuant to law, Governing United States Savings Bonds, Se- received on January 10, 2003; to the Com- the report of a rule entitled ‘‘Kentucky Reg- ries EE, HH, and I; Payments by Banks and mittee on Health, Education, Labor, and ulatory Program (KY–234–FOR)’’ received on Other Financial Institutions of the United Pensions. January 11, 2003; to the Committee on En- States Savings Bonds and United States Sav- EC–612. A communication from the Acting ergy and Natural Resources. ings Notes (Freedom Shares)’’ received on Deputy Associate Administrator, Environ- EC–591. A communication from the Direc- January 14, 2003; to the Committee on Fi- mental Protection Agency, transmitting, tor, Office of Surface Mining, Department of nance. the Interior, transmitting, pursuant to law, EC–602. A communication from the Regula- pursuant to law, the report of a rule entitle the report of a rule entitled ‘‘Kentucky Reg- tions Coordinator, Department of Health and ‘‘Extension of Tolerances for Emergency Ex- ulatory Program (KY–240–FOR)’’ received on Human Services, transmitting, pursuant to emptions (Multiple Chemical) (FRL7284–8)’’ January 11, 2003; to the Committee on En- law, the report of a rule entitled ‘‘Medicare received on January 10, 2003; to the Com- ergy and Natural Resources. and Medicaid Programs; Fire and Safety Re- mittee on Agriculture, Nutrition, and For- EC–592. A communication from the Direc- quirements for Certain Health Care Facili- estry. tor, Office of Surface Mining, Department of ties (RIN0938–AK35)’’ received on January 11, EC–613. A communication from the Fi- the Interior, transmitting, pursuant to law, 2003; to the Committee on Finance. nance Specialist, Rural Utilities Service, De- the report of a rule entitled ‘‘Oklahoma Reg- EC–603. A communication from the Chair- partment of Agriculture, transmitting, pur- ulatory Program (OK–028–FOR)’’ received on man, Medicare Payment Advisory Commis- suant to law, the report of a rule entitled January 11, 2003; to the Committee on En- sion, transmitting, pursuant to law, the re- ‘‘Rural Empowerment Zones and Enterprise ergy and Natural Resources. port relative to Medicare+Choice organiza- Communities (RIN0503-AA20)’’ received on EC–593. A communication from the Assist- tions; to the Committee on Finance. January 11, 2003; to the Committee on Agri- ant Secretary for Administration and Man- EC–604. A communication from the Sec- culture, Nutrition, and Forestry. agement, Department of Labor, transmit- retary of the Navy, transmitting, pursuant EC–614. A communication from the Acting ting, pursuant to law, the report of the De- to law, the report relative to the Cessation Director, Office of Regulatory Law, Veterans partment of Labor’s Alternative Fuel Vehi- of Training at Vieques Naval Training Benefits Administration, Department of Vet- cles (AFV) Reports for Fiscal Years 1999–2001; Range; to the Committee on Armed Services. erans Affairs, transmitting, pursuant to law, to the Committee on Energy and Natural Re- EC–605. A communication from the Prin- the report of a rule entitled ‘‘Extension of sources. ciple Deputy, Personnel and Readiness, Of- the Presumptive Period for Compensation EC–594. A communication from the Presi- fice of the Under Secretary of Defense, De- for Gulf War Veterans’ Undiagnosed Illnesses dent of the United States, transmitting, pur- partment of Defense, transmitting, pursuant (RIN2900–AK98)’’ received on January 10, suant to law, the report relative to the in- to law, the annual report describing host na- 2003; to the Committee on Veterans’ Affairs. tent of the President to add Afghanistan to tion laws and treaty obligations of the EC–615. A communication from the Deputy the list of least-developed beneficiary devel- United States, and the conditions within General Counsel, Veterans Health Adminis- oping countries under the Generalized Sys- host nations, that necessitate restrictions on tration, Department of Veterans Affairs , tem of Preferences (GSP); to the Committee purchases in overseas commissaries and ex- transmitting, pursuant to law, the report of on Finance . change stores; to the Committee on Armed a rule entitled ‘‘Health Care for Certain Chil- EC–595. A communication from the Chief, Services. dren of Vietnam Veterans—Covered Birth Regulations Unit, Internal Revenue Service, EC–606. A communication from the Direc- Defects and Spina Bifida (RIN2900–AK88)’’ re- Department of the Treasury, transmitting, tor, Defense Procurement and Acquisition ceived on January 10, 2003; to the Committee pursuant to law, the report of a rule entitled Policy, Department of Defense, transmit- on Veterans’ Affairs. ‘‘Revenue Ruling 2003–9—Bureau of Labor ting, pursuant to law, the report of a rule en- EC–616. A communication from the Pro- Statistics Price Indexes for Department titled ‘‘Extension of DoD Pilot Mentor-Pro- gram Analyst, Federal Aviation Administra- Stores—November 2002’’ received on January tege Program (DFARS Case 2002–DO29)’’ re- tion, Department of Transportation, trans- 10, 2003; to the Committee on Finance. ceived on January 10, 2003; to the Committee mitting, pursuant to law, the report of a rule EC–596. A communication from the Chief, on Armed Services. entitled ‘‘Airworthiness Directives: Univair Regulations Unit, Internal Revenue Service, EC–607. A communication from the Direc- Aircraft Corp Models 415c, cd, d, e, g, and f- Department of the Treasury, transmitting, tor, Defense Procurement and Acquisition 1, f-1A airplanes docket no. 2000–CE–79 pursuant to law, the report of a rule entitled Policy, Department of Defense, transmit- (RIN2120–AA64) (2003–0070)’’ received on Jan- ‘‘Implementation of section 644 of ting, pursuant to law, the report of a rule en- uary 14, 2003; to the Committee on Com- EGTRRA—procedure for waiver of 60 day titled ‘‘Trade Agreements Act—Exception merce, Science, and Transportation.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1245 EC–617. A communication from the Pro- By Mr. THOMAS (for himself and Mr. (Mrs. LINCOLN) was added as a cospon- gram Analyst, Federal Aviation Administra- ENZI): sor of S. 138, a bill to temporarily in- tion, Department of Transportation, trans- S. 200. A bill for the Relief of Ashley Ross crease the Federal medical assistance mitting, pursuant to law, the report of a rule Fuller; to the Committee on the Judiciary. percentage for the medicaid program. entitled ‘‘Establishment of Class D Surface f Area at Indian Springs Air Force Auxiliary S. 144 Field: Indian Springs, NV; Docket no. 02– SUBMISSION OF CONCURRENT AND At the request of Mr. CRAIG, the AWP–2 (2120–AA66)’’ received on January 14, SENATE RESOLUTIONS name of the Senator from Oregon (Mr. 2003; to the Committee on Commerce, The following concurrent resolutions WYDEN) was added as a cosponsor of S. Science, and Transportation.; to the Com- and Senate resolutions were read, and 144, a bill to require the Secretary of mittee on Commerce, Science, and Transpor- the Interior to establish a program to tation. referred (or acted upon), as indicated: provide assistance through States to EC–618. A communication from the Pro- By Mr. BYRD (for himself and Mr. SAR- gram Analyst, Federal Aviation Administra- BANES): eligible weed management entities to tion, Department of Transportation, trans- S. Res. 24. A resolution designating the control or eradicate harmful, non- mitting, pursuant to law, the report of a rule week beginning May 4, 2003, as ‘‘National native weeds on public and private entitled ‘‘Withdrawal—Modification of Class Correctional Officers and Employees Week’’; land. E Airspace; Zanesville, OH; Docket no. 01– to the Committee on the Judiciary. S. 173 AGL–21 (2120–AA66)’’ received on January 14, f 2003; to the Committee on Commerce, At the request of Mr. DASCHLE, his Science, and Transportation. ADDITIONAL COSPONSORS name was added as a cosponsor of S. EC–619. A communication from the Pro- 173, a bill to amend the Internal Rev- S. 16 gram Analyst, Federal Aviation Administra- enue Code of 1986 to extend the financ- tion, Department of Transportation, trans- At the request of Mr. DASCHLE, the ing of the Superfund. name of the Senator from Oregon (Mr. mitting, pursuant to law, the report of a rule AMENDMENT NO. 26 entitled ‘‘Establishment of Class D Airspace; WYDEN) was added as a cosponsor of S. At the request of Mr. LOTT, the name and Amendment of Class E5 Airspace; Green- 16, a bill to protect the civil rights of ville, SC: Docket No. 02–ASO–4 (2120–AA66)’’ all Americans, and for other purposes. of the Senator from Ohio (Mr. VOINO- received on January 14, 2003; to the Com- VICH) was added as a cosponsor of S. 35 mittee on Commerce, Science, and Transpor- amendment No. 26 intended to be pro- tation. At the request of Mr. DASCHLE, the posed to H.J. Res. 2, a joint resolution EC–620. A communication from the Pro- name of the Senator from Iowa (Mr. making further continuing appropria- gram Analyst, Federal Aviation Administra- HARKIN) was added as a cosponsor of S. tions for the fiscal year 2003, and for tion, Department of Transportation, trans- 35, a bill to provide economic security other purposes. mitting, pursuant to law, the report of a rule for America’s workers. entitled ‘‘Airworthiness Directives: Boeing AMENDMENT NO. 27 S. 54 Model 757–200, 200CB, and 300 Series; Docket At the request of Mr. CHAFEE, his no. 2000–NM–392; Docket No. 2000–NM–392 At the request of Mr. SCHUMER, the name was added as a cosponsor of (2120–AA64)’’ received on January 14, 2003; to name of the Senator from Louisiana amendment No. 27 proposed to H.J. the Committee on Commerce, Science, and (Ms. LANDRIEU) was added as a cospon- Res. 2, a joint resolution making fur- Transportation. sor of S. 54, a bill to amend the Federal ther continuing appropriations for the EC–621. A communication from the Pro- Food, Drug, and Cosmetic Act to pro- fiscal year 2003, and for other purposes. gram Analyst, Federal Aviation Administra- vide greater access to affordable phar- AMENDMENT NO. 27 tion, Department of Transportation, trans- maceuticals. mitting, pursuant to law, the report of a rule At the request of Mr. SCHUMER, his entitled ‘‘Airworthiness Directives: Bom- S. 87 name was added as a cosponsor of bardier Rotax GmbH 912 F and 912 S Series At the request of Mrs. CLINTON, the amendment No. 27 proposed to H.J. Reciprocating Engines; Docket No. 2002–NE– name of the Senator from Maryland Res. 2, supra. 18 (2120–AA64)’’ received on January 14, 2003; (Ms. MIKULSKI) was added as a cospon- AMENDMENT NO. 27 to the Committee on Commerce, Science, sor of S. 87, a bill to provide for home- and Transportation. land security block grants. At the request of Mr. HARKIN, his EC–622. A communication from the Pro- name was added as a cosponsor of gram Analyst, Federal Aviation Administra- S. 121 amendment No. 27 proposed to H.J. tion, Department of Transportation, trans- At the request of Mr. JOHNSON, his Res. 2, supra. mitting, pursuant to law, the report of a rule name was added as a cosponsor of S. AMENDMENT NO. 27 entitled ‘‘Establishment of Class D Airspace; 121, a bill to enhance the operation of Henderson Airport; Las Vegas, NV; Doc. No. the AMBER Alert communications net- At the request of Mrs. MURRAY, her 02–AWP–4 (2120–AA66)(2003–0016)’’ received on work in order to facilitate the recovery name was added as a cosponsor of January 14 , 2003; to the Committee on Com- of abducted children, to provide for en- amendment No. 27 proposed to H.J. merce, Science, and Transportation. hanced notification on highways of Res. 2, supra. f alerts and information on such chil- AMENDMENT NO. 27 INTRODUCTION OF BILLS AND dren, and for other purposes. At the request of Mr. BINGAMAN, his JOINT RESOLUTIONS S. 121 name was added as a cosponsor of amendment No. 27 proposed to H.J. At the request of Mrs. HUTCHISON, the The following bills and joint resolu- Res. 2, supra. tions were introduced, read the first names of the Senator from Oregon (Mr. AMENDMENT NO. 27 and second times by unanimous con- SMITH), the Senator from Texas (Mr. sent, and referred as indicated: CORNYN), the Senator from New Mexico At the request of Mr. LAUTENBERG, (Mr. DOMENICI), the Senator from Alas- his name was added as a cosponsor of By Mr. SMITH (for himself, Ms. STABE- amendment No. 27 proposed to H.J. NOW, and Mr. SANTORUM): ka (Ms. MURKOWSKI), the Senator from S. 198. A bill to amend the Internal Rev- Missouri (Mr. TALENT), the Senator Res. 2, supra. enue Code of 1986 to allow an income tax from Ohio (Mr. DEWINE), the Senator AMENDMENT NO. 27 credit for the provision of homeownership from Pennsylvania (Mr. SANTORUM), At the request of Mr. ROCKEFELLER, and community development, and for other the Senator from Washington (Ms. his name was added as a cosponsor of purposes; to the Committee on Finance. CANTWELL), and the Senator from Colo- amendment No. 27 proposed to H.J. By Mr. LEVIN (for himself and Ms. rado (Mr. CAMPBELL) were added as co- Res. 2, supra. STABENOW): S. 199. A bill to amend the Solid Waste Dis- sponsors of S. 121, supra. AMENDMENT NO. 27 posal Act to authorize the Administrator of S. 121 At the request of Ms. MIKULSKI, her the Environmental Protection Agency to At the request of Mr. PRYOR, his name was added as a cosponsor of carry out certain authorities relating to the name was added as a cosponsor of S. amendment No. 27 proposed to H.J. importation of municipal solid waste under 121, supra. Res. 2, supra. the Agreement Concerning the Transbound- ary Movement of Hazardous Waste between S. 138 AMENDMENT NO. 27 the United States and Canada; to the Com- At the request of Mr. ROCKEFELLER, At the request of Mr. REED, the mittee on Environment and Public Works. the name of the Senator from Arkansas names of the Senator from Illinois (Mr.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1246 CONGRESSIONAL RECORD — SENATE January 21, 2003 FITZGERALD), the Senator from Con- Mr. SMITH. Mr. President, I rise habilitations. A family of three or necticut (Mr. LIEBERMAN), the Senator today with Senators STABENOW and more with an income of $30,000 will be from Wisconsin (Mr. KOHL), the Sen- SANTORUM to introduce the New Home- a qualified buyer in Oregon. This legis- ator from Pennsylvania (Mr. SPECTER), stead Economic Opportunity Act. This lation will affect real working Ameri- the Senator from Montana (Mr. BAU- legislation will create a single-family cans. CUS), the Senator from Iowa (Mr. housing tax credit for developers who I am proud to sponsor this legislation GRASSLEY), and the Senator from Ar- build in low income areas, and allow that will further the dream of so many kansas (Mrs. LINCOLN) were added as more Americans to reach their dreams Americans through homeownership. I cosponsors of amendment No. 27 proof homeownership. It will also encour- urge my colleagues to join me in supposed to H.J. Res. 2, supra. age developers of single family units to porting the New Homestead Economic AMENDMENT NO. 40 invest in low income areas and improve Opportunity Act. At the request of Mr. BAUCUS, his our communities. I ask unanimous consent that the name was added as a cosponsor of Currently, there are no tax credits New Homestead Economic Opportunity amendment No. 40 proposed to H.J. available to developers of new or reha- Act be printed in the RECORD. Res. 2, a joint resolution making fur- bilitated, affordable single-family There being no objection, the bill was ther continuing appropriations for the housing. The low-income housing tax ordered to be printed in the RECORD, as fiscal year 2003, and for other purposes. credit provides tax credits to owners of follows: low-income rental units, but does not AMENDMENT NO. 40 S. 198 provide a solution to the problem of a At the request of Mrs. CLINTON, her lack of affordable homes. The quality Be it enacted by the Senate and House of Rep- name was added as a cosponsor of of life in distressed neighborhoods can resentatives of the United States of America in Congress assembled, amendment No. 40 proposed to H.J. be improved dramatically by increas- Res. 2, supra. ing home ownership. Existing buildings SECTION 1. SHORT TITLE; ETC. AMENDMENT NO. 40 in these neighborhoods often need ex- (a) SHORT TITLE.—This Act may be cited as the ‘‘New Homestead Economic Opportunity At the request of Mr. SARBANES, his tensive renovation before they can pro- Act’’. name was added as a cosponsor of vide decent owner-occupied housing. It (b) AMENDMENT OF 1986 CODE.—Except as amendment No. 40 proposed to H.J. is also difficult for renovations to otherwise expressly provided, whenever in Res. 2, supra. occur because the costs involved ex- this Act an amendment or repeal is ex- AMENDMENT NO. 51 ceed the prices at which the housing pressed in terms of an amendment to, or re- At the request of Mr. FITZGERALD, units could be sold. Similarly, the peal of, a section or other provision, the ref- the name of the Senator from Pennsyl- costs of new construction may exceed erence shall be considered to be made to a section or other provision of the Internal vania (Mr. SANTORUM) was added as a its market value. Properties sit vacant Revenue Code of 1986. cosponsor of amendment No. 51 in- and neighborhoods remain devastated. tended to be proposed to H.J. Res. 2, a The New Homestead Economic Oppor- SEC. 2. COMMUNITY HOMEOWNERSHIP CREDIT. joint resolution making further con- tunity Act bridges the gap between de- (a) IN GENERAL.—Subpart D of part IV of subchapter A of chapter 1 is amended by in- tinuing appropriations for the fiscal velopment costs and market prices and serting after section 42 the following new year 2003, and for other purposes. will revitalize these areas. section: Our legislation will create a single- AMENDMENT NO. 55 ‘‘SEC. 42A. HOMEOWNERSHIP CREDIT. family housing tax credit of $1.75 per At the request of Mr. NELSON of Flor- ‘‘(a) ALLOWANCE OF CREDIT.—For purposes ida, the names of the Senator from resident which will be made available of section 38, the amount of the homeowner- annually to States. In my home State Louisiana (Ms. LANDRIEU) and the Sen- ship credit determined under this section for ator from North Carolina (Mr. of Oregon, the most recent Census esti- any taxable year in the credit period shall be mates State or local housing credit EDWARDS) were added as cosponsors of an amount equal to the applicable percent- amendment No. 55 intended to be pro- agencies will award these credits to age of the eligible basis of each qualified residence. posed to H.J. Res. 2, a joint resolution housing units, including condominiums and cooperatives planned for develop- ‘‘(b) APPLICABLE PERCENTAGE.—For pur- making further continuing appropria- poses of this section— tions for the fiscal year 2003, and for ment of single-family housing in census tracts with median incomes of 80 ‘‘(1) IN GENERAL.—The term ‘applicable per- other purposes. centage’ means the appropriate percentage percent or less of area median income. AMENDMENT NO. 55 prescribed by the Secretary for the month in The value of the credits could not ex- which the taxpayer and the homeownership At the request of Mr. KENNEDY, his ceed 50 percent of the qualifying cost of credit agency enter into an agreement with name was added as a cosponsor of the unit. Rules similar to the current respect to such residence (which is binding amendment No. 55 intended to be pro- law rules for the Low Income Housing on such agency, the taxpayer, and all succes- posed to H.J. Res. 2, supra. Tax Credit will apply to determine eli- sors in interest) as to the homeownership AMENDMENT NO. 61 gible costs of individual units. credit dollar amount to be allocated to such At the request of Ms. MIKULSKI, the The owner of the housing unit being residence. names of the Senator from West Vir- sold to a qualified buyer will be eligible ‘‘(2) METHOD OF PRESCRIBING PERCENTAGE.— The percentage prescribed by the Secretary ginia (Mr. BYRD), the Senator from to claim the single-family housing tax for any month shall be the percentage which Connecticut (Mr. LIEBERMAN), and the credit over a 5-year period beginning will yield over a 5-year period amounts of Senator from New York (Mrs. CLINTON) on that date. Eligible home buyers credit under subsection (a) which have a were added as cosponsors of amend- must have incomes at 80 percent or less present value equal to 50 percent of the eligi- ment No. 61 intended to be proposed to of applicable median family income. ble basis of a qualified residence. H.J. Res. 2, a joint resolution making They would not have to be first time ‘‘(3) METHOD OF DISCOUNTING.—The present further continuing appropriations for homebuyers, and rules similar to the value under paragraph (2) shall be deter- the fiscal year 2003, and for other pur- mortgage revenue bond provisions will mined— ‘‘(A) as of the last day of the 1st year of the poses. apply to determine applicable median 5-year period referred to in paragraph (2), f family income. ‘‘(B) by using a discount rate equal to 72 In Oregon, rising housing costs are percent of the annual Federal mid-term rate STATEMENTS ON INTRODUCED prohibiting working families from applicable under section 1274(d)(1) to the BILLS AND JOINT RESOLUTIONS being able to afford homes. With a lack month applicable under paragraph (1) and By Mr. SMITH (for himself, Ms. of affordable housing, costs are rising, compounded annually, and STABENOW, and Mr. SANTORUM): and families are unable to gain the sta- ‘‘(C) by assuming that the credit allowable S. 198. A bill to amend the Internal bility and equity homeownership pro- under this section for any year is received on the last day of such year. Revenue Code of 1986 to allow an in- vides. In its first year, the New Home- ‘‘(c) QUALIFIED RESIDENCE.—For purposes come tax credit for the provision of stead Economic Opportunity Act would of this section— homeownership and community devel- support more than 360 new affordable ‘‘(1) IN GENERAL.—The term ‘qualified resi- opment, and for other purposes; to the homes, probably more if credits are dence’ means any residence— Committee on Finance. used in connection with less costly re- ‘‘(A) which is located—

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‘‘(i) in a census tract which has a median ‘‘(ii) the qualified residence has undergone ‘‘(1) CREDIT PERIOD DEFINED.—For purposes gross income which does not exceed 80 per- substantial rehabilitation in connection with of this section, the term ‘credit period’ cent of the greater of area or state-wide me- the sale described in clause (i), means, with respect to any qualified resi- dian gross income, or ‘‘(iii) the buyer of the qualified residence is dence, the period of 5 taxable years begin- ‘‘(ii) in an area of chronic economic dis- not a related person with respect to the sell- ning with the taxable year in which the sale tress, and er, and of the qualified residence occurs satisfying ‘‘(B) which is purchased by a qualified ‘‘(iv) the buyer’s debt financing is origi- the requirements of subsection (d)(1)(B) or buyer. nated by a 3rd party who is not a related per- (d)(2)(B). For purposes of clause (ii) of subparagraph son with respect to the seller. ‘‘(2) SPECIAL RULE FOR 1ST YEAR OF CREDIT (A), an area is an area of chronic economic ‘‘(C) SUBSTANTIAL REHABILITATION.— PERIOD.— distress if it is approved for designation as ‘‘(i) IN GENERAL.—For purposes of subpara- ‘‘(A) IN GENERAL.—The credit allowable such under section 143(j)(3), except that such graph (B), substantial rehabilitation means under subsection (a) with respect to any designation shall not require the approval of rehabilitation expenditures paid or incurred qualified residence for the 1st taxable year of the Secretary and shall cease to apply after with respect to a qualified residence which the credit period shall be determined by mul- the end of the 5th calendar year after the are at least $25,000. tiplying the eligible basis under subsection ‘‘(ii) INFLATION ADJUSTMENT.—In the case (d) by the fraction— calendar year in which the designation is of a calendar year after 2003, the dollar ‘‘(i) the numerator of which is the sum of made. amount contained in clause (i) shall be in- the number of remaining whole months in ‘‘(2) RESIDENCE.—For purposes of paragraph creased by an amount equal to— such 1st taxable year after the sale of the (1), the term ‘residence’ means— ‘‘(I) such dollar amount, multiplied by qualified residence, and ‘‘(A) a single-family home containing 1 to ‘‘(II) the cost-of-living adjustment deter- ‘‘(ii) the denominator of which is 12. 4 housing units, mined under section 1(f)(3) for such calendar ‘‘(B) DISALLOWED 1ST YEAR CREDIT ALLOWED ‘‘(B) a condominium unit, year by substituting ‘calendar year 2002’ for IN 6TH YEAR.—Any reduction by reason of ‘‘(C) stock in a cooperative housing cor- ‘calendar year 1992’ in subparagraph (B) subparagraph (A) in the credit allowable poration (as defined in section 216(b)), or thereof. (without regard to subparagraph (A)) for the ‘‘(D) any factory-made housing which is 1st taxable year of the credit period shall be permanently affixed to real property. Any increase under this clause which is not a multiple of $1,000 shall be rounded to the allowable under subsection (a) for the 1st In the case of a single-family home described taxable year following the credit period. in subparagraph (A) which contains more next lowest multiple of $1,000. than 1 housing unit, the term ‘residence’ ‘‘(3) EFFECT OF SUBSEQUENT SALE, ETC.—A ‘‘(f) LIMITATION ON AGGREGATE CREDIT AL- shall not include any new residence and shall subsequent sale, assignment, rental, or refi- LOWABLE WITH RESPECT TO QUALIFIED RESI- include only the portion of such home which nancing of the qualified residence by the DENCES LOCATED IN A STATE.— is to be occupied by the owner thereof (based buyer or the subsequent sale, assignment, or ‘‘(1) CREDIT MAY NOT EXCEED CREDIT DOLLAR on the percentage of the total area of such pooling of the buyer’s financing by the origi- AMOUNT ALLOCATED TO QUALIFIED RESI- home which is to be occupied by the owner). nator shall not be considered in determining DENCE.— whether or not the prior sales transaction ‘‘(A) IN GENERAL.—The amount of the cred- ‘‘(3) TIMING OF DETERMINATION.—For purposes of paragraph (1), the determination of satisfied the requirements of subparagraph it determined under this section for any tax- (B) of paragraph (1) or (2). able year with respect to any qualified resi- whether a residence is a qualified residence ‘‘(4) SPECIAL RULES RELATING TO DETER- dence shall not exceed the homeownership shall be made at the time a binding commit- MINATION OF ADJUSTED BASIS.—For purposes credit dollar amount allocated to such quali- ment for an allocation of credit is awarded of this subsection— fied residence under this subsection. by the homeownership credit agency, except ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) TIME FOR MAKING ALLOCATION.— that the determination of whether a buyer is subparagraph (B), the adjusted basis of any ‘‘(i) GENERAL RULE.—An allocation shall be a qualified buyer shall be made at the time qualified residence (or any rehabilitation ex- taken into account under subparagraph (A) the residence is sold. penditures in respect thereof)— only if it is made not later than the close of ‘‘(4) MEDIAN GROSS INCOME.—For purposes ‘‘(i) shall not include so much of the basis the calendar year in which the qualified resi- of this section, median gross income shall be of such qualified residence (or rehabilitation dence is sold, and only if the qualified resi- determined consistent with section 143(f)(2). expenditures) as is determined by reference dence is sold within 1 year after the resi- ‘‘(d) ELIGIBLE BASIS.—For purposes of this to the basis of other property held at any dence (or the rehabilitation expenditures, as section— time by the person acquiring the residence, applicable) is completed. ‘‘(1) NEW QUALIFIED RESIDENCES.— and ‘‘(ii) EARLIER ALLOCATION BY AGENCY.—A ‘‘(A) IN GENERAL.—The eligible basis of a ‘‘(ii) shall be determined without regard to homeownership credit agency may allocate new qualified residence is— the adjusted basis of any property which is available homeownership credit dollar ‘‘(i) in the case of a qualified residence not part of such qualified residence. amounts to a qualified residence prior to the which is sold in a transaction which meets ‘‘(B) BASIS OF PROPERTY IN COMMON AREAS, year of sale of such qualified residence if— the requirements of subparagraph (B), its ad- ETC., INCLUDED.—The adjusted basis of any ‘‘(I) the taxpayer owns fee title or a lease- justed basis (excluding land) immediately be- qualified residence shall be determined by hold interest of not less than 50 years in the fore such sale, and taking into account (on a pro rata basis) the site of the qualified residence as of the later ‘‘(ii) zero in any other case. adjusted basis of property (of a character of the date which is 6 months after the date ‘‘(B) REQUIREMENTS.—A sale of a qualified subject to the allowance for depreciation) that the allocation was made or the close of residence meets the requirements of this used in common areas or provided as com- the calendar year in which the allocation is subparagraph if— parable amenities to all residences within a made, and ‘‘(i) the buyer acquires the qualified resi- project. ‘‘(II) such qualified residence is completed dence by purchase (as defined in section ‘‘(5) SPECIAL RULES FOR DETERMINING ELIGI- not later than the close of the 2nd calendar 179(d)(2)), BLE BASIS.— year following the calendar year in which ‘‘(ii) the buyer of the qualified residence is ‘‘(A) RELATED PERSON, ETC.—For purposes the allocation was made. not a related person with respect to the sell- of this section, a person (in this clause re- ‘‘(C) VESTED RIGHT TO CREDIT DOLLAR er, and ferred to as the ‘related person’) is related to AMOUNT.—Once a homeownership credit allo- ‘‘(iii) the buyer’s debt financing is origi- any person if the related person bears a rela- cation is received by a taxpayer, the right to nated by a 3rd party who is not a related per- tionship to such person specified in section such credit is vested in such taxpayer and is son with respect to the seller. 267(b) or 707(b)(1), or the related person and not subject to recapture, except as provided ‘‘(2) EXISTING QUALIFIED RESIDENCES.— such person are engaged in trades or busi- in paragraph (4)(B). ‘‘(A) IN GENERAL.—The eligible basis of an nesses under common control (within the ‘‘(2) HOMEOWNERSHIP CREDIT DOLLAR existing qualified residence is— meaning of subsections (a) and (b) of section AMOUNT FOR AGENCIES.— ‘‘(i) in the case of a qualified residence 52). For purposes of the preceding sentence, ‘‘(A) IN GENERAL.—The aggregate home- which is sold in a transaction which meets in applying section 267(b) or 707(b)(1), ‘10 per- ownership credit dollar amount which a the requirements of subparagraph (B), the cent’ shall be substituted for ‘50 percent’. homeownership credit agency may allocate adjusted basis of the rehabilitation expendi- ‘‘(B) NONRESIDENTIAL SPACE EXCLUDED.—No for any calendar year is the portion of the tures with respect to the qualified residence portion of the eligible basis of a qualified State homeownership credit ceiling allo- which are paid or incurred in connection residence shall include costs attributable to cated under this paragraph for such calendar with such sale, and nonresidential space. year to such agency. ‘‘(ii) zero in any other case. ‘‘(C) LIMITATION.—The eligible basis of any ‘‘(B) STATE CEILING INITIALLY ALLOCATED TO ‘‘(B) REQUIREMENTS.—A sale of a qualified residence may not exceed the mortgage limit STATE HOMEOWNERSHIP CREDIT AGENCIES.—Ex- residence meets the requirements of this for Federal Housing Administration insured cept as provided in subparagraphs (D) and subparagraph if— mortgages in the area in which such resi- (E), the State homeownership credit ceiling ‘‘(i) the buyer acquires the qualified residence is located. for each calendar year shall be allocated to dence by purchase (as defined in section ‘‘(e) DEFINITION AND SPECIAL RULES RELAT- the homeownership credit agency of such 179(d)(2)), ING TO CREDIT PERIOD.— State. If there is more than 1 homeownership

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credit agency of a State, all such agencies ‘‘(G) COST-OF-LIVING ADJUSTMENT.— ‘‘(B) SPECIAL RULES IN QUALIFIED CENSUS shall be treated as a single agency. ‘‘(i) IN GENERAL.—In the case of a calendar TRACTS.—With respect to residences located ‘‘(C) STATE HOMEOWNERSHIP CREDIT CEIL- year after 2003, the $2,000,000 and $1.75 in qualified census tracts (as defined in sec- ING.—The State homeownership credit ceil- amounts in subparagraph (C) shall each be tion 42), subparagraph (A) shall be applied by ing applicable to any State for any calendar increased by an amount equal to— substituting ‘100 percent’ for ‘80 percent’ and year before 2003 shall be zero and for any cal- ‘‘(I) such dollar amount, multiplied by ‘90 percent’ for ‘70 percent’. endar year after 2002 shall be an amount ‘‘(II) the cost-of-living adjustment deter- ‘‘(C) DETERMINATION OF INCOME.—For pur- equal to the sum of— mined under section 1(f )(3) for such calendar poses of this paragraph, a buyer’s income ‘‘(i) the unused State homeownership cred- year by substituting ‘calendar year 2002’ for shall be determined in accordance with sec- it ceiling (if any) of such State for the pre- ‘calendar year 1992’ in subparagraph (B) tion 143(f)(4). ceding calendar year, thereof. ‘‘(4) NEW QUALIFIED RESIDENCE.—The term ‘‘(ii) the greater of— ‘‘(ii) ROUNDING.— ‘new qualified residence’ means a qualified ‘‘(I) $1.75 multiplied by the State popu- ‘‘(I) In the case of the $2,000,000 amount, residence the original ownership of which be- lation, or any increase under clause (i) which is not a gins with the taxpayer. ‘‘(II) $2,000,000, multiple of $5,000 shall be rounded to the ‘‘(5) EXISTING QUALIFIED RESIDENCE.—The ‘‘(iii) the amount of State homeownership next lowest multiple of $5,000. term ‘existing qualified residence’ means credit ceiling returned in the calendar year, ‘‘(II) In the case of the $1.75 amount, any any qualified residence which is not a new plus increase under clause (i) which is not a mul- qualified residence. ‘‘(iv) the amount (if any) allocated under tiple of 5 cents shall be rounded to the next ‘‘(6) HOMEOWNERSHIP CREDIT AGENCY.—The subparagraph (D) to such State by the Sec- lowest multiple of 5 cents. term ‘homeownership credit agency’ means retary. ‘‘(3) LIMITATION ON ALLOCATIONS TO AREAS any agency authorized to carry out this sec- For purposes of clause (i), the unused State OF CHRONIC ECONOMIC DISTRESS.—Not more tion. homeownership credit ceiling for any cal- than 50 percent of a homeownership credit ‘‘(7) POSSESSIONS TREATED AS STATES.—The endar year is the excess (if any) of the sum agency’s portion of the State homeownership term ‘State’ includes the District of Colum- of the amounts described in clauses (ii) credit ceiling for a calendar year may be al- bia and a possession of the United States. through (iv) over the aggregate homeowner- located to residences located in areas which ‘‘(8) APPLICATION TO ESTATES AND TRUSTS.— ship credit dollar amount allocated for such are designated as areas of chronic economic In the case of an estate or trust, the amount year, except that such amount shall be zero distress in accordance with paragraph (1) of of the credit determined under subsection (a) for 2003. For purposes of clause (iii), the subsection (c). shall be apportioned between the estate or amount of State homeownership credit ceil- ‘‘(4) SPECIAL RULES.— trust and the beneficiaries on the basis of ing returned in the calendar year equals the ‘‘(A) RESIDENCE MUST BE LOCATED WITHIN the income of the estate or trust allocable to homeownership credit dollar amount pre- JURISDICTION OF CREDIT AGENCY.—A home- each. viously allocated within the State to any ownership credit agency may allocate its ag- ‘‘(h) REDUCTION IN TAX BENEFITS.— qualified residence with respect to which an gregate homeownership credit dollar amount ‘‘(1) RECAPTURE OF CREDIT.—If within the allocation is canceled by mutual consent of only to qualified residences located in the ju- first 3 years after the original purchase of a the homeownership credit agency and the al- risdiction of the governmental unit of which qualified residence, the residence is sold by location recipient. such agency is a part. the qualified buyer to a buyer who does not ‘‘(D) UNUSED HOMEOWNERSHIP CREDIT ‘‘(B) AGENCY ALLOCATIONS IN EXCESS OF qualify as a qualified buyer, the qualified CARRYOVERS ALLOCATED AMONG CERTAIN LIMIT.—If the aggregate homeownership buyer— STATES.— credit dollar amounts allocated by a home- ‘‘(A) shall deduct and withhold an amount ‘‘(i) IN GENERAL.—The unused homeowner- ownership credit agency for any calendar equal to the recapture amount from the ship credit carryover of a State for any cal- year exceed the portion of the State home- amount realized on such sale, and endar year shall be assigned to the Secretary ownership credit ceiling allocated to such ‘‘(B) shall transfer such amount to the for allocation among qualified States for the agency for such calendar year, the homeown- homeownership credit agency which allo- succeeding calendar year. ership credit dollar amounts so allocated cated the homeownership credit dollar ‘‘(ii) UNUSED HOMEOWNERSHIP CREDIT CAR- shall be reduced (to the extent of such ex- amount to such residence. RYOVER.—For purposes of this subparagraph, cess) for residences in the reverse of the ‘‘(2) RECAPTURE AMOUNT.—For purposes of the unused homeownership credit carryover order in which the allocations of such paragraph (1), the recapture amount is an of a State for any calendar year is the excess amounts were made. amount equal to 50 percent of the gain re- (if any) of the unused State homeownership ‘‘(g) DEFINITIONS AND SPECIAL RULES.—For sulting from such resale, reduced by 1/36th credit ceiling for such year (as defined in purposes of this section— for each month the resale occurs after the subparagraph (C)(i)) over the excess (if any) ‘‘(1) COMPLETED.—The term ‘completed’ original purchase. of— means the point in time where a qualified ‘‘(3) DENIAL OF DEDUCTIONS IF CONVERTED TO ‘‘(I) the unused State homeownership cred- residence is first placed in a condition or RENTAL HOUSING.—If a qualified residence is it ceiling for the year preceding such year, state of readiness and availability for occu- converted to rental housing within the first over pancy. 3 years after the original purchase, no deduc- ‘‘(II) the aggregate homeownership credit ‘‘(2) PROJECT.—The term ‘project’ means 1 tion under this chapter shall be permitted to dollar amount allocated for such year. or more residences together with function- offset rental income with respect to such res- ‘‘(iii) FORMULA FOR ALLOCATION OF UNUSED ally related and subordinate facilities devel- idence during such period. HOMEOWNERSHIP CREDIT CARRYOVERS AMONG oped and made available to inhabitants of ‘‘(i) APPLICATION OF AT-RISK RULES.—For QUALIFIED STATES.—The amount allocated such residences, including recreational fa- purposes of this section, rules of section 465 under this subparagraph to a qualified State cilities and parking areas. To constitute a shall not apply in determining the eligible for any calendar year shall be the amount project, each residence must— basis of any qualified residence. determined by the Secretary to bear the ‘‘(A) be developed by the same taxpayer ‘‘(j) REPORTS TO THE SECRETARY.— same ratio to the aggregate unused home- pursuant to common planning and feasibility ‘‘(1) FROM THE TAXPAYER.—The Secretary ownership credit carryovers of all States for studies, may require taxpayers to submit an informa- the preceding calendar year as such State’s ‘‘(B) be financed through a common plan of tion return (at such time and in such form population for the calendar year bears to the construction financing, and and manner as the Secretary prescribes) for population of all qualified States for the cal- ‘‘(C) have common ownership prior to sale. each taxable year setting forth— endar year. For purposes of this paragraph, it is not nec- ‘‘(A) the eligible basis for the taxable year ‘‘(iv) QUALIFIED STATE.—For purposes of essary that all residences within a project be of each qualified residence with respect to this subparagraph, the term ‘qualified State’ contiguous or that all residences consist which the taxpayer is claiming a credit means, with respect to a calendar year, any only of either new residences or existing under this section, State— residences and it is not necessary that each ‘‘(B) the amount of all homeownership ‘‘(I) which allocated its entire State home- residence within a project be a qualified resi- credit allocations received by the taxpayer ownership credit ceiling for the preceding dence. from any and all State homeownership credit calendar year, and ‘‘(3) QUALIFIED BUYER.— agencies, and ‘‘(II) for which a request is made (not later ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(C) such other information as the Sec- than May 1 of the calendar year) to receive buyer’ means a buyer if at the time of the retary may require. an allocation under clause (iii). acquisition of the qualified residence, the The penalty under section 6652(j) shall apply ‘‘(E) STATE MAY PROVIDE FOR DIFFERENT AL- buyer— to any failure to submit the return required LOCATION.—Rules similar to the rules of sec- ‘‘(i) is 1 or more individuals whose income by the Secretary under the preceding sen- tion 146(e) (other than paragraph (2)(B) does not exceed 80 percent of the area me- tence on the date prescribed therefor. thereof) shall apply for purposes of this para- dian gross income (70 percent for families of ‘‘(2) FROM HOMEOWNERSHIP CREDIT AGEN- graph. less than 3 members), and CIES.—Each agency which allocates any ‘‘(F) POPULATION.—For purposes of this ‘‘(ii) intends to occupy the residence as the homeownership credit dollar amount to any paragraph, population shall be determined in buyer’s principal residence (within the residence for any calendar year shall submit accordance with section 146(j). meaning of section 121). to the Secretary (at such time and in such

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1249 form and manner as the Secretary shall pre- ‘‘(B) buildings which are completed in por- SECTION 1. CANADIAN TRANSBOUNDARY MOVE- scribe) an annual report specifying— tions, MENT OF MUNICIPAL SOLID WASTE. ‘‘(A) the amount of the homeownership ‘‘(2) providing for the application of this (a) IN GENERAL.—Subtitle D of the Solid credit dollar amount allocated to each resi- section to short taxable years, Waste Disposal Act (42 U.S.C. 6941 et seq.) is dence for such year, ‘‘(3) preventing the avoidance of the rules amended by adding at the end the following: ‘‘(B) sufficient information to identify of this section, and ‘‘SEC. 4011. CANADIAN TRANSBOUNDARY MOVE- each such residence and the taxpayer ini- ‘‘(4) providing the opportunity for home- MENT OF MUNICIPAL SOLID WASTE. tially entitled to claim the credit under this ownership credit agencies to correct admin- ‘‘(a) DEFINITIONS.—In this section: section with respect thereto, and istrative errors and omissions with respect ‘‘(1) AGREEMENT.—The term ‘Agreement’ ‘‘(C) such other information as the Sec- to allocations and record keeping within a means— retary may require. reasonable period after their discovery, tak- ‘‘(A) the Agreement Concerning the Trans- ‘‘(k) RESPONSIBILITIES OF HOMEOWNERSHIP ing into account the availability of regula- boundary Movement of Hazardous Waste be- CREDIT AGENCIES.— tions and other administrative guidance tween the United States and Canada, signed ‘‘(1) PLANS FOR ALLOCATION OF CREDIT from the Secretary.’’. at Ottawa on October 28, 1986 (TIAS 11099); AMONG RESIDENCES.— (b) CURRENT YEAR BUSINESS CREDIT CAL- and ‘‘(A) IN GENERAL.—Notwithstanding any CULATION.—Section 38(b) (relating to current ‘‘(B) any regulations promulgated to im- other provision of this section, the home- year business credit) is amended by striking plement and enforce that Agreement. ownership credit dollar amount with respect ‘‘plus’’ at the end of paragraph (14), by strik- ‘‘(2) MUNICIPAL SOLID WASTE.—The term to any qualified residence shall be zero un- ing the period at the end of paragraph (15) ‘municipal solid waste’ has the meaning less such amount was allocated pursuant to and inserting ‘‘, plus’’, and by adding at the given the term in the Agreement. a qualified allocation plan of the homeown- end the following: ‘‘(b) PROHIBITION.—It shall be unlawful for ership credit agency which is approved by ‘‘(16) the homeownership credit determined any person to import, transport, or export the governmental unit (in accordance with under section 42A(a).’’. municipal solid waste, for final disposal or rules similar to the rules of section 147(f)(2) (c) LIMITATION ON CARRYBACK.—Subsection incineration, in violation of the Agreement. (other than subparagraph (B)(ii) thereof)) of (d) of section 39 (relating to carryback and ‘‘(c) AUTHORITY OF ADMINISTRATOR.— which such agency is a part. carryforward of unused credits) is amended ‘‘(1) IN GENERAL.—Beginning immediately ‘‘(B) QUALIFIED ALLOCATION PLAN.—For pur- by adding at the end the following: after the date of enactment of this section, poses of this paragraph, the term ‘qualified ‘‘(11) NO CARRYBACK OF HOMEOWNERSHIP the Administrator shall— allocation plan’ means any plan which sets CREDIT BEFORE EFFECTIVE DATE.—No amount ‘‘(A) perform the functions of the Des- forth the homeownership development prior- of unused business credit available under ignated Authority of the United States de- ities of the homeownership credit agency. section 42A may be carried back to a taxable scribed in the Agreement with respect to the ‘‘(C) CERTAIN HOMEOWNERSHIP DEVELOP- year beginning on or before the date of the importation and exportation of municipal MENT PRIORITIES MUST BE USED.—The devel- enactment of this paragraph.’’. solid waste under the Agreement; and opment priorities set forth in a qualified al- ‘‘(B) implement and enforce the Agreement (d) CONFORMING AMENDMENTS.— location plan must include— (including notice and consent provisions of (1) Section 55(c)(1) is amended by inserting ‘‘(i) contribution of the development to the Agreement). ‘‘or subsection (h) or (i) of section 42A’’ after community stability and revitalization, ‘‘(2) CONSENT TO IMPORTATION.—In consid- ‘‘section 42’’. ‘‘(ii) community and local government sup- ering whether to consent to the importation (2) Subsections (i)(3)(D), (i)(6)(B)(i), and port for the development, of municipal solid waste under article 3(c) of (k)(1) of section 469 are each amended by in- ‘‘(iii) need for homeownership development the Agreement, the Administrator shall— serting ‘‘or 42A’’ after ‘‘section 42’’. within the area, ‘‘(A) give substantial weight to the views (3) Section 772(a) is amended by striking ‘‘(iv) sponsor capability, and of each State into which the municipal solid ‘‘and’’ at the end of paragraph (10), by redes- ‘‘(v) long-term sustainability of the project waste is to be imported; and ignating paragraph (11) as paragraph (12), as owner-occupied residences. ‘‘(B) consider the impact of the importa- and by inserting after paragraph (10) the fol- ‘‘(2) CREDIT ALLOCATED TO RESIDENCE NOT tion on— lowing: TO EXCEED AMOUNT NECESSARY TO ASSURE ‘‘(i) continued public support for, and ad- ‘‘(11) the homeownership credit determined FEASIBILITY.— herence to, State and local recycling pro- under section 42A, and’’. ‘‘(A) IN GENERAL.—The homeownership grams; (4) Section 774(b)(4) is amended by insert- credit dollar amount allocated to a residence ‘‘(ii) landfill capacity, as provided in coming ‘‘, 42A(h),’’ after ‘‘section 42(j)’’. shall not exceed the amount the homeowner- prehensive waste management plans; ship credit agency determines is necessary (e) CLERICAL AMENDMENT.—The table of ‘‘(iii) air emissions resulting from infor the feasibility of the residence. sections for subpart D of part IV of sub- creased vehicular traffic; ‘‘(B) AGENCY EVALUATION.—In making the chapter A of chapter 1 is amended by insert- ‘‘(iv) road deterioration resulting from in- determination under subparagraph (A), the ing after the item relating to section 42 the creased vehicular traffic; and homeownership credit agency shall con- following: ‘‘(v) public health and the environment. sider— ‘‘Sec. 42A. Homeownership credit.’’. ‘‘(d) COMPLIANCE ORDERS.— ‘‘(i) the sources and uses of funds and the ‘‘(1) IN GENERAL.—If, on the basis of any in- total financing planned for the residence, (f) EFFECTIVE DATE.—The amendments formation, the Administrator determines ‘‘(ii) any proceeds or receipts expected to made by this section shall apply to qualified that a person has violated or is in violation be generated by reason of tax benefits, residences sold after December 31, 2002. of this section, the Administrator may— ‘‘(iii) the anticipated appraised value of By Mr. LEVIN (for himself and ‘‘(A) issue an order that— the residence, and Ms. STABENOW): ‘‘(i) assesses a civil penalty against the ‘‘(iv) the reasonableness of the develop- person for any past or current violation of mental costs of the residence. S. 199. A bill to amend the Solid the person; or ‘‘(C) DETERMINATION MADE WHEN CREDIT Waste Disposal Act to authorize the ‘‘(ii) requires compliance by the person DOLLAR AMOUNT APPLIED FOR.—A determina- Administrator of the Environmental with this section immediately or by a speci- tion under subparagraph (A) shall be made as Protection Agency to carry out certain fied date; or of each of the following times: authorities relating to the importation ‘‘(B) bring a civil action against the person ‘‘(i) The application for the homeownership of municipal solid waste under the for appropriate relief (including a temporary credit dollar amount. Agreement Concerning the Trans- or permanent injunction) in the United ‘‘(ii) The allocation of the homeownership boundary Movement of Hazardous States district court for the district in which credit dollar amount. the violation occurred. Waste between the United States and ‘‘(3) LIEN FOR RECAPTURE AMOUNT.—A ‘‘(2) SPECIFICITY.— homeownership credit dollar amount may be Canada; to the Committee on Environ- ‘‘(A) IN GENERAL.—Any order issued under allocated by a homeownership credit agency ment and Public Works. paragraph (1) for a violation of this sub- to a residence only if such agency has a lien Mr. LEVIN. Mr. President, I ask section shall state with reasonable speci- on such residence for the payment of any unanimous consent that the Canadian ficity the nature of the violation. amount potentially required to be paid under ‘‘(B) PENALTIES.— Waste bill be printed in the RECORD. subsection (h) to such agency. ‘‘(i) MAXIMUM PENALTY.—Any penalty as- ‘‘(l) REGULATIONS.—The Secretary shall There being no objection, the bill was sessed by an order issued under paragraph (1) prescribe such regulations as may be nec- ordered to be printed in the RECORD, as shall not exceed $25,000 per day of noncompli- essary or appropriate to carry out the pur- follows: ance for each violation. poses of this section, including regulations— ‘‘(ii) CONSIDERATIONS.—In assessing a pen- S. 199 ‘‘(1) dealing with— alty under this section, the Administrator ‘‘(A) projects which include more than 1 Be it enacted by the Senate and House of Rep- shall take into account— residence or only a portion of a residence, resentatives of the United States of America in ‘‘(I) the seriousness of the violation for and Congress assembled, which the penalty is assessed; and

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1250 CONGRESSIONAL RECORD — SENATE January 21, 2003 ‘‘(II) any good faith efforts of the person parts of Metro Detroit, causing traffic SECTION 1. DESIGNATION OF NATIONAL COR- against which the penalty is assessed to delays, and filling our air with the RECTIONAL OFFICERS AND EMPLOY- EES WEEK. comply with applicable requirements. stench of exhaust and garbage. These ‘‘(e) PUBLIC HEARING.— That the Senate— trucks also present a security risk at ‘‘(1) IN GENERAL.—Any order issued under (1) designates the week beginning May 4, this section shall become final unless, not our Michigan-Canadian border, since 2003, as ‘‘National Correctional Officers and later than 30 days after the date of issuance by their nature trucks full of garbage Employees Week’’; and of the order, the person or persons against are harder for Customs agents to in- (2) requests that the President issue a which the order is issued submit to the Ad- spect than traditional cargo. proclamation calling upon the people of the ministrator a request for a public hearing. Michigan already has protections United States to observe the week with ap- ‘‘(2) HEARING.—On receipt of a request contained in an international agree- propriate ceremonies and activities. under paragraph (1), the Administrator shall ment between the United States and f promptly conduct a public hearing. Canada, but they are being ignored. ‘‘(3) SUBPOENAS.—In connection with any AMENDMENTS SUBMITTED AND hearing under this subsection, the Adminis- Under the Agreement Concerning the PROPOSED Transboundary Movement of Haz- trator may— SA 67. Mr. EDWARDS (for himself, Mr. ‘‘(A) issue subpoenas for— ardous Waste, which was entered into LIEBERMAN, Mr. JEFFORDS, Mrs. CLINTON, Mr. ‘‘(i) the attendance and testimony of wit- in 1986, shipments of waste across the REID, Mr. DASCHLE, and Mr. SCHUMER) pro- nesses; and Canadian-U.S. border require govern- posed an amendment to the joint resolution ‘‘(ii) the production of relevant papers, ment-to-government notification. The H.J. Res. 2, making further continuing ap- books, and documents; and Environmental Protection Agency, propriations for the fiscal year 2003, and for ‘‘(B) promulgate regulations that provide EPA, as the designated authority for other purposes. for procedures for discovery. SA 68. Mr. SPECTER submitted an amend- ‘‘(f) VIOLATION OF COMPLIANCE ORDERS.—If the United States would receive the notification and then would have 30 days ment intended to be proposed by him to the a person against which an order is issued joint resolution H.J. Res. 2, supra; which was fails to take corrective action as specified in to consent or object to the shipment. ordered to lie on the table. the order, the Administrator may assess a Not only have these notification provi- SA 69. Mrs. CLINTON submitted an amend- civil penalty of not more than $25,000 for sions not been enforced, but the EPA ment intended to be proposed by her to the each day of continued noncompliance with has indicated that they would not ob- joint resolution H.J. Res. 2, supra; which was the order.’’. ordered to lie on the table. (b) TABLE OF CONTENTS.—The table of con- ject to the municipal waste shipments. SA 70. Mr. FRIST submitted an amend- tents of the Solid Waste Disposal Act (42 This legislation will give Michigan ment intended to be proposed by him to the U.S.C. prec. 6901) is amended by adding at residents the protection they are enti- joint resolution H.J. Res. 2, supra; which was the end of the items relating to subtitle D tled to under this bilateral treaty. The ordered to lie on the table. the following: bill would give EPA the authority to SA 71. Mr. DODD (for himself, Mr. KEN- ‘‘Sec. 4011. Canadian transboundary move- implement and enforce this treaty, and NEDY, Ms. MIKULSKI, Mr. JEFFORDS, Mrs. ment of municipal solid would create civil penalties for those MURRAY, Mr. EDWARDS, Mr. DAYTON, Mr. waste.’’. who ship waste in violation of the trea- CORZINE, Mr. KERRY, Mr. REID, Mr. REED, Ms. STABENOW. Mr. President, I am ty. In addition, it would create criteria Mrs. CLINTON, Mr. BINGAMAN, Mr. JOHNSON, pleased to join with Senator LEVIN in for the EPA’s determination of wheth- and Mr. SCHUMER) proposed an amendment reintroducing this bill to address the er or not to consent to a shipment, to the joint resolution H.J. Res. 2, supra. growing problem of Canadian waste such as the State’s views on the ship- SA 72. Mr. LEAHY submitted an amendment intended to be proposed by him to the shipments to Michigan. ment, and the shipment’s impact on In 2001, Michigan imported almost 3.6 joint resolution H.J. Res. 2, supra; which was landfill capacity, air emissions, public ordered to lie on the table. million tons of municipal solid waste, health and the environment. These SA 73. Mr. LEAHY submitted an amend- more than double the amount that was waste shipments should no longer be ment intended to be proposed by him to the imported in 1999. This gives Michigan accepted without an examination of joint resolution H.J. Res. 2, supra; which was the unwelcome distinction of being the how it will affect the health and wel- ordered to lie on the table. third largest importer of waste in the fare of Michigan families. SA 74. Mr. STEVENS (for himself and Mr. United States. Again, I thank my colleague, Senator FRIST) submitted an amendment intended to My colleagues may be surprised to be proposed by him to the joint resolution LEVIN, for introducing this bill and I H.J. Res. 2, supra; which was ordered to lie know that the biggest source of this look forward to working with him to waste was not another state, but our on the table. move it through the Senate. SA 75. Mrs. CLINTON submitted an amend- neighbor to the north, Canada. More ment intended to be proposed by her to the than half the waste that was shipped to f joint resolution H.J. Res. 2, supra; which was Michigan in 2001 was from Ontario, ordered to lie on the table. Canada, and these imports are growing SUBMITTED RESOLUTIONS SA 76. Mr. KOHL submitted an amendment rapidly. On January 1, 2003, as another intended to be proposed by him to the joint Ontario landfill closed its doors, the resolution H.J. Res. 2, supra; which was or- city of Toronto switched from shipping SENATE RESOLUTION 24—DESIG- dered to lie on the table. two-thirds of its trash, to shipping all NATING THE WEEK BEGINING SA 77. Mr. KOHL submitted an amendment intended to be proposed by him to the joint of its trash, 1.1 million tons, to Michi- MAY 4, 2003, AS ‘‘NATIONAL COR- RECTIONAL OFFICERS AND EM- resolution H.J. Res. 2, supra; which was or- gan landfills. Experts predict that soon dered to lie on the table. there will be virtually no local disposal PLOYEES WEEK’’ SA 78. Mr. GREGG proposed an amendment capacity in Ontario, which could mean Mr. BYRD (for himself and Mr. SAR- to the joint resolution H.J. Res. 2, supra. even more waste being shipped across BANES) submitted the following resolu- SA 79. Mr. DASCHLE submitted an amend- the border to Michigan. tion; which was referred to the Com- ment intended to be proposed by him to the Not only does this waste dramati- mittee on the Judiciary: joint resolution H.J. Res. 2, supra; which was cally decrease Michigan’s own landfill ordered to lie on the table. S. RES. 24 SA 80. Mr. DAYTON (for himself, Mr. JOHN- capacity, but it has a tremendous nega- Whereas the operation of correctional fa- SON, and Mr. COLEMAN) proposed an amend- tive impact on Michigan’s environment cilities represents a crucial component of ment to the joint resolution H.J. Res. 2, and the public health of its citizens. the criminal justice system of the United supra. The Canadian waste also hampers the States; SA 81. Mr. DAYTON (for himself and Mr. effectiveness of Michigan’s State and Whereas correctional personnel play a COLEMAN) submitted an amendment intended local recycling efforts, since Ontario vital role in protecting the rights of the pub- to be proposed by him to the joint resolution does not have a bottle law requiring re- lic to be safeguarded from criminal activity; H.J. Res. 2, supra; which was ordered to lie cycling. Whereas correctional personnel are respon- on the table. Currently, 110–130 truckloads of sible for the care, custody, and dignity of the SA 82. Mr. EDWARDS (for himself, Mr. human beings charged to their care; and LIEBERMAN, Mr. JEFFORDS, Mrs. CLINTON, and waste come into Michigan each day Whereas correctional personnel work under Mr. REID) submitted an amendment intended from Canada. These trucks cross the demanding circumstances and face danger in to be proposed by him to the joint resolution Ambassador Bridge and Blue Water their daily work lives: Now, therefore, be it H.J. Res. 2, supra; which was ordered to lie Bridge and travel through the busiest Resolved, on the table.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1251 SA 83. Mr. REID submitted an amendment joint resolution H.J. Res. 2, supra; which was SA 123. Mr. KENNEDY submitted an intended to be proposed by him to the joint ordered to lie on the table. amendment intended to be proposed by him resolution H.J. Res. 2, supra; which was or- SA 103. Mr. LEAHY (for himself, Mr. HAR- to the joint resolution H.J. Res. 2, supra; dered to lie on the table. KIN, and Ms. STABENOW) submitted an which was ordered to lie on the table. SA 84. Mr. REID submitted an amendment amendment intended to be proposed by him SA 124. Mr. KENNEDY submitted an intended to be proposed by him to the joint to the joint resolution H.J. Res. 2, supra; amendment intended to be proposed by him resolution H.J. Res. 2, supra; which was or- which was ordered to lie on the table. to the joint resolution H.J. Res. 2, supra; dered to lie on the table. SA 104. Mr. LEAHY (for himself and Ms. which was ordered to lie on the table. SA 85. Mr. REID submitted an amendment STABENOW) submitted an amendment in- SA 125. Mr. KENNEDY submitted an intended to be proposed by him to the joint tended to be proposed by him to the joint amendment intended to be proposed by him resolution H.J. Res. 2, supra; which was or- resolution H.J. Res. 2, supra; which was or- to the joint resolution H.J. Res. 2, supra; dered to lie on the table. dered to lie on the table. which was ordered to lie on the table. SA 86. Mr. INHOFE proposed an amend- SA 105. Ms. LANDRIEU submitted an SA 126. Mr. BINGAMAN submitted an ment to amendment SA 67 proposed by Mr. amendment intended to be proposed by her amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; EDWARDS (for himself, Mr. LIEBERMAN, Mr. to the joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. JEFFORDS, Mrs. CLINTON, Mr. REID, Mr. which was ordered to lie on the table. SA 127. Mr. DURBIN (for himself, Mr. DASCHLE, and Mr. SCHUMER) to the joint res- SA 106. Mr. KENNEDY submitted an DEWINE, Mr. DASCHLE, Mr. KENNEDY, Mrs. olution H.J. Res. 2, supra. amendment intended to be proposed by him BOXER, Mrs. MURRAY, Mr. SCHUMER, Ms. MI- SA 87. Mr. MCCONNELL submitted an to the joint resolution H.J. Res. 2, supra; KULSKI, Mr. LEAHY, Mr. KOHL, Mrs. CLINTON, amendment intended to be proposed by him which was ordered to lie on the table. Mr. BIDEN, Ms. LANDRIEU, Mr. CORZINE, Mr. to the joint resolution H.J. Res. 2, supra; SA 107. Mr. KENNEDY submitted an EDWARDS, and Mr. LAUTENBERG) submitted which was ordered to lie on the table. amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; an amendment intended to be proposed by SA 88. Mr. WARNER submitted an amend- him to the joint resolution H.J. Res. 2, supra; ment intended to be proposed by him to the which was ordered to lie on the table. SA 108. Ms. CANTWELL (for herself and which was ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 128. Mr. LEVIN (for himself, Mr. FITZ- ordered to lie on the table. Mr. NELSON, of Florida) submitted an amendment intended to be proposed by her to the GERALD, Mr. DEWINE, Mr. VOINOVICH, and Mr. SA 89. Mrs. CLINTON (for herself, Mr. SCHUMER) submitted an amendment intended SCHUMER, Mr. BINGAMAN, and Ms. MIKULSKI) joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. to be proposed by him to the joint resolution submitted an amendment intended to be pro- H.J. Res. 2, supra; which was ordered to lie posed by her to the joint resolution H.J. Res. SA 109. Mrs. BOXER submitted an amendment intended to be proposed by her to the on the table. 2, supra; which was ordered to lie on the SA 129. Mr. KERRY (for himself and Ms. joint resolution H.J. Res. 2, supra; which was table. SNOWE) submitted an amendment intended SA 90. Ms. LANDRIEU submitted an ordered to lie on the table. SA 110. Mrs. BOXER (for herself and Mrs. to be proposed by him to the joint resolution amendment intended to be proposed by her H.J. Res. 2, supra; which was ordered to lie to the joint resolution H.J. Res. 2, supra; FEINSTEIN) submitted an amendment intended to be proposed by her to the joint res- on the table. which was ordered to lie on the table. SA 130. Mr. CONRAD submitted an amend- olution H.J. Res. 2, supra; which was ordered SA 91. Mrs. CLINTON submitted an amendment intended to be proposed by him to the to lie on the table. ment intended to be proposed by her to the joint resolution H.J. Res. 2, supra; which was SA 111. Mrs. HUTCHISON submitted an joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. amendment intended to be proposed by her ordered to lie on the table. SA 131. Mr. HARKIN (for himself, Mr. DUR- to the joint resolution H.J. Res. 2, supra; SA 92. Mrs. FEINSTEIN submitted an BIN, Ms. LANDRIEU, and Mr. BREAUX) sub- amendment intended to be proposed by her which was ordered to lie on the table. mitted an amendment intended to be pro- SA 112. Mr. BUNNING (for himself and Mr. to the joint resolution H.J. Res. 2, supra; posed by him to the joint resolution H.J. SANTORUM) submitted an amendment in- which was ordered to lie on the table. Res. 2, supra; which was ordered to lie on the tended to be proposed by him to the joint SA 93. Mrs. FEINSTEIN submitted an table. resolution H.J. Res. 2, supra; which was or- amendment intended to be proposed by her SA 132. Mr. HARKIN (for himself, Mr. FEIN- dered to lie on the table. to the joint resolution H.J. Res. 2, supra; GOLD, and Mr. DODD) submitted an amend- SA 113. Mr. KOHL submitted an amend- which was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 94. Mr. BREAUX (for himself and Ms. joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was LANDRIEU) submitted an amendment in- ordered to lie on the table. ordered to lie on the table. SA 133. Mr. MCCAIN submitted an amend- tended to be proposed by him to the joint SA 114. Mr. JEFFORDS (for himself and resolution H.J. Res. 2, supra; which was or- ment intended to be proposed by him to the Mr. SCHUMER) submitted an amendment in- joint resolution H.J. Res. 2, supra; which was dered to lie on the table. tended to be proposed by him to the joint SA 95. Ms. LANDRIEU submitted an ordered to lie on the table. resolution H.J. Res. 2, supra; which was or- SA 134. Mr. MCCAIN submitted an amend- amendment intended to be proposed by her dered to lie on the table. to the joint resolution H.J. Res. 2, supra; ment intended to be proposed by him to the SA 115. Mr. JEFFORDS (for himself and joint resolution H.J. Res. 2, supra; which was which was ordered to lie on the table. Mr. SCHUMER) submitted an amendment in- SA 96. Mr. VOINOVICH (for himself and ordered to lie on the table. tended to be proposed by him to the joint SA 135. Mr. TALENT (for himself and Mr. Mr. DEWINE) submitted an amendment in- resolution H.J. Res. 2, supra; which was or- tended to be proposed by him to the joint LUGAR) submitted an amendment intended dered to lie on the table. to be proposed by him to the joint resolution resolution H.J. Res. 2, supra; which was or- SA 116. Mr. LEAHY submitted an amend- H.J. Res. 2, supra; which was ordered to lie dered to lie on the table. ment intended to be proposed by him to the SA 97. Mr. NELSON, of Florida (for him- on the table. joint resolution H.J. Res. 2, supra; which was SA 136. Ms. MIKULSKI (for herself, Mr. self, Mr. DASCHLE, Mr. LEAHY, Mr. DURBIN, ordered to lie on the table. KENNEDY, Mr. KERRY, Mr. JEFFORDS, and and Mr. BIDEN) submitted an amendment in- SA 117. Ms. LANDRIEU submitted an Mrs. CLINTON) submitted an amendment intended to be proposed by him to the joint amendment intended to be proposed by her tended to be proposed by her to the joint res- resolution H.J. Res. 2, supra. to the joint resolution H.J. Res. 2, supra; olution H.J. Res. 2, supra; which was ordered SA 98. Mr. MCCONNELL (for himself and which was ordered to lie on the table. to lie on the table. Mr. LEAHY) submitted an amendment in- SA 118. Mr. LEAHY submitted an amend- SA 137. Mr. LIEBERMAN (for himself, Ms. tended to be proposed by him to the joint ment intended to be proposed by him to the LANDRIEU, Mr. HOLLINGS, and Mr. GRAHAM, of resolution H.J. Res. 2, supra; which was or- joint resolution H.J. Res. 2, supra; which was Florida) submitted an amendment intended dered to lie on the table. ordered to lie on the table. to be proposed by him to the joint resolution SA 99. Mr. MCCONNELL (for himself and SA 119. Mr. KENNEDY submitted an H.J. Res. 2, supra; which was ordered to lie Mr. LEAHY) submitted an amendment in- amendment intended to be proposed by him on the table. tended to be proposed by him to the joint to the joint resolution H.J. Res. 2, supra; SA 138. Mr. BINGAMAN submitted an resolution H.J. Res. 2, supra; which was or- which was ordered to lie on the table. amendment intended to be proposed by him dered to lie on the table. SA 120. Mr. KENNEDY submitted an to the joint resolution H.J. Res. 2, supra; SA 100. Mr. GRASSLEY submitted an amendment intended to be proposed by him which was ordered to lie on the table. amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; SA 139. Mr. GRAHAM, of Florida (for him- to the joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. self, Mr. NELSON, of Florida, and Mr. VOINO- which was ordered to lie on the table. SA 121. Mr. KENNEDY submitted an VICH) submitted an amendment intended to SA 101. Mr. VOINOVICH (for himself and amendment intended to be proposed by him be proposed by him to the joint resolution Mr. DEWINE) submitted an amendment in- to the joint resolution H.J. Res. 2, supra; H.J. Res. 2, supra; which was ordered to lie tended to be proposed by him to the joint which was ordered to lie on the table. on the table. resolution H.J. Res. 2, supra; which was or- SA 122. Mr. KENNEDY submitted an SA 140. Mr. REID (for himself, Mr. WYDEN, dered to lie on the table. amendment intended to be proposed by him Mr. ENSIGN, Mr. HARKIN, and Mr. CRAPO) sub- SA 102. Mr. LEAHY submitted an amend- to the joint resolution H.J. Res. 2, supra; mitted an amendment intended to be pro- ment intended to be proposed by him to the which was ordered to lie on the table. posed by him to the joint resolution H.J.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1252 CONGRESSIONAL RECORD — SENATE January 21, 2003 Res. 2, supra; which was ordered to lie on the tended to be proposed by him to the joint to the joint resolution H.J. Res. 2, supra; table. resolution H.J. Res. 2, supra; which was or- which was ordered to lie on the table. SA 141. Mrs. MURRAY submitted an dered to lie on the table. SA 181. Mr. JEFFORDS submitted an amendment intended to be proposed by her SA 162. Mr. FITZGERALD (for himself, amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; Mrs. CLINTON, and Mrs. DOLE) submitted an to the joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. amendment intended to be proposed by him which was ordered to lie on the table. SA 142. Mr. REID submitted an amendment to the joint resolution H.J. Res. 2, supra; SA 182. Mr. KENNEDY submitted an intended to be proposed by him to the joint which was ordered to lie on the table. amendment intended to be proposed by him resolution H.J. Res. 2, supra; which was or- SA 163. Mr. FITZGERALD submitted an to the joint resolution H.J. Res. 2, supra; dered to lie on the table. amendment intended to be proposed by him which was ordered to lie on the table. SA 143. Mr. REID (for himself and Mr. KYL) to the joint resolution H.J. Res. 2, supra; SA 183. Mr. KENNEDY submitted an submitted an amendment intended to be pro- which was ordered to lie on the table. amendment intended to be proposed by him posed by him to the joint resolution H.J. SA 164. Mr. SPECTER submitted an to the joint resolution H.J. Res. 2, supra; Res. 2, supra; which was ordered to lie on the amendment intended to be proposed by him which was ordered to lie on the table. table. to the joint resolution H.J. Res. 2, supra; SA 184. Mr. KENNEDY submitted an SA 144. Mr. SANTORUM submitted an which was ordered to lie on the table. amendment intended to be proposed by him amendment intended to be proposed by him SA 165. Mr. BYRD submitted an amend- to the joint resolution H.J. Res. 2, supra; to the joint resolution H.J. Res. 2, supra; ment intended to be proposed by him to the which was ordered to lie on the table. which was ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 185. Mr. BOND submitted an amend- SA 145. Ms. SNOWE submitted an amend- ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by her to the SA 166. Mr. BYRD submitted an amend- joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the ordered to lie on the table. ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 186. Mr. BOND submitted an amend- SA 146. Mr. MCCAIN submitted an amend- ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 167. Mr. BYRD submitted an amend- joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the ordered to lie on the table. ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 187. Mr. LEAHY submitted an amend- SA 147. Mr. MCCAIN submitted an amend- ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 168. Mr. BYRD submitted an amend- joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the ordered to lie on the table. ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 188. Mr. DODD submitted an amend- SA 148. Mr. MCCAIN submitted an amend- ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 169. Mr. BYRD submitted an amend- joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the ordered to lie on the table. ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 189. Mr. INOUYE submitted an amend- SA 149. Mr. MCCAIN submitted an amend- ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 170. Mr. BYRD submitted an amend- joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the ordered to lie on the table. ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was SA 190. Mrs. BOXER (for herself and Mr. SA 150. Ms. MURKOWSKI (for herself and ordered to lie on the table. DORGAN) submitted an amendment intended Mr. STEVENS) submitted an amendment in- SA 171. Mr. BYRD submitted an amend- to be proposed by her to the joint resolution tended to be proposed by her to the joint res- ment intended to be proposed by him to the H.J. Res. 2, supra; which was ordered to lie olution H.J. Res. 2, supra; which was ordered joint resolution H.J. Res. 2, supra; which was on the table. to lie on the table. ordered to lie on the table. SA 191. Mr. BREAUX (for himself and Ms. SA 151. Ms. MURKOWSKI submitted an SA 172. Ms. LANDRIEU (for herself and Ms. LANDRIEU) submitted an amendment in- amendment intended to be proposed by her SNOWE) submitted an amendment intended tended to be proposed by him to the joint to the joint resolution H.J. Res. 2, supra; to be proposed by her to the joint resolution resolution H.J. Res. 2, supra; which was or- which was ordered to lie on the table. SA 152. Mr. CHAMBLISS submitted an H.J. Res. 2, supra; which was ordered to lie dered to lie on the table. SA 192. Mr. LAUTENBERG (for himself, amendment intended to be proposed by him on the table. SA 173. Mr. KENNEDY submitted an Mrs. BOXER, and Mr. KENNEDY) submitted an to the joint resolution H.J. Res. 2, supra; amendment intended to be proposed by him amendment intended to be proposed by him which was ordered to lie on the table. SA 153. Mr. VOINOVICH submitted an to the joint resolution H.J. Res. 2, supra; to the joint resolution H.J. Res. 2, supra; amendment intended to be proposed by him which was ordered to lie on the table. which was ordered to lie on the table. to the joint resolution H.J. Res. 2, supra; SA 174. Mr. AKAKA (for himself and Ms. SA 193. Mr. JEFFORDS (for himself and which was ordered to lie on the table. MIKULSKI) submitted an amendment in- Mr. LEAHY) submitted an amendment in- SA 154. Mr. VOINOVICH submitted an tended to be proposed by him to the joint tended to be proposed by him to the joint amendment intended to be proposed by him resolution H.J. Res. 2, supra; which was or- resolution H.J. Res. 2, supra; which was or- to the joint resolution H.J. Res. 2, supra; dered to lie on the table. dered to lie on the table. which was ordered to lie on the table. SA 175. Mr. SCHUMER submitted an SA 194. Mr. JEFFORDS submitted an SA 155. Mr. DOMENICI (for himself and Mr. amendment intended to be proposed by him amendment intended to be proposed by him BINGAMAN) submitted an amendment in- to the joint resolution H.J. Res. 2, supra; to the joint resolution H.J. Res. 2, supra; tended to be proposed by him to the joint which was ordered to lie on the table. which was ordered to lie on the table. resolution H.J. Res. 2, supra; which was or- SA 176. Mr. SCHUMER (for himself, Mr. SA 195. Mr. DAYTON submitted an amend- dered to lie on the table. GRAHAM, of Florida, Mr. KENNEDY, Mr. REID, ment intended to be proposed by him to the SA 156. Mr. DOMENICI submitted an Mrs. CLINTON, Mr. JOHNSON, Mr. CONRAD, Mr. joint resolution H.J. Res. 2, supra; which was amendment intended to be proposed by him KERRY, Mr. DASCHLE, Mr. JEFFORDS, Ms. ordered to lie on the table. to the joint resolution H.J. Res. 2, supra; LANDRIEU, and Mr. LEAHY) submitted an SA 196. Mr. DAYTON submitted an amend- which was ordered to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 157. Mr. DOMENICI (for himself and Mr. to the joint resolution H.J. Res. 2, supra; joint resolution H.J. Res. 2, supra; which was BINGAMAN) submitted an amendment in- which was ordered to lie on the table. ordered to lie on the table. tended to be proposed by him to the joint SA 177. Mr. SCHUMER (for himself, Ms. SA 197. Mr. JEFFORDS (for himself, Mr. resolution H.J. Res. 2, supra; which was or- MIKULSKI, Mr. SMITH, Mr. KENNEDY, Mr. SAR- KENNEDY, Mr. KERRY, Mrs. BOXER, Mr. LIE- dered to lie on the table. BANES, Mrs. MURRAY, Mr. LAUTENBERG, Ms. BERMAN, Mr. LEAHY, and Mr. SCHUMER) sub- SA 158. Mr. DOMENICI (for himself and Mr. CANTWELL, and Mrs. CLINTON) submitted an mitted an amendment intended to be pro- BINGAMAN) submitted an amendment in- amendment intended to be proposed by him posed by him to the joint resolution H.J. tended to be proposed by him to the joint to the joint resolution H.J. Res. 2, supra; Res. 2, supra; which was ordered to lie on the resolution H.J. Res. 2, supra; which was or- which was ordered to lie on the table. table. dered to lie on the table. SA 178. Mr. NELSON, of Florida (for him- SA 198. Mr. JEFFORDS (for himself, Mr. SA 159. Mr. STEVENS submitted an self, Mr. DASCHLE, and Mr. LEAHY) submitted KENNEDY, Mr. KERRY, Mrs. BOXER, Mr. LIE- amendment intended to be proposed by him an amendment intended to be proposed by BERMAN, Mr. LEAHY , and Mr. SCHUMER) sub- to the joint resolution H.J. Res. 2, supra; him to the joint resolution H.J. Res. 2, supra; mitted an amendment intended to be pro- which was ordered to lie on the table. which was ordered to lie on the table. posed by him to the joint resolution H.J. SA 160. Mr. STEVENS submitted an SA 179. Mr. LEAHY submitted an amend- Res. 2, supra; which was ordered to lie on the amendment intended to be proposed by him ment intended to be proposed by him to the table. to the joint resolution H.J. Res. 2, supra; joint resolution H.J. Res. 2, supra; which was SA 199. Mr. DURBIN submitted an amend- which was ordered to lie on the table. ordered to lie on the table. ment intended to be proposed by him to the SA 161. Mr. DOMENICI (for himself and Mr. SA 180. Mr. JEFFORDS submitted an joint resolution H.J. Res. 2, supra; which was BINGAMAN) submitted an amendment in- amendment intended to be proposed by him ordered to lie on the table.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1253 SA 200. Mr. FEINGOLD submitted an SA 221. Mrs. BOXER submitted an amend- SA 242. Mr. EDWARDS submitted an amendment intended to be proposed by him ment intended to be proposed by her to the amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; joint resolution H.J. Res. 2, supra; which was to the joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. ordered to lie on the table. which was ordered to lie on the table. SA 201. Mr. FEINGOLD submitted an SA 222. Mrs. BOXER submitted an amend- SA 243. Mr. EDWARDS submitted an amendment intended to be proposed by him ment intended to be proposed by her to the amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; joint resolution H.J. Res. 2, supra; which was to the joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. ordered to lie on the table. which was ordered to lie on the table. SA 202. Mr. FEINGOLD submitted an SA 223. Mrs. BOXER (for herself and Mrs. SA 244. Mr. EDWARDS submitted an amendment intended to be proposed by him FEINSTEIN) submitted an amendment in- amendment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; tended to be proposed by her to the joint res- to the joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. olution H.J. Res. 2, supra; which was ordered which was ordered to lie on the table. SA 203. Mr. ALLEN submitted an amend- to lie on the table. SA 245. Mr. DOMENICI submitted an ment intended to be proposed by him to the SA 224. Mr. BOND submitted an amend- amendment intended to be proposed by him joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the to the joint resolution H.J. Res. 2, supra; ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was which was ordered to lie on the table. SA 204. Mr. COCHRAN submitted an ordered to lie on the table. amendment intended to be proposed by him SA 225. Ms. LANDRIEU (for herself and Mr. f to the joint resolution H.J. Res. 2, supra; BREAUX) submitted an amendment intended TEXT OF AMENDMENTS which was ordered to lie on the table. to be proposed by her to the joint resolution SA 205. Mr. McCONNELL submitted an H.J. Res. 2, supra; which was ordered to lie amendment intended to be proposed by him on the table. SA 67. Mr. EDWARDS (for himself, to the joint resolution H.J. Res. 2, supra; SA 226. Mr. KOHL submitted an amend- Mr. LIEBERMAN, Mr. JEFFORDS, Mrs. which was ordered to lie on the table. ment intended to be proposed by him to the CLINTON, Mr. REID, Mr. DASCHLE, and SA 206. Mr. VOINOVICH (for himself and joint resolution H.J. Res. 2, supra; which was Mr. SCHUMER) proposed an amendment Mr. DEWINE) submitted an amendment in- ordered to lie on the table. tended to be proposed by him to the joint SA 227. Mr. KOHL submitted an amend- to the joint resolution H.J. Res. 2, resolution H.J. Res. 2, supra; which was or- ment intended to be proposed by him to the making further continuing appropria- dered to lie on the table. joint resolution H.J. Res. 2, supra; which was tions for the fiscal year 2003, and for SA 207. Mr. VOINOVICH (for himself and ordered to lie on the table. other purposes; as follows: EWINE) submitted an amendment in- Mr. D SA 228. Mr. HARKIN submitted an amend- At the appropriate place, insert the fol- tended to be proposed by him to the joint ment intended to be proposed by him to the lowing: resolution H.J. Res. 2, supra; which was or- joint resolution H.J. Res. 2, supra; which was dered to lie on the table. ordered to lie on the table. SEC. ll. NEW SOURCE REVIEW FINAL RULE. SA 208. Mr. SMITH (for himself and Mr. SA 229. Mr. HARKIN submitted an amend- (a) COOPERATIVE AGREEMENT.—As soon as WYDEN) submitted an amendment intended ment intended to be proposed by him to the practicable after the date of enactment of to be proposed by him to the joint resolution joint resolution H.J. Res. 2, supra; which was this Act, the Administrator of the Environ- H.J. Res. 2, supra; which was ordered to lie ordered to lie on the table. mental Protection Agency shall enter into a on the table. SA 230. Mr. MCCAIN submitted an amend- cooperative agreement with the National SA 209. Mr. SMITH (for himself and Mr. ment intended to be proposed by him to the Academy of Sciences to determine, not later WYDEN) submitted an amendment intended joint resolution H.J. Res. 2, supra; which was than September 1, 2003, whether and to what to be proposed by him to the joint resolution ordered to lie on the table. extent the final rule relating to prevention H.J. Res. 2, supra; which was ordered to lie SA 231. Mr. GRAHAM, of Florida (for him- of significant deterioration and nonattain- on the table. self and Mr. KENNEDY) submitted an amendment new source review, published at 67 Fed. SA 210. Mr. NICKLES submitted an amendment intended to be proposed by him to the Reg. 80186 (December 31, 2002), would allow or ment intended to be proposed by him to the joint resolution H.J. Res. 2, supra; which was could result in— joint resolution H.J. Res. 2, supra; which was ordered to lie on the table. (1) any increase in air pollution (in the ag- ordered to lie on the table. SA 232. Mr. GRAHAM, of Florida (for him- gregate or at any specific site); or SA 211. Mr. MCCAIN submitted an amend- self and Mr. KENNEDY) submitted an amend- (2) any adverse effect on human health. ment intended to be proposed by him to the ment intended to be proposed by him to the (b) DELAYED EFFECTIVE DATE.—The final joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was rule described in subsection (a) shall not ordered to lie on the table. ordered to lie on the table. take effect before September 15, 2003. SA 212. Mr. MCCAIN submitted an amend- SA 233. Mr. CORZINE (for himself and Mrs. ment intended to be proposed by him to the CLINTON) submitted an amendment intended SA 68. Mr. SPECTER submitted an joint resolution H.J. Res. 2, supra; which was to be proposed by him to the joint resolution amendment intended to be proposed by ordered to lie on the table. H.J. Res. 2, supra; which was ordered to lie him to the joint resolution H.J. Res. 2, SA 213. Mr. MCCAIN submitted an amend- on the table. ment intended to be proposed by him to the SA 234. Mr. CORZINE submitted an amend- making further continuing appropria- joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the tions for the fiscal year 2003, and for ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was other purposes; which was ordered to SA 214. Mr. MCCAIN submitted an amend- ordered to lie on the table. lie on the table; as follows: ment intended to be proposed by him to the SA 235. Mr. CORZINE submitted an amend- At the appropriate place, insert: joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the SEC. ll. MODIFICATION OF FUNDING REQUIRE- ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was MENTS FOR CERTAIN PLANS. SA 215. Mr. STEVENS submitted an ordered to lie on the table. (a) FUNDING RULES FOR CERTAIN PLANS.— amendment intended to be proposed by him SA 236. Mr. HARKIN submitted an amend- (1) IN GENERAL.—Notwithstanding any to the joint resolution H.J. Res. 2, supra; ment intended to be proposed by him to the other provision of the Internal Revenue Code which was ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was of 1986 or the Employee Retirement Income SA 216. Mr. STEVENS submitted an ordered to lie on the table. amendment intended to be proposed by him SA 237. Mr. DODD submitted an amend- Security Act of 1974, the minimum funding to the joint resolution H.J. Res. 2, supra; ment intended to be proposed by him to the rules under paragraph (2) shall apply for any which was ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was plan year beginning after December 31, 2002, SA 217. Mr. STEVENS submitted an ordered to lie on the table. in the case of a defined benefit plan which— amendment intended to be proposed by him SA 238. Mr. DODD submitted an amend- (A) was established by an air carrier which to the joint resolution H.J. Res. 2, supra; ment intended to be proposed by him to the was granted a conditional loan guarantee by which was ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was the Air Transport Stabilization Board on SA 218. Mr. HATCH submitted an amend- ordered to lie on the table. July 10, 2002, and which filed for protection ment intended to be proposed by him to the SA 239. Mr. DODD submitted an amend- under chapter 11 of title 11, United States joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the Code, on August 11, 2002, and ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was (B) is maintained for the benefit of such SA 219. Mr. HATCH submitted an amend- ordered to lie on the table. carrier’s employees pursuant to a collective ment intended to be proposed by him to the SA 240. Mr. SMITH submitted an amend- bargaining agreement. joint resolution H.J. Res. 2, supra; which was ment intended to be proposed by him to the (2) SPECIAL FUNDING RULE.— ordered to lie on the table. joint resolution H.J. Res. 2, supra; which was (A) IN GENERAL.—In the case of a plan de- SA 220. Mrs. BOXER (for herself, Mr. EN- ordered to lie on the table. scribed in paragraph (1), the minimum fund- SIGN, and Mr. SPECTER) submitted an amend- SA 241. Mr. CHAFEE submitted an amending requirements under this paragraph shall ment intended to be proposed by her to the ment intended to be proposed by him to the be the requirements set forth in Treasury joint resolution H.J. Res. 2, supra; which was joint resolution H.J. Res. 2, supra; which was Regulation section 1.412(c)(1)–3 (as in effect ordered to lie on the table. ordered to lie on the table. on the date of the enactment of this section).

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1254 CONGRESSIONAL RECORD — SENATE January 21, 2003 (B) RULES OF SPECIAL APPLICATION.—In ap- tinuing appropriations for the fiscal IDEA since 1995, the Federal Government has plying the requirements of Treasury Regula- year 2003, and for other purposes; as never provided more than 17 percent of the tion section 1.412(c)(1)–3 for purposes of para- follows: maximum State grant allocation for edu- graph (1)— cating children with disabilities. On page 1052, line 25, strike ‘‘budget).’’ and (i) the plan shall be treated as having met (15) By fully funding IDEA, Congress will insert the following: ‘‘budget). the requirements of Treasury Regulation strengthen the ability of States and local- section 1.412(c)(1)–3(a)(2), TITLE ll—FUNDING EDUCATION FOR ities to implement the requirements of (ii) the payment schedules shall be deter- CHILDREN WITH DISABILITIES IDEA. SEC. ll. HELPING CHILDREN SUCCEED BY mined— SEC. ll. FUNDING FOR PART B OF THE INDIVID- FUNDING THE INDIVIDUALS WITH (I) by using the maximum amortization pe- UALS WITH DISABILITIES EDU- DISABILITIES EDUCATION ACT CATION ACT. riod permitted under section 1.412(c)(1)–3, (IDEA). and Congress makes the following findings: (a) IN GENERAL.—Notwithstanding any (II) on the basis of the actuarial valuation (1) All children deserve a quality edu- other provision of this Act, in addition to of the accrued liability and the current li- cation. any amounts otherwise appropriated under ability of the plan as of January 1, 2003, less (2) In Pennsylvania Association for Re- this Act for part B of the Individuals with the actuarial value of the plan assets on that tarded Children vs. Commonwealth of Penn- Disabilities Education Act, other than sec- date, sylvania (334 F. Supp. 1247)(E. Dist. Pa. 1971), tion 619 of such part, the following sums are (iii) the payments under a restoration pay- and Mills vs. Board of Education of the Dis- appropriated, out of any money in the Treas- ment schedule shall be made in level trict of Columbia (348 F. Supp. 866)(Dist. D.C. ury not otherwise appropriated for the fiscal amounts over the payment period, and 1972), the courts found that children with year ending September 30, 2003, $1,500,000,000 (iv) the actuarial value of assets shall be disabilities are entitled to an equal oppor- for carrying out such part, other than sec- the fair market value of such assets as of tunity to an education under the 14th tion 619 of such part, to remain available January 1, 2003, with prospective investment amendment of the Constitution. through September 30, 2004. returns in excess of or less than the assumed (3) In 1975, Congress passed what is now (b) ACROSS-THE-BOARD RESCISSION.—Not- return phased in over 5 years. known as the Individuals with Disabilities withstanding any other provision of this Act, (b) EFFECTIVE DATE.—The amendments Education Act (referred to in this section as funds provided under subsection (a) shall not made by this section shall apply to plan ‘‘IDEA’’) (20 U.S.C. 1400 et seq.) to help result in a further across-the-board rescis- years beginning after December 31, 2002. States provide all children with disabilities a sion under section 601 of Division N.’’. free, appropriate public education in the SA 69. Mrs. CLINTON submitted an least restrictive environment. At full fund- SA 72. Mr. LEAHY submitted an amendment intended to be proposed by ing, Congress contributes 40 percent of the amendment intended to be proposed by her to the joint resolution H.J. Res. 2, average per pupil expenditure for each child him to the joint resolution H.J. Res. 2, making further continuing appropria- with a disability served. making further continuing appropriations for the fiscal year 2003, and for (4) Before 1975, only 1⁄5 of the children with tions for the fiscal year 2003, and for other purposes; which was ordered to disabilities received a formal education. At other purposes; which was ordered to lie on the table; as follows: that time, many States had laws that spe- lie on the table; as follows: cifically excluded many children with dis- On page 1014, after line 13, insert the fol- abilities, including children who were blind, At the appropriate place in the joint reso- lowing new section: deaf, or emotionally disturbed, from receiv- lution, insert the following: ‘‘SEC. 423. From amounts previously ap- ing such an education. SEC. ll. In addition to the funds provided propriated under the heading ‘‘Emergency (5) IDEA currently serves an estimated elsewhere in this joint resolution, the fol- Response Fund’’ in Public Law 107–038, 200,000 infants and toddlers, 600,000 pre- lowing sums are appropriated, out of any $90,000,000 shall be made ava lable, until ex- schoolers, and 5,400,000 children 6 to 21 years money in the Treasury not otherwise appro- pended, for the Federal Emergency Manage- of age. priated, for fiscal year 2003: $10,000,000 to pro- ment Agency to administer baseline and fol- (6) IDEA enables children with disabilities vide for grants as authorized by section 11027 low-up screening and clinical examinations to be educated in their communities, and of Public Law 107–273, to implement the and long-term health monitoring and anal- thus, has assisted in dramatically reducing Crime-free Rural States Program. ysis for emergency services personnel and the number of children with disabilities who (b) The amount made available under the rescue and recovery personnel, of which not must live in State institutions away from account for buildings and facilities of the less that $25,000,000 shall be made available their families. Federal Prison System in this joint resolu- for such services for current and retired fire- (7) The number of children with disabilities tion is reduced by $10,000,000. fighters.’’. who complete high school has grown significantly since the enactment of IDEA. SA 73. Mr. LEAHY submitted an SA 70. Mr. FRIST submitted an (8) The number of children with disabilities amendment intended to be proposed by amendment intended to be proposed by who enroll in college as freshmen has more him to the joint resolution H.J. Res. 2, him to the joint resolution H.J. Res. 2, than tripled since the enactment of IDEA. making further continuing appropria- making further continuing appropria- (9) The overall effectiveness of IDEA de- tions for the fiscal year 2003, and for tions for the fiscal year 2003, and for pends upon well trained special education other purposes; which was ordered to other purposes; which was ordered to and general education teachers, related services personnel, and other school personnel. lie on the table; as follows: lie on the table, as follows: Congress recognizes concerns about the na- At the appropriate place in the joint reso- At the appropriate place add the following: tionwide shortage of personnel serving stu- lution, insert the following: United States Postal Service dents with disabilities and the need for im- SEC. ll. In addition to the funds provided The United States Postal Service (USPS) provement in the qualifications of such per- elsewhere in this joint resolution, the fol- is required under Title 5, Chapter 83 United sonnel. lowing sums are appropriated, out of any States Code, to fund civil service Retirement (10) IDEA has raised the Nation’s aware- money in the Treasury not otherwise appro- System benefits attributable to USPS em- ness about the abilities and capabilities of priated, for fiscal year 2003: $10,000,000 to pro- ployment since 1971; children with disabilities. vide for grants as authorized by section 11027 The Office of Personnel Management has (11) Improvements to IDEA in the 1997 of Public Law 107–273, to implement the reviewed the USPS financing of the civil amendments increased the academic Crime-free Rural States Program. Service Retirement System and determined achievement of children with disabilities and current law payments overfund USPS liabil- helped them to lead productive, independent SA 74. Mr. STEVENS (for himself and ity; lives. Mr. FRIST) submitted an amendment Therefore, It is the Sense of the Senate (12) Changes made in 1997 also addressed intended to be proposed by him to the that the Congress should address the USPS the needs of those children whose behavior joint resolution H.J. Res. 2, making funding of the Civil Service Retirement Sys- impedes learning by implementing behav- further continuing appropriations for tem pension benefits. ioral assessments and intervention strate- the fiscal year 2003, and for other pur- gies to ensure that they receive appropriate poses; which was ordered to lie on the SA 71. Mr. DODD (for himself, Mr. supports in order to receive a quality edu- table, as follows: KENNEDY, Ms. MIKULSKI, Mr. JEFFORDS, cation. Mrs. MURRAY, Mr. EDWARDS, Mr. DAY- (13) IDEA requires a full partnership be- In Division L, Homeland Security Act of tween parents of children with disabilities 2002 Amendments, in Section 101(1)(b)(2)(c), TON, Mr. CORZINE, Mr. KERRY, Mr. REID, and education professionals in the design and strike the first sentence and insert in lieu Mr. REED, Mrs. CLINTON, Mr. BINGAMAN, implementation of the educational services thereof: Mr. JOHNSON, and Mr. SCHUMER) pro- provided to children with disabilities. ‘‘To the extent that exercising such discre- posed an amendment to the joint reso- (14) While the Federal Government has tion is in the interest of Homeland Security, lution H.J. Res. 2, making further con- more than doubled funding for part B of and with respect to the designation of any

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1255 given university-based center for homeland the following sum is appropriated out of any SEC. 204. FUNDING. security, the Security may except certain money in the Treasury not otherwise appro- Of the funds of the Commodity Credit Cor- criteria as specified in 308(b)(2)(B) and con- priated for this fiscal year ending September poration, the Secretary shall— sider additional criteria beyond those speci- 30, 2003, $1,500,000,000, which is to remain (1) use such sums as are necessary to carry fied in 308(b)(2)(B).’’ available through September 30, 2004, pro- out this title, to remain available until ex- vided that, unless there is a separate and pended; and SA 75. Mrs. CLINTON submitted an specific offset for any amounts that are ap- (2) transfer to the fund established by sec- amendment intended to be proposed by propriated under Title III of Division G for tion 32 of the Act of August 24, 1935 (7 U.S.C. her to the joint resolution H.J. Res. 2, support of special education in excess of 612c), to remain available until expended, an making further continuing appropria- $9,691,424,000 for the individuals with Disabil- amount equal to the amount of funds under section 32 of that Act that— tions for the fiscal year 2003, and for ities Education Act, the percentage amount of any across-the-board rescission provided (A) were made available before the date of other purposes; which was ordered to under section 601 of Division of N of this Act enactment of this Act to provide assistance lie on the table; as follows: shall be increased by the percentage amount to livestock producers under the 2002 Live- On page 1037, strike lines 7 through 12 and necessary to rescind an amount of funds stock Compensation Program announced by insert the following: equal to the total amounts appropriated in the Secretary on October 10, 2002 (67 Fed. SEC. 206. SPECIALTY CROPS. excess of $9,691,424,000 for special education Reg. 63070); and (a) DEFINITION OF SPECIALTY CROP.—In this in Title III of Division G.’’ (B) were not otherwise reimbursed from section, the term ‘‘specialty crop’’ means another account used by the Secretary or any agricultural commodity, other than SA 79. Mr. DASCHLE submitted an the Commodity Credit Corporation. wheat, feed grains, oilseeds, cotton, rice, amendment intended to be proposed by SEC. 205. EMERGENCY DESIGNATION. peanuts, or tobacco. him to the joint resolution H.J. Res. 2, (a) IN GENERAL.—The entire amount made (b) ASSISTANCE.—The Secretary shall use making further continuing appropria- available under this title shall be available $500,000,000 of funds of the Commodity Credit tions for the fiscal year 2003, and for only to the extent that the President sub- Corporation to provide emergency financial mits to Congress an official budget request other purposes; which was ordered to for a specific dollar amount that includes assistance for each of crop years 2001 and 2002 lie on the table; as follows: to producers of specialty crops for losses in- designation of the entire amount of the re- curred as a result of damaging weather or re- Beginning on page 1032, strike line 21 and quest as an emergency requirement for the purposes of the Balanced Budget and Emer- lated condition. all that follows through page 1040, line 25, and insert the following: gency Deficit Control Act of 1985 (2 U.S.C. 900 TITLE II—EMERGENCY AGRICULTURAL et seq.). SA 76. Mr. KOHL submitted an (b) DESIGNATION.—The entire amount made DISASTER ASSISTANCE amendment intended to be proposed by available under this section is designated by him to the joint resolution H.J. Res. 2, SEC. 201. SHORT TITLE. Congress as an emergency requirement under making further continuing appropria- This title may be cited as the ‘‘Emergency sections 251(b)(2)(A) and 252(e) of that Act (2 tions for the fiscal year 2003, and for Agricultural Disaster Assistance Act of U.S.C. 901(b)(2)(A), 902(e)). 2003’’. other purposes, which was ordered to SEC. 206. BUDGETARY TREATMENT. SEC. 202. CROP DISASTER ASSISTANCE. lie on the table; as follows: Notwithstanding Rule 3 of the Budget (a) IN GENERAL.—The Secretary of Agri- Scorekeeping Guidelines set forth in the In Division A, at the appropriate place, in- culture (referred to in this title as the ‘‘Sec- Joint Explanatory Statement of the Com- sert the following new section: retary’’) shall use such sums as are nec- mittee of Conference accompanying Con- ‘‘SEC. . There is hereby appropriated essary of funds of the Commodity Credit Cor- ference Report No. 105–217, the provisions of $6,000,000 for grants made available in ac- poration to make emergency financial as- this title that would have been estimated by cordance with section 7412 of Public Law 107– sistance authorized under this section avail- the Office of Management and Budget as 171.’’ able to producers on a farm that have in- changing direct spending or receipts under curred qualifying crop losses for the 2001 or section 252 of the Balanced Budget and SA 77. Mr. KOHL submitted an 2002 crop, or both, due to damaging weather Emergency Deficit Control Act of 1985 (2 amendment intended to be proposed by or related condition, as determined by the U.S.C. 902) were it included in an Act other him to the joint resolution H.J. Res. 2, Secretary. than an appropriation Act shall be treated as making further continuing appropria- (b) ADMINISTRATION.—The Secretary shall direct spending or receipts legislation, as ap- tions for the fiscal year 2003, and for make assistance available under this section propriate, under section 252 of the Balanced in the same manner as provided under sec- Budget and Emergency Deficit Control Act other purposes; which was ordered to tion 815 of the Agriculture, Rural Develop- of 1985 (2 U.S.C. 902). lie on the table, as follows: ment, Food and Drug Administration, and In Division A, at the appropriate place, in- Related Agencies Appropriations Act, 2001 SA 80. Mr. DAYTON (for himself, Mr. sert the following new section: (Public Law 106–387; 114 Stat. 1549, 1549A–55), JOHNSON, and Mr. COLEMAN) proposed ‘‘SEC. . SUMMER FOOD PILOT PROJECTS. including using the same loss thresholds for an amendment to the joint resolution (a) IN GENERAL.—Section 18(f) of the Rich- the quantity and quality losses as were used H.J. Res. 2, making further continuing ard B. Russell National School Lunch Act (42 in administering that section. appropriations for the fiscal year 2003, U.S.C. 1769(f)) is amended— (c) CROP INSURANCE.—In carrying out this and for other purposes; as follows: (1) in paragraph (1), by striking ‘‘means a section, the Secretary shall not discriminate against or penalize producers on a farm that At the appropriate place, insert the fol- State’’ and all that follows and inserting lowing: ‘‘means each State.’’; have purchased crop insurance under the SEC. ll. CONTRACTS WITH CORPORATE EXPA- (2) in paragraph (5)(A), by striking ‘‘pilot Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). TRIATES. project’’ and inserting ‘‘pilot projects carried (a) SHORT TITLE.—This section may be out in eligible States that participated in SEC. 203. LIVESTOCK ASSISTANCE PROGRAM. cited as the ‘‘Senator Paul Wellstone Cor- the pilot project during fiscal year 2001’’; and (a) IN GENERAL.—The Secretary shall use porate Patriotism Act of 2003’’. (3) in paragraph (6)(A), by inserting ‘‘in eli- such sums as are necessary of funds of the (b) LIMITATION ON WAIVERS.—Section 835 of gible States that participated in the pilot Commodity Credit Corporation as are nec- the Homeland Security Act of 2002 (Public project during fiscal year 2001’’ after ‘‘car- essary to make and administer payments for Law 107–296) is amended by striking sub- ried out’’. livestock losses to producers for 2001 or 2002 section (d) and inserting the following: (b) EFFECTIVE DATE.—The amendments losses, or both, in a county that has received ‘‘(d) WAIVERS.—The President may waive made by subsection (a) take effect imme- a corresponding emergency designation by subsection (a) with respect to any specific diately upon enactment of this Act.’’ the President or the Secretary, of which an contract if the President certifies to Con- amount determined by the Secretary shall be gress that the waiver is essential to the na- SA 78. Mr. GREGG proposed an made available for the American Indian live- tional security.’’. amendment to the joint resolution H.J. stock program under section 806 of the Agri- (c) EXPANDED COVERAGE OF ENTITIES.—Sec- Res. 2, making further continuing ap- culture, Rural Development, Food and Drug tion 835(a) of such Act is amended by insert- propriations for the fiscal year 2003; Administration, and Related Agencies Ap- ing ‘‘nor any directly or indirectly held sub- propriations Act, 2001 (Public Law 106–387; sidiary of such entity’’ after ‘‘subsection and for other purposes; as follows: 114 Stat. 1549, 1549A–51). (b)’’. At the appropriate place, add the fol- (b) ADMINISTRATION.—The Secretary shall (d)Section 835(b)(1) of such act is amended lowing: make assistance available under this section by inserting ‘‘before, on, or’’ after ‘‘com- ‘‘SEC. . FUNDING FOR INDIVIDUALS WITH DIS- in the same manner as provided under sec- pletes’’. ABILITIES EDUCATION ACT. tion 806 of the Agriculture, Rural Develop- In addition to any amounts otherwise ap- ment, Food and Drug Administration, and SA 81. Mr. DAYTON (for himself and propriated under this Act for support of the Related Agencies Appropriations Act, 2001 Mr. COLEMAN) submitted an amend- Individuals with Disabilities Education Act (Public Law 106–387; 114 Stat. 1549, 1549A–51). ment intended to be proposed by him

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1256 CONGRESSIONAL RECORD — SENATE January 21, 2003 to the joint resolution H.J. Res. 2, him to the joint resolution H.J. Res. 2, (2) impacts on human health; making further continuing appropria- making further continuing appropria- (3) pollution control and prevention tech- tions for the fiscal year 2003, and for tions for the fiscal year 2003, and for nologies installed after the effective date of other purposes; which was ordered to the rule at facilities covered under the rule- other purposes; which was ordered to making; lie on the table; as follows: lie on the table; as follows: (4) increases or decreases in efficiency of At the appropriate place, insert the fol- SEC. . NORTH LAS VEGAS WATER REUSE operations, including energy efficiency, at lowing: PROJECT. covered facilities; and SEC. ll. CONTRACTS WITH CORPORATE EXPA- (a) AUTHORIZATION.—The Secretary of the (5) other relevant data. TRIATES. Interior, in cooperation with the appropriate (b) DEADLINE.—The NAS shall submit an (a) SHORT TITLE.—This section may be local authorities, may participate in the de- interim report to Congress no later than cited as the ‘‘Senator Paul Wellstone Cor- sign, planning, and construction of the North March 3, 2004, and shall submit a final report porate Patriotism Act of 2003’’. Las Vegas Water Reuse Project (hereinafter on implementation of the rules. (b) LIMITATION ON WAIVERS.—Section 835 of referred to as the ‘Project’) to reclaim and the Homeland Security Act of 2002 (Public reuse water in the service area of the North SA 87. Mr. MCCONNELL submitted Law 107–296) is amended by striking sub- Las Vegas Utility Division Service Area of an amendment intended to be proposed section (d) and inserting the following: the city North Las Vegas and country of by him to the joint resolution H.J. Res. ‘‘(d) WAIVERS.—The President may waive Clark, Nevada. subsection (a) with respect to any specific 2, making further continuing appro- (b) COST SHARE.—The Federal share of the contract if the President certifies to Con- priations for the fiscal year 2003, and cost of the Project shall not exceed 25 per- for other purposes; which was ordered gress that the waiver is essential to the na- cent of the total cost. tional security.’’. (c) LIMITATION.—Funds provided by the to lie on the table; as follows: (c) EXPANDED COVERAGE OF ENTITIES.—Sec- Secretary shall not be used for the operation At the appropriate place, insert the fol- tion 835(a) of such Act is amended by insert- or maintenance of the Project. lowing: ing ‘‘nor any directly or indirectly held sub- (d) FUNDING.—Funds appropriated pursuant SEC. ll. (a) Section 218(d)(6)(C) of the So- sidiary of such entity’’ after ‘‘subsection to section 1631 of the Reclamation Waste- cial Security Act (42 U.S.C. 418(d)(6)(C)) is (b)’’. water and Groundwater Study and Facilities amended by inserting ‘‘Kentucky,’’ after ‘‘Il- (d) Section 835(b)(1) of such act is amended Act (43 U.S.C. 390h–13) may be used for the linois,’’. by inserting ‘‘before, on, or’’ after ‘‘com- (b) The amendment made by subsection (a) pletes’’. Project. SEC. . Reclamation Wastewater and takes effect on January 1, 2003. SEC. This provision shall take effect 1 day after enactment. Groundwater Study and Facilities Act.—De- sign, planning, and construction of the SA 88. Mr. WARNER submitted an SA 82. Mr. EDWARDS (for himself, Project authorized by this Act shall be in ac- amendment intended to be proposed by Mr. LIEBERMAN, Mr. JEFFORDS, Mrs. cordance with, and subject to the limitations him to the joint resolution H.J. Res. 2, contained in, the Reclamation Wastewater CLINTON, and Mr. REID) submitted an making further continuing appropria- and Groundwater Study and Facilities Act amendment intended to be proposed by tions for the fiscal year 2003, and for (106 Stat. 4663–4669, 43 U.S.C. 390th et seq.), as other purposes; which was ordered to him to the joint resolution H.J. Res. 2, amended. making further continuing appropria- lie on the table; as follows: tions for the fiscal year 2003, and for SA. 85. Mr. REID submitted an On page 486, between lines 8 and 9, insert other purposes; which was ordered to amendment intended to be proposed by the following: lie on the table; as follows: him to the joint resolution H.J. Res. 2, SEC. ll. REPLACEMENT OF COASTAL BARRIER RESOURCES SYSTEM MAP. At the appropriate place, insert the fol- making further continuing appropria- (a) IN GENERAL.—The map described in sub- lowing: tions for the fiscal year 2003, and for section (b) is replaced, in the maps depicting SEC. ll. NEW SOURCE REVIEW FINAL RULE. other purposes; which was ordered to the Coastal Barrier Resources System that (a) COOPERATIVE AGREEMENT.—As soon as lie on the table; as follows: are referred to in section 4(a) of the Coastal practicable after the date of enactment of At the appropriate place, insert the fol- Barrier Resources Act (16 U.S.C. 3503(a)), by this Act, the Administrator of the Environ- lowing: the map entitled ‘‘Plum Tree Island Unit mental Protection Agency shall enter into a SEC. . The Secretary of the Interior, and VA–59P, Long Creek Unit VA–60/VA–60P’’ cooperative agreement with the National the heads of other participating Federal and dated May 1, 2002. Academy of Sciences to determine, not later agencies, may participate in the CALFED (b) DESCRIPTION OF REPLACED MAP.—The than September 1, 2003, whether and to what Bay-Delta Authority established by the Cali- map referred to in subsection (a) is the map extent the final rule relating to prevention fornia Bay-Delta Act (2002 Cal. Stat. Chap. that— of significant deterioration and nonattain- 812), to the extent not inconsistent with (1) relates to Plum Island Unit VA–59P and ment new source review, published at 67 Fed. other law. The Secretary of the Interior, in Long Creek Unit VA–60/VA–60P located in Reg. 80186 (December 31, 2002), would allow or carrying out CALFED activities, may under- Poquoson and Hampton, Virginia; and could result in— take feasibility studies for Sites Reservoir, (2) is included in a set of maps entitled (1) any increase in air pollution (in the ag- Los Vaqueros Enlargement, In-Delta Stor- ‘Coastal Barrier Resources System’’, dated gregate or at any specific site); or age, and Upper San Joaquin Storage October 24, 1990, revised on October 23, 1992, (2) any adverse effect on human health. and referred to in section 4(a) of the Coastal (b) DELAYED EFFECTIVE DATE.—The final Projects. Barrier Resources Act (16 U.S.C. 3503(a)). rule described in subsection (a) shall not (c) AVAILABILITY.—The Secretary of the In- take effect before September 16, 2003. SA 86. Mr. INHOFE proposed an amendment to amendment SA 67 pro- terior shall keep the replacement map described in subsection (b) on file and available SA 83. Mr. REID submitted an posed by Mr. EDWARDS (for himself, Mr. for inspection in accordance with section amendment intended to be proposed by LIEBERMAN, Mr. JEFFORDS, Mrs. CLIN- 4(b) of the Coastal Barrier Resources Act (16 him to the joint resolution H.J. Res. 2, TON, Mr. REID, Mr. DASCHLE, and Mr. U.S.C. 3503(b)). making further continuing appropria- SCHUMER) to the joint resolution H.J. tions for the fiscal year 2003, and for Res. 2, making further continuing ap- SA 89. Mrs. CLINTON (for herself, other purposes; which was ordered to propriations for the fiscal year 2003, Mr. SCHUMER, Mr. BINGAMAN, and Ms. lie on the table; as follows: and for other purposes; as follows: MIKULSKI) submitted an amendment in- At the appropriate place, insert the fol- On page 1, strike all after ‘‘Sec.’’ and intended to be proposed by her to the lowing: sert the following: joint resolution H.J. Res. 2, making SEC. . Notwithstanding any other provi- ‘‘ . (a) COOPERATIVE AGREEMENT.—As further continuing appropriations for sion of law, the National Nuclear Security soon as practicable after the date of enact- the fiscal year 2003, and for other pur- Administration is prohibited from taking ment of this Act, the Administrator of the poses; which was ordered to lie on the any actions adversely affecting employment Environmental Protection Agency shall at its Nevada Operations Office for a period enter into a cooperative agreement with the table; as follows: of not less than 365 days. During this period, National Academy of Sciences to evaluate At the end, add the following: the National Nuclear Security Administra- the impact of the final rule relating to pre- DIVISION O—MEDICARE AND MEDICAID tion is directed to establish a Financial vention of significant deterioration and non- PROVISIONS Services Center of Excellence to be main- attainment new source review, published at SECTION 1. SHORT TITLE; AMENDMENTS TO SO- tained and operated in its offices in Las 67 Fed. Reg. 80186 (December 31, 2002). The CIAL SECURITY ACT; REFERENCES Vegas, Nevada. study shall include— TO BIPA; TABLE OF CONTENTS. (1) increases or decreases in emissions of (a) SHORT TITLE.—This division may be SA 84. Mr. REID submitted an pollutants regulated under the New Source cited as the ‘‘Health Care Improvement Act amendment intended to be proposed by Review program; of 2003’’.

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(b) AMENDMENTS TO SOCIAL SECURITY SEC. 102. EXTENSION OF LEVEL OF ADJUSTMENT (2) in subclause (II), by striking the period ACT.—Except as otherwise specifically pro- FOR INDIRECT COSTS OF MEDICAL at the end and inserting ‘‘; and’’; and vided, whenever in this division an amend- EDUCATION (IME). (3) by adding at the end the following new ment is expressed in terms of an amendment (a) IN GENERAL.—Section 1886(d)(5)(B)(ii) subclause: to or repeal of a section or other provision, (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended— ‘‘(III) only in the case of a hospital or unit the reference shall be considered to be made (1) in subclause (VI) by inserting ‘‘and fis- described in clause (ii)(I), for a cost report- to that section or other provision of the So- cal year 2003’’ after ‘‘2002’’; and ing period beginning on or after October 1, (2) in subclause (VII), by striking ‘‘2002’’ cial Security Act. 2002, and before September 30, 2003, 2 per- and inserting ‘‘2003’’. (c) BIPA.—In this division, the term cent.’’. (b) CONFORMING AMENDMENT RELATING TO ‘‘BIPA’’ means the Medicare, Medicaid, and DETERMINATION OF STANDARDIZED AMOUNT.— SEC. 109. ADDITIONAL DELAY IN APPLICATION SCHIP Benefits Improvement and Protection Section 1886(d)(2)(C)(i) (42 U.S.C. OF 15 PERCENT REDUCTION ON PAY- Act of 2000, as enacted into law by section 1395ww(d)(2)(C)(i)) is amended— MENT LIMITS FOR HOME HEALTH 1(a)(6) of Public Law 106–554. (1) by striking ‘‘1999 or’’ and inserting SERVICES. (d) TABLE OF CONTENTS.—The table of con- ‘‘1999,’’; and Section 1895(b)(3)(A)(i) (42 U.S.C. tents of this division is as follows: (2) by inserting ‘‘, or of section 102 of the 1395fff(b)(3)(A)(i)) is amended— DIVISION O—MEDICARE AND MEDICAID Health Care Improvement Act of 2003’’ after (1) by redesignating subclause (III) as sub- PROVISIONS ‘‘2000’’. clause (IV); (2) in subclause (IV), as redesignated, by Sec. 1. Short title; amendments to Social SEC. 103. HOSPITAL OUTPATIENT DEPARTMENT OUTLIER PAYMENTS. striking ‘‘described in subclause (II)’’ and in- Security Act; references to serting ‘‘described in subclause (III)’’; and BIPA; table of contents. (a) IN GENERAL.—Section 1833(t)(5) (42 U.S.C. 1395l(t)(5)) is amended— (3) by inserting after subclause (II) the fol- TITLE I—MEDICARE PROVISIONS (1) in subparagraph (C)— lowing new subclause: Sec. 101. Revision of acute care hospital pay- (A) in clause (i), by striking ‘‘exceed the ‘‘(III) For the 12-month period beginning ment updates. applicable’’ and inserting ‘‘exceed a percent- after the period described in subclause (II), Sec. 102. Extension of level of adjustment age specified by the Secretary that is not such amount (or amounts) shall be equal to for Indirect Costs of Medical less than the applicable minimum percent- the amount (or amounts) determined under Education (IME). age or greater than the applicable max- subclause (II), updated under subparagraph Sec. 103. Hospital outpatient department imum’’; and (B).’’. outlier payments. (B) by striking clause (ii) and inserting the SEC. 110. EXTENSION OF TEMPORARY INCREASE Sec. 104. Hospital outpatient department following new clause: FOR HOME HEALTH SERVICES FUR- transitional payments. ‘‘(ii) APPLICABLE PERCENTAGES.—For pur- NISHED IN A RURAL AREA. Sec. 105. Application of rules for deter- poses of clause (i)— (a) IN GENERAL.—Section 508(a) BIPA (114 mining provider-based status ‘‘(I) the term ‘applicable minimum per- Stat. 2763A–533) is amended— for certain entities. centage’ for a year means zero percent for (1) by striking ‘‘24-MONTH INCREASE BEGIN- Sec. 106. Extension of treatment of certain years before 2003 and 2.0 percent for years NING APRIL 1, 2001’’ and inserting ‘‘IN GEN- physician pathology services. after 2002; and ERAL’’; and Sec. 107. Extension of the authorization for ‘‘(II) the term ‘applicable maximum per- (2) by striking ‘‘April 1, 2003’’ and inserting appropriations for Medicare centage’ for a year means 2.5 percent for ‘‘October 1, 2003’’. Rural Grant Program. years before 2003 and 3.0 percent for years (b) CONFORMING AMENDMENT.—Section Sec. 108. Extension of enhanced payments after 2002.’’; and 547(c)(2) of BIPA (114 Stat. 2763A–553) is for psychiatric hospitals. (2) in subparagraph (D)— amended by striking ‘‘the period beginning Sec. 109. Additional delay in application of (A) in the heading, by striking ‘‘TRANSI- on April 1, 2001, and ending on September 30, 15 percent reduction on pay- TIONAL AUTHORITY’’ and inserting ‘‘FLEXI- 2002,’’ and inserting ‘‘a period under such ment limits for home health BILITY’’; and section’’. services. (B) in the matter preceding clause (i), by SEC. 111. EXTENSION OF TEMPORARY INCREASE Sec. 110. Extension of temporary increase striking ‘‘for covered OPD services furnished for home health services fur- IN ADJUSTED FEDERAL PER DIEM before January 1, 2002,’’. RATE UNDER PPS FOR SKILLED nished in a rural area. SEC. 104. HOSPITAL OUTPATIENT DEPARTMENT NURSING FACILITIES. Sec. 111. Extension of temporary increase in TRANSITIONAL PAYMENTS. Section 101(d)(1) of the Medicare, Medicaid, adjusted Federal per diem rate Section 1833(t)(7) (42 U.S.C. 1395l(t)(7)) is and SCHIP Balanced Budget Refinement Act under PPS for skilled nursing amended— of 1999 (Appendix F, 113 Stat. 1501A–325), as facilities. (1) in subparagraph (B)— enacted into law by section 1000(a)(6) of Pub- Sec. 112. Extension of increase in nursing (A) in the heading, by inserting ‘‘AND 2003’’ lic Law 106–113, is amended— component of PPS Federal rate after ‘‘2002’’; and (1) in the heading, by striking ‘‘AND 2002’’ under PPS for skilled nursing (B) by inserting ‘‘and 2003’’ after ‘‘fur- and inserting ‘‘, 2002, AND 2003’’; and facilities. nished during 2002’’ in the matter preceding (2) by striking ‘‘and 2002’’ and inserting ‘‘, Sec. 113. Increase in renal dialysis com- clause (i); and 2002, and 2003’’. posite rate for services fur- (2) in subparagraph (C)— SEC. 112. EXTENSION OF INCREASE IN NURSING nished in 2003. (A) in the heading, by striking ‘‘2003’’ and COMPONENT OF PPS FEDERAL RATE Sec. 114. Extension of the authorization for inserting ‘‘2004’’; and appropriations for vaccines out- UNDER PPS FOR SKILLED NURSING (B) by striking ‘‘2003’’ and inserting ‘‘2004’’ FACILITIES. reach expansion. in the matter preceding clause (i); and Section 312(a) of BIPA (114 Stat. 2763A–498) Sec. 115. Extension of moratorium on ther- (3) in subparagraph (D)(i), by striking apy caps. is amended by striking ‘‘October 1, 2002’’ and ‘‘2004’’ and inserting ‘‘2005’’. inserting ‘‘October 1, 2003’’. Sec. 116. Increase in the conversion factor SEC. 105. APPLICATION OF RULES FOR DETER- for payments under the medi- MINING PROVIDER-BASED STATUS SEC. 113. INCREASE IN RENAL DIALYSIS COM- care physician fee schedule. FOR CERTAIN ENTITIES. POSITE RATE FOR SERVICES FUR- Sec. 117. Revision of Medicare+Choice min- Section 404 of BIPA (114 Stat. 2763A–506) is NISHED IN 2003. imum percentage increase. amended by striking ‘‘2002’’ and inserting Notwithstanding any other provision of TITLE II—MEDICAID PROVISIONS ‘‘2003’’ each place it appears. law, with respect to payment under part B of title XVIII of the Social Security Act for Sec. 201. Extension of medicare cost-sharing SEC. 106. EXTENSION OF TREATMENT OF CER- TAIN PHYSICIAN PATHOLOGY SERV- renal dialysis services furnished in 2003, the for part B premium for certain ICES. composite payment rate otherwise estab- additional low-income medicare Section 542(c) of BIPA (114 Stat. 2763A–550) lished under section 1881(b)(7) of such Act (42 beneficiaries. is amended by striking ‘‘2-year period’’ and U.S.C. 1395rr(b)(7)) shall be increased by 1.2 Sec. 202. Medicaid DSH allotments. inserting ‘‘3-year period’’. percent. TITLE III—APPLICATION AND BUDGET SEC. 107. EXTENSION OF THE AUTHORIZATION SEC. 114. EXTENSION OF THE AUTHORIZATION SCOREKEEPING FOR APPROPRIATIONS FOR MEDI- FOR APPROPRIATIONS FOR VAC- Sec. 301. Application of provisions of divi- CARE RURAL GRANT PROGRAM. CINES OUTREACH EXPANSION. Section 1820(j) (42 U.S.C. 1395i–4(j)) is sion. Section 4107(b) of the Balanced Budget Act Sec. 302. Budget Scorekeeping. amended by striking ‘‘2002’’ and inserting ‘‘2003’’. of 1997 (42 U.S.C. 1395x note) is amended by striking ‘‘2002’’ and inserting ‘‘2003’’. TITLE I—MEDICARE PROVISIONS SEC. 108. EXTENSION OF ENHANCED PAYMENTS SEC. 101. REVISION OF ACUTE CARE HOSPITAL FOR PSYCHIATRIC HOSPITALS. SEC. 115. EXTENSION OF MORATORIUM ON THER- PAYMENT UPDATES. Section 1886(b)(2)(E)(i) (42 U.S.C. APY CAPS. Subclause (XVIII) of section 1886(b)(3)(B)(i) 1395ww(b)(2)(E)(i)) is amended— Section 1833(g)(4) (42 U.S.C. 1395l(g)(4)) is (42 U.S.C. 1395ww(b)(3)(B)(i)) is amended by (1) in subclause (I), by striking ‘‘and’’ at amended by striking ‘‘and 2002’’ and insert- striking ‘‘minus 0.55 percentage points’’. the end; ing ‘‘2002, and 2003’’.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1258 CONGRESSIONAL RECORD — SENATE January 21, 2003 SEC. 116. INCREASE IN THE CONVERSION FAC- the Consumer Price Index for all urban con- allocated to the eligible programs as follows: TOR FOR PAYMENTS UNDER THE sumers (all items; U.S. city average), for the $277,300,000 for weath-’’. MEDICARE PHYSICIAN FEE SCHED- previous fiscal year.’’. ULE. (b) INCREASE IN FLOOR FOR TREATMENT AS SA 91. Mrs. CLINTON submitted an (a) IN GENERAL.—Section 1848(d)(5)(A) of AN EXTREMELY LOW DSH STATE TO 3 PERCENT amendment intended to be proposed by the Social Security Act (42 U.S.C. 1395w– IN FISCAL YEAR 2003.—Section 1923(f)(5) (42 4(d)(5)(A)), as added by section 402 of title IV her to the joint resolution H.J. Res. 2, U.S.C. 1396r–4(f)(5)) is amended— making further continuing appropria- of division N of this Act, is amended by in- (1) by striking ‘‘fiscal year 1999’’ and inserting ‘‘increased by 2 percent’’ after serting ‘‘fiscal year 2001’’; tions for the fiscal year 2003, and for ‘‘2002’’. (2) by striking ‘‘Health Care Financing Ad- other purposes; which was ordered to (b) EFFECTIVE DATE.—The amendment ministration’’ and inserting ‘‘Centers for lie on the table; as follows: made by subsection (a) shall take effect as if Medicare & Medicaid Services’’; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. included in the enactment of such section (3) by striking ‘‘August 31, 2000’’ and in- (a) SHORT TITLE.—This Act may be cited as 402. serting ‘‘August 31, 2002’’; the ‘‘Homeland Security Block Grant Act of SEC. 117. REVISION OF MEDICARE+CHOICE MIN- (4) by striking ‘‘1 percent’’ each place it ap- 2003’’. IMUM PERCENTAGE INCREASE. pears and inserting ‘‘3 percent’’; and (b) TABLE OF CONTENTS.— Section 1853(c)(1)(C) (42 U.S.C. 1395w– (5) by striking ‘‘fiscal year 2001’’ and in- 23(c)(1)(C)) is amended by striking clause (iv) Sec. 1. Short title; table of contents. serting ‘‘fiscal year 2003 (as determined Sec. 2. Findings. and inserting the following: under paragraph (4)(A)(iii))’’. Sec. 3. Definitions. ‘‘(iv) For 2002, 102 percent of the annual TITLE III—APPLICATION AND BUDGET Sec. 4. Grants to States, units of general Medicare+Choice capitation rate under this SCOREKEEPING local government and Indian paragraph for the area for 2001. tribes; authorizations. ‘‘(v) For 2003, 104 percent of the annual SEC. 301. APPLICATION OF PROVISIONS OF DIVI- SION. Sec. 5. Statement of activities and review. Medicare+Choice capitation rate under this (a) APPLICATION ONLY TO LAST 6 MONTHS Sec. 6. Activities eligible for assistance. paragraph for the area for 2002. OF FISCAL YEAR 2003.—Except for the amend- Sec. 7. Allocation and distribution of funds. ‘‘(vi) For 2004 and each succeeding year, 102 ments made by sections 116 and 201, the pro- Sec. 8. State and regional planning commu- percent of the annual Medicare+Choice capi- visions of, and amendments made by, this di- nication systems. tation rate under this paragraph for the area vision shall only apply to the Social Secu- Sec. 9. Nondiscrimination in programs and for the previous year.’’. rity Act, the Balanced Budget Act of 1997, activities. TITLE II—MEDICAID PROVISIONS the Medicare, Medicaid, and SCHIP Balanced Sec. 10. Remedies for noncompliance with SEC. 201. EXTENSION OF MEDICARE COST-SHAR- Budget Refinement Act of 1999 (Appendix F, requirements. ING FOR PART B PREMIUM FOR CER- 113 Stat. 1501A–321), as enacted into law by Sec. 11. Reporting requirements. TAIN ADDITIONAL LOW-INCOME section 1000(a)(6) of Public Law 106–113, and Sec. 12. Consultation by Secretary. MEDICARE BENEFICIARIES. BIPA during the period that begins on April Sec. 13. Interstate agreements or compacts; Section 136 of Public Law 107–229, as added 1, 2003, and ends on September 30, 2003. purposes. by section 5 of Public Law 107–240, is amend- (b) NO EFFECT ON PERIODS BEYOND SEP- Sec. 14. Matching requirements; suspension ed by striking ‘‘60 days after the date speci- TEMBER 30, 2003.—All provisions of, and of requirements for economi- fied in section 107(c) of Public Law 107–229, as amendments made by, this division shall not cally distressed areas. amended’’ and inserting ‘‘September 30, apply after September 30, 2003, and, after SEC. 2. FINDINGS. 2003’’. such date, the Social Security Act, the Bal- Congress makes the following findings: SEC. 202. MEDICAID DSH ALLOTMENTS. anced Budget Act of 1997, the Medicare, Med- (1) In the wake of the September 11, 2001, (a) CONTINUATION OF BIPA RULE FOR DE- icaid, and SCHIP Balanced Budget Refine- terrorist attacks on our country, commu- TERMINATION OF ALLOTMENTS FOR FISCAL ment Act of 1999 (Appendix F, 113 Stat. nities all across American now find them- YEAR 2003.— 1501A–321), as enacted into law by section selves on the front lines in the war against (1) IN GENERAL.—Section 1923(f)(4) (42 1000(a)(6) of Public Law 106–113, and BIPA terrorism on United States soil. U.S.C. 1396r–4(f)(4)) is amended— shall be applied and administered as if the (2) We recognize that these communities (A) in the paragraph heading, by striking provisions of, and amendments made by, this will be forced to shoulder a significant por- ‘‘AND 2002’’ and inserting ‘‘THROUGH 2003’’; division had not been enacted. tion of the burden that goes along with that (B) in subparagraph (A)— SEC. 302. BUDGET SCOREKEEPING. responsibility. We believe that local govern- (i) in clause (i), by striking ‘‘and’’ at the Notwithstanding Rule 3 of the Budget ments should not have to bear that responsi- end; Scorekeeping Guidelines set forth in the bility alone. (ii) in clause (ii), by striking the period and joint explanatory statement of the com- (3) Our homeland defense will only be as inserting ‘‘; and’’; and mittee of conference accompanying Con- strong as the weakest link at the State and (iii) by adding at the end the following: ference Report 105–217, the provisions of this local level. By providing our communities ‘‘(iii) fiscal year 2003, shall be the DSH al- division that would have been estimated by with the resources and tools they need to lotment determined under clause (ii) in- the Office of Management and Budget as bolster emergency response efforts and pro- creased, subject to subparagraph (B) and changing direct spending or receipts under vide for other emergency response initia- paragraph (5), by the percentage change in section 252 of the Balanced Budget and tives, we will have a better-prepared home the consumer price index for all urban con- Emergency Deficit Control Act of 1985 were front and a stronger America. sumers (all items; U.S. city average) for fis- they included in an Act other than an appro- SEC. 3. DEFINITIONS. cal year 2002.’’; and priations Act shall be treated as direct (a) DEFINITIONS.—In this Act: (C) in subparagraph (C)— spending or receipts legislation, as appro- (1) SECRETARY.—The term ‘‘Secretary’’ (i) in the subparagraph heading, by strik- priate, under section 252 of the Balanced means the Secretary of the Department of ing ‘‘2002’’ and inserting ‘‘2003’’; and Budget and Emergency Deficit Control Act Homeland Security. (ii) by striking ‘‘2003’’ and inserting ‘‘2004’’. of 1985, and by the Chairmen of the House (2) CITY.—The term ‘‘city’’ means— (2) CONFORMING AMENDMENTS.—Section and Senate Budget Committees, as appro- (A) any unit of general local government 1923(f)(3) (42 U.S.C. 1396r–4(f)(3)) is amended— priate, under the Congressional Budget Act that is classified as a municipality by the (A) in the paragraph heading, by striking of 1974. United States Bureau of the Census; or ‘‘2003’’ and inserting ‘‘2004’’; and (B) any other unit of general local govern- (B) by striking subparagraph (A) and in- SA 90. Ms. LANDRIEU submitted an ment that is a town or township and which, serting the following: amendment intended to be proposed by in the determination of the Secretary— ‘‘(A) IN GENERAL.—The DSH allotment for her to the joint resolution H.J. Res. 2, (i) possesses powers and performs functions any State— making further continuing appropria- comparable to those associated with munici- ‘‘(i) for fiscal year 2004, is equal to the DSH tions for the fiscal year 2003, and for palities; allotment determined for the State for fiscal other purposes; which was ordered to (ii) is closely settled; and year 2002 under the table set forth in para- (iii) contains within its boundaries no in- graph (2), increased, subject to subparagraph lie on the table; as follows: corporated places as defined by the United (B) and paragraph (5), by the percentage On page 506, strike lines 3 through 9 and in- States Bureau of the Census that have not change in the Consumer Price Index for all sert the following: entered into cooperation agreements with urban consumers (all items; U.S. city aver- ‘‘servation activities, $936,593,000, to remain such town or township to undertake or to as- age), for fiscal year 2004; and available until expended: Provided, That sist in the performance of homeland security ‘‘(ii) for fiscal year 2005 and each suc- $322,300,000 shall be for use in energy con- objectives. ceeding fiscal year, is equal to the DSH al- servation grant programs as defined in sec- (3) FEDERAL GRANT-IN-AID PROGRAM.—The lotment determined for the State for the pre- tion 3008(3) of Public Law 99–509 (15 U.S.C. term ‘‘Federal grant-in-aid program’’ means ceding fiscal year under this paragraph, in- 4507(3)): Provided further, That notwith- a program of Federal financial assistance creased, subject to subparagraph (B) and standing section 3003(d)(2) of Public Law 99– other than loans and other than the assist- paragraph (5), by the percentage change in 509 (15 U.S.C. 4502(d)(2)), such sums shall be ance provided by this Act.

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(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ lation change or otherwise modify the mean- (2) GRANTEE STATEMENT.— means any Indian tribe, band, group, and na- ing of the terms defined in subsection (a) in (A) CONTENTS.— tion, including Alaska Indians, Aleuts, and order to reflect any technical change or (i) LOCAL GOVERNMENT.—In the case of met- Eskimos, and any Alaskan Native Village, of modification thereof made subsequent to ropolitan cities or urban counties receiving the United States, which is considered an eli- such date by the United States Bureau of the grants under section 7(b) and units of general gible recipient under the Indian Self-Deter- Census or the Office of Management and local government receiving grants under sec- mination and Education Assistance Act Budget. tion 7(i)(3), the statement of projected use of (Public Law 93–638) or was considered an eli- (c) DESIGNATION OF PUBLIC AGENCIES.—One funds shall consist of proposed homeland se- or more public agencies, including existing gible recipient under chapter 67 of title 31, curity activities. local public agencies, may be designated by United States Code, prior to the repeal of (ii) STATES.—In the case of States receiv- such chapter. the chief executive officer of a State or a unit of general local government to under- ing grants under section 7(d), the statement (5) METROPOLITAN AREA.—The term ‘‘met- of projected use of funds shall consist of the ropolitan area’’ means a standard metropoli- take activities assisted under this Act. method by which the States will distribute tan statistical area as established by the Of- (d) LOCAL GOVERNMENTS, INCLUSION IN funds to units of general local government. fice of Management and Budget. URBAN COUNTY POPULATION.—With respect to (B) CONSULTATION.—In preparing the state- (6) METROPOLITAN CITY.— program years beginning with the program ment, the grantee shall consult with appro- (A) IN GENERAL.—The term ‘‘metropolitan year for which grants are made available city’’ means— from amounts appropriated for fiscal year priate law enforcement agencies and emer- (i) a city within a metropolitan area that 2002 under section 4, the population of any gency response authorities. is the central city of such area, as defined unit of general local government which is in- (C) FINAL STATEMENT.—A copy of the final and used by the Office of Management and cluded in that of an urban county as pro- statement and the certifications required Budget; or vided in subsection (a)(11) shall be included under paragraph (3) and, where appropriate, (ii) any other city, within a metropolitan in the population of such urban county for subsection (b) shall be furnished to the Sec- three program years beginning with the pro- area, which has a population of not less than retary and the Attorney General. gram year in which its population was first 50,000. (D) MODIFICATIONS.—Any final statement so included and shall not otherwise be eligi- (B) PERIOD OF CLASSIFICATION.—Any city of activities may be modified or amended ble for a grant as a separate entity, unless that was classified as a metropolitan city for from time to time by the grantee in accord- the urban county does not receive a grant for at least 2 years pursuant to subparagraph (A) ance with the same procedures required in any year during such three-year period. shall remain classified as a metropolitan this paragraph for the preparation and sub- (e) URBAN COUNTY.—Any county seeking city. Any unit of general local government qualification as an urban county, including mission of such statement. that becomes eligible to be classified as a any urban county seeking to continue such (3) CERTIFICATION OF ENUMERATED CRITERIA metropolitan city, and was not classified as qualification, shall notify, as provided in BY GRANTEE TO SECRETARY.—Any grant under a metropolitan city in the immediately pre- this subsection, each unit of general local section 7 shall be made only if the grantee ceding fiscal year, may, upon submission of government, which is included therein and is certifies to the satisfaction of the Secretary written notification to the Secretary, defer eligible to elect to have its population ex- that— its classification as a metropolitan city for cluded from that of an urban county, of its (A) it has developed a homeland security all purposes under this Act, if it elects to opportunity to make such an election. Such plan pursuant to section 6(a)(8) that identi- have its population included in an urban notification shall, at a time and in a manner fies both short- and long-term homeland se- county under subsection (d). prescribed by the Secretary, be provided so curity needs that have been developed in ac- (C) ELECTION BY A CITY.—Notwithstanding as to provide a reasonable period for re- cordance with the primary objective and re- subparagraph (B), a city may elect not to response prior to the period for which such quirements of this Act; and tain its classification as a metropolitan city. qualification is sought. The population of (B) the grantee will comply with the other Any unit of general local government that any unit of general local government which provisions of this Act and with other appli- was classified as a metropolitan city in any is provided such notification and which does cable laws. year, may, upon submission of written noti- not inform, at a time and in a manner pre- fication to the Secretary, relinquish such scribed by the Secretary, the county of its (b) SUBMISSION OF ANNUAL PERFORMANCE classification for all purposes under this Act election to exclude its population from that REPORTS, AUDITS AND ADJUSTMENTS.— if it elects to have its population included of the county shall, if the county qualifies as (1) IN GENERAL.—Each grantee shall submit with the population of a county for purposes an urban county, be included in the popu- to the Secretary, at a time determined by of qualifying for assistance (for such fol- lation of such urban county as provided in the Secretary, a performance and evaluation lowing fiscal year) under section 5(e) as an subsection (d). report concerning the use of funds made urban county. SEC. 4. GRANTS TO STATES, UNITS OF GENERAL available under section 7, together with an (7) NONQUALIFYING COMMUNITY.—The term LOCAL GOVERNMENT AND INDIAN assessment by the grantee of the relation- ‘‘nonqualifying community’’ means an area TRIBES; AUTHORIZATIONS. ship of such use to the objectives identified that is not a metropolitan city or part of an (a) AUTHORIZATION.—The Secretary is au- in the grantee’s statement under subsection urban county and does not include Indian thorized to make grants to States, units of (a)(2). general local government, and Indian tribes tribes. (2) UNIFORM REPORTING REQUIREMENTS.— to carry out activities in accordance with (8) POPULATION.—The term ‘‘population’’ (A) RECOMMENDATIONS BY NATIONAL ASSO- means total resident population based on the provisions of this Act. (b) AUTHORIZATION OF APPROPRIATIONS.— CIATIONS.—The Secretary shall encourage data compiled by the United States Bureau and assist national associations of grantees of the Census and referable to the same point (1) IN GENERAL.—There are authorized to be appropriated $3,000,000,000 for each of fiscal eligible under section 7, national associa- or period of time. tions of States, and national associations of (9) STATE.—The term ‘‘State’’ means any years 2003 through 2006, and such sums as may be necessary thereafter, for the purpose units of general local government in non- State of the United States, or any instru- qualifying areas to develop and recommend mentality thereof approved by the Governor; of carrying out the provisions under section 7. to the Secretary, within 1 year after the ef- and the Commonwealth of Puerto Rico, the fective date of this Act, uniform record- United States Virgin Islands, American (2) STATE, REGIONAL, AND LOCAL PLANNING, keeping, performance reporting, evaluation Samoa, Guam, and the Northern Mariana Is- TRAINING, AND COMMUNICATION SYSTEMS.— reporting, and auditing requirements for lands. There are authorized to be appropriated such grantees, States, and units of general (10) UNIT OF GENERAL LOCAL GOVERNMENT.— $500,000,000 for each of fiscal years 2003 local government, respectively. The term ‘‘unit of general local government’’ through 2006, and such sums as may be nec- (B) ESTABLISHMENT OF UNIFORM REPORTING means any city, county, town, township, par- essary thereafter, for the purpose of carrying REQUIREMENTS.—Based on the Secretary’s ap- ish, village, or other general purpose polit- out the provisions under section 8. proval of the recommendations submitted ical subdivision of a State; a combination of SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW. pursuant to subparagraph (A), the Secretary such political subdivisions is recognized by (a) APPLICATION.— shall establish uniform reporting require- the Secretary; and the District of Columbia. (1) IN GENERAL.—Prior to the receipt in any ments for grantees, States, and units of gen- (11) URBAN COUNTY.—The term ‘‘urban fiscal year of a grant under section 7(b) by county’’ means any county within a metro- any metropolitan city or urban county, sec- eral local government. politan area. tion 7(i) by any State, or section 7(i)(3) by (3) REVIEWS AND AUDITS.—The Secretary (b) BASIS AND MODIFICATION OF DEFINI- any unit of general local government, the shall, at least on an annual basis, make such TIONS.—Where appropriate, the definitions in grantee shall— reviews and audits as may be necessary or subsection (a) shall be based, with respect to (i) indicate its interest in receiving funds appropriate to determine— any fiscal year, on the most recent data by preparing a statement of homeland secu- (A) in the case of grants made under sec- compiled by the United States Bureau of the rity objectives and projected use of funds; tion 7(b), whether the grantee has carried Census and the latest published reports of and out its activities and, where applicable, the Office of Management and Budget avail- (ii) provide the Secretary with the certifi- whether the grantee has carried out those able ninety days prior to the beginning of cations required under paragraph (2) and, activities and its certifications in accord- such fiscal year. The Secretary may by regu- where appropriate, subsection (b). ance with the requirements and the primary

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1260 CONGRESSIONAL RECORD — SENATE January 21, 2003 objectives of this Act and with other applica- nicate with each other when a threat ‘‘DMAT’’) and the proximity of all metro- ble laws, and whether the grantee has a con- emerges; politan cities to the nearest DMAT to each tinuing capacity to carry out those activi- (7) improving communication systems to such city. ties in a timely manner; and provide information to the public in a timely (2) CLARIFICATION OF COMPUTATION RA- (B) in the case of grants to States made manner about the facts of any threat and the TIOS.— under section 7(i), whether the State has dis- precautions the public should take; and (A) RELATIVE WEIGHT OF FACTORS.—In de- tributed funds to units of general local gov- (8) devising a homeland security plan, in- termining the average of the ratios under ernment in a timely manner and in conform- cluding determining long-term goals and paragraph (1), the ratio involving population ance to the method of distribution described short-term objectives, evaluating the shall constitute 50 percent of the formula in in its statement, whether the State has car- progress of the plan, and carrying out the calculating the allocation and the remaining ried out its certifications in compliance with management, coordination, and monitoring factors shall be equally weighted. the requirements of this Act and other appli- of activities necessary for effective planning (B) POTENTIAL RISK AS IT PERTAINS TO cable laws, and whether the State has made implementation. CHEMICAL SECURITY.—If a metropolitan city such reviews and audits of the units of gen- (b) COSTS COVERED.—Grants received under is within the vulnerable zone of a worst-case eral local government as may be necessary section 7 may be used to cover any costs re- chemical release, as specified in the most re- or appropriate to determine whether they lated to the eligible activities listed in this cent risk management plans filed with the have satisfied the applicable performance section that were incurred on or after Sep- Environmental Protection Agency or an- criteria described in subparagraph (A). tember 11, 2001. other instrument developed by the Environ- (4) ADJUSTMENTS.—The Secretary may SEC. 7. ALLOCATION AND DISTRIBUTION OF mental Protection Agency or the Homeland make appropriate adjustments in the FUNDS. Security Department that captures the same (a) SET-ASIDE FOR INDIAN TRIBES.— amount of the annual grants in accordance information for the same facilities, the ratio (1) IN GENERAL.—For each fiscal year, of with the Secretary’s findings under this sub- under paragraph (1)(B) shall be 1 divided by the amount appropriated for grants pursuant section. With respect to assistance made the total number of metropolitan cities that to section 4(b)(1) (excluding the amounts pro- available to units of general local govern- are within such a zone. vided for use in accordance with section 6), ment under section 7(i)(3), the Secretary (C) PROXIMITY AS IT PERTAINS TO NUCLEAR the Secretary shall reserve 1 percent of the may adjust, reduce, or withdraw such assist- SECURITY.—If a metropolitan city is located amount so appropriated for grants to Indian ance, or take other action as appropriate in within 50 miles of an operating nuclear tribes. accordance with the Secretary’s reviews and power plant, as identified by the Nuclear (2) SELECTION OF INDIAN TRIBES.— audits under this subsection, except that Regulatory Commission, the ratio under (A) IN GENERAL.—The Secretary shall pro- funds already expended on eligible activities paragraph (1)(C) shall be 1 divided by the vide for distribution of amounts under this under this Act shall not be recaptured or de- total number of metropolitan cities, not to paragraph to Indian tribes on the basis of a ducted from future assistance to such units exceed 100, which are located within 50 miles competition conducted pursuant to specific of general local government. of an operating nuclear power plant. criteria for the selection of Indian tribes to (c) AUDITS.—Insofar as they relate to funds (D) PROXIMITY AS IT PERTAINS TO PORT SE- receive such amounts. provided under this Act, the financial trans- CURITY.—If a metropolitan city is located (B) RULEMAKING.—The criteria shall be actions of recipients of such funds may be within 50 miles of 1 of the 100 largest United contained in a regulation promulgated by audited by the General Accounting Office States ports, as stated by the Department of the Secretary after notice and public com- under such rules and regulations as may be Transportation, Bureau of Transportation ment. prescribed by the Comptroller General of the Statistics, United States Port Report by All (b) ALLOCATION TO METROPOLITAN CITIES United States. The representatives of the Land Modes, or within 50 miles of one of the AND URBAN COUNTIES.— General Accounting Office shall have access 30 largest United States water ports by met- (1) ALLOCATION PERCENTAGE.—Of the to all books, accounts, records, reports, files, amount remaining after allocations have ric tons and value, as stated by the Depart- and other papers, things, or property belong- been made to Indian tribes pursuant to sub- ment of Transportation, Maritime Adminis- ing to or in use by such recipients pertaining section (a), 70 percent shall be allocated by tration, United States Foreign Waterborne to such financial transactions and necessary the Secretary to metropolitan cities and Transportation Statistics, the ratio under to facilitate the audit. urban counties. paragraph (1)(D) shall be 1 divided by the (d) METROPOLITAN CITY AS PART OF URBAN total number of metropolitan cities that are (2) ENTITLEMENT.—Except as otherwise spe- COUNTY.—In any case in which a metropoli- cifically authorized, each metropolitan city located within 50 miles of a United States tan city is located, in whole or in part, with- and urban county shall be entitled to an an- land or water port. in an urban county, the Secretary may, upon nual grant, to the extent authorized beyond (E) PROXIMITY TO INTERNATIONAL BOR- the joint request of such city and county, ap- fiscal year 2006, from such allocation in an DERS.—If a metropolitan city is located with- prove the inclusion of the metropolitan city amount not exceeding its basic amount com- in 50 miles of an international border, the as part of the urban county for purposes of puted pursuant to this subsections (c) and ratio under paragraph (1)(E) shall be 1 di- submitting a statement under section 5 and (d). vided by the total number of metropolitan carrying out activities under this Act. (c) COMPUTATION OF AMOUNT ALLOCATED TO cities that are located within 50 miles of an SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE. METROPOLITAN CITIES.— international border. (a) IN GENERAL.—Activities assisted under (1) COMPUTATION RATIOS.—The Secretary (F) PROXIMITY TO DISASTER MEDICAL ASSIST- this Act may include— shall determine the amount to be allocated ANCE TEAMS.—If a metropolitan city is lo- (1) funding additional law enforcement, to each metropolitan city, which shall bear cated within 50 miles of a DMAT, as orga- fire, and emergency resources, including cov- the same ratio to the allocation for all met- nized by the National Disaster Medical Sys- ering overtime expenses; ropolitan cities as the weighted average of— tem through the Department of Public (2) purchasing and refurbishing personal (A) the population of the metropolitan city Health, the ratio under paragraph (1)(F) protective equipment for fire, police, and divided by the population of all metropolitan shall be 1 divided by the total number of emergency personnel and acquire state-of- cities; metropolitan cities that are located within the-art technology to improve communica- (B) the potential risk, as it pertains to 50 miles of a DMAT. tion and streamline efforts; chemical security, of the metropolitan city (d) COMPUTATION OF AMOUNT ALLOCATED TO (3) improving cyber and infrastructure se- divided by the potential risk, as it pertains URBAN COUNTIES.— curity by improving— to chemical security, of all metropolitan cit- (1) COMPUTATION RATIOS.—The Secretary (A) security for water treatment plants, ies; shall determine the amount to be allocated distribution systems, other water infrastruc- (C) the proximity of the metropolitan city to each urban county, which shall bear the ture, nuclear power plants, and other power to the nearest operating nuclear power plant same ratio to the allocation for all urban infrastructure; and the proximity of all metropolitan cities counties as the weighted average of— (B) security for tunnels and bridges; to the nearest operating nuclear power plant (A) the population of the urban county di- (C) security for oil and gas pipelines and to each such city; vided by the population of all urban coun- storage facilities; and (D) the proximity of the metropolitan city ties; (D) security for chemical plants and trans- to the nearest United States land or water (B) the potential risk, as it pertains to portation of hazardous substances; port and the proximity of all metropolitan chemical security, of the urban county di- (4) assisting Local Emergency Planning cities to the nearest United States land or vided by the potential risk, as it pertains to Committees so that local public agencies can water port to each such city; chemical security, of all urban counties; design, review, and improve disaster re- (E) the proximity of the metropolitan city (C) the proximity of the urban county to sponse systems; to the nearest international border and the the nearest operating nuclear power plant (5) assisting communities in coordinating proximity of all metropolitan cities to the and the proximity of all urban counties to their efforts and sharing information with nearest international border to each such the nearest operating nuclear power plant to all relevant agencies involved in responding city; and each such city; to terrorist attacks; (F) the proximity of the metropolitan city (D) the proximity of the urban county to (6) establishing timely notification sys- to the nearest Disaster Medical Assistance the nearest United States land or water port tems that enable communities to commu- Team (referred to in this subsection as and the proximity of all urban counties to

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1261 the nearest United States land or water port (D) has entered into cooperation agree- the same metropolitan area that certify to to each such city; ments with the urban county which provide the satisfaction of the Secretary that they (E) the proximity of the urban county to that the urban county is to undertake or to would be adversely affected by the loss of the nearest international border and the assist in the undertaking of essential com- such amounts from the metropolitan area. proximity of all urban counties to the near- munity development and housing assistance (2) RATIO.—The amount of the share of est international border to each such city; activities with respect to such independent funds reallocated under this paragraph for and city; and any metropolitan city or urban county shall (F) the proximity of the urban county to (E) is not included as a part of any other bear the same ratio to the total of such re- the nearest Disaster Medical Assistance unit of general local government for pur- allocated funds in the metropolitan area as Team (referred to in this subsection as poses of this section. the amount of funds awarded to the city or ‘‘DMAT’’) and the proximity of all urban (2) INDEPENDENT CITIES.—Any independent county for the fiscal year in which the re- counties to the nearest DMAT to each such city that is included in any fiscal year for allocated funds become available bears to city. purposes of computing amounts pursuant to the total amount of funds awarded to all (3) CLARIFICATION OF COMPUTATION RA- the preceding sentence shall not be eligible metropolitan cities and urban counties in TIOS.— to receive assistance under subsection (i) the same metropolitan area for that fiscal (A) RELATIVE WEIGHT OF FACTORS.—In de- with respect to such fiscal year. year. termining the average of the ratios under (f) INCLUSIONS.— (3) TRANSFER.—Notwithstanding para- paragraph (1), the ratio involving population (1) LOCAL GOVERNMENT STRADDLING COUNTY graphs (1) and (2), the Secretary may upon shall constitute 50 percent of the formula in LINE.—In computing amounts under sub- request transfer responsibility to any metro- calculating the allocation and the remaining section (d) with respect to any urban county, politan city for the administration of any factors shall be equally weighted. there shall be included all of the area of any amounts received, but not obligated, by the (B) POTENTIAL RISK AS IT PERTAINS TO unit of local government which is part of, urban county in which such city is located CHEMICAL SECURITY.—If a urban county is but is not located entirely within the bound- if— within the vulnerable zone of a worst-case aries of, such urban county if— (A) such city was an included unit of gen- chemical release, as specified in the most re- (A) the part of such unit of local govern- eral local government in such county prior cent risk management plans filed with the ment that is within the boundaries of such to the qualification of such city as a metro- Environmental Protection Agency or an- urban county would otherwise be included in politan city; other instrument developed by the Environ- computing the amount for such urban coun- (B) such amounts were designated and re- mental Protection Agency or the Homeland ty under this section; and ceived by such county for use in such city (B) the part of such unit of local govern- Security Department that captures the same prior to the qualification of such city as a ment that is not within the boundaries of information for the same facilities, the ratio metropolitan city; and such urban county is not included as a part under paragraph (1)(B) shall be 1 divided by (C) such city and county agree to such of any other unit of local government for the the total number of urban counties that are transfer of responsibility for the administra- purpose of this section. within such a zone. tion of such amounts. (2) USE OF GRANT FUNDS OUTSIDE URBAN (i) ALLOCATION TO STATES ON BEHALF OF (C) PROXIMITY AS IT PERTAINS TO NUCLEAR COUNTY.—Any amount received under this NON-QUALIFYING COMMUNITIES.— SECURITY.—If a urban county is located with- section by an urban county described under (1) IN GENERAL.—Of the amount appro- in 50 miles of an operating nuclear power paragraph (1) may be used with respect to priated pursuant to section 4 that remains plant, as identified by the Nuclear Regu- the part of such unit of local government after allocations pursuant to subsections (a) latory Commission, the ratio under para- that is outside the boundaries of such urban and (b), 30 percent shall be allocated among graph (1)(C) shall be 1 divided by the total county. the States for use in nonqualifying commu- number of urban counties, not to exceed 100, (g) POPULATION.— nities. which are located within 50 miles of an oper- (1) EFFECT OF CONSOLIDATION.—Where data (2) ALLOCATION RATIO.— ating nuclear power plant. are available, the amount to be allocated to (A) POPULATION-BASED.—The allocation for (D) PROXIMITY AS IT PERTAINS TO PORT SE- a metropolitan city that has been formed by each State shall be based on the population CURITY.—If a urban county is located within the consolidation of 1 or more metropolitan of that State, relative to the populations of 50 miles of 1 of the 100 largest United States cities within an urban county shall be equal all States, excluding the population of quali- ports, as stated by the Department of Trans- to the sum of the amounts that would have fying communities. portation, Bureau of Transportation Statis- been allocated to the urban county or cities (B) PRO-RATA REDUCTION.—The Secretary tics, United States Port Report by All Land and the balance of the consolidated govern- shall make a pro rata reduction of each Modes, or within 50 miles of one of the 30 ment, if such consolidation had not occurred. amount allocated to the nonqualifying com- largest United States water ports by metric (2) LIMITATION.—Paragraph (1) shall apply munities in each State under subparagraph tons and value, as stated by the Department only to a consolidation that— (A) so that the nonqualifying communities of Transportation, Maritime Administration, (A) included all metropolitan cities that in each State will receive the same percent- United States Foreign Waterborne Transpor- received grants under this section for the fis- age of the total amount available under this tation Statistics, the ratio under paragraph cal year preceding such consolidation and subsection as the percentage that such com- (1)(D) shall be 1 divided by the total number that were located within the urban county; munities would have received if the total of urban counties that are located within 50 (B) included the entire urban county that amount available had equaled the total miles of a United States land or water port. received a grant under this section for the amount allocated under subparagraph (A). (E) PROXIMITY TO INTERNATIONAL BOR- fiscal year preceding such consolidation; and (3) DISTRIBUTION.— DERS.—If a urban county is located within 50 (C) took place on or after January 1, 2003. (A) IN GENERAL.—Amounts allocated under miles of an international border, the ratio (3) GROWTH RATE.—The population growth this subsection shall be distributed to units under paragraph (1)(E) shall be 1 divided by rate of all metropolitan cities defined in sec- of general local government located in non- the total number of urban counties that are tion 3(a)(6) shall be based on the population qualifying areas of the State to carry out ac- located within 50 miles of an international of— tivities in accordance with the provisions of border. (A) metropolitan cities other than consoli- this Act— (F) PROXIMITY TO DISASTER MEDICAL ASSIST- dated governments the grant for which is de- (i) by a State that has elected, in such ANCE TEAMS.—If a urban county is located termined under this paragraph; and manner and at such time as the Secretary within 50 miles of a DMAT, as organized by (B) cities that were metropolitan cities be- shall prescribe, to distribute such amounts the National Disaster Medical System fore their incorporation into consolidated consistent with the statement submitted through the Department of Public Health, governments. under section 5(a); or the ratio under paragraph (1)(F) shall be 1 di- (4) ENTITLEMENT SHARE.—For purposes of (ii) by the Secretary, if the State has not vided by the total number of urban counties calculating the entitlement share for the elected to distribute such amounts. that are located within 50 miles of a DMAT. balance of the consolidated government (B) CERTIFICATION.—Before a State may re- (e) EXCLUSIONS.— under this subsection, the entire balance ceive or distribute amounts allocated under (1) IN GENERAL.—In computing amounts or shall be considered to have been an urban this subsection, the State must certify exclusions under subsection (d) with respect county. that— to any urban county, there shall be excluded (h) REALLOCATION.— (i) with respect to units of general local units of general local government located in (1) IN GENERAL.—Except as provided in government in nonqualifying areas, the the county the populations that are not paragraph (2), any amounts allocated to a State— counted in determining the eligibility of the metropolitan city or an urban county pursu- (I) provides, or will provide, technical as- urban county to receive a grant under this ant to this section that are not received by sistance to units of general local government subsection, except that there shall be in- the city or county for a fiscal year because in connection with homeland security initia- cluded any independent city (as defined by of failure to meet the requirements of sub- tives; the Bureau of the Census) which— sections (a) and (b) of section 5, or that oth- (II) will not refuse to distribute such (A) is not part of any county; erwise became available, shall be reallocated amounts to any unit of general local govern- (B) is not eligible for a grant; in the succeeding fiscal year to the other ment on the basis of the particular eligible (C) is contiguous to the urban county; metropolitan cities and urban counties in activity selected by such unit of general

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1262 CONGRESSIONAL RECORD — SENATE January 21, 2003 local government to meet its homeland secu- ceived by a unit of general local government shall be allocated among the regional co- rity objectives, except that this clause may under subsection (a). operations based upon the population of the not be considered to prevent a State from es- (j) QUALIFICATIONS AND DETERMINATIONS.— areas covered by the cooperations. tablishing priorities in distributing such The Secretary may fix such qualification or SEC. 9. NONDISCRIMINATION IN PROGRAMS AND amounts on the basis of the activities se- submission dates as he determines are nec- ACTIVITIES. lected; and essary to permit the computations and de- No person in the United States shall on the (III) has consulted with local elected offi- terminations required by this section to be ground of race, color, national origin, reli- cials from among units of general local gov- made in a timely manner, and all such com- gion, or sex be excluded from participation ernment located in nonqualifying areas of putations and determinations shall be final in, be denied the benefits of, or be subjected that State in determining the method of dis- and conclusive. to discrimination under any program or ac- tribution of funds required by subparagraph (k) PRO RATA REDUCTION AND INCREASE.— tivity funded in whole or in part with funds (A); and (1) REDUCTION.—If the total amount avail- made available under this Act. Any prohibi- able for distribution in any fiscal year to (ii) each unit of general local government tion against discrimination on the basis of metropolitan cities and urban counties under to be distributed funds will be required to age under the Age Discrimination Act of 1975 this section is insufficient to provide the identify its homeland security objectives, (42 U.S.C. 6101 et seq.) or with respect to an amounts to which metropolitan cities and and the activities to be undertaken to meet otherwise qualified handicapped individual urban counties would be entitled under this such objectives. as provided in section 504 of the Rehabilita- section, and funds are not otherwise appro- (4) MINIMUM AMOUNT.—Each State shall be tion Act of 1973 (29 U.S.C. 794) shall also priated to meet the deficiency, the Secretary allocated in each fiscal year authorized apply to any such program or activity. shall meet the deficiency through a pro rata under this Act and under this section not SEC. 10. REMEDIES FOR NONCOMPLIANCE WITH reduction of all amounts determined under less than 0.75 percent of the total amount ap- REQUIREMENTS. this section. propriated in one fiscal year for grants made If the Secretary finds after reasonable no- (2) INCREASE.—If the total amount avail- available to States under this section, except tice and opportunity for hearing that a re- able for distribution in any fiscal year to that the American Samoa, Guam, and the cipient of assistance under this Act has metropolitan cities and urban counties under Northern Mariana Islands shall each be allo- failed to comply substantially with any pro- this section exceeds the amounts to which cated 0.25 percent. vision of this Act, the Secretary shall— metropolitan cities and urban counties (5) ADMINISTRATION.— (1) terminate payments to the recipient would be entitled under this section, the Sec- (A) IN GENERAL.—If a State receives and under this Act; retary shall distribute the excess through a distributes amounts under paragraph (1), the (2) reduce payments to the recipient under pro rata increase of all amounts determined State shall be responsible for the administra- this Act by an amount equal to the amount under this section. tion of funds so distributed. The State shall of such payments which were not expended pay for all administrative expenses incurred SEC. 8. STATE AND REGIONAL PLANNING; COM- in accordance with this Act; or MUNICATIONS SYSTEMS. by the State in carrying out its responsibil- (3) limit the availability of payments (a) ALLOCATIONS.—Subject to appropria- ities under this Act, except that from the under this Act to programs, projects, or actions authorized under section 4(b)(2), tivities not affected by such failure to com- amounts received for distribution in non- $500,000,000 shall be allocated to States, reply. qualifying areas, the State may deduct an gional cooperations, and local communities, amount to cover such expenses and its ad- in accordance with subsection (b) for— SEC. 11. REPORTING REQUIREMENTS. ministrative expenses not to exceed the sum (1) homeland defense planning within the (a) IN GENERAL.—Not later than 180 days of $150,000 plus 50 percent of any such ex- States; after the end of each fiscal year in which as- penses under this Act in excess of $150,000. (2) homeland defense planning within the sistance is awarded under this Act, the Sec- Amounts deducted in excess of $150,000 shall regions; retary shall submit to Congress a report not exceed 2 percent of the amount received (3) the development and maintenance of which shall contain— under paragraph (1). Statewide training facilities and homeland (1) a description of the progress made in (B) DISTRIBUTION.—If the Secretary distrib- security best-practices clearinghouses; and accomplishing the objectives of this Act; utes amounts under paragraph (1), the dis- (4) the development and maintenance of (2) a summary of the use of such funds dur- tribution shall be made in accordance with communications systems that can be used ing the preceding fiscal year; and determinations of the Secretary pursuant to between and among first responders, includ- (3) a description of the activities carried statements submitted and the other require- ing law enforcement, fire, and emergency out under section 7. (b) REPORTS TO SECRETARY.—The Secretary ments of section 5 (other than subsection (c)) medical personnel. and in accordance with regulations and pro- (b) USE OF FUNDS.—Of the amount allo- is authorized to require recipients of assist- cedures prescribed by the Secretary. cated under subsection (a)— ance under this Act to submit to such re- (C) REALLOCATION.— (1) $325,000,000 shall be used by the States ports and other information as may be nec- (i) FAILURE TO COMPLY.—Any amounts allo- for homeland defense planning and coordina- essary in order for the Secretary to comply cated for use in a State under paragraph (1) tion within each State; with subsection (a). that are not received by the State for any (2) $50,000,000 shall be used by regional co- SEC. 12. CONSULTATION BY ATTORNEY GENERAL. fiscal year because of failure to meet the re- operations and regional, multistate, or intra- In carrying out the provisions of this Act quirements of subsection (a) or (b) of section state authorities for homeland defense plan- including the issuance of regulations, the 5 shall be added to amounts allocated to all ning and coordination within each region; Secretary shall consult with the Attorney States under paragraph (1) for the succeeding (3) $50,000,000 shall be used by the States to General and other Federal departments and fiscal year. develop and maintain Statewide training fa- agencies administering Federal grant-in-aid (ii) CLOSEOUT.—Any amounts allocated for cilities and best-practices clearinghouses; programs. use in a State under paragraph (1) that be- and SEC. 13. INTERSTATE AGREEMENTS OR COM- come available as a result of the closeout of (4) $75,000,000 shall be used by the States PACTS; PURPOSES. a grant made by the Secretary under this and local communities to develop and main- The consent of the Congress is hereby section in nonqualifying areas of the State tain communications systems that can be given to any 2 or more States to enter into shall be added to amounts allocated to the used between and among first responders at agreements or compacts, not in conflict with State under paragraph (1) for the fiscal year the State and local level, including law en- any law of the United States, for cooperative in which such amounts become available. forcement, fire, and emergency personnel. effort and mutual assistance in support of (6) SINGLE UNIT.—Any combination of units (c) ALLOCATIONS TO STATES.— homeland security planning and programs of general local governments may not be re- (1) IN GENERAL.—Funds under this section carried out under this Act as they pertain to quired to obtain recognition by the Sec- to be awarded to States shall be allocated interstate areas and to localities within such retary pursuant to section 3(2) to be treated among the States based upon the population States, and to establish such agencies, joint as a single unit of general local government for each State relative to the populations of or otherwise, as they may deem desirable for for purposes of this subsection. all States. making such agreements and compacts effec- (7) DEDUCTION.—From the amounts re- (2) MINIMUM AMOUNT PROVISION.—The provi- tive. ceived under paragraph (1) for distribution in sion in section 7(i)(4) relating to a minimum SEC. 14. MATCHING REQUIREMENTS; SUSPEN- nonqualifying areas, the State may deduct amount shall apply to funds awarded under SION OF REQUIREMENTS FOR ECO- an amount, not to exceed 1 percent of the this section to States. NOMICALLY DISTRESSED AREAS. amount so received, to provide technical as- (3) LOCAL COMMUNICATIONS SYSTEMS.—Not (a) REQUIREMENT.—Grant recipients shall sistance to local governments. less than 30 percent of the funds awarded contribute from funds, other than those re- (8) APPLICABILITY.—Any activities con- under subsection (b)(4) shall be used for the ceived under this Act, 10 percent of the total ducted with amounts received by a unit of development and maintenance of local com- funds received under this Act. Such funds general local government under this sub- munications systems. shall be used in accordance with the grant- section shall be subject to the applicable (d) ALLOCATIONS TO REGIONAL COOPER- ee’s statement of homeland security objec- provisions of this Act and other Federal law ATIONS.—Funds under this section to be tives. in the same manner and to the same extent awarded to regional cooperations and re- (b) ECONOMIC DISTRESS.—Grant recipients as activities conducted with amounts regional, multistate, or intrastate authorities, that are deemed economically distressed

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1263 shall be waived from the matching require- SA 95. Ms. LANDRIEU submitted an tions for the fiscal year 2003, and for ment set forth in this section. amendment intended to be proposed by other purposes; which was ordered to her to the joint resolution H.J. Res. 2, lie on the table; as follows: Mrs. FEINSTEIN submitted an SA 92. making further continuing appropria- On page 852, between lines 4 and 5, insert amendment intended to be proposed by tions for the fiscal year 2003, and for the following: her to the joint resolution H.J. Res. 2, other purposes; which was ordered to SEC. 4ll. DESIGNATION OF NATHANIEL R. making further continuing appropria- lie on the table; as follows: JONES FEDERAL BUILDING AND UNITED STATES COURTHOUSE. tions for the fiscal year 2003, and for On page 313, line 14, strike the period and (a) IN GENERAL.—The Federal building and other purposes; which was ordered to insert a colon and the following: ‘‘Provided, lie on the table; as follows: United States courthouse located at 10 East That, of the funds made available pursuant Commerce Street in Youngstown, Ohio, shall to this section, not less than $6,000,000 shall On page 772, strike lines 10 through 23. be known and designated as the ‘‘Nathaniel be made available for the United States R. Jones Federal Building and United States Agency for International Development to use SA 93. Mrs. FEINSTEIN submitted an Courthouse’’. in support of programs that— amendment intended to be proposed by (b) REFERENCES.—Any reference in a law, her to the joint resolution H.J. Res. 2, ‘‘(1) promote the inclusion of a significant map, regulation, document, paper, or other number of women in future legislative bodies making further continuing appropria- record of the United States to the Federal to ensure that women’s full range of human building and United States courthouse re- tions for the fiscal year 2003, and for rights are included and upheld in any con- other purposes; which was ordered to ferred to in subsection (a) shall be deemed to stitution or legal structures of Afghanistan; be a reference to the Nathaniel R. Jones Fed- lie on the table; as follows: ‘‘(2) promote the continuation and eral Building and United States Courthouse. On page 1037, line 8, insert ‘‘(a) FRUITS AND strengthening of the Ministry for Women’s VEGETABLES.—’’ before ‘‘The’’. Affairs as the Government of Afghanistan SA 97. Mr. NELSON of Florida (for On page 1037, between lines 12 and 13, insert makes the transition to a long-term govern- himself and Mr. DASCHLE, Mr. LEAHY, ment structure, and encourage the appoint- the following: Mr. DURBIN, and Mr. BIDEN) submitted (b) AVOCADO AND CITRUS PRODUCERS.— ment of women to high-level positions within the ministries of the Government of Af- an amendment intended to be proposed (1) IN GENERAL.—The Secretary shall use by him to the joint resolution H.J. Res. $80,000,000 of funds of the Commodity Credit ghanistan; Corporation to make payments, as soon as ‘‘(3) ensure that a significant portion of 2, making further continuing appro- practicable after the date of enactment of United States development, humanitarian, priations for the fiscal year 2003, and this Act, to avocado and citrus producers and relief assistance is channeled to local for other purposes; as follows: that suffered economic losses, including and United States-based Afghan women’s or- At the appropriate place, insert the fol- quality losses, as the result of the imposition ganizations; lowing: of quarantines to prevent the introduction of ‘‘(4) provide technical assistance, training, SEC.ll. In addition to amounts appro- fruit flies from Mexico into the State of Cali- and capacity-building for local women-based priated by this Act under the heading ‘‘Pub- fornia during the 2002 or 2003 crop year, or organizations to ensure that United States lic Law 480 Title II Grants’’, there is appro- both. funded efforts will be both effective and sus- priated, out of funds in the Treasury not oth- (2) AMOUNT.—The amount of payments for tainable; erwise appropriated, $600,000,000 for assist- which producers are eligible to receive pay- ‘‘(5) promote multiyear women-centered ance for emergency relief activities: Pro- ments under this subsection shall be based economic development programs, including vided, That the amount appropriated under an the value of avocados and citrus, as deter- programs to assist widows, female heads of this section shall remain available through mined by the Secretary. household, women in rural areas, and dis- September 30, 2004: Provided further, That the (3) LIMITATIONS.— abled women; entire amount appropriated under this sec- (A) IN GENERAL.—Except as provided in ‘‘(6) increase women’s access to or owner- tion is designated by the Congress as an subparagraph (B), the Secretary shall not es- ship of productive assets such as land, water, emergency requirement pursuant to section tablish a payment limitation, or income eli- agricultural inputs, credit, and property; 251(b)(2)(A) of the Balanced Budget and gibility limitation, with respect to payments ‘‘(7) provide long-term financial assistance Emergency Deficit Control Act of 1985. made under this subsection. for primary, secondary, higher, nontradi- (B) PAYMENT QUANTITIES.—The Secretary tional, and vocational education for Afghan SA 98. Mr. MCCONNELL (for himself may establish a limitation on the maximum girls, women, boys, and men; and Mr. LEAHY) submitted an amend- quantity of avocados or citrus for which a ‘‘(8) provide financial assistance to build ment intended to be proposed by him producer may receive payments under this the health infrastructure and to deliver to the joint resolution H.J. Res. 2, subsection. high-quality comprehensive health care pro- making further continuing appropria- (4) OTHER FEDERAL ASSISTANCE.—A programs, including primary, maternal, child, reproductive, and mental health care; and tions for the fiscal year 2003, and for ducer shall be ineligible for a payment under other purposes; which was ordered to this subsection to the extent that the pro- ‘‘(9) provide, in close consultation with ducer received compensation or assistance women’s organizations in Afghanistan, train- lie on the table; as follows: for the loss under any other Federal pro- ing for the military and police forces on the On page 366, line 26, strike ‘‘this heading’’ gram, other than the Federal crop insurance protection, rights, and the particular needs and insert in lieu thereof: the heading ‘‘Eco- program established under the Federal Crop of women, and emphasize that violations of nomic Support Fund’’ Insurance Act (7 U.S.C. 1501 et seq.). women’s rights are intolerable and should be prosecuted: SA 99. Mr. MCCONNELL (for himself SA 94. Mr. BREAUX (for himself and ‘‘Provided further, That one year after the and Mr. LEAHY) submitted an amend- Ms. LANDRIEU) submitted an amend- date of enactment of this Act, the Adminis- ment intended to be proposed by him ment intended to be proposed by him trator of the United States Agency for Inter- to the joint resolution H.J. Res. 2, national Development shall submit a report making further continuing appropria- to the joint resolution H.J. Res. 2, to Congress that contains— making further continuing appropriations for the fiscal year 2003, and for ‘‘(A) a detailed description of programs other purposes; which was ordered to tions for the fiscal year 2003, and for funded by the United States Agency for other purposes; which was ordered to International Development that are carried lie on the table; as follows: lie on the table; as follows: out under the preceding proviso; On page 366, strike everything after ‘‘the’’ on line 3, through ‘‘Agency’’ on line 4 and in- At the appropriate place, insert the fol- ‘‘(B) other programs of the United States sert in lieu thereof: lowing: Agency for International Development that directly or indirectly benefit women; and headings ‘‘Trade and Development Agen- SEC. ll. MORGANZA, LOUISIANA, TO THE GULF ‘‘(C) barriers that remain for women in Af- cy’’, ‘‘International Military Education and OF MEXICO, MISSISSIPPI RIVER AND Training’’, ‘‘Foreign Military Financing Pro- TRIBUTARIES. ghanistan, specifically in the protection of gram’’, ‘‘Migration and Refugee Assistance’’, The project for hurricane and storm dam- basic human rights, education, reproductive health, legal rights, political participation, and ‘‘Nonproliferation, Anti-Terrorism, age reduction, Morganza, Louisiana, to the Demining and Related Programs’’ Gulf of Mexico, Mississippi River and Tribu- and economic opportunity, and what types of taries, is authorized to be carried out by the foreign assistance is necessary to ensure that these barriers might be eliminated.’’. SA 100. Mr. GRASSLEY submitted an Secretary of the Army substantially in ac- amendment intended to be proposed by cordance with the plans, and subject to the him to the joint resolution H.J. Res. 2, conditions, described in the Report of the SA 96. Mr. VOINOVICH (for himself Chief of Engineers dated August 23, 2002, at a and Mr. DEWINE) submitted an amend- making further continuing appropria- total cost of $680,000,000, with an estimated ment intended to be proposed by him tions for the fiscal year 2003, and for Federal cost of $442,000,000 and an estimated to the joint resolution H.J. Res. 2, other purposes; which was ordered to non-Federal cost of $238,000,000. making further continuing appropria- lie on the table; as follows:

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1264 CONGRESSIONAL RECORD — SENATE January 21, 2003 On page 107, line 5, insert ‘‘of which SA 103. Mr. LEAHY (for himself, Mr. cordance with the provisions of section 202(i) $10,000,000 will be provided for the continu- HARKIN, and Ms. STABENOW) submitted of the Legislative Reorganization Act of 1946; ance of methamphetamine reduction efforts’’ an amendment intended to be proposed (G) to publish and report the findings of before the semicolon. by him to the joint resolution H.J. Res. the Special Committee; and (H) to take depositions and other testi- SA 101. Mr. VOINOVICH (for himself 2, making further continuing appro- mony. and Mr. DEWINE) submitted an amend- priations for the fiscal year 2003, and (2) ADMINISTRATION OF OATHS.—A cochair- ment intended to be proposed by him for other purposes; which was ordered man of the Special Committee or any mem- to the joint resolution H.J. Res. 2, to lie on the table; as follows: ber thereof may administer oaths to wit- making further continuing appropria- On page 1037, line 2, strike ‘‘$250,000,000’’ nesses. tions for the fiscal year 2003, and for and insert ‘‘$552,000,000’’. (e) REPORTS.— other purposes; which was ordered to (1) TO THE SENATE.—Not later than 1 year SA 104. Mr. LEAHY (for himself and after the date of enactment of this section, lie on the table; as follows: the Special Committee shall issue a final re- On page 486, between lines 8 and 9, insert Ms. STABENOW) submitted an amendment intended to be proposed by him port of recommendations to the full Senate. the following: (2) PRELIMINARY REPORTS.—The Special SEC. ll. ARMED FORCES MEMORIAL. to the joint resolution H.J. Res. 2, Committee may issue such preliminary re- (a) DEFINITIONS.—In this section: making further continuing appropria- ports and recommendations as the cochair- (1) MAP.—The term ‘‘map’’ means the map tions for the fiscal year 2003, and for men deem appropriate. referred to in section 8902(a)(3) of title 40, other purposes; which was ordered to United States Code. lie on the table; as follows; SA 106. Mr. KENNEDY submitted an (2) MEMORIAL.—The term ‘‘memorial’’ In the division relating to agriculture— amendment intended to be proposed by means the memorial authorized to be estab- (1) in the matter under the heading ‘‘CHILD him to the joint resolution H.J. Res. 2, lished under subsection (b)(1). NUTRITION PROGRAMS (INCLUDING TRANSFERS making further continuing appropria- (b) AUTHORITY TO ESTABLISH MEMORIAL.— OF FUNDS) OOD AND U (1) IN GENERAL.—The Pyramid of Remem- ’’ under the heading ‘‘F N - tions for the fiscal year 2003, and for brance Foundation may establish a memo- TRITION SERVICE’’ in title IV— other purposes; which was ordered to rial on Federal land in the area depicted on (A) strike ‘‘$5,834,506,000’’ and insert lie on the table; as follows; ‘‘$6,386,506,000’’; and the map as ‘‘Area II’’ to honor members of At the appropriate place, insert the fol- (B) strike ‘‘$4,745,663,000’’ and insert the Armed Forces of the United States who lowing: have lost their lives during peacekeeping op- ‘‘$4,193,663,000’’; and (2) strike section 205. SEC. ll. FUNDING FOR CITIZENSHIP AND IMMI- erations, humanitarian efforts, training, ter- GRATION SERVICES. rorist attacks, or covert operations. SA 105. Ms. LANDRIEU submitted an (a) AMENDMENT TO THE HOMELAND SECURITY (2) COMPLIANCE WITH STANDARDS FOR COM- ACT.—Section 457 of the Homeland Security MEMORATIVE WORKS.— amendment intended to be proposed by Act of 2002 (Public Law 107–296) is amended (A) IN GENERAL.—Except as provided in him to the joint resolution H.J. Res. 2, to read as follows: subparagraph (B), the establishment of the making further continuing appropria- ‘‘SEC. 457. FUNDING FOR CITIZENSHIP AND IMMI- memorial shall be in accordance with chap- tions for the fiscal year 2003, and for GRATION SERVICES. ter 89 of title 40, United States Code. other purposes; which was ordered to ‘‘(a) AMENDMENT TO THE IMMIGRATION AND (B) EXCEPTION.—Subsections (b) and (c) of lie on the table; as follows; NATIONALITY ACT.—Section 286(m) of the Im- section 8903 of title 40, United States Code, migration and Nationality Act (8 U.S.C. shall not apply to the establishment of the At the appropriate place, insert the following: 1356(m)) is amended by striking ‘services, in- memorial. cluding the costs of similar services provided (c) FUNDS FOR MEMORIAL.— SEC. ll. ESTABLISHMENT OF SPECIAL COM- without charge to asylum applicants or (1) USE OF FEDERAL FUNDS PROHIBITED.—Ex- MITTEE ON THE ORGANIZATION OF THE SENATE. other immigrants’ and inserting ‘services’. cept as provided by chapter 89 of title 40, ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (a) ESTABLISHMENT.—There is established a United States Code, no Federal funds may be N GENERAL.—There are authorized to special committee of the Senate, to be ‘‘(1) I used to pay any expense incurred from the be appropriated to the Attorney General or known as the Special Committee on the Or- establishment of the memorial. the Secretary, as may be appropriate, such ganization of the Senate (in this section re- (2) DEPOSIT OF EXCESS FUNDS.—The Pyr- funds as may be necessary to compensate for ferred to as the ‘‘Special Committee’’). amid of Remembrance Foundation shall the loss of any funds for adjudication serv- (b) PURPOSES.—The purposes of the Special transmit to the Secretary of the Treasury ices by reason of the operation of the amend- for deposit in the account provided for in Committee are— (1) to assist the Senate in addressing its or- ment made by subsection (a), including funds section 8906(b)(1) of title 40, United States necessary— Code— ganizational structure in light of reorganization efforts in the Executive Branch and the ‘‘(A) to carry out the provisions of sections (A) any funds that remain after payment of 207 through 209 of the Immigration and Na- all expenses incurred from the establishment House of Representatives; and (2) to report to the Senate a set of rec- tionality Act (8 U.S.C. 1157–59); and of the memorial (including payment of the ‘‘(B) to provide fee waivers or exemptions amount for maintenance and preservation ommendations as to necessary changes in the committee structure of the Senate. to applicants and petitioners. required under section 8906(b) of title 40, ‘‘(2) AVAILABILITY OF FUNDS.—Funds appro- (c) COMPOSITION.— United States Code); or priated pursuant to paragraph (1) are author- (B) any funds that remain on expiration of (1) IN GENERAL.—The Special Committee shall be composed of— ized to remain available until expended. the authority for the memorial under section ‘‘(c) STATUTORY CONSTRUCTION.—Nothing (A) the Majority Leader and the Minority 8903(e) of title 40, United States Code. section 286(m) of the Immigration and Na- Leader; tionality Act, as amended by subsection (a), (B) 5 members of the Senate appointed by SA 102. Mr. LEAHY submitted an or any other provision of law, shall be con- the Majority Leader; and amendment intended to be proposed by strued to require the reduction of any fee, or (C) 5 members of the Senate appointed by him to the joint resolution H.J. Res. 2, the foregoing of any increase in any fee, for the Minority Leader. making further continuing appropria- adjudication services that is otherwise au- (2) COCHAIRMEN.—The Majority and Minor- thorized under such section 286(m) or any tions for the fiscal year 2003, and for ity Leaders of the Senate shall each des- other provision of law, until the date that is other purposes; which was ordered to ignate 1 member of the Special Committee 90 days after the date on which funds are spe- lie on the table; as follows: as cochairman. cifically appropriated and made available On page 80, between lines 3 and 4, insert (d) POWERS.— under subsection (b) in an amount equal to the following: (1) IN GENERAL.—For the purposes of this resolution, the Special Committee is author- the amount of such proposed reduction or SEC. 7ll. VALUE-ADDED PROJECTS FOR AGRI- foregone increase for any fiscal year.’’. CULTURAL DIVERSIFICATION. ized— (b) EFFECTIVE DATE.—The amendment Of the amount of funds that are made (A) to make investigations into any matter made by subsection (a) of this section shall available to producers in the State of within its general purposes; be effective as if it were included in the en- Vermont under section 524 of the Federal (B) to make expenditures from the contin- actment of the Homeland Security Act of Crop Insurance Act (7 U.S.C. 1524) for fiscal gent fund of the Senate; 2002 (Public Law 107–296). year 2003, the Secretary of Agriculture shall (C) to employ personnel; make a grant of $200,000 to the Northeast (D) to hold hearings; Mr. KENNEDY submitted an Center for Food Entrepreneurship at the (E) to sit and act at any time or place dur- SA 107. University of Vermont to support value- ing the sessions, recesses, and adjourned pe- amendment intended to be proposed by added projects that contribute to agricul- riods of the Senate; him to the joint resolution H.J. Res. 2, tural diversification in the State, to remain (F) to procure the service of individual making further continuing appropria- available until expended. consultants or organizations thereof, in actions for the fiscal year 2003, and for

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1265 other purposes; which was ordered to ment intended to be proposed by her to SA 112. Mr. BUNNING (for himself lie on the table; as follows: the joint resolution H.J. Res. 2, making and Mr. SANTORUM) submitted an At the appropriate place, insert the fol- further continuing appropriations for amendment intended to be proposed by lowing new section: the fiscal year 2003, and for other pur- him to the joint resolution H.J. Res. 2, SEC. ll. RESTORATION OF PROVISION REGARD- poses; which was ordered to lie on the making further continuing appropria- ING FEES TO COVER THE FULL table; as follows: tions for the fiscal year 2003, and for COSTS OF ALL ADJUDICATION SERV- ICES. On page 486, between lines 8 and 9, insert other purposes; which was ordered to The Homeland Security Act of 2002 is the following: lie on the table; as follows: amended by striking section 457, including SEC. ll. SENSE OF THE SENATE REGARDING At the end of the general provisions relat- the amendment made by such section. SOUTHERN CALIFORNIA OFFSHORE ing to the Department of Health and Human OIL LEASES. Services, insert the following: SA 108. Ms. CANTWELL (for herself (a) FINDINGS.—Congress finds that— SEC. ll. GRANTS FOR PURCHASE OF and Mr. NELSON) submitted an amend- (1) there are 36 undeveloped oil leases on ULTRASOUND EQUIPMENT. ment intended to be proposed by her to land in the southern California planning area (a) IN GENERAL.—The Secretary of Health the joint resolution H.J. Res. 2, making of the outer Continental Shelf that— and Human Services may make grants for further continuing appropriations for (A) have been under review by the Sec- the purchase of ultrasound equipment. Such retary of the Interior for an extended period ultrasound equipment shall be used by the the fiscal year 2003, and for other pur- of time, including some leases that have recipients of such grants to provide, under poses; which was ordered to lie on the been under review for over 30 years; and the direction and supervision of a licensed table; as follows: (B) have not been approved for develop- physician, free ultrasound examinations to On page 549, between lines 14 and 15, insert ment under the Outer Continental Shelf pregnant woman needing medical services. the following: Lands Act (43 U.S.C. 1331 et seq.); (b) ELIGIBILITY REQUIREMENTS.—An entity In addition to any amounts otherwise ap- (2) the oil companies that hold the 36 may receive a grant under subsection (a) propriated under this Act for title I of the leases— only if the entity meets the following condi- Workforce Investment Act of 1998 (29 U.S.C. (A) have expressed an interest in retiring tions: 2801 et seq.), $678,551,000 is appropriated to the leases in exchange for equitable com- (1) NONPROFIT, TAX EXEMPT ORGANIZA- carry out that Act, of which— pensation; and TION.—The entity is a nonprofit private orga- (1) $156,965,000 (which is available for obli- (B) are engaged in settlement negotiations nization that is described in section 501(c)(3) gation for the period April 1, 2003 through with the Secretary of the Interior for the re- of the Internal Revenue Code of 1986 and is June 30, 2004) shall be for making allotments tirement of the leases; and exempt from tax under section 501(a) of such and grants in accordance with subparagraphs (3) it would be a waste of the taxpayer’s Code. (B) and (C) of section 127(b)(1) of that Act (29 money to continue the process for approval (2) CLINIC.—The entity operates as a com- U.S.C. 2852(b)(1)) (relating to youth activi- or permitting of the 36 leases while the Sec- munity-based pregnancy help medical clinic. ties); retary of the Interior and the lessees are ne- (3) QUALIFIED ENTITY.—The entity is le- (2) $76,000,000 (which is available for obliga- gotiating to retire the leases. gally qualified to provide medical services to tion for the period July 1, 2003 through June (b) SENSE OF THE SENATE.—It is the sense pregnant women and is in compliance with 30, 2004) shall be for making allotments and of the Senate that no funds made available all Federal, State, and local requirements grants in accordance with section 132(b)(1) of by this Act or any other Act for any fiscal for the provision of such services. that Act (29 U.S.C. 2862(b)(1)) (relating to em- year should be used by the Secretary of the (4) PROCEDURES.—The entity agrees to ployment and training activities for adults); Interior to approve any exploration, develop- comply with the following medical proce- (3) $206,096,000 (which is available for obli- ment, or production plan for, or application dures: gation for the period July 1, 2003 through for a permit to drill on, the 36 undeveloped (A) IMAGE AND DESCRIPTION.—Each preg- June 30, 2004) shall be for making allotments leases in the southern California planning nant woman upon whom the ultrasound and grants in accordance with section area of the outer Continental Shelf during equipment is used will be shown the visual 132(b)(2) of that Act (29 U.S.C. 2862(b)(2)) (re- any period in which the lessees are engaged image of the embryo or fetus involved from lating to employment and training activities in settlement negotiations with the Sec- the ultrasound examination and will be for dislocated workers); retary of the Interior for the retirement of given a general anatomical and physiological (4) $181,890,000 (which is available for obli- the leases. description of the characteristics of the em- gation for the period April 1, 2003 through bryo or fetus. June 30, 2004) shall be for use under section SA 111. Mrs. HUTCHISON submitted (B) AGE.—Each pregnant woman will be 169 of that Act (29 U.S.C. 2914) (relating to an amendment intended to be proposed given, according to the best medical judg- youth opportunity grants); and by her to the joint resolution H.J. Res. ment of the physician or physician’s agent (5) $57,600,000 (which is available for obliga- 2, making further continuing appro- performing the ultrasound examination, the approximate age of the embryo or fetus con- tion for the period July 1, 2003 through June priations for the fiscal year 2003, and 30, 2006) shall be for carrying out subtitle C sidering the number of weeks elapsed from of title I of that Act (29 U.S.C. 2881 et seq.) for other purposes; which was ordered the probable time of the conception of the (relating to the Job Corps). to lie on the table; as follows: embryo or fetus, based upon the information Notwithstanding any other provision of this At the appropriate place in the division provided by the woman as to the time of her Act, funds provided under the preceding sen- making appropriations for the Department last menstrual period, her medical history, a tence shall not result in a further across-the- of Agriculture, insert the following: physical examination, or appropriate labora- board rescission under section 601 of division SEC. ll. ASSISTANCE TO AGRICULTURAL PRO- tory tests. N. DUCERS THAT HAVE USED WATER (C) INFORMATION ON OPTIONS.—Each preg- FOR IRRIGATION FROM RIO GRANDE nant woman will be given information on SA 109. Mrs. BOXER submitted an RIVER. abortion and alternatives to abortion such as amendment intended to be proposed by (a) IN GENERAL.—The Secretary of Agri- childbirth and adoption and information con- her to the joint resolution H.J. Res. 2, culture shall use $10,000,000 of the funds of cerning public and private agencies that will the Commodity Credit Corporation to make assist women choosing those alternatives. making further continuing appropria- a grant to the State of Texas, acting through tions for the fiscal year 2003, and for (D) INSURANCE.—The entity will obtain and the Texas Department of Agriculture, to pro- maintain medical malpractice insurance in other purposes; which was ordered to vide assistance to agricultural producers in an amount not less than $1,000,000, and such lie on the table; as follows: the State of Texas with farming operations insurance will cover all activities relating to On page 486, between lines 8 and 9, insert along the Rio Grande River that have suf- the use of the ultrasound machine purchased the following: fered economic losses during the 2002 crop with the grant under subsection (a). SEC. ll. IMPERIAL PROJECT. year due to the failure of Mexico to deliver (5) MULTIPLE REVENUE SOURCES.—The enti- Notwithstanding any other provision of water to the United States in accordance ty does not receive more than 30 percent of law, none of the funds provided by this Act with the Treaty Relating to the Utilization its gross annual revenue from a single source or any other Act for any fiscal year may be of Waters of the Colorado and Tijuana Rivers or donor. used by the Secretary of the Interior to ap- and of the Rio Grande, and Supplementary (c) LIMITATION ON INDIVIDUAL GRANT prove the plan of operations submitted by Protocol signed November 14, 1944, signed at AMOUNT.—No grant made under subsection the Glamis Imperial Corporation for the Im- Washington on February 3, 1944 (59 Stat. 1219; (a) may be made in an amount that exceeds perial project, an open-pit gold mine located TS 944). the lesser of— on public land administered by the Bureau of (b) AMOUNT.—The amount of assistance (1) an amount equal to 50 percent of the Land Management in Imperial County, Cali- provided to individual agricultural producers purchase price cost of the ultrasound ma- fornia. under this section shall be proportional to chine involved; or the amount of actual losses described in sub- (2) $20,000. SA 110. Mrs. BOXER (for herself and section (a) that were incurred by the pro- (d) APPLICATION FOR GRANT.—To be eligible Mrs. FEINSTEIN) submitted an amend- ducers. to receive a grant under subsection (a), an

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1266 CONGRESSIONAL RECORD — SENATE January 21, 2003 entity shall submit an application to the SA 115. Mr. JEFFORDS (for himself ‘‘(ii) if the land or interest in land is subse- Secretary in such form, in such manner, and and Mr. SCHUMER) submitted an quently sold, exchanged, or otherwise dis- containing such agreements, assurances, and amendment intended to be proposed by posed of by the State, the State shall— information as the Secretary determines to him to the joint resolution H.J. Res. 2, ‘‘(I) reimburse the Secretary in an amount be necessary to carry out this section. that is based on the current market value of (e) ANNUAL REPORT TO SECRETARY.—The making further continuing appropria- the land or interest in land in proportion to Secretary may make a grant under sub- tions for the fiscal year 2003, and for the amount of consideration paid by the section (a) only if the applicant for the grant other purposes; which was ordered to United States for the land or interest in agrees to report on an annual basis to the lie on the table; as follows: land; or Secretary, in such form and manner as the On page 180, line 25, strike ‘‘$566,500,000’’ ‘‘(II) convey to the Secretary land or an in- Secretary may require, on the ongoing com- and insert ‘‘$750,000,000’’. terest in land that is equal in value to the pliance of the applicant with the eligibility land or interest in land conveyed. conditions established in subsection (b). SA 116. Mr. LEAHY submitted an ‘‘(C) DISPOSITION OF FUNDS.—Amounts re- (f) DEFINITIONS.—In this section: amendment intended to be proposed by ceived by the Secretary under subparagraph (1) COMMUNITY-BASED PREGNANCY HELP MED- him to the joint resolution H.J. Res. 2, (B)(ii) shall be credited to the Forest Legacy ICAL CLINIC.—The term ‘‘community-based making further continuing appropria- Program account, to remain available until pregnancy help medical clinic’’ means an en- tions for the fiscal year 2003, and for expended.’’. tity that— (A) provides free medical services to preg- other purposes, which was ordered to SA 119. Mr. KENNEDY submitted an nant women under the direction and super- lie on the table, as follows: amendment intended to be proposed by vision of a licensed physician who serves as At the appropriate place in Division A in- him to the joint resolution H.J. Res. 2, the medical director for such clinic; and sert: making further continuing appropria- SEC. . Notwithstanding any other provi- (B) does not charge for any services ren- tions for the fiscal year 2003, and for dered to its clients, whether or not such sion of law, the Secretary of Agriculture services are for pregnancy-related matters. shall use the funds, facilities, and authori- other purposes; which was ordered to (2) SECRETARY.—The term ‘‘Secretary’’ ties of the Commodity Credit Corporation to lie on the table; as follows: means the Secretary of Health and Human ensure that United States contributions for At the appropriate place, insert the fol- Services. international humanitarian food assistance lowing: (g) APPROPRIATIONS AND OFFSET.— for each fiscal year 2003 and 2004 shall be no SEC. ll. In addition to amounts otherwise (1) APPROPRIATIONS.—There is appropriated less than the previous five year average be- appropriated in this Act, there are appro- to carry out this section $5,000,000 for fiscal ginning on the date of enactment of this Act. priated $1,600,000,000 to enable the Depart- year 2003. ment of Health and Human Services to en- (2) OFFSET.—Of the amount appropriated or SA 117. Ms. LANDRIEU submitted an hance the preparedness of the United States otherwise made available by title III of divi- amendment intended to be proposed by to respond effectively to acts of bioter- sion K for the National Aeronautics and her to the joint resolution H.J. Res. 2, rorism, of which— Space Administration, the amount available making further continuing appropria- (1) $850,000,000 shall be made available for for the Origins program under the Office of tions for the fiscal year 2003, and for grants to States and local communities for Space Sciences is hereby reduced by other purposes; which was ordered to the costs of smallpox vaccination programs; $5,000,000. lie on the table; as follows: and (2) $750,000,000 shall be made available to Mr. KOHL submitted an At the end, add the following: extend the Vaccine Injury Compensation SA 113. SEC. 602. The rescission requirements in Program under title XXI of the Public amendment intended to be proposed by section 601(a) shall not apply with respect to Health Service Act (42 U.S.C. 300aa-1 et seq.) him to the joint resolution H.J. Res. 2, the budget authority provided for amounts to cover those individuals who experience in- making further continuing appropria- appropriated by title I of division K for the juries or other hardships resulting from the Department of Veterans Affairs for the Vet- tions for the fiscal year 2003, and for administration of vaccinia virus or other erans Health Administration for Medical other purposes; which was ordered to countermeasures against smallpox. lie on the table; as follows: Care, or to any amounts appropriated pursuant to that budget authority. At the appropriate place, insert the fol- SA 120. Mr. KENNEDY submitted an lowing: SA 118. Mr. LEAHY submitted an amendment intended to be proposed by SEC. ll. SAVINGS PROVISION OF CERTAIN amendment intended to be proposed by him to the joint resolution H.J. Res. 2, TRANSFERS MADE UNDER THE him to the joint resolution H.J. Res. 2, making further continuing appropria- HOMELAND SECURITY ACT OF 2002. tions for the fiscal year 2003, and for The transfer of functions under subtitle B making further continuing appropria- of title XI of the Homeland Security Act of tions for the fiscal year 2003, and for other purposes; which was ordered to 2003 (Public Law 107–296) shall not affect any other purposes; which was ordered to lie on the table; as follows: pending or completed administrative ac- lie on the table; as follows: At the appropriate place, insert the fol- tions, including orders, determinations, On page 80, between lines 3 and 4, insert lowing: rules, regulations, personnel actions, per- the following: SEC. ll. In addition to amounts otherwise mits, agreements, grants, contracts, certifi- SEC. 7ll. TRANSFER OF FOREST LEGACY PRO- appropriated in this Act, there are appro- cates, licenses, or registrations, in effect on GRAM LAND. priated $2,875,000,000 to enable the Depart- the date immediately prior to the date of Section 7(l) of the Cooperative Forestry ment of Health and Human Services to en- such transfer, or any proceeding, unless and Assistance Act of 1978 (16 U.S.C. 2103c(l)) is hance the preparedness of the United States until amended, modified, superseded, termi- amended by inserting after paragraph (2) the to respond effectively to acts of bioter- nated, set aside, or revoked. Pending civil following: rorism, of which— actions shall not be affected by such transfer ‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM (1) $850,000,000 shall be made available for of functions. LAND.— grants to States and local communities for ‘‘(A) IN GENERAL.—Subject to any terms the costs of smallpox vaccination programs; SA 114. Mr. JEFFORDS (for himself and conditions that the Secretary may re- (2) $750,000,000 shall be made available to and Mr. SCHUMER) submitted an quire (including the requirements described extend the Vaccine Injury Compensation amendment intended to be proposed by in subparagraph (B)), the Secretary may, at Program under title XXI of the Public him to the joint resolution H.J. Res. 2, the request of a participating State, convey Health Service Act (42 U.S.C. 300aa-1 et seq.) to the State, by quitclaim deed, without con- to cover those individuals who experience in- making further continuing appropria- juries or other hardships resulting from the tions for the fiscal year 2003, and for sideration, any land or interest in land acquired in the State under the Forest Legacy administration of vaccinia virus or other other purposes; which was ordered to Program. countermeasures against smallpox; lie on the table; as follows: ‘‘(B) REQUIREMENTS.—In conveying land or (3) $1,250,000 shall be made available to im- At the appropriate place in division I, in- an interest in land under subparagraph (A), prove the preparedness of hospitals for bio- sert the following: the Secretary may require that— terrorism; and SEC. ll. The amendments made by sec- ‘‘(i) the deed conveying the land or interest (4) $25,000,000 shall be made available to the tion 890 of the Homeland Security Act of in land include requirements for the manage- Centers for Disease Control and Prevention 2002, relating to the Air Transportation Safe- ment of the land in a manner that— to enhance control of biological agents and ty and Systems Stabilization Act, are re- ‘‘(I) conserves the land or interest in land; toxins as described under section 351A of the pealed and the Air Transportation Safety and Public Health Service Act. and Systems Stabilization Act shall be ap- ‘‘(II) is consistent with any other Forest plied as if such amendments had not been en- Legacy Program purposes for which the land SA 121. Mr. KENNEDY submitted an acted. or interest in land was acquired; amendment intended to be proposed by

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1267 him to the joint resolution H.J. Res. 2, shall be made available to the Office of Mi- money in the Treasury not otherwise appro- making further continuing appropria- nority Health of the Department of Health priated for the fiscal year ending September tions for the fiscal year 2003, and for and Human Services to be used for activities 30, 2003, $3,500,000,000 for carrying out such other purposes; which was ordered to including— part, to remain available through September lie on the table; as follows: (1) to undertake, through and in collabora- 30, 2004. tion with the Public Health Service agen- (b) ACROSS-THE-BOARD RESCISSION.—Not- On page 1047, between lines 19 and 20, insert cies, a coordinated Federal initiative to re- withstanding any other provision of this Act, the following: duce racial and ethnic disparities in health, funds provided under subsection (a) shall not SEC. 404. (a) Section 1886(d)(5)(B)(ii) of the particularly in the six focus areas of infant result in a further across-the-board rescis- Social Security Act (42 U.S.C. mortality, cancer screening and manage- sion under section 601 of Division N. 1395ww(d)(5)(B)(ii)) is amended— ment, cardiovascular disease, diabetes, HIV/ (1) in subclause (V), by adding ‘‘and’’ at the AIDS, and immunizations; SA 126. Mr. BINGAMAN submitted an end; and (2) to increase funding for minority health (2) by striking subclauses (VI) and (VII) amendment intended to be proposed by initiatives and collaborations at the multi- and inserting the following: him to the joint resolution H.J. Res. 2, State, State, and local level that employ ‘‘(VI) on or after October 1, 2001, ‘c’ is equal making further continuing appropria- proven public health strategies to reduce to 1.6.’’. tions for the fiscal year 2003; and for (b) Section 1886(d)(2)(C)(i) of the Social Se- health disparities in specific minority populations; other purposes; which was ordered to curity Act (42 U.S.C. 1395ww(d)(2)(C)(i)) is lie on the table; as follows: amended— (3) to expand Federal efforts and assist At the appropriate place, insert the fol- (1) by striking ‘‘1999 or’’ and inserting States in the collection and analysis of lowing: ‘‘1999,’’; and health status data that includes standard ra- (2) by inserting ‘‘, or of section 404 of divi- cial and ethnic data; ‘‘SEC. PERMANENT AUTHORITY TO OPERATE sion N of the Joint Resolution entitled (4) to conduct or support research on effec- THE STRATEGIC PETROLEUM RE- SERVE AND OTHER ENERGY PRO- ‘Joint Resolution making further continuing tive health interventions in minority communities; GRAMS appropriations for the fiscal year 2003, and (a) AMENDMENT TO TITLE I OF THE ENERGY for other purposes’ after ‘‘2000’’. (5) to assist in the development and dissemination of cross cultural curricula for the POLICY AND CONSERVATION ACT.—Title I of Mr. KENNEDY submitted an training of health professionals; the Energy Policy and Conservation Act (42 SA 122. U.S.C. 6211 et seq.) is amended— amendment intended to be proposed by (6) to provide technical assistance to States to improve public health infrastruc- (1) by striking section 166 (42 U.S.C. 6246) him to the joint resolution H.J. Res. 2, and inserting— making further continuing appropria- tures and outreach for health disparity populations; and ‘‘AUTHORIZATION OF APPROPRIATIONS tions for the fiscal year 2003, and for (7) to sponsor National Forums on African ‘‘SEC. 166. There are authorized to be ap- other purposes; which was ordered to American Health Care, Latino Health Care, propriated to the Secretary such sums as lie on the table; as follows: Asian American Health Care, and Native may be necessary to carry out this part and On page 59, line 14, insert before the period American Health Care. part D, to remain available until expended.’’; the following: ‘‘: Provided further, That an ad- (2) by striking section 186 (42 U.S.C. 6250e); ditional $13,603,766 shall be appropriated for SA 124. Mr. KENNEDY submitted an and the Food and Drug Administration and shall amendment intended to be proposed by (3) by striking part E (42 U.S.C. 6251; relat- be made available for the review of medical him to the joint resolution H.J. Res. 2, ing to the expiration of title I of the Act). devices, and such amount shall be in addi- making further continuing appropria- (b) AMENDMENT TO TITLE II OF THE ENERGY tion to any other amounts appropriated in tions for the fiscal year 2003, and for POLICY AND CONSERVATION ACT.—Title II of this Act for such activities: Provided further, the Energy Policy and Conservation Act (42 that amounts made available under this Act other purposes; which was ordered to U.S.C. 6271 et seq.) is amended— for the administrative and related expenses lie on the table; as follows: (1) by striking section 256(h) (42 U.S.C. for departmental management for the De- On page 620, between lines 18 and 19, insert 6276(h)) and inserting— partment of Health and Human Services the following: ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— shall be reduced on pro rata basis by SEC. ll. PELL GRANT FUNDING. There are authorized to be appropriated to $13,603,766’’. (a) ADDITIONAL APPROPRIATIONS.—Notwith- the Secretary such sums as may be necessary to carry out this part, to remain Mr. KENNEDY submitted an standing any other provision of this Act, the SA 123. following sums are appropriated, out of any available until expended.’’; amendment intended to be proposed by money in the Treasury not otherwise appro- (2) by inserting before section 273 (42 U.S.C. him to the joint resolution H.J. Res. 2, priated for the fiscal year ending September 6283) the following:) making further continuing appropria- 30, 2003, for an additional amount for ‘‘Stu- ‘‘PART C—SUMMER FILL AND FUEL BUDGETING tions for the fiscal year 2003, and for dent Financial Assistance’’ for carrying out PROGRAMS’’; other purposes; which was ordered to subpart 1 of part A of title IV of the Higher (3) by striking section 273(e) (42 U.S.C. lie on the table; as follows: Education Act of 1965, $1,350,000,000 to remain 6283(e); relating to the expiration of summer At the appropriate place, insert the fol- available through September 30, 2004. fill and fuel budgeting programs); and lowing: (b) MAXIMUM PELL GRANT.—Notwith- (4) by striking part D (42 U.S.C. 6285; relat- SEC. ll. (a) IN GENERAL.—In addition to standing any other provision of this Act, the ing to the expiration of title II of the Act). amounts otherwise appropriated in this Act, maximum Pell Grant for which a student (c) TECHNICAL AMENDMENTS.—The table of there are appropriated $584,646,000, of shall be eligible during award year 2003-2004 contents for the Energy Policy and Con- which— shall be $4,500. servation Act is amended— (1) $43,492,000 shall be made available to the (c) ACROSS-THE-BOARD RESCISSION.—Not- (1) by amending the items relating to part National Center on Minority Health and withstanding any other provision of this Act, D of title I to read as follows: Health Disparities; funds provided under subsections (a) and (b) ‘‘PART D—NORTHWEST HOME HEATING OIL (2) $21,015,000 shall be made available to the shall not result in a further across-the-board RESERVE rescission under section 601 of Division N. Office of Minority Health of the Department ‘‘Sec 181. Establishment. of Health and Human Services; SA 125. Mr. KENNEDY submitted an ‘‘Sec. 182. Authority. (3) $15,334,000 shall be made available to the ‘‘Sec. 183. Conditions for release; plan. Office for Civil Rights of the Department of amendment intended to be proposed by ‘‘Sec. 184. Northeast Home Heating Oil Re- Health and Human Services for discrimina- him to the joint resolution H.J. Res. 2, serve Account. tion-related enforcement and allocated to making further continuing appropria- ‘‘Sec. 185. Exemptions.’’; enforcement actions and the investigation of tions for the fiscal year 2003, and for ‘‘(2) by amending the items relating to part complaints and potential violations of law other purposes; which was ordered to C of title II to read as follows: relating to discrimination and racial dispari- ‘‘PART C—SUMMER FILL AND FUEL BUDGETING ties in health care; lie on the table; as follows: PROGRAMS (4) $491,500,000 shall be made available to On page 620, between lines 18 and 19, insert the Department of Health and Human Serv- the following: ‘‘Sec. 273. Summer fill and fuel budgeting ices for research and activities under the Mi- SEC. ll. ADDITIONAL FUNDING FOR EDU- programs.’’; and nority HIV/AIDS initiative; and CATION. (3) by striking the items relating to part D (5) $13,305,000 shall be made available to the (a) IN GENERAL.—Notwithstanding any of title II. Health Resources and Services Administra- other provision of this Act, in lieu of any (d) Section 183(b)(1) of the Energy Policy tion for Health Professions Training for Di- amounts otherwise appropriated under this and Conservation Act (42 U.S.C. 6250b(b)(1)) versity programs. Act for part A of title II of the Elementary is amended by inserting ‘‘(considered as a (b) OFFICE OF MINORITY HEALTH.—The and Secondary Education Act of 1965, the fol- heating season average)’’ ‘‘mid-October’’ amount appropriated under subsection (a)(2), lowing sums are appropriated, out of any through March’’.

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1268 CONGRESSIONAL RECORD — SENATE January 21, 2003

(e) FULL CAPACITY.—The President shall— for such costs may not to be derived from have purchased crop insurance under the (1) fill the Strategic Petroleum Reserve es- amounts made available for contribution and Federal Crop Insurance Act (7 U.S.C. 1501 et tablished pursuant to part B of title I of the transfer under the preceding provisos. seq.). Energy Policy and Conservation Act (42 SEC. 203. LIVESTOCK ASSISTANCE PROGRAM. U.S.C. 6231 et seq.) to full capacity as soon as SA 128. Mr. LEVIN (for himself, Mr. (a) IN GENERAL.—The Secretary shall use practicable. FITZGERALD, Mr. DEWINE, Mr. VOINO- such sums as are necessary of funds of the (2) acquire petroleum for the Strategic Pe- VICH, and Mr. SCHUMER) submitted an Commodity Credit Corporation as are nec- troleum Reserve by the most practicable and amendment intended to be proposed by essary, but not to exceed $720,000,000, to cost-effective means, including the acquisi- him to the joint resolution H.J. Res. 2, make and administer payments for livestock tion of crude oil the United States is entitled losses to producers for 2001 or 2002 losses, or to receive in kind as royalties from produc- making further continuing appropria- both, in a county that has received a cor- tion on Federal lands; and tions for the fiscal year 2003, and for responding emergency designation by the (3) ensure that the fill rate minimizes im- other purposes; which was ordered to President or the Secretary, of which an pacts on petroleum markets. lie on the table; as follows: amount determined by the Secretary shall be (b) RECOMMENDATIONS.—Not later than 180 On page 259, line 19, strike ‘‘projects:’’ and made available for the American Indian live- days after the date of enactment of this Act, insert ‘‘projects; and of which $500,000 shall stock program under section 806 of the Agri- the Secretary of Energy shall submit to the be available for dispersal barriers in the Chi- culture, Rural Development, Food and Drug Congress a plan to— cago Ship and Sanitary Canal, Illinois:’’. Administration, and Related Agencies Ap- (1) eliminate any infrastructure impedi- propriations Act, 2001 (Public Law 106–387; ments that may limit maximum drawdown SA 129. Mr. KERRY (for himself and 114 Stat. 1549, 1549A–51). capability; and (b) ADMINISTRATION.—The Secretary shall Ms. SNOWE) submitted an amendment make assistance available under this section (2) determine whether the capacity of the intended to be proposed by him to the Strategic Petroleum Reserve on the date of in the same manner as provided under sec- enactment of this section is adequate in joint resolution H.J. Res. 2, making tion 806 of the Agriculture, Rural Develop- light of the increasing consumption of petro- further continuing appropriations for ment, Food and Drug Administration, and leum and the reliance on imported petro- the fiscal year 2003, and for other pur- Related Agencies Appropriations Act, 2001 leum. poses; which was ordered to lie on the (Public Law 106–387; 114 Stat. 1549, 1549A–51). table; as follows: SEC. 204. CROP AND PASTURE FLOOD COM- SA 127. Mr. DURBIN (for himself, Mr. PENSATION PROGRAM. At the appropriate place, insert the fol- (a) DEFINITION OF COVERED LAND.—In this DEWINE, Mr. DASCHLE, Mr. KENNEDY, lowing: section: Mrs. BOXER, Mrs. MURRAY, Mr. SCHU- SEC. ll. USE OF EMERGENCY FUNDS FOR (1) IN GENERAL.—The term ‘‘covered land’’ MER, Ms. MIKULSKI, Mr. LEAHY, Mr. SMALL BUSINESS LOANS. means land that— KOHL, Mrs. CLINTON, Mr. BIDEN, Ms. The matter under the heading ‘‘BUSINESS (A) was unusable for agricultural produc- LANDRIEU, Mr. CORZINE, Mr. EDWARDS, LOANS PROGRAM ACCOUNT’’ in chapter 2 of di- tion during the 2001 or 2002 crop year, or and Mr. LAUTENBERG) submitted an vision B of the Department of Defense and both, as the result of flooding; amendment intended to be proposed by Emergency Supplemental Appropriations for (B) was used for agricultural production Recovery from and Response to Terrorist At- him to the joint resolution H.J. Res. 2, during at least 1 of the 1992 through 2000 crop tacks on the United States Act, 2002 (Public years; making further continuing appropria- Law 107–117) is amended by striking ‘‘For (C) is a contiguous parcel of land of at tions for the fiscal year 2003, and for emergency expenses’’ and inserting the fol- least 1 acre; and other purposes; which was ordered to lowing: ‘‘For loan guarantee subsidies under (D) is located in a county in which pro- lie on the table; as follows: section 7(a) of the Small Business Act (15 ducers were eligible for assistance under the On page 311, between lines 7 and 8, insert U.S.C. 636(a)) or for emergency expenses’’. 1998 or 2000 Flood Compensation Program es- the following: tablished under part 1439 of title 7, Code of SA 130. Mr. CONRAD submitted an Federal Regulations. UNITED STATES AGENCY FOR INTERNATIONAL amendment intended to be proposed by (2) EXCLUSIONS.—The term ‘‘covered land’’ DEVELOPMENT him to the joint resolution H.J. Res. 2, excludes any land for which a producer is in- CHILD SURVIVAL AND HEALTH PROGRAMS FUND making further continuing appropria- sured, enrolled, or assisted during the 2001 or ADDITIONAL AMOUNT FOR GLOBAL HIV/AIDS tions for the fiscal year 2003, and for 2002 crop year (as applicable) under— PROGRAMS other purposes; which was ordered to (A) a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 (INCLUDING TRANSFER OF FUNDS) lie on the table; as follows: U.S.C. 1501 et seq.); For an additional amount to carry out the Beginning on page 1032, strike line 21 and (B) the noninsured crop assistance program provisions of chapters 1 and 10 of part I of all that follows through page 1041, line 13, operated under section 196 of the Federal Ag- the Foreign Assistance Act of 1961, for child and insert the following: riculture Improvement and Reform Act of survival, health, and family planning/repro- TITLE II—EMERGENCY AGRICULTURAL 1996 (7 U.S.C. 7333); ductive health activities, $180,000,000, to re- DISASTER ASSISTANCE (C) any crop disaster program established main available until September 30, 2004: Pro- for the 2001 or 2002 crop year (as applicable); SEC. 201. SHORT TITLE. vided, That of such amount, not less than (D) the conservation reserve program es- This title may be cited as the ‘‘Emergency $100,000,000 shall be made available for a tablished under subchapter B of chapter 1 of Agricultural Disaster Assistance Act of United States contribution to the Global subtitle D of the Food Security Act of 1985 2003’’. Fund to Fight AIDS, Tuberculosis and Ma- (16 U.S.C. 3831 et seq.); laria (in addition to amounts made available SEC. 202. CROP DISASTER ASSISTANCE. (E) the wetlands reserve program estab- for contribution to such Fund under any (a) IN GENERAL.—The Secretary of Agri- lished under subchapter C of chapter 1 of other provision of this Act): Provided, further, culture (referred to in this title as the ‘‘Sec- subtitle D of the Food Security Act of 1985 That, of the additional amount appropriated retary’’) shall use such sums as are nec- (16 U.S.C. 3837 et seq.); under this heading, up to $25,000,000 (not to essary, but not to exceed $2,250,000,000, of (F) any emergency watershed protection be derived from the amount made available funds of the Commodity Credit Corporation program or Federal easement program that for contribution under the preceding proviso) to make emergency financial assistance au- prohibits crop production or grazing; or may be transferred to (and upon transfer thorized under this section available to pro- (G) any other Federal or State water stor- shall be merged with) amounts appropriated ducers on a farm that have incurred quali- age program, as determined by the Sec- for the Department of Health and Human fying crop losses for the 2001 or 2002 crop, or retary. Services for the Centers for Disease Control both, due to damaging weather or related (b) COMPENSATION.—The Secretary shall and Prevention for disease control, research, condition, as determined by the Secretary. use not more than $12,000,000 of funds of the and training under title II of division G of (b) ADMINISTRATION.—The Secretary shall Commodity Credit Corporation to com- this Act, which shall be made available for make assistance available under this section pensate producers with covered land for child survival, maternal health, and other in the same manner as provided under sec- losses on the covered land from long-term disease programs and development activities tion 815 of the Agriculture, Rural Develop- flooding. to prevent, treat, care for, and address the ment, Food and Drug Administration, and (c) PAYMENT RATE.—The payment rate for impact and consequences of HIV/AIDS: Pro- Related Agencies Appropriations Act, 2001 compensation provided to a producer under vided, further, That not more than seven per- (Public Law 106–387; 114 Stat. 1549, 1549A–55), this section shall equal the average county cent of the total amount appropriated under including using the same loss thresholds for cash rental rate per acre established by the this heading may be made available for ad- the quantity and quality losses as were used National Agricultural Statistics Service for ministrative costs of departments and agen- in administering that section. the 2001 or 2002 crop year (as applicable). cies of the United States that carry out pro- (c) CROP INSURANCE.—In carrying out this (d) PAYMENT LIMITATION.—The total grams for which funds are appropriated section, the Secretary shall not discriminate amount of payments made to a person (as de- under this heading, but funds made available against or penalize producers on a farm that fined in section 1001(e) of the Food Security

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1269 Act (7 U.S.C. 1308(e))) under this section may Beginning on page 1037, strike line 18 and (1) by striking ‘‘(1) Except’’ and inserting not exceed $40,000. all that follows through page 1039, line 9. the following: SEC. 205. FUNDING. ‘‘(1) IN GENERAL.—Except’’; Of the funds of the Commodity Credit Cor- SA 134. Mr. MCCAIN submitted an (2) by striking ‘‘paragraph (2)’’ and insert- poration, the Secretary shall— amendment intended to be proposed by ing ‘‘paragraphs (2) and (3)’’; (1) use such sums as are necessary to carry him to the joint resolution H.J. Res. 2, (3) by striking ‘‘(2) The Secretary’’ and in- out this title, to remain available until ex- making further continuing appropria- serting the following: pended; and tions for the fiscal year 2003, and for ‘‘(2) WAIVER.—The Secretary’’; (4) by striking ‘‘paragraph (1)’’ and insert- (2) transfer to the fund established by sec- other purposes; which was ordered to tion 32 of the Act of August 24, 1935 (7 U.S.C. ing ‘‘paragraphs (1) and (3)’’; and 612c), to remain available until expended, an lie on the table; as follows: (5) by adding at the end the following: amount that does not exceed the greater of— On page 1036, strike lines 15 through 22 and ‘‘(3) EXCEPTION.—The Secretary shall not (A) $250,000,000; or insert the following: obligate funds made available under sub- (B) the amount equal to the amount of established by the Secretary for the Pro- section (d)(2) for a grant with respect to a funds under section 32 of that Act that— gram; and building or structure listed on, or eligible for (i) were made available before the date of (2) effective beginning on the date of enact- listing on, the National Register of Historic enactment of this Act to provide assistance ment Places unless the grantee agrees to provide, to livestock producers under the 2002 Live- from funds derived from non-Federal stock Compensation Program announced by SA 135. Mr. TALENT (for himself, sources, an amount that is equal to 30 per- the Secretary on October 10, 2002 (67 Fed. and Mr. LUGAR) submitted an amend- cent of the total cost of the project for which Reg. 63070); and ment intended to be proposed by him the grant is provided.’’. (ii) were not otherwise reimbursed from to the joint resolution H.J. Res. 2, (b) AUTHORIZATION OF APPROPRIATIONS.— another account used by the Secretary or making further continuing appropria- Section 507(d) of the Omnibus Parks and the Commodity Credit Corporation. tions for the fiscal year 2003, and for Public Lands Management Act of 1996 (16 SEC. 206. REGULATIONS. other purposes; which was ordered to U.S.C. 470a note) is amended— lie on the table; as follows: (1) by striking ‘‘Pursuant to’’ and inserting SA 131. Mr. HARKIN (for himself, Mr. the following: At the appropriate place, insert the fol- DURBIN, Ms. LANDRIEU, and Mr. ‘‘(1) IN GENERAL.—Under’’; and lowing: BREAUX) submitted an amendment in- (2) by adding at the end the following: SEC. ll. CORN. tended to be proposed by him to the ‘‘(2) ADDITIONAL FUNDING.—In addition to Notwithstanding any other provision of amounts made available under paragraph (1), joint resolution H.J. Res. 2, making law, the Secretary of Agriculture shall con- there is authorized to be appropriated from further continuing appropriations for sider the planting, prevented planting, and the Historic Preservation Fund to carry out the fiscal year 2003, and for other pur- production of corn used to produce popcorn this section $10,000,000 for each of fiscal years poses; which was ordered to lie on the as the planting, prevented planting, and pro- 2003 through 2008.’’. table; as follows: duction of corn for the purposes of determining base acres and payment yields for di- On page 170, line 1, strike ‘‘$329,397,000,’’ SA 138. Mr. BINGAMAN submitted an and insert ‘‘$348,397,000, of which $19,000,000 rect and counter-cyclical payments under subtitle A of title I of Public Law 107–171. amendment intended to be proposed by (referred to in this title as the ‘supplemental him to the joint resolution H.J. Res. 2, legal assistance amount’) is to provide supplemental funding for basic field programs, SA 136. Ms. MIKULSKI (for herself, Mr. making further continuing appropria- and related administration, to ensure that KENNEDY, Mr. KERRY, Mr. JEFFORDS, tion for the fiscal year 2003, and for no service area (including a merged or recon- and Mrs. CLINTON) submitted an other purposes; which was ordered to figured service area) receives less funding amendment intended to be proposed by lie on the table; as follows: under the Legal Services Corporation Act for her to the joint resolution H.J. Res. 2, On page 1047, between lines 19 and 20, insert fiscal year 2003 than the area received for fis- making further continuing appropria- the following: cal year 2002, due to use of data from the 2000 tions for the fiscal year 2003, and for Census, and’’. SEC. 404. Section 136 of Public Law 107–229, other purposes, which was ordered to as added by section 5 of Public Law 107–240, On page 183, after line 25, add the fol- is amended by striking ‘‘60 days after the lowing: lie on the table, as follows: SEC. ll. The amount made available At the appropriate place in title II of divi- date specified in section 107(c) of Public Law under each account in this division, other sion G, insert the following: 107–229, as amended’’ and inserting ‘‘Sep- than the accounts relating to the Legal SEC. ll. (a) IN GENERAL.—In addition to tember 30, 2003’’. Services Corporation and the accounts con- amounts otherwise appropriated under this tained in title III, for travel expenses, sup- Act to carry out programs and activities SA 139. Mr. GRAHAM of Florida (for plies, and printing expenses shall be reduced under title VIII of the Public Health Service himself, Mr. NELSON of Florida, and on a pro rata basis, so that the total of the Act, there are appropriated an additional Mr. VOINOVICH) submitted an amend- reductions equals $19,000,000. $20,000,000, to remain available until ex- ment intended to be proposed by him pended, to carry out programs and activities SA 132. Mr. HARKIN (for himself, Mr. authorized under sections 831, 846, 846A, 851, to the joint resolution H.J. Res. 2, FEINGOLD, and Mr. DODD) submitted an 852, and 855 of such Act (as amended by the making further continuing appropria- amendment intended to be proposed by Nurse Reinvestment Act (Public Law 107– tions for the fiscal year 2003, and for him to the joint resolution H.J. Res. 2, 205)). other purposes; which was making further continuing appropria- (b) OFFSET.—Amounts made available On page 271, between lines 10 and 11, in- tions for the fiscal year 2003, and for under this division for the administrative sert the following: and related expenses for departmental man- other purposes; which was ordered to agement shall be reduced on pro rata basis SEC. 1ll. MODIFIED WATER DELIVERY PROJECT IN THE STATE OF FLORIDA. lie on the table; as follows: by $20,000,000. At the appropriate place, insert the fol- The Corps of Engineers, using funds lowing: SA 137. Mr. LIEBERMAN (for him- made available for modifications authorized SEC. ll. None of the funds made available self, Ms. LANDRIEU, Mr. HOLLINGS, and by section 104 of the Everglades National in this Act may be used by the Secretary of Park Protection and Expansion Act of 1989 Mr. GRAHAM of Florida) submitted an the Treasury or his delegate to issue any (16 U.S.C. 410r–8), shall immediately carry rule or regulation which implements the pro- amendment intended to be proposed by out alternative 6D (including paying 100 per- posed amendments to Internal Revenue Serv- him to the joint resolution H.J. Res. 2, cent of the cost of acquiring land or an inter- ice regulations set forth in REG–209500–86 making further continuing appropria- est in land) for the purpose of providing a and REG–164464–02, filed December 10, 2002, or tions for the fiscal year 2003, and for flood protection system for the 8.5 square any amendments reaching results similar to other purposes; which was ordered to mile area described in the report entitled such proposed amendments. lie on the table; as follows: ‘‘Central and South Florida Project, Modi- fied Water Deliveries to Everglades National On page 486, between lines 8 and 9, insert SA 133. Mr. MCCAIN submitted an Park, Florida, 8.5 Square Mile Area, General the following: amendment intended to be proposed by Reevaluation Report and Final Supple- him to the joint resolution H.J. Res. 2, SEC. ll. HISTORICALLY BLACK COLLEGES AND mental Environmental Impact Statement’’ UNIVERSITIES. and dated July 2000. making further continuing appropria- (a) DECREASED COST-SHARING REQUIRE- tions for the fiscal year 2003, and for MENT.—Section 507(c) of the Omnibus Parks other purposes; which was ordered to and Public Lands Management Act of 1996 (16 SA 140. Mr. REID (for himself, Mr. lie on the table; as follows: U.S.C. 470a note) is amended— WYDEN, Mr. HARKIN, and Mr. CRAPO)

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1270 CONGRESSIONAL RECORD — SENATE January 21, 2003 submitted an amendment intended to (1) to protect, restore, and enhance fish, U.S.C. 608c(5)), reenacted with amendments be proposed by him to the joint resolu- wildlife, and associated habitats of the by the Agricultural Marketing Agreement tion H.J. Res. 2, making furthur con- Lakes; and Act of 1937 (as amended by subsection (a)), is tinuing appropriations for the fiscal (2) to protect, restore, and enhance fish, amended by adding at the end the following: wildlife, and associated habitats in the wa- ‘‘(N) EXEMPTION OF MILK HANDLERS FROM year 2003, and for other purposes; which tersheds of the Lakes if the actions or pro- MINIMUM PRICE REQUIREMENTS.—Notwith- was ordered to lie on the table; as fol- grams will result in the restoration of the standing any other provision of this sub- lows: Lakes. section, no handler with distribution of Class At the appropriate place, insert the fol- (c) ADMINISTRATION.—The Secretary of the I milk products in the Arizona-Las Vegas lowing: Interior, acting through the Commissioner of marketing area (Order No. 131) shall be ex- SEC. ll. CDBG FUNDS.—(a) Not later than Reclamation, may provide financial assist- empt during any month from any minimum 30 days after the date of enactment of this ance to State and local public agencies, In- milk price requirement established by the Act, funds made available for block grants dian tribes, nonprofit organizations, and in- Secretary under this subsection if the total 1under title I of the Housing and Community dividuals to carry out this section and sec- distribution of Class I products within the Development Act of 1974 (42 U.S.C. 5301 et tion 2507 of Public Law 107–171. Arizona-Las Vegas marketing area of any seq.) for fiscal year 2002 may not be withheld handler’s own farm production exceeds the from any metropolitan city that has satis- SA 143. Mr. REID (for himself and lesser of— fied the population criteria pursuant to the Mr. KYL) submitted an amendment in- ‘‘(i) 3 percent of the total quantity of Class 2000 census and has satisfied all other re- tended to be proposed by him to the I products distributed in the Arizona-Las quired criteria, including the metropolitan joint resolution H.J. Res. 2, making Vegas marketing area (Order No. 131); or cities listed in subsection (b). ‘‘(ii) 5,000,000 pounds.’’. further continuing appropriations for (c) EXCLUSION OF NEVADA FROM FEDERAL (b) The metropolitan cities listed in this the fiscal year 2003, and for other pur- subsection are— MILK MARKETING ORDERS.— (1) Ames, Iowa; poses; which was ordered to lie on the (1) IN GENERAL.—Section 8c(11)(C) the Agri- (2) Bend, Oregon; table; as follows: cultural Adjustment Act (7 U.S.C. (3) Carson City, Nevada; and On page 80, between lines 3 and 4, insert 608c(11)(C)), reenacted with amendments by (4) Idaho Falls, Idaho. the following: the Agricultural Marketing Agreement Act SEC. 7ll. FEDERAL MILK MARKETING. of 1937, is amended by striking the last sentence and inserting the following: ‘‘In the SA 141. Mrs. MURRAY submitted an (a) EXEMPTION OF MILK PRODUCERS AND case of milk and its products, no county lo- amendment intended to be proposed by HANDLERS FROM OBLIGATION TO POOL MILK.— cated within the State of Nevada shall be her to the joint resolution H.J. Res. 2, Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amend- within a marketing area defined in any order making further continuing appropria- issued under this section.’’. tions for the fiscal year 2003, and for ments by the Agricultural Marketing Agree- ment Act of 1937, is amended by adding at (2) INFORMAL RULEMAKING.—The Secretary other purposes; which was ordered to the end the following: of Agriculture may modify an order issued under section 8c of the Agricultural Adjust- lie on the table; as follows: ‘‘(M) OBLIGATION OF CERTAIN MILK PRO- ment Act (7 U.S.C. 608c), reenacted with At the appropriate place in the bill, insert: DUCERS AND HANDLERS TO POOL MILK.— amendments by the Agricultural Marketing SEC. SENSE OF THE SENATE REGARDING THE ‘‘(i) DEFINITION OF COVERED PRODUCER OR Agreement Act of 1937, to implement the CONTINUATION OF AMTRAK SERVICE.—It is the HANDLER.— amendment made by paragraph (1) by pro- Sense of the Senate that the conferees on ‘‘(I) IN GENERAL.—In this subparagraph, the this joint resolution should approve the full term ‘covered producer or handler’ means a mulgating regulations, without regard to $1,200,000,000 included in the Senate version producer-handler, producer operating as a sections 556 and 557 of title 5, United States of this resolution for Grants to the National handler, or handler of Class I milk prod- Code. Railroad Passenger Corporation (Amtrak) so ucts— SA 144. Mr. SANTORUM submitted as to ensure the continuation of passenger ‘‘(aa) a plant of which is located within the rail service along Amtrak’s national pas- boundaries of a marketing area (as those an amendment intended to be proposed senger rail network, including the Northeast boundaries are in effect as of the date of en- by him to the joint resolution H.J. Res. Corridor, for the remainder of the current actment of this subparagraph) and covered 2, making further continuing appro- fiscal year. by an order issued pursuant to this para- priations for the fiscal year 2003, and graph; for other purposes; which was ordered SA 142. Mr. REID submitted an ‘‘(bb) that has packaged fluid milk product to lie on the table; as follows: amendment intended to be proposed by dispositions, or sales of packaged fluid milk On page 311, line 7, before the period at the him to the joint resolution H.J. Res. 2, products to other plants, in a milk mar- end insert the following: ‘‘Provided further, making further continuing appropria- keting area located in a State that enforces That, notwithstanding any other provision tions for the fiscal year 2003, and for minimum prices to handlers for milk pur- of law, the funds under this heading that are chases; and available for efforts relating to the treat- other purposes; which was ordered to ‘‘(cc) that is not otherwise obligated by an lie on the table; as follows: ment and prevention of HIV/AIDS shall also order under this paragraph, or a regulated include family preservation efforts carried On page 80, between lines 3 and 4, insert milk pricing plan operated by a State, to pay out through programs and initiatives that the following: minimum class prices for the raw milk pre- are designed to maintain and preserve the SEC. 7ll. RESTORATION OF FISH, WILDLIFE, sented by those milk dispositions or sales. families of those persons afflicted with HIV/ AND ASSOCIATED HABITATS IN WA- ‘‘(II) EXCLUSIONS.—The term ‘covered pro- AIDS and to reduce the numbers of orphans TERSHEDS OF CERTAIN LAKES. ducer or handler’ does not include— created by HIV/AIDS’’. (a) IN GENERAL.—In carrying out section ‘‘(aa) a handler that operates an exempt 2507 of Public Law 107–171, the Secretary of plant (as defined in section 1000.8(e) of title 7, SA 145. Ms. SNOWE submitted an the Interior, acting through the Commis- Code of Federal Regulations (as in effect on amendment intended to be proposed by sioner of Reclamation, shall— the date of enactment of this subparagraph)); her to the joint resolution H.J. Res. 2, (1) subject to paragraph (3), provide water or and assistance under that section only for ‘‘(bb) a producer-handler that has route making further continuing appropria- the Pyramid, Summit, and Walker Lakes in dispositions, and sales to other plants, of tions for the fiscal year 2003, and for the State of Nevada; packaged fluid milk products equaling less other purposes; which was ordered to (2) use $1,000,000 to provide a grant to the than 6,000,000 pounds of milk in any 30-day lie on the table; as follows; Walker River Paiute Tribe for the creation period.** On page 1047, between lines 19 and 20, insert of a fish hatchery at Walker Lake; and ‘‘(ii) REQUIREMENT.—Notwithstanding any the following: (3) use $2,000,000 to provide grants, to be di- other provision of this subsection and with- SEC. 404. (a) EXTENDING AVAILABILITY OF vided equally, to the State of Nevada, the out limiting the authority of the Secretary SCHIP ALLOTMENTS FOR FISCAL YEARS 1998 State of California, the Truckee Meadows to otherwise regulate a noncovered producer THROUGH 2001.— Water Authority, and the Pyramid Lake Pai- or handler, a covered producer or handler (1) RETAINED AND REDISTRIBUTED ALLOT- ute Tribe, to implement the Truckee River shall be subject to all minimum price re- MENTS FOR FISCAL YEARS 1998 AND 1999.—Para- Operating Agreement. quirements of the Federal milk marketing graphs (2)(A)(i) and (2)(A)(ii) of section (b) RESTORATION OF LAKES.—Notwith- order in which the plant of the covered pro- 2104(g) of the Social Security Act (42 U.S.C. standing any other provision of law, the Sec- ducer or handler is located, at Federal order 1397dd(g)) are each amended by striking ‘‘fis- retary of the Interior, acting through the class prices for the county in which the plant cal year 2002’’ and inserting ‘‘fiscal year Commissioner of Reclamation, may take ac- is located.’’. 2004’’. tions or initiate programs that will provide (b) EXEMPTION OF MILK HANDLERS FROM (2) EXTENSION AND REVISION OF RETAINED additional water to Pyramid, Summit, and MINIMUM PRICE REQUIREMENTS.—Section AND REDISTRIBUTED ALLOTMENTS FOR FISCAL Walker Lakes in the State of Nevada— 8c(5) of the Agricultural Adjustment Act (7 YEAR 2000.—

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1271

(A) PERMITTING AND EXTENDING RETENTION (ii) by adding at the end of subparagraph (b) AUTHORITY FOR QUALIFYING STATES TO OF PORTION OF FISCAL YEAR 2000 ALLOTMENT.— (A) the following: USE PORTION OF SCHIP FUNDS FOR MEDICAID Paragraph (2) of such section 2104(g) is ‘‘(iv) FISCAL YEAR 2001 ALLOTMENT.—Of the EXPENDITURES.—Section 2105 of the Social amended— amounts allotted to a State pursuant to this Security Act (42 U.S.C. 1397ee) is amended by (i) in the heading, by striking ‘‘AND 1999’’ section for fiscal year 2001 that were not ex- adding at the end the following: and inserting ‘‘THROUGH 2000’’; and pended by the State by the end of fiscal year (ii) by adding at the end of subparagraph 2003, 50 percent of that amount shall remain ‘‘(g) AUTHORITY FOR QUALIFYING STATES TO (A) the following: available for expenditure by the State USE CERTAIN FUNDS FOR MEDICAID EXPENDI- ‘‘(iii) FISCAL YEAR 2000 ALLOTMENT.—Of the through the end of fiscal year 2005.’’. TURES.— amounts allotted to a State pursuant to this (B) REDISTRIBUTED ALLOTMENTS.—Para- ‘‘(1) STATE OPTION.— section for fiscal year 2000 that were not ex- graph (1) of such section 2104(g), as amended ‘‘(A) IN GENERAL.—Notwithstanding any pended by the State by the end of fiscal year in paragraph (2)(B), is further amended— other provision of law, with respect to allot- 2002, 50 percent of that amount shall remain (i) in subparagraph (A), by inserting ‘‘or ments for fiscal years 1998, 1999, 2000, 2001, for available for expenditure by the State for fiscal year 2001 by the end of fiscal year fiscal years in which such allotments are through the end of fiscal year 2004.’’. 2003,’’ after ‘‘fiscal year 2002,’’; available under subsections (e) and (g) of sec- (B) REDISTRIBUTED ALLOTMENTS.—Para- (ii) in subparagraph (A), by striking ‘‘1999, tion 2104, a qualifying State (as defined in graph (1) of such section 2104(g) is amended— or 2000’’ and inserting ‘‘1999, 2000, or 2001’’; paragraph (2)) may elect to use not more (i) in subparagraph (A), by inserting ‘‘or (iii) in subparagraph (A)(i)— than 20 percent of such allotments (instead for fiscal year 2000 by the end of fiscal year (I) by striking ‘‘or’’ at the end of subclause of for expenditures under this title) for pay- 2002,’’ after ‘‘fiscal year 2001,’’; (II), ments for such fiscal year under title XIX in (ii) in subparagraph (A), by striking ‘‘1998 (II) by striking the period at the end of accordance with subparagraph (B). or 1999’’ and inserting ‘‘1998, 1999, or 2000’’; subclause (III) and inserting ‘‘; or’’; and ‘‘(B) PAYMENTS TO STATES.— (iii) in subparagraph (A)(i)— (III) by adding at the end the following new ‘‘(i) IN GENERAL.—In the case of a quali- (I) by striking ‘‘or’’ at the end of subclause subclause: fying State that has elected the option de- (I), ‘‘(IV) the fiscal year 2001 allotment, the scribed in subparagraph (A), subject to the (II) by striking the period at the end of total amount of funds described with respect subclause (II) and inserting ‘‘; or’’; and amount specified in subparagraph (D)(i) (less to the State in subparagraph (A), the Sec- (III) by adding at the end the following new the total of the amounts under clause (ii) for subclause: such fiscal year), multiplied by the ratio of retary shall pay the State an amount each ‘‘(III) the fiscal year 2000 allotment, the the amount specified in subparagraph (D)(ii) quarter equal to the additional amount that amount specified in subparagraph (C)(i) (less for the State to the amount specified in sub- would have been paid to the State under title the total of the amounts under clause (ii) for paragraph (D)(iii).’’; XIX for expenditures of the State for the fis- such fiscal year), multiplied by the ratio of (iv) in subparagraph (A)(ii), by striking ‘‘or cal year described in clause (ii) if the en- the amount specified in subparagraph (C)(ii) 2000’’ and inserting ‘‘2000, or 2001’’; hanced FMAP (as determined under sub- for the State to the amount specified in sub- (v) in subparagraph (B)— section (b)) had been substituted for the Fed- paragraph (C)(iii).’’; (I) by striking ‘‘and’’ at the end of clause eral medical assistance percentage (as de- (iv) in subparagraph (A)(ii), by striking ‘‘or (ii); fined in section 1905(b)) of such expenditures. 1999’’ and inserting ‘‘, 1999, or 2000’’; (II) by redesignating clause (iii) as clause ‘‘(ii) EXPENDITURES DESCRIBED.—For pur- (v) in subparagraph (B), by striking ‘‘with (iv); and poses of clause (i), the expenditures de- respect to fiscal year 1998 or 1999’’; (III) by inserting after clause (ii) the fol- scribed in this clause are expenditures for (vi) in subparagraph (B)(ii)— lowing new clause: such fiscal years for providing medical as- (I) by inserting ‘‘with respect to fiscal year ‘‘(iii) notwithstanding subsection (e), with sistance under title XIX to individuals who 1998, 1999, or 2000,’’ after ‘‘subsection (e),’’; respect to fiscal year 2001, shall remain have not attained age 19 and whose family and available for expenditure by the State income exceeds 150 percent of the poverty (II) by striking ‘‘2002’’ and inserting ‘‘2004’’; through the end of fiscal year 2005; and’’; and line. and (vi) by adding at the end the following new ‘‘(2) QUALIFYING STATE.—In this subsection, (vii) by adding at the end the following subparagraph: the term ‘qualifying State’ means a State new subparagraph: ‘‘(D) AMOUNTS USED IN COMPUTING REDIS- that— ‘‘(C) AMOUNTS USED IN COMPUTING REDIS- TRIBUTIONS FOR FISCAL YEAR 2001.—For pur- ‘‘(A) as of April 15, 1997, has an income eli- TRIBUTIONS FOR FISCAL YEAR 2000.—For purposes of subparagraph (A)(i)(IV)— gibility standard with respect to any 1 or poses of subparagraph (A)(i)(III)— ‘‘(i) the amount specified in this clause is more categories of children (other than in- ‘‘(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) fants) who are eligible for medical assistance the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2001, less the total amount re- under section 1902(a)(10)(A) or under a waiver for fiscal year 2000, less the total amount remaining available pursuant to paragraph under section 1115 implemented on January maining available pursuant to paragraph (2)(A)(iv); 1, 1994, that is up to 185 percent of the pov- (2)(A)(iii); ‘‘(ii) the amount specified in this clause for erty line or above; and ‘‘(ii) the amount specified in this clause for a State is the amount by which the State’s ‘‘(B) satisfies the requirements described a State is the amount by which the State’s expenditures under this title in fiscal years in paragraph (3). expenditures under this title in fiscal years 2001, 2002, and 2003 exceed the State’s allot- ‘‘(3) REQUIREMENTS.—The requirements de- 2000, 2001, and 2002 exceed the State’s allotment for fiscal year 2001 under subsection scribed in this paragraph are the following: ment for fiscal year 2000 under subsection (b); and ‘‘(A) SCHIP INCOME ELIGIBILITY.—The State (b); and ‘‘(iii) the amount specified in this clause is has a State child health plan that (whether ‘‘(iii) the amount specified in this clause is the sum, for all States entitled to a redis- implemented under title XIX or this title)— the sum, for all States entitled to a redis- tribution under subparagraph (A) from the ‘‘(i) as of January 1, 2001, has an income tribution under subparagraph (A) from the allotments for fiscal year 2001, of the eligibility standard that is at least 200 per- allotments for fiscal year 2000, of the amounts specified in clause (ii).’’. cent of the poverty line or has an income eli- amounts specified in clause (ii).’’. (C) CONFORMING AMENDMENTS.—Such sec- gibility standard that exceeds 200 percent of (C) CONFORMING AMENDMENTS.—Such section 2104(g) is further amended— the poverty line under a waiver under section 2104(g) is further amended— (i) in its heading, by striking ‘‘AND 2000’’ tion 1115 that is based on a child’s lack of (i) in its heading, by striking ‘‘AND 1999’’ and inserting ‘‘2000, AND 2001’’; and health insurance; and inserting ‘‘, 1999, AND 2000’’; and (ii) in paragraph (3)— ‘‘(ii) subject to subparagraph (B), does not (ii) in paragraph (3)— (I) by striking ‘‘or fiscal year 2000’’ and in- limit the acceptance of applications for chil- (I) by striking ‘‘or fiscal year 1999’’ and inserting ‘‘fiscal year 2000, or fiscal year 2001’’; dren; and serting ‘‘, fiscal year 1999, or fiscal year and ‘‘(iii) provides benefits to all children in 2000’’; and (II) by striking ‘‘or November 30, 2002,’’ and the State who apply for and meet eligibility (II) by striking ‘‘or November 30, 2001’’ and inserting ‘‘November 30, 2002, or November standards on a statewide basis. inserting ‘‘November 30, 2001, or November 30, 2003,’’, respectively. ‘‘(B) NO WAITING LIST IMPOSED.—With re- 30, 2002’’, respectively. (4) EFFECTIVE DATE.—This subsection, and spect to children whose family income is at (3) EXTENSION AND REVISION OF RETAINED the amendments made by this subsection, or below 200 percent of the poverty line, the AND REDISTRIBUTED ALLOTMENTS FOR FISCAL shall be effective as if this subsection had State does not impose any numerical limita- YEAR 2001.— been enacted on September 30, 2002, and tion, waiting list, or similar limitation on (A) PERMITTING AND EXTENDING RETENTION amounts under title XXI of the Social Secu- the eligibility of such children for child OF PORTION OF FISCAL YEAR 2001 ALLOTMENT.— rity Act (42 U.S.C. 1397aa et seq.) from allot- health assistance under such State plan. Paragraph (2) of such section 2104(g), as ments for fiscal years 1998 through 2000 are ‘‘(C) ADDITIONAL REQUIREMENTS.—The amended in paragraph (2)(A)(ii), is further available for expenditure on and after Octo- State has implemented at least 4 of the fol- amended— ber 1, 2002, under the amendments made by lowing policies and procedures (relating to (i) in the heading, by striking ‘‘2000’’ and in- this subsection as if this subsection had been coverage of children under title XIX and this serting ‘‘2001’’; and enacted on September 30, 2002. title):

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1272 CONGRESSIONAL RECORD — SENATE January 21, 2003 ‘‘(i) UNIFORM, SIMPLIFIED APPLICATION SA 150. Ms. MURKOWSKI (for herself Appropriations Act, 2003 (Public Law 107–248) FORM.—With respect to children who are eli- and Mr. STEVENS) submitted an amend- for Ballistic Missile Defense Technology, gible for medical assistance under section ment intended to be proposed by her to $4,000,000 shall be available for a Phase III 1902(a)(10)(A), the State uses the same uni- the joint resolution H.J. Res. 2, making Small Business Innovation Research (SBIR) form, simplified application form (including, program that is based on the Missile Defense if applicable, permitting application other further continuing appropriations for Agency’s Phase II Small Business Innovation than in person) for purposes of establishing the fiscal year 2003, and for other pur- Research (SBIR) program for the use of an eligibility for benefits under title XIX and poses; which was ordered to lie on the open atmosphere vapor deposition process this title. table; as follows: for frequency adaptive electronics and high- ‘‘(ii) ELIMINATION OF ASSET TEST.—The On page 432, line 10 after ‘‘expended:’’ in- density memory storage. State does not apply any asset test for eligi- sert the following: bility under section 1902(l) or this title with ‘‘Provided, That subsection (t) of P.L. 93– SA 153. Mr. VOINOVICH submitted respect to children. 153 is amended hereinafter in the first sen- an amendment intended to be proposed ‘‘(iii) ADOPTION OF 12-MONTH CONTINUOUS EN- tence by inserting ‘‘or renew or extend’’ be- by him to the joint resolution H.J. Res. ROLLMENT.—The State provides that eligi- fore ‘‘any’’ the first place it appears and by 2, making further continuing appro- bility shall not be regularly redetermined inserting ‘‘on or’’ before ‘‘before:’’. priations for the fiscal year 2003, and more often than once every year under this title or for children described in section SA 151. Ms. MURKOWSKI submitted for other purposes; which was ordered 1902(a)(10)(A). an amendment intended to be proposed to lie on the table; as follows: ‘‘(iv) SAME VERIFICATION AND REDETERMINA- by her to the joint resolution H.J. Res. At the appropriate place, insert the TION POLICIES; AUTOMATIC REASSESSMENT OF 2, making further continuing appro- followimg: ELIGIBILITY.—With respect to children who priations for the fiscal year 2003, and DIVISION ll—REFORM RELATING TO are eligible for medical assistance under sec- FEDERAL EMPLOYMENT tion 1902(a)(10)(A), the State provides for ini- for other purposes; which was ordered ll tial eligibility determinations and redeter- to lie on the table; as follows: SEC. . SHORT TITLE; TABLE OF CONTENTS. minations of eligibility using the same At the appropriate place in the bill insert (a) SHORT TITLE.—This division may be verification policies (including with respect the following new section: cited as the ‘‘Federal Workforce Flexibility Act of 2003’’. to face-to-face interviews), forms, and fre- ‘‘SEC. . CLARIFICATION OF ALASKA NATIVE SET- (b) TABLE OF CONTENTS.—The table of con- quency as the State uses for such purposes TLEMENT TRUSTS. under this title, and, as part of such redeter- ‘‘(A) Section of P.L. (43 U.S.C. 1629b) is tents of this division is as follows: minations, provides for the automatic reas- amended: DIVISION ll—REFORM RELATING TO sessment of the eligibility of such children ‘‘(1) at subsection (d)(1) by striking ‘‘An’’ FEDERAL EMPLOYMENT for assistance under title XIX and this title. and inserting in its place ‘‘Except as other- Sec. ll. Short title; table of contents. ‘‘(v) OUTSTATIONING ENROLLMENT STAFF.— wise set forth in subsection (d)(3) of this sec- TITLE I—FEDERAL HUMAN RESOURCES The State provides for the receipt and initial tion, an’’; MANAGEMENT INNOVATIONS processing of applications for benefits under ‘‘(2) by creating the following new sub- this title and for children under title XIX at section: Sec. 101. Streamlined personnel manage- facilities defined as disproportionate share ‘‘(d)(3) A resolution described in subsection ment demonstration projects. hospitals under section 1923(a)(1)(A) and Fed- (a)(3) of this section shall be considered to be Sec. 102. Effective date. erally-qualified health centers described in approved by the shareholders of a Native TITLE II—REFORMS RELATING TO FED- section 1905(l)(2)(B) consistent with section Corporation if it receives the affirmative ERAL HUMAN CAPITAL MANAGEMENT vote of shares representing— 1902(a)(55).’’. Sec. 201. Recruitment, relocation, and reten- ‘‘(A) a majority of the shares present or tion bonuses. represented by proxy at the meeting relating SA 146. Mr. MCCAIN submitted an Sec. 202. Streamlined critical pay authority. amendment intended to be proposed by to such resolution, or ‘‘(B) an amount of shares greater than a TITLE III—REFORMS RELATING TO FED- him to the joint resolution H.J. Res. 2, ERAL EMPLOYEE CAREER DEVELOP- making further continuing appropria- majority of the shares present or represented by proxy at the meeting relating to such res- MENT AND BENEFITS tions for the fiscal year 2003, and for olution (but not greater than two-thirds of Sec. 301. Agency training. other purposes; which was ordered to the total voting power of the corporation) if Sec. 302. Annual leave enhancements. lie on the table; as follows: the corporation establishes such a level by TITLE I—FEDERAL HUMAN RESOURCES On page 720, beginning in line 5, strike an amendment to its articles of incorpora- MANAGEMENT INNOVATIONS ‘‘Provided further, That none of the funds pro- tion.’’; vided in this Act shall be available to com- ‘‘(3) by creating the following new sub- SEC. 101. STREAMLINED PERSONNEL MANAGE- MENT DEMONSTRATION PROJECTS. pensate in excess of 37 active duty flag offi- section: cer billets:’’. ‘‘(f) Substantially all of the assets. For Chapter 47 of title 5, United States Code, is purposes of this section and section 1629e of amended— SA 147. Mr. MCCAIN submitted an this title, a Native Corporation shall be con- (1) in section 4701— amendment intended to be proposed by sidered to be transferring all or substantially (A) in subsection (a)— him to the joint resolution H.J. Res. 2, all of its assets to a Settlement Trust only if (i) by striking ‘‘(a)’’; making further continuing appropria- such assets represent two-thirds or more of (ii) by striking paragraph (1) and inserting tions for the fiscal year 2003, and for the fair market value of the Native Corpora- the following: tion’s total assets. ‘‘(1) ‘agency’ means an Executive agency other purposes; which was ordered to and any entity that is subject to any provi- lie on the table; as follows: ‘‘(B) Section of P.L. (43 U.S.C. 1629e) is amended by striking subsection (B) and in- sion of this title that could be waived under On page 136, beginning with line 10, strike serting in its place the following: section 4703, but does not include— through line 22. ‘‘(B) shall give rise to dissenters rights to ‘‘(A) the Federal Bureau of Investigation, the extent provided under the laws of the the Central Intelligence Agency, the Defense SA 148. Mr. MCCAIN submitted an State only if: Intelligence Agency, the National Imagery amendment intended to be proposed by ‘‘(i) the rights of beneficiaries in the Set- and Mapping Agency, the National Security him to the joint resolution H.J. Res. 2, tlement Trust receiving a conveyance are in- Agency, and, as determined by the President, making further continuing appropria- alienable; and any Executive agency or unit thereof which tions for the fiscal year 2003, and for ‘‘(ii) a shareholder vote on such transfer is is designated by the President and which has other purposes; which was ordered to required by (a)(4) of section 1629b of this as its principal function the conduct of for- lie on the table; as follows: title.’’ eign intelligence or counterintelligence ac- On page 126, beginning with line 8, strike tivities; or through line 12. SA 152. Mr. CHAMBLISS submitted ‘‘(B) the General Accounting Office;’’; an amendment intended to be proposed (iii) in paragraph (4), by striking ‘‘and’’ at SA 149. Mr. MCCAIN submitted an by him to the joint resolution H.J. Res. the end; amendment intended to be proposed by 2, making further continuing appro- (iv) by redesignating paragraph (5) as para- him to the joint resolution H.J. Res. 2, graph (6); and priations for the fiscal year 2003, and (v) by inserting after paragraph (4) the fol- making further continuing appropria- for other purposes; which was ordered lowing: tions for the fiscal year 2003, and for to lie on the table; as follows: ‘‘(5) ‘modification’ means a significant other purposes; which was ordered to On page 1026, after line 22, add the fol- change in 1 or more of the elements of a lie on the table; as follows: lowing: demonstration project plan as described in On page 137, beginning with line 11, strike SEC. . Of the total amount appropriated section 4703(b)(1); and’’; and through line 15. under title IV of the Department of Defense (B) by striking subsection (b); and

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1273 (2) in section 4703— ‘‘(e) The Office may terminate a dem- ‘‘(ii) the amount of the bonus; (A) in subsection (a)— onstration project under this chapter if the ‘‘(iii) the method of payment; and (i) by striking ‘‘conduct and evaluate dem- Office determines that the project— ‘‘(iv) other terms and conditions under onstration projects’’ and inserting ‘‘conduct, ‘‘(1) is not consistent with merit system which the bonus is payable, subject to sub- modify, and evaluate demonstration principles set forth in section 2301, veterans’ sections (d) and (e) and regulations of the Of- projects’’; preference principles, or the provisions of fice. (ii) by striking ‘‘, including any law or reg- this chapter; or ‘‘(B) The terms and conditions for paying a ulation relating to—’’ and all that follows ‘‘(2) otherwise imposes a substantial hard- bonus, as specified in the service agreement, and inserting a period; and ship on, or is not in the best interests of, the shall include— (iii) by adding at the end the following: public, the Government, employees, or eligi- ‘‘(i) the conditions under which the agree- ‘‘The decision to initiate or modify a project bles.’’; and ment may be terminated before the agreed- under this section shall be made by the Of- (E) by striking subsections (h) and (i) and upon service period has been completed; and fice.’’; inserting the following: ‘‘(ii) the effect of the termination. (B) by striking subsection (b) and inserting ‘‘(h) Notwithstanding section 2302(e)(1), for ‘‘(3) The agreement shall be made effective the following: purposes of applying section 2302(b)(11) in a upon employment with the agency or movement to a new position or geographic area, ‘‘(b) Before conducting or entering into demonstration project under this chapter, as applicable, except that a service agree- any agreement or contract to conduct a dem- the term ‘veterans’ preference requirement’ ment with respect to a recruitment bonus onstration project, the Office shall ensure— means any of the specific provisions of the may be made effective at a later date under ‘‘(1) that each project has a plan which de- demonstration project plan that are designed circumstances described in regulations of scribes— to ensure that the project is consistent with the Office, such as when there is an initial ‘‘(A) its purpose; veterans’ preference principles. period of formal basic training. ‘‘(B) the employees to be covered; ‘‘(i) The Office shall ensure that each dem- ‘‘(d)(1) Except as provided in subsection (e), ‘‘(C) its anticipated outcomes and resource onstration project is evaluated. Each evalua- a bonus under this section shall not exceed implications, including how the project re- tion shall assess— 25 percent of the annual rate of basic pay of lates to carrying out the agency’s strategic ‘‘(1) the project’s compliance with the plan the employee at the beginning of the service plan, including meeting performance goals developed under subsection (b)(1); and period multiplied by the number of years (or and objectives, and accomplishing its mis- ‘‘(2) the project’s impact on improving pub- fractions thereof) in the service period, not sion; lic management. to exceed 4 years. ‘‘(D) the personnel policies and procedures ‘‘(j) Upon request of the Director of the Of- ‘‘(2) A bonus under this section may be the project will use that differ from those fice of Personnel Management, agencies paid as an initial lump sum, in installments, otherwise available and applicable, including shall cooperate with and assist the Office in as a final lump sum upon the completion of a specific citation of any provisions of law, any evaluation undertaken under subsection the full service period, or in a combination rule, or regulation to be waived and a spe- (i) and provide the Office with requested in- of these forms of payment. cific description of any contemplated action formation and reports relating to the con- ‘‘(3) A bonus under this section is not part for which there is a lack of specific author- ducting of demonstration projects in their of the basic pay of an employee for any pur- ity; respective agencies.’’. SEC. 102. EFFECTIVE DATE. pose. ‘‘(E) the method of evaluating the project; ‘‘(4) Under regulations of the Office, a re- and This title shall take effect 180 days after the date of enactment of this Act. cruitment bonus under this section may be ‘‘(F) the agency’s system for ensuring that paid to an eligible individual before that in- the project is implemented in a manner con- TITLE II—REFORMS RELATING TO dividual enters on duty. sistent with merit system principles; FEDERAL HUMAN CAPITAL MANAGEMENT ‘‘(e) The Office may authorize the head of ‘‘(2) notification of the proposed project to SEC. 201. RECRUITMENT, RELOCATION, AND RE- an agency to waive the limitation under sub- employees who are likely to be affected by TENTION BONUSES. section (d)(1) based on a critical agency need, the project; (a) BONUSES.— subject to regulations prescribed by the Of- ‘‘(3) an appropriate comment period; (1) IN GENERAL.—Chapter 57 of title 5, fice. Under such a waiver, the amount of the ‘‘(4) publication of the final plan in the United States Code, is amended by striking bonus may be up to 50 percent of the employ- Federal Register; sections 5753 and 5754 and inserting the fol- ee’s annual rate of basic pay at the begin- ‘‘(5) notification of the final project at lowing: ning of the service period multiplied by the least 90 days in advance of the date any number of years (or fractions thereof) in the project proposed under this section is to take ‘‘§ 5753. Recruitment and relocation bonuses ‘‘(a) In this section, the term ‘employee’ service period, not to exceed 100 percent of effect to employees who are likely to be af- the employee’s annual rate of basic pay at fected by the project; has the meaning given that term under section 2105, except that such term also includes the beginning of the service period. ‘‘(6) publication of any subsequent modi- ‘‘(f) The Office shall require that, before fication in the Federal Register; and an employee described under subsection (c) of that section. paying a bonus under this section, an agency ‘‘(7) notification of any subsequent modi- shall establish a plan for paying recruitment fication to employees who are included in ‘‘(b)(1) The Office of Personnel Manage- ment may authorize the head of an agency to bonuses and a plan for paying relocation bo- the project.’’; nuses, subject to regulations prescribed by (C) in subsection (c)— pay a bonus to an individual appointed or moved to a position that is likely to be dif- the Office. (i) by striking paragraph (1) and inserting ‘‘(g) The Office may prescribe regulations the following: ficult to fill in the absence of such a bonus, if the individual— to carry out this section, including regula- ‘‘(1) any provision of chapter 63 or subpart tions relating to the repayment of a recruit- G of part III of this title;’’; ‘‘(A)(i) is newly appointed as an employee of the Federal Government; or ment or relocation bonus in appropriate cir- (ii) by redesignating paragraphs (4) and (5) cumstances when the agreed-upon service pe- as paragraphs (6) and (7), respectively; ‘‘(ii) is currently employed by the Federal Government and moves to a new position in riod has not been completed. (iii) by inserting after paragraph (3) the ‘‘(h)(1) At the request of the head of an Ex- the same geographic area under cir- following: ecutive agency, the Office may extend cov- cumstances described in regulations of the ‘‘(4) section 7342, 7351, or 7353; erage under this section to categories of em- Office; or ‘‘(5) the Ethics in Government Act of 1978 ployees within the agency who otherwise ‘‘(B) is currently employed by the Federal (5 U.S.C. App.);’’; and would not be covered by this section. Government and must relocate to accept a (iv) in paragraph (6) as redesignated, by ‘‘(2) The Office shall not extend coverage to position stationed in a different geographic striking ‘‘paragraph (1), (2), or (3) of this sub- the head of an Executive agency, including area. section; or’’ and inserting ‘‘paragraphs (1) an Executive agency headed by a board or ‘‘(2) Except as provided by subsection (h), a through (5);’’; other collegial body composed of 2 or more bonus may be paid under this section only to (D) by striking subsections (d) and (e) and individual members. inserting the following: an employee covered by the General Sched- ule pay system established under subchapter ‘‘§ 5754. Retention bonuses ‘‘(d)(1) Unless terminated at an earlier date III of chapter 53. ‘‘(a) In this section, the term ‘employee’ in accordance with this section, each dem- ‘‘(c)(1) Payment of a bonus under this sec- has the meaning given that term under sec- onstration project shall terminate at the end tion shall be contingent upon the employee tion 2105, except that such term also includes of the 10-year period beginning on the date entering into a written service agreement to an employee described in subsection (c) of on which the project takes effect. complete a period of employment with the that section. ‘‘(2) Before the end of the 5-year period be- agency, not to exceed 4 years. The Office ‘‘(b) The Office of Personnel Management ginning on the date on which a demonstra- may, by regulation, prescribe a minimum may authorize the head of an agency to pay tion project takes effect, the Office shall service. a retention bonus to an employee, subject to submit a recommendation to Congress on ‘‘(2)(A) The agreement shall include— regulations prescribed by the Office, if— whether Congress should enact legislation to ‘‘(i) the length of the required service pe- ‘‘(1) the unusually high or unique qualifica- make that project permanent. riod; tions of the employee or a special need of the

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1274 CONGRESSIONAL RECORD — SENATE January 21, 2003 agency for the employee’s services makes it ‘‘(3) A retention bonus is not part of the and Budget before making any decision to essential to retain the employee; and basic pay of an employee for any purpose. grant or terminate any authority under this ‘‘(2) the agency determines that, in the ab- ‘‘(g) Upon the request of the head of an section.’’; and sence of a retention bonus, the employee agency, the Office may waive the limit es- (4) in subsection (h), by striking ‘‘The Of- would be likely to leave— tablished under subsection (f)(1) and permit fice of Management and Budget shall report ‘‘(A) the Federal service; or the agency head to pay an otherwise eligible to the Committee on Post Office and Civil ‘‘(B) for a different position in the Federal employee or category of employees retention Service’’ and inserting ‘‘The Office of Per- service under conditions described in regula- bonuses of up to 50 percent of basic pay, sonnel Management shall report to the Com- tions of the Office. based on a critical agency need. mittee on Government Reform.’’. ‘‘(c) The Office may authorize the head of ‘‘(h) The Office shall require that, before TITLE III—REFORMS RELATING TO FED- an agency to pay retention bonuses to a paying a bonus under this section, an agency ERAL EMPLOYEE CAREER DEVELOP- group of employees in 1 or more categories of shall establish a plan for paying retention MENT AND BENEFITS positions in 1 or more geographic areas, sub- bonuses, subject to regulations prescribed by SEC. 301. AGENCY TRAINING. ject to the requirements of subsection (b)(1) the Office. (a) TRAINING TO ACCOMPLISH PERFORMANCE and regulations prescribed by the Office, if ‘‘(i) The Office may prescribe regulations PLANS AND STRATEGIC GOALS.—Section 4103 there is a high risk that a significant portion to carry out this section. of title 5, United States Code, is amended by of employees in the group would be likely to ‘‘(j)(1) At the request of the head of an Ex- adding at the end the following: leave in the absence of retention bonuses. ecutive agency, the Office may extend cov- ‘‘(d) Except as provided in subsection (j), a ‘‘(c) The head of each agency shall— erage under this section to categories of em- ‘‘(1) evaluate each program or plan estab- bonus may be paid only to an employee cov- ployees within the agency who otherwise ered by the General Schedule pay system es- lished, operated, or maintained under sub- would not be covered by this section. section (a) with respect to accomplishing tablished under subchapter III of chapter 53. ‘‘(2) The Office shall not extend coverage ‘‘(e)(1) Payment of a retention bonus is specific performance plans and strategic under this section to the head of an Execu- contingent upon the employee entering into goals in performing the agency mission; and tive agency, including an Executive agency a written service agreement with the agency ‘‘(2) modify such program or plan to ac- headed by a board or other collegial body to complete a period of employment with the complish such plans and goals.’’. composed of 2 or more individual members.’’. agency. (b) AGENCY TRAINING OFFICER; SPECIFIC (2) TECHNICAL AND CONFORMING AMEND- ‘‘(2)(A) The agreement shall include— TRAINING PROGRAMS.— MENT.—The table of sections for chapter 57 of ‘‘(i) the length of the required service pe- (1) IN GENERAL.—Chapter 41 of title 5, riod; title 5, United States Code, is amended by United States Code, is amended by adding ‘‘(ii) the amount of the bonus; striking the item relating to section 5754 and after section 4119 the following: inserting the following: ‘‘(iii) the method of payment; and ‘‘§ 4120. Agency training officer ‘‘5754. Retention bonuses.’’. ‘‘(iv) other terms and conditions under ‘‘Each agency shall appoint or designate a (b) RELOCATION PAYMENTS.—Section 407 of which the bonus is payable, subject to sub- training officer who shall be responsible for the Federal Employees Pay Comparability sections (f) and (g) and regulations of the Of- developing, coordinating, and administering Act of 1990 (5 U.S.C. 5305 note; 104 Stat. 1467) fice. training for the agency. ‘‘(B) The terms and conditions for paying a is repealed. bonus, as specified in the service agreement, (c) EFFECTIVE DATE AND APPLICATION.— ‘‘§ 4121. Specific training programs shall include— (1) EFFECTIVE DATE.—Except as provided ‘‘In consultation with the Office of Per- ‘‘(i) the conditions under which the agree- under paragraphs (2) and (3), this section sonnel Management, each head of an agency ment may be terminated before the agreed- shall take effect on the first day of the first shall establish— upon service period has been completed; and applicable pay period beginning on or after ‘‘(1) a comprehensive management succes- ‘‘(ii) the effect of the termination. 180 days after the date of enactment of this sion program to provide training to employ- ‘‘(3)(A) Notwithstanding paragraph (1), a Act. ees to develop managers for the agency; and written service agreement is not required if (2) APPLICATION TO AGREEMENTS.—A re- ‘‘(2) a program to provide training to man- the agency pays a retention bonus in bi- cruitment or relocation bonus service agree- agers on actions, options, and strategies a weekly installments and sets the installment ment that was authorized under section 5753 manager may use in— payment at the full bonus percentage rate of title 5, United States Code, before the ef- ‘‘(A) relating to employees with unaccept- established for the employee with no portion fective date under paragraph (1) shall con- able performances; and of the bonus deferred. tinue, until its expiration, to be subject to ‘‘(B) mentoring employees and improving ‘‘(B) If an agency pays a retention bonus in section 5753 as in effect on the day before employee performance and productivity.’’. accordance with subparagraph (A) and makes such effective date. (2) TECHNICAL AND CONFORMING AMEND- a determination to terminate the payments, (3) APPLICATION TO ALLOWANCES.—Payment MENT.—The table of sections for chapter 41 of the agency shall provide written notice to of a retention allowance that was authorized title 5, United States Code, is amended by the employee of that determination. Except under section 5754 of title 5, United States adding at the end the following: as provided in regulations of the Office, the Code, before the effective date under para- ‘‘4120. Agency training officer. employee shall continue to be paid the reten- graph (1) shall continue, subject to section ‘‘4121. Specific training programs.’’. tion bonus through the end of the pay period 5754 as in effect on the day before such effec- SEC. 302. ANNUAL LEAVE ENHANCEMENTS. in which such written notice is provided. tive date, until the retention allowance is re- ‘‘(4) A retention bonus for an employee (a) ACCRUAL OF LEAVE FOR NEWLY HIRED authorized or terminated (but no longer than FEDERAL EMPLOYEES WITH QUALIFIED EXPE- may not be based on any period of such serv- 1 year after such effective date). ice which is the basis for a recruitment or re- RIENCE.— location bonus under section 5753. SEC. 202. STREAMLINED CRITICAL PAY AUTHOR- (1) IN GENERAL.—Section 6303 of title 5, ‘‘(f)(1) Except as provided in subsection (g), ITY. United States Code, is amended by adding at a retention bonus, which shall be stated as a Section 5377 of title 5, United States Code, the end the following: percentage of the employee’s basic pay for is amended— ‘‘(e)(1) In this subsection, the term ‘period the service period associated with the bonus, (1) by striking subsection (c) and inserting of qualified non-Federal service’ means any may not exceed— the following: equal period of service performed by an indi- ‘‘(A) 25 percent of the employee’s basic pay ‘‘(c) The Office of Personnel Management, vidual that— if paid under subsection (b); or in consultation with the Office of Manage- ‘‘(A) except for this subsection would not ‘‘(B) 10 percent of an employee’s basic pay ment and Budget, may, upon the request of otherwise be service performed by an em- if paid under subsection (c). the head of an agency, grant authority to fix ployee for purposes of subsection (a); and ‘‘(2) A retention bonus may be paid to an the rate of basic pay for 1 or more positions ‘‘(B) was performed in a position— employee in installments after completion of in such agency in accordance with this sec- ‘‘(i) the duties of which were directly re- specified periods of service or in a single tion.’’; lated to the duties of the position in an agen- lump sum at the end of the full period of (2) in subsection (e)(1), by striking ‘‘Office cy that such individual holds; and service required by the agreement. An in- of Management and Budget’’ and inserting ‘‘(ii) which meets such other conditions as stallment payment may not exceed the prod- ‘‘Office of Personnel Management’’; the Office of Personnel Management shall uct derived from multiplying the amount of (3) by striking subsections (f) and (g) and prescribe by regulation. basic pay earned in the installment period by inserting the following: ‘‘(2) For purposes of subsection (a), the a percentage not to exceed the bonus per- ‘‘(f) The Office of Personnel Management head of an agency may deem a period of centage rate established for the employee. If may not authorize the exercise of authority qualified non-Federal service performed by the installment payment percentage is less under this section with respect to more than an individual to be a period of service per- than the bonus percentage rate, the accrued 800 positions at any 1 time, of which not formed as an employee.’’. but unpaid portion of the bonus is payable as more than 30 may, at any such time, be posi- (2) EFFECTIVE DATE.—This section shall part of the final installment payment to the tions the rate of basic pay for which would take effect 120 days after the date of enact- employee after completion of the full service otherwise be determined under subchapter II. ment of this Act and shall only apply to an period under the terms of the service agree- ‘‘(g) The Office of Personnel Management individual hired on or after that effective ment. shall consult with the Office of Management date.

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(b) SENIOR EXECUTIVE SERVICE ANNUAL the same geographic area under cir- erage under this section to categories of em- LEAVE ENHANCEMENTS.— cumstances described in regulations of the ployees within the agency who otherwise (1) IN GENERAL.—Section 6303(a) of title 5, Office; or would not be covered by this section. United States Code, is amended— ‘‘(B) is currently employed by the Federal ‘‘(2) The Office shall not extend coverage to (A) in paragraph (2), by striking ‘‘and’’ at Government and must relocate to accept a the head of an Executive agency, including the end; position stationed in a different geographic an Executive agency headed by a board or (B) in paragraph (3), by striking the period area. other collegial body composed of 2 or more at the end and inserting ‘‘; and’’; and ‘‘(2) Except as provided by subsection (h), a individual members. (C) by adding after paragraph (3) the fol- bonus may be paid under this section only to ‘‘§ 5754. Retention bonuses lowing: an employee covered by the General Sched- ‘‘(a) In this section, the term ‘employee’ ‘‘(4) one day for each full biweekly pay pe- ule pay system established under subchapter has the meaning given that term under sec- riod for an employee in a position paid under III of chapter 53. tion 2105, except that such term also includes ‘‘(c)(1) Payment of a bonus under this sec- section 5376 or 5383, or for an employee in an an employee described in subsection (c) of tion shall be contingent upon the employee equivalent category for which the minimum that section. rate of basic pay is greater than the rate entering into a written service agreement to ‘‘(b) The Office of Personnel Management payable at GS–15, step 10.’’. complete a period of employment with the may authorize the head of an agency to pay (2) REGULATIONS.—Not later than 120 days agency, not to exceed 4 years. The Office a retention bonus to an employee, subject to after the date of enactment of this Act, the may, by regulation, prescribe a minimum regulations prescribed by the Office, if— Office of Personnel Management shall pre- service. ‘‘(1) the unusually high or unique qualifica- ‘‘(2)(A) The agreement shall include— scribe regulations to carry out the amend- tions of the employee or a special need of the ‘‘(i) the length of the required service pe- ments made by this subsection. agency for the employee’s services makes it riod; (3) EFFECTIVE DATES.— essential to retain the employee; and ‘‘(ii) the amount of the bonus; (A) IN GENERAL.—Paragraph (1) shall take ‘‘(2) the agency determines that, in the ab- ‘‘(iii) the method of payment; and effect 120 days after the date of enactment of sence of a retention bonus, the employee ‘‘(iv) other terms and conditions under this Act. would be likely to leave— which the bonus is payable, subject to sub- (B) REGULATIONS.—Paragraph (2) shall take ‘‘(A) the Federal service; or sections (d) and (e) and regulations of the Of- effect on the date of enactment of this Act. ‘‘(B) for a different position in the Federal fice. ‘‘(B) The terms and conditions for paying a service under conditions described in regula- SA 154. Mr. VOINOVICH submitted bonus, as specified in the service agreement, tions of the Office. ‘‘(c) The Office may authorize the head of an amendment intended to be proposed shall include— an agency to pay retention bonuses to a by him to the joint resolution H.J. Res. ‘‘(i) the conditions under which the agree- group of employees in 1 or more categories of 2, making further continuing appro- ment may be terminated before the agreed- positions in 1 or more geographic areas, sub- priations for the fiscal year 2003, and upon service period has been completed; and ject to the requirements of subsection (b)(1) ‘‘(ii) the effect of the termination. for other purposes; which was ordered and regulations prescribed by the Office, if to lie on the table; as follows: ‘‘(3) The agreement shall be made effective upon employment with the agency or move- there is a high risk that a significant portion At the appropriate place, insert the ment to a new position or geographic area, of employees in the group would be likely to followimg: as applicable, except that a service agree- leave in the absence of retention bonuses. DIVISION ll—REFORM RELATING TO ment with respect to a recruitment bonus ‘‘(d) Except as provided in subsection (j), a FEDERAL EMPLOYMENT may be made effective at a later date under bonus may be paid only to an employee covered by the General Schedule pay system es- SEC. ll. SHORT TITLE; TABLE OF CONTENTS. circumstances described in regulations of the Office, such as when there is an initial tablished under subchapter III of chapter 53. (a) SHORT TITLE.—This division may be ‘‘(e)(1) Payment of a retention bonus is cited as the ‘‘Federal Workforce Flexibility period of formal basic training. ‘‘(d)(1) Except as provided in subsection (e), contingent upon the employee entering into Act of 2003’’. a bonus under this section shall not exceed a written service agreement with the agency (b) TABLE OF CONTENTS.—The table of con- 25 percent of the annual rate of basic pay of to complete a period of employment with the tents of this division is as follows: the employee at the beginning of the service agency. DIVISION ll—REFORM RELATING TO period multiplied by the number of years (or ‘‘(2)(A) The agreement shall include— FEDERAL EMPLOYMENT fractions thereof) in the service period, not ‘‘(i) the length of the required service period; Sec. ll. Short title; table of contents. to exceed 4 years. ‘‘(2) A bonus under this section may be ‘‘(ii) the amount of the bonus; TITLE I—REFORMS RELATING TO FED- paid as an initial lump sum, in installments, ‘‘(iii) the method of payment; and ERAL HUMAN CAPITAL MANAGEMENT as a final lump sum upon the completion of ‘‘(iv) other terms and conditions under Sec. 101. Recruitment, relocation, and reten- the full service period, or in a combination which the bonus is payable, subject to sub- tion bonuses. of these forms of payment. sections (f) and (g) and regulations of the Of- Sec. 102. Streamlined critical pay authority. ‘‘(3) A bonus under this section is not part fice. TITLE II—REFORMS RELATING TO FED- of the basic pay of an employee for any pur- ‘‘(B) The terms and conditions for paying a ERAL EMPLOYEE CAREER DEVELOP- pose. bonus, as specified in the service agreement, MENT AND BENEFITS ‘‘(4) Under regulations of the Office, a re- shall include— cruitment bonus under this section may be ‘‘(i) the conditions under which the agree- Sec. 201. Agency training. paid to an eligible individual before that in- ment may be terminated before the agreed- Sec. 202. Annual leave enhancements. dividual enters on duty. upon service period has been completed; and TITLE I—REFORMS RELATING TO ‘‘(e) The Office may authorize the head of ‘‘(ii) the effect of the termination. FEDERAL HUMAN CAPITAL MANAGEMENT an agency to waive the limitation under sub- ‘‘(3)(A) Notwithstanding paragraph (1), a SEC. 101. RECRUITMENT, RELOCATION, AND RE- section (d)(1) based on a critical agency need, written service agreement is not required if TENTION BONUSES. subject to regulations prescribed by the Of- the agency pays a retention bonus in bi- (a) BONUSES.— fice. Under such a waiver, the amount of the weekly installments and sets the installment (1) IN GENERAL.—Chapter 57 of title 5, bonus may be up to 50 percent of the employ- payment at the full bonus percentage rate United States Code, is amended by striking ee’s annual rate of basic pay at the begin- established for the employee with no portion sections 5753 and 5754 and inserting the fol- ning of the service period multiplied by the of the bonus deferred. lowing: number of years (or fractions thereof) in the ‘‘(B) If an agency pays a retention bonus in service period, not to exceed 100 percent of accordance with subparagraph (A) and makes ‘‘§ 5753. Recruitment and relocation bonuses the employee’s annual rate of basic pay at a determination to terminate the payments, ‘‘(a) In this section, the term ‘employee’ the beginning of the service period. the agency shall provide written notice to has the meaning given that term under sec- ‘‘(f) The Office shall require that, before the employee of that determination. Except tion 2105, except that such term also includes paying a bonus under this section, an agency as provided in regulations of the Office, the an employee described under subsection (c) shall establish a plan for paying recruitment employee shall continue to be paid the reten- of that section. bonuses and a plan for paying relocation bo- tion bonus through the end of the pay period ‘‘(b)(1) The Office of Personnel Manage- nuses, subject to regulations prescribed by in which such written notice is provided. ment may authorize the head of an agency to the Office. ‘‘(4) A retention bonus for an employee pay a bonus to an individual appointed or ‘‘(g) The Office may prescribe regulations may not be based on any period of such serv- moved to a position that is likely to be dif- to carry out this section, including regula- ice which is the basis for a recruitment or re- ficult to fill in the absence of such a bonus, tions relating to the repayment of a recruit- location bonus under section 5753. if the individual— ment or relocation bonus in appropriate cir- ‘‘(f)(1) Except as provided in subsection (g), ‘‘(A)(i) is newly appointed as an employee cumstances when the agreed-upon service pe- a retention bonus, which shall be stated as a of the Federal Government; or riod has not been completed. percentage of the employee’s basic pay for ‘‘(ii) is currently employed by the Federal ‘‘(h)(1) At the request of the head of an Ex- the service period associated with the bonus, Government and moves to a new position in ecutive agency, the Office may extend cov- may not exceed—

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1276 CONGRESSIONAL RECORD — SENATE January 21, 2003 ‘‘(A) 25 percent of the employee’s basic pay ‘‘(c) The Office of Personnel Management, ‘‘(A) except for this subsection would not if paid under subsection (b); or in consultation with the Office of Manage- otherwise be service performed by an em- ‘‘(B) 10 percent of an employee’s basic pay ment and Budget, may, upon the request of ployee for purposes of subsection (a); and if paid under subsection (c). the head of an agency, grant authority to fix ‘‘(B) was performed in a position— ‘‘(2) A retention bonus may be paid to an the rate of basic pay for 1 or more positions ‘‘(i) the duties of which were directly re- employee in installments after completion of in such agency in accordance with this sec- lated to the duties of the position in an agen- specified periods of service or in a single tion.’’; cy that such individual holds; and lump sum at the end of the full period of (2) in subsection (e)(1), by striking ‘‘Office ‘‘(ii) which meets such other conditions as service required by the agreement. An in- of Management and Budget’’ and inserting the Office of Personnel Management shall stallment payment may not exceed the prod- ‘‘Office of Personnel Management’’; prescribe by regulation. uct derived from multiplying the amount of (3) by striking subsections (f) and (g) and ‘‘(2) For purposes of subsection (a), the basic pay earned in the installment period by inserting the following: head of an agency may deem a period of a percentage not to exceed the bonus per- ‘‘(f) The Office of Personnel Management qualified non-Federal service performed by centage rate established for the employee. If may not authorize the exercise of authority an individual to be a period of service per- the installment payment percentage is less under this section with respect to more than formed as an employee.’’. than the bonus percentage rate, the accrued 800 positions at any 1 time, of which not (2) EFFECTIVE DATE.—This section shall but unpaid portion of the bonus is payable as more than 30 may, at any such time, be posi- take effect 120 days after the date of enact- part of the final installment payment to the tions the rate of basic pay for which would ment of this Act and shall only apply to an employee after completion of the full service otherwise be determined under subchapter II. individual hired on or after that effective period under the terms of the service agree- ‘‘(g) The Office of Personnel Management date. ment. shall consult with the Office of Management (b) SENIOR EXECUTIVE SERVICE ANNUAL ‘‘(3) A retention bonus is not part of the and Budget before making any decision to LEAVE ENHANCEMENTS.— basic pay of an employee for any purpose. grant or terminate any authority under this (1) IN GENERAL.—Section 6303(a) of title 5, ‘‘(g) Upon the request of the head of an section.’’; and United States Code, is amended— agency, the Office may waive the limit es- (4) in subsection (h), by striking ‘‘The Of- (A) in paragraph (2), by striking ‘‘and’’ at tablished under subsection (f)(1) and permit fice of Management and Budget shall report the end; the agency head to pay an otherwise eligible to the Committee on Post Office and Civil (B) in paragraph (3), by striking the period employee or category of employees retention Service’’ and inserting ‘‘The Office of Per- at the end and inserting ‘‘; and’’; and bonuses of up to 50 percent of basic pay, sonnel Management shall report to the Com- (C) by adding after paragraph (3) the fol- based on a critical agency need. mittee on Government Reform.’’. lowing: ‘‘(h) The Office shall require that, before TITLE II—REFORMS RELATING TO FED- ‘‘(4) one day for each full biweekly pay pe- paying a bonus under this section, an agency ERAL EMPLOYEE CAREER DEVELOP- riod for an employee in a position paid under shall establish a plan for paying retention MENT AND BENEFITS section 5376 or 5383, or for an employee in an bonuses, subject to regulations prescribed by SEC. 201. AGENCY TRAINING. equivalent category for which the minimum the Office. (a) TRAINING TO ACCOMPLISH PERFORMANCE rate of basic pay is greater than the rate ‘‘(i) The Office may prescribe regulations PLANS AND STRATEGIC GOALS.—Section 4103 payable at GS–15, step 10.’’. to carry out this section. of title 5, United States Code, is amended by (2) REGULATIONS.—Not later than 120 days ‘‘(j)(1) At the request of the head of an Ex- adding at the end the following: after the date of enactment of this Act, the ecutive agency, the Office may extend cov- ‘‘(c) The head of each agency shall— Office of Personnel Management shall pre- erage under this section to categories of em- ‘‘(1) evaluate each program or plan estab- scribe regulations to carry out the amend- ployees within the agency who otherwise lished, operated, or maintained under sub- ments made by this subsection. would not be covered by this section. section (a) with respect to accomplishing (3) EFFECTIVE DATES.— ‘‘(2) The Office shall not extend coverage specific performance plans and strategic (A) IN GENERAL.—Paragraph (1) shall take under this section to the head of an Execu- goals in performing the agency mission; and effect 120 days after the date of enactment of tive agency, including an Executive agency ‘‘(2) modify such program or plan to ac- this Act. headed by a board or other collegial body complish such plans and goals.’’. (B) REGULATIONS.—Paragraph (2) shall take composed of 2 or more individual members.’’. (b) AGENCY TRAINING OFFICER; SPECIFIC effect on the date of enactment of this Act. (2) TECHNICAL AND CONFORMING AMEND- TRAINING PROGRAMS.— MENT.—The table of sections for chapter 57 of (1) IN GENERAL.—Chapter 41 of title 5, SA 155. Mr. DOMENICI (for himself title 5, United States Code, is amended by United States Code, is amended by adding and Mr. BINGAMAN) submitted an striking the item relating to section 5754 and after section 4119 the following: amendment intended to be proposed by inserting the following: ‘‘§ 4120. Agency training officer him to the joint resolution H.J. Res. 2, ‘‘5754. Retention bonuses.’’. ‘‘Each agency shall appoint or designate a making further continuing appropria- (b) RELOCATION PAYMENTS.—Section 407 of training officer who shall be responsible for tions for the fiscal year 2003, and for the Federal Employees Pay Comparability developing, coordinating, and administering other purposes; which was ordered to Act of 1990 (5 U.S.C. 5305 note; 104 Stat. 1467) training for the agency. lie on the table; as follows: is repealed. ‘‘§ 4121. Specific training programs On page 488, on line 2, strike the period (c) EFFECTIVE DATE AND APPLICATION.— ‘‘In consultation with the Office of Per- after the word ‘‘accomplishment’’ and insert (1) EFFECTIVE DATE.—Except as provided sonnel Management, each head of an agency the following: under paragraphs (2) and (3), this section shall establish— ‘‘: Provided further, That within funds shall take effect on the first day of the first ‘‘(1) a comprehensive management succes- available for the purpose of implementing applicable pay period beginning on or after sion program to provide training to employ- the Valles Caldera Preservation Act, not- 180 days after the date of enactment of this ees to develop managers for the agency; and withstanding the limitations of 107(e)(2) of Act. ‘‘(2) a program to provide training to man- the Valles Caldera Preservation Act (Public (2) APPLICATION TO AGREEMENTS.—A re- agers on actions, options, and strategies a Law 106–248), for fiscal year 2003, the mem- cruitment or relocation bonus service agree- manager may use in— bers of the Board of Trustees of the Valles ment that was authorized under section 5753 ‘‘(A) relating to employees with unaccept- Caldera Trust may receive, upon request, of title 5, United States Code, before the ef- able performances; and compensation for each day (including travel fective date under paragraph (1) shall con- ‘‘(B) mentoring employees and improving time) that they are engaged in the perform- tinue, until its expiration, to be subject to employee performance and productivity.’’. ance of the functions of the Board, except section 5753 as in effect on the day before (2) TECHNICAL AND CONFORMING AMEND- that compensation shall not exceed the daily such effective date. MENT.—The table of sections for chapter 41 of equivalent of the annual rate in effect for (3) APPLICATION TO ALLOWANCES.—Payment title 5, United States Code, is amended by members of the Senior Executive Service at of a retention allowance that was authorized adding at the end the following: the ES–1 level, and shall be in addition to under section 5754 of title 5, United States ‘‘4120. Agency training officer. any reimbursement for travel, subsistence Code, before the effective date under para- ‘‘4121. Specific training programs.’’. and other necessary expenses incurred by graph (1) shall continue, subject to section SEC. 202. ANNUAL LEAVE ENHANCEMENTS. them in the performance of their duties, and 5754 as in effect on the day before such effec- (a) ACCRUAL OF LEAVE FOR NEWLY HIRED except that Members of the Board who are officers or employees of the United States tive date, until the retention allowance is re- FEDERAL EMPLOYEES WITH QUALIFIED EXPE- shall not receive any additional compensa- authorized or terminated (but no longer than RIENCE.— tion by reason of service on the Board.’’ 1 year after such effective date). (1) IN GENERAL.—Section 6303 of title 5, SEC. 102. STREAMLINED CRITICAL PAY AUTHOR- United States Code, is amended by adding at SA 156. Mr. DOMENICI submitted an ITY. the end the following: Section 5377 of title 5, United States Code, ‘‘(e)(1) In this subsection, the term ‘period amendment intended to be proposed by is amended— of qualified non-Federal service’ means any him to the joint resolution H.J. Res. 2, (1) by striking subsection (c) and inserting equal period of service performed by an indi- making further continuing appropria- the following: vidual that— tions for the fiscal year 2003, and for

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1277 other purposes; which was ordered to (G) restrooms; (B) INCLUSIONS.—The term ‘‘special use lie on the table, as follows: (H) the Crest Trail (Trail No. 130); permit area’’ includes— (I) hang glider launch sites; (i) approximately 46 acres of land used as On page 489, line 8, after ‘‘Service;’’ add the (J) the Kiwanis cabin; and an aerial tramway corridor; following new proviso: ‘‘Provided further, (K) the land on which the facilities de- (ii) approximately 945 acres of land used as That hazardous fuel treatment dollars in the scribed in subparagraphs (A) through (J) are a ski area; and National Fire Plan are to go to the County located and the land extending 100 feet along (iii) the land and facilities described in Ex- Partnership Restoration Program for forest terrain to the west of each such facility, un- hibit A to the special use permit, including— restoration on the Apache-Sitgreaves Na- less a different distance is agreed to in writ- (I) the maintenance road to the lower tram tional Forest in Arizona, the Lincoln Na- ing by the Secretary and the Pueblo and doc- tower; tional Forest in New Mexico, and the Grand umented in the survey of the Area. (II) water storage and water distribution Mesa, Uncompahgre and Gunnison National (3) EXISTING USE.—The term ‘‘existing use’’ facilities; and Forest in Colorado;’’ means a use that— (III) 7 helispots. (A) is occurring in the Area as of the date SA 157. Mr. DOMENICI (for himself (15) SUBDIVISION.—The term ‘‘subdivision’’ of enactment of this Act; or means— and Mr. BINGAMAN) submitted an (B) is authorized in the Area after Novem- (A) the subdivision of— amendment intended to be proposed by ber 1, 1995, but before the date of enactment (i) Sandia Heights Addition; him to joint resolution H.J. Res. 2, of this Act. (ii) Sandia Heights North Unit I, II, or 3; making further continuing appropria- (4) LA LUZ TRACT.—The term ‘‘La Luz (iii) Tierra Monte; tions for the fiscal year 2003, and for tract’’ means the tract comprised of approxi- (iv) Valley View Acres; or other purposes; which was ordered to mately 31 acres of land owned in fee by the (v) Evergreen Hills; and lie on the table; as follows: Pueblo and depicted on the map. (B) any additional plat or privately-owned (5) LOCAL PUBLIC BODY.—The term ‘‘local property depicted on the map. On page 547, between lines 4 and 5, insert public body’’ means a political subdivision of (16) TRADITIONAL OR CULTURAL USE.—The the following: the State of New Mexico (as defined in New term ‘‘traditional or cultural use’’ means— TITLE ll—T’UF SHUR BIEN Mexico Code 6–5–1). (A) a ceremonial activity (including the PRESERVATION TRUST AREA (6) MAP.—The term ‘‘map’’ means the For- placing of ceremonial materials in the Area); SEC. ll01. SHORT TITLE. est Service map entitled ‘‘T’uf Shur Bien and This title may be cited as the ‘‘T’uf Shur Preservation Trust Area’’ and dated April (B) the use, hunting, trapping, or gathering Bien Preservation Trust Area Act’’. 2000. of plants, animals, wood, water, and other (7) MODIFIED USE.— SEC. ll02. FINDINGS AND PURPOSES. natural resources for a noncommercial pur- (A) IN GENERAL.—The term ‘‘modified use’’ (a) FINDINGS.—Congress finds that— pose. means an existing use that, at any time after (1) in 1748, the Pueblo of Sandia received a the date of enactment of this Act, is modi- SEC. ll04. T’UF SHUR BIEN PRESERVATION grant from a representative of the King of TRUST AREA. fied or reconfigured but not significantly ex- Spain, which grant was recognized and con- panded. (a) ESTABLISHMENT.—The T’uf Shur Bien firmed by Congress in 1858 (11 Stat. 374); and (B) INCLUSIONS.—The term ‘‘modified use’’ Preservation Trust Area is established with- (2) in 1994, the Pueblo filed a civil action includes— in the Cibola National Forest and the Sandia against the Secretary of the Interior and the (i) a trail or trailhead being modified, such Mountain Wilderness as depicted on the Secretary of Agriculture in the United as to accommodate handicapped access; map— States District Court for the District of Co- (ii) a parking area being reconfigured (but (1) to recognize and protect in perpetuity lumbia (Civil No. 1:94CV02624), asserting that not expanded); and the rights and interests of the Pueblo in and Federal surveys of the grant boundaries erro- (iii) a special use authorization for a group to the Area, as specified in section ll05(a); neously excluded certain land within the recreation use being authorized for a dif- (2) to preserve in perpetuity the national Cibola National Forest, including a portion ferent use area or time period. forest and wilderness character of the Area; of the Sandia Mountain Wilderness. (8) NEW USE.— and (b) PURPOSES.—The purposes of this title (A) IN GENERAL.—The term ‘‘new use’’ (3) to recognize and protect in perpetuity are— means— the longstanding use and enjoyment of the (1) to establish the T’uf Shur Bien Preser- (i) a use that is not occurring in the Area Area by the public. vation Trust Area in the Cibola National as of the date of enactment of this Act; and (b) ADMINISTRATION AND APPLICABLE LAW.— Forest; (ii) an existing use that is being modified (1) IN GENERAL.—The Secretary shall con- (2) to confirm the status of national forest so as to be significantly expanded or altered tinue to administer the Area as part of the land and wilderness land in the Area while in scope, dimension, or impact on the land, National Forest System subject to and con- resolving issues associated with the civil ac- water, air, or wildlife resources of the Area. sistent with the provisions of this title af- tion referred to in subsection (a)(2) and the (B) EXCLUSIONS.—The term ‘‘new use’’ does fecting management of the Area. opinions of the Solicitor of the Department not include a use that— (2) TRADITIONAL OR CULTURAL USES.—Tradi- of the Interior dated December 9, 1988 (M– (i) is categorically excluded from docu- tional or cultural uses by Pueblo members 36963; 96 I.D. 331) and January 19, 2001 (M– mentation requirements under the National and members of other federally-recognized 37002); and Environmental Policy Act of 1969 (42 U.S.C. Indian tribes authorized to use the Area by (3) to provide the Pueblo, the parties to the 4321 et seq.); or the Pueblo under section ll05(a)(4) shall civil action, and the public with a fair and (ii) is carried out to comply with the En- not be restricted except by— just settlement of the Pueblo’s claim. dangered Species Act of 1973 (16 U.S.C. 1531 et (A) the Wilderness Act (16 U.S.C. 1131 et SEC. ll03. DEFINITIONS. seq.). seq.) (including regulations promulgated In this title: (9) PIEDRA LISA TRACT.—The term ‘‘Piedra under that Act) as in effect on the date of en- (1) AREA.— Lisa tract’’ means the tract comprised of ap- actment of this Act; and (A) IN GENERAL.—The term ‘‘Area’’ means proximately 160 acres of land owned by the (B) applicable Federal wildlife protection the T’uf Shur Bien Preservation Trust Area, Pueblo and depicted on the map. laws, as provided in section ll06(a)(2). comprised of approximately 9890 acres of (10) PUEBLO.—The term ‘‘Pueblo’’ means (3) LATER ENACTMENTS.—To the extent that land in the Cibola National Forest, as de- the Pueblo of Sandia in its governmental ca- any law enacted or amended after the date of picted on the map. pacity. enactment of this Act is inconsistent with (B) EXCLUSIONS.—The term ‘‘Area’’ does (11) SECRETARY.—The term ‘‘Secretary’’ this title, the law shall not apply to the Area not include— means the Secretary of Agriculture, acting unless expressly made applicable by Con- (i) the subdivisions; through the Chief of the Forest Service. gress. (ii) Pueblo-owned land; (12) SETTLEMENT AGREEMENT.—The term (4) TRUST.—The use of the word ‘‘Trust’’ in (iii) the crest facilities; or ‘‘Settlement Agreement’’ means the Agree- the name of the Area— (iv) the special use permit area. ment of Compromise and Settlement dated (A) is in recognition of the specific rights (2) CREST FACILITIES.—The term ‘‘crest fa- April 4, 2000, among the United States, the and interests of the Pueblo in the Area; and cilities’’ means— Pueblo, and the Sandia Peak Tram Com- (B) does not confer on the Pueblo the own- (A) all facilities and developments located pany. ership interest that exists in a case in which on the crest of Sandia Mountain, including (13) SPECIAL USE PERMIT.—The term ‘‘spe- the Secretary of the Interior accepts the the Sandia Crest Electronic Site; cial use permit’’ means the Special Use Per- title to land held in trust for the benefit of (B) electronic site access roads; mit issued December 1, 1993, by the Sec- an Indian tribe. (C) the Crest House; retary to Sandia Peak Tram Company and (c) MAP.— (D) the upper terminal, restaurant, and re- Sandia Peak Ski Company (1) FILING.—As soon as practicable after lated facilities of Sandia Peak Tram Com- (14) SPECIAL USE PERMIT AREA.— the date of enactment of this Act, the Sec- pany; (A) IN GENERAL.—The term ‘‘special use retary shall file the map and a legal descrip- (E) the Crest Observation Area; permit area’’ means the land and facilities tion of the Area with the Committee on Re- (F) parking lots; subject to the special use permit. sources of the House of Representatives and

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1278 CONGRESSIONAL RECORD — SENATE January 21, 2003 with the Committee on Energy and Natural (5) Such other rights and interests as are record of decision or decision notice, the new Resources of the Senate. recognized in sections ll04, ll05(c), ll07, use shall not be authorized. (2) PUBLIC AVAILABILITY.—The map and ll08, and ll09. (iii) FAILURE TO RESPOND.—If the Pueblo legal description shall be on file and avail- (b) ACCESS.— Except as provided in sub- fails to respond to the consent request with- able for public inspection in the Office of the section (a)(4), access to and use of the Area in 30 days after receipt of the proposed Chief of the Forest Service, Washington, Dis- for all other purposes shall continue to be record of decision or decision notice— trict of Columbia. administered by the Secretary. (I) the Pueblo shall be deemed to have con- (3) EFFECT.—The map and legal description (c) COMPENSABLE INTEREST.— sented to the proposed record of decision or filed under paragraph (1) shall have the same (1) IN GENERAL.—If, by an Act of Congress decision notice; and effect as if the map and legal description enacted after the date of enactment of this (II) the Secretary may proceed to issue the were included in this title, except that— Act, Congress diminishes the national forest final record of decision or decision notice. (A) technical and typographical errors or wilderness designation of the Area by au- (3) PUBLIC INVOLVEMENT.— shall be corrected; thorizing a use prohibited by section (A) IN GENERAL.—With respect to a pro- (B) changes that may be necessary under ll04(e) in all or any portion of the Area, or posed new use or modified use, the public subsection (b), (d), or (e) of section ll09 or denies the Pueblo access for any traditional shall be provided notice of— subsection (b) or (c) of section ll13 shall be or cultural use in all or any portion of the (i) the purpose and need for the proposed made; and Area— new use or modified use; (C) to the extent that the map and the lan- (A) the United States shall compensate the (ii) the role of the Pueblo in the decision- guage of this title conflict, the language of Pueblo as if the Pueblo held a fee title inter- making process; and this title shall control. est in the affected portion of the Area and as (iii) the position of the Pueblo on the proposal. (d) NO CONVEYANCE OF TITLE.—No right, though the United States had acquired such (B) COURT CHALLENGE.—Any person may title, or interest of the United States in or to an interest by legislative exercise of the bring a civil action in the United States Dis- the Area or any part of the Area shall be power of eminent domain; and trict Court for the District of New Mexico to conveyed to or exchanged with any person, (B) the restrictions of sections ll04(e) challenge a determination by the Secretary trust, or governmental entity, including the and ll06(a) shall be disregarded in deter- concerning whether a use constitutes a new Pueblo, without specific authorization of mining just compensation owed to the Pueb- lo. use or a modified use. Congress. (b) EMERGENCIES AND EMERGENCY CLOSURE (2) EFFECT.—Any compensation made to (e) PROHIBITED USES.— the Pueblo under paragraph (c) shall not af- ORDERS.— (1) IN GENERAL.—Notwithstanding any fect the extinguishment of claims under sec- (1) AUTHORITY.—The Secretary shall retain other provision of law— the authority of the Secretary to manage tion ll10. (A) no use prohibited by the Wilderness emergency situations, to— Act (16 U.S.C. 1131 et seq.) as of the date of SEC. ll06. LIMITATIONS ON PUEBLO RIGHTS (A) provide for public safety; and AND INTERESTS IN THE AREA. enactment of this Act shall be permitted in (B) issue emergency closure orders in the (a) LIMITATIONS.—The rights and interests the wilderness portion of the Area; and Area subject to applicable law. of the Pueblo recognized in this title do not (B) none of the following uses shall be per- (2) NOTICE.—The Secretary shall notify the mitted in any portion of the Area: include— Pueblo regarding emergencies, public safety (i) Gaming or gambling. (1) any right to sell, grant, lease, convey, issues, and emergency closure orders as soon (ii) Mineral production. encumber, or exchange land or any interest as practicable. in land in the Area (and any such convey- (iii) Timber production. (3) NO CONSENT.—An action of the Sec- (iv) Any new use to which the Pueblo ob- ance shall not have validity in law or eq- retary described in paragraph (1) shall not uity); jects under section ll05(a)(3). require the consent of the Pueblo. (2) any exemption from applicable Federal (2) MINING CLAIMS.—The Area is closed to (c) DISPUTES INVOLVING FOREST SERVICE the location of mining claims under section wildlife protection laws; MANAGEMENT AND PUEBLO TRADITIONAL 2320 of the Revised Statutes (30 U.S.C. 23) (3) any right to engage in a use prohibited USES.— (commonly known as the ‘‘Mining Law of by section ll04(e); or (1) IN GENERAL.—In a case in which the 1872’’). (4) any right to exclude persons or govern- management of the Area by the Secretary mental entities from the Area. conflicts with a traditional or cultural use, if (f) NO MODIFICATION OF BOUNDARIES.—Es- (b) EXCEPTION.—No person who exercises the conflict does not pertain to a new use tablishment of the Area shall not— traditional or cultural use rights as author- subject to the process specified in subsection (1) affect the boundaries of or repeal or dis- ized by section ll05(a)(4) may be prosecuted (a)(2), the process for dispute resolution spec- establish the Sandia Mountain Wilderness or for a Federal wildlife offense requiring proof ified in this subsection shall apply. the Cibola National Forest; or of a violation of a State law (including regu- (2) DISPUTE RESOLUTION PROCESS.— (2) modify the existing boundary of the lations). (A) IN GENERAL.—In the case of a conflict Pueblo grant. SEC. ll07. MANAGEMENT OF THE AREA. described in paragraph (1)— SEC. ll05. PUEBLO RIGHTS AND INTERESTS IN (a) PROCESS.— (i) the party identifying the conflict shall THE AREA. (1) IN GENERAL.—The Secretary shall con- notify the other party in writing addressed (a) IN GENERAL.—The Pueblo shall have the sult with the Pueblo not less than twice each to the Governor of the Pueblo or the Re- following rights and interests in the Area: year, unless otherwise mutually agreed, con- gional Forester, as appropriate, specifying (1) Free and unrestricted access to the cerning protection, preservation, and man- the nature of the dispute; and Area for traditional or cultural uses, to the agement of the Area (including proposed new (ii) the Governor of the Pueblo or the Re- extent that those uses are not inconsistent uses and modified uses in the Area and au- gional Forester shall attempt to resolve the with— thorizations that are anticipated during the dispute for a period of at least 30 days after (A) the Wilderness Act (16 U.S.C. 1131 et next 6 months and were approved in the pre- notice has been provided before bringing a seq.) (including regulations promulgated ceding 6 months). civil action in the United States District under that Act) as in effect on the date of en- (2) NEW USES.— Court for the District of New Mexico. actment of this Act; or (A) REQUEST FOR CONSENT AFTER CONSULTA- (B) DISPUTES REQUIRING IMMEDIATE RESOLU- (B) applicable Federal wildlife protection TION.— TION.—In the case of a conflict that requires laws as provided in section ll06(a)(2). (i) DENIAL OF CONSENT.—If the Pueblo de- immediate resolution to avoid imminent, (2) Perpetual preservation of the national nies consent for a new use within 30 days substantial, and irreparable harm— forest and wilderness character of the Area after completion of the consultation process, (i) the party identifying the conflict shall under this title. the Secretary shall not proceed with the new notify the other party and seek to resolve (3) Rights in the management of the Area use. the dispute within 3 days of the date of noti- as specified in section ll07, including— (ii) GRANTING OF CONSENT.—If the Pueblo fication; and (A) the right to consent or withhold con- consents to the new use in writing or fails to (ii) if the parties are unable to resolve the sent to a new use; respond within 30 days after completion of dispute within 3 days— (B) the right to consultation regarding a the consultation process, the Secretary may (I) either party may bring a civil action for modified use; proceed with the notice and comment proc- immediate relief in the United States Dis- (C) the right to consultation regarding the ess and the environmental analysis. trict Court for the District of New Mexico; management and preservation of the Area; (B) FINAL REQUEST FOR CONSENT.— and and (i) REQUEST.—Before the Secretary (or a (II) the procedural requirements specified (D) the right to dispute resolution proce- designee) signs a record of decision or deci- in subparagraph (A) shall not apply. dures. sion notice for a proposed new use, the Sec- SEC. ll08. JURISDICTION OVER THE AREA. (4) Exclusive authority, in accordance with retary shall again request the consent of the (a) CRIMINAL JURISDICTION.— the customs and laws of the Pueblo, to ad- Pueblo. (1) IN GENERAL.—Notwithstanding any minister access to the Area for traditional or (ii) DENIAL OF CONSENT.—If the Pueblo de- other provision of law, jurisdiction over cultural uses by members of the Pueblo and nies consent for a new use within 30 days crimes committed in the Area shall be allo- of other federally-recognized Indian tribes. after receipt by the Pueblo of the proposed cated as provided in this paragraph.

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(2) JURISDICTION OF THE PUEBLO.—The (3) STATE AND LOCAL TAXING JURISDICTION.— structures, or facilities, the land subject to Pueblo shall have jurisdiction over an of- The State of New Mexico and local public that amendment shall thereafter be excluded fense committed by a member of the Pueblo bodies shall have no authority within the from the Area and shall have the same sta- or of another federally-recognized Indian Area to tax the uses or the property of the tus under this title as the land currently de- tribe who is present in the Area with the per- Pueblo, members of the Pueblo, or members scribed in the special use permit. mission of the Pueblo under section of other federally-recognized Indian tribes (4) LAND DEDICATED TO AERIAL TRAMWAY ll05(a)(4). authorized to use the Area under section AND RELATED USES.—Any land dedicated to (3) JURISDICTION OF THE UNITED STATES.— ll05(a)(4). aerial tramway and related uses and associ- The United States shall have jurisdiction SEC. ll09. SUBDIVISIONS AND OTHER PROP- ated facilities that are excluded from the over— ERTY INTERESTS. special use permit through expiration, ter- (A) an offense described in section 1153 of (a) SUBDIVISIONS.— mination or the amendment process shall title 18, United States Code, committed by a (1) IN GENERAL.—The subdivisions are ex- thereafter be included in the Area, but only member of the Pueblo or another federally- cluded from the Area. after final agency action no longer subject to recognized Indian tribe; (2) JURISDICTION.— any appeals. (B) an offense committed by any person in (A) IN GENERAL.—The Pueblo shall have no (e) LA LUZ TRACT.— violation of the laws (including regulations) civil or criminal jurisdiction for any pur- (1) IN GENERAL.—The La Luz tract now pertaining to the protection and manage- pose, including adjudicatory, taxing, zoning, owned in fee by the Pueblo is excluded from ment of national forests; regulatory or any other form of jurisdiction, the Area and, on application by the Pueblo, (C) enforcement of Federal criminal laws over the subdivisions and property interests shall be transferred to the United States and of general applicability; and therein, and the laws of the Pueblo shall not held in trust for the Pueblo by the United (D) any other offense committed by a apply to the subdivisions. States and administered by the Secretary of member of the Pueblo against a person not a (B) STATE JURISDICTION.—The jurisdiction the Interior subject to all limitations on use member of the Pueblo. of the State of New Mexico and local public pertaining to the Area contained in this (4) JURISDICTION OF THE STATE OF NEW MEX- bodies over the subdivisions and property in- title. ICO.—The State of New Mexico shall have ju- terests therein shall continue in effect, ex- (2) NONAPPLICABILITY OF CERTAIN RESTRIC- risdiction over an offense under the law of cept that on application of the Pueblo a TION.—The restriction contained in section the State committed by a person not a mem- tract comprised of approximately 35 contig- ll06(a)(4) shall not apply outside of Forest ber of the Pueblo. uous, nonsubdivided acres in the northern Service System trails. section of Evergreen Hills owned in fee by (5) OVERLAPPING JURISDICTION.—To the ex- (f) EVERGREEN HILLS ACCESS.—The Sec- tent that the respective allocations of juris- the Pueblo at the time of enactment of this retary shall ensure that Forest Service Road diction over the Area under paragraphs (2), Act, shall be transferred to the United 333D, as depicted on the map, is maintained (3), and (4) overlap, the governments shall States and held in trust for the Pueblo by in an adequate condition in accordance with the United States and administered by the have concurrent jurisdiction. section 1323(a) of the Alaska National Inter- Secretary of the Interior. est Lands Conservation Act (16 U.S.C. (6) FEDERAL USE OF STATE LAW.—Under the (3) LIMITATIONS ON TRUST LAND.—Trust jurisdiction of the United States described in 3210(a)). land described in paragraph (2)(B) shall be (g) PUEBLO FEE LAND.—Those properties paragraph (3)(D), Federal law shall incor- subject to all limitations on use pertaining not specifically addressed in subsections (a) porate any offense defined and punishable to the Area contained in this title. or (e) that are owned in fee by the Pueblo under State law that is not so defined under (b) PIEDRA LISA.— within the subdivisions are excluded from Federal law. (1) IN GENERAL.—The Piedra Lisa tract is the Area and shall be subject to the jurisdic- (b) CIVIL JURISDICTION.— excluded from the Area. tional provisions of subsection (a). (1) IN GENERAL.—Except as provided in (2) DECLARATION OF TRUST TITLE.—The (h) RIGHTS-OF-WAY.— paragraphs (2) and (3), the United States, the Piedra Lisa tract— (1) ROAD RIGHTS-OF-WAY.— State of New Mexico, and local public bodies (A) shall be transferred to the United (A) IN GENERAL.—In accordance with the shall have the same civil adjudicatory, regu- States; Pueblo having given its consent in the Set- latory, and taxing jurisdiction over the Area (B) is declared to be held in trust for the tlement Agreement, the Secretary of the In- as was exercised by those entities on the day Pueblo by the United States; and terior shall grant to the County of before the date of enactment of this Act. (C) shall be administered by the Secretary Bernalillo, New Mexico, in perpetuity, the (2) JURISDICTION OF THE PUEBLO.— of the Interior subject to all limitations on following irrevocable rights-of-way for roads (A) IN GENERAL.—The Pueblo shall have ex- use pertaining to the Area contained in this identified on the map in order to provide for clusive civil adjudicatory jurisdiction over— title. public access to the subdivisions, the special (i) a dispute involving only members of the (3) APPLICABILITY OF CERTAIN RESTRIC- use permit land and facilities, the other Pueblo; TION.—The restriction contained in section leasehold and easement rights and interests (ii) a civil action brought by the Pueblo ll06(a)(4) shall not apply outside of Forest of the Sandia Peak Tram Company and its against a member of the Pueblo; and Service System trails. affiliates, the Sandia Heights South Subdivi- (iii) a civil action brought by the Pueblo (c) CREST FACILITIES.— sion, and the Area— against a member of another federally-recog- (1) IN GENERAL.—The land on which the (i) a right-of-way for Tramway Road; nized Indian tribe for a violation of an under- crest facilities are located is excluded from (ii) a right-of-way for Juniper Hill Road standing between the Pueblo and the other the Area. North; tribe regarding use of or access to the Area (2) JURISDICTION.—The Pueblo shall have (iii) a right-of-way for Juniper Hill Road for traditional or cultural uses. no civil or criminal jurisdiction for any pur- South; (B) REGULATORY JURISDICTION.—The Pueblo pose, including adjudicatory, taxing, zoning, (iv) a right-of-way for Sandia Heights shall have no regulatory jurisdiction over regulatory or any other form of jurisdiction, Road; and the Area, except that the Pueblo shall have over the land on which the crest facilities (v) a right-of-way for Juan Tabo Canyon exclusive authority to— are located and property interests therein, Road (Forest Road No. 333). (i) regulate traditional or cultural uses by and the laws of the Pueblo, shall not apply to (B) CONDITIONS.—The road rights-of-way the members of the Pueblo and administer that land. The preexisting jurisdictional sta- shall be subject to the following conditions: access to the Area by other federally-recog- tus of that land shall continue in effect. (i) Such rights-of-way may not be expanded nized Indian tribes for traditional or cultural (d) SPECIAL USE PERMIT AREA.— or otherwise modified without the Pueblo’s uses, to the extent such regulation is con- (1) IN GENERAL.—The land described in the written consent, but road maintenance to sistent with this title; and special use permit is excluded from the Area. the rights-of-way shall not be subject to (ii) regulate hunting and trapping in the (2) JURISDICTION.— Pueblo consent. Area by members of the Pueblo, to the ex- (A) IN GENERAL.—The Pueblo shall have no (ii) The rights-of-way shall not authorize tent that the hunting or trapping is related civil or criminal jurisdiction for any pur- uses for any purpose other than roads with- to traditional or cultural uses, except that pose, including adjudicatory, taxing, zoning, out the Pueblo’s written consent. such hunting and trapping outside of that regulatory, or any other form of jurisdiction, (iii) Except as provided in the Settlement portion of the Area in sections 13, 14, 23, 24, over the land described in the special use Agreement, existing rights-of-way or lease- and the northeast quarter of section 25 of permit, and the laws of the Pueblo shall not hold interests and obligations held by the T12N, R4E, and section 19 of T12N, R5E, apply to that land. Sandia Peak Tram Company and its affili- N.M.P.M., Sandoval County, New Mexico, (B) PREEXISTING STATUS.—The preexisting ates, shall be preserved, protected, and unaf- shall be regulated by the Pueblo in a manner jurisdictional status of that land shall con- fected by this title. consistent with the regulations of the State tinue in effect. (2) UTILITY RIGHTS-OF-WAY.—In accordance of New Mexico concerning types of weapons (3) AMENDMENT TO PLAN.—In the event the with the Pueblo having given its consent in and proximity of hunting and trapping to special use permit, during its existing term the Settlement Agreement, the Secretary of trails and residences. or any future terms or extensions, requires the Interior shall grant irrevocable utility (C) TAXING JURISDICTION.—The Pueblo shall amendment to include other land in the Area rights-of-way in perpetuity across Pueblo have no authority to impose taxes within the necessary to realign the existing or any fu- land to appropriate utility or other service Area. ture replacement tram line, associated providers serving Sandia Heights Addition,

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1280 CONGRESSIONAL RECORD — SENATE January 21, 2003 Sandia Heights North Units I, II, and 3, the those rights and interests may only be ditional Forest land outside the Area and con- special use permit land, Tierra Monte, and minished by a future Act of Congress specifi- tiguous to the northern boundary of the Valley View Acres, including rights-of-way cally authorizing diminishment of such Pueblo’s Reservation within sections 10, 11, for natural gas, power, water, telecommuni- rights, with express reference to this title. and 14 of T12N, R4E, N.M.P.M., Sandoval cations, and cable television services. Such SEC. ll11. CONSTRUCTION. County, New Mexico excluding wilderness rights-of-way shall be within existing utility (a) STRICT CONSTRUCTION.—This title recog- land, for land owned by the Pueblo in the Ev- corridors as depicted on the map or, for cer- nizes only enumerated rights and interests, ergreen Hills subdivision in Sandoval County tain water lines, as described in the existing and no additional rights, interests, obliga- contiguous to National Forest land, and the grant of easement to the Sandia Peak Util- tions, or duties shall be created by implica- La Luz tract in Bernalillo County. ity Company; provided that use of water line tion. (2) ACCEPTANCE OF PAYMENT.—Notwith- easements outside the utility corridors de- (b) EXISTING RIGHTS.—To the extent there standing section 206(b) of the Federal Land picted on the map shall not be used for util- exist within the Area as of the date of enact- Policy and Management Act (43 U.S.C. ity purposes other than water lines and asso- ment of this Act any valid private property 1716(b)), the Secretary may either make or ciated facilities. Except where above-ground rights associated with private land that are accept a cash equalization payment in excess facilities already exist, all new utility facili- not otherwise addressed in this title, such of 25 percent of the total value of the land or ties shall be installed underground unless rights are not modified or otherwise affected interests transferred out of Federal owner- the Pueblo agrees otherwise. To the extent by this title, nor is the exercise of any such ship. that enlargement of existing utility cor- right subject to the Pueblo’s right to with- (3) FUNDS RECEIVED.—Any funds received ridors is required for any technologically-ad- hold consent to new uses in the Area as set by the Secretary as a result of the exchange vanced telecommunication, television, or forth in section ll05(a)(3)(A). shall be deposited in the fund established utility services, the Pueblo shall not unrea- (c) NOT PRECEDENT.—The provisions of this under the Act of December 4, 1967, known as sonably withhold agreement to a reasonable title creating certain rights and interests in the Sisk Act (16 U.S.C. 484a), and shall be enlargement of the easements described the National Forest System are uniquely available to purchase non-Federal land with- above. suited to resolve the Pueblo’s claim and the in or adjacent to the National Forests in the (3) FOREST SERVICE RIGHTS-OF-WAY.—In ac- geographic and societal situation involved, State of New Mexico. cordance with the Pueblo having given its and shall not be construed as precedent for (4) TREATMENT OF LAND EXCHANGED OR CON- consent in the Settlement Agreement, the any other situation involving management VEYED.—All land exchanged or conveyed to Secretary of the Interior shall grant to the of the National Forest System. the Pueblo is declared to be held in trust for Forest Service the following irrevocable (d) FISH AND WILDLIFE.—Except as provided the Pueblo by the United States and added rights-of-way in perpetuity for Forest Serv- in section ll08(b)(2)(B), nothing in this to the Pueblo’s Reservation subject to all ex- ice trails crossing land of the Pueblo in order title shall be construed as affecting the re- isting and outstanding rights and shall re- to provide for public access to the Area and sponsibilities of the State of New Mexico main in its natural state and shall not be through Pueblo land— with respect to fish and wildlife, including subject to commercial development of any (A) a right-of-way for a portion of the the regulation of hunting, fishing, or trap- kind. Land exchanged or conveyed to the Crest Spur Trail (Trail No. 84), crossing a ping within the Area. Forest Service shall be subject to all limita- portion of the La Luz tract, as identified on (e) FEDERAL LAND POLICY AND MANAGE- tions on use pertaining to the Area under the map; MENT ACT.—Section 316 of the Federal Land this title. (B) a right-of-way for the extension of the Policy and Management Act of 1976 (43 (5) FAILURE TO MAKE OFFER.—If the land ex- Foothills Trail (Trail No. 365A), as identified U.S.C. 1746) is amended by adding at the end change offer is not made by the date that is on the map; and the following: ‘‘Any corrections authorized 180 days after the date of enactment of this (C) a right-of-way for that portion of the by this section which affect the boundaries Act, the Secretary shall submit to the Com- Piedra Lisa North-South Trail (Trail No. 135) of, or jurisdiction over, land administered by mittee on Energy and Natural Resources of crossing the Piedra Lisa tract. another Federal agency shall be made only the United States Senate and the Committee SEC. ll10. EXTINGUISHMENT OF CLAIMS. after consultation with, and the approval of, on Resources of the United States House of (a) IN GENERAL.—Except for the rights and the head of such other agency.’’ Representatives, a report explaining the rea- interests in and to the Area specifically rec- SEC. ll12. JUDICIAL REVIEW. sons for the failure to make the offer includ- ognized in sections ll04, ll05, ll07, (a) ENFORCEMENT.—A civil action to ening an assessment of the need for any addi- ll08, and ll09, all Pueblo claims to right, force the provisions of this title may be tional legislation that may be necessary for title and interest of any kind, including ab- brought to the extent permitted under chap- the exchange. If additional legislation is not original claims, in and to land within the ter 7 of title 5, United States Code. Judicial necessary, the Secretary, consistent with Area, any part thereof, and property inter- review shall be based on the administrative this section, should proceed with the ex- ests therein, as well as related boundary, record and subject to the applicable standard change pursuant to existing law. survey, trespass, and monetary damage of review set forth in section 706 of title 5, (c) LAND ACQUISITION AND OTHER COM- claims, are permanently extinguished. The United States Code. PENSATION.— United States’ title to the Area is confirmed. (b) WAIVER.—A civil action may be brought (1) IN GENERAL.—The Secretary may ac- (b) SUBDIVISIONS.—Any Pueblo claims to against the Pueblo for declaratory judgment right, title and interest of any kind, includ- or injunctive relief under this title, but no quire land owned by the Pueblo within the ing aboriginal claims, in and to the subdivi- money damages, including costs or attor- Evergreen Hills Subdivision in Sandoval sions and property interests therein (except ney’s fees, may be imposed on the Pueblo as County or any other privately held land infor land owned in fee by the Pueblo as of the a result of such judicial action. side of the exterior boundaries of the Area. The boundaries of the Cibola National Forest date of enactment of this Act), as well as re- (c) VENUE.—Venue for any civil action pro- lated boundary, survey, trespass, and mone- vided for in this section, as well as any civil and the Area shall be adjusted to encompass tary damage claims, are permanently extin- action to contest the constitutionality of any land acquired pursuant to this section. guished. this title, shall lie only in the United States (2) PIEDRA LISA TRACT.—Subject to the availability of appropriations, the Secretary (c) SPECIAL USE AND CREST FACILITIES District Court for the District of New Mex- shall compensate the Pueblo for the fair AREAS.—Any Pueblo right, title and interest ico. market value of— of any kind, including aboriginal claims, and SEC. ll13. PROVISIONS RELATING TO CON- related boundary, survey, trespass, and mon- TRIBUTIONS AND LAND EXCHANGE. (A) the right-of-way established pursuant to section ll09(h)(3)(C); and etary damage claims, are permanently extin- (a) CONTRIBUTIONS.— (B) the conservation easement established guished in and to— (1) IN GENERAL.—The Secretary may accept (1) the land described in the special use contributions from the Pueblo, or from other by the limitations on use of the Piedra Lisa permit; and persons or governmental entities— tract pursuant to section ll09(b)(2). (2) the land on which the crest facilities (A) to perform and complete a survey of (d) REIMBURSEMENT OF CERTAIN COSTS.— are located. the Area; or (1) IN GENERAL.—The Pueblo, the County of (d) PUEBLO AGREEMENT.—As provided in (B) to carry out any other project or activ- Bernalillo, New Mexico, and any person that the Settlement Agreement, the Pueblo has ity for the benefit of the Area in accordance owns or has owned property inside of the ex- agreed to the relinquishment and extinguish- with this title. terior boundaries of the Area as designated ment of those claims, rights, titles and inter- (2) DEADLINE.—Not later than 1 year after on the map, and who has incurred actual and ests extinguished pursuant to subsection (a), the date of enactment of this Act, the Sec- direct costs as a result of participating in (b) and (c). retary shall complete the survey of the Area the case of Pueblo of Sandia v. Babbitt, Civ. (e) CONSIDERATION.—The recognition of the under paragraph (1)(A). No. 94–2624 HHG (D.D.C.), or other pro- Pueblo’s rights and interests in this title (b) LAND EXCHANGE.— ceedings directly related to resolving the constitutes adequate consideration for the (1) IN GENERAL.—Not later than 180 days issues litigated in that case, may apply for Pueblo’s agreement to the extinguishment of after the date of enactment of this Act, after reimbursement in accordance with this sec- the Pueblo’s claims in this section and the consultation with the Pueblo, the Secretary tion. Costs directly related to such participa- right-of-way grants contained in section shall, in accordance with applicable laws, tion which shall qualify for reimbursement ll09, and it is the intent of Congress that prepare and offer a land exchange of Na- shall be—

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1281 (A) dues or payments to a homeowner asso- (3) to provide the Pueblo, the parties to the Environmental Policy Act of 1969 (42 U.S.C. ciation for the purpose of legal representa- civil action, and the public with a fair and 4321 et seq.); or tion; and just settlement of the Pueblo’s claim. (ii) is carried out to comply with the En- (B) legal fees and related expenses. SEC. ll03. DEFINITIONS. dangered Species Act of 1973 (16 U.S.C. 1531 et (2) TREATMENT OF REIMBURSEMENT.—Any In this title: seq.). reimbursement provided in this subsection (1) AREA.— (9) PIEDRA LISA TRACT.—The term ‘‘Piedra shall be in lieu of that which might other- (A) IN GENERAL.—The term ‘‘Area’’ means Lisa tract’’ means the tract comprised of ap- wise be available pursuant to the Equal Ac- the T’uf Shur Bien Preservation Trust Area, proximately 160 acres of land owned by the cess to Justice Act (24 U.S.C. 2412). comprised of approximately 9890 acres of Pueblo and depicted on the map. (3) PAYMENTS.—The Secretary of the Treas- land in the Cibola National Forest, as de- (10) PUEBLO.—The term ‘‘Pueblo’’ means ury shall make reimbursement payments as picted on the map. the Pueblo of Sandia in its governmental capacity. provided in this section out of any money (B) EXCLUSIONS.—The term ‘‘Area’’ does not otherwise appropriated. not include— (11) SECRETARY.—The term ‘‘Secretary’’ (4) APPLICATIONS.—Not later than 180 days (i) the subdivisions; means the Secretary of Agriculture, acting after the date of enactment of this Act, ap- (ii) Pueblo-owned land; through the Chief of the Forest Service. (12) SETTLEMENT AGREEMENT.—The term plications for reimbursement shall be filed (iii) the crest facilities; or ‘‘Settlement Agreement’’ means the Agree- with the Department of the Treasury, Finan- (iv) the special use permit area. ment of Compromise and Settlement dated cial Management Service, Washington, D.C. (2) CREST FACILITIES.—The term ‘‘crest fa- April 4, 2000, among the United States, the (5) MAXIMUM REIMBURSEMENT.— cilities’’ means— Pueblo, and the Sandia Peak Tram Com- (A) IN GENERAL.—No party shall be reim- (A) all facilities and developments located pany. bursed in excess of $750,000 under this sec- on the crest of Sandia Mountain, including (13) SPECIAL USE PERMIT.—The term ‘‘spe- tion, and the total amount reimbursed in ac- the Sandia Crest Electronic Site; cial use permit’’ means the Special Use Per- cordance with this section shall not exceed (B) electronic site access roads; mit issued December 1, 1993, by the Sec- $3,000,000. (C) the Crest House; (B) OFFSET.—The percentage amount of retary to Sandia Peak Tram Company and (D) the upper terminal, restaurant, and re- Sandia Peak Ski Company each rescission provided for under section 601 lated facilities of Sandia Peak Tram Com- (14) SPECIAL USE PERMIT AREA.— of division N shall be increased by such per- pany; (A) IN GENERAL.—The term ‘‘special use centage amount as is necessary to rescind an (E) the Crest Observation Area; amount of funds equal to the total amount permit area’’ means the land and facilities (F) parking lots; subject to the special use permit. reimbursed under this section. (G) restrooms; (B) INCLUSIONS.—The term ‘‘special use ll SEC. 14. AUTHORIZATION OF APPROPRIA- (H) the Crest Trail (Trail No. 130); permit area’’ includes— TIONS. (I) hang glider launch sites; (i) approximately 46 acres of land used as There are authorized to be appropriated (J) the Kiwanis cabin; and an aerial tramway corridor; such sums as are necessary to carry out this (K) the land on which the facilities de- (ii) approximately 945 acres of land used as title, including such sums as are necessary scribed in subparagraphs (A) through (J) are a ski area; and for the Forest Service to carry out respon- located and the land extending 100 feet along (iii) the land and facilities described in Ex- sibilities of the Forest Service in accordance terrain to the west of each such facility, un- hibit A to the special use permit, including— with section 13(c). ll less a different distance is agreed to in writ- (I) the maintenance road to the lower tram SEC. ll15. EFFECTIVE DATE. ing by the Secretary and the Pueblo and doc- tower; The provisions of this title shall take ef- umented in the survey of the Area. (II) water storage and water distribution fect immediately on enactment of this Act. (3) EXISTING USE.—The term ‘‘existing use’’ facilities; and means a use that— (III) 7 helispots. SA 158. Mr. DOMENICI (for himself (A) is occurring in the Area as of the date (15) SUBDIVISION.—The term ‘‘subdivision’’ and Mr. BINGAMAN) submitted an of enactment of this Act; or means— amendment intended to be proposed by (B) is authorized in the Area after Novem- (A) the subdivision of— him to the joint resolution H.J. Res. 2, ber 1, 1995, but before the date of enactment (i) Sandia Heights Addition; of this Act. making further continuing appropria- (ii) Sandia Heights North Unit I, II, or 3; (4) LA LUZ TRACT.—The term ‘‘La Luz tions for the fiscal year 2003, and for (iii) Tierra Monte; tract’’ means the tract comprised of approxi- (iv) Valley View Acres; or other purposes; which was ordered to mately 31 acres of land owned in fee by the (v) Evergreen Hills; and lie on the table; as follows: Pueblo and depicted on the map. (B) any additional plat or privately-owned On page 547, between lines 4 and 5, insert (5) LOCAL PUBLIC BODY.—The term ‘‘local property depicted on the map. the following: public body’’ means a political subdivision of (16) TRADITIONAL OR CULTURAL USE.—The the State of New Mexico (as defined in New TITLE ll—T’UF SHUR BIEN term ‘‘traditional or cultural use’’ means— Mexico Code 6–5–1). PRESERVATION TRUST AREA (A) a ceremonial activity (including the (6) MAP.—The term ‘‘map’’ means the For- placing of ceremonial materials in the Area); SEC. ll01. SHORT TITLE. est Service map entitled ‘‘T’uf Shur Bien and This title may be cited as the ‘‘T’uf Shur Preservation Trust Area’’ and dated April (B) the use, hunting, trapping, or gathering Bien Preservation Trust Area Act’’. 2000. of plants, animals, wood, water, and other SEC. ll02. FINDINGS AND PURPOSES. (7) MODIFIED USE.— natural resources for a noncommercial pur- (a) FINDINGS.—Congress finds that— (A) IN GENERAL.—The term ‘‘modified use’’ pose. (1) in 1748, the Pueblo of Sandia received a means an existing use that, at any time after SEC. ll04. T’UF SHUR BIEN PRESERVATION grant from a representative of the King of the date of enactment of this Act, is modi- TRUST AREA. Spain, which grant was recognized and con- fied or reconfigured but not significantly ex- (a) ESTABLISHMENT.—The T’uf Shur Bien firmed by Congress in 1858 (11 Stat. 374); and panded. Preservation Trust Area is established with- (2) in 1994, the Pueblo filed a civil action (B) INCLUSIONS.—The term ‘‘modified use’’ in the Cibola National Forest and the Sandia against the Secretary of the Interior and the includes— Mountain Wilderness as depicted on the Secretary of Agriculture in the United (i) a trail or trailhead being modified, such map— States District Court for the District of Co- as to accommodate handicapped access; (1) to recognize and protect in perpetuity lumbia (Civil No. 1:94CV02624), asserting that (ii) a parking area being reconfigured (but the rights and interests of the Pueblo in and Federal surveys of the grant boundaries erro- not expanded); and to the Area, as specified in section ll05(a); neously excluded certain land within the (iii) a special use authorization for a group (2) to preserve in perpetuity the national Cibola National Forest, including a portion recreation use being authorized for a dif- forest and wilderness character of the Area; of the Sandia Mountain Wilderness. ferent use area or time period. and (b) PURPOSES.—The purposes of this title (8) NEW USE.— (3) to recognize and protect in perpetuity are— (A) IN GENERAL.—The term ‘‘new use’’ the longstanding use and enjoyment of the (1) to establish the T’uf Shur Bien Preser- means— Area by the public. vation Trust Area in the Cibola National (i) a use that is not occurring in the Area (b) ADMINISTRATION AND APPLICABLE LAW.— Forest; as of the date of enactment of this Act; and (1) IN GENERAL.—The Secretary shall con- (2) to confirm the status of national forest (ii) an existing use that is being modified tinue to administer the Area as part of the land and wilderness land in the Area while so as to be significantly expanded or altered National Forest System subject to and con- resolving issues associated with the civil ac- in scope, dimension, or impact on the land, sistent with the provisions of this title af- tion referred to in subsection (a)(2) and the water, air, or wildlife resources of the Area. fecting management of the Area. opinions of the Solicitor of the Department (B) EXCLUSIONS.—The term ‘‘new use’’ does (2) TRADITIONAL OR CULTURAL USES.—Tradi- of the Interior dated December 9, 1988 (M– not include a use that— tional or cultural uses by Pueblo members 36963; 96 I.D. 331) and January 19, 2001 (M– (i) is categorically excluded from docu- and members of other federally-recognized 37002); and mentation requirements under the National Indian tribes authorized to use the Area by

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1282 CONGRESSIONAL RECORD — SENATE January 21, 2003 the Pueblo under section ll05(a)(4) shall extent that those uses are not inconsistent uses and modified uses in the Area and au- not be restricted except by— with— thorizations that are anticipated during the (A) the Wilderness Act (16 U.S.C. 1131 et (A) the Wilderness Act (16 U.S.C. 1131 et next 6 months and were approved in the pre- seq.) (including regulations promulgated seq.) (including regulations promulgated ceding 6 months). under that Act) as in effect on the date of en- under that Act) as in effect on the date of en- (2) NEW USES.— actment of this Act; and actment of this Act; or (A) REQUEST FOR CONSENT AFTER CONSULTA- (B) applicable Federal wildlife protection (B) applicable Federal wildlife protection TION.— laws, as provided in section ll06(a)(2). laws as provided in section ll06(a)(2). (i) DENIAL OF CONSENT.—If the Pueblo de- (3) LATER ENACTMENTS.—To the extent that (2) Perpetual preservation of the national nies consent for a new use within 30 days any law enacted or amended after the date of forest and wilderness character of the Area after completion of the consultation process, enactment of this Act is inconsistent with under this title. the Secretary shall not proceed with the new this title, the law shall not apply to the Area (3) Rights in the management of the Area use. unless expressly made applicable by Con- as specified in section ll07, including— (ii) GRANTING OF CONSENT.—If the Pueblo gress. (A) the right to consent or withhold con- consents to the new use in writing or fails to (4) TRUST.—The use of the word ‘‘Trust’’ in sent to a new use; respond within 30 days after completion of the name of the Area— (B) the right to consultation regarding a the consultation process, the Secretary may (A) is in recognition of the specific rights modified use; proceed with the notice and comment proc- and interests of the Pueblo in the Area; and (C) the right to consultation regarding the ess and the environmental analysis. (B) does not confer on the Pueblo the own- management and preservation of the Area; (B) FINAL REQUEST FOR CONSENT.— ership interest that exists in a case in which and (i) REQUEST.—Before the Secretary (or a the Secretary of the Interior accepts the (D) the right to dispute resolution proce- designee) signs a record of decision or deci- title to land held in trust for the benefit of dures. sion notice for a proposed new use, the Sec- an Indian tribe. (4) Exclusive authority, in accordance with retary shall again request the consent of the (c) MAP.— the customs and laws of the Pueblo, to ad- Pueblo. (1) FILING.—As soon as practicable after minister access to the Area for traditional or (ii) DENIAL OF CONSENT.—If the Pueblo de- the date of enactment of this Act, the Sec- cultural uses by members of the Pueblo and nies consent for a new use within 30 days retary shall file the map and a legal descrip- of other federally-recognized Indian tribes. after receipt by the Pueblo of the proposed tion of the Area with the Committee on Re- (5) Such other rights and interests as are record of decision or decision notice, the new sources of the House of Representatives and recognized in sections ll04, ll05(c), ll07, use shall not be authorized. with the Committee on Energy and Natural ll08, and ll09. (iii) FAILURE TO RESPOND.—If the Pueblo Resources of the Senate. (b) ACCESS.— Except as provided in sub- fails to respond to the consent request with- (2) PUBLIC AVAILABILITY.—The map and section (a)(4), access to and use of the Area in 30 days after receipt of the proposed legal description shall be on file and avail- for all other purposes shall continue to be record of decision or decision notice— able for public inspection in the Office of the administered by the Secretary. (I) the Pueblo shall be deemed to have con- Chief of the Forest Service, Washington, Dis- (c) COMPENSABLE INTEREST.— sented to the proposed record of decision or trict of Columbia. (1) IN GENERAL.—If, by an Act of Congress decision notice; and (3) EFFECT.—The map and legal description enacted after the date of enactment of this (II) the Secretary may proceed to issue the filed under paragraph (1) shall have the same Act, Congress diminishes the national forest final record of decision or decision notice. effect as if the map and legal description or wilderness designation of the Area by au- (3) PUBLIC INVOLVEMENT.— were included in this title, except that— thorizing a use prohibited by section (A) IN GENERAL.—With respect to a pro- (A) technical and typographical errors ll04(e) in all or any portion of the Area, or posed new use or modified use, the public shall be corrected; denies the Pueblo access for any traditional shall be provided notice of— (B) changes that may be necessary under or cultural use in all or any portion of the (i) the purpose and need for the proposed subsection (b), (d), or (e) of section ll09 or Area— new use or modified use; subsection (b) or (c) of section ll13 shall be (A) the United States shall compensate the (ii) the role of the Pueblo in the decision- made; and Pueblo as if the Pueblo held a fee title inter- making process; and (C) to the extent that the map and the lan- est in the affected portion of the Area and as (iii) the position of the Pueblo on the pro- guage of this title conflict, the language of though the United States had acquired such posal. this title shall control. an interest by legislative exercise of the (B) COURT CHALLENGE.—Any person may (d) NO CONVEYANCE OF TITLE.—No right, power of eminent domain; and bring a civil action in the United States Dis- title, or interest of the United States in or to (B) the restrictions of sections ll04(e) trict Court for the District of New Mexico to the Area or any part of the Area shall be and ll06(a) shall be disregarded in deter- challenge a determination by the Secretary conveyed to or exchanged with any person, mining just compensation owed to the Pueb- concerning whether a use constitutes a new trust, or governmental entity, including the lo. use or a modified use. Pueblo, without specific authorization of (2) EFFECT.—Any compensation made to (b) EMERGENCIES AND EMERGENCY CLOSURE Congress. the Pueblo under paragraph (c) shall not af- (e) PROHIBITED USES.— ORDERS.— fect the extinguishment of claims under sec- (1) IN GENERAL.—Notwithstanding any (1) AUTHORITY.—The Secretary shall retain tion ll10. other provision of law— the authority of the Secretary to manage (A) no use prohibited by the Wilderness SEC. ll06. LIMITATIONS ON PUEBLO RIGHTS emergency situations, to— AND INTERESTS IN THE AREA. Act (16 U.S.C. 1131 et seq.) as of the date of (A) provide for public safety; and (a) LIMITATIONS.—The rights and interests enactment of this Act shall be permitted in (B) issue emergency closure orders in the of the Pueblo recognized in this title do not the wilderness portion of the Area; and Area subject to applicable law. include— (B) none of the following uses shall be per- (2) NOTICE.—The Secretary shall notify the (1) any right to sell, grant, lease, convey, mitted in any portion of the Area: Pueblo regarding emergencies, public safety encumber, or exchange land or any interest (i) Gaming or gambling. issues, and emergency closure orders as soon in land in the Area (and any such convey- (ii) Mineral production. as practicable. ance shall not have validity in law or eq- (iii) Timber production. (3) NO CONSENT.—An action of the Sec- uity); (iv) Any new use to which the Pueblo ob- retary described in paragraph (1) shall not (2) any exemption from applicable Federal jects under section ll05(a)(3). require the consent of the Pueblo. wildlife protection laws; (2) MINING CLAIMS.—The Area is closed to (c) DISPUTES INVOLVING FOREST SERVICE the location of mining claims under section (3) any right to engage in a use prohibited MANAGEMENT AND PUEBLO TRADITIONAL 2320 of the Revised Statutes (30 U.S.C. 23) by section ll04(e); or USES.— (commonly known as the ‘‘Mining Law of (4) any right to exclude persons or govern- (1) IN GENERAL.—In a case in which the 1872’’). mental entities from the Area. management of the Area by the Secretary (f) NO MODIFICATION OF BOUNDARIES.—Es- (b) EXCEPTION.—No person who exercises conflicts with a traditional or cultural use, if tablishment of the Area shall not— traditional or cultural use rights as author- the conflict does not pertain to a new use (1) affect the boundaries of or repeal or dis- ized by section ll05(a)(4) may be prosecuted subject to the process specified in subsection establish the Sandia Mountain Wilderness or for a Federal wildlife offense requiring proof (a)(2), the process for dispute resolution spec- the Cibola National Forest; or of a violation of a State law (including regu- ified in this subsection shall apply. (2) modify the existing boundary of the lations). (2) DISPUTE RESOLUTION PROCESS.— Pueblo grant. SEC. ll07. MANAGEMENT OF THE AREA. (A) IN GENERAL.—In the case of a conflict SEC. ll05. PUEBLO RIGHTS AND INTERESTS IN (a) PROCESS.— described in paragraph (1)— THE AREA. (1) IN GENERAL.—The Secretary shall con- (i) the party identifying the conflict shall (a) IN GENERAL.—The Pueblo shall have the sult with the Pueblo not less than twice each notify the other party in writing addressed following rights and interests in the Area: year, unless otherwise mutually agreed, con- to the Governor of the Pueblo or the Re- (1) Free and unrestricted access to the cerning protection, preservation, and man- gional Forester, as appropriate, specifying Area for traditional or cultural uses, to the agement of the Area (including proposed new the nature of the dispute; and

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(ii) the Governor of the Pueblo or the Re- (B) REGULATORY JURISDICTION.—The Pueblo pose, including adjudicatory, taxing, zoning, gional Forester shall attempt to resolve the shall have no regulatory jurisdiction over regulatory or any other form of jurisdiction, dispute for a period of at least 30 days after the Area, except that the Pueblo shall have over the land on which the crest facilities notice has been provided before bringing a exclusive authority to— are located and property interests therein, civil action in the United States District (i) regulate traditional or cultural uses by and the laws of the Pueblo, shall not apply to Court for the District of New Mexico. the members of the Pueblo and administer that land. The preexisting jurisdictional sta- (B) DISPUTES REQUIRING IMMEDIATE RESOLU- access to the Area by other federally-recog- tus of that land shall continue in effect. TION.—In the case of a conflict that requires nized Indian tribes for traditional or cultural (d) SPECIAL USE PERMIT AREA.— immediate resolution to avoid imminent, uses, to the extent such regulation is con- (1) IN GENERAL.—The land described in the substantial, and irreparable harm— sistent with this title; and special use permit is excluded from the Area. (i) the party identifying the conflict shall (ii) regulate hunting and trapping in the (2) JURISDICTION.— notify the other party and seek to resolve Area by members of the Pueblo, to the ex- (A) IN GENERAL.—The Pueblo shall have no the dispute within 3 days of the date of noti- tent that the hunting or trapping is related civil or criminal jurisdiction for any pur- fication; and to traditional or cultural uses, except that pose, including adjudicatory, taxing, zoning, (ii) if the parties are unable to resolve the such hunting and trapping outside of that regulatory, or any other form of jurisdiction, dispute within 3 days— portion of the Area in sections 13, 14, 23, 24, over the land described in the special use (I) either party may bring a civil action for and the northeast quarter of section 25 of permit, and the laws of the Pueblo shall not immediate relief in the United States Dis- T12N, R4E, and section 19 of T12N, R5E, apply to that land. trict Court for the District of New Mexico; N.M.P.M., Sandoval County, New Mexico, (B) PREEXISTING STATUS.—The preexisting and shall be regulated by the Pueblo in a manner jurisdictional status of that land shall con- (II) the procedural requirements specified consistent with the regulations of the State tinue in effect. in subparagraph (A) shall not apply. of New Mexico concerning types of weapons (3) AMENDMENT TO PLAN.—In the event the SEC. ll08. JURISDICTION OVER THE AREA. and proximity of hunting and trapping to special use permit, during its existing term (a) CRIMINAL JURISDICTION.— trails and residences. or any future terms or extensions, requires (1) IN GENERAL.—Notwithstanding any (C) TAXING JURISDICTION.—The Pueblo shall amendment to include other land in the Area other provision of law, jurisdiction over have no authority to impose taxes within the necessary to realign the existing or any fu- crimes committed in the Area shall be allo- Area. ture replacement tram line, associated cated as provided in this paragraph. (3) STATE AND LOCAL TAXING JURISDICTION.— structures, or facilities, the land subject to (2) JURISDICTION OF THE PUEBLO.—The The State of New Mexico and local public that amendment shall thereafter be excluded Pueblo shall have jurisdiction over an of- bodies shall have no authority within the from the Area and shall have the same sta- fense committed by a member of the Pueblo Area to tax the uses or the property of the tus under this title as the land currently de- or of another federally-recognized Indian Pueblo, members of the Pueblo, or members scribed in the special use permit. tribe who is present in the Area with the per- of other federally-recognized Indian tribes (4) LAND DEDICATED TO AERIAL TRAMWAY mission of the Pueblo under section authorized to use the Area under section AND RELATED USES.—Any land dedicated to ll05(a)(4). ll05(a)(4). aerial tramway and related uses and associ- (3) JURISDICTION OF THE UNITED STATES.— SEC. ll09. SUBDIVISIONS AND OTHER PROP- ated facilities that are excluded from the The United States shall have jurisdiction ERTY INTERESTS. special use permit through expiration, ter- over— (a) SUBDIVISIONS.— mination or the amendment process shall (A) an offense described in section 1153 of (1) IN GENERAL.—The subdivisions are ex- thereafter be included in the Area, but only cluded from the Area. title 18, United States Code, committed by a after final agency action no longer subject to (2) JURISDICTION.— member of the Pueblo or another federally- any appeals. recognized Indian tribe; (A) IN GENERAL.—The Pueblo shall have no (e) LA LUZ TRACT.— (B) an offense committed by any person in civil or criminal jurisdiction for any pur- (1) IN GENERAL.—The La Luz tract now violation of the laws (including regulations) pose, including adjudicatory, taxing, zoning, owned in fee by the Pueblo is excluded from pertaining to the protection and manage- regulatory or any other form of jurisdiction, the Area and, on application by the Pueblo, ment of national forests; over the subdivisions and property interests shall be transferred to the United States and (C) enforcement of Federal criminal laws therein, and the laws of the Pueblo shall not held in trust for the Pueblo by the United of general applicability; and apply to the subdivisions. States and administered by the Secretary of (D) any other offense committed by a (B) STATE JURISDICTION.—The jurisdiction the Interior subject to all limitations on use member of the Pueblo against a person not a of the State of New Mexico and local public pertaining to the Area contained in this member of the Pueblo. bodies over the subdivisions and property in- title. URISDICTION OF THE STATE OF NEW MEX (4) J - terests therein shall continue in effect, ex- (2) NONAPPLICABILITY OF CERTAIN RESTRIC- ICO.—The State of New Mexico shall have ju- cept that on application of the Pueblo a TION.—The restriction contained in section risdiction over an offense under the law of tract comprised of approximately 35 contig- ll06(a)(4) shall not apply outside of Forest the State committed by a person not a mem- uous, nonsubdivided acres in the northern Service System trails. ber of the Pueblo. section of Evergreen Hills owned in fee by (f) EVERGREEN HILLS ACCESS.—The Sec- (5) OVERLAPPING JURISDICTION.—To the ex- the Pueblo at the time of enactment of this retary shall ensure that Forest Service Road tent that the respective allocations of juris- Act, shall be transferred to the United 333D, as depicted on the map, is maintained diction over the Area under paragraphs (2), States and held in trust for the Pueblo by in an adequate condition in accordance with (3), and (4) overlap, the governments shall the United States and administered by the section 1323(a) of the Alaska National Inter- have concurrent jurisdiction. Secretary of the Interior. est Lands Conservation Act (16 U.S.C. (6) FEDERAL USE OF STATE LAW.—Under the (3) LIMITATIONS ON TRUST LAND.—Trust 3210(a)). jurisdiction of the United States described in land described in paragraph (2)(B) shall be (g) PUEBLO FEE LAND.—Those properties paragraph (3)(D), Federal law shall incor- subject to all limitations on use pertaining not specifically addressed in subsections (a) porate any offense defined and punishable to the Area contained in this title. or (e) that are owned in fee by the Pueblo under State law that is not so defined under (b) PIEDRA LISA.— within the subdivisions are excluded from Federal law. (1) IN GENERAL.—The Piedra Lisa tract is the Area and shall be subject to the jurisdic- (b) CIVIL JURISDICTION.— excluded from the Area. tional provisions of subsection (a). (1) IN GENERAL.—Except as provided in (2) DECLARATION OF TRUST TITLE.—The (h) RIGHTS-OF-WAY.— paragraphs (2) and (3), the United States, the Piedra Lisa tract— (1) ROAD RIGHTS-OF-WAY.— State of New Mexico, and local public bodies (A) shall be transferred to the United (A) IN GENERAL.—In accordance with the shall have the same civil adjudicatory, regu- States; Pueblo having given its consent in the Set- latory, and taxing jurisdiction over the Area (B) is declared to be held in trust for the tlement Agreement, the Secretary of the In- as was exercised by those entities on the day Pueblo by the United States; and terior shall grant to the County of before the date of enactment of this Act. (C) shall be administered by the Secretary Bernalillo, New Mexico, in perpetuity, the (2) JURISDICTION OF THE PUEBLO.— of the Interior subject to all limitations on following irrevocable rights-of-way for roads (A) IN GENERAL.—The Pueblo shall have ex- use pertaining to the Area contained in this identified on the map in order to provide for clusive civil adjudicatory jurisdiction over— title. public access to the subdivisions, the special (i) a dispute involving only members of the (3) APPLICABILITY OF CERTAIN RESTRIC- use permit land and facilities, the other Pueblo; TION.—The restriction contained in section leasehold and easement rights and interests (ii) a civil action brought by the Pueblo ll06(a)(4) shall not apply outside of Forest of the Sandia Peak Tram Company and its against a member of the Pueblo; and Service System trails. affiliates, the Sandia Heights South Subdivi- (iii) a civil action brought by the Pueblo (c) CREST FACILITIES.— sion, and the Area— against a member of another federally-recog- (1) IN GENERAL.—The land on which the (i) a right-of-way for Tramway Road; nized Indian tribe for a violation of an under- crest facilities are located is excluded from (ii) a right-of-way for Juniper Hill Road standing between the Pueblo and the other the Area. North; tribe regarding use of or access to the Area (2) JURISDICTION.—The Pueblo shall have (iii) a right-of-way for Juniper Hill Road for traditional or cultural uses. no civil or criminal jurisdiction for any pur- South;

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(iv) a right-of-way for Sandia Heights date of enactment of this Act), as well as re- (c) VENUE.—Venue for any civil action pro- Road; and lated boundary, survey, trespass, and mone- vided for in this section, as well as any civil (v) a right-of-way for Juan Tabo Canyon tary damage claims, are permanently extin- action to contest the constitutionality of Road (Forest Road No. 333). guished. this title, shall lie only in the United States (B) CONDITIONS.—The road rights-of-way (c) SPECIAL USE AND CREST FACILITIES District Court for the District of New Mex- shall be subject to the following conditions: AREAS.—Any Pueblo right, title and interest ico. (i) Such rights-of-way may not be expanded of any kind, including aboriginal claims, and SEC. ll13. PROVISIONS RELATING TO CON- or otherwise modified without the Pueblo’s related boundary, survey, trespass, and mon- TRIBUTIONS AND LAND EXCHANGE. written consent, but road maintenance to etary damage claims, are permanently extin- (a) CONTRIBUTIONS.— the rights-of-way shall not be subject to guished in and to— (1) IN GENERAL.—The Secretary may accept Pueblo consent. (1) the land described in the special use contributions from the Pueblo, or from other (ii) The rights-of-way shall not authorize permit; and persons or governmental entities— uses for any purpose other than roads with- (2) the land on which the crest facilities (A) to perform and complete a survey of out the Pueblo’s written consent. are located. the Area; or (iii) Except as provided in the Settlement (d) PUEBLO AGREEMENT.—As provided in (B) to carry out any other project or activ- Agreement, existing rights-of-way or lease- the Settlement Agreement, the Pueblo has ity for the benefit of the Area in accordance hold interests and obligations held by the agreed to the relinquishment and extinguish- with this title. Sandia Peak Tram Company and its affili- ment of those claims, rights, titles and inter- (2) DEADLINE.—Not later than 1 year after ates, shall be preserved, protected, and unaf- ests extinguished pursuant to subsection (a), the date of enactment of this Act, the Sec- fected by this title. (b) and (c). retary shall complete the survey of the Area (2) UTILITY RIGHTS-OF-WAY.—In accordance (e) CONSIDERATION.—The recognition of the under paragraph (1)(A). with the Pueblo having given its consent in Pueblo’s rights and interests in this title (b) LAND EXCHANGE.— the Settlement Agreement, the Secretary of constitutes adequate consideration for the (1) IN GENERAL.—Not later than 180 days the Interior shall grant irrevocable utility Pueblo’s agreement to the extinguishment of after the date of enactment of this Act, after rights-of-way in perpetuity across Pueblo the Pueblo’s claims in this section and the consultation with the Pueblo, the Secretary land to appropriate utility or other service right-of-way grants contained in section shall, in accordance with applicable laws, providers serving Sandia Heights Addition, ll09, and it is the intent of Congress that prepare and offer a land exchange of Na- Sandia Heights North Units I, II, and 3, the those rights and interests may only be ditional Forest land outside the Area and con- special use permit land, Tierra Monte, and minished by a future Act of Congress specifi- tiguous to the northern boundary of the Valley View Acres, including rights-of-way cally authorizing diminishment of such Pueblo’s Reservation within sections 10, 11, for natural gas, power, water, telecommuni- rights, with express reference to this title. and 14 of T12N, R4E, N.M.P.M., Sandoval cations, and cable television services. Such SEC. ll11. CONSTRUCTION. County, New Mexico excluding wilderness rights-of-way shall be within existing utility (a) STRICT CONSTRUCTION.—This title recog- land, for land owned by the Pueblo in the Ev- corridors as depicted on the map or, for cer- nizes only enumerated rights and interests, ergreen Hills subdivision in Sandoval County tain water lines, as described in the existing and no additional rights, interests, obliga- contiguous to National Forest land, and the grant of easement to the Sandia Peak Util- tions, or duties shall be created by implica- La Luz tract in Bernalillo County. ity Company; provided that use of water line tion. (2) ACCEPTANCE OF PAYMENT.—Notwith- easements outside the utility corridors de- (b) EXISTING RIGHTS.—To the extent there standing section 206(b) of the Federal Land picted on the map shall not be used for util- exist within the Area as of the date of enact- Policy and Management Act (43 U.S.C. ity purposes other than water lines and asso- ment of this Act any valid private property 1716(b)), the Secretary may either make or ciated facilities. Except where above-ground rights associated with private land that are accept a cash equalization payment in excess facilities already exist, all new utility facili- not otherwise addressed in this title, such of 25 percent of the total value of the land or ties shall be installed underground unless rights are not modified or otherwise affected interests transferred out of Federal owner- the Pueblo agrees otherwise. To the extent by this title, nor is the exercise of any such ship. that enlargement of existing utility cor- right subject to the Pueblo’s right to with- (3) FUNDS RECEIVED.—Any funds received ridors is required for any technologically-ad- hold consent to new uses in the Area as set by the Secretary as a result of the exchange vanced telecommunication, television, or forth in section ll05(a)(3)(A). shall be deposited in the fund established utility services, the Pueblo shall not unrea- (c) NOT PRECEDENT.—The provisions of this under the Act of December 4, 1967, known as sonably withhold agreement to a reasonable title creating certain rights and interests in the Sisk Act (16 U.S.C. 484a), and shall be enlargement of the easements described the National Forest System are uniquely available to purchase non-Federal land with- above. suited to resolve the Pueblo’s claim and the in or adjacent to the National Forests in the (3) FOREST SERVICE RIGHTS-OF-WAY.—In ac- geographic and societal situation involved, State of New Mexico. cordance with the Pueblo having given its and shall not be construed as precedent for (4) TREATMENT OF LAND EXCHANGED OR CON- consent in the Settlement Agreement, the any other situation involving management VEYED.—All land exchanged or conveyed to Secretary of the Interior shall grant to the of the National Forest System. the Pueblo is declared to be held in trust for Forest Service the following irrevocable (d) FISH AND WILDLIFE.—Except as provided the Pueblo by the United States and added rights-of-way in perpetuity for Forest Serv- in section ll08(b)(2)(B), nothing in this to the Pueblo’s Reservation subject to all ex- ice trails crossing land of the Pueblo in order title shall be construed as affecting the re- isting and outstanding rights and shall re- to provide for public access to the Area and sponsibilities of the State of New Mexico main in its natural state and shall not be through Pueblo land— with respect to fish and wildlife, including subject to commercial development of any (A) a right-of-way for a portion of the the regulation of hunting, fishing, or trap- kind. Land exchanged or conveyed to the Crest Spur Trail (Trail No. 84), crossing a ping within the Area. Forest Service shall be subject to all limita- portion of the La Luz tract, as identified on (e) FEDERAL LAND POLICY AND MANAGE- tions on use pertaining to the Area under the map; MENT ACT.—Section 316 of the Federal Land this title. (B) a right-of-way for the extension of the Policy and Management Act of 1976 (43 (5) FAILURE TO MAKE OFFER.—If the land ex- Foothills Trail (Trail No. 365A), as identified U.S.C. 1746) is amended by adding at the end change offer is not made by the date that is on the map; and the following: ‘‘Any corrections authorized 180 days after the date of enactment of this (C) a right-of-way for that portion of the by this section which affect the boundaries Act, the Secretary shall submit to the Com- Piedra Lisa North-South Trail (Trail No. 135) of, or jurisdiction over, land administered by mittee on Energy and Natural Resources of crossing the Piedra Lisa tract. another Federal agency shall be made only the United States Senate and the Committee SEC. ll10. EXTINGUISHMENT OF CLAIMS. after consultation with, and the approval of, on Resources of the United States House of (a) IN GENERAL.—Except for the rights and the head of such other agency.’’ Representatives, a report explaining the rea- interests in and to the Area specifically rec- SEC. ll12. JUDICIAL REVIEW. sons for the failure to make the offer includ- ognized in sections ll04, ll05, ll07, (a) ENFORCEMENT.—A civil action to ening an assessment of the need for any addi- ll08, and ll09, all Pueblo claims to right, force the provisions of this title may be tional legislation that may be necessary for title and interest of any kind, including ab- brought to the extent permitted under chap- the exchange. If additional legislation is not original claims, in and to land within the ter 7 of title 5, United States Code. Judicial necessary, the Secretary, consistent with Area, any part thereof, and property inter- review shall be based on the administrative this section, should proceed with the ex- ests therein, as well as related boundary, record and subject to the applicable standard change pursuant to existing law. survey, trespass, and monetary damage of review set forth in section 706 of title 5, (c) LAND ACQUISITION AND OTHER COM- claims, are permanently extinguished. The United States Code. PENSATION.— United States’ title to the Area is confirmed. (b) WAIVER.—A civil action may be brought (1) IN GENERAL.—The Secretary may ac- (b) SUBDIVISIONS.—Any Pueblo claims to against the Pueblo for declaratory judgment quire land owned by the Pueblo within the right, title and interest of any kind, includ- or injunctive relief under this title, but no Evergreen Hills Subdivision in Sandoval ing aboriginal claims, in and to the subdivi- money damages, including costs or attor- County or any other privately held land in- sions and property interests therein (except ney’s fees, may be imposed on the Pueblo as side of the exterior boundaries of the Area. for land owned in fee by the Pueblo as of the a result of such judicial action. The boundaries of the Cibola National Forest

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1285 and the Area shall be adjusted to encompass submit an annual report to the Secretary de- (A) was established by an air carrier which any land acquired pursuant to this section. tailing the expenditures of the board.’’ was granted a conditional loan guarantee by (2) PIEDRA LISA TRACT.—Subject to the the Air Transport Stabilization Board on availability of appropriations, the Secretary SA 160. Mr. STEVENS submitted an July 10, 2002, and which filed for protection shall compensate the Pueblo for the fair amendment intended to be proposed by under chapter 11 of title 11, United States market value of— him to the joint resolution H.J. Res. 2, Code, on August 11, 2002, and (A) the right-of-way established pursuant making further continuing appropria- (B) is maintained for the benefit of such to section ll09(h)(3)(C); and tions for the fiscal year 2003, and for carrier’s employees pursuant to a collective (B) the conservation easement established other purposes; which was ordered to bargaining agreement. by the limitations on use of the Piedra Lisa (2) SPECIAL FUNDING RULE.— tract pursuant to section ll09(b)(2). lie on the table, as follows: (A) IN GENERAL.—In the case of a plan de- (d) REIMBURSEMENT OF CERTAIN COSTS.— On page 183, line 25, insert the following scribed in paragraph (1), the minimum fund- (1) IN GENERAL.—The Pueblo, the County of after ‘‘contributions.’’: ‘‘Such amounts shall ing requirements under this paragraph shall Bernalillo, New Mexico, and any person that be subject only to conditions and require- be the requirements set forth in Treasury owns or has owned property inside of the ex- ments required by the Maritime Administra- Regulation section 1.412(c)(1)–3 (as in effect terior boundaries of the Area as designated tion.’’ on the date of the enactment of this section). on the map, and who has incurred actual and (B) RULES OF SPECIAL APPLICATION.—In ap- direct costs as a result of participating in SA 161. Mr. DOMENICI (for himself plying the requirements of Treasury Regula- the case of Pueblo of Sandia v. Babbitt, Civ. and Mr. BINGAMAN) submitted an tion section 1.412(c)(1)–3 for purposes of para- No. 94–2624 HHG (D.D.C.), or other pro- amendment intended to be proposed by graph (1)— ceedings directly related to resolving the him to the joint resolution H.J. Res. 2, (i) the plan shall be treated as having met issues litigated in that case, may apply for making further continuing appropria- the requirements of Treasury Regulation reimbursement in accordance with this sections for the fiscal year 2003, and for section 1.412(c)(1)–3(a)(2), tion. Costs directly related to such participa- other purposes; which was ordered to (ii) the payment schedules shall be deter- tion which shall qualify for reimbursement mined— shall be— lie on the table; as follows: (I) by using the maximum amortization pe- (A) dues or payments to a homeowner asso- On page 295 at the end of line 24 insert the riod permitted under section 1.412(c)(1)–3, ciation for the purpose of legal representa- following new section: and tion; and ‘‘Sec. 3XX. None of the funds appropriated (II) on the basis of the actuarial valuation (B) legal fees and related expenses. by this or any other Act may be used to of the accrued liability and the current li- (2) TREATMENT OF REIMBURSEMENT.—Any defer, deobligate, withdraw to headquarters, ability of the plan as of January 1, 2003, less reimbursement provided in this subsection reserve for contemplated future rescissions, the actuarial value of the plan assets on that shall be in lieu of that which might other- or otherwise adversely affect the planned date, wise be available pursuant to the Equal Ac- and continuing expenditure of funds pre- (iii) the payments under a restoration pay- cess to Justice Act (24 U.S.C. 2412). viously made available for Cerro Grande Fire ment schedule shall be made in level (3) PAYMENTS.—The Secretary of the Treas- Activities in P.L. 106–246 and P.L. 106–377. amounts over the payment period, and ury shall make reimbursement payments as (iv) the actuarial value of assets shall be provided in this section out of any money SA 162. Mr. FITZGERALD (for him- the fair market value of such assets as of not otherwise appropriated as provided in ad- self, Mrs. CLINTON, and Mrs. DOLE) sub- January 1, 2003, with prospective investment vance in appropriations acts. mitted an amendment intended to be returns in excess of or less than the assumed (4) APPLICATIONS.—Not later than 180 days proposed by him to the joint resolution return phased in over 5 years. after the date of enactment of this Act, ap- H.J. Res. 2, making further continuing (b) EFFECTIVE DATE.—The amendments plications for reimbursement shall be filed appropriations for the fiscal year 2003, made by this section shall apply to plan with the Department of the Treasury, Finan- and for other purposes; which was or- years beginning after December 31, 2002. cial Management Service, Washington, D.C. dered to lie on the table; as follows: (5) MAXIMUM REIMBURSEMENT.— SA 165. Mr. BYRD submitted an On page 335, line 10, before the period at (A) IN GENERAL.—No party shall be reim- amendment intended to be proposed by bursed in excess of $750,000 under this sec- the end of the line insert the following: ‘‘Pro- him to the joint resolution H.J. Res. 2, tion, and the total amount reimbursed in ac- vided further, That funds appropriated under this heading may be made available for a making further continuing appropria- cordance with this section shall not exceed tions for the fiscal year 2003, and for $3,000,000. headquarters contribution to the Inter- national Committee of the Red Cross only if other purposes; which was ordered to SEC. ll14. AUTHORIZATION OF APPROPRIA- TIONS. the Secretary of State determines (and so re- lie on the table; as follows: There are authorized to be appropriated ports to the appropriate committees of Con- On page 641, line 10, insert ‘‘President Pro such sums as are necessary to carry out this gress) that the Magen David Adom Society Tempore emeritus, $7,500;’’ before ‘‘Chairmen title, including such sums as are necessary of Israel is not being denied participation in of the Majority and Minority Conference for the Forest Service to carry out respon- the activities of the International Red Cross Committees’’. sibilities of the Forest Service in accordance and Red Crescent Movement’’. On page 641, line 13, strike ‘‘$120,000’’ and with section ll13(c). SA 163. Mr. FITZGERALD submitted insert ‘‘$127,500’’. SEC. ll15. EFFECTIVE DATE. an amendment intended to be proposed On page 641, line 22, strike ‘‘$116,891,000’’ The provisions of this title shall take ef- by him to the joint resolution H.J. Res. and insert ‘‘$117,041,000’’. fect immediately on enactment of this Act. 2, making further continuing appro- On page 642, between lines 3 and 4, insert: OFFICE OF THE PRESIDENT PRO TEMPORE Mr. STEVENS submitted an priations for the fiscal year 2003, and SA 159 EMERITUS amendment intended to be proposed by for other purposes; which was ordered to lie on the table; as follows: For the Office of the President Pro Tem- him to the joint resolution H.J. Res. 2, pore emeritus, $150,000. making further continuing appropria- Strike section 741. On page 645, line 2, strike ‘‘$18,513,000’’ and tions for the fiscal year 2003, and for Mr. SPECTER submitted an insert ‘‘$18,355,500’’. other purposes; which was ordered to SA 164. amendment intended to be proposed by On page 650, between lines 23 and 24, insert: lie on the table; as follows: him to the joint resolution H.J. Res. 2, SEC. 8. OFFICE OF THE PRESIDENT PRO TEM- On page 237, at the end of line 15, insert the making further continuing appropria- PORE EMERITUS OF THE SENATE. following: ‘‘Such amount shall be made tions for the fiscal year 2003, and for (a) ESTABLISHMENT.—There is established available as a direct lump sum payment to the Office of the President pro tempore the Alaska Fisheries Marketing Board (here- other purposes; which was ordered to emeritus of the Senate. inafter ‘Board’) which is hereby established lie on the table; as follows: (b) DESIGNATION.—Any Member of the Sen- to award grants to market, develop, and pro- At the appropriate place, insert: ate who— mote Alaska seafood and improve related SEC. 641. MODIFICATION OF FUNDING REQUIRE- (1) is designated by the Senate as the technology and transportation with empha- MENTS FOR CERTAIN PLANS. President pro tempore emeritus of the sis on wild salmon, of which 20 percent shall (a) FUNDING RULES FOR CERTAIN PLANS.— United States Senate; and be transferred to the Alaska Seafood Mar- (1) IN GENERAL.—Notwithstanding any (2) is serving as a Member of the Senate, keting Institute. The Board shall be trans- other provision of the Internal Revenue Code shall be the President pro tempore emeritus ferred to the Alaska Seafood Marketing In- of 1986 or the Employee Retirement Income of the United States Senate. stitute. The Board shall be appointed by the Security Act of 1974, the minimum funding (c) APPOINTMENT AND COMPENSATION OF EM- Secretary of Commerce and shall be adminis- rules under paragraph (2) shall apply for any PLOYEES.—The President pro tempore emer- tered by an Executive Director to be ap- plan year beginning after December 31, 2002, itus is authorized to appoint and fix the com- pointed by the Secretary. The Board shall in the case of a defined benefit plan which— pensation of such employees as the President

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1286 CONGRESSIONAL RECORD — SENATE January 21, 2003 pro tempore emeritus determines appro- deemed to refer to the United States-China That this amount is transferred to the Cen- priate. Economic and Security Review Commission. ters for Disease Control and Prevention. (d) EXPENSE ALLOWANCE.—There is author- (c) MEMBERSHIP AND TERMS.— ized an expense allowance for the President (1) IN GENERAL.—Section 1238(b)(3) of the SA 169. Mr. BYRD submitted an pro tempore emeritus which shall not exceed Floyd D. Spencer National Defense Author- amendment intended to be proposed by $7,500 each fiscal year. The President pro ization Act of 2001 (22 U.S.C. 7002) is amend- him to the joint resolution H.J. Res. 2, tempore emeritus may receive the expense ed— making further continuing appropria- allowance (1) as reimbursement for actual (A) in the matter preceding subparagraph tions for the fiscal year 2003, and for expenses incurred upon certification and (A), by striking ‘‘12 members’’ and inserting other purposes; which was ordered to documentation of such expenses by the ‘‘8 members’’; and lie on the table; as follows: President pro tempore emeritus, or (2) in (B) by striking subparagraph (F) and in- equal monthly payments. Such amounts paid serting the following: At the appropriate place in the joint reso- to the President pro tempore emeritus as re- ‘‘(F) each appointing authority referred to lution insert the following: imbursement of actual expenses incurred under subparagraphs (A) through (D) of this DEPARTMENT OF JUSTICE upon certification and documentation under paragraph shall— GENERAL ADMINISTRATION this subsection, shall not be reported as in- ‘‘(i) appoint 2 members to the Commission; SALARIES AND EXPENSES come, and the expenses so reimbursed shall ‘‘(ii) make the 2 appointments with respect For an additional amount for ‘‘Salaries not be allowed as a deduction under the In- to the 108th Congress on a staggered term and Expenses’’, $363,000,000, to remain avail- ternal Revenue Code of 1986. basis, such that— able until expended, only for the Entry Exit (e) EFFECTIVE DATE.—This section shall ‘‘(I) 1 appointment shall be for a term ex- System, to be managed by the Justice Man- take effect on the date of enactment of this piring on December 31, 2003; and agement Division: Provided, That none of the Act and shall apply only with respect to the ‘‘(II) 1 appointment shall be for a term ex- funds appropriated in this Act, or in Public 108th Congress. piring on December 31, 2004; Law 107–117, for the Immigration and Natu- ‘‘(iii) make all appointments with respect ralization Service’s Entry Exist System may SA 166. Mr. BYRD submitted an to the 109th Congress, and each subsequent be obligated until the INS submits a plan for amendment intended to be proposed by Congress, on an approximate 2-year term expenditure that: (1) meets the capital plan- him to the joint resolution H.J. Res. 2, basis to expire on December 31 of the appli- ning and investment control review require- making further continuing appropria- cable year; and ments established by the Office of Manage- tions for the fiscal year 2003, and for ‘‘(iv) make appointments not later than 30 ment and Budget, including OMB Circular A– other purposes; which was ordered to days after the date on which each new Con- 11, part 3; (2) complies with the acquisition rules, requirements, guidelines, and systems lie on the table; as follows: gress convenes;’’. (2) EFFECTIVE DATE.—This subsection shall acquisition management practices of the On page 713, strike line 23 and all that fol- take effect on the date of enactment of this Federal Government; (3) is reviewed by the lows through page 714, line 3, and insert the Act. General Accounting Office; and (4) has been following: approved by the Committees on Appropria- SEC. 209. UNITED STATES-CHINA ECONOMIC SA 167. Mr. BYRD submitted an tions: Proivded further, That funds provided AND SECURITY REVIEW COMMISSION. amendment intended to be proposed by under this heading shall only be available for (a) APPROPRIATIONS.—There are appro- obligation and expenditure in accordance priated, out of any funds in the Treasury not him to the joint resolution H.J. Res. 2, making further continuing appropria- with the procedures applicable to reprogram- otherwise appropriated, $1,800,000, to remain ming notifications set forth in section 605 of available until expended, to the United tions for the fiscal year 2003, and for Public Law 107–77. States-China Economic and Security Review other purposes; which was ordered to Commission. lie on the table; as follows: SA 170. Mr. BYRD submitted an (b) NAME CHANGE.— At the appropriate place insert the fol- amendment intended to be proposed by (1) IN GENERAL.—Section 1238 of the Floyd her to the joint resolution H.J. Res. 2, D. Spence National Defense Authorization lowing: Act of 2001 (22 U.S.C. 7002) is amended— SEC. . TREATMENT OF ABANDONED MINE REC- making further continuing appropria- (A) in the section heading by inserting LAMATION FUND INTEREST. tions for the fiscal year 2003, and for (a) IN GENERAL.—Notwithstanding any ‘‘ECONOMIC AND’’ before ‘‘SECURITY’’; other purposes; which was ordered to (B) in subsection (a)— other provision of law, any interest credited lie on the table; as follows: to the fund established by section 401 of the (i) in paragraph (1), by inserting ‘‘Eco- At the appropriate place in the joint reso- Surface Mining Control and Reclamation nomic and’’ before ‘‘Security’’; and lution insert the following: (ii) in paragraph (2), by inserting ‘‘Eco- Act of 1977 (30 U.S.C. 1231) shall be transferred to the Combined Fund identified in DEPARTMENT OF ENERGY nomic and’’ before ‘‘Security’’; ATOMIC ENERGY DEFENSE ACTIVITIES (C) in subsection (b)— section 402(h)(2) of such Act (30 U.S.C. (i) in the subsection heading, by inserting 1232(h)(2)), up to such amount as is estimated NATIONAL NUCLEAR SECURITY ADMINISTRATION by the trustees of such Combined Fund to ‘‘ECONOMIC AND’’ before ‘‘SECURITY’’; WEAPONS ACTIVITIES (ii) in paragraph (1), by inserting ‘‘Eco- offset the amount of any deficit in net assets For an additional amount for ‘‘Weapons nomic and’’ before ‘‘Security’’; in the Combined Fund. Activities’’ for emergency expenses, (b) PROHIBITION ON OTHER TRANSFERS.—Ex- (iii) in paragraph (3)— $150,000,000: Provided, That $25,000,000 of the cept as provided in subsection (a), no prin- (I) in the matter preceding subparagraph funds provided shall be available for secure cipal amounts in or credited to the fund es- (A), by inserting ‘‘Economic and’’ before ’’Se- transportation asset activities: Provided fur- tablished by section 401 of the Surface Min- curity’’; and ther, That $35,000,000 shall be available for ing Control and Reclamation Act of 1977 (30 (II) in subparagraph (H), by inserting ‘‘Eco- construction and renovation activities at the U.S.C. 1231) may be transferred to the Com- nomic and’’ before ‘‘Security’’; and National Center for Combating Terrorism: bine Fund identified in section 402(h)(2) of (iv) in paragraph (4), by inserting ‘‘Eco- Provided further, That $90,000,000 of the funds such Act (30 U.S.C. 1232(h)(2)). nomic and’’ before ‘‘Security’’ each place it provided shall be available to meet increased (c) LIMITATION.—This section shall cease to appears; and safeguard and security needs throughout the have any force and effect after September 30, (D) in subsection (e)— nuclear weapons complex, including at least 2004. (i) in paragraph (1), by inserting ‘‘Eco- $25,000,000 for cyber security. ENVIRONMENTAL AND OTHER DEFENSE nomic and’’ before ‘‘Security’’; SA 168. Mr. BYRD submitted an (ii) in paragraph (2), by inserting ‘‘Eco- ACTIVITIES amendment intended to be proposed by nomic and’’ before ‘‘Security’’; OTHER DEFENSE ACTIVITIES him to the joint resolution H.J. Res. 2, (iii) in paragraph (3)— For an additional amount for ‘‘Other De- (I) in the first sentence, by inserting ‘‘Eco- making further continuing appropria- fense Activities’’ for emergency expenses nomic and’’ before ‘‘Security’’; and tions for the fiscal year 2003, and for needed to conduct critical infrastructure as- (II) in the second sentence, by inserting other purposes; which was ordered to sessments at critical energy supply facilities ‘‘Economic and’’ before ‘‘Security’’; lie on the table; as follows: nationwide, $50,000,000, to remain available (iv) in paragraph (4), by inserting ‘‘Eco- DEPARTMENT OF HEALTH AND HUMAN until expended: Provided, That $25,000,000 of nomic and’’ before ‘‘Security’’; and SERVICES the funds made available shall be provided to (v) in paragraph (6), by inserting ‘‘Eco- the National Infrastructure Simulation and OFFICE OF THE SECRETARY nomic and’’ before ‘‘Security’’ each place it Analysis Center: Provided further, That appears. PUBLIC HEALTH AND SOCIAL SERVICES $25,000,000 of the funds made available shall (2) REFERENCES.—Any reference in any EMERGENCY FUND be provided to the National Energy Tech- Federal law, Executive order, rule, regula- For additional amounts for grants to state nology Laboratory. tion, or delegation of authority, or any docu- and local health departments to support ac- ment of or relating to the United States- tivities related to immunizing first respond- SA 171. Mr. BYRD submitted an China Security Review Commission shall be ers against smallpox, $850,000,000: Proivded, amendment intended to be proposed by

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1287 him to the joint resolution H.J. Res. 2, istrative and related expenses for depart- NEDY, Mr. SARBANES, Mrs. MURRAY, Mr. making further continuing appropria- mental management for the Department of LAUTENBERG, Ms. CANTWELL, and Mrs. Health and Human Services shall be reduced tions for the fiscal year 2003, and for CLINTON) submitted an amendment in- on pro rata basis by the amount necessary to other purposes; which was ordered to increase such amount to $205,720,000’’. tended to be proposed by him to the lie on the table; as follows: joint resolution H.J. Res. 2, making At the appropriate place in the joint reso- SA 174. Mr. AKAKA (for himself and further continuing appropriations for lution insert the following: Ms. MIKULSKI) submitted an amend- the fiscal year 2003, and for other pur- DIVISION ll—HOMELAND SECURITY ment intended to be proposed by him poses; which was ordered to lie on the SUPPLEMENTAL APPROPRIATIONS to the joint resolution H.J. Res. 2, table; as follows: DEPARTMENT OF TRANSPORTATION making further continuing appropria- At the appropriate place in title II of divi- tions for the fiscal year 2003, and for sion G, insert the following: TRANSPORTATION SECURITY ADMINISTRATION other purposes; which was ordered to SEC. ll. (a) IN GENERAL.—In addition to SALARIES AND EXPENSES lie on the table; as follows: amounts otherwise appropriated under this Act to carry out programs and activities For additional amounts for necessary ex- At the appropriate place, insert the fol- under title XXVI of the Public Health Serv- penses of the Transportation Security Ad- lowing: ice Act (42 U.S.C. 300ff–11 et seq.), there are ministration related to transportation secu- SEC.. SENSE OF CONGRESS ON PAY PAR- rity services pursuant to Public Law 107–71, ITY.—It is the sense of Congress that there appropriated an additional— $620,000,000, to remain available until Sep- should be parity between the adjustments in (1) $33,500,000 to carry out part A of such tember 30, 2004, of which $500,000,000 shall be the compensation of members of the uni- title XXVI (42 U.S.C. 300ff–11 et seq.); available for port security grants for the formed services and the adjustments in the (2) $32,400,000 to carry out part B of such purpose of implementing the provisions of compensation of civilian employees of the title XXVI (42 U.S.C. 300ff–21 et seq.); the Maritime Transportation Security Act, United States, including blue collar Federal (3) $62,000,000 to carry out State AIDS Drug and $120,000,000 shall be available for Oper- employees paid under the Federal Wage sys- Assistance Programs under section 2616 of ation Safe Commerce. tem. such title XXVI (42 U.S.C. 300ff–26); DEPARTMENT OF THE TREASURY (4) $8,300,000 to carry out part C of such SA 175. Mr. SCHUMER submitted an title XXVI (42 U.S.C. 300ff–51 et seq.); UNITED STATES CUSTOMS SERVICE amendment intended to be proposed by (5) $15,000,000 to carry out part D of such SALARIES AND EXPENSES him to the joint resolution H.J. Res. 2, title XXVI (42 U.S.C. 300ff–71 et seq.); For an additional amount for ‘‘Salaries making further continuing appropria- (6) $9,705,000 to carry out section 2692(a) of and Expenses’’, $47,000,000 for the Container tions for the fiscal year 2003, and for such title XXVI (42 U.S.C. 300ff–111(a)); and Security Initiative. other purposes; which was ordered to (7) $3,500,000 to carry out section 2692(b) of such title XXVI (42 U.S.C. 300ff–111(b)). SA 172. Ms. LANDRIEU (for herself lie on the table; as follows: (b) REDUCTION IN ADMINISTRATIVE AC- and Ms. SNOWE) submitted an amend- On page 93, line 1, strike ‘‘$3,927,587,000’’ COUNTS.—Amounts made available under this and insert ‘‘$4,202,587,000 (which amount shall Act for the administrative and related ex- ment intended to be proposed by her to not be subject to reduction by any other pro- the joint resolution H.J. Res.2, making penses for departmental management for the vision of this Act, including section 601)’’. Department of Health and Human Services further continuing appropriations for On page 99, line 17, strike ‘‘$1,368,415,000’’ shall be reduced on pro rata basis by the fiscal year 2003, and for other pur- and insert ‘‘$1,827,715,000 (which amount shall $164,405,000. poses; which was ordered to lie on the not be subject to reduction by any other pro- table; as follows: vision of this Act, including section 601)’’. SA. 178. Mr. NELSON of Florida (for On page 397, line 12, delete all after On page 105, line 19, before the period, in- himself, Mr. DASCHLE, and Mr. LEAHY) ‘‘Fund’’,‘‘ through opportunities’’ on line 17, sert the following: ‘‘Provided further, That, submitted an amendment intended to and insert in lieu thereof: notwithstanding any other provision of this be proposed by him to the joint resolu- not less than $8,000,000 shall be made avail- Act, including section 601, the total amount tion H.J. Res. 2, making further con- able for programs to support women’s devel- appropriated under this heading for the Weed tinuing appropriations for the fiscal opment in Afghanistan, including girl’s and and Seed Program Fund shall not be reduced’’. year 2003, and for other purposes; which women’s education, health, legal and social was ordered to lie on the table; as fol- rights, economic opportunities, and political On page 106, line 12, before the period, in- participation: Provided further, That of the sert the following: ‘‘Provided further, That, lows: funds provided in the previous proviso, notwithstanding any other provision of this At the appropriate place, insert the fol- $5,000,000 shall be made available to support Act, including section 601, the total amount lowing: activities directed by Afghan Ministry of appropriated under this heading for Commu- SEC.ll. In addition to amounts appro- Women’s Affairs including the establishment nity Oriented Policing Services shall not be priated by this Act under the heading ‘‘Pub- of women’s resource centers throughout Af- reduced’’. lic Law 480 Title II Grants’’, there is appro- ghanistan, and not less than $1,500,000 should On page 111, line 20, before the period, in- priated, out of funds in the Treasury not oth- be made available to support activities of sert the following: ‘‘Provided further, That, erwise appropriated, $600,000,000 for assist- the National Human Rights Commission of notwithstanding any other provision of this ance for emergency relief activities: Pro- Afghanistan: Provided further, That one Act, including section 601, the total amount vided, That the amount appropriated under year after the date of enactment of this Act, appropriated under this heading for the Ju- this section shall remain available through the Secretary of State shall submit a report venile Justice Programs shall not be re- September 30, 2004. duced’’. to the appropriate congressional committees Mr. LEAHY submitted an that details women’s development programs SA 179. in Afghanistan supported by the United SA 176. Mr. SCHUMER (for himself, amendment intended to be proposed by States Government, and barriers that im- Mr. GRAHAM of Florida, Mr. KENNEDY, him to the joint resolution H.J. Res. 2, pede he development of women in Afghani- Mr. REID, Mrs. CLINTON, Mr. JOHNSON, making further continuing appropria- stan Mr. CONRAD, Mr. KERRY, Mr. DASCHLE, tions for the fiscal year 2003, and for Mr. JEFFORDS, Ms. LANDRIEU, and Mr. other purposes; which was ordered to SA 173. Mr. KENNEDY submitted an LEAHY) submitted an amendment in- lie on the table; as follows; amendment intended to be proposed by tended to be proposed by him to the On page 29 line 11 strike the period and in- him to the joint resolution H.J. Res. 2, joint resolution H.J. Res. 2, making sert the following: making further continuing appropria- further continuing appropriations for : Provided, tions for the fiscal year 2003, and for the fiscal year 2003, and for other pur- (a) Whereas, the Commodity Credit cor- other purposes; which was ordered to poration (CCC) is a Government owned and poses; which was ordered to lie on the operated entity that was created to stabilize, lie on the table; as follows: table; as follows: support, and protect farm income and prices; On page 59, line 14, insert before the period On page 898, before the period at the end of (b) Whereas, CCC was incorporated on Oc- the following: ‘‘: Provided further, That not- line 21, insert the following: ‘‘: Provided, fur- tober 17, 1933, under a Delaware charter. On withstanding any other provision of this Act, ther, That, notwithstanding any other provi- July 1, 1939, CCC was transferred to the the amount, excluding the amount of user sion of this Act, the total amount appro- United States Department of Agriculture fees appropriated, that is appropriated for priated for fiscal year 2003 for the Veterans (USDA). It was reincorporated on July 1, devices and radiological products under the Health Administration for medical care is 1948, as a Federal corporation within USDA salaries and expenses account of the Food $23,889,304,000’’. by the Commodity Credit Corporation Char- and Drug Administration is increased to ter Act (62 Stat. 1070; 15 U.S.C. 174); $205,720,000: Provided further, That amounts SA 177. Mr. SCHUMER (for himself, (c) Whereas, the mission of the CCC has ex- made available under this Act for the admin- Ms. MIKULSKI, Mr. SMITH, Mr. KEN- panded over time:

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1288 CONGRESSIONAL RECORD — SENATE January 21, 2003 (1) Pursuant to section 2701 of the Farm SA 181. Mr. JEFFORDS submitted an On page 988, after line 23, insert the fol- Security and Rural Investment Act of 2002 amendment intended to be proposed by lowing provision: (Pub. L. 107–171), the officer and directors of him to the joint resolution H.J. Res. 2, ‘‘The Environmental Protection Agency is directed to submit a report no later that CCC have a responsibility to use the funds, making further continuing appropria- facilities, and authorities of the Commodity February 15, 2004 on the practices and proce- Credit Corporation to carry out the con- tions for the fiscal year 2003, and for dures by which States develop separate emis- servation reserve program (CRP); the wet- other purposes; which was ordered to sion standards, including standards for lands reserve program (WRP); the conserva- lie on the table; as follows: nonroad engines or vehicles, as compared to tion security program (CSP); the grassland At the appropriate place, insert the fol- the development by Environmental Protec- reserve program (GRP); the environmental lowing: ‘‘No funds appropriated under this tion Agency of national emission standards quality incentives program (EQIP); and the Act may be used in a manner inconsistent under the Clean Air Act. This report shall in- wildlife habitat incentives program (WHIP), with Executive Orders 12873, 13101, 13123, clude an assessment of the procedures, prac- including the provision of technical assist- 13148, 13149, and 13221.’’ tices, standards and requirements used by ance; and States as opposed to those used by Environ- (2) Pursuant to section 1601 of the Farm SA 182. Mr. Kennedy submitted an mental Protection Agency, including how Security and Rural Investment Act of 2002 amendment intended to be proposed by States and the Environmental Protection (Pub. L. 107–171) the officers and directors of him to the joint resolution H.J. Res. 2, Agency take into account technological fea- CCC have a responsibility to use the funds, making further continuing appropria- sibility, economic feasibility, impact on the economy, costs, safety, noise and energy fac- facilities, and authorities of the Commodity tions for the fiscal year 2003, and for Credit Corporation to carry out Title I of the tors associated in the development of these Act; other purposes; which was ordered to standards.’’. (d) Whereas, CCC is managed by a Board of lie on the table; as follows: Directors, subject to the general supervision On page 59, line 14, insert before the period SA 186. Mr. BOND submitted an and direction of the Secretary of Agri- the following: ‘‘: Provided further, That an ad- amendment intended to be proposed by culture, who is an ex-officio director and ditional $7,866,000 shall be appropriated for him to the joint resolution H.J. Res. 2, chairperson of the Board. The Board consists the Food and Drug Administration and shall making further continuing appropria- of seven members, in addition to the Sec- be made available for the review of medical tions for the fiscal year 2003, and for retary, who are appointed by the President devices, and such amount shall be in addi- other purposes; which was ordered to of the United States by and with the advice tion to any other amounts appropriated in and consent of the Senate. All members of this Act for such activities: Provided further, lie on the table; as follows: the Board and Corporation officers are USDA that amounts made available under this Act On page 486, between lines 8 and 9, insert officials; for the administrative and related expenses the following: (e) Whereas, CCC has in the past requested for departmental management of the Depart- SEC. 1ll. MISSOURI RIVER. other agencies to assist it in the conduct of ment of Agriculture shall be reduced on pro None of the funds made available by this its business and reimbursed them for their rata basis by $7,866,000’’. Act may be used by the United States Fish administrative expenses under the authority and Wildlife Service— granted to it by section 11 of the CCC Char- SA 183. Mr. KENNEDY submitted an (1) to require the Corps of Engineers to im- ter Act. For example: amendment intended to be proposed by plement a steady release flow schedule for (1) CCC’s price support, storage, and re- him to the joint resolution H.J. Res. 2, the Missouri River; or serve programs, and its domestic acquisition making further continuing appropria- (2) to prevent the Corps of Engineers from and disposal activities have been carried out tions for the fiscal year 2003, and for relocating bird nests along the Missouri primarily through the personnel and facili- River. ties of the Farm Service Agency (FSA). other purposes; which was ordered to (2) The Agricultural Marketing Service lie on the table; as follows: SA 187. Mr. LEAHY submitted an (AMS) occasionally uses CCC authority to On page 59, line 14, insert before the period amendment intended to be proposed by acquire various commodities for domestic the following: ‘‘: Provided further, That an ad- him to the joint resolution H.J. Res. 2, and foreign food assistance programs. ditional $7,866,000 shall be appropriated for making further continuing appropria- (3) Export sales and foreign assistance dis- the Food and Drug Administration and shall tions for the fiscal year 2003, and for posal of CCC-controlled stocks have been ad- be made available for the review of medical ministered through the General Sales Man- devices, and such amount shall be in addi- other purposes; which was ordered to ager of the Foreign Agricultural Service tion to any other amounts appropriated in lie on the table; as follows: (FAS). this Act for such activities: Provided further, On page 308, line 10, strike ‘‘supports or’’ (4) The Natural Resources Conservation that amounts made available under this Act and ‘‘the management of a program of’’ Service has administered several conserva- for the administrative and related expenses On page 347, line 4, after the colon, insert: tion programs under the auspices of CCC; for departmental management for the De- Provided further, That of the funds appro- (f) Whereas, in 1996 section 11 of the CCC partment of Health and Human Services priated under this heading, not less than Charter Act was amended to limit reim- shall be reduced on pro rata basis by $35,000,000 shall be made available for the bursements by CCC to other agencies in the $7,866,000’’. United Nations Populations Fund: performance of any part or all of the func- On page 347, line 7, strike ‘‘if’’ and insert in tions of the CCC; SA 184. Mr. KENNEDY submitted an lieu thereof: (g) Whereas, section 10 of the CCC Charter amendment intended to be proposed by unless Act mandates that the Secretary appoint him to the joint resolution H.J. Res. 2, On page 347, line 8, strike ‘‘no longer sup- such officers and employees of the CCC as making further continuing appropria- ports or’’ may be necessary for the conduct of business On page 347, line 9, strike ‘‘the manage- of the Corporation. Expenditures of the Cor- tions for the fiscal year 2003, and for ment of a program of’’ poration under this section are not subject other purposes; which was ordered to On page 365, line 4, before the period insert to the section 11 cap on reimbursements to lie on the table; as follows: the following: other agencies; On page 59, line 14, insert before the period Provided further, That of the funds appro- (h) The Secretary is directed to exercise the following: ‘‘: Provided further, That an ad- priated under title II of this Act, not less her authority under section 10 of the CCC ditional $13,603,766 shall be appropriated for than $435,000,000 shall be made available for Charter Act and appoint such officers and the Food and Drug Administration and shall family planning/reproductive health’’ On page 424, line 13, insert the following employees of the CCC as may be necessary be made available for the review of medical new section: for the conduct of business of the Corpora- devices, and such amount shall be in addition if the Secretary determines that the tion to any other amounts appropriated in REQUIREMENTS RELATED TO PRIVATE total amount of funds available under sec- this Act for such activities: Provided further, ORGANIZATIONS tion 11 of the CCC Charter Act are not suffi- that amounts made available under this Act SEC. 585. Notwithstanding any other provi- cient to allow other agencies to carry out for the administrative and related expenses sions of law, regulation, or policy, in deter- the functions of the CCC. for departmental management of the Depart- mining eligibility for assistance authorized ment of Agriculture shall be reduced on pro under part I or the Foreign Assistance Act of SA 180. Mr. JEFFORDS submitted an rata basis by $13,603,766’’. 1961, foreign private organizations shall be amendment intended to be proposed by subject to only those requirements relating him to the joint resolution H.J. Res. 2, SA 185. Mr. BOND submitted an to the use of non-United States Government making further continuing appropria- amendment intended to be proposed by funds for advocacy and lobbying activities him to the joint resolution H.J. Res. 2, that apply to United States private organizations for the fiscal year 2003, and for tions receiving assistance under part I of other purposes; which was ordered to making further continuing appropria- such Act. lie on the table; as follows: tions by the fiscal year 2003, and for On page 1027, strike line 6 and all that fol- other purposes; which was ordered to SA 188. Mr. DODD submitted an lows through page 1032, line 8. lie on the table; as follows: amendment intended to be proposed by

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1289 him to the joint resolution H.J. Res. 2, for economic assistance to the oyster fishery funds provided under subsection (a) shall not making further continuing appropria- affected by Hurricane Isidore, and Hurricane result in a further across-the-board rescis- tions for the fiscal year 2003, and for Lili: Provided, That such funds may be used sion under section 601 of Division N. other purposes; which was ordered to only for (A) personal assistance with priority given to food, energy needs, housing assist- SA. 196. Mr. DAYTON submitted an lie on the table; as follows: ance, transportation fuel, and other urgent amendment intended to be proposed by On page 589, line 17, strike ‘‘$8,648,884,000’’ needs; (B) assistance for small businesses in- him to the joint resolution H.J. Res. 2, and insert ‘‘$8,848,884,000’’. cluding oystermen, oyster processors, and re- making further continuing appropria- On page 589, line 23, strike ‘‘$6,667,533,000’’ lated businesses serving the oyster industry; tions for the fiscal year 2003, and for and insert ‘‘$6,867,533,000’’. (C) domestic product marketing and seafood promotion; and (D) State seafood testing other purposes; which was ordered to SA 189. Mr. INOUYE submitted an programs. lie on the table; as follows: amendment intended to be proposed by At the appropriate place, insert the fol- him to the joint resolution H.J. Res. 2, SA 192. Mr. LAUTENBERG (for him- lowing: making further continuing appropria- self, Mrs. BOXER, and Mr. KENNEDY) SEC. ll. Notwithstanding any other provision of law, with respect to any State that tions for the fiscal year 2003, and for submitted an amendment intended to be proposed by him to the joint resolu- is operating under a waiver described in sec- other purposes; which was ordered to tion 415(a) of the Social Security Act (42 lie on the table; as follows: tion H.J. Res. 2, making further con- U.S.C. 615(a)) which would otherwise expire On page 80, between lines 3 and 4, insert tinuing appropriations for the fiscal on a date that occurs during the period that the following: year 2003, and for other purposes; which begins on September 30, 2002 (or in the case SEC. 7ll. NEW ELECTRIC UTILITY ENTITIES was ordered to lie on the table; as fol- of New Hampshire, March 31, 2002), and ends SERVING EXTREMELY HIGH-COST lows: on September 30, 2003, the State may elect to COMMUNITIES. On page 982, strike lines 21 through 25 and continue to operate under that waiver, on (a) IN GENERAL.—Section 19 of the Rural insert the following: the same terms and conditions as applied to Electrification Act of 193 (7 U.S.C. 918a) is per project; $1,500,000,000, to remain available the waiver on the day before such date, amended— until expended, as authorized by section through September 30, 2003. (1) by redesignating subsection (b) as sub- 517(a) of the Superfund Amendments and Re- section (c); and authorization Act of 1986 (Public Law 99–499; SA. 197. Mr. JEFFORDS (for himself, (2) by inserting after subsection (a) the fol- 100 Stat. 1613), Mr. KENNEDY, Mr. KERRY, Mrs. BOXER, lowing: Mr. LIBERMAN, Mr. LEAHY, and Mr. ‘‘(b) ACQUISITION BY CONSUMER-OWNED EN- SA 193. Mr. JEFFORDS (for himself SCHUMER) submitted an amendment in- TITIES OF ASSETS OF AN ELECTRIC UTILITY.— and Mr. LEAHY) submitted an amend- tended to be proposed by him to the A consumer-owned entity that acquires the ment intended to be proposed by him assets of an electric utility providing elec- joint resolution H.J. Res. 2, making tricity to residential customers at a rate ex- to the joint resolution H.J. Res. 2, further continuing appropriations for ceeding 18 cents per kilowatt hour shall be making further continuing appropria- the fiscal year 2003, and for other pur- eligible to receive a grant under subsection tions for the fiscal year 2003, and for poses; which was ordered to lie on the (a) for the purposes of— other purposes; which was ordered to table; as follows: ‘‘(1) paying any transaction, transition, or lie on the table; as follows: On page 1014, between lines 13 and 14, insert other organizational costs associated with On page 260, line 9, before the colon, insert the following: the acquisition; and the following: ‘‘, and that the Corps of Engi- SEC. 4ll. REGULATIONS TO CONTROL HAZ- ‘‘(2) if the Secretary determines that relo- neers shall bear full responsibility for cor- ARDOUS AIR POLLUTANTS FROM cation and refurbishment of any generation recting any design deficiencies of Waterbury MOTOR VEHICLES AND MOTOR VE- HICLE FUELS. asset of the electric utility will enhance ef- Dam’’. forts to reduce overall electric costs in the Not later than July 1, 2004, the Adminis- community served, paying the costs of relo- SA 194. Mr. JEFFORDS submitted an trator of the Environmental Protection Agency shall promulgate final regulations to cation and refurbishment.’’. amendment intended to be proposed by (b) APPLICABILITY OF AMENDMENT.—The control hazardous air pollutants from motor amendment made by subsection (a) applies him to the joint resolution H.J. Res. 2, vehicles and motor vehicle fuels, as provided to a consumer-owned entity that acquires making further continuing appropria- for in section 80.1045 of title 40, Code of Fed- the assets of an electric utility on or after tions for the fiscal year 2003, and for eral Regulations (as in effect on the date of the date that is 2 years before the date of en- other purposes; which was ordered to enactment of this Act). actment of this Act. lie on the table; as follows: On page 120, line 12, strike ‘‘$257,886,000’’ SA. 198. Mr. JEFFORDS (for himself, SA 190. Mrs. BOXER. (for herself and and insert ‘‘$317,213,000’’. Mr. KENNEDY, Mr. KERRY, Mrs. BOXER, Mr. DORGAN) submitted an amendment Mr. LIBERMAN, Mr. LEAHY, and Mr. intended to be proposed by her to the SA 195. Mr. DAYTON submitted an SCHUMER) submitted an amendment in- joint resolution H.J. Res. 2, making amendment intended to be proposed by tended to be proposed by him to the further continuing appropriations for him to the joint resolution H.J. Res. 2, joint resolution H.J. Res. 2, making the fiscal year 203, and for other pur- making further continuing appropria- further continuing appropriations for poses; which was ordered to lie on the tions for the fiscal year 2003, and for the fiscal year 2003, and for other pur- table; as follows: other purposes; which was ordered to poses; which was ordered to lie on the At the appropriate place, insert the fol- lie on the table; as follows: table; as follows: lowing: At the end of title III of Division G, insert On page 1014, between lines 13 and 14, insert SEC. . SALARIES. the following: the following: No funds shall be used to pay any federal SEC. ll. FULLY FUNDING IDEA. SEC. 4ll. NEW SOURCE REVIEW PROGRAM. employee or any employee, member or chair- (a) FULLY FUNDING IDEA.—Notwith- Not later than February 15, 2003, the Envi- person of any federal commission, board, standing any other provision of this Act, the ronmental Protection Agency, the Depart- committee, or council an annual salary in total amount appropriated for fiscal year ment of Energy, and the Department of Jus- excess of the annual salary of the President 2003 (out of any money in the Treasury not tice shall each satisfy all information re- of the United States. otherwise appropriated for the fiscal year quests relating to the new source review pro- ending September 30, 2003) to carry out part gram under section 111 and parts C and D of SA 191. Mr. BREAUX (for himself and B of the Individuals with Disabilities Edu- title I of the Clean Air Act (42 U.S.C. 7411, Ms. LANDRIEU) submitted an amend- cation Act, other than section 619 of such 7470 et seq.) made in 2001 or 2002— ment intended to be proposed by him Act, shall be the greater of— (1) by the Committee on Environment and to the joint resolution H.J. Res. 2, (1) $19,204,246,000; or Public Works, the Committee on the Judici- (2) the amount necessary to fully fund 40 ary, or the Committee on Health, Education, making further continuing appropria- Labor, and Pensions of the Senate, or a tions for the fiscal year 2003, and for percent of the average per pupil expenditure for programs under part B of such Act, other member of any of those Committees; or other purposes; which was ordered to than section 619 of such Act. (2) by the General Accounting Office on be- lie on the table; as follows: (b) AVAILABILITY.—Amounts appropriated half of any of those Committees or a member On page 1051, line 7, strike ‘‘access.’’ and pursuant to subsection (a) shall remain of any of those Committees; insert ‘‘access; and available through September 30, 2004. through the provision of copies of the re- ‘‘(3) $3,000,000 shall be made available to (c) ACROSS-THE-BOARD RESCISSION.—Not- quested documents, analyses, electronic the oyster industry in the State of Louisiana withstanding any other provision of this Act, mail, or document logs to the requesting

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1290 CONGRESSIONAL RECORD — SENATE January 21, 2003 Committee or member or to the General Ac- ‘‘restoration; and with the funds provided in (B) a major disaster or emergency des- counting Office. this title, the Secretary shall release a plan ignated by the President under the Robert T. for assisting states, federal agencies and Stafford Disaster Relief and Emergency As- SA 199. Mr. DURBIN submitted an tribes in managing chronic wasting disease sistance Act (42 U.S.C. 5121 et seq.). amendment intended to be proposed by in wild and captive cervids within 90 days of (6) SECRETARY.—The term ‘‘Secretary’’ him to the joint resolution H.J. Res. 2, enactment of this Act.’’. means the Secretary of Agriculture. making further continuing appropria- SEC. 203. SUPPLEMENTAL DIRECT PAYMENTS. tions for the fiscal year 2003, and for SA 202. Mr. FEINGOLD submitted an (a) IN GENERAL.—The Secretary shall make other purposes; which was ordered to amendment intended to be proposed by payments to producers on a farm if— lie on the table; as follows: him to the joint resolution H.J. Res. 2, (1)(A) the farm is located in a disaster making further continuing appropria- county declared during calendar year 2001 or On page 257, on line 15, strike ‘‘that ac- 2002; or tion.’’ and insert ‘‘that action, except that tions for the fiscal year 2003, and for other purposes; which was ordered to (B) the producers on the farm have in- this limitation on attorneys’ fees paid by the curred qualifying crop losses with respect to District of Columbia shall not apply if the lie on the table; as follows: the 2001 or 2002 crop of a covered commodity plaintiff is a child who is (a) from a family On page 443, line 3, strike ‘‘projects:’’ and or peanuts due to damaging weather or re- with an annual income of less than $17,600; or insert the following: lated condition, as determined by the Sec- (b) from a family where one of the parents or ‘‘projects; and of which $500,000 of the funds retary using the same loss thresholds for the guardians is a disabled veteran; or (c) where provided to the National Park Service for re- quantity and quality losses as were used in the child has been adjudicated as neglected, source stewardship activities is for work administering section 815 of the Agriculture, delinquent, in need of supervision, abused, or with the U.S. Geological Survey to refine a Rural Development, Food and Drug Adminis- is a ward of the District of Columbia; or (d) chronic wasting disease test for use on live tration, and Related Agencies Appropria- from a family where one of the parents or cervids.’’. tions Act, 2001 (Public Law 106–387; 114 Stat. guardians is on active duty with the Armed 1549, 1549A–55); and Services of the United States or the National (2) the producers on the farm are eligible Guard; or (e) from a family for which the pri- SA 203. Mr. ALLEN submitted an amendment intended to be proposed by for direct payments for the 2002 crop of a mary custodian is over the age of 65; or (f) covered commodity or peanuts under sec- from a family where one of the parents or him to the joint resolution H.J. Res. 2, making further continuing appropriations 1103 and 1303, respectively, of the Farm guardians is a firefighter or law enforcement Security and Rural Investment Act of 2002 (7 officer.’’ tions for the fiscal year 2003, and for U.S.C. 7913, 7953). other purposes; which was ordered to SA 200. Mr. FEINGOLD submitted an (b) AMOUNT.—The amount of the payment lie on the table; as follows: made to the producers on a farm under this amendment intended to be proposed by section shall be equal to 42 percent of the him to the joint resolution H.J. Res. 2, At the appropriate place, insert the following: amount of the direct payment the producers making further continuing appropria- Of the $10 million available for the Chal- on the farm are eligible to receive for the tions for the fiscal year 2003, and for lenge Grant Program, not more than $3 mil- 2002 crop under sections 1103 and 1303, respec- other purposes; which was ordered to lion shall be made available for Communities tively, of the Farm Security and Rural In- lie on the table; as follows: In Schools, Inc. vestment Act of 2002 (7 U.S.C. 7913, 7953). Before the period at the end of the undesig- (c) CROP INSURANCE.—As a condition of the nated paragraph under the heading ‘‘Inter- SA 204. Mr. COCHRAN submitted an receipt of a payment under this section— national Military Education and Training’’, amendment intended to be proposed by (1) in the case of an insurable commodity, insert the following: ‘‘Provided further, That him to the joint resolution H.J. Res. 2, the producers on the farm shall enter into a contract with the Secretary under which the funds made available under this heading for making further continuing appropria- Indonesian military personnel shall be avail- producers on the farm agree— tions for the fiscal year 2003, and for (A) to obtain at least catastrophic risk able only for ‘‘Expanded International Mili- other purposes; which was ordered to tary Education and Training’’ assistance, protection coverage for each insurable com- unless the President determines and reports lie on the table; as follows: modity produced on the farm for each of the to the appropriate congressional committees Beginning on page 1032, strike line 21 and next 2 crop years for which crop insurance is that the Government of Indonesia and the all that follows through page 1042, line 7, and available under the Federal Crop Insurance Indonesian Armed Forces are (1) dem- insert the following: Act (7 U.S.C. 1501 et seq.), as determined by the Secretary; and onstrating a commitment to assist United TITLE II—AGRICULTURAL ASSISTANCE States efforts to combat international ter- (B) on violation of the contract, to repay SEC. 201. SHORT TITLE. rorism, including United States interdiction to the Secretary any payment received under This title may be cited as the ‘‘Agricul- efforts against al-Qaida and other terrorist this section; and tural Assistance Act of 2003’’. organizations, and taking effective measures (2) in the case of an eligible noninsurable to bring to justice those responsible for the SEC. 202. DEFINITIONS. commodity, the producers on the farm shall October 13, 2002, terrorist attack on Bali, In this title: enter into a contract with the Secretary which killed United States citizens, and (2) (1) COVERED COMMODITY.—The term ‘‘cov- under which the producers on the farm taking effective measures, including cooper- ered commodity’’ has the meaning given the agree— ating with the Federal Bureau of Investiga- term in section 1001 of the Farm Security (A) to file the required paperwork, and pay tion, to bring to justice any member of the and Rural Investment Act of 2002 (7 U.S.C. the administrative fee by the applicable Indonesian Armed Forces or Indonesian mili- 7901). State filing deadline, for each eligible non- tia group against whom there is credible evi- (2) DISASTER COUNTY.—The term ‘‘disaster insurable commodity produced on the farm dence of involvement in the August 31, 2002, county’’ means a county included in the geo- for each of the next 2 crop or calendar years attack, which resulted in the deaths of graphic area covered by a qualifying natural (as applicable) under section 196 of the Fed- United States citizens, and in other gross disaster declaration, excluding a contiguous eral Agriculture Improvement and Reform violations of human rights: Provided further, county. Act of 1996 (7 U.S.C. 7333), as determined by That nothing in the preceding proviso pro- (3) ELIGIBLE NONINSURABLE COMMODITY.— the Secretary; and hibits the United States from conducting on- The term ‘‘eligible noninsurable com- (B) on violation of the contract, to repay going contacts and training with the Indo- modity’’ means an eligible crop for which the to the Secretary any payment received under nesian Armed Forces, including sales of non- producers on a farm are eligible to obtain as- this section. lethal defense articles, counterterrorism sistance under section 196 of the Federal Ag- (d) ADMINISTRATION.—The total amount of training, officer visits, port visits, edu- riculture Improvement and Reform Act of payments made to a person under this sec- cational exchanges, or Expanded Inter- 1996 (7 U.S.C. 7333). tion for 1 or more covered commodities, and national Military Educational and Training (4) INSURABLE COMMODITY.—The term ‘‘in- the total amount of payments made to a per- for military officers and civilians’’. surable commodity’’ means an agricultural son under this section for peanuts, shall not commodity (excluding livestock) produced in exceed the dollar amounts that are specified SA 201. Mr. FEINGOLD submitted an an area that is eligible for coverage under a in paragraphs (1) and (2), respectively, of sec- amendment intended to be proposed by policy or plan of insurance under the Federal tion 1001(b) of the Food Security Act of 1985 him to the joint resolution H.J. Res. 2, Crop Insurance Act (7 U.S.C. 1501 et seq.). (7 U.S.C. 1308(b)). (e) TIME FOR PAYMENT.—The Secretary making further continuing appropria- (5) QUALIFYING NATURAL DISASTER DECLARA- TION.—The term ‘‘qualifying natural disaster shall make payments under this section as tions for the fiscal year 2003, and for declaration’’ means— soon as practicable after the date of enact- other purposes; which was ordered to (A) a natural disaster declared by the Sec- ment of this Act. lie on the table; as follows: retary under section 321(a) of the Consoli- SEC. 204. LIVESTOCK ASSISTANCE. On page 450, line 2 strike ‘‘restoration:’’ dated Farm and Rural Development Act (7 (a) LIVESTOCK ASSISTANCE PROGRAM.—Sub- and insert the following: U.S.C. 1961(a)); or ject to subsection (c), in carrying out the

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1291 2002 Livestock Compensation Program an- part I of subtitle B of title III of the Agricul- (iv) in the case of Virginia sun-cured to- nounced by the Secretary on October 10, 2002 tural Adjustment Act of 1938 (7 U.S.C. 1311 et bacco (type 37), 1,502 pounds per acre; and (67 Fed. Reg. 63070), the Secretary shall— seq.); (v) in the case of cigar-filler and cigar- (1) provide assistance to any applicant (B) controls the farm from which, under binder tobacco (types 42, 43, 44, 54, and 55), that— the quota or allotment for the relevant pe- 2,230 pounds per acre. (A) conducts a livestock operation that is riod, eligible tobacco is marketed, could (d) AVAILABLE PAYMENT AMOUNTS.—The physically located in a county that re- have been marketed, or can be marketed, available payment amount for each kind of quested a declaration as a disaster county taking into account temporary transfers; or eligible tobacco under subsection (b) shall during the period beginning on January 1, (C) grows, could have grown, or can grow not exceed the amount obtained by multi- 2001, and ending on the date of enactment of eligible tobacco that is marketed, could have plying— this Act; and been marketed, or can be marketed under (1) 5.55 cents per pound; and (B) meets all other eligibility requirements the quota or allotment for the 2002 crop year, (2) the national basic poundage quota for established by the Secretary for the Pro- taking into account temporary transfers. the applicable kind. gram; (2) ELIGIBLE TOBACCO.—The term ‘‘eligible (e) DIVISION OF PAYMENTS AMONG ELIGIBLE (2) provide assistance to producers of an tobacco’’ means each of the following kinds PERSONS.— animal described in section 10806(a)(1) of the of tobacco: (1) IN GENERAL.—Payments available with Farm Security and Rural Investment Act of (A) Flue-cured tobacco, comprising types respect to a pound of payment quantity, as 2002 (21 U.S.C. 321d(a)(1)) that meet all other 11, 12, 13, and 14. determined under subsection (d), shall be eligibility requirements established by the (B) Fire-cured tobacco, comprising types made available to eligible persons in accord- Secretary for the Program; and 21, 22, and 23. ance with this paragraph, as determined by (3) effective beginning on the date of enact- (C) Dark air-cured tobacco, comprising the Secretary. ment of this Act, carry out the Program types 35 and 36. (2) FLUE-CURED AND CIGAR TOBACCO.—In the using funds of the Commodity Credit Cor- (D) Virginia sun-cured tobacco, comprising case of payments made available in a State poration. type 37. under subsection (b) for Flue-cured tobacco (b) LIVESTOCK LOSS ASSISTANCE PRO- (E) Burley tobacco, comprising type 31. (types 11, 12, 13, and 14) and cigar-filler and GRAM.— (F) Cigar-filler and cigar-binder tobacco, cigar-binder tobacco (types 42, 43, 44, 54, and (1) IN GENERAL.—Subject to paragraph (2) comprising types 42, 43, 44, 54, and 55. 55), the Secretary shall distribute (as determined by the Secretary)— and subsection (c), the Secretary shall use (b) PAYMENTS.—Not later than June 1, 2003, $250,000,000 of funds of the Commodity Credit the Secretary shall use funds of the Com- (A) 50 percent of the payments to eligible Corporation to establish a program under modity Credit Corporation to make pay- persons that are owners described in sub- which payments for livestock losses are ments under this section. section (a)(1)(A); and (B) 50 percent of the payments to eligible made using the criteria established to carry (c) POUNDAGE PAYMENT QUANTITIES.— persons that are growers described in sub- out the 1999 Livestock Assistance Program (1) IN GENERAL.— section (a)(1)(C). to producers for losses in a disaster county (A) FLUE-CURED AND CIGAR TOBACCO.—In (3) OTHER KINDS OF ELIGIBLE TOBACCO.—In declared during calendar year 2001 or 2002. the case of Flue-cured tobacco (types 11, 12, the case of payments made available in a (2) CHOICE OF PAYMENTS.—If the farm of the 13, and 14) and cigar-filler and cigar-binder State under subsection (b) for each other producers is located in a disaster county de- tobacco (types 42, 43, 44, 54, and 55), the kind of eligible tobacco not covered by para- clared during each of calendar years 2001 and poundage payment quantity under this sec- graph (2), the Secretary shall distribute (as 2002, the producers on the farm may elect to tion shall equal the number of pounds of the determined by the Secretary)— receive payments under this subsection for basic poundage quota of the kind of tobacco, (A) 331⁄3 percent of the payments to eligible losses associated with the qualifying natural irrespective of temporary transfers or under- persons that are owners described in sub- disaster declaration in either calendar year marketings, under part I of subtitle B of section (a)(1)(A); 2001 or calendar year 2002, but not both. title III of the Agricultural Adjustment Act (B) 331⁄3 percent of the payments to eligible (c) RELATIONSHIP OF LIVESTOCK ASSISTANCE of 1938 (7 U.S.C. 1311 et seq.) for the 2002 crop persons that are controllers described in sub- PROGRAMS.— year. (1) DEFINITION OF LIVESTOCK ASSISTANCE section (a)(1)(B); and (B) OTHER KINDS OF ELIGIBLE TOBACCO.—In (C) 331⁄3 percent of the payments to eligible PROGRAM.—In this subsection, the term the case of each other kind of eligible to- persons that are growers described in sub- ‘‘livestock assistance program’’ means— bacco, the poundage payment quantity under section (a)(1)(C). (A) the 2002 Cattle Feed Program an- this section shall equal— nounced by the Secretary on September 3, (f) SPECIAL RULE FOR GEORGIA.—The Sec- (i) in the case of eligible persons that are retary may make payments under this sec- 2002 (67 Fed. Reg. 56260); owners described in subsection (a)(1)(A), the (B) the 2002 Livestock Compensation Pro- tion to eligible persons in Georgia only if the number of pounds of the basic poundage State of Georgia agrees to use $13,000,000 to gram, as announced by the Secretary on Oc- quota of the kind of tobacco, irrespective of tober 10, 2002 (67 Fed. Reg. 63070) and modi- make payments at the same time, or subse- temporary transfers or undermarketings, quently, to the same persons in the same fied in accordance with subsection (a); and under part I of subtitle B of title III of the (C) the livestock loss assistance program manner as provided for the Federal pay- Agricultural Adjustment Act of 1938 (7 U.S.C. ments under this section, as required by sec- established under subsection (b). 1311 et seq.) for the 2002 crop year; and (2) PAYMENTS.—The amount of assistance tion 204(b)(6) of the Agricultural Risk Pro- (ii) in the case of eligible persons that are tection Act of 2000 (7 U.S.C. 1421 note; Public that the producers on a farm would other- controllers described in subsection (a)(1)(B) wise receive for a loss under a livestock as- Law 106–224). or growers described in subsection (a)(1)(C), (g) JUDICIAL REVIEW.—A determination by sistance program shall be reduced by the the number of pounds of effective poundage the Secretary under this section shall not be amount of the assistance that the producers quota of the kind of tobacco, including tem- subject to judicial review. on the farm receive under any other live- porary transfers or undermarketings, under stock assistance program. SEC. 208. COTTONSEED. part I of subtitle B of title III of the Agricul- The Secretary shall use $50,000,000 of funds SEC. 205. EMERGENCY SURPLUS REMOVAL. tural Adjustment Act of 1938 (7 U.S.C. 1311 et of the Commodity Credit Corporation to pro- The Secretary shall transfer $250,000,000 of seq.) for the 2002 crop year. vide assistance to producers and first-han- funds of the Commodity Credit Corporation (2) CONVERSION OF INDIVIDUAL ALLOTMENTS dlers of the 2002 crop of cottonseed. to the fund established by section 32 of the TO POUNDAGE PAYMENT QUANTITIES.—In the SEC. 209. HURRICANE ASSISTANCE. Act of August 24, 1935 (7 U.S.C. 612c), to carry case of each kind of eligible tobacco other (a) IN GENERAL.—In a State in a which a out emergency surplus removal of agricul- than Flue-cured tobacco (types 11, 12, 13, and qualifying natural disaster declaration has tural commodities. 14) and Burley tobacco (type 31), individual been made during a calendar year, the Sec- SEC. 206. SPECIALTY CROPS. allotments shall be converted to poundage retary shall make available to first proc- The Secretary shall use $100,000,000 of funds payment quantities by multiplying— essors that are eligible to obtain a loan of the Commodity Credit Corporation to pro- (A) the number of acres that may, irrespec- under section 156(a) of the Federal Agri- vide assistance to producers directly or tive of temporary transfers or undermar- culture Improvement and Reform Act of 1996 through grants to States, or take such other ketings, be devoted, without penalty, to the (7 U.S.C. 7272(a)) assistance in the form of action as the Secretary determines is appro- production of the kind of tobacco under the payments, or commodities in the inventory priate, to assist producers of fruits and vege- allotment under part I of subtitle B of title of the Commodity Credit Corporation from tables (including nuts). III of the Agricultural Adjustment Act of carrying out that section, to partially com- SEC. 207. TOBACCO PAYMENTS. 1938 (7 U.S.C. 1311 et seq.) for the 2002 crop pensate producers and first processors for (a) DEFINITIONS.—In this section: year; by crop and other losses that are related to the (1) ELIGIBLE PERSON.—The term ‘‘eligible (B)(i) in the case of fire-cured tobacco qualifying natural disaster declaration. person’’ means a person that— (type 21), 1,746 pounds per acre; (b) ADMINISTRATION.—Assistance under this (A) owns a farm for which, irrespective of (ii) in the case of fire-cured tobacco (types section shall be— temporary transfers or undermarketings, a 22 and 23), 2,676 pounds per acre; (1) shared by an affected first processor basic quota or allotment for eligible tobacco (iii) in the case of dark air-cured tobacco with affected producers that provide com- is established for the 2002 crop year under (types 35 and 36), 2,475 pounds per acre; modities to the processor in a manner that

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1292 CONGRESSIONAL RECORD — SENATE January 21, 2003 reflects contracts entered into between the (1) weather-related disasters have caused this Act and ending on the last day of the processor and the producers; and economic distress for United States pork 2002 marketing year for the kind of tobacco (2) made available under such terms and producers in the form of higher feed costs; involved, the Secretary of Agriculture may conditions as the Secretary determines are (2) feed assistance programs administered waive the application of section 1464.2(b)(2) necessary to carry out this section. by the Secretary (such as the Livestock As- of title 7, Code of Federal Regulations. (c) QUANTITY.—To carry out this section, sistance Program established under part 1439 (c) REGULATIONS.— the Secretary shall— of title 7, Code of Federal Regulations, and (1) IN GENERAL.—The Secretary of Agri- (1) use 200,000 tons of commodities in the the 2002 Cattle Feed Program announced by culture may promulgate such regulations as inventory of the Commodity Credit Corpora- the Secretary on September 3, 2002 (67 Fed. are necessary to implement this section and tion under section 156(a) of the Federal Agri- Reg. 56260)), have been very effective in— the amendments made by this section. culture Improvement and Reform Act of 1996 (A) assisting cow-calf producers that have (2) PROCEDURE.—The promulgation of the (7 U.S.C. 7272(a)); been negatively affected by weather-related regulations and administration of this sec- (2) make payments in an aggregate amount disasters; and tion and the amendments made by this sec- equal to the market value of 200,000 tons of (B) reducing Commodity Credit Corpora- tion shall be made without regard to— commodities described in paragraph (1); or tion-owned stocks of powdered nonfat dry (A) the notice and comment provisions of (3) take any combination of actions de- milk; and section 553 of title 5, United States Code; scribed in paragraphs (1) and (2) using com- (3) the Secretary, using authorities of the (B) the Statement of Policy of the Sec- modities or payments with a total market Commodity Credit Corporation, should ex- retary of Agriculture effective July 24, 1971 value of 200,000 tons of commodities de- pand feed assistance programs admininstered (36 Fed. Reg. 13804), relating to notices of scribed in paragraph (1). by the Secretary to include United States proposed rulemaking and public participa- (d) LIMITATIONS.—The Secretary shall pro- pork producers that are negatively affected tion in rulemaking; and vide assistance under this section only in a by weather-related disasters. (C) chapter 35 of title 44, United States State described in section 359f(c)(1)(A) of the SEC. 215. FUNDING. Code (commonly known as the ‘‘Paperwork Agricultural Adjustment Act of 1938 (7 U.S.C. (a) IN GENERAL.—The Secretary shall use Reduction Act’’). 1359ff(c)(1)(A)) in which a qualifying natural the funds, facilities, and authorities of the (3) CONGRESSIONAL REVIEW OF AGENCY RULE- disaster declaration was made during cal- Commodity Credit Corporation to carry out MAKING.—In carrying out this subsection, the endar year 2002. this title, to remain available until ex- Secretary shall use the authority provided SEC. 210. WEATHER-RELATED LOSSES. pended. under section 808 of title 5, United States The Secretary shall use not more than (b) ADMINISTRATION.—The Secretary, act- Code. $80,000,000 of funds of the Commodity Credit ing through the Farm Service Agency, may Corporation to provide assistance to sugar use not more than $70,000,000 of funds of the SA 206. Mr. VOINOVICH (for himself, beet producers that suffered production Commodity Credit Corporation to cover ad- and Mr. DEWINE) submitted an amend- losses (including quality losses) for the 2002 ministrative costs associated with the implement intended to be proposed by him crop year, as determined by the Secretary. mentation of this title and title I of the to the joint resolution H.J. Res. 2, SEC. 211. ASSISTANCE TO AGRICULTURAL PRO- Farm Security and Rural Investment Act of making further continuing appropria- DUCERS LOCATED ALONG RIO 2002 (7 U.S.C. 7901 et seq.), to remain avail- tions for the fiscal year 2003, and for GRANDE FOR WATER LOSSES. able until expended. (a) IN GENERAL.—The Secretary shall use other purposes; which was ordered to SEC. 216. REGULATIONS. $10,000,000 of funds of the Commodity Credit lie on the table; as follows: (a) IN GENERAL.—The Secretary may pro- Corporation to make a grant to the State of mulgate such regulations as are necessary to On page 424, between lines 12 and 13, insert Texas, acting through the Texas Department implement this title. the following: of Agriculture, to provide assistance to agri- (b) PROCEDURE.—The promulgation of the SEC. 5ll. EXTENSION OF PROHIBITION OF OIL cultural producers in the State of Texas with regulations and administration of this title AND GAS DRILLING IN THE GREAT farming operations along the Rio Grande shall be made without regard to— LAKES. that have suffered economic losses during (1) the notice and comment provisions of Section 503 of the Energy and Water Re- sources Development Approptiations Act, the 2002 crop year due to the failure of Mex- section 553 of title 5, United States Code; 2002 (115 Stat. 512), is amended by striking ico to deliver water to the United States in (2) the Statement of Policy of the Sec- ‘‘2002 and 2003’’ and inserting ‘‘2002 through accordance with the Treaty Relating to the retary of Agriculture effective July 24, 1971 2005’’. Utilization of Waters of the Colorado and Ti- (36 Fed. Reg. 13804), relating to notices of juana Rivers and of the Rio Grande, and Sup- proposed rulemaking and public participa- plementary Protocol signed November 14, SA 207. Mr. VOINOVICH (for himself tion in rulemaking; and 1944, signed at Washington February 3, 1944 and Mr. DEWINE) submitted an amend- (3) chapter 35 of title 44, United States (59 Stat. 1219; TS 994). ment intended to be proposed by him Code (commonly known as the ‘‘Paperwork (b) AMOUNT.—The amount of assistance to the joint resolution H.J. Res. 2, provided to individual agricultural producers Reduction Act’’). (c) CONGRESSIONAL REVIEW OF AGENCY making further continuing appropria- under this section shall be proportional to RULEMAKING.—In carrying out this section, tions for the fiscal year 2003, and for the amount of economic losses described in the Secretary shall use the authority pro- subsection (a) that were incurred by the pro- other purposes; which was ordered to vided under section 808 of title 5, United ducers. lie on the table; as follows: States Code. SEC. 212. ASSISTANCE TO AGRICULTURAL PRO- On page 547, between lines 4 and 5, insert the following: DUCERS LOCATED IN NEW MEXICO Mr. MCCONNELL submitted FOR TEBUTHIURON APPLICATION SA 205. an amendment intended to be proposed TITLE ll—OTTAWA NATIONAL WILDLIFE LOSSES. REFUGE COMPLEX (a) IN GENERAL.—The Secretary shall use by him to the joint resolution H.J. Res. not more than $1,650,000 of funds of the Com- 2, making further continuing appro- SEC. ll01. SHORT TITLE. This title may be cited as the ‘‘Ottawa Na- modity Credit Corporation to reimburse ag- priations for the fiscal year 2003, and tional Wildlife Refuge Complex Expansion ricultural producers on farms located in the for other purposes; which was ordered and Detroit River International Wildlife Ref- vicinity of Malaga, New Mexico, for losses to lie on the table; as follows: uge Expansion Act’’. incurred during calendar years 2002 and 2003 as the result of the application by the Fed- On page 80, between lines 3 and 4, insert SEC. ll02. DEFINITIONS. eral Government of tebuthiuron on land on the following: In this title: or near the farms of the producers during SEC. 7ll. PRICE SUPPORT ADJUSTMENTS. (1) INTERNATIONAL REFUGE.—The term August 2002, to remain available until ex- (a) CARRY FORWARD ADJUSTMENT.—Section ‘‘International Refuge’’ means the Detroit pended. 319(e) of the Agricultural Adjustment Act of River International Wildlife Refuge estab- (b) AMOUNT.—The amount of assistance 1938 (7 U.S.C. 1314e(e)) is amended in the fifth lished by section 5(a) of the Detroit River provided to individual agricultural producers sentence— International Wildlife Refuge Establishment under this section shall be proportional to (1) by striking ‘‘: Provided, That’’ and in- Act (16 U.S.C. 668dd note; 115 Stat. 894). the amount of losses described in subsection serting ‘‘, except that (1)’’; and (2) REFUGE COMPLEX.—The term ‘‘Refuge (a) that were incurred by the producers. (2) by inserting before the period at the end Complex’’ means the Ottawa National Wild- SEC. 213. ADMINISTRATION. the following: ‘‘, (2) the total quantity of all life Refuge Complex and the lands and Section 1232(a)(7)(A)(iii) of the Food Secu- adjustments under this sentence for all waters in the complex, as described in the rity Act of 1985 (16 U.S.C. 3832(a)(7)(A)(iii)) is farms for any crop year may not exceed 10 document entitled ‘‘The Comprehensive Con- amended by inserting before the semicolon percent of the national basic quota for the servation Plan for the Ottawa National Wild- the following: ‘‘, except that this clause shall preceding crop year, and (3) this sentence life Refuge Complex’’ and dated September not apply during the 2002 calendar year’’. shall not apply to the establishment of a 22, 2000, including— SEC. 214. SENSE OF SENATE ON ASSISTANCE FOR marketing quota for the 2003 marketing (A) the Ottawa National Wildlife Refuge, PORK PRODUCERS UNDER THE year’’. established by the Secretary in accordance FEED ASSISTANCE PROGRAMS. (b) SPECIAL REQUIREMENTS.—During the pe- with the Migratory Bird Conservation Act It is the sense of the Senate that— riod beginning on the date of enactment of (16 U.S.C. 715 et seq.);

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(B) the West Sister Island National Wild- SEC. ll04. EXPANSION OF INTERNATIONAL REF- (d) COOPERATIVE AGREEMENTS REGARDING life Refuge established by Executive Order UGE BOUNDARIES. NON-FEDERAL LAND.—To promote public No. 7937, dated August 2, 1937; and The southern boundary of the Inter- awareness of the resources of the western (C) the Cedar Point National Wildlife Ref- national Refuge is extended south to include basin and encourage public participation in uge established by the Secretary in accord- additional land and water in the State of the conservation of those resources, the Sec- ance with the Migratory Bird Conservation Michigan located east of Interstate Route 75, retary may enter into cooperative agree- Act (16 U.S.C. 715 et seq.). extending from the southern boundary of ments with the State of Ohio or Michigan, (3) SECRETARY.—The term ‘‘Secretary’’ Sterling State Park to the Ohio State bound- any political subdivision of the State, or any means the Secretary of the Interior. ary, as depicted on the map referred to in person for the management, in a manner section ll03(a)(1). (4) WESTERN BASIN.— consistent with this title, of land that— ll (A) IN GENERAL.—The term ‘‘western SEC. 05. ADMINISTRATION. (1) is owned by the State, political subdivi- basin’’ means the western basin of Lake (a) REFUGE COMPLEX.— sion, or person; and Erie, consisting of the land and water in the (1) IN GENERAL.—The Secretary shall ad- (2) is located within the boundaries of the watersheds of Lake Erie extending from the minister all federally owned land, water, and Refuge Complex. watershed of the Lower Detroit River in the interests in land and water that are located (e) USE OF EXISTING GREENWAY AUTHOR- State of Michigan to and including Sandusky within the boundaries of the Refuge Complex ITY.—The Secretary shall encourage the Bay and the watershed of Sandusky Bay in in accordance with— State of Ohio to use authority under the rec- the State of Ohio. (A) the National Wildlife Refuge System reational trails program under section 206 of (B) INCLUSION.—The term ‘western basin’ Administration Act of 1966 (16 U.S.C. 668dd et title 23, United States Code, to provide fund- includes the Bass Island archipelago in the seq.); and ing for acquisition and development of trails State of Ohio. (B) this title. within the boundaries of the Refuge Com- (2) ADDITIONAL AUTHORITY.—The Secretary SEC. ll03. EXPANSION OF BOUNDARIES. plex. may use such additional statutory authority ll (a) REFUGE COMPLEX BOUNDARIES.— SEC. 06. AUTHORIZATION OF APPROPRIA- available to the Secretary for the conserva- TIONS. (1) EXPANSION.—The boundaries of the Ref- tion of fish and wildlife, and the provision of There are authorized to be appropriated uge Complex are expanded to include land opportunities for fish- and wildlife-dependent such sums as are necessary— and water in the State of Ohio from the east- recreation, as the Secretary determines to be (1) to acquire land and water within the ern boundary of Maumee Bay State Park to appropriate to carry out this title. Refuge Complex under section ll03(c); the eastern boundary of the Darby Unit (in- (b) ADDITIONAL PURPOSES.—In addition to (2) to carry out the study under section cluding the Bass Island archipelago), as de- the purposes of the Refuge Complex under ll03(e); and picted on the map entitled ‘‘Ottawa National other laws, regulations, executive orders, (3) to develop, operate, and maintain the Wildlife Refuge Complex Expansion and De- and comprehensive conservation plans, the Refuge Complex. troit River International Wildlife Refuge Ex- Refuge Complex shall be managed— pansion Act’’ and dated September 6, 2002. (1) to strengthen and complement existing SA 208. Mr. SMITH (for himself and (2) AVAILABILITY OF MAP.—The map re- resource management, conservation, and Mr. WYDEN) submitted an amendment ferred to in paragraph (1) shall be available education programs and activities at the for inspection in appropriate offices of the intended to be proposed by him to the Refuge Complex in a manner consistent with joint resolution H.J. Res. 2, making United States Fish and Wildlife Service. the primary purposes of the Refuge Com- (b) BOUNDARY REVISIONS.—The Secretary plex— further continuing appropriations for may make such revisions of the boundaries (A) to provide major resting, feeding, and the fiscal year 2003, and for other pur- of the Refuge Complex as the Secretary de- wintering habitats for migratory birds and poses; which was ordered to lie on the termines to be appropriate— other wildlife; and table; as follows: (1) to facilitate the acquisition of property (B) to enhance national resource conserva- At the appropriate place in the bill, insert within the Refuge Complex; or tion and management in the western basin; the following: (2) to carry out this title. (2) in partnership with nongovernmental ‘‘SEC. . BANDON CRANBERRY WATER CONTROL (c) ACQUISITION.— and private organizations and private indi- DISTRICT. (1) IN GENERAL.—Subject to paragraph (2), viduals dedicated to habitat enhancement, to ‘‘(a) Of the funds made available to the the Secretary may acquire by donation, pur- conserve, enhance, and restore the native United States Department of Agriculture for chase with donated or appropriated funds, or aquatic and terrestrial community charac- the Rural Community Advancement Pro- exchange the land and water, and interests teristics of the western basin (including as- gram, $250,000 shall be made available from in land and water (including conservation sociated fish, wildlife, and plant species); the Rural Community Facilities Grant Pro- easements), within the boundaries of the (3) to facilitate partnerships among the gram for grants to the Bandon Cranberry Refuge Complex. United States Fish and Wildlife Service, Ca- Water Control District in Coos County, Or- (2) CONSENT.—No land, water, or interest in nadian national and provincial authorities, egon, to help meet certain debt obligations land or water described in paragraph (1) may State and local governments, local commu- for existing water supply projects. be acquired by the Secretary without the nities in the United States and Canada, con- ‘‘(b) The Department is further directed to consent of the owner of the land, water, or servation organizations, and other non-Fed- work with the Bandon Cranberry Water Con- interest. eral entities to promote public awareness of trol District to restructure its remaining (d) TRANSFERS FROM OTHER AGENCIES.—Ad- the resources of the western basin; and debt on water supply projects, in light of the ministrative jurisdiction over any Federal (4) to advance the collective goals and pri- significant reduction in commodity prices property that is located within the bound- orities that— experienced by the cranberry growers in re- aries of the Refuge Complex and under the (A) were established in the report entitled cent years.’’ administrative jurisdiction of an agency of ‘‘Great Lakes Strategy 2002—A Plan for the the United States other than the Depart- New Millennium’’, developed by the United SA 209. Mr. SMITH (for himself and ment of the Interior may, with the concur- States Policy Committee, comprised of Fed- Mr. WYDEN) submitted an amendment rence of the head of the administering agen- eral agencies (including the United States intended to be proposed by him to the cy, be transferred without consideration to Fish and Wildlife Service, the National Oce- joint resolution H.J. Res. 2, making the Secretary for the purpose of this title. anic and Atmospheric Administration, the further continuing appropriations for (e) STUDY OF ASSOCIATED AREA.— United States Geological Survey, the Forest the fiscal year 2003, and for other pur- (1) IN GENERAL.—The Secretary, acting Service, and the Great Lakes Fishery Com- through the Director of the United States mission) and State governments and tribal poses; which was ordered to lie on the Fish and Wildlife Service, shall conduct a governments in the Great Lakes basin; and table; as follows: study of fish and wildlife habitat and aquatic (B) include the goals of cooperating to pro- At the appropriate place in the bill, insert and terrestrial communities in and around tect and restore the chemical, physical, and the following: the 2 dredge spoil disposal sites that are— biological integrity of the Great Lakes basin ‘‘SEC. . BANDON CRANBERRY WATER CONTROL (A) referred to by the Toledo-Lucas County ecosystem. DISTRICT. Port Authority as ‘‘Port Authority Facility (c) PRIORITY USES.—In providing opportu- ‘‘(a) Of the funds made available to the Number Three’’ and ‘‘Grassy Island’’, respec- nities for compatible fish- and wildlife-de- United States Department of Agriculture for tively; and pendent recreation, the Secretary, in accord- the Rural Community Advancement Pro- (B) located within Toledo Harbor near the ance with paragraphs (3) and (4) of section gram, $250,000 shall be made available from mouth of the Maumee River. 4(a) of the National Wildlife Refuge System the Rural Community Facilities Grant Pro- (2) REPORT.—Not later than 18 months Administration Act of 1966 (16 U.S.C. gram for grants to the Bandon Cranberry after the date of enactment of this Act, the 668dd(a)), shall ensure, to the maximum ex- Water Control District in Coos County, Or- Secretary shall— tent practicable, that hunting, trapping, egon, to help meet certain debt obligations (A) complete the study under paragraph fishing, wildlife observation and photog- for existing water supply projects.’’ (1); and raphy, and environmental education and in- (B) submit to Congress a report on the re- terpretation are the priority public uses of SA 210. Mr. NICKLES submitted an sults of the study. the Refuge Complex. amendment intended to be proposed by

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1294 CONGRESSIONAL RECORD — SENATE January 21, 2003 him to the joint resolution H.J. Res. 2, ther, That the economic justification be fully SA 218. Mr. HATCH submitted an making further continuing appropria- described, including the analysis of the bene- amendment intended to be proposed by tions for the fiscal year 2003, and for fits and costs, in the project plan documents: him to the joint resolution H.J. Res. 2, Provided further, That the plans for the emer- other purposes; which was ordered to gency outlet shall be reviewed and, to be ef- making further continuing appropria- lie on the table; as follows: fective, shall contain assurances provided by tions for the fiscal year 2003, and for On page 578 strike lines 15 through 19. the Secretary of State, after consultation other purposes; which was ordered to with the International Joint Commission,’’. lie on the table; as follows: SA 211. Mr. MCCAIN submitted an At the appropriate place, insert the fol- amendment intended to be proposed by SA 215. Mr. STEVENS submitted an lowing: him to the joint resolution H.J. Res. 2, amendment intended to be proposed by SEC 7(c) OF PL 106–143 IS AMENDED BY making further continuing appropria- him to the joint resolution H.J. Res. 2, STRIKING ‘‘2001’’, AND INSERTING 2004. tions for the fiscal year 2003, and for making further continuing appropria- other purposes; which was ordered to tions for the fiscal year 2003, and for SA 219. Mr. HATCH submitted an lie on the table; as follows: other purposes; which was ordered to amendment intended to be proposed by On page 772, beginning with line 24, strike lie on the table; as follows: him to the joint resolution H.J. Res. 2, through line 2 on page 773. On page 1052, line 5, strike ‘‘1.6 percent’’ making further continuing appropria- and insert: ‘‘0.5 percent’’. tions for the fiscal year 2003, and for SA 212. Mr. MCCAIN submitted an other purposes; which was ordered to amendment intended to be proposed by SA 216. Mr. STEVENS submitted an lie on the table; as follows: amendment intended to be proposed by him to the joint resolution H.J. Res. 2, On page 486, between lines 8 and 9, insert making further continuing appropria- him to the joint resolution H.J. Res. 2, the following: tions for the fiscal year 2003, and for making further continuing appropria- SEC. ll. BLACK REVOLUTIONARY WAR PATRI- other purposes; which was ordered to tions for the fiscal year 2003, and for OTS MEMORIAL. lie on the table; as follows: other purposes; which was ordered to (a) COST SHARING.—Public Law 99–558 (100 Stat. 3144) is amended by striking section 2 On page 745, beginning with ‘‘account; to lie on the table; as follows: and inserting the following: be available’’ in line 24, strike through line On page 486, line 9, insert the following: 12 on page 749, and insert ‘‘account.’’. ‘‘SEC. 136. At the end of Pub. L. No. 92–203, ‘‘SEC. 2. COST SHARING. as amended, insert the following new sec- ‘‘Up to 25 percent of the total cost of estab- SA 213. Mr. MCCAIN submitted an tion: lishing the memorial may be derived from ‘‘Notwithstanding any other provision of Federal sources.’’. amendment intended to be proposed by law, section 4(5) of Pub. L. 100–497 shall in- him to the joint resolution H.J. Res. 2, (b) REPEAL OF DUPLICATIVE ENACTMENTS.— clude those entities defined in section 3(g) of (1) Section 118 of Public Law 99–500 (100 making further continuing appropria- Pub. L. 92–203, and 25 U.S.C. sections 465 and Stat. 1783–266) is repealed. tions for the fiscal year 2003, and for 467 shall be applicable to such entities to (2) Title VIII of Public Law 99–590 (100 Stat. other purposes; which was ordered to carry out, within the continental United 3339) is repealed. lie on the table; as follows: States, the purposes of Pub. L. 100–497. For (3) Section 118 of Public Law 99–591 (100 the sole purpose of carrying out the activi- On page 731, beginning with ‘‘the fol- Stat. 3341–266) is repealed. ties permitted by Pub. L. 100–497, those enti- lowing’’ in line 10, strike through line 2 on ties shall be deemed to be on the list pro- page 735, and insert, ‘‘sums shall be made SA 220. Mrs. BOXER (for herself, Mr. vided for in Pub. L. 103–454 and in carrying available for Intelligent Transportation Sys- ENSIGN, and Mr. SPECTER) submitted an out these activities shall have the same pow- tem projects that are designed to achieve the ers, authority, status and immunities as if amendment intended to be proposed by goals and purposes set forth in section 5203 of included on that list. The applicable Sec- her to the joint resolution H.J. Res. 2, the Intelligent Transportation Systems Act retary, utilizing the authority provided in making further continuing appropria- of 1998 (subtitle C of title V of Public Law section 22(f) of Pub. L. 92–203 or 1302(h) of tions for the fiscal year 2003, and for 105–178; 112 Stat. 453; 23 U.S.C. 502 note).’’. Pub. L. 96–487 may in his or her discretion other purposes; which was ordered to enter into a land exchange pursuant thereto. Mr. MCCAIN submitted an lie on the table; as follows: SA 214. An entity defined in section 3(g) of Pub. L. At the appropriate place, insert the fol- amendment intended to be proposed by 92–203 may apply, for a period of ten years him to the joint resolution H.J. Res. 2, from the date of enactment of this section, lowing: making further continuing appropria- to the Secretary of the Interior to have title SEC. . FUNDING FOR AFTER-SCHOOL PRO- tions for the fiscal year 2003, and for to any lands that have been or may be ac- GRAMS. other purposes; which was ordered to quired by the entity pursuant to section 22(f) (a) FINDINGS.—Congress finds that— (1) There remains a great need for after- lie on the table; as follows: of Pub. L. 92–203, section 1302(h) of Pub. L. 96–487, or subsections 12(b)(6) or 12(b)(7) of school programs. The Census Bureau re- On page 262, beginning with ‘‘That’’ in line Pub. L. 94–204, as amended, placed in the sta- ported that at least 8 to 15 million children 2, strike through ‘‘State,’’ in line 24, and in- tus described in 25 U.S.C. sections 465 and 467 have no place to go after school is out. sert ‘‘That the Secretary of the Army, acting to carry out the purposes of Pub. L. 100–497, (2) According to the FBI, youth are most at through the Chief of Engineers, may use up and the Secretary shall accept title to such risk for committing violent acts and being to $5,000,000 of Construction, General funding lands and place them into such status forth- victims of violent crimes between 3 p.m. and as provided herein for construction of an with, and such lands shall be deemed to have 8 p.m.—after school is out and before parents emergency outlet from Devils Lake, North been in such status prior to October 17, arrive home. Dakota, to the Sheyenne River except that 1988.’’’ (3) Studies show that organized extra- the funds shall not become available until curricular activities, such as after-school completion of the feasibility study required SA 217. Mr. STEVENS submitted an programs, reduce crime, drug use, and teen- by Public Law 105–245, for the continuation amendment intended to be proposed by age pregnancy. of which the Secretary may use $500,000 of him to the joint resolution H.J. Res. 2, (b) SENSE OF THE SENATE.—It is the sense such funding, and except that the funds for making further continuing appropria- of the Senate that every effort should be such construction shall not become available made to— unless the Secretary of the Army determines tions for the fiscal year 2003, and for (1) accommodate the waiting lists of chil- that an emergency (as defined in section 102 other purposes; which was ordered to dren needing access to after-school proof the Robert T. Stafford Disaster Relief and lie on the table; as follows: grams; and Emergency Assistance Act (42 U.S.C. 5122) At the appropriate place, add the fol- (2) fund after-school programs at the level exists with respect to the emergency need lowing: authorized in the Leave No Child Behind for the outlet and reports to Congress that SEC. . Funding for the Individuals with Act. the construction is technically sound, eco- Disabilities Education Act. In addition to nomically justified, and environmentally ac- any amounts otherwise appropriated under SA 221. Mrs. BOXER submitted an ceptable and in compliance with the Na- this Act for support of Part B of the Individ- amendment intended to be proposed by tional Environmental Policy Act of 1969 (42 uals with Disabilities Education Act, the fol- her to the joint resolution H.J. Res. 2, U.S.C. 4321 et seq.): Provided further, That the lowing sum is appropriated out of any money making further continuing appropria- economic justification for the emergency in the Treasury not otherwise appropriated tions for the fiscal year 2003, and for outlet shall be prepared in accordance with for the fiscal year ending September 30, 2003, the principles and guidelines for economic $1,500,000,000, which shall become available other purposes; which was ordered to evaluation as required by regulations and on October 1, 2003, and shall remain available lie on the table; as follows: procedures of the Army Corps of Engineers through September 30, 2004, academic year On page 1014, between lines 13 and 14, insert for all flood control projects: Provided fur- 2003–2004. the following:

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1295 SEC. . SCOPE OF FEDERAL JURISDICTION OVER a qualified alien described in 8 U.S.C. 1641, On page 3, line 24, strike ‘‘$133,155,000’’ and WATERS OF THE UNITED STATES or’’; insert ‘‘$118,155,000’’. None of the funds made available under (4) in subsection (c)(1)(A), by striking this Act shall be used— ‘‘paragraphs (1) through (6)’’ and inserting SA 230. Mr. MCCAIN submitted an (1) to promulgate or implement any regu- ‘‘paragraphs (1) through (7)’’; and amendment intended to be proposed by lation relating to the scope of Federal juris- (5) in subsection (c)(2)(A), by inserting him to the joint resolution H.J. Res. 2, diction under the Federal Water Pollution ‘‘(other than a qualified alien as described in making further continuing appropria- Control Act (33 U.S.C. 1251 et seq.) over 8 U.S.C. 1641(c))’’ after ‘‘any alien’’.’’ waters of the United States (including the tions for the fiscal year 2003, and for proposed rulemaking described in the notion SA 225. Ms. LANDRIEU (for herself other purposes; which was ordered to issued on January 15, 2003 (68 Fed. Reg. 1991 and Mr. BREAUX) submitted an amend- lie on the table; as follows: (January 15, 2003)) or any similar regula- ment intended to be proposed by her to On page 263, beginning with ‘‘$346,437,000,’’ tion); or the joint resolution H.J. Res. 2, making in line 24, strike through line 6 on page 264 (2) to implement as a policy of the Federal and insert ‘‘$331,687,000, to remain available Government the holding in Solid Waste further continuing appropriations for the fiscal year 2003, and for other pur- until expended: Provided, That the Secretary Agency of Northern Cook County v. United of the Army, acting through the Chief of En- States Army Corps of Engineers, 531 U.S. 159 poses; which was ordered to lie on the gineers, using $250,000 of the funds provided (2001), relating to the scope of Federal juris- table; as follows: herein, is directed to continue environ- diction conferred by Congress under the Fed- On page 259, line 19, strike ‘‘projects:’’ and mental review and project plans for the eral Water Pollution Control Act (33 U.S.C. insert ‘‘projects; and of which $55,000,000 Yazoo Basin, Yazoo Backwater Pumping 1251 et seq.), so as to apply the holding of shall be available for the Southeast Lou- Plant, Mississippi.’’. that case to any factual situation other than isiana project:’’. the precise facts in that case. SA 231. Mr. GRAHAM of Florida (for SA 226. Mr. KOHL submitted an himself and Mr. KENNEDY) submitted SA 222. Mrs. BOXER submitted an amendment intended to be proposed by an amendment intended to be proposed amendment intended to be proposed by her to the joint resolution H.J. Res. 2, her to the joint resolution H.J. Res. 2, by him to the joint resolution H.J. Res. making further continuing appropria- 2, making further continuing appro- making further continuing appropriations for the fiscal year 2003, and for tions for the fiscal year 2003, and for priations for the fiscal year 2003, and other purposes; which was ordered to for other purposes; which was ordered other purposes; which was ordered to lie on the table; as follows: lie on the table; as follows: to lie on the table; as follows: On page 35, line 7, strike ‘‘$682,814,000’’ and On page 1047, between lines 19 and 20, insert On page 1014, between lines 13 and 14, insert insert ‘‘$678,814,000’’. the following: the following: On page 35, line 12 strike ‘‘$86,762,000’’ and SEC. 404. (a) The letter to State Medicaid SEC. . FEDERAL JURISDICTION OVER WATERS insert ‘‘$82,762,000’’. Directors dated December 20, 2002, from Den- OF THE UNITED STATES. On page 43, line 7, strike ‘‘$35,000,000’’ and ‘‘No funds made available by this Act shall nis G. Smith, Director, Center for Medicaid insert ‘‘$34,000,000’’. and State Operations of the Centers for be used by the Administration of the Envi- On page 43, line 18, strike ‘‘$47,498,000’’ and ronmental Protection Agency or the Sec- Medicare & Medicaid Services (relating to insert ‘‘$46,498,000’’. placing limits on coverage of emergency retary of the Army Corps of Engineers to ex- In Division A, at the appropriate place, in- empt any bodies of water that are currently services under the medicaid program under sert the following new section: title XIX of the Social Security Act), shall covered by the Clean Water Act from the SEC. . There is hereby appropriated Clean Water Act.’’ have no force or effect and State medicaid $6,000,000 for grants made available in ac- programs shall be administered without re- cordance with section 7412 of Public Law 107– SA 223. Mrs. BOXER (for herself and gard to such letter. 171.’’ (b) None of the funds appropriated or made Mrs. FEINSTEIN) submitted an amend- available in this Act may be used for payment intended to be proposed by her to SA 227. Mr. KOHL submitted an ments for medicaid expenditures directly or the joint resolution H.J. Res. 2, making amendment intended to be proposed by indirectly related to capitation payments (or further continuing appropriations for him to the joint resolution H.J. Res. 2, other forms of premium or risk payments) to the fiscal year 2003, and for other pur- making further continuing appropria- a managed care entity (including a primary poses; which was ordered to lie on the tions for the fiscal year 2003, and for care case manager) that does not pay for use table; as follows: other purposes; which was ordered to of emergency services by a medicaid bene- On page 486, between lines 8 and 9, insert lie on the table; as follows: ficiary enrolled with the entity that meet the prudent layperson standard under the following: On Page 41, line 20, strike ‘‘$55,956,000’’ and 1932(b)(2) of the Social Security Act (42 SEC. . CALIFORNIA OFFSHORE OIL LEASES. insert ‘‘53,956,000’’. U.S.C. 1396u–2(b)(2)). ‘‘No funds made available by this act shall On Page 42, line 14, strike ‘‘$730,000,000’’ and insert ‘‘722,000,000’’. be used by the Secretary of the Interior to SA 232. Mr. GRAHAM of Florida (for approve any exploration, development, or In Division A, at the appropriate place, in- production plan for, or application for a per- sert the following new section: himself and Mr. KENNEDY) submitted mit to drill on, the 36 undeveloped leases in SEC. . There is hereby appropriated an an amendment intended to be proposed southern California planning area of the amount sufficient for expansion of the pro- by him to the joint resolution H.J. Res. outer Continental Shelf during any period in gram described in section 18(f) of the Richard 2, making further continuing appro- which the leases are engaged in settlement B. Russell National School Lunch Act (42 priations for the fiscal year 2003, and negotiations with the Secretary of the Inte- U.S.C. 1769(f)) to include an additional twen- for other purposes; which was ordered rior for the retirement of the leases.’’ ty states; Provided, That these funds should to lie on the table; as follows: be used to include states with the lowest pro- SA 224. Mr. BOND submitted an gram participation rates averaged over the On page 1047, between lines 19 and 20, insert amendment intended to be proposed by three previous years. the following: SEC. 404. (a) The letter to State Medicaid him to the joint resolution H.J. Res. 2, SA 228. Mr. HARKIN submitted an Directors dated December 20, 2002, from Den- making further continuing appropria- nis G. Smith, Director, Center for Medicaid tions for the fiscal year 2003, and for amendment intended to be proposed by him to the joint resolution H.J. Res. 2, and State Operations of the Centers for other purposes; which was ordered to Medicare & Medicaid Services (relating to lie on the table; as follows: making further continuing appropria- placing limits on coverage of emergency tions for the fiscal year 2003, and for On page 1014, after line 13, insert the fol- services under the medicaid program under lowing new section, with the section renum- other purposes; which was ordered to title XIX of the Social Security Act), shall bered as appropriate: lie on the table; as follows: have no force or effect and State medicaid programs shall be administered without re- ‘‘SEC. 423. SECTION 214 OF THE HOUSING AND On page 75, strike lines 17 through 20. COMMUNITY DEVELOPMENT ACT OF gard to such letter. 1980 (42. U.S.C. 1436a) IS AMENDED SA 229. Mr. HARKIN submitted an (b) None of the funds appropriated or made BY: amendment intended to be proposed by available in this Act may be used for pay- (1) in subsection (a)(6), by striking out him to the joint resolution H.J. Res. 2, ments for medicaid expenditures directly or ‘‘or’’ at the end; indirectly related to capitation payments (or (2) by renumbering paragraph (7) as (8) in making further continuing appropria- other forms of premium or risk payments) to subsection (a); tions for the fiscal year 2003, and for a managed care entity (including a primary (3) by adding after paragraph (6) in sub- other purposes; which was ordered to care case manager) that does not pay for use section (a), the following new paragraph: ‘‘(7) lie on the table; as follows: of emergency services by a medicaid

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1296 CONGRESSIONAL RECORD — SENATE January 21, 2003 beneficiary enrolled with the entity that other purposes; which was ordered to tions for the fiscal year 2003, and for meet the prudent layperson standard under lie on the table; as follows: other purposes; which was ordered to 1932(b)(2) of the Social Security Act (42 On page 80, between lines 3 and 4, insert lie on the table; as follows: U.S.C. 1396u–2(b)(2)). the following: (c) None of the funds appropriated or made Beginning on page 111, line 25, strike ‘‘: SEC. 7ll. SENSE OF THE SENATE CONCERNING available in this Act may be used to approve Provided, That’’ and all that follows before CERTAIN FUNDS FOR TECHNICAL the period on page 112, line 4. medicaid plan amendments, waivers, or ASSISTANCE FOR MANDATORY CON- waiver amendments that restrict payment SERVATION PROGRAMS. SA 239. Mr. DODD submitted an on behalf of a medicaid beneficiary enrolled (a) FINDINGS.—The Senate finds that— with a managed care entity (including a pri- (1) conservation technical assistance pro- amendment intended to be proposed by mary care case manager) for use of emer- vided through the Department of Agriculture him to the joint resolution H.J. Res. 2, gency services that meet the prudent is essential to help the farmers, ranchers, making further continuing appropria- layperson standard under section 1932(b)(2) of and landowners of the United States to im- tions for the fiscal year 2003, and for the Social Security Act (42 U.S.C. 1396u– plement and maintain critical conservation other purposes; which was ordered to 2(b)(2)). practices; lie on the table; as follows: (2) Congress provided a historic increase in SA 233. Mr. CORZINE (for himself On page 1032, strike lines 18 through 20, and mandatory funding for voluntary conserva- insert the following: and Mrs. CLINTON) submitted an tion efforts in the Farm Security and Rural carry out the provisions of the Help America amendment intended to be proposed by Investment Act of 2002 (Public Law 107–171); Vote Act of 2002 (Public Law 107–252; 116 him to the joint resolution H.J. Res. 2, (3) in that Act, Congress provided manda- Stat. 1666), to remain available until ex- making further continuing appropria- tory funding sufficient to cover all conserva- pended. tions for the fiscal year 2003, and for tion technical assistance needed to carry out conservation programs; other purposes; which was ordered to SA 240. Mr. SMITH submitted an (4) under that Act, conservation technical amendment intended to be proposed by lie on the table; as follows: assistance is provided to carry out conserva- On page 115, between lines 23 and 24, insert tion programs; him to the joint resolution H.J. Res. 2, the following: (5) the General Accounting Office has de- making further continuing appropria- SEC. 110. None of the funds appropriated by termined that, under the Farm Security and tions for the fiscal year 2003, and for this Act may be used to remove, deport, or Rural Investment Act of 2002, funding for other purposes; which was ordered to detain an alien spouse or child of an indi- conservation technical assistance— lie on the table; as follows: vidual who died as a result of a September (A) is provided directly for conservation At the appropriate place, insert the fol- 11, 2001, terrorist attack, unless the alien programs; and lowing: spouse or child is— (B) is not subject to the limitation speci- SEC. ll. CLARIFICATION OF CERTAIN PATENT (1) inadmissible under paragraph (2) or (3) fied in section 11 of the Commodity Credit PROVISIONS TO RAILROAD CARS. of section 212(a) of the Immigration and Na- Corporation Charter Act (15 U.S.C. 714i); and Section 272 of title 35, United States Code, tionality Act (8 U.S.C. 1182(a)) or deportable (6) the General Accounting Office has de- is amended by adding after the period the under paragraph (2) or (4) of section 237(a) of termined that funds in the Conservation Op- following: ‘‘This section shall apply to any that Act (8 U.S.C. 1227(a)) (including any ter- erations account cannot be used to fund con- vehicle that is a railroad car entering and rorist perpetrator of a September 11, 2001, servation technical assistance for conserva- leaving the United States on a regular terrorist attack against the United States); tion programs under the Farm Security and basis.’’. or Rural Investment Act of 2002. (2) a member of the family of a person de- (b) SENSE OF THE SENATE.—It is the sense SA 241. Mr. CHAFEE submitted an scribed in paragraph (1). of the Senate that— amendment intended to be proposed by (1) the President should provide full fund- SA 234. Mr. CORZINE submitted an ing for conservation technical assistance in him to the joint resolution H.J. Res. 2, amendment intended to be proposed by order to implement conservation programs making further continuing appropria- him to the joint resolution H.J. Res. 2, under title XII of the Food Security Act of tions for the fiscal year 2003, and for making further continuing appropria- 1985 (16 U.S.C. 3801 et seq.); and other purposes; which was ordered to tions for the fiscal year 2003, and for (2) the President should not use funds from lie on the table; as follows: the Conservation Operations account to pro- At the end of title III of Division G, add other purposes; which was ordered to vide conservation technical assistance for lie on the table; as follows: the following: carrying out conservation programs directly SEC. ll. HIGHER EDUCATION FUNDING. On page 1026, after line 22, add the fol- funded by that title. Notwithstanding any other provision of lowing: this Act, of the amounts appropriated under SEC. 111. (a) In addition to amounts appro- SA 237. Mr. DODD submitted an this Act for programs or activities under priated in Public Law 107–248, funds are here- amendment intended to be proposed by title III of Division G that are in excess of by appropriated for the National Commission him to the joint resolution H.J. Res. 2, $54,195,685,000 that are available for distribu- To Fight Terrorist Attacks Upon the United making further continuing appropriation to States and local educational agencies States for fiscal year 2003 in the total tions for the fiscal year 2003, and for in accordance with sections 5111 and 5112 of amount of $3,000,000. the Elementary and Secondary Education (b) The total amount appropriated under other purposes; which was ordered to Act of 1965— the heading ‘‘Departmental offices, salaries, lie on the table; as follows: (1) $1,350,000,000 shall be available to the and expenses’’ in title I of division J of this On page 596, between lines 2 and 3, insert Secretary of Education to carry out subpart Act is hereby reduced by $3,000,000. the following: 1 of part A of title IV of the Higher Edu- ELECTION REFORM GRANT PROGRAM SA 235. Mr. CORZINE submitted an cation Act of 1965 (Federal Pell Grants); and Notwithstanding title I of division B, the (2) $150,000,000 shall be available to the Sec- amendment intended to be proposed by appropriation under such title of $50,000,000 retary of Education for programs under the him to the joint resolution H.J. Res. 2, to the Office of Justice Programs of the De- Higher Education Act of 1965, other than pro- making further continuing appropria- partment of Justice for an election reform grams under subpart 1 of part A of title IV of tions for the fiscal year 2003, and for grant program is rescinded, the proviso re- such Act. other purposes; which was ordered to lating to such appropriation shall have no effect, and there is appropriated, out of any lie on the table; as follows: SA 242. Mr. EDWARDS submitted an money in the Treasury not otherwise appro- amendment intended to be proposed by On page 1026, after line 22, add the fol- priated, for the Department of Health and lowing: Human Services for the expenses authorized him to the joint resolution H.J.Res. 2, SEC. 111. (a) In addition to amounts appro- by part 2 of subtitle D of title II of the Help making further continuing appropria- priated in Public Law 107–248, funds are here- America Vote Act of 2002 (Public Law 107– tions for the fiscal year 2003, and for by appropriated for the National Commission 252; 116 Stat. 1698), relating to payments to other purposes; which was ordered to To Fight Terrorist Attacks Upon the United States and units of local government to as- lie on the table; as follows: States for fiscal year 2003 in the total sure access for individuals with disabilities, At the appropriate place, insert the fol- amount of $300,000,000. $50,000,000, to remain available until ex- lowing: pended. Mr. HARKIN submitted an ‘‘The Secretary of the Army, acting SA 236. through the Chief of Engineers, is directed to amendment intended to be proposed by SA 238. Mr. DODD submitted an provide $2,900,000 of the funds provided there- him to the joint resolution H.J. Res. 2, amendment intended to be proposed by in for the continuation of the shore protec- making further continuing appropria- him to the joint resolution H.J. Res. 2, tion project in Dare County (Bodie Island), tions for the fiscal year 2003, and for making further continuing appropria- North Carolina, as authorized by Section 101

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1297 (24) of the Water Resources Development Act (C) 1 member shall be appointed by the (i) has strong local support from land- of 2000.’’ Education and Research Consortium of West- owners, business interests, nonprofit organi- ern North Carolina; zations, and governments in the Heritage SA 243. Mr. EDWARDS submitted an (D) 1 member shall be appointed by the Area; and amendment intended to be proposed by Eastern Band of the Cherokee Indians; and (ii) has a high potential for effective part- him to the joint resolution H.J. Res. 2, (E) 3 members shall— nership mechanisms. making further continuing appropria- (i) be appointed by the Governor of the (C) ACTION FOLLOWING DISAPPROVAL.—If the State; tions for the fiscal year 2003, and for Secretary disapproves a management plan (ii) reside in geographically diverse regions under subparagraph (A), the Secretary other purposes; which was ordered to of the Heritage Area; shall— lie on the table; as follows: (iii) be a representative of State or local (i) advise the management entity in writ- On page 80, between lines 3 and 4, insert governments or the private sector; and ing of the reasons for the disapproval; the following: (iv) have knowledge of tourism, economic (ii) make recommendations for revisions to SEC. 7ll. RURAL HOUSING SERVICE. and community development, regional plan- the management plan; and Title III of the Agriculture, Rural Develop- ning, historic preservation, cultural or nat- (iii) allow the management entity to sub- ment, Food and Drug Administration, and ural resources development, regional plan- mit to the Secretary revisions to the man- Related Agencies Appropriations Act, 2001, is ning, conservation, recreational services, agement plan. amended in the first paragraph under the education, or museum services. (D) DEADLINE FOR APPROVAL OF REVISION.— (e) MANAGEMENT PLAN.— heading ‘‘RURAL HOUSING INSURANCE FUND Not later than 60 days after the date on (1) IN GENERAL.—Not later than 3 years PROGRAM ACCOUNT (INCLUDING TRANSFER OF which a revision is submitted under subpara- after the date of enactment of this Act, the FUNDS)’’ under the heading ‘‘RURAL HOUSING graph (C), the Secretary shall approve or dis- management entity shall submit to the Sec- SERVICE’’ (114 Stat. 1549, 1549A–19) by insert- approve the proposed revision. retary for approval a management plan for ing before the period at the end the fol- (6) AMENDMENT OF APPROVED MANAGEMENT the Heritage Area. lowing: ‘‘: Provided further, That after Sep- PLAN.— (2) CONSIDERATION OF OTHER PLANS AND AC- tember 30, 2002, any funds remaining for the (A) IN GENERAL.—After approval by the TIONS.—In developing the management plan, Secretary of a management plan, the man- demonstration program may be used, within the management entity shall— the State in which the demonstration pro- agement entity shall periodically— (A) for the purpose of presenting a unified (i) review the management plan; and gram is carried out, for fiscal year 2003 and preservation and interpretation plan, take (ii) submit to the Secretary, for review and subsequent fiscal years to make grants, and into consideration Federal, State, and local approval, the recommendation of the man- to cover the costs (as defined in section 502 plans; and agement entity for any amendments to the of the Congressional Budget and Impound- (B) provide for the participation of resi- management plan. ment Control Act of 1974 (2 U.S.C. 661a)) of dents, public agencies, and private organiza- (B) USE OF FUNDS.—No funds made avail- loans authorized, under section 504 of the tions in the Heritage Area. able under subsection (i)(1) shall be used to Housing Act of 1949 (42 U.S.C. 1474)’’. (3) CONTENTS.—The management plan implement any amendment proposed by the shall— management entity under subparagraph SA 244. Mr. EDWARDS submitted an (A) present comprehensive recommenda- (A)(ii) until the Secretary approves the amendment intended to be proposed by tions and strategies for the conservation, him to the joint resolution H.J. Res. 2, funding, management, and development of amendment. making further continuing appropria- the Heritage Area; (f) AUTHORITIES AND DUTIES OF THE MAN- tions for the fiscal year 2003, and for (B) identify existing and potential sources AGEMENT ENTITY.— (1) AUTHORITIES.—For the purposes of de- other purposes; which was ordered to of Federal and non-Federal funding for the conservation, management, and development veloping and implementing the management lie on the table; as follows: of the Heritage Area; and plan, the management entity may use funds At the appropriate place, insert the fol- (C) include— made available under subsection (i)(1) to— lowing: (i) an inventory of the cultural, historical, (A) make loans and grants to, and enter SEC. ll. BLUE RIDGE NATIONAL HERITAGE natural, and recreational resources of the into cooperative agreements with, the State AREA. Heritage Area, including a list of property (including a political subdivision), nonprofit (a) DEFINITIONS.—In this section: that— organizations, or persons; (1) HERITAGE AREA.—The term ‘‘Heritage (I) relates to the purposes of the Heritage (B) hire and compensate staff; and Area’’ means the Blue Ridge National Herit- Area; and (C) enter into contracts for goods and serv- age Area established by subsection (b). (II) should be conserved, restored, man- ices. (2) MANAGEMENT ENTITY.—The term ‘‘managed, developed, or maintained because of (2) DUTIES.—In addition to developing the agement entity’’ means the management en- the significance of the property; management plan, the management entity tity for the Heritage Area designated by sub- (ii) a program of strategies and actions for shall— section (d). the implementation of the management plan (A) develop and implement the manage- (3) MANAGEMENT PLAN.—The term ‘‘man- that identifies the roles of agencies and orga- ment plan while considering the interests of agement plan’’ means the management plan nizations that are involved in the implemen- diverse units of government, businesses, pri- for the Heritage Area approved under sub- tation of the management plan; vate property owners, and nonprofit groups section (e). (iii) an interpretive and educational plan in the Heritage Area; (4) SECRETARY.—The term ‘‘Secretary’’ for the Heritage Area; (B) conduct public meetings in the Herit- means the Secretary of the Interior. (iv) a recommendation of policies for re- age Area at least semiannually on the devel- (5) STATE.—The term ‘‘State’’ means the source management and protection that de- opment and implementation of the manage- State of North Carolina. velop intergovernmental cooperative agreement plan; (b) ESTABLISHMENT.—There is established ments to manage and protect the cultural, (C) give priority to the implementation of the Blue Ridge National Heritage Area in the historical, natural, and recreational re- actions, goals, and strategies in the manage- State. sources of the Heritage Area; and ment plan, including providing assistance to (c) BOUNDARIES.—The Heritage Area shall (v) an analysis of ways in which Federal, units of government, nonprofit organiza- consist of the counties of Alleghany, Ashe, State, and local programs may best be co- tions, and persons in— Avery, Buncombe, Burke, Caldwell, Cher- ordinated to promote the purposes of this (i) carrying out the programs that protect okee, Clay, Graham, Haywood, Henderson, Act. resources in the Heritage Area; Jackson, McDowell, Macon, Madison, Mitch- (4) EFFECT OF FAILURE TO SUBMIT.—If a (ii) encouraging economic viability in the ell, Polk, Rutherford, Surry, Swain, Transyl- management plan is not submitted to the Heritage Area in accordance with the goals vania, Watauga, Wilkes, Yadkin, and Yancey Secretary by the date described in paragraph of the management plan; in the State. (1), the Secretary shall not provide any addi- (iii) establishing and maintaining interpre- (d) MANAGEMENT ENTITY.— tional funding under this Act until a man- tive exhibits in the Heritage Area; (1) IN GENERAL.—As a condition of the re- agement plan is submitted to the Secretary. (iv) developing recreational and edu- ceipt of funds made available under sub- (5) APPROVAL OR DISAPPROVAL OF MANAGE- cational opportunities in the Heritage Area; section (i)(1), the Blue Ridge National Herit- MENT PLAN.— and age Area Partnership shall be the manage- (A) IN GENERAL.—Not later than 90 days (v) increasing public awareness of and ap- ment entity for the Heritage Area. after receiving the management plan sub- preciation for the cultural, historical, and (2) BOARD OF DIRECTORS.—The management mitted under paragraph (1), the Secretary natural resources of the Heritage Area; and entity shall be governed by a board of direc- shall approve or disapprove the management (D) for any fiscal year for which Federal tors composed of 9 members, of whom— plan. funds are received under subsection (i)(1)— (A) 2 members shall be appointed by (B) CRITERIA.—In determining whether to (i) submit to the Secretary a report that AdvantageWest; approve the management plan, the Secretary describes, for the fiscal year— (B) 2 members shall be appointed by Hand- shall consider whether the management (I) the accomplishments of the manage- Made In America, Inc.; plan— ment entity;

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1298 CONGRESSIONAL RECORD — SENATE January 21, 2003 (II) the expenses and income of the man- SEC. 202. EXTENSION OF INDEMNIFICATION AU- (1) by striking ‘‘the maximum amount of agement entity; and THORITY. financial protection required under sub- (III) each entity to which a grant was (a) INDEMNIFICATION OF NUCLEAR REGU- section b. or’’; and made; LATORY COMMISSION LICENSEES.—Section (2) by striking ‘‘paragraph (3) of subsection (ii) make available for audit by Congress, 170c. of the Atomic Energy Act of 1954 (42 d., whichever amount is more’’ and inserting the Secretary, and appropriate units of gov- U.S.C. 2210(c)) is amended— ‘‘paragraph (2) of subsection d.’’. (1) in the subsection heading, by striking ernment, all records relating to the expendi- SEC. 205. INCIDENTS OUTSIDE THE UNITED ture of funds and any matching funds; and ‘‘LICENSES’’ and inserting ‘‘LICENSEES’’; STATES. and (iii) require, for all agreements authorizing (a) AMOUNT OF INDEMNIFICATION.—Section (2) by striking ‘‘August 1, 2002’’ each place expenditure of Federal funds by any entity, 170 d.(5) of the Atomic Energy Act of 1954 (42 it appears and inserting ‘‘August 1, 2017’’. that the receiving entity make available for U.S.C. 2210(d)(5)) is amended by striking (b) INDEMNIFICATION OF DEPARTMENT OF EN- audit all records relating to the expenditure ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. ERGY CONTRACTORS.—Section 170d. (1)(A) of of funds. (b) LIABILITY LIMIT.—Section 170 e.(4) of the Atomic Energy Act of 1954 (42 U.S.C. (3) PROHIBITION ON THE ACQUISITION OF REAL the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘De- PROPERTY.—The management entity shall 2210(e)(4)) is amended by striking cember 31, 2004’’ and inserting ‘‘August 1, not use Federal funds received under sub- ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. 2017’’. section (i)(1) to acquire real property or an (c) INDEMNIFICATION OF NONPROFIT EDU- SEC. 206. REPORTS. interest in real property. CATIONAL INSTITUTIONS.—Section 170k. of the Section 170 p. of the Atomic Energy Act of (g) TECHNICAL AND FINANCIAL ASSIST- Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) 1954 (42 U.S.C. 2210(p)) is amended by striking ANCE.— is amended by striking ‘‘August 1, 2002’’ each ‘‘August 1, 1998’’ and inserting ‘‘August 1, (1) IN GENERAL.—The Secretary may pro- place it appears and inserting ‘‘August 1, 2013’’. vide to the management entity technical as- 2017’’. SEC. 207. INFLATION ADJUSTMENT. sistance and, subject to the availability of (d) EFFECTIVE DATE.—The indemnification Section 170 t. of the Atomic Energy Act of appropriations, financial assistance, for use authority extended by this section shall 1954 (42 U.S.C. 2210(t)) is amended— in developing and implementing the manage- apply to nuclear incidents occurring on or (1) by redesignating paragraph (2) as para- ment plan. after August 1, 2002. graph (3); and (2) PRIORITY FOR ASSISTANCE.—In providing SEC. 203. MAXIMUM ASSESSMENT. (2) by adding after paragraph (1) the fol- assistance under paragraph (1), the Secretary Section 170 of the Atomic Energy Act of lowing: shall give priority to actions that facili- 1954 (42 U.S.C. 2210) is amended— ‘‘(2) The Secretary shall adjust the amount tate— (1) in the second proviso of the third sen- of indemnification provided under an agree- (A) the preservation of the significant cul- tence of subsection b.(1)— ment of indemnification under subsection d. tural, historical, natural, and recreational (A) by striking ‘‘$63,000,000’’ and inserting not less than once during each 5-year period resources of the Heritage Area; and ‘‘$94,000,000’’; and following July 1, 2002, in accordance with the (B) the provision of educational, interpre- (B) by striking ‘‘$10,000,000 in any 1 year’’ aggregate percentage change in the Con- tive, and recreational opportunities that are and inserting ‘‘$15,000,000 in any 1 year (sub- sumer Price Index since— consistent with the resources of the Heritage ject to adjustment for inflation under sub- ‘‘(A) that date, in the case of the first ad- Area. section t.’’; and justment under this paragraph; or (h) LAND USE REGULATION.— (2) in subsection t.(1)— ‘‘(B) the previous adjustment under this (A) by inserting ‘‘total and annual’’ after (1) IN GENERAL.—Nothing in this Act— paragraph.’’. (A) grants any power of zoning or land use ‘‘amount of the maximum’’; to the management entity; or (B) by striking ‘‘the date of the enactment SEC. 208. TREATMENT OF MODULAR REACTORS. (B) modifies, enlarges, or diminishes any of the Price-Anderson Amendments Act of Section 170b. of the Atomic Energy Act of authority of the Federal Government or any 1988’’ and inserting ‘‘July 1, 2002’’; and 1954 (42 U.S.C. 2210(b)) is amended by adding State or local government to regulate any (C) by striking ‘‘such date of enactment’’ at the end the following: use of land under any law (including regula- and inserting ‘‘July 1, 2002’’. ‘‘(5)(A) For purposes of this section only, tions). SEC. 204. DEPARTMENT OF ENERGY LIABILITY the Commission shall consider a combina- LIMIT. tion of facilities described in subparagraph (2) PRIVATE PROPERTY.—Nothing in this Act— (a) INDEMNIFICATION OF DEPARTMENT OF EN- (B) to be a single facility having a rated ca- (A) abridges the rights of any person with ERGY CONTRACTORS.—Section 170d. of the pacity of 100,000 electrical kilowatts or more. respect to private property; Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) ‘‘(B) A combination of facilities referred to (B) affects the authority of the State or is amended by striking paragraph (2) and in- in subparagraph (A) is 2 or more facilities lo- local government with respect to private serting the following: cated at a single site, each of which has a (2) In an agreement of indemnification en- property; or rated capacity of 100,000 electrical kilowatts tered into under paragraph (1), the Sec- (C) imposes any additional burden on any or more but not more than 300,000 electrical retary— property owner. kilowatts, with a combined rated capacity of ‘‘(A) may require the contractor to provide not more than 1,300,000 electrical kilo- (i) AUTHORIZATION OF APPROPRIATIONS.— and maintain financial protection of such a watts.’’. (1) IN GENERAL.—There is authorized to be type and in such amounts as the Secretary appropriated to carry out this Act $10,000,000, SEC. 209. APPLICABILITY. shall determine to be appropriate to cover The amendments made by sections 203, 204, of which not more than $1,000,000 shall be public liability arising out of or in connec- made available for any fiscal year. and 205 do not apply to a nuclear incident tion with the contractual activity; and that occurs before the date of the enactment (2) NON-FEDERAL SHARE.—The non-Federal ‘‘(B) shall indemnify the persons indem- of this Act. share of the cost of any activities carried out nified against such liability above the using Federal funds made available under amount of the financial protection required, SEC. 210. CIVIL PENALTIES. paragraph (1) shall be not less than 50 per- in the amount of $10,000,000,000 (subject to (a) REPEAL OF AUTOMATIC REMISSION.—Sec- cent. adjustment for inflation under subsection t.), tion 234A b.(2) of the Atomic Energy Act of (j) TERMINATION OF AUTHORITY.—The au- in the aggregate, for all persons indemnified 1954 (42 U.S.C. 2 282 a(b)(2)) is amended by thority of the Secretary to provide assist- in connection with the contract and for each striking the last sentence. ance under this Act terminates on the date nuclear incident, including such legal costs (b) LIMITATION FOR NOT-FOR-PROFIT INSTI- that is 15 years after the date of enactment of the contractor as are approved by the Sec- TUTIONS.—Subsection d. of section 234A of of this Act. retary.’’. the Atomic Energy Act of 1954 (42 U.S.C. (b) CONTRACT AMENDMENTS.—Section 170 d. 2282a(d)) is amended to read as follows: SA 245. Mr. DOMENICI submitted an of the Atomic Energy Act of 1954 (42 U.S.C. ‘‘d. (1) Notwithstanding subsection a., in amendment intended to be proposed by 2210(d)) is further amended by striking para- the case of any not-for-profit contractor, him to the joint resolution H.J. Res. 2, graph (3) and inserting the following: subcontractor, or supplier, the total amount of civil penalties paid under subsection a. making further continuing appropria- ‘‘(3) All agreements of indemnification under which the Department of Energy (or may not exceed the total amount of fees paid tions for the fiscal year 2003, and for its predecessor agencies) may be required to within any one-year period (as determined other purposes; which was ordered to indemnify any person under this section by the Secretary) under the contract under lie on the table; as follows: shall be deemed to be amended, on the date which the violation occurs. On Page 1027, strike Title II of Division M of enactment of the Price-Anderson Amend- ‘‘(2) For purposes of this section, the term in its entirety and insert the following: ments Act of 2002, to reflect the amount of ‘not-for-profit’ means that no part of the net indemnity for public liability and any appli- earnings of the contractor subcontractor, or TITLE II—PRICE-ANDERSON ACT cable financial protection required of the supplier inures, or may lawfully inure, to the AMENDMENTS contractor under this subsection.’’. benefit of any natural person or for-profit ar- SEC. 201. SHORT TITLE. ‘‘(c) LIABILITY LIMIT.—Section 170 e.(1)(B) tificial person.’’. This title may be cited as the ‘‘Price-An- of the Atomic Energy Act of 1954 (42 U.S.C. (c) EFFECTIVE DATE.—The amendments derson Amendments Act of 2002’’. 2210(e)(1)(B)) is amended— made by this section shall not apply to any

VerDate Mar 15 2010 21:45 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0637 Sfmt 0634 E:\2003SENATE\S21JA3.REC S21JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2003 CONGRESSIONAL RECORD — SENATE S1299 violation of the Atomic Energy Act of 1954 Res. 2, the appropriations bill, as under COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN YEARS, VICE A NEW POSITION CREATED BY occurring under a contract entered into be- the previous order. PUBLIC LAW 107–114, APPROVED JANUARY 8, 2002. fore the date of enactment of this section. Mr. REID. I have no objection. JOSEPH MICHAEL FRANCIS RYAN III, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SU- f The PRESIDING OFFICER. Without PERIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE objection, it is so ordered. TERM OF FIFTEEN YEARS, VICE A NEW POSITION CRE- NOTICE OF HEARING ATED BY PUBLIC LAW 107–114, APPROVED JANUARY 8, 2002. f JERRY STEWART BYRD, OF THE DISTRICT OF COLUM- COMMITTEE ON ENERGY AND NATURAL BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR UNANIMOUS CONSENT AGREE- COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM RESOURCES MENT—NOMINATION OF TOM OF FIFTEEN YEARS, VICE A NEW POSITION CREATED BY PUBLIC LAW 107–114, APPROVED JANUARY 8, 2002. Mr. DOMENICI. Mr. President, I RIDGE would like to announce for the infor- DEPARTMENT OF EDUCATION mation of the Senate and the public Mr. MCCONNELL. As in executive session, I ask unanimous consent that KAREN JOHNSON, OF VIRGINIA, TO BE ASSISTANT SEC- that three hearings have been sched- RETARY FOR LEGISLATION AND CONGRESSIONAL AF- the agreement with respect to the FAIRS, DEPARTMENT OF EDUCATION, VICE REBECCA O. uled before the Committee on Energy CAMPOVERDE. and Natural Resources to consider the Ridge nomination be modified so that President’s proposed FY 2004 budget. the time allocated to Senator FEIN- RAILROAD RETIREMENT BOARD STEIN ELSON The Committee will hear testimony be given to Senator N of MICHAEL SCHWARTZ, OF ILLINOIS, TO BE A MEMBER from the following: Nebraska. I further ask unanimous OF THE RAILROAD RETIREMENT BOARD FOR A TERM EX- consent that given the statement of PIRING AUGUST 28, 2007, VICE CHERRYL T. THOMAS, TERM 1. The Department of the Interior on EXPIRED. the Senator from Delaware this Tuesday, February 11, 2003, beginning IN THE NAVY at 10 a.m., in room SD–366 of the Dirk- evening, the time allocated to Senator THE FOLLOWING NAMED OFFICER FOR APPOINTMENT sen Senate Office Building in Wash- CARPER be vitiated. Mr. REID. I have no objection. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ington, D.C. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND The PRESIDING OFFICER. Without RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2. The Forest Service on Thursday, objection, it is so ordered. February 13, 2003, beginning at 10 a.m., To be vice admiral f in room SD–366 of the Dirksen Senate REAR ADM. ALBERT T. CHURCH III, 0000 Office Building in Washington, D.C. PROGRAM IN THE AIR FORCE 3. The Department of Energy on Mr. MCCONNELL. Mr. President, for THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Tuesday, February 25, 2003, beginning the information of Senators, there will TO THE GRADE INDICATED IN THE RESERVE OF THE AIR at 10 a.m., in room SD–366 of the Dirk- be two votes beginning at 9:30 tomor- FORCE UNDER TITLE 10, U.S.C., SECTION 12203: sen Senate Office Building in Wash- row morning. Following those votes, To be colonel ington, D.C. the Senate will begin consideration of MARGARET C. GRAM, 0000 For further information on these the nomination of Tom Ridge. A vote is THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE hearings, please call Jennifer Owen, expected on that nomination prior to UNITED STATES OFFICER FOR APPOINTMENT TO THE Staff Assistant at (202) 224–5305. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE the policy luncheons on Wednesday. It UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: f is the intention of the majority leader to recess for those luncheons following To be colonel PRIVILEGE OF THE FLOOR the vote on the Ridge nomination. Sen- JAMES V. ENGLISH, 0000 Mr. EDWARDS. Mr. President, I ask ators can expect additional votes to- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE unanimous consent the privilege of the morrow afternoon and into the evening GRADE INDICATED IN THE RESERVE OF THE AIR FORCE floor be granted to Erica Burens of my as the Senate continues to consider UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: staff during today’s business. amendments to the appropriations bill. To be colonel The PRESIDING OFFICER. Without f JAMES C. BALSERAK, 0000 objection, it is so ordered. JAMES H. BARTLETT, 0000 ADJOURNMENT UNTIL 9:15 A.M. MICHAEL S. BRONSTEIN, 0000 f TOMORROW GLENN R. MARKENSON, 0000 REID T. MULLER, 0000 FILING OF MOTION TO INSTRUCT Mr. MCCONNELL. Mr. President, if MARTIN E. SELLBERG, 0000 CONFEREES TO H.J. RES. 2 there is no further business to come be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT fore the Senate, I ask unanimous con- TO THE GRADE INDICATED IN THE UNITED STATES AIR Ms. STABENOW. Mr. President, I FORCE UNDER TITLE 10, U.S.C., SECTION 624: sent that the Senate stand in adjourn- move that the conferees on the part of ment under the previous order. To be lieutenant colonel the Senate on the disagreeing votes of There being no objection, the Senate, TIMOTHY H. LEWIS, 0000 the two Houses on the joint resolution at 6:51 p.m., adjourned until Wednes- H.J. Res. 2 be instructed to insist that THE FOLLOWING NAMED OFFICER FOR A REGULAR AP- day, January 22, 2003, at 9:15 a.m. POINTMENT IN THE GRADE INDICATED IN THE UNITED the committee of conference ensure STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: that the joint resolution as reported f To be captain from the committee includes section NOMINATIONS HOWARD S. LOLLER, 0000 102 of division L relating to Homeland Executive nominations received by Security Act of 2002 Amendments, as the Senate January 21, 2003: IN THE ARMY passed by the Senate, (relating to IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT amendments to sections 1714 through TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- 1717 of the Homeland Security Act of TO THE GRADE INDICATED IN THE UNITED STATES MA- TIONS 628, AND 3064: 2002 (Public Law 107–296)). RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be major To be colonel f DANIEL P. HUDSON, 0000 JOHN F. NEPTUNE, 0000 ORDERS FOR WEDNESDAY, DEPARTMENT OF DEFENSE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY JANUARY 22, 2003 LAWRENCE MOHR, JR., OF SOUTH CAROLINA, TO BE A MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MEMBER OF THE BOARD OF REGENTS OF THE UNI- AND 3064: Mr. MCCONNELL. Mr. President, I FORMED SERVICES UNIVERSITY OF THE HEALTH ask unanimous consent that when the SCIENCES FOR A TERM EXPIRING JUNE 20, 2003, VICE JOHN E. CONNOLLY, TERM EXPIRED. To be lieutenant colonel Senate completes its business today, it LAWRENCE MOHR, JR., OF SOUTH CAROLINA, TO BE A CHARLES E. SWALLOW, 0000 stand in adjournment until 9:15 a.m., MEMBER OF THE BOARD OF REGENTS OF THE UNI- FORMED SERVICES UNIVERSITY OF THE HEALTH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT on Wednesday, January 22. I further SCIENCES FOR A TERM EXPIRING JUNE 20, 2009. (RE- TO THE GRADE INDICATED IN THE UNITED STATES ARMY ask unanimous consent that following APPOINTMENT) CHAPLAINS AND FOR REGULAR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: the prayer and the pledge, the morning DEPARTMENT OF HOMELAND SECURITY hour be deemed expired, the Journal of JANET HALE, OF VIRGINIA, TO BE UNDER SECRETARY To be major FOR MANAGEMENT, DEPARTMENT OF HOMELAND SECU- WAYNE C. HOLLENBAUGH, 0000 proceedings be approved to date, the RITY. (NEW POSITION) time for the two leaders be reserved for THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT their use later in the day, and the Sen- TO THE GRADE INDICATED IN THE UNITED STATES ARMY JUDITH NAN MACALUSO, OF THE DISTRICT OF COLUM- CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND ate then resume consideration of H.J. BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR 3064:

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JOSEPH T. HUGHES, 0000 GREGORY T. BRAMBLETT, 0000 ALLEN C. WHITFORD, 0000

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF DEFENSE TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 SHARON FALKENHEIMER, OF TEXAS, TO BE A MEMBER AND 3064: AND 3064: OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- ICES UNIVERSITY OF THE HEALTH SCIENCES FOR A TERM EXPIRING JUNE 20, 2007, VICE LONNIE R. BRISTOW, TERM EXPIRED.

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HIGHLIGHTS Senate passed S. 121, National AMBER Alert Network Act. Senate provide that waivers of certain prohibitions on con- Chamber Action tracts with corporate expatriates shall apply only if Routine Proceedings, pages S1169–S1300 the waiver is essential to the national security. Measures Introduced: Three bills and two resolu- Pages S1208, S1209–12 tions were introduced, as follows: S. 198–200 and S. Inhofe Amendment No. 86 (to Amendment No. Res. 24–25. Page S1245 67) to provide for a study by the National Academy Measures Passed: of Sciences. Pages S1212–21, S1223–26 Reed Amendment No. 40, to expand the Tem- National AMBER Alert Network Act: Com- porary Extended Unemployment Compensation Act mittee on the Judiciary was discharged from further of 2002. Pages S1221–23, S1226–29 consideration of S. 121, to enhance the operation of Nelson (FL) Amendment No. 97, to make addi- the AMBER Alert communications network in order tional appropriations for emergency relief activities. to facilitate the recovery of abducted children, to Pages S1229–34 provide for enhanced notification on highways of Nickles Point of Order was raised against Reed alerts and information on such children, and by a Amendment No. 40 (listed above), that the amend- unanimous vote of 92 yeas (Vote No. 9), Senate ment violates section 207 of H. Con. Res. 68, Con- passed the bill. Pages S1234–37 current Resolution on the Budget for fiscal year Omnibus Appropriations Resolution: Senate re- 2000 as amended by S. Res. 304 (107th Congress). sumed consideration of H.J. Res. 2, making further Page S1229 continuing appropriations for the fiscal year 2003, A Motion to Instruct Conferees by Senator taking action on the following amendments proposed Stabenow, with respect to the joint resolution, was Pages S1171–S1234, S1238, S1239–41 thereto: filed. Page S1299 Adopted: A unanimous-consent agreement was reached pro- By 88 yeas to 4 nays (Vote No. 10), Reed viding for further consideration of the joint resolu- Amendment No. 27, to provide additional amounts tion at 9:15 a.m., on Wednesday, January 22, 2003. for low-income home energy assistance. Further, that at 9:20 a.m., Inhofe Amendment No. Pages S1199–S1204, S1238 86 (listed above), be modified, with a vote to occur Pending: on the amendment, followed by a vote to occur on Edwards Amendment No. 67, to require a study Edwards Amendment No. 67 (listed above). of the final rule relating to prevention of significant Pages S1242, S1299 deterioration and nonattainment new source review to determine the effects of the final rule on air pol- Nomination—Agreement: A modified unanimous- lution and human health. Pages S1171–95, S1208–09 consent-time agreement was reached providing for Dodd Amendment No. 71, to provide additional consideration of the nomination of Thomas J. Ridge, funding for part B of the Individuals with Disabil- of Pennsylvania, to be Secretary of Homeland Secu- ities Education Act. Pages S1195–99 rity on Wednesday, January 22, 2003, with a vote Gregg Amendment No. 78, to provide additional to occur thereon. Pages S1238–39, S1299 funding for special education programs. Nominations Received: Senate received the fol- Pages S1204–08 lowing nominations: Dayton Amendment No. 80, to amend the Home- Lawrence Mohr, Jr., of South Carolina, to be a land Security Act of 2002 (Public Law 107–296) to Member of the Board of Regents of the Uniformed D40

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Services University of the Health Sciences for a term versity of the Health Sciences for a term expiring expiring June 20, 2003. June 20, 2007. Lawrence Mohr, Jr., of South Carolina, to be a 1 Navy nomination in the rank of admiral. Member of the Board of Regents of the Uniformed Routine lists in the Air Force, Army, Marine Services University of the Health Sciences for a term Corps. Pages S1299–S1300 expiring June 20, 2009. (Reappointment) Janet Hale, of Virginia, to be Under Secretary for Executive Communications: Pages S1243–45 Management, Department of Homeland Security. Additional Cosponsors: Pages S1245–46 (New Position) Statements on Introduced Bills/Resolutions: Judith Nan Macaluso, of the District of Columbia, to be an Associate Judge of the Superior Court of Pages S1246–50 the District of Columbia for the term of fifteen Additional Statements: Pages S1242–43 years. Amendments Submitted: Pages S1250–99 Joseph Michael Francis Ryan III, of the District of Columbia, to be an Associate Judge of the Superior Notices of Hearings/Meetings: Page S1299 Court of the District of Columbia for the term of fif- Privilege of the Floor: Page S1299 teen years. Record Votes: Two record votes were taken today. Jerry Stewart Byrd, of the District of Columbia, (Total—10) Pages S1237, S1238 to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen Adjournment: Senate met at 10 a.m., and ad- years. journed at 6:51 p.m., until 9:15 a.m., on Wednes- Karen Johnson, of Virginia, to be Assistant Sec- day, January 22, 2003. (For Senate’s program, see retary for Legislation and Congressional Affairs, De- the remarks of the Acting Majority Leader in today’s partment of Education. Record on page S1299.) Michael Schwartz, of Illinois, to be a Member of the Railroad Retirement Board for a term expiring August 28, 2007. Committee Meetings Sharon Falkenheimer, of Texas, to be a Member of No committee meetings were held. the Board of Regents of the Uniformed Services Uni- h House of Representatives COMMITTEE MEETINGS FOR WEDNESDAY, Chamber Action JANUARY 22, 2003 The House was not in session today. Pursuant to (Committee meetings are open unless otherwise indicated) the provisions of H. Con. Res. 8, the House stands adjourned until 2 p.m. on Monday, January 27, Senate 2003. Committee on Commerce, Science, and Transportation: to hold hearings to examine the nomination of Asa Hutch- inson, of Arkansas, to be Under Secretary for Border and Committee Meetings Transportation, Department of Homeland Security, 2:30 No committee meetings were held. p.m., SR–253. House No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, January 22 2 p.m., Monday, January 27

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Monday: To be announced. ation of H.J. Res. 2, Omnibus Appropriations, with a vote to occur on Inhofe Amendment No. 86 (to be modified), to be followed by a vote on Edwards Amendment No. 67; following which, Senate will consider the nomination of Thomas J. Ridge, of Pennsylvania, to be Sec- retary of Homeland Security, with a vote to occur thereon. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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