The Senate Is Not In Session - Next Session Monday, September 24 At 3:00 PM
Senate Session - April 25, 2001
Speakers:
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  • 09:30:30 AM

    THE PRESIDENT PRO TEMPORE

    Senate will be let in prayer prior crap. Today continuing. Jewish…

    Senate will be let in prayer prior crap. Today continuing. Jewish heritage. Week.

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  • 09:30:38 AM

    THE CHAPLAIN

    The Morning Prayer is taken from the Jewish book of service. Daily…

    The Morning Prayer is taken from the Jewish book of service. Daily prayers. Let us pray. We gratefully acknowledge that you are the eternal one. Our go out and the God of our fathers evermore . The rock of our life in the shield of our salvation . You are he who exists to all ages. We will therefore render thanks unto you. And declare your praise for our lives . Which are delivered into your hand. And for our souls . Which are confided in your care for your goodness. Which is displayed to us daily. For your wonders. And your Bunty. Which are at all times given unto us. You are the most gracious. For your mercies never fail. Ever more do we hope. In you. Oh Lord our God . Amen . Please join me in the pledge to our flag . I pledge allegiance

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  • 09:31:53 AM

    THE PRESIDENT PRO TEMPORE

    . I pledge allegiance to the flag of the United States and. To the…

    . I pledge allegiance to the flag of the United States and. To the republic for which is a. One nation under God indivisible with liberty and justice for all . The clerk will please read a communication to the Senate.

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  • 09:32:21 AM

    THE PRESIDING OFFICER

    Washington D.C.

  • 09:32:23 AM

    THE CLERK

    April twenty fifth two thousand and one. To the Senate. Under the…

    April twenty fifth two thousand and one. To the Senate. Under the provisions of roll one paragraph three of the standing rules of the Senate. I hereby appoint the Honorable George Allen. A senator from the Commonwealth of Virginia to perform the duties of the chair . Signed Strom Thurman president pro tempore. Under the previous order the leadership time is reserved under the previous order there will now be a period for the transaction of morning business. For

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  • 09:32:43 AM

    THE PRESIDING OFFICER

    time is reserved under the previous order there will now be a period for…

    time is reserved under the previous order there will now be a period for the transaction of morning business. For not to extend beyond the hour for eleven A.M. . But senators permitted to speak there and for up to ten minutes each. Under the previous order the time until ten fifteen A.M.. Shall be under the control of the senator from Illinois Mr Durban . Or his designate as president. The senator from Nevada .

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  • 09:33:11 AM

    MR. REID

    . Is present today is a very joyous occasion.

  • 09:33:13 AM

    THE PRESIDING OFFICER

    is a very joyous occasion.

  • 09:33:14 AM

    MR. REID

    joyous occasion. And read family six thirty this morning approximately.…

    joyous occasion. And read family six thirty this morning approximately. Eastern time three thirty. Reno Nevada time . My tenth grandchild was born. Everyone is doing well. While babies eighteen inches long. Kind of short really and weigh six pounds twelve ounces more are very happy with this little boy. He is third son my son has had more very happy. As President I rise today . Thanking of my new grandson . And wanting to discuss Earth Day and the importance of having a good clean environment means to my grandchildren . I am very concerned having seen . Even in my lifetime the earth's change. And many times not for the better . Birthday is a time for reflecting on the progress of the last century. And acting to protect our environment generations from the centuries to come . It's good that at least one day a year. We focus on the earth. We take it for granted . In the last thirty years the country's taken major chests. Named major steps to achieve clean water clean air safe drinking water hazards waste cleanup. And reduce pollution across the board . Mr President take just one thing. Clean water. Why do we have a Clean Water Act We have a Clean Water Act . Because in Ohio. The Cuyahoga River kept catching fire. The river. Kept catching fire . President Nixon was president ited States that time of day in a bipartisan effort to do something about the polluted waterways in America . The Congress join with the president. Pass a clean water act to prevent in the future. Rivers. From catching fire. We've made progress with water. We still have a lot of polluted water . But probably at the time that President Nixon. Recognized the need to do something. Probably about eighty percent of our waterways were polluted. Now . These many years later. Probably only about thirty percent of our waterways are polluted. We've made great progress. Rivers around the United States and lakes around the United States . You can actually catch the fish now eat the fish you catch its progress. But we don't have a lot lot more to do. We need to clean up that extra twenty or thirty percent of the waterways that are polluted. We need to make sure we have safe drinking water that someone can pick up a glass of water Mr President . And drink it and know that . We're not going to get sick. But Mr President it's not that way around . Much of our country. When we travel overseas . We usually take lots of water with us because. Around many parts of the world. You can't drink the water. Because it's polluted . In the United States we're finding much more polluted water than we originally anticipated. Lots of. Polluted water . We we know Mr President that . In my state of Nevada . We have naturally occurring. Arsenic in the water. And we we know that arsenic causes cancer. We need to do so. Something about that. So Mr President. Even though we have a long ways to go. I think we should be justifiably proud of the progress we've made. But we cannot afford to rest on past successes. Because millions of people are still breathing on healthy air. Drinking on safe water . And able to swim or fish and many of our nation waterways . So as I've said before. There is much. Still need to be done. Needs to be done as the new century dawns we face even more complex environmental and public health problems. These problems include . Persistent toxics. We have a new phenomenon Mr President. And that is things dealing with our development of nuclear power and nuclear weapons now we have areas that are polluted with things nuclear on the Colorado River. We have. Thirteen thousand tons of uranium tailings. We need to clean those up. Because of course the Colorado River is a very very important waterway in the western part of the United States . And we have not provided money to do that we need to do that but that's a new threat to our environment. The. Problems and new ones like things nuclear we have global warming and danger to an invasive species . Mispresent we have. For example in the state of Nevada. We have very little water in arid desert. The rivers in Nevada you could name on one hand . Some of those rivers are being very very seriously threatened. As a result of something called SALT cedar tamarisk. Was a plant brought in from Iran. To stabilize banks of streams one hundred years or so ago . And it's just taken over everything . There. Frankly very ugly. They use huge amounts of water. You can't get rid of them you can't burn him you can't . Plays in them. You can't. Snag them pull them out. The only thing we found that might work is an insect. Eats them. And we're working on that the Department of Agriculture is working on a program to see if we get rid of them in that way. But these invasive species. Are all over America and we need to work on those. Fine air particles from fossil fuel use . Land use changes the need for thoughtful use of our land for recreation housing and transportation . These challenges require the same energy enthusiasm. The spark the first Earth Day. Thirty one years ago . But also Mr President need for a new level of sophistication and commitment. I like President Bush I think he's a very good man I think he means well. Mr President what has happened during the first hundred days of this administration dealing with the environment. I think he's getting bad advice from somebody. I can't imagine this good man. Would do the things that has happened. These first few months of his administration. His administrator of the Environmental Protection Agency. Gives a speech interest about the importance of global warming and how that the dangers of global warming and how we need to do something about it. And how she's glad the United States is leading this world and C O T. Contamination carbon dioxide. Four days later . The administration cut your legs out from under and says that we're going to delay this . Implementation. Greenhouse gas emissions . Cause problems . This would have been the first tangible U.S. effort to address global warming and we backed away from it. Next administration proposed drilling in all public lands and clean national wildlife refuges national forests national monuments and other public lands . This was followed closely by a delay of the rules designed to protect sixty million acres of a national force from the logging road building. The roadless rule has been published . After more than six hundred public meetings and consideration of one point six million comments. Not as if it was done in the dark of night. Soon after that the administration pulled back a long awaited regulation lowering the standards of arsenic. A known human. Cancer. And a well known Mr President . Developer of cancer. As early as one nine hundred sixty two the United States Health Service . Recommended that standard be lowered to ten. Parts per billion . E.P. held extensive comment periods in this rule. Including more than one hundred eighty days of comment. And holding the stakeholder meetings beginning as early as one thousand nine hundred seventy. This was studied by the National Science Foundation . Now the ministration wants to restudy the issue. Further delay the process of getting arsenic out of drinking water. That's present this is just absolutely wrong . Then without any apparent regard for the economic environmental or. Foreign relations consequences. The administration walked away from international climate change negotiations. Were being conducted under U.S. ratified treaty. I was at a meeting yesterday when Senator Byrd who with Senator Hagel. Wrote a letter saying if we're going to do something about this Kyoto Treaty us make sure that the third world nations . Are also brought into the picture. Senator Byrd said there he had no intention of. Not going forward with the discussions . We need to do something about global warming he said he's going on eighty four years of age . And he has been able to see in his lifetime . The changes that have taken place in the environment . So Mr President. This was not good for us that we walk away from this treaty. That ministrations also suspended the rule requiring companies getting federal dollars to be in compliance with federal laws including environmental laws. And without explanation the administration withdrew draft plans for public access to information on potential could take catastrophic chemical accidents in neighborhoods around the country. These plans. Are more than a year late. And their withdrawal suggested to administration doesn't want to want the public to know about these dangers . And April the Bush administration weakened. The new energy efficiency standards for water heaters and central air conditioners. This present over the next thirty years this change equals the total electricity. Used by. All American households in one year . When electricity supplies are drastically low and high prices in California does make sense to increase electric consumption. Rather than conserving answers no. Does it make sense to drill a large national wildlife refuge for oil it were years too late to address the high gasoline prices and it will be a minimal amount. This president a budget proposal by the administration. Represents even more bad news for the environment . This budget resolution which passed the Senate . On a party line vote. Almost. Eliminates or under funds environmental programs across a range of agencies. Clean cuts of the E.P.A. Clean Water state revolving funds. As jury protection beast. Beach protection scientific research and clean air. Law enforcement . And in the budget document he submitted to us later. Among other things. It calls for a thirty percent cut in alternative energy research. Solar geothermal wind. Wrong Way to go Mr President . These cuts would greatly . Hurt. Environmental protections . And the protection of public health. And also cause violent criminal programs Department tarrier Department agriculture. Gets energy efficiency and renewable energy programs at the department or G this president. We can do better. We need to find a green path for we need to do it together . We need to make sure we take the steps to protect the earth for our grandchildren. My new baby my new grandchild . Steps which include finalizing the numerous rules and forcing cases which have stopped. Midstream. Rules which were developed over years . Which provide critical protection for our environment. We need to ensure that the public is informed about threats to their health and to their environment . We need a safe and sustainable energy policy. We need. Steps to address the very real problems of climate change. We need a vision for conserving game a non-game species in our habitat. We need a to commitment reclaiming polluted industrial. Agricultural and military sites . We need to make a fundamental investment in conservation. The recognizing we don't inherit a planet from our ancestors but borrow it for our children . These measures will be truly planning a trade on or the earth. This present. How long have I taken. Twelve minutes. I ask unanimous consent for three additional minutes.

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  • 09:47:48 AM

    THE PRESIDING OFFICER

    Mr President I like to thank my colleague from Nevada for his…

    Mr President I like to thank my colleague from Nevada for his inspirational words this morning there is no one who cares more about the quality of this.

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  • 09:47:53 AM

    MR. BAYH

    for his inspirational words this morning there is no one who cares more…

    for his inspirational words this morning there is no one who cares more about the quality of this. Of our environment than Senator Harry Reid and Senator I'd like to join with you in calling for taking up that Brown. Brownfields bill . It would be something that would be good for my state in the other forty nine states of this union . And I very much appreciate your leadership. On that critical critical subject. Mr President I rise this morning to address what I believe to be the most important issue facing our country today . Improving the quality of education received by every child . Across this country. It's a subject that will affect not only our future prosperity . But the kind of nation in which we live . And the vibrancy of our very democracy . I want to thank all of our colleagues and help to bring us to the brink of historic success. Starting with my friend and colleague Senator Joe Lieberman who I've enjoyed working with on this issue for the last several years . Our colleagues on the other side of the aisle Senator Gregg Senator Frist. Senator Jeffords and others . The Democratic members of the HELP Committee . Senator Dodd to and others but principally Senator Kennedy. I want to say a special word about Senator Kennedy here this morning . His dedication to improving the quality of armed America. Because educational system. Is truly remarkable . He has proven himself to be not only a principled. But pragmatic. He fights for what he believes in. But is not willing to sacrifice real progress for America's schoolchildren . On the altar. Of ideological absolutism. Without his hard work and dedication we would not be where we are today I want to thank all of these leaders. Mr President for bringing us to where we are. It's been a long road . A long road for me personally and a long road for many of us in this chamber. My thoughts go back Mr President two thousand nine hundred eighty nine my first year as governor when the first President Bush called us to a national summit in your state. In the city of Charlottesville. Only the second time in our nation's history all fifty governors had gathered together to focus on a single subject for the first time. It was a Teddy Roosevelt focusing on the issue of the environment . In this case it was the first President Bush focusing on the subject of education . And we came out of that came out of that summit. Dedicated to the standards and accountability movement. And we established the national goals panel of which I was an initial member. And of the privilege of serving in later years as chairman. From there I went on and had the privilege of serving as the chairman of the Education Commission of the states a collection of state and local officials who work to improve the quality of our schools at the state and local levels and finally I had the privilege of serving on the National Assessment of Educational Progress board. The Nate morning . Trying to devise the very best . Assessments for our children. Authentic assessments to tell us more than where they can just memorize rote knowledge. But instead where they can think and reason . And express themselves . Intelligent . It's also been a long road for this. For this Senate. And I want to again thank us Senator Lieberman and. My colleagues at the Progressive Policy Institute who helped. Fashion the principles that lie at the heart of the bill that we are soon . Soon to take up. We stand on the precipice of historic progress . Saying. The status quo that leaves too many of our children behind. Is no longer good enough. The consequences of failure today Mr President. Are greater than ever before . We must do better. And I believe that we can. I was very pleased when during the campaign last year. Now President Bush. Adopted many of the principles that lay at the heart of our bill . That was a step. An important step in the right direction. And I give him credit credit for that. And I'm proud that the thinking in my own caucus is evolved. On many of these critical issues so that there has been a convergence of thought and now a consensus exists on the part of most of us. About what needs to be done to improve the quality of our local schools. The principles and the values of the say. Even if occasionally may have differences of opinion. About how to embrace those principles . And give them full meaning in the context of education today . We stand on the threshold of great progress . The most significant . Educational Progress in a generation. Accountability lies at the heart of our agenda. Mr President. We redefine the definition of success. No longer will we define success for America's schoolchildren. Merely in terms of how much we spend. But instead we will define success in terms of how much our children learn. There will be high academic standards and assessments to determining how. Every child is doing toward meeting those standards. Everyone in the process will be held responsible for making progress. Every school . Every school district . Every state . Each and every year. And for the first time Mr President . There will be real consequences . Real consequences for academic failure . Some of the new money that we are dedicated to providing the new. Administrative funding. If progress is not made. Will be reduced. Because it only makes sense that if the funding is not achieving the progress for which it was intended. It should be redirected into ways. It which will achieve real progress . And for the first time . Times America's parents will be given an important choice. If your local school is not doing well enough for several successive years . You'll be allowed to send your child to a better performing. Public school . And you will be given an option. Of receiving supplemental services. Additional instruction. On top of that provided. In your local school . To give your child. The reading writing. Scientific knowledge that your child will need to be successful . Meeting the challenges of the twenty first century. We inject competition. True competition into the system. Mr Chairman. Embracing market forces for the innovation and additional accountability. They can bring we seek to achieve the best of both worlds. With charter schools . Magnet schools. Robust public school choice . But not withdrawing the important resources necessary to making our public schools . Flourish. We have void the false choices . Of those who would say that the only way to improve the quality of education . Is to abandon our public schools on the one hand and on the other hand those who say that the status quo . Is good enough. And that the answer to the challenges facing America's schools. Is simply to add more money. We embrace the notion of additional flexibility. For our local schools and states we cut through the red tape. That too often is bog us down . At the federal level. And we ask only in return. That our local schools and school districts. Give us additional progress. For the flexibility. That we provide. We invest in professional development. Every study I've ever seen Mr Chairman I know you labored in these vineyards as governor as that guy every study I've ever seen indicates that the two most important variables in determining a child's academic success. Are first. Whether a parent. Is involved and engaged in that child's educational activities making it a priority in the home. And secondly whether there is a. Well prepared and highly motivated . Classroom professional teacher in that classroom . Helping to provide the individual instruction. Every one of our children needs . And every one of our children. Deserves. Mr Chairman . These are the principles that lie at the heart of our bill . Increased accountability for everyone. More competition and parental choice within the context of public education . More flexibility for our states and local school districts. Investing in professional development to ensure that every classroom. Has the motivated. Highly trained. Teacher that every child deserves. But now my friends. We come to the critical moment. Now we face. The acid test . Which will determine whether our actions. Will truly live up to our words . We're all for reform Mr Chairman. We're all for accountability. But we will only do what it takes in a practical sense. In a practical sense . To make reform and accountability . Work . I believe. We must. We're all for holding everyone else responsible. Classroom teachers . School Principals. District superintendents. Governors. Everyone else in the process. But we hold ourselves accountable. This institution. What we hold this president is administration accountable. To doing what it takes to give meaning to the words that we speak. I believe . We must . Last week. Mr President I visited schools across my state . In Evansville. In South Bend in Fort Wayne in Indianapolis. In Floyd County . And I saw the difference that title one dollars are making. In the lives of our children and the quality of instruction taking place in our classroom and it was a wonderful thing to behold and I want to compliment . Those teachers and principals and school superintendents. Who are using those dollars to give those children. Hope . And educational opportunity . That Mr Chairman as I visited those schools. And saw what was working and making a difference. I was also saddened to remember that six. Point eight million children . Six point eight million of our young people who are qualified to receive that assistance. Are instead . Receiving no and one of them . Will they be left behind . If we don't rise to this challenge . Mr President . I'm afraid that they will . President Bush in the campaign last year pledged. Pledge to leave no child behind. And I commend him for that pledge. Now it is up to us and. To him to redeem it. And so we must . We want to act a system of standards . Adopted by the states. Assessments to determine how each and every one of our children are doing. And we will insist upon results. But what do we do with the results of those assessments . When they tell us that . So many of our children. Need to do better. And we simply pat them on the head . Wish them good luck. And say. Now you're on your own . Of course. We must do better than that. Mr President. Throwing dollars in our schools without accountability . Is a waste. But accountability . Without the means to truly improve the quality of instruction . Our children receive. Is nothing but a cruel hoax. And so I call upon my colleagues in this chamber. And our new president . To join with us . To join with us in the historic. Effort . Of improving the quality of instruction . For our children who need it most. To join with us in embracing reform. But also what it means in a tangible practical dollars and cents way of making. Reform. Work . Mr President our actions in this great chamber. Must be more than a facade of. The bill that we enacted that the president signs . Must offer more than an illusion . Of progress . We must not individually or collectively participate in perpetuating a hoax . Upon America's schoolchildren . Mr President. It's important for me to acknowledge that from time to time on this side of the aisle there has been a diversity of thought on this subject. But when it comes to the commitment of resources . To make this reform work. To make progress become a reality . We stand united and determined. So in conclusion Mr President. Let me say this. This debate is not about accountability. Versus spending. We're all for accountability. We're all for reform. This debate is a question of priorities . Of priorities Mr President. And whether we will do what the American people have been asking of us. For so very long now. And that is to make the quality of our children's education. Our number one priority. I believe we must . The president's tax package this next year calls for devoting sixty eight billion dollars . To the cause of tax relief. That's a cause which I embrace. As do many of us. We believe that some tax relief for the hard working taxpayers of America. Is in order for a variety of reasons . But it's not our only priority. Not our only priority. The president's proposal as it currently stands calls for investing two point six billion dollars in improving the quality of education . Twenty five times more. For reducing taxes . Than investing in the quality of our children's education . Twenty five times more. I support tax cuts. I support tax relief . But it's not twenty five times more important than our children's education. It is not. We can and should have both . We should not be forced to make this. Unnecessary. Choice between two alternatives . Both of which can be accommodated. If the upright the administration will be more for more forthcoming with resources. So in conclusion. Mr President. Let me say this . This debate is about education reform.

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  • 10:01:10 AM

    MR. PRESIDENT, LET ME SAY THIS

    debate is about education reform. And it's about the resources to make…

    debate is about education reform. And it's about the resources to make education reform more . But more important than that it's about the credibility of this institution . And those of us who are privileged to comprise it. When we do more than read the polls and put together a construct to try and satisfy our constituents. To make them believe that we are doing something about improving the quality of education for our children. When in fact we are not only make the difficult decision and allocate the resources that are necessary to live up to the challenge that we face. To fulfill the expectations that they have a right to expect of us. I believe we should. And so I call upon the members of this body . And the administration in this president. To join with us to redeem the pledge that he made in the campaign. The pledge that all of us embrace of leaving no child behind . And to devote the resources to our schools. To make accountability . Reform. And progress . Be more than. Empty words. But a reality in the daily lives of our schools. I thank you Mr President . I am privileged to be on the floor with my friend the my colleague from California with whom I work on this issue and so many others. And I yield the floor with. Mr President. Senator

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  • 10:02:38 AM

    MRS. FEINSTEIN

    from California.

  • 10:02:39 AM

    THE PRESIDING OFFICER

    Mr President. I'd like to begin by thanking the. Can your

  • 10:02:41 AM

    MRS. FEINSTEIN

    by thanking the. Can your senator from Indiana for those remarks I think…

    by thanking the. Can your senator from Indiana for those remarks I think he stands . Really in the leadership of this body . In terms of his views on education and I for one am very appreciative of them . Mr President I'd like to use my time on morning business this morning . To update the Senate . On the status of the electricity crisis in California . April is typically . The best time of year for California . When it comes to meeting its energy needs. Winter has ended in Northern California . And the southern part of the state has not yet begun to get hot. Thus the demand for energy is low. Throughout the state . And California has always had more than enough power to meet its needs. As a result . Electricity is usually very cheap. So this is a good time as any to provide an update of where the state is and what may well happen . In the summer months . The average cost of electricity for California this month . Has been about three hundred dollars a megawatt hour. Now this is more than ten times higher than the average for last April. Right before this crisis began . The average price for electricity in the state of the dates of Washington and Oregon. Are even higher . And the price for electricity bought in the future market for this summer. Is now averaging more than seven hundred and fifty dollars . A single megawatt hour. The State Department of Water Resources . Which since January has been purchasing all of California's power needs. Has now spent five. Point two billion dollars. Purchasing power . Just in the first months of this year . At spending. At a rate of seventy three million dollars a day. This is having a serious financial impact on the state's. Credit standing . Yesterday Standard and Poor's downgraded. The state's credit rating. From Double A to A plus. It's important to point out that money the state. Is by is bending. To buy electricity. Is gone . It doesn't buy a textbook or a computer for school. It won't rip rare. A bridge or road it won't build a highway. It doesn't go for law enforcement . It is money that simply disappears. As a result . The stay. Could well be out of money . At the same time. The Northwest is experiencing what may well be . Its driest year on record as a result. California will not be able to rely on the seven to eight thousand megawatts of power . It typically. Imports from the north west in the summer. And that's enough for seven to eight million homes . So there will not be enough power in the north west. To even meet its own energy needs. This summer. Meanwhile natural gas prices . In most of the United States. Are about three times higher than their historic average . And in Southern California . They are eight times higher . Independent analysts like the Brattle group have raised significant questions about malfeasance . On the part of the few companies that have an oligopoly . On the natural gas pipelines. Meanwhile it has been more than five months. Since. Federal Energy Regulatory Commission . The for. If you will. Found that electricity rates . Were unjust and unreasonable and still . They have not acted. To fulfill the mandate of the Federal Power Act which directs fur. To set reasonable rates . When the market. Is not functioning properly . Allow me to read from the language of the Federal Power Act. Whenever the commission . After hearing. Had upon its own motion. Or upon complaint . Shall find that. Any rate. Charge or classification. Demanded observed . Charged or collected by. Any public utility for any transmission or sale subject to the jurisdiction of the commission . Or that any rule regulation practice or contracted. Affected such a great charge or classification. This is the key part is unjust. On reasonable . Unduly discriminatory. Or preferential. The commission shall determine the just and reasonable rate charge classification and rule regulation. Practice or contract . To be there after observed. And in force and shall fix . The same by. Order. That is the Federal Power Act. And the Federal Power Act. Very clearly says for . Once you find that rights are unjust. An unreasonable . You must then fix. Reasonable rates. Or charges. The fur. Has not done its duty . Now the problems in California . Began in one thousand nine hundred ninety six when the state became the first to pass a comprehensive energy deregulation bill. That bill was known as A B.. Eight hundred ninety. The bill passed very quickly . At the end of the legislative session . And it enjoyed. Nearly unanimous. Bipartisan support. A.B.. Eight hundred ninety was supposed to increase supplies of energy and decrease prices for consumers . But the exact opposite happened . The bill assume that. Increases in energy supply. Competition and efficiency. Would drive down energy prices. Now this is sumption turned out to be badly flawed . And as a result . The state was burned by several provisions of the bill. First the bill forced the utilities . To purchase at least ninety five percent . On their elect. Of their electricity. In the day ahead. And spot market . And did not permit. Utilities. To hedge their bets with long term. Bilateral contract. That's a huge problem. Because of ninety five percent of the power. Is bought on the spot market . And those spot market prices go up . The state is in the pickle. That it's in . Today. Second the state forced its investor owned utilities . To sell off their generating assets allowing. Out of state. Energy generators. To purchase the plants and sell the electricity back to the utilities. At market rates. Let me give you the impact of that. For Southern California Edison. When it divest it. Of a generating facility . At the time . Southern California Edison was selling its power. At thirty dollars a megawatt hour. As soon as it sold it to a generating facility. The out of state generating facility . Turned around . To sell the power back to Southern Cal or fornia Edison . At three hundred dollars a megawatt hour . And that part of the problem. Third the bill immediately deregulated wholesale prices. But left. Retail rates. Regulated . Until March of two thousand and two. Or until a utility. Has sold off all of its generating units. Creating a half regulated. Half deregulated. System. These things together . Created a broken market . So the free market . That we've heard so much about can't function as a market should. Because it's really it's it's broken. The price. On the wholesale end is deregulated. The utility cannot pass that price through to the consumer has not been able to. Incidentally that's going to change . Because the stay. Will pass . More than a thirty percent rate increase . That should go into play. In either May or June of this year. So some of that will be corrected . And fourthly And lastly . The states set up a power exchange is a product of that bill. That aim to attract. Sellers by promising the highest clearing price of energy. To all bitters. So no matter what you bid. Your power in for. You are guaranteed the highest price paid . To a bit or that prove to be fatal. Energy suppliers realize that simply withholding power from the power exchange . And from the California energy market. Would drastically drive up the prices. And they did . Spot prices increase dramatically . The cost could not be passed on to consumers . The state's largest investor owned utility filed for bankrupt. And the state's second largest investor owned utility. Southern California Edison . Remains on the brink of bankruptcy . The result has been this crisis . And this crisis could well become an economic disaster . Not only for California. But for the entire West. Now what has the State done . I am the first to admit that California has been slow to address the crisis . And I think part of this was an actual disbelief that the situation could have gotten this bad . This fast. Let me speak about supply . Because there had not been much supply. Very little supply less than two thousand megawatts actually added to the state's power supply. In the last decade. But since the first of the year. The state has license. And approve. Fourteen new gas fired plants and eight new peaker plants which will all be online within the next two years. The. State Expects to add. Nine thousand eight hundred in ten megawatts . That's enough power for nine million eight hundred ten households . And have that power on line. By the summer of two thousand and three. And the state. In toll will add twenty thousand megawatts. Anough to power twenty million homes . And have that on line. By the end of two thousand and four. I would like to enter into the record. A chart which lists. The plants that have been approved. Plant by plant by this day and they expect a days. They will come online. Thank you very much Mr President.

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  • 10:14:32 AM

    THE PRESIDING OFFICER

    Mr President.

  • 10:14:34 AM

    THE PRESIDING OFFICER

    Now why do I tell you that . I tell you

  • 10:14:36 AM

    MRS. FEINSTEIN

    . I tell you that. Because the problem is in this initial period . The…

    . I tell you that. Because the problem is in this initial period . The problem is going to be for the next two years after that. It is expected that the state will have adequate power supply. To begin to create a functioning free market where supply. Senator's time has expired.

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  • 10:15:01 AM

    THE PRESIDING OFFICER

    has expired. Oh I'm sorry I did not realize. I had a time limit.

  • 10:15:05 AM

    MRS. FEINSTEIN

    time limit. May I ask unanimous consent that I be accorded. Another ten…

    time limit. May I ask unanimous consent that I be accorded. Another ten minutes . Is there objection. I'm not desiring to object. But I

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  • 10:15:15 AM

    THE PRESIDING OFFICER

    object. But I

  • 10:15:16 AM

    MR. DOMENICI

    . And I just want to make sure that I follow that and. There is time for…

    . And I just want to make sure that I follow that and. There is time for me. Fine. I was scheduled ten feet with me under the previous order that the time .

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  • 10:15:29 AM

    THE PRESIDING OFFICER

    . I ask you time from ten fifteen to eleven was under the control of…

    . I ask you time from ten fifteen to eleven was under the control of Senator Thomas. I would yield would be P.P.C. only ten minutes.

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  • 10:15:43 AM

    MR. DOMENICI

    So long as ten minutes is added to our side without objection the senator…

    So long as ten minutes is added to our side without objection the senator is recognized for an additional ten minutes. Thank you very

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  • 10:15:49 AM

    THE PRESIDING OFFICER

    much and let me thank the generosity of the senator from New Mexico I very…

    much and let me thank the generosity of the senator from New Mexico I very much appreciate this.

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  • 10:15:53 AM

    MRS. FEINSTEIN

    much appreciate this. So the state is adding additional power. The problem…

    much appreciate this. So the state is adding additional power. The problem comes in the next two years . Now what can be done and what is the appropriate . Federal role in the next two years . I submit that that appropriate federal role is to provide a period of reliability and stability. Until the stay. Has brought online . Anough additional power. To have a functioning free market . Or supply and demand . Functions. In an appropriate manner . The state is also planned. And eight hundred fifty million dollars . Conservation package that will aim to reduce energy demand. Across the board. By ten percent or more. And so in the immediate future . Conservation is the best way for California to avoid days . Of rolling blackouts this summer. But in my opinion it's going to be impossible to achieve. Anough conservation. To avoid all blackouts . Additionally the governor of California has issued a series of executive orders. Authorizing increased output. At existing facilities. And ensuring that environmental regulations. Are not posing any barriers to maximum. Energy production. I'd like to enter into the record at this time . A letter from Winston Hickox . The secretary of the California Environmental Protection Agency . Asserting that there are no. Energy plants. Idling in the state. Because of environmental reasons. With the exception that those. FACE . Plants that are being retrofitted. So they can operate cleaner more efficiently . And more often in this summer. Without objection . I thank you.

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  • 10:17:51 AM

    THE PRESIDING OFFICER

    There is so. Mr President the point I'm trying to make . Is that there

  • 10:17:53 AM

    MRS. FEINSTEIN

    I'm trying to make . Is that there is no environmental law . That is…

    I'm trying to make . Is that there is no environmental law . That is holding up. Either the approval . Or the functioning of. Any generation facility . In the state of California . Also I have written the C.E.O.'s of all of the major energy generators. For California . And have confirmation of this . And I have not heard of one single example . That contradicts secretary had Cox's. Statement. So I believe that California is really doing all it can . Right now to maximize. Energy supply. To reduce its demand. But it's still not likely to be enough for the summer. Now this summer. We are projected to have a shortfall. On a warm day . With all plants. Operating. Of two thousand megawatts. On a hot day with some plants down . The shortfall is estimated to be . Ten thousand megawatts. And that could well be serious. Disaster. Because hydro power in the northwest is also low. There will also be shortages. In other western states as well. Our state has already experienced several days of rolling blackouts. And when a blackout hits. It means traffic lights go out elevators. Fuel pumps are down. Food becomes . It begins to rot and production. Stops. The economic losses. Are measured in billions . And they're well. Could be. Loss of life. Now let me put price . On the table. This chart here . Shows that in nineteen ninety nine. The total cost for energy to the state of California . Was seven billion dollars in the year two thousand. Those cost became thirty two billion dollars. The cost predicted. For energy to the state of California in two thousand and one. Is sixty five billion dollars . Look at this . Cost. Jump in three years . This is the problem. That this deregulated wholesale market. Has run amok. And that there are no controls at the first has found these prices. To be unjust. And on reasonable. And refuses to regulate. What happens this year . With these prices. And no regulation . So the situation we are in is an ordinarily serious . I want to just make a couple of points . About natural gas. Natural gas stocks are low everywhere. And the price for natural gas . For most of the company. Country is averaging about three times more than the historic average. However in Southern California . The prices are eight to nine times higher. C N eight sugar . A refiner in Crockett California. Generally pays about four hundred fifty thousand dollars a month for its steam. Generated through natural gas . During the peaks of this past year. Four hundred fifty thousand dollars a month . Has risen. To two million dollars a month . That plant. Can employ a thousand to twelve hundred people that plant cannot continue to operate under these conditions . There is a real problem in the transportation costs . Of natural gas. Because they are not transparent . And because profits are hidden . The transportation of natural gas. The cost of moving gas from let's say San Juan New Mexico. To San Diego . Has always been regulated . When it was that cost. Was about seventy cents. So if natural gas is selling for five dollars. In San Juan . And it costs seventy cents to transport it. To Southern California . When it gets to Southern California . It should be selling for no more than five dollars and seventy cents. The price of natural gas today . In San Juan New Mexico . Is four dollars and eighty cents. However that price . In southern California today . Is fourteen dollars and seventy one cents in Northern California . It is nine dollars and fifty nine cents. Something. Is clearly wrong. This price need no be no more than seventy cents . Not fourteen dollars and seventy one cents. In February of two thousand. The firk decided to experiment . And it remove the cap on the transportation . Of natural gas . For two and a half years. Believing the market . Would actually drive down the prize . Clearly the opposite happened. The absence of transparency. Allowed companies to withhold parts of that natural gas. Transportation pipeline. Just for the purpose of increasing price. And price has risen. Senator Gordon Smith and I along with Senator Bingaman . Senator Cantwell. Senator Murray . And Senator Lieberman . Have introduced legislation yesterday. Direct. Doing the Ferg to do it's job. The legislation says that since you first have found the prices to be unjust and on reasonable. You must now do your job. And you must set . Either. Cost based rates. On a temporary basis or a rate cap on a temporary basis for the Western grid. Within sixty days. It requires Mr President that those costs must be passed on in a manner that the state. Believes . Just to the consumer. The cost can be staggered over years. It can be real time pricing teared pricing it can have a base line . But it must be passed on . Again . To create a functioning market place . The Bill. Also requires that all future orders . To sell natural gas or electricity. To an affected state. Must include a reasonable assurance . Of payment. We believe Mr President that this is a bill. That must be passed by . This body . The Energy Committee has had two hearings . On the subject. And I am hopeful that this body. Will pass this bill . In a timely manner. The inability or failure to do so. I think is going to create a human . And an economic disaster . In the western states . Comes summer. Because these costs. Not only of natural gas . But of electricity . In the hot months. Are going to be serious and extraordinarily high . So Mr President . I thank you very much for the opportunity to give this status report. I want to end by. Particularly thanking . Senator Smith of Oregon . He has worked with me. In a bipartisan way . He has gone. Members of the committees on the House side . He is very solid and. Steady in support of this legislation I'm very proud to have him as a major co-sponsor. I also want to thank the senators from the great state of Washington who also recognize what this problem is and are determined to do something about it. Thank you. I yield the floor under the previous sort of the time until eleven.

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  • 10:26:18 AM

    THE PRESIDING OFFICER

    Ten A.M. shall be under the control of the senator from Wyoming . Mr…

    Ten A.M. shall be under the control of the senator from Wyoming . Mr Thomas or is designee. Senator from New Mexico . Is present as a as a designate I have asked that I be permitted to speak up to ten minutes without objection .

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  • 10:26:30 AM

    MR. DOMENICI

    asked that I be permitted to speak up to ten minutes without objection .…

    asked that I be permitted to speak up to ten minutes without objection . Mr President and fellow senators I rise today. You

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  • 10:26:36 AM

    THE PRESIDING OFFICER

    President and fellow senators I rise today. You

  • 10:26:37 AM

    MR. DOMENICI

    senators I rise today. You say a few words about education. We were. We're…

    senators I rise today. You say a few words about education. We were. We're going to seriously consider. Education reform. Here on the Senate floor. During the ensuing days . I thought it might be appropriate for me to talk a little bit before the time comes for amendments. Amendments which I and many others will offer . For that event. Arises. New Mexicans and Americans agree. From everything I can tell that improving the educational opportunities a bailable. For our children should be our top priority. The issue is whether or not we can reform the school system. So much that our children will perform better. Perform better . As they are educated in our public school system. In the ensuing years . There is ample evidence that it is absolutely imperative that we do about or. That the public school systems . Do better and that . More and more are schools. Be held accountable . And that the accountability be provided in the report measures the of the accountability requirement. Be part of the reform measures which the United States Senate will be considering . In the next few days or weeks . I think for starters we can go back to our the days of our origin and called. From a very distinguished American who talked about investing . Resources and said. This was Benjamin Franklin . He said an investment in the in knowledge. Always pays the highest interest . Now obviously that's a very simple way of talking about where you put your priorities and where you put your resources . And where you might expect the best benefits for society . And obviously this great American. Way back in our founding days said . You always get the best interest. When you invest and knowledge. Later in the discussions there will be ample opportunity for senators. To assess the performance of the school systems across America. And what's happening to our children. Not everywhere. But some places . Not to all children but to substantial numbers. By way of our failure to give them. The basic skills with which to perform as students and growing Americans and ultimately as adults. In our society which is requiring more and more people be scaled of mine. And that their cognitive skills be developed to the highest extent possible. Mr President . President of the United States . Can name any man or. Suggesting reform. Of the education system . Also suggested that . With the it. With that reform . If there should be an increase a substantial increase in the level of funding by the federal government. President has suggested that we spend forty four point five billion dollars for the Department of Education. That's an eleven point five percent increase over last year. But it is also one billion dollars in funding new ponding quote . A new reading program for young children . Tied into the reform measures that we'll talk about as this bill proceed. It increases special education funding to a federal share of seventeen percent . And that's seventeen the Porty percent that we have committed. And it's the highest proportion of share by the federal government. In the history of the program. Not. It doesn't do justice to our original commitment of forty. But for a one year . Add on to the program . It is substantial. Provides two point six billion in the area of teacher quality farms . That's a seventeen percent increase. And it provides a half a billion dollars increase for Title one grants. To serve disadvantaged children . Now obviously there will be a lot of talk. Or there already is bipartisan discussion between the committee members . And the president . But there'll be a lot of discussion as to how to change the underlying laws led by. Led by the law that we've had on the books for long. Time . The a bill that provides most of the funding for education . And how that's going to be changed . The Senate will begin debate on a new Act which is going to be called a better education for students and teachers. Act . And I want to just take a few moments. To talk about my. Specific input. Which I will offer to the Senate . First of all I should have said when I open my remarks . That Americans and the Mexicans are concerned and a high priority is education. But I should have said and secondly most Americans and most New Mexicans are worried about what's happening to our character and to the morals . In our society . To our culture. Normal reality. And that seems to be almost the second most important issue around. Well let me say . I will be offering on the floor. What we will call a strong character for strong schools. Act. I think it's important to note that . Reform does not only applied to math and science and reading . While the current debate. Is centered on a form our bill is simply encourages the creation of character education programs. At the state and local level. By providing. Grants to an ALJ of all . And it G.'s. The bill builds upon a highly successful. Demonstration program to increase. Character education . That was contained in last year's as a bill. Since one thousand nine hundred ninety four. The Department of Education . Has granted seed money to some of our school systems. To develop character education programs. Currently there are thirty six states that have either received some federal funding . Or have a knack to it on their own laws . Encouraging or mandating. Character education. Thus the time is now to ensure that there be a permanent and dedicated funding source for made available for a character education program . I might suggest. That. When we first look at character education . Questions are asked about what is it. Will it work . Will teachers. Want to do it. What I just want to cite an example of how it is being done in my state. Under a program called a six pillars of good character . And I want to just read the Words that. Equate to the six pillars . And then tell you a little bit about how it's being use the words are trustworthiness respect. Responsibility. Fairness . Caring and citizenship papers were developed . These were developed a few years ago . A few years ago when a large group of Americans . Under the leadership. Of a pound Asian. Here in the United States. Now brought them together to talk about . Good character . The Josephson. Foundation. Essentially a foundation that . Promoted ethics. Move itself all over and talk a little bit more specific in coming up with six pillars of character . In my state. We have the largest number of public schools as at the grade school level in junior high level of any state in the union. That has incorporated these six pillars. Into the daily education. Of our children. The teachers love it. It in power's them to do some things they've always wanted to do . And there are lesson plans and other. Peaching. Paraphernalia that help them get across these six pillars as part of the normal education of our children. And it is a real joy to go to a school that is doing this . And see what is occurring in the hallways and byways of the school. They choose one of these pillars of character for each month. I ask that I be granted five additional meetings . Without objection. They choose one of these pillars for each month for instance. And if you happen to go to the school. When they chose. Responsibility you will see the Holloways. Laden with posters and. That contain ideas and events . About responsibility and then if you go to the end of the month . Where they all get together and talk about that pillar . You will see the most enthusiastic . Group of teachers and young people . Discussing what happened during that month. With respect to encouraging response of. Realty and understanding . Out it and. Actions based upon it. Now that's just say without telling the Senate how all that got started and how it proceeds . It's just a glimpse of what can happen across America. If we continue to encourage this kind of character education . And ask more and more of our states . To get involved and encourage them. But not order them to do this. Having said that I want to thank God. Senator Dodd for his leadership . He has joined with me. In promoting since the . Since the departure Senator Nunn . It's the encouraging. And the start up funding for character education in the United States. In addition to that measure . Senator Kennedy will join me in a pail which we're going to call . Which which will address itself to mental health needs in our schools. Essentially what it will say that the resources that are not in the school but are in the community and are public that deal with mental health . Should be encouraged to collaborate with the schools. So that they are made available in the schools for the schools . For the counselors and for the young people there. I think that Bill will be prying general acceptance in the Senate. And is something we ought to be encouraging. And the third amendment that I will introduce with a number of co-sponsors. Has to do with the recruitment and retention of teachers. Rather than go into detail now . More of which I will do when I enter juice the amendment . It is obvious that we need. Teacher recruitment and teacher development. And we're going to promote this . By advocating . Teacher recruitment and development. Retention centers. Within our state for the exchange of names. For the filling of in for pulling out of information and you asked to provide a program in the country . On a grant pace is purely voluntary where I work there would be interned ships. By biting teachers . With senior teachers that are known for their quality and competency. Thus permitting a number of young Americans . To have a half a year or hear. Service as an end turn . With an educator before that don't put in the classroom. On their own . I think it's going to be a worthwhile debate . There are many participating from the committee. Here in the Senate. I don't happen to be on that committee but I would participate to the extent. To the maximum extent . And that these three amendments and three ideas will be incorporated in amendments that will be offered on. Floor. At this point I know Senator Smith is waiting and I exceeded my time. So I yield the floor . And thank the Senate president . Senator

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  • 10:40:30 AM

    MR. SMITH

    from New Hampshire.

  • 10:40:31 AM

    THE PRESIDING OFFICER

    Present under the.

  • 10:40:33 AM

    MR. SMITH

    TIME A lot of. Under Senator Thomas I yield myself five hundred senators…

    TIME A lot of. Under Senator Thomas I yield myself five hundred senators recognized for five minutes.

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  • 10:40:39 AM

    THE PRESIDING OFFICER

    recognized for five minutes. President . In early April April sixth of the…

    recognized for five minutes. President . In early April April sixth of the exact of the United States Senate went out for recess and.

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  • 10:40:44 AM

    MR. SMITH

    April sixth of the exact of the United States Senate went out for recess…

    April sixth of the exact of the United States Senate went out for recess and. The following day on April seventh. On a Saturday. A helicopter crashed into the hillside. Of a mountain in Vietnam in the fall and. In that crash . Seven Americans . American military personnel were killed and nine. Vietnamese . It's a grim. Yet a vivid reminder of the fact that every day in America. American servicemen every day in the world. American servicemen. Are serving their country in harm's way . Even though the nation is not at war. We sometimes forget that these men and women put their lives on the line for us. I want to share with the Senate. What these men were doing . These men were searching for the remains and searching for answers. Of American missing. Military personnel M.I.A.'s. From the Vietnam war. These young men volunteered for this job . And put their lives on the line . To find answers . For the families of those who were missing. I think. And Mills Griffith . In a comment from the National. Excuse me . The strike that start again in a in a statement issued April seventh. By the National Alliance of families. In expressing their sympathy to the families . The National Alliance of families. Said quote We extend our sincerest condolences to the families of these service members. And hope that they will be comforted by the fact that their loved ones. Will always be remembered for their commitment to finding our loved ones. Unquote. Mr President I just came back about forty five minutes ago from a memorial service at Fort Myers . For those seven Americans and their nine Vietnamese . Counterparts . To sit there with some of the families of those missing . Was difficult. But again it is a reminder of what. These men do and women do all across the world . In uniform. And I want to honor them today . In the United States Senate. By letting the American people know who they are . Because these are not anonymous people. These are real people with now real grieving. Widows . Real grieving mothers and fathers. The Americans on board . Were members of the army. The Air Force and the Navy . Be specific there were three members of the United States Army. Three members of the United States Air Force . And one Navy personnel. They were black. They were Hispanic. They were Caucasian. They were Americans. They were American military. They were. Army lieutenant colonel . Ronnie. Melville Corey Jr. Of Oklahoma City Oklahoma . LIEUTENANT COLONEL. George D. Martin the third one of Hopkins. South Carolina . And Sergeant First Class . Tommy James Murphy . Of Georgia. Hometown not available. They were Air Force Major Charles E. Lewis of Los Crusades New Mexico. Master Sergeant Steven L. Mosher. Of San Diego California and Texas Arjen Robert M. Flynn. Of Huntsville Alabama . They were Navy Chief Petty Officer Pedro Wonka and solace. Of Buckeye. Arizona. Real people. Mr President real Americans. Now I used to teach high school . And oftentimes I would be amazed at the. Heroes that some of our young people. Sought out . Many in the athletics world. Some in the entertainment. Some that I might not have picked as heroes . But if you're looking for a hero or heroes . To admire . Here they are seven sacrificing their lives in the line of duty . To search for the remains of American servicemen and women missing from the Vietnam war . What an honor to serve your country in that capacity . As President. At least five times that I can recall . I as a member of the heat of the Congress or the Senate. Had the opportunity to visit Vietnam and indeed fly on. Maybe the same helicopter but certainly similar helicopters . With Vietnamese pilots and flew all over South Vietnam Laos Cambodia . On some of these missions. Trying to find answers for a P.O.W.'s Now my age. These wonderful people who make these sacrifices . Days long days. Weeks away from their families. On the ground. Sifting through . Dirt. Trying to find remains looking at refuges. Digging into the files in the archives whatever it takes . They're out there doing it. Day in and day out with very little . Accolade. And I want to honor them. Today by simply saying thank you thank you for caring enough to search for your colleagues and comrades in arms who are missing. Thank you for serving your country . And thank you for making the ultimate sacrifice doing it. And also to thank the families . Those who survived. Who now want to or this pain. So special . It's special with me because I have also endured it . My father who served in World War two. Died in the service of his country in a military aircraft accident . When I was three years old and. My mother as a widow. Raised Me and my brother. For all those years. So again . These are heroes. These are members of what is called the Joint Task Force . Full Accounting and. I would just ask that all of us . My colleagues in the Senate. American people who are listening . in Tonight. When you put your head down if you might just remember. These men in your prayers and say. Thank you from a grateful Congress. And a grateful nation . For your service to our country . President . I suggest the absence of the clerk will call the roll.

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  • 10:48:10 AM

    THE PRESIDING OFFICER

    call the roll. Mr Akaka . Mr Allard. With .

  • 10:54:15 AM

    MR. LOTT

    Who's present as a quorum call be dispensed with that objection.

  • 10:54:16 AM

    THE PRESIDING OFFICER

    Who's present as a quorum call be dispensed with that objection.

  • 10:54:19 AM

    MR. LOTT

    that objection.

  • 10:54:21 AM

    THE PRESIDING OFFICER

    Was present I know there have been a number . More or less.

  • 10:54:23 AM

    MR. LOTT

    . More or less. Opening statements or statements with regard to education…

    . More or less. Opening statements or statements with regard to education in America and the . Hope that we can move forward on a very important education reform bill that has been requested by President Bush and has been worked on in our Health Education Labor and Pensions Committee . The bill was poured out overwhelmingly some months ago . At that point negotiations. Did begin between. Republicans on the committee Democrats on the committee. And the administration . And I had the impression that good progress has been made. And that's as it should be . Education is a very high priority in America. With this president with the Congress . But most important with American people . I have stated on this floor . Many times before . I'm Porton I do education. And my state of Mississippi were struggling mightily . To improve the quality of our education and make sure that our quality education is available to all of our students and we are truly working on the idea that no child should be left behind . And we've had a one hundred million dollar contribution from the Barksdale Jim and Sally Barksdale for fourth grade reading. Only in my state. We're now at a point where we have fifty schools that have been . Prove for the Power Up program where students from the fifth grade to the eighth grade. Have access to privately donated computer. Computers with a specifically trained. Teacher. Trained in how to teach . The computer used to these children. And to be used to help them learn to read this program. Allows them to become . Computer literate . And to improve their reading skills so now we have unique programs in my state. For fourth graders and fifth through the eighth grade for reading alone. We are really focusing on. Where there's a tremendous need and. That story can be replicated all across America. In addition to that I'm a son of a school teacher . Later that taught for nineteen years before she got into. Bookkeeping and eventually into radio announcing. So I care a lot about education I work for the University of Mississippi and their placement and financial aid office for their alumni association for the last two place mage bureau. So I've been involved in working with guidance counselors and teachers and promoting education generally. I care mightily about this as a member of Congress for twenty nine years I have watched just tried to have a constructive role from the federal level. With the states and local school officials. We have put billions of dollars in trying to do be helpful . On the federal level . The number is well over one hundred thirty plus billion dollars for Title one . Since I think it was one thousand nine hundred five. And as we have poured more and more money from the federal level . Into local education the test scores have continued to slide downward. There's something missing . Money alone. Is not the answer. Money is a part of the answer. We need to put more funds both the local state and federal level. Into education . But we need more than that we need fundamental reform. We need flexibility . We need accountability . We need to make sure that the children are learning to read and to do math. We need to know that we're getting results. For the efforts that are put in. To this important. Area of education. We need to make sure that teachers have the training that they need to do the job and that there are more and better programs that . Make sure that we have teachers that have been taught how to teach the use of computers. We have computers and . In backs of classrooms and in hallways that aren't being used because we don't have teachers trained or qualified to teach their usage. So we need more programs parties we also need accountability for teachers. Testing is something that I struggle with a little bit we need to have a way to know how our students are doing. I worry about a national test our national testing system . But the president has convinced me that there must be some sort of testing. Mechanism. With a lot of local discretion and it must occur regularly. Not just sporadically. So there's much that we can do in this area . And I've been prepared to do and have been under the impression that we were going to be able to move to this education reform package. On Monday of this week. But the motion to proceed was objected to and my attitude was by and will. Will begin talking about the issue in for sizing its importance and. Surely we could go to the bill on Tuesday Tuesday came and went . And even though great progress has been made on negotiations and reform . And movement on the money issue. Still no agreement to go forward on the bill. Now here we are Wednesday. And each time . I have called and talked to the Democratic leader. I have had the impression that he would like to move forward but . You know just not quite ready yet I understand what's going on. Leverage has been applied on the president to try to get more money . Get a commitment to spend more and more money. It's obvious what's going on but. I don't think that's the responsible thing to do and. I think we should go forward with the bill. In the past I've been criticized because I wouldn't move to Bill and. Just say let's let the Senate work its will. Let's have amendments let's have vote some amendments win some lose . In the end you have a product. And then you vote and you go forward. Now being told until a total agreement is reached we can't go forward. I don't understand. Education is the highest priority. In America. The president. IGS legislative branch. The State. The . governors Local school officials. Everybody. And here we are. We stand and we wait . We're ready to go to the bill. Let's take it up. Let's have a free flowing to buy. Let's have amendments. Let's have votes. Let's do our job. And yet. I'm told well we can't even proceed to the bill yet. Well I'm going to be patient . I'm hoping that by this afternoon we can at least proceed to this bill. That was reported if not unanimously. Thirteen to two or something like that out of committee. Let's go to the bill. Underlying bill. We can have some amendments offered to that. And then if there is a. Agreement between all the parties. The manager can offer an amendment . And we can amend that. So I'm I would say to my colleagues on both sides that how. Let's let's begin. Let's do our job on education . We've had enough time we should have done this bill in February. But all I was told by the committee when ready. Then I was so well we're making progress . Then it was reported out overwhelmingly everybody's happy . We're ready to go. And yet here we are . And we can't go . So rather than just . At this point mark time I thought is important that we go forward and try to take up another bill while we hope that some agreement can be reached and we can move forward on education. Bill. And I have talked to the chairman of the committee that has jurisdiction over the Brownsville legislation. I had thought maybe there would be a need to go to this legislation . As we were getting ready to go home for the Easter period. And I indicated the chairman. That I thought it would be necessary for him to be prepared to go forward and. He is ready to do so. So I think that . I'm going to ask an agreement here. I believe that the Democratic leadership is agreeable to this that we would go forward to this legislation which affects of all our states. Lot of communities. This is some reform legislation that hopefully will allow more of these Brownfield to actually be cleaned up and not just be a lawyers. Enhanced much. Act and. This will be a plus. I think for the institution and. And it will get us some results . I believe we can do this in a cup. Plowers and. And would be prepared to have a boat . About two o'clock or so . I would inquire are. Mr Chairman . Is your counterpart. Ready to run you are out of there your the. Senator from Nevada. So I want to thank the chairman and ranking member . For the work I've already done and for being ready to go to this veil on short notice and I would ask unanimous consent that eleven fifteen today the Senate proceed to the consideration of counting the number nineteen. S three fifty the Brownsville legislation. And to be considered under the following limitation . There be two hours of debate. Equally divided between the two managers . No amendments be in order to the bill out of then a manager's amendment. And finally I ask and sent a pall over the use or yielding back of time the manager's amendment be agreed to the committee of steps to be agreed to the bill be read a third time . And the bill then be temporarily set aside with the boat occurring on passage . At two P.M. today . With no intervening. Action or debate. Yet. The senator from Nevada is right. His

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  • 11:03:32 AM

    MR. REID

    present. Senator

  • 11:03:33 AM

    THE PRESIDING OFFICER

    from West Virginia has an important statement. To give

  • 11:03:35 AM

    MR. REID

    statement. To give writing one of our. Valued employees here in the Senate…

    statement. To give writing one of our. Valued employees here in the Senate . And I'm wondering if we could have the. Senator from West Virginia I understand you want to speak for ten or fifteen minutes . So maybe we could start this at twenty five after eleven that would still get my request to that we would get it. Then eleven twenty five hundred vertical forward of the state with the point now and then. And I wonder

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  • 11:03:55 AM

    MR. LOTT

    hundred vertical forward of the state with the point now and then. And I…

    hundred vertical forward of the state with the point now and then. And I wonder I wonder May I say to the majority leader . That would leave an hour. I mean two hours and thirty five minutes until two o'clock . So why don't we just make it rather than two hours turned three five minutes or no minutes in order anyway. And that. We may have some people who wish to speak on it. Would that be OK

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  • 11:04:14 AM

    MR. REID

    on it. Would that be OK with the leader. I'm not sure I understand what…

    on it. Would that be OK with the leader. I'm not sure I understand what the request was rather than.

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  • 11:04:18 AM

    MR. LOTT

    rather than. Ending the debate on this. At

  • 11:04:21 AM

    MR. REID

    proximately. One hundred twenty one I only want to put it to a caucus…

    proximately. One hundred twenty one I only want to put it to a caucus voted. Two o'clock. I'd be fine is there's an objection to the request is modified Without objection so ordered was present you the floor.

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  • 11:04:30 AM

    MR. LOTT

    the request is modified Without objection so ordered was present you the…

    the request is modified Without objection so ordered was present you the floor.

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  • 11:04:31 AM

    THE PRESIDING OFFICER

    modified Without objection so ordered was present you the floor.

  • 11:04:37 AM

    MR. LOTT

    Senator from West Virginia.

  • 11:04:39 AM

    MR. BYRD

    Senator from West Virginia.

  • 11:04:41 AM

    THE PRESIDING OFFICER

    His friend I wish to thank the distinguished majority leader and the…

    His friend I wish to thank the distinguished majority leader and the distinguished minority whip . For their

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  • 11:04:46 AM

    MR. BYRD

    . For their kind as a courtesy to me. Mr President. I rise today . With a…

    . For their kind as a courtesy to me. Mr President. I rise today . With a heavy heart . And I do not say that without justification . And I measure my words in saying that Iran is today with a heavy heart . For it will shortly be time for me to say good bye. For now at least one of the most extraordinary men . I have ever had the pleasure of knowing. In my eighty three years . On God's. Foot stole. Puts to. This earth. The minority staff director of the Senate Appropriations Committee . Mr Jim English . Has decided to retire. This year. Jim . English . Has been my right arm . Figure Davis speaking . Says one nine hundred eighty nine. When I assume to the chairmanship of the Appropriations Committee. Of the Senate. We have been through so many battles . Together . And sometimes it seems as if . Jim English . Has always been with me. I could almost say I could never almost say that I can never remember a time in my life when Jim wasn't beside me. In fact I met Jim English in one thousand nine hundred seventy three when he worked on the Transportation Subcommittee. But he did not actually work directly for me until one nine hundred eighty nine when Jim English was born on a farm near Homer Louisiana. That's simple fact explains a great deal. Jim English has a head full of brains . And who knows how to use them. They don't go to waste . They're not dormant. They're always working. But while he has a head full of brains he doesn't have a thimble full of arrogance or. Supercilious attitude. He is rock solid. He is honest and is full of good human. He is the type of person whose values and character reflect the very best of America . And indeed the very best of human nature and . The preeminent live best. Of nobility . Few persons have eyes seen in life that I would think of as being noble. Jim English is one. I don't recall ever having said this about anybody else. It doesn't mean that I haven't seen other very noble. People. My. The man who raised me . Titus Dalton Byrd. A man of little education . But with a big heart I mean great so . Was a noble man . James. English has had a working career which includes being accounting clerk for the D.C. government revenue officer for the hour asked. Clerk of the transportation Appropriations Subcommittee . Vice president for government affairs that Amtrak assistant secretary of the Senate staff director of the Senate Appropriations Committee and month minority staff director of the Appropriations Committee. I daresay that he has warned all of these many hats these many back. With distinction. There is probably no position. That Jim. English would not improved. Improve just by occupying it. He is without doubt. And I've had some extraordinarily fine staff people . He was without doubt. Overall the finest staff member I have ever employed and my. Forty eight years on Capitol Hill . And I say again that I've employed some top notch. Very fine . Staff people . And I say this about Jim. English because of his versatility for one thing. He is multi-talented. He is supreme but supreme like. Capable . And he is completely under wanted by in a challenge . Jim English is also unrelentingly curious . He would dig and dig and dig until he gets an answer to a question that has been said by someone that . Curiosity is one of the certain characteristics of a very good rest mind. When you stop and think about it. That's a very apt. Saying. Never was there a better example of the truth of that observation than . We have seen in Jim English. Moreover I have never met anyone so consistently good humor. Even in the most stressful of situations. And as my dear friend . Senator Ted Stevens . The chair of the Appropriations Committee. Knew. There are certainly times when. Being on the Appropriations Committee staff. Can be dreadful. Stressful and demanding . And I cannot recall ever seeing Jim English angry in all of the years that I've known him . Rarely ever be even seen him become impatient . Emerson once observed that it is easy. In the world to live after the world's opinion . It is easy and solitude to live after our own . But the great man. Is he who in the midst of a crowd keeps with perfect sweetness. The end The penance . Of solitude and that is you mean he is the epitome of . Emerson's thoughts . In that regard. Gentle with everyone. And yet the toughest of adversaries when he must be tough . Jim English seems always to maintain perfect. Control and equanimity. In all the years that I have worked with him and . I have never heard him tell an off color joke . I have never heard him use profanity. If he had he wouldn't stay on my staff. I don't use it in front of my staff not that I have never used it in my life but I don't use it in a moment and him English. Stamp people don't you and. He's just a good man other Babbitts is no man is good but. Him English comes as near to it as the anyone I've ever met . Losing him . Will be like losing an arm . Jim has given over thirty years to federal service. But twenty three of those years spent with the Senate Appropriations Committee . Almost thirteen of those twenty three years he has spent working closely with me. I still miss him . Professionally . And I shall miss him personally but I know that you want to spend more time with his lovely and. Good Wife. Phyllis . With his daughters Kathleen post. And Elizabeth Evans Dorf and with his four grandchildren I-Slam Alex. Evan and Jimmy. And Mr President as much as I regret losing Jimmy . And I couldn't keep keep in the fight if I wanted to. But no one could begrudge him . These desires . I wish for him all the best of life has to offer . And I want him to know that. I'm grateful for the loyalty of this service and the friendship . That he has offered to me for so many good years . I Mr President my dear colleague. And I say dear common meaning and . Ted Stevens is on the floor and I know he wants to share his thoughts on this subject so Mr President can say I don't. You know I'm a year or two hundred Stevens. After which every record . Again for just a few lines. And the time be extended to whatever is not sure which won't be very long I'm sure a lot more until additional money . Is present. So you're going to be action without objection.

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  • 11:15:12 AM

    MR. STEVENS

    without objection.

  • 11:15:13 AM

    THE PRESIDING OFFICER

    Grateful to my great friend from West Virginia.

  • 11:15:16 AM

    MR. STEVENS

    from West Virginia. I'm chairing a hearing at the present time a Defense…

    from West Virginia. I'm chairing a hearing at the present time a Defense Subcommittee of Appropriations. But I'm sad I'm not ready to come to the floor for this occasion to to recognize and. Comment upon the retirement. Of Jim English . From the staff of our appropriations committee. I say. To Jim . Very frankly all of the members of our staff the minority majority members and staff I'm reading extend to you our heartfelt congratulations after all you've done not. Far thanks. What you've done and are are desirous that you and your wife and us and your daughters . And your grandchildren will have a grand time . I really can't send a bird I can't fathom a young man like that deciding to retire. But. I hope that there are some fishing holes . Along the line that he wishes to explore other things to do . My first father in law told me that. English is the only language in which to retire means other than go to bed . So I hope it's a misuse of the term. Retire and terms of. Referring to. Jim English because he has. Much yet to contribute to our country interest family. We have worked together now . Senator Byrd with that. I have. But Jim English has died. In seventy three I think. And although he left the committee work Graham track as you mentioned any. He worked under your leadership under staffed and with the leadership staff. He has been back again with our committee says nine hundred eighty nine . According to our figures and has served as yours . Majority staff director and now just as the Democratic staff director in this is equal to us where we're celebrating. Now . But in the time not I've been chairman . Jim English is not just been your advisor center he's been. Our advice. The committee's advisor. And he's worked with us in a way that has been deserving of the trust that we have had and post op . Upon him and. And conferred upon a beat. He is a man I think. Who believes in a close bipartisan relationship . And a committee like ours and he has . He has read fostered that by its actions and by his work . Much of the credit for the post bipartisan relationship that we have now come some of the work that he did before . When you SETTERBERG were chairman of a was chairman a committee. And I think that that courage has extended to the time that I've been chairman . And we have a different relationship in our committee. Is it is a committee that recognizes that work has to be done. There's only one committee that actually hasta past. Thirteen bills. Every year. No matter what happens. Those bills have to pass the Congress has to be approved by our committee . And I think that as you mentioned . There is there are many issues that come up . Many many specific battles. Animosities that develop within our ranks. I have never seen a Jim English take part in that . He has been a man. In a calm temper. Unlike me I might add. But to he as one who has worked to ensure that the process we follow . The processes we follow . Are fair and honorable . And I can say without any question that. My staff and I have trusted Jim completely . If he tells us anything . It's . It's accepted . On his face there's no reason to go behind . Jim Englishes word . And he has been a man that . Played a central role . And the appropriations process here for many years . I've come to Florida say . I'll miss him. I really don't like the idea of seeing young man like that. Leave it raises questions with in my mind of who's a smarter. Of the two. Center right. I think anyone who recognizes the caliber of. Jim ingratiate his professionalism. But understand how much we're going to miss him. I'm sure you'll find someone to replace him . And that's why I hope that we'll have the same relationship with whoever that will be . But it is a difficult time. To to have a person like Jim decide to leave and. I want to say to you Jim English that is the doors. Of my offices. Will always be open to you . No matter what the issue is and that . I will continue to rely upon your advice no matter where you go. As I think you've earned a reputation . To be accepted here in this body. As a man of integrity and honor . And one who's always kept his word. There's nothing better you could say about a man in my opinion . I wish I had the capability you have Senator to remember. Quotes from my distinguished authors I've never tried to develop that capability. But I do want. Jim to know that. We have benefited greatly from your service. Whether we're Republican or Democrat. The country is better off for you having spent time with us. And we hope that you enjoy your life from now on and come back to see us from time to time. Whatever your new endeavors maybe you'll have our best wishes . And you have my shirts that I would be ready to help you in any regard. I thank you but I said for you to do with this fund I thank Senator Stevens for those remarks.

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  • 11:21:29 AM

    MR. BYRD

    Senator Stevens for those remarks. Coming from Senator Stevens . Who in my…

    Senator Stevens for those remarks. Coming from Senator Stevens . Who in my judgment. My having served on the Appropriations Committee. Longer than any other senator in history . Now . Going on forty three years. And I've seen some good chairman of the Appropriations Committee has been in my judgment. And I know has been sand sand in my viewpoint. Senator Stevens is the best . Chairman of the Appropriations Committee in the Senate. And that includes myself. I was chairman the best chairman of the sort of Appropriations Committee has had during my long tenure in Mr Peabody. And for him to say. The things that he has said today . Brings pride to my own heart . As I know that they bring trapped pride to the heart of this man who is about to leave the employ of the Senate. Let me close just a president with a few lines which I think. Are fitting. When we say these things that he said today. About Jim English . You don't have to tell how you live each day . You know when I have to say if you work or play for a tried and true barometer. Right in this place . However you live. My friend . It was show . In your face. The faults . The deceit that you're bearing your heart. Won't stay down inside where it first. Got its start forcing you and blood. Are a thin veil of lace. What you carry in your heart . Will show your face. If you have gambled and won in the Great Game of Life . If you feel you have conquered the sorrow and strife. If you've played the game fair and you stand on first base. You won't have to tell that it was showing your face . Then. If you dissipate nights. Till the day is most Now I there is only one teller and one that won't lie . Since your face from a barometer. Is right in his place . However you live you are showing your face. Well if your life is unselfish . And for others you live. Not for what you can get. But for what you can give. And if you live close to God in His infinite grace. You won't have to ten it. It will show in your face. Mr President I have the approval of the distinguished majority leader and the thing you can vote a leader . To ask unanimous consent that the Senate proceed to the consideration. I've asked for has seventy three submitted earlier today by the Senate Senator Leahy and. Myself . The clerk will report . Senate resolution

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  • 11:24:54 AM

    THE PRESIDING OFFICER

    . Senate resolution

  • 11:24:55 AM

    THE CLERK

    seventy three. To come in James Herald English first twenty three years of…

    seventy three. To come in James Herald English first twenty three years of service to the United States Senate. OK . Mr President .

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  • 11:25:04 AM

    MR. BYRD

    Without objection the Senate will proceed to its.

  • 11:25:05 AM

    THE PRESIDING OFFICER

    Senate will proceed to its. Considerations. I thank the chair Mr President…

    Senate will proceed to its. Considerations. I thank the chair Mr President I ask unanimous consent to the following senators be added as co-sponsors of the resolution.

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  • 11:25:10 AM

    MR. BYRD

    to the following senators be added as co-sponsors of the resolution.…

    to the following senators be added as co-sponsors of the resolution. Senator Stevens. LEAHY dash and Stephen. LEAHY And . Without objection and I with I'm with you Senator you.

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  • 11:25:23 AM

    THE PRESIDING OFFICER

    Senator you.

  • 11:25:24 AM

    MR. REID

    Absolutely. I would ask that I my name be added as a co-sponsor and I…

    Absolutely. I would ask that I my name be added as a co-sponsor and I would like my name spread throughout the entire statement.

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  • 11:25:26 AM

    MR. BYRD

    added as a co-sponsor and I would like my name spread throughout the…

    added as a co-sponsor and I would like my name spread throughout the entire statement. Of the center from West Virginia. Jim English as a. Is a great public servant and has been a good friend of mine. Thank you and Mr Without objection.

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  • 11:25:39 AM

    MR. BYRD

    When I ask that yet resolution be agreed to that the motion to reconsider…

    When I ask that yet resolution be agreed to that the motion to reconsider be laid on the table that any statements relating.

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  • 11:25:40 AM

    THE PRESIDING OFFICER

    yet resolution be agreed to that the motion to reconsider be laid on the…

    yet resolution be agreed to that the motion to reconsider be laid on the table that any statements relating.

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  • 11:25:41 AM

    MR. BYRD

    agreed to that the motion to reconsider be laid on the table that any…

    agreed to that the motion to reconsider be laid on the table that any statements relating. There are to be placed in the record. At the appropriate place as if read with no intervening. Action or debate. Without objection sword . And the preamble is agreed to was president. I know there is no need to move to reconsider .

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  • 11:26:02 AM

    MR. BYRD

    is no need to move to reconsider . This president. The clerk will report.

  • 11:26:08 AM

    MR. REID

    report.

  • 11:26:09 AM

    THE PRESIDING OFFICER

    S. Three fifty. You can count the number nineteen . Yes Three fifty. A…

    S. Three fifty. You can count the number nineteen . Yes Three fifty. A bill to

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  • 11:26:15 AM

    THE CLERK

    fifty. A bill to amend a comprehensive environmental response compensation…

    fifty. A bill to amend a comprehensive environmental response compensation and Liability Act of one thousand eight . From the cleanup and reuse of brown fields and so forth and for other purposes . President and Senator from Nevada.

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  • 11:26:28 AM

    MR. REID

    Senator from Nevada.

  • 11:26:29 AM

    THE PRESIDING OFFICER

    If I could ask they my friend the chairman of the committee to yield just…

    If I could ask they my friend the chairman of the committee to yield just for a brief minute I know that I have the floor but that he's entitled for his present we have one two three four five six seven eight nine senators who wish to speak on this legislation there may be some others. Come at a subsequent time . And warning of my friend from New Hampshire . Would allow us to give a rough idea of when people should be here. I know that the senator from Oklahoma a valuable member of the Committee wishes to speak before. Or the chairman of the committee and I have no problem with that. So I'm wondering how long does a centerfold almost history of. Five and five minutes. Following that . Mr President

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  • 11:27:13 AM

    MR. INHOFE

    I'm wondering if we could have . You know

  • 11:27:15 AM

    MR. REID

    . You know his consent. That the senator from New Hampshire speak for up…

    . You know his consent. That the senator from New Hampshire speak for up to twenty minutes. Senator from Nevada. Senator Reid. Fifteen minutes. Senator Chafee fifteen minutes. Senator Boxer fifteen minutes. Senator Bond fifteen minutes. Senator Clinton fifteen minutes Senator Craig both fifteen minutes. SON OF COURSE I'M fifteen minutes. That will use. That will use a product . An hour and twenty minutes and still leave time for others who wish to come and I would ask them to change that up to about seven minutes a lecture or a little. Let's say let's make it ten minutes sorry that I'm going to I have I have.

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  • 11:27:55 AM

    MR. REID

    I have failed to listen or. CARPER but will do him . After. After sent a…

    I have failed to listen or. CARPER but will do him . After. After sent a course on for fifteen or an objection .

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  • 11:28:04 AM

    THE PRESIDING OFFICER

    Going on so far as President. Site. I yield. Ten minutes to

  • 11:28:10 AM

    MR. SMITH

    the center of Oklahoma. OK sound from Oklahoma is recognized.

  • 11:28:13 AM

    THE PRESIDING OFFICER

    is recognized. First Mr President like to ask if you noticed is that…

    is recognized. First Mr President like to ask if you noticed is that requests that Daniel would be given for for the just for this day . Because objects

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  • 11:28:17 AM

    MR. INHOFE

    requests that Daniel would be given for for the just for this day .…

    requests that Daniel would be given for for the just for this day . Because objects

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  • 11:28:21 AM

    THE PRESIDING OFFICER

    Mr President why . I was one of

  • 11:28:23 AM

    MR. INHOFE

    President why . I was one of those who opposed S three fifty what it was…

    President why . I was one of those who opposed S three fifty what it was in committee because there are some problems that were there that. We've tried to address we've got a lot of cooperation from the committee in the meantime to address these problems that I think that. Three fifty. Contains provisions which would be a positive first step toward revitalizing brownfields in this country. S three fifty provides developers with moderate. Assurances . For Superfund force cleanups So my concerns over the finality language remain I'm comforted by the remarks. Of the chairman and ranking members of the committee. Cerny new information . That is the information referred to in three S three fifty pertains to information . Of the highest quality objectivity. And weight which is required. Is required after a cleanup has begun . With this language Mr President I think that . I don't think the Debussy's that I was concerned with. Are going to be there if they are will be monitoring it. The scope of the cleanup. Of finality provision is still of concern. The Federal E.P.A. could simply sidestep the bill by using . Rick or other resource conservation recovery act. Or even the Toxic Substances and control act. To force parties to clean up sites . And this is one of the concerns we tried to address during the. The committee and I don't think it's really been addressed to our satisfaction but with least we're going to be in a position to moderate. It's been the argument of supporters of this legislation that the E.P.A. has never over filed. On a brownfields. Site . If the E.P.A. over files a stay clean up. S.. Three fifty now. Requires the E.P.A. to notify Congress . So I wasn't satisfied with just the. The fact that they have not done this in the past as there's always that first time. And will be closely monitored monitoring this to make sure that it. That provision stays in the in the legislation. I still have concerns that businesses will not feel adequately protected and therefore brownfields. May not get cleaned up in the end the developers and businesses will be the judge of S three fifty success or failure so a lot of people forget this and they look at the bureaucracy and say we're going to have all this language in there. But I can assure you Mr President that if we don't have some protection for developers and businesses who are willing to bid on cleanup sites. They're not going to be able to do it. And so it doesn't do any good to pass legislation . And less there is enough confidence in the business community that they will not be abused if they if they bid on these projects. According to the E.P.A.'s figures there are two hundred thousand. Animated primarily from petroleum . This is roughly half of the approximately four hundred fifty thousand brownfields in the United States . During the market I had concerns that by failing to address Congress was neglecting the two hundred plus two hundred thousand plus sites that are petroleum contaminated brownfield sites in this country. And by not addressing the petroleum contaminated sites. In S three fifty Congress was preventing almost half of the brown fields in this country from being cleaned up. And developed. I insisted that Congress must address this issue. I stated that it was not right to allow so many brown fields to remain contaminated in this program. I'm proud to say that today that. Help is on its way for these sites. The Inhofe Amendment which is incorporated into the manager's amendment . Would take a first major step towards cleaning up petroleum contaminated sites . Specifically the in half a minute . A allows relatively low risk brownfield sites contaminated by petroleum or petroleum products. To apply for brownfields revitalization funding . And be authorized fifty million dollars to be used for petroleum sites. By and then . Will allow the large amount of abandoned gas stations and other mildly. Petroleum contaminated sites all across the nation. To be cleaned up and put back into productive use. Finally Mr President I'd still like to work to place a cap on the administrative costs set aside by the federal E.P.A.. A cost cap would ensure this States . And parties seeking to clean up. And redevelop brownfields are getting the vast majority of the funds for brownfields programs. And not just for administrative costs . Now they have informed us that currently they're using approximately sixteen percent . Of brownfields funds appropriated on administrative cost I think this amount is unacceptable . And I would like to be watching very closely to see what there are. What can be done perhaps in the. The appropriations process . Senator Bond and some others can perhaps put in a limit on to try to get this cap on here and avoid excessive and then a straight if their credit cross. Finally over the last several years the Senate Committee on Environment public works has worked very hard on Superfund reform. With S three fifty the committee has decided for now . To address . Only brownfields. Now there are a lot of other problems that are out there that I had in the very beginning he said. Let's don't cherry pick this thing that still dress just failed fields. Let's get into it. And look at retroactive liability look at national and natural resource damages. Joint several liability in some of the abuses that have taken place in this system . And I I feel that. We are now. Have the assurances of enough members . That we're going to go ahead with a more comprehensive program . And address these other problems so Mr President I'd like to thank the chairman and the ranking member. And specifically senators Craig about envoy to vets who are helping me over the issues that were . Of my concern. And also the staff for as many of the many many hours they spent on coming up with. Which was a bill that I think is except . You know the floor. Smith is right outside the door. Is my understanding. I was told that's case. Ready to move

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  • 11:34:30 AM

    MR. REID

    . Mr President. If I could announce based on the prior consent agreement .…

    . Mr President. If I could announce based on the prior consent agreement . Center Smith was speak from eleven forty told twelve o'clock. I will speak from twelve to twelve fifteen center Chafey from twelve fifteen. To twelve thirty. Senator Boxer from twelve thirty to twelve forty five . Senator Bond from twelve forty five to one o'clock Senator Clinton. From one o'clock to one fifteen center Crable. One fifteen to one thirty S and of course on one thirty one forty five. Center Carper from one forty five until two o'clock. And if anyone wants to juggle those around they can contact the members as I've announced the time. That's all we have now is stated . Mr President. Well I'll be happy to sender Smith is on his way to his present I waltz under Smith is on his way I want to express my appreciation to the majority leader. I've been on the floor in the last three days indicating why we didn't go to this. And we're here now . And so I my extend appreciation to Senator Lott. Allowing us to move this very very important piece of legislation . Yet so I think . Something that isn't a long overdue. Years overdue. But it's something that couldn't be more timely. Will clean up half a million. Sites and. Do a lot of good things you'll hear the next couple hours . Which president . Central New Hampshire.

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  • 11:36:17 AM

    THE PRESIDING OFFICER

    President very proud to be here today . To debate the

  • 11:36:20 AM

    MR. SMITH

    . To debate the final passage of the brownfields. Legislation. Known as…

    . To debate the final passage of the brownfields. Legislation. Known as the brownfields revitalization environmental restoration act of two thousand and one . Or S three fifty. That's a bill we worked on for a long long time . Many years actually and. It's exciting to be at this. This point . And to have a piece of bipartisan legislation that. Frankly you know after you finish the debate it's going to pass. That doesn't happen every day. In the Senate and. So it is. It is exciting and I'm proud that. Two thirds of the United States Senate both political parties are co-sponsors. Sixty eight. As a matter of fact to be exact and also that the president supports the bill . And if we can get the cooperation of the House of Representatives I think this will pass quickly. The president will sign it and. We're very excited about that it has this bill has the full. Bipartisan support of all members of the Environment and Public Works Committee. Across the political spectrum . But make no mistake about it in spite of the support that the bill has it hasn't been an easy process. Superfund so-called. Is a very very difficult subject that's an issue that I've worked on and I know Senator Reid as Senator Chafee has and others for many many years . Ever since I began my service in the Congress. I've tried to reform this flawed superfund law . But it just has been a bitter battle with a lot of differences of opinion as to how we do it. Sometimes partisan. And sometimes regional. But basically on Superfund as far as reforming it we've. Other than a few short fixed. Is on certain things such as recyclers and others. We really haven't accomplished very much in the last eleven years . I've always felt that we were in need of a comprehensive Superfund reform to make the program work. I still believe that after we pass the bill that you have a lot to be done. But today we have a chance to do something good . It's not a . It's not a comprehensive Superfund reform and frankly. I'm at the point now where comprehensive Superfund reform is probably not. Not going to happen . And maybe it shouldn't happen. Maybe we should just move forward on a piecemeal basis and do the right. And do the right things . I was pleased to be joined by the committee's ranking member this superfund subcommittee chairman. And it's ranking member senators Reid J.P. and Boxer. I want to commend all of my colleagues who are on the floor now Senators Reid Senator Boxer. Senator Chafee for your leadership. And working tirelessly and in good faith in a bipartisan manner . Without your cooperation and without your help we wouldn't be here today. It's always easy to reach agreement on easy issues. But the difficult issues such as some of the issues we deal with the environment . Are not that easy and you have to work hard. Respect the other sides position and try to come to a compromise . And I think of any there's any positive spin off . For the fifty fifty Senate which we hear so much written about and talk about. It's that we even if we don't want to we have to work together because you're not going to be able to pass anything meaningful . It's going to get happening to a positive going to happen here on the floor. You're not going to pass anything out of committee that's going anywhere on the floor . Unless you . Unless it's bipartisan . So we may not always agree on how to achieve our goals but we do all share the same desire for a safe and healthy environment . For all of our families and for the future . And our future generations. And as I've said many many times. Environment should be about the future. It should not be it shouldn't be about politics of today should be about the future of tomorrow. For our children. Sometimes the decisions we make. We'd like to have immediate results. But we don't get them . It takes time to see the fruits of our labors. And I think you will see that here in this brownfields legislation. When it passes. You will see this process of cleaning up these old abandoned industrial sites . I want to thank President Bush as well and his new. E.P.A. Administrator Christie Todd Whitman for their unwavering support . When they first took office. Life very first meeting with Governor Whitman then Governor Whitman. Now Administrator Whitman she gave me her full support and commitment. On this issue as did the president. President has stated brownfields reform is a top. Environmental priority for his administration it will now pass the Senate . Within the first hundred days. Of that administration . That's a promise made . And a promise kept. Sometimes rare in politics these days. I think the president recognizes what it means for the environment. And I'm proud that the Senate will pass . This priority as I said. And do it today . As former governors both President Bush an Administrator Whitman . Understand the importance of cleaning up these sites. And the president deserves credit for making this a top priority . As do my colleagues in the Senate. I can tell you this without the support of the president. We would not see this legislation . Become law and to his credit President Clinton as well . Was a supporter of the the. Brownfields. Bill . As I said before Mr President it's not been an easy process but it one it is one that we work through . With good faith . And I want to thank all the senators involved for their willingness to work together toward this common goal. It's amazing what can be accomplished sometimes when we set aside the rhetoric and focus on the goal or indeed if we have to do the rhetoric. We have to get finished the rhetoric come on back in and sit down. And let's get focused on getting the job done . Last year. E.P.W. committee was successful in passing good balanced bipartisan legislation including ask you worried restoration and. Clean Beaches. And the most famous of all. The historic Everglades. Restoration which was a prime project of. The senator from Rhode Island. Distinguished. Dad and former colleague and Senator John Chafee . And I made a commitment that after. Senator Chafee. Passing that I would in fact . Get that shepherd that bill through the Senate which we did . And the President Clinton Clinton signed it. And it is now law . And we will see that great. Natural resource. Be restored. Once again. Again. It's going to take time. It's not going to happen tomorrow. We're not going to see the Everglades restored tomorrow but we are going to see it done over a period of ten twenty thirty years. We're not going to see every Brownfield restored the day after we pass the bill . But we are going to see an industrial site after industrial site . Abandoned industrial sites all over America . You're gradually going to see them become green or you're going to see them restored. In a way that . It's become become productive and. Producing tax revenues . In the various communities across . Across our nation. So when you see a . brownfield An old abandoned site and suddenly you see activity on it and people working and cleaning it up. And it's beginning to look nice in your community . You can reference back to this legislation and know that that's why it's being done . Because you say well why do you need a piece of legislation to get it done the answer is very simple under current law . No one will clean them up. And I'm going to get into the reasons for that in a moment . But with ground fields we've proven that we can work together. In cooperation as opposed to confrontation we can accomplish great things . You know in the scheme of things we talk about all the great issues of the day whether it's the. China or I whatever it is that we're talking about. Budget and so forth. Brownfields isn't exactly . Something that gets a lot of glamour. We have a huge debate on something such as the Ashcroft confirmation that gets a lot of publicity . But you know . Down in the trenches these are the kinds of issues that don't get a lot of attention. Maybe the trade press follows and the national press doesn't do much with it. And indeed sometimes not even your local press coverage . But it's important. And it's very important to the communities. Because we're going to be restoring these sites . So I'm I'm hopeful that this effort will set the stage a for more cooperation and be . To get at some more of the the old Superfund was not in a comprehensive way. But just let's just pick a way now let's just try to reform. Various parts of this bill so we don't need. Super fun anymore because we'll be cleaning up. All of these sites . As soon as we can. We've learned that environmental politics delays. Environmental protection . And I want to repeat that. Environmental politics. Delays Environmental Protection the more we argue about things. The longer it takes the lead the longer it takes to get something in place. That's going to in fact. Bring bring this thing to resolution and. That the resolution would be the cleanup. The expedited cleanup of brownfield sites . Is very important to my constituents in New Hampshire . As it is to other. Constituents and others. Other states. But my state. Helped to drive this economy during the industrial age. New Hampshire or the mills along the Merrimack. We have we have more than our share of these lightly can . I am in a good side she's waiting to be turned back into positive assets abandoned railroad. Sites along the railroads or along rivers. Frequently these are the. These are the. Sites that we're talking about. Could be Bradford could be keen could be conquered could be New Ipswich. But this bill will be a monumental benefit with those towns but many towns all over America . This bill was so create opportunities for the development of more facilities. Like the Londonderry . Eco industrial park . Because now. These sites brownfield . Will turn into industrial parks or indeed if they're not parks they may very well be. Parks. As opposed to adust real parks for business . And they all can also could be. Parks . As we know them as green areas as well . And again this bill provides. Help in that regard. If you take an abandoned industrial site and convert it to a good commercial site . That produces revenues for the community . Inhance is the community in a beautification way . It produces revenue. It puts people to work. It's a win win win . And prefer the more it takes the pressure off of green space we won't go outside of Frankfurt Kentucky somewhere and bulldoze off ten acres of land to build an industrial park if we've got ten acres of an abandoned Brown. Brownfield site. That we can bring back and revitalize and use again. So that's the that's the beauty of . Of the legislation . I'm proud that it will help. Communities all across the nation. We estimate as many as five hundred or five hundred thousand. Brownfield sites across America. And you're going to see that you're going to see activity now on these sites. Just a little brief background on the bill . On March eighth our committee the environment Public Works Committee reported S three fifty. The brownfields revitalization environmental restoration act of two thousand and one . And there were a few dissenting votes at the markup but we were . With those individuals who had concerns . And the members . Now been able to reconcile those differences. And as far as I know we have a totally united front. Again that's a tribute to every member of that committee both sides. Tribute to the staffs of those members. For working hard to address their concerns to come out with a with a totally. Unified effort. On a bipartisan bill . This is a strong bill. And it deserves the for the support of the full Senate not only the sixty eight. Co-sponsors but the other thirty two of us out there as well . How is three fifty better than current law that's really the issue because current law is what it is and we're not cleaning up the site so how do we improve it. Simply stated. Our bill provides an element of finality. That does not exist today in current law . While allowing for federal involvement under specific conditions. Current law allows E.P.A. to act whenever there is a release. Or threaten release. Again. Current law allows E.P.A. to act. Whenever there is a release or threaten release . But this bill . Changes that requirement ups the ante a little bit . And it provides for things one. E.P.A. has to find quote that the release or threaten release present and imminent and substantial and dangerous . To public health welfare or the environment. And after taking into consideration response activities. Already taken additional response actions are likely to be necessary to address prevent limit or mitigate the release or threaten release. So we . We make it. We put some conditions on there. For the E.P.A.'s findings. We also find that the action. Should come at the request of the state. If you need to come back in. It's Thirdly the contamination may have migrated across the state line . Or fourthly there may be new information emerged after the cleanup. They reside. Results. In the site . Presenting a threat. This is not all or Bill does it . Also authorizes two hundred million dollars in critically needed funds to assess and clean up brownfield sites as well as fifty billion to assist. State clean up programs . This is more than double the level of funding . Currently expended on the E.P.A.. Brownfield program. But I also want to point out that this isn't about . Only federal dollars the federal dollars that two hundred million dollars . We're talking about here is nowhere near enough money to clean up five hundred thousand brownfield sites. What this does is limits the liability and makes. Closer the finale. In clean up. So that we can now get contractors. To go on these sites . They can get the insurance they can take the risk. And they're not going to be held accountable for . If a hotspot or some other problem occurs. Several years down the road that was not their fault. That's been the problem today. They can't do it because they will be held liable so therefore they say well then fine we're not going to go on the site. We're not going to clean it up we're not going to take the risk. So if a contractor now comes onto a site. He's responsible. He does what he's supposed to do it follows the plans as he's supposed to . And he cleans it up . And he does it in good faith and we find something later he is not accountable. And that's why this bill will go so far. Toward moving us in the right direction in getting these sites cleaned up. So. Individuals and towns and property owners will now invest in cleaning up these sites banks will loan money . So it's. There are millions and millions and millions of dollars. Tens of millions if not hundreds of millions. That will be used now. From the private sector. To clean up these sites. Far beyond the two hundred million dollars They were talking about . In this. In this bill. This will promote conservation. Through redevelopment as I said before . To the new green field development. And will help to revitalize our city centers and create jobs in a win. It's a win for the environment a win for the economy. And a win for the nation a win for every state including New Hampshire. And a lot of communities that have those. Those brownfield sites. It's a giant step forward . Mr President we now have a chance to move forward on a piece of legislation that will make significant difference in communities across the nation. The real winners are the people who live near these abandoned sites. Sometimes those are minorities . The renewed urban centers that will see development and jobs report that replace the currently blighted contaminated sites . The local communities that will be revitalized. And the green space will be preserved. It is a win win win win win no matter how you cut it. And. Thanks to the leadership of my colleagues Senators Reid and Boxer and Chafee and all of my colleagues on the committee. We have a chance now to enact for the first time. In all the years that I've been in Congress which is sixteen. The first time to enact meaningful . Brownfields reform. We came out of the gate running. And I hope that the House will follow suit . Because if they do it'll be on the president's desk shortly. And the president could sign this bill before the end of the summer. There are numerous centrists who support as three fifty. And Mr President I would ask unanimous consent that the letters of support that I've received . All of us have received on this bill be included in the record. Jackson . Presby

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  • 11:53:16 AM

    THE PRESIDING OFFICER

    for I close . I want to take a moment

  • 11:53:17 AM

    MR. SMITH

    . I want to take a moment . As we usually do. To recognize some of the…

    . I want to take a moment . As we usually do. To recognize some of the staff who have worked tirelessly on this legislation. It's not been easy and . Sometimes when we go home for the weekend or go up to our states the staffs are here all weekend. Working through these. These issues. But I also want to commend. My own Department of Environmental Services fellow Bryan and Mike winds out there from New Hampshire Department of Environmental service for their tireless work countless. Input into this process. From China. Senator Chafee to office I'm sure they'll want to thank their own members but Senator Chafee's office Ted Michaels. Senator Reid. Lisa. Eggy and Barbara Rogers and Eric Washburn we appreciate all of your help . Sarah borrow from Senator Boxer. Louis Rangel from Senator Inhofe. Katherine Walters from center want to bitch and Gabriel tender from Senator Clinton's staff. And from the E.P.A.. Randy deeds . And and Sven Kaiser . And finally . Last but not least . my Good staff David Conover Chelsea Maxwell. Marty hall and. Jim quaters. A lot of effort . A lot of hard work. In working together and . Of course there are many more who deserve thanks but . Mr President in before I yield to Senator Reid I would ask unanimous consent that Senator Phil Gramm from Texas be added as a co-sponsor of the bill which will get us up to sixty nine. Without the senator from Nevada.

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  • 11:54:52 AM

    THE PRESIDING OFFICER

    I see now as consent and Matthew.

  • 11:54:54 AM

    MR. REID

    Tiny a fellow in Senator payments office be granted the privilege of the…

    Tiny a fellow in Senator payments office be granted the privilege of the floor for the pendency of the debate on the ice three. fifty His present I want to join with my friend from New Hampshire . In

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  • 11:55:05 AM

    THE PRESIDING OFFICER

    from New Hampshire . In

  • 11:55:06 AM

    MR. REID

    . In expressing appreciation to the people who have worked to get this…

    . In expressing appreciation to the people who have worked to get this bill to the point where it is . He's. He has certainly been gracious in extending appreciation to my staff. I think that. Lisa Haig. Barbara lodgers Nick Washburn have done excellent work . But I also like to thank you as he has the hardworking staff. Of the committee. David Conover Chelsea and Maxwell Martin homeless and . Ted Michael of center Chafee's office who has done such an outstanding job working with. Sarah Barth of Senator Boxer's office. Without this . Good staff we would not be to the point where we are. I also want to take just a minute and express my appreciation to the senator from New Hampshire . I work in center in New Hampshire on the. Very volatile . Difficult. Select Committee on am I for one. Intense year we work . In that. That's where I first got to know the senator from New Hampshire. Recognize how strongly he feels about issues. And then I had the good fortune of being able to work with him on the Ethics Committee . We were good. He was the lead. Republican I was a lead Democrat on the committee for I don't know how long it was a long time until he got this. Chairmanship of this committee . And I have found him to be a person who understands the institution. But yet . Understands the importance of people being moral and. Living up to the ethical standards that are important for this institution. I may not always agree with him. On issues . But I agree with him as a person . He is one of the finest people I've ever dealt with. And so I have the utmost respect for him . How he's handled this committee you know I for seventeen days . I was chairman of this committee . The treatment I received . While chairman. While ranking member. Has been outstanding the center Bob Smith is a good person and is somebody the state New Hampshire should be proud of his president . I have spoken on this bill . For three days now . Expressing a desire to have it brought up it's here now not already said I appreciate . Senator Lott bringing it up. I want to also. I've talked about Senator Smith I want to talk about my ranking. The I'm sorry the ranking member of the subcommittee. Who has been response for bringing this forward and that Senator Barbara Boxer sent a box and I came to this house together in one thousand nine hundred two . We have worked together for all these years . I have tremendous admiration for Barbara Boxer. She is someone who believes strongly in the issues . But I have to say that . She's done a great work for this country . On exposing military fraud on military incompetency . But other best work that she has done. In my opinion has been dealing with the environment. And so. As a member of this committee . That I've worked on since I've been in the Senate she's been an outstanding member of the subcommittee she has run it . Very well. An indication of how she's been able to reach out to. Lincoln Chafee who is who is in a very very able member of this committee . I had the good fortune of serving during my time in the Senate with his father and. I can say that John Chafee would be very very proud of Lincoln . For the work that he's done . On this committee. This was. John Chafee's Committee he was the chairman he was ranking member of it and. I can't say more than to say that John Chafee. Would be very proud of his son for the work that he's done on this committee. Mr President this is as sender Smith has indicated an important piece of legislation that has now. Sixty nine code. I don't know what Senator Graham adds to it. But sixty nine and . It was reported out of committee . Mr President by a fifteen to three vote the staff has worked very very hard to make sure that problems that people had with the legislation. Were resolved prior to the floor and most of those have been . That's the reason we're working here now in a specific time agreement. We're going to vote on this matter . Around two o'clock this afternoon . People have worked hard. As members of the Environment and Public Works staff. People work very hard as members of this committee . To get their legislation to the point where we are. I've been extremely impressed Mr President. With the new members of this committee . Center Corps ion center Clinton who worked extremely hard with Senator Carper. To get us to the point where we are there going to come later today . As you know I'm sixteen and a good reaming indicates. And speak on their own behalf . I've said as I said for three days Mr President is there fire . One hundred thousand sites. In Kentucky. In Nevada. All of the country. Waiting to be cleaned up. About six hundred thousand people would be put to work on these projects. It will create. Local revenues of almost two and a half billion dollars . So this bill is an important bill and provides critically needed money to assess and clean up abandoned and under utilized brownfield sites . Which will create jobs increase tax revenues and preserve and create parks and open space. To it encourages clean up and redevelopment . By providing legal protections for innocent parties. Three It provides for funding enhanced my state clean up. Programs. Mispresent the manager's amendment. Before us today does several additional things not in the committee reported Bill . It further clarifies the coordination between the states need to be a. This is something which was an issue in Senate that center Voinovich raised. I told him . Before the full committee would work to resolve his problems. We did that this. The manager Amendment provides clarifications of cities and others can purchase insurance . And brownfield sites also important. Addition to this legislation. It also provides for an additional fifty million dollars per year for grassing abandon sites which are camp contaminated by petroleum. Though some concern that that may not have been covered in the original legislation that has been resolved now . Such as Corner Gas stations mispresent. A lot of times we find people simply stay away from them . And these Corner Gas stations are located in very essential sites. In a downtown area we're trying to revitalize those THIS THIS. Addition in the management will do a great deal to resolve that . And please we're able to work out a vision so that these numerous sites can also be addressed. This was a provision requested by senators in half and Senator Craig. They felt very strongly about this. I'm pleased that we were able to agree that this would also be important. Be an important critical part of this legislation . This amendment also add several provisions so the areas with higher than average incidence of cancer or disease. And sites with disproportionate effect on children will be given special consideration in making grand decisions. This was pushed very strongly. By Senator Clinton. I'm grateful for her input. There are. There are these provisions. Grew out of amendments discussed at the markup of this bill. And were originally sponsored. As I've indicated by Senators Clinton. I also want to add singers Chorus Line and Boxer. But was supported by a broad bipartisan group of members. This amendment also increases. Citizen participation by adding. Citizens the right to request that a site be considered under state program. This is intended to ensure that the beginning of the process States can benefit from . Input from citizens who may be aware of additional sites needing attention . And who can help identify additional reuse. And redevelopment opportunities. All of these changes and carefully considered provide some additional improvements for the bill. Moreover they collectively represent the same delicate balance . As does the underlying bill. We've addressed the different. But often complementary needs of the real estate community. Environmentalist. States mayors and other local government officials. Land Conservation groups. And the communities who are most directly affected by the sites. This bill is a balance. It's unique. It's bipartisan it sets an example we need to do. In the Senate. In the months to come . This. Brownfield legislation is not just an urban problem. It also is very important to rural communities throughout America. For example Mr President . Brownfield money was granted to this. Mineral County . To do a cleanup out there. In our county is a very rural site. That was heavily damaged by. Just at the time naval ammunition dump in the world. It's now run as all. Ammunition dumps are by the army. But there are lots of problems there. We have a two hundred forty acre brownfield site this. Set for cleanup. And we Mr President after it's done. Feel confident the golf course can be built they're creating. For this very rural community. Some added. Recreational put . Recreational activities that are will be permitted there . An existing long program in Las Vegas already been used to fund cleanup an old armory site . Creating jobs . And a very nice. Set up for a senior center a small business incubator a cultural center . And retail stores. I want to see many more such examples of these abandoned. Contaminated lands in a van across country. This bill provides means for accomplices. The chairs has been taken over by. One of the members of the committee . Who is a valuable member of the committee. I've already spoken . On a number of occasions about center Voinovich contribution to this legislation . It's been significant . So as president I would reserve . The balance of my time for some for Senator Torricelli when he comes . And now yield to my friend from Rhode Island who has done such a magnificent job . Working on this legislation. Oh President.

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  • 12:05:23 PM

    MR. CHAFEE

    You don't have the senator from Rhode Island. Thank you Mr President .

  • 12:05:28 PM

    THE PRESIDING OFFICER

    .

  • 12:05:29 PM

    MR. CHAFEE

    I have ten unanimous consent requests for committees to meet during…

    I have ten unanimous consent requests for committees to meet during today's session of the Senate. They have all been approval . They all have the approval of the majority minority leaders . And I ask unanimous consent that these requests be agreed to and block and the request be printed in the record . Of abjection. Thank you Mr President.

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  • 12:05:48 PM

    THE PRESIDING OFFICER

    President.

  • 12:05:49 PM

    MR. CHAFEE

    I'd like to rise today . And voice my strong support as has Senators…

    I'd like to rise today . And voice my strong support as has Senators Smith. Read and Inhofe before me for. S. three fifty the brownfields revitalization environmental restoration act of two thousand and one . This bill has won the support of the Bush administration . Dozens of organizations. And nearly seventy co-sponsors in the Senate. Today the Senate has the opportunity to pass this bipartisan. Pro environment. And pro economic development Bill . Brownfields are the legacy of our nation's . Industrial heritage . As a changing industrial economy. The migration of land use from Bourbon to suburban and rural areas. And our nation's strict liability contamination laws have all contributed to the presence of abandoned . Industrial sites. With more than four hundred fifty thousand. Brownfield sites nationwide. We must begin to reclaim those lands. Clean up our communities. And discontinue the practice of placing new industrial facilities. On open green spaces . As a former Mayor I understand the environmental. Economic and social benefits that can be realized in our communities. From revitalizing brownfields. All the environmental and social benefits may seem obvious . Only a mayor understands the continuing fiscal expense. To our nation's municipalities. The hundreds of thousands of pieces of prime real estate . That have been dropped from the tax rolls. And that kind of this legislation will provide a building block for the revitalization of our communities. Communities whose fortunes sank. With along with the decline of mills and factories. Will once again attract new residents. And hopefully well paying jobs. We will bring vibrant industry back to brownfield sites that currently host. Crime. Mistress. And contamination . There will be parks at sites that now contain more rubble than grass . That would be parks and sites. That also and not on the tax rolls and neighborhoods. Can be reinvigorated new homes can be built and community character. Will be restored S three fifty enjoys. Broad bipartisan support . Not only says. Is it supported by the Bush administration. The bill's predecessor was supported by the Clinton administration. Last session. The bill is strongly supported by the nation's mayors. State elected officials the real estate industry open space advocates. Business groups. And environmental organizations. Rarely do we see these organizations . Come together on the same side of an issue this where full of support is testimony to the bipartisan nature of this legislation . It demonstrates it demonstrates that we can forge sound legislation. And balance the needs of the Inbar of the environment and the economy . If we come to the table with open minds . And good intentions. I'd like to thank the distinguished chairman of the committee Senator Smith. His tireless efforts over a long period of time have certainly paved the way for this legislation. I would also like to extend my appreciation to Senator Reid of Nevada. And Senator Boxer for their commitment to this issue. And the bipartisan process . Which has proven so successful but also like to extend a special prescience into Ted Michaels of my staff . The issues of brownfields have been so discussed for nearly a decade . I was mayor of work my fax machine constantly fed me alerts from the U.S. Conference of Mayors . Seeking my support for brownfields reform . With this why just lation today. We have the opportunity to protect the environment . Strengthen local economies. And revitalize our communities . I urge each of my colleagues to vote in favor of S three fifty. And give each mayor from across the country. The benefit of the full potential of their real estate. Thank you Mr President this president center from California.

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  • 12:09:46 PM

    MRS. BOXER

    Mr President thank you very much . I want to see

  • 12:09:47 PM

    THE PRESIDING OFFICER

    thank you very much . I want to see

  • 12:09:48 PM

    MRS. BOXER

    . I want to see . If I could get his attention for a moment . Senator…

    . I want to see . If I could get his attention for a moment . Senator Chafee . If I could get attention for just a moment. I just wanted to say . Thank you so much for your leadership on this issue it is meant so much. To us to have your support and that of Senator Smith. I am most grateful. I think we have a team here. That is a very good team for the environment when we're together . I think that it's a. It's a real winner because we can reach out to colleagues on both sides of the aisle from the entire spectrum. So I just want to say thank you and as much as I miss your father who I adored. I must say that . It's just wonderful to have you here and. Following in his green footsteps. So thank you very much Senator . Mr President I am here . To say that this bill. The brownfields revitalization and environmental restoration act is a tremendously important issue for this country and for my constituents . And I truly believe if we look around the country. It is an extremely important issue. Everyone. Why is this . Because we have so many acres and acres of land . Around the country. That have been contaminated with low level hazardous waste . They don't fit the definition of a Superfund site . But they're expensive to clean up . And local communities . Really do need our help. I want to show you examples of successful. Brownfield restoration. This is a site . In Emeryville California. That hosted a steel manufacturing plant for over one hundred years . In the early one nine hundred ninety S. it was shut down . The buildings were demolished . And the area. Is left empty and desolate you could see here. What a horrible eyesore. It was to the community and by the way this site is along a major freeway so . Everyone saw it and it gave the impression of a community that was simply going down hill and. The next picture I'll show you is what happened to it. When the state got together with the Ikea company and worked together to clean up the site in one nine hundred ninety seven. The state came to this agreement with the original owners of the site and with IKEA. To restore and redevelop. The area and . Now the site host two hundred eighty thousand square feet. Of commercial. Retail space . And the project created three hundred new jobs permanent jobs for the community . And now the site. Generates roughly seventy million dollars in annual sales . So you know there aren't too many things around here that we can do. That have such clear cut benefits . You clean up the environment . You make an area much nicer to look at . And then you can develop it and bring jobs to this site. So if anyone questions . The need for this brownfields legislation I would welcome you to again . Look at this before and after here it is after . And here it is before. It's a pretty clear picture . I am so proud of the bipartisan cooperation that occurred in getting the bill through the Environment and Public Works Committee . Of the broad support from a variety of diverse interests as well as the co-sponsorship of over sixty senators . Is a good indication that the time has come to pass this . Legislation and I understand that even our colleagues who had problems with the bill. Are now support for supporting it and this is. I think a tribute to them for being open minded about it and to our chairman and our ranking member Harry Reid. Really working with our colleagues. I want to talk a little bit about the state of brownfields in my home state of California the largest state in the union. Thirty four million people in the economy of my state . Would be considered the sixth largest economy in the world. So it seems to me that whenever there are problems in the country of course we have more of those problems in my state and when good things are happening. We have more of the good things . Well this is one of the problems so let's talk about it. There are estimated to be hundreds if not thousands of brownfield sites in California. Heard. Nationwide estimates of four hundred thousand to six hundred thousand brand feel sites . We have thousands of sites . In California because some industries. Have left the state with a dangerous legacy of contamination . This will serve as a catalyst for cleanup . Because it provides funding for grants and revolving loan funds to assist our local communities and our tribal governments. To do the assessments first in other words what is the problem. What is going on. What is it going to cost to clean it up . And how is the bit . How is the best way to clean it up . This bill fills a gap as I said before . Superfund sites and. We really didn't have a way to approach. The less hassle Besides I want to talk about how happy I am . That this bill in my proposal to protect children under three fifty. Funding will be prioritized for brownfields that disproportionately impact the health of children . Pregnant women . Or other vulnerable populations like the elderly. This is very important. Why do I say that because children are not small adults. I have said this often. I am a small adult . But children are not small adults. And they are more sensitive than adults to the health threats posed by hazardous waste . Even the kinds we call. Low level. Why because their bodies are changing and they're developing. Healthy adults can tolerate . Higher levels of pollutants than children . Of this. The bill ensures that children and others who are particularly vulnerable . Will be given special priority for funding under this bill. So we're going to look at these sites where children were children go where the elderly go where people who are vulnerable . Those sites will be priority sites. The bill also gives priority to clean ups. In low income and minority communities . Because unfortunately . We have seen a lot of environmental . Injustice in this country where brownfield sites are disproportionately located in low income minority communities. Certainly in places like Oakland Los Angeles and Sacramento. So we have a situation where the brand feels are most prevalent in communities that are least able to deal with them . And the more brownfield sites that are in a community. The lower the chance that a community can improve its economic plight. It is a horrible. Cycle of poverty. Let's take the side. If this was in a very low income community. And no one had the resources and a company like Ikea who eventually came to this site . Didn't want to go to the site . Because there was no one to go to the store. You would have a situation where this could sit vacant . For years and years and years and. Contributes to this cycle. You can never get out of the cycle. So by saying that this kind of a situation. In a low income community would be a priority . We will give an economic stimulus . To those communities and I'm very very pleased about that and the last issue that. I felt very strongly about . Was the issue of . Sites that were contaminated . Because there was illegal manufacture of controlled substance there. Now this may sound very odd So let me explain what I mean . In California. We have a terrible problem. From the production of methamphetamine . Turns out that this . Dangerous drug is not only illegal. Does not only just. Droid people just drawing people but the. Byproduct of methamphetamine production is a toxic stew . Of live. High acid red phosphorous. And these elements threaten the groundwater and the agricultural lands. Of the Central Valley . And elsewhere in California where these secret method are cited. I want to show you a picture of one. Abandoned. Lab where you can see . These tanks. Is that what you call these tanks. Containers of . All the chemicals that were left on the site and. There's another picture of a. Abandoned meth site. And you can see what it looks like . What a disaster it is. When these criminals . Leave. And then suddenly. The AG. Owners of the land who had no idea this was happening . Are left with this horrible contamination . We were able to include relief for these. For these farmers and I want to talk about that in a minute . And I want to take a moment to talk more about these meth and Phantom in labs in California alone there were two hundred seventy seven . Secret drug labs. That were raided in one nine hundred ninety two hundred seventy seven. In one thousand nine hundred ninety eight . They were over a thousand of these secret . Clandestine drug labs . And the state is doing its best to address the meth problem as well as the larger brownfields problem and I. And they're trying to do it but it's very hard to do it alone . You have to have everyone helping. And so this bill will provide invaluable assistance for the cleanup of meth sites . And other brown fields which is another reason I'm such a strong supporter of . Of the. Bill . This bill includes liability relief for innocent parties these innocent parties. Are people who are interested in cleaning up the brownfields site. But they're afraid to get involved because they may become a libel for somebody else's mess . And our bill makes it clear that innocent parties will not be held liable under Superfund. For the work they do on a brand feel site . And this provision alone. Should help reduce the fear of developers and real estate interest. And it should lead to more clean ups. And this provision . Is certainly a strong reason that a variety of business and real estate interests are strong supporters of the bill. They want to come in they want to clean up the site. But they don't want to. Now become . Held. For the past problems . And then be hauled into court . On a superfund case . However I do believe very strongly that the polluter must pay . And our bill does not protect people who are responsible for cleanup under Superfund or any other statute. If you make a mess. If you just spoil the environment. You still will be held responsible for cleaning it up . So we maintain the polluter pays principle that underpins many of our. Hazardous Waste . I also want to mention that the committee considered and rejected efforts to waive the application of other statutes like . And taska. To these brownfield sites. It was too complicated to try to amend other statutes . And I really appreciate the fact that our foursome stick to this stuff together during these amendments . Because I think it would have opened up a can of worms. What we did was we kept this narrow. We kept it on the issue of brownfields. We kept Addicks trainees issues and again I want to thank my colleagues on both sides of the aisle for their cooperation on that. Our bill encourages states to take the lead on brownfield sites . And it does set some limitations on E.P.A.'s enforcement authority under Superfund for sites covered by this bill. We feel again this was important in gaining. Strong support I'm comfortable with this feature . Because there are a number of safeguards that ensure that a secure federal safety net remains. These safeguards are an essential part of the compromise that's the heart of the bill . Sure that E.P.A. can apply its full Superfund enforcement authority under a variety of circumstances . Most important to me and it was a tough debate that we had was the guarantee. Could intervene if a site . Threatens. To cause immediate and substantial endangerment. To the public's health or welfare or to the environment I believe this language guarantees that if a state's oversight of a clean up. Fails to protect our citizens . Or our environment. The federal government can intervene. So we're clear that. We want the state to be responsible but if there's a problem . Which will result in an immediate threat to people's health. The E.P.A. can come in I think it was a careful balance . That went into crafting that provision Israel was as well as the rest of the of the of the bill . Together I believe we produced a sensible and a balanced bill that will help encourage the recycling of brownfield sites that now sit on used around the nation in closing . One more time I want to show our success story . That happened in reveal . So first let's show the before picture. One more time . This is what we're talking about folks. Sites that look like this . Sites that are harmful people don't want to go on them people are afraid of them. There's no economic development in the middle of our urban areas. And then. When we get together and work together . We can bring in business communities to the site . And we can start to see people use the site again . The site. Will bring in revenues. I want to thank my colleagues so much for all their hard work. And I would yield the floor . Just printer from New Hampshire . I ask unanimous

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  • 12:25:34 PM

    THE PRESIDING OFFICER

    consent to call up the manager's amendment.

  • 12:25:36 PM

    MR. SMITH

    manager's amendment. That's three fifty which is at the desk . Without…

    manager's amendment. That's three fifty which is at the desk . Without objection

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  • 12:25:41 PM

    THE PRESIDING OFFICER

    the third or fourth . Sam

  • 12:25:43 PM

    THE CLERK

    from New Hampshire Mr Smith proposes an amendment number three fifty S…

    from New Hampshire Mr Smith proposes an amendment number three fifty S unanimous consent to for the reading be suspended.

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  • 12:25:44 PM

    THE CLERK

    Smith proposes an amendment number three fifty S unanimous consent to for…

    Smith proposes an amendment number three fifty S unanimous consent to for the reading be suspended.

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  • 12:25:49 PM

    MR. SMITH

    suspended. Objection.

  • 12:25:52 PM

    THE PRESIDING OFFICER

    Center from Idaho . Thank you Mr President . I request permission to speak…

    Center from Idaho . Thank you Mr President . I request permission to speak on the bill.

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  • 12:26:00 PM

    MR. CRAPO

    the bill. Senator has fifteen minutes.

  • 12:26:04 PM

    THE PRESIDING OFFICER

    Thank you very much Mr President I appreciate the opportunity to speak…

    Thank you very much Mr President I appreciate the opportunity to speak today on . S three

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  • 12:26:05 PM

    MR. CRAPO

    I appreciate the opportunity to speak today on . S three fifty the…

    I appreciate the opportunity to speak today on . S three fifty the Senate's Superfund brownfields legislation as. Most of those working on this issue know I've been working on . Comprehensive superfan reform. Essentially ever since I got elected to Congress about a half years ago. This is a very difficult issue . And in my opinion. We would be best served if we had comprehensive superfan reform of the entire Superfund statute. But given the political dynamics we face in the country and in the Congress today . It was evident that we are able to achieve a comprehensive bill at this point in time . And so the decision was made to move ahead with brownfields legislation this year . That was a decision that I fought against last year but agreed to support this year . To see if we could move ahead and achieve some of the objectives that have already been so . Well explained. With regard to this legislation. Brownfields legislation is badly needed in this country . As we try to reform some and clean up some of the areas that have been discussed and pointed out by other senators who've already talked . One of the concerns that many of us had however was that if we do a brown fields bill . We need to do a brownfields bill that truly works . And not simply create another approach to the issue that runs into the same problems that we've dealt with under the Superfund statute for so many years . In other words we need to make it so that the effort to reclaim these areas and. And make them green again. Is not a failure. And that we don't simply pass legislation that creates another set of difficult burden some approaches to the issue. To effectively encourage more brownfields redevelopment programs. We've got to provide the necessary resources . Give the states the management and oversight responsibility within their borders. And ensure that developers are confident that their involvement will be truly welcomed. And that they will not simply pick up the liabilities . That already face those who own the brownfields and. Work on the brownfields property. All this has to be done in conjunction with the assurance that the public health and the environment. Are being adequately protected . In that context as the Senate. Environment and Public Works Committee . Handled this issue a number of us had concerns that we hadn't yet achieved those objectives as well as we could . And I want to come to commend the managers of this bill for working so well with us . To try to address those issues . In the interim since the bill was sent out of committee and now being considered on the floor. Because we do have a manager's amendment that addresses a number of those concerns that make it possible for those of us who had problems with the way that the bill was originally drafted. To be able to work with and support the bill at this point. The Senate has held many hearings on this legislation . And a number of us have worked on this measure for many years. But let me talk about a couple of. the The elements of progress that have been made since the bill was sent out of committee and as we now move forward with the manager's amendment . I'm very pleased that we were successful in making these improvements to the first issue relates to state finality . And for those who are concerned with the issue what we're talking about here is a policy decision that says that the state governments should be the ones that handle the management of the brownfields legislation . Instead of having a a national federally led. And many of us believe. Dictating driven decision making process. We wanted to put together a system in which each individual state. Add the ability to interpret and to implement the brownfields legislation with the decisions going on in their own states . Many of us felt that. State management and control. Would result in much better decision making at just as we would see it at the state and local level than we would have . If the decision making were driven from the federal level . It's a case of. Of the locals . State and local people having a much better understanding of the needs in their community than those who are distant and . Distant decision makers. Not having the ability and understanding to truly address the issues as best they could . We needed to achieve that by still making sure that the environmental objectives were in place . And I believe that that the a manager's amendment gives us an important stride forward in this effort . As the senator from California who just spoke indicated. One of the protections that was built into this bill was the provision that if. As the state moves forward and. Imminent and substantial in danger ment is found. To the environment or the public health. Then the federal government through the E.P.A.. Can step in and take some remedial actions. But short of that. Imminent and substantial. Endangerment. That is the state's responsibility for action. One of the concerns that was debated in the committee was whether we had it adequately clarified. Enough to make it clear that the E.P.A. or the federal administrators. Could not simply use any excuse they wanted . In order to claim an imminent and substantial endangerment . And had to truly work with the states . And step in at the federal level only in those extreme cases in which it was clear that the state either did not have the resources. Or was not willing to implement the law . And I believe that's where we have reached the compromise language that is included in the bill says that. Imminent and substantial in danger Mint must be found by the federal government before you can step in and supersede a state's actions . Which is the end. Of all of us who have been working on this legislation . That gives the states truly an opportunity for to have finality. To their decisions about how to implement this law. Second I'm pleased that our efforts working with the managers of the bill were successful in nearly doubling the number of eligible brownfield sites under the program. By expanding the bill's coverage. This improvement alone will help make this program a reality for many more communities around the country . In appreciation for the manager's efforts to improve this original bill I intend to support the manager's amendment today. And to support the bill with the amendment in place. Mr President I know that there is still a lot of debate about whether we have made enough improvement in the legislation or whether we have made the bill. Good enough. And the other body is going to be working on its proposal. And there will still be the effort to work with the administration as the president . The house . And the Senate. All work together to craft a brownfields bill that will ultimately be signed into law . And I look forward to working with all of them to make sure that even further improvements and changes to the legislation can be made as we move through the legislative process . This effort today is a very strong effort and I think a very good effort to move forward on broad meaningful brownfields legislation . With the manager's amendment as I said . And after improvements have been made that those of us who had concerns of the committee level . I think Will. Most mostly if not all of us will be able to support the bill today . We will continue to work with the House and with the president. And with the managers of the bill here in the Senate. To see that we can make even additional improvements to the legislation as it moves forward in the legislative process. I think that it's an important first step that we're taking today . But should be recognized as such as an important . But first step. With that Mr President I conclude my remarks . I yield back my remaining time. OK OK OK . Yes absence form.

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  • 12:33:32 PM

    MR. REID

    Clerk will take to roll star Kaka Mr Howard K..

  • 12:33:35 PM

    THE PRESIDING OFFICER

    star Kaka Mr Howard K.. President. I asked the games which said that the…

    star Kaka Mr Howard K.. President. I asked the games which said that the call quorum was to dispense with not objections center from the house recognized.

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  • 12:38:32 PM

    MR. VOINOVICH

    dispense with not objections center from the house recognized.

  • 12:38:36 PM

    THE PRESIDING OFFICER

    Mr President I rise today in support of the Senate three fifty . And the

  • 12:38:38 PM

    MR. VOINOVICH

    rise today in support of the Senate three fifty . And the brownfields…

    rise today in support of the Senate three fifty . And the brownfields revitalization. And environmental restoration act. To withhold it's my understanding that. The senator

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  • 12:38:49 PM

    THE PRESIDING OFFICER

    from Ohio is going to use the time of the senator from Missouri Senator…

    from Ohio is going to use the time of the senator from Missouri Senator Bond under the Consider Greenman is that if that's my understanding yes that is without objection centers proceed.

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  • 12:39:00 PM

    MR. VOINOVICH

    proceed. This legislation.

  • 12:39:03 PM

    THE PRESIDING OFFICER

    legislation. Will provide incentives to clean up abandoned industrial…

    legislation. Will provide incentives to clean up abandoned industrial sites or brownfields across the country . And put

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  • 12:39:05 PM

    MR. VOINOVICH

    incentives to clean up abandoned industrial sites or brownfields across…

    incentives to clean up abandoned industrial sites or brownfields across the country . And put them back into productive use and preserve our green spaces . I'd like to congratulate the ranking member of the committee and the chairman of the committee Senator Chafee. And Senator Smith . And all the other members of the committee that have come together to put this piece of legislation . Together. Revitalizing our urban areas has been an issue I've been passionate about for many years . As former mayor of Cleveland I experienced firsthand the difficulties that cities face . In redeveloping. These sites for reuse . I've been working on brown fields issues. At the national level. Since I became governor of Ohio. Way back in one nine hundred ninety and through my involvement with the National Governors Association and the Republican Governors Association . For more than a decade I've worked closely with congressional leaders including. Congressman Mike Oxley of Ohio . And the Senate. And the late Senator John Chafee . To develop legislation that would do many of the same things that this bill does . When the Environment and Public Works Committee considered this legislation in March I voted to report the bill out of committee. After getting a commitment from the presiding officer today Senator Reid. That he would be willing to work with me on some concerns I had regarding specific bill language during the committee markup of Senate three fifty I introduced an amendment seeking to strengthen the state finality provisions in the legislation. Based on the commitment I received from Senator Reid I ultimately withdrew. My amendment. In my view . We need to create more certainty. In the brownfields clean up process . Parties that clean up nine Superfund sites under state clean up laws need certainty about the rules that . Applied to them. Particularly that their actions terminate the risk of future liability. Under the federal Superfund program . Last Congress I introduced legislation supported by the National Governors Association and the National Council of State Legislators. Which would do that by allowing states to release parties that have cleaned up sites under state laws. And programs . From federal liability. I believe it's important that we build upon the success of state programs . By providing even more incentive to clean up brownfield sites in order to provide better protection for the health and safety of our citizens. And improve substantially . The environment. What we don't need are delays caused by the U.S. E.P.A.'s. Second guessing. Of state decisions. A good example of second guessing occurred. In my own. state One company T.R.W. completed to clean up its site. In Minerva Ohio. Under Ohio law enforcement program in one nine hundred eighty six. Despite these cleanup efforts the US the P.A. placed the site . On the N.P.L. is an eighty nine . However after listing the site. The U.S. E.P.A. took no aggressive steps. For additional clean limbed cleanup. And it remained untouched for years and to enhance encourage further cleanup efforts my state. Has implemented a private sector based program. To clean up brownfield sites. When I was governor of Ohio E.P.A. Republicans and Democrats in the General Assembly and I worked hard to implement a program that we believe works for Ohio. Our program is already successful in improving Ohio's environment. And our economy . Recycling. Acres and acres of waste land. Particularly in urban areas . In almost twenty years under the federal Superfund program the U.S. E.P.A. has only cleaned up . Eighteen sites in Ohio. Just eighteen . In contrast approximately seventy sites have been cleaned up are under Ohio's voluntary program . In the last six years. And many more clean ups are underway. States clearly. Have been the innovators in developing voluntary clean up programs. And Ohio's program has been very successful in getting clean ups done more quickly and cost effectively. For example the first clean up conducted under our program. The caster products facility near Canton Ohio. Was asked and made to cost. Two million dollars . And to take three to five years to complete . If it had been cleaned up under Superfund. However under Ohio's voluntary program. The cost was six hundred thousand dollars. And took six months to complete these cleanups are good for the environment. And they're good for the economy . And states are leading the way in cleaning up sites more efficiently and cost effectively. According to state solid waste management officials state averages. States average. More than fourteen hundred cleanups per year. And they're addressing . Approximately four thousand sites all over the United States of America. I pleased that the bill we're considering today does not require. The U.S. Environmental Protection Agency to pre-approve state laws and programs. State Brownfield programs address sites that are not. On the national priorities list. And where the federal government has played little or no role. Mr President Ohio and other states have been very successful. They clean up sites. More efficiently . And cost effectively. I work closely in with you and with other members to protect these state programs . The manager's amendment is the result of that hard work . While I was still like to see more protection and certainly. Uncertainty for state programs. I do not believe that we should delay the improvements to the current programs that you. In this bill. But our states are doing is helping to recycle our urban wastelands. Prevent urban sprawl. And preserve our farm land . And green spaces . I think so often people forget about the fact that we have these. Acres of waste land . In many of our urban areas in this country in even smaller areas. That unless it's cleaned up. Will force more taking of green space and. In our respective states . When our states are doing . As I say. Is to help. Recycle. Those wastelands. These programs are cleaning up industrial eyesores in our cities and making them more desirable places to live. As another aspect of that is cleaning up the site says the senator from California eloquently spoke to with her pictures of cleaning up those sites and what happens in terms of the community after they've been done. Because we're putting a bad insights back into productive use . They're a key element in providing . Economic worry . Rebirth to many urban areas and good paying jobs to local residents that's another side of this that we don't think about . Here we have federal programs welfare reform. Training programs and so forth. For urban areas trying to help people get off welfare and become productive citizens and. In far too many cases in the United States because we haven't recycled the urban wasteland. The jobs are developed in the outlying areas where many of our inner city residents are unable to take advantage of those jobs so this is a wonderful bill . In so many respects . It makes sense for our environment and makes sense for our economy. And therefore I'm pleased that the Senate is considering this Build a day and urge both the House and Senate to come to a proper agreement on final version of this legislation . So that we can provide a cleaner environment for cities across the America. Thank you Mr Chairman. Because the president I suggest. The absence of a quorum clerk will call or old Mr King.

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  • 12:46:49 PM

    THE PRESIDING OFFICER

    Mr King. After Mr Howard . OK . OK. Mr President I rise in support of.…

    Mr King. After Mr Howard . OK . OK. Mr President I rise in support of. That there's a quorum call it thank you Mr President . And you know we are still

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  • 12:50:10 PM

    MRS. CLINTON

    quorum call it thank you Mr President . And you know we are still

  • 12:50:11 PM

    THE PRESIDING OFFICER

    it thank you Mr President . And you know we are still

  • 12:50:13 PM

    MRS. CLINTON

    in a quorum I preach at that. I rise in support of this very important…

    in a quorum I preach at that. I rise in support of this very important legislation to put to work with Mr President can we call off the core employees . Without objection . And chatter from New York. Thank you.

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  • 12:50:29 PM

    THE PRESIDING OFFICER

    So you're trying to run from one place to the next.

  • 12:50:31 PM

    MRS. CLINTON

    So you're trying to run from one place to the next. But this is so…

    So you're trying to run from one place to the next. But this is so important and I'm so pleased to be here in support of this. Important legislation to provide states and local communities . With the tools and the resources they need to clean up and reuse polluted industrial part properties . Turning them from. Eyesores into opportunities and leveraging. Literally billions of dollars in economic benefits. You know the brownfields legislation we're voting on today asked three fifty. The Brownfield revitalization . And environmental restoration act of two thousand and one . Represents the ultimate form of recycling. It is the recycling of one of our most precious and. Scarce natural resources namely our land. Our environmental resources like our financial resources are not limitless. The clean up and reuse of brownfield sites allows businesses and developers to use existing infrastructure . So that we can reduce sprawl and preserve our precious green space and farmland. At the same time . It provides an opportunity to energize local economies and create new jobs. That's why I'm pleased to be an original co-sponsor of S three fifty the brownfield revitalization and environmental restoration act of two thousand and one . An Act which as the president knows so well enjoys broad bipartisan support of a majority of the Senate as well . As of the administration. A diversity of state and local government organizations business interests. And environmental advocacy groups. S three fifty is an important step in building on the proven success of existing brownfields efforts. The bill authorizes the establishment of a flexible program to provide grants and loans to state tribal and local governments and nonprofit organizations to assess. Safely clean up. And reuse brownfields. It includes important provisions that promote assistance for small low income communities as well as supporting efforts to create or preserve open space. And furthering participation by the public. And clean up decisions . The bill provides appropriate. Liability relief for innocent parties that want to clean up and reuse brownfield sites. While maintaining the necessary federal safety net. To address. Serious cleanup issues. Last week I was delighted to learn that. The E.P.A. was making grants for additional brownfields funding for Utica New York . I remember the first time I visited. Downtown Utica and saw all of those old mill and factory buildings. Which already were tied in with existing utilities that provided an excellent opportunity for remediation that could be then followed by immediate redevelopment. Only to be told that because they were built on. Old industrial sides because the manufacturing processes that occurred in them . In the nineteenth and twentieth centuries . You know involved dangerous chemicals and. Other contaminants that these were brownfield sites. Right in the middle of downtown Utica . And that in fact it was very expensive too expensive for private developers and. The local community to clean up those brown fields . And I'm delighted that. Utica and places like it around New York including . Albany and Chautauqua County. And a village of have are straw men. Rockland County also received brownfields funding. We've seen the benefits of brownfields clean up and revitalization throughout New York from Buffalo to Glen Cove and . All the places in between. I stood on the shore at Glen Cove one of the most beautiful communities . On the north shore of Long Island and. Could see the effects of brownfield cleanups that are going to turn what had been a. Contaminated waste area into a place that can be part of waterfront redevelopment. To date over twenty communities across New York have received assistance through E.P.A.'s existing brownfields program . And it's my hope and belief that there will be many more when we finish this legislation which will more than double the resources. Currently available for brownfields. Clean up across our country. Now I know that this bill strikes a delicate balance. There are compromises and trade offs that are in it. But I really appreciate the hard work of the committee in a bipartisan fashion to move this legislation forward. And I would like to take this opportunity to thank the leadership of the Environment and Public Works Committee on which I'm honored to serve . Particularly our chairman Senator Smith and our ranking member Senator Reed and the two senators who really pushed this legislation forward because of their respective. Chairing and ranking positions on a subcommittee. Namely Senators Chafee and Boxer . And I also want to thank the staffs including my staff. But all of the staff of the committee staff and the individual staffs of the senators who work so quickly and diligently to move this legislation to the floor today . The manager's amendment includes a number of significant provisions. And I again. Applaud and thank everyone who was part of this process and I'm grateful that two of the manager's amendments that I personally sponsored . Will be part of this. Legislation . One provision. Will help us focus the delivery of brownfields assistance to communities that are experiencing a higher than normal incidence of diseases such as cancer asthma or birth defects. Now two weeks ago I was very fortunate and honored to go with my friend. The senator from Nevada Harry Reid. To Fallon Nevada where we held a hearing on a cancer cluster. It's a lovely community . Fifty sixty miles from Reno and. It's a small community. Maybe twenty eight thirty thousand people at most. In a sparsely populated county . They've had twelve cases . Of leukemia and lymphoma. Leukemia among children in the last two years . Clearly it's a cancer cluster we don't know what's causing it. But many believe and . Much of the testimony we heard certainly suggests that this. Rate of cancer in this kind of a cluster could be linked with exposure to hazardous substances. The important provision we've added to this bill will offer assistance to communities. Already burdened with severe health problems. To help them clean up the. Polluted sites that may contribute to these problems and we're going to have to do a lot more and I will be working with Senator Reid. Under his leadership . To think about what else we can do to try to address environmental health issues. We certainly have more than our share in New York and I'm hoping that. In the future we'll have a hearing in New York perhaps on Long Island to talk about the cancer clusters we have asthma clusters we have diabetes clusters we need to figure out what it is we're doing or could stop doing or how we can clean up whatever might be associated now under arrest three fifty states that receive brownfields funding must survey and inventory sites in the state. And I was concerned that there might be sites that would be overlooked in communities that are smaller sparsely populated like. Fallon or low income or mine or. Pretty like those in New York City . And I'm pleased that in this provision in the manager's amendment . We will be able to include public participation . So that individuals can request that a nearby brownfield site. Is assessed under a state program. States would maintain discretion and flexibility to set up this process however they best see fit. But concerned citizens would not be shut out of the process they could participate and ask that their particular brownfield site be given some attention and perhaps even expedited cleanup because of the impact on their local community . Now in every corner of our country there are abandoned. Blighted areas that. Used to be the engines of the industrial economy or served in our national defense you know we were privileged to hear testimony from the . Admiral who runs the naval air base that trains the top gun pilots outside of Fallon. And you know they use a lot of jet fuel . They have to burn it. They sometimes have to drop it in their flight. And they were very willing to come forward and talk about what the defense industry . Can do to help us in this area . Because many of the places that are suffering from brownfields were in the forefront of creating the strong economy. And the strong national defense system that we enjoy today . And I think we have to pay attention to the needs of these communities. So I thank all who have made it possible for us to be here today and urge my colleagues to join in passing this important piece of environmental and economic and health care legislation . And I hope that our colleagues in the house. Will work to move their own brownfields bills so we can finally get about the business of revitalizing these sites so they can realize their economic potential . And preserve our country's beautiful. Open spaces. And revitalize our downtown areas . And I yield back the remainder of my time. Senator from Nevada . Before the

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  • 01:00:03 PM

    THE PRESIDING OFFICER

    Senate from New York leaves a four I want to public it.

  • 01:00:05 PM

    MR. REID

    want to public it. Publicly express my appreciation for traveling to…

    want to public it. Publicly express my appreciation for traveling to Nevada as part of the committee . To deal with a most serious problem . As the senator indicated we don't know what the problem is and Churchill County. Is at the problems with the base it could be from the fuel we understand that there's been alleged large. Leakage of fuel . Is it from the dumping the fuel as she indicated. There's a theory out of a by some academics out of England that maybe it's a virus caused by the huge influx of people coming to the base . From various parts of the world to this various previously stable community. Maybe it's from the agriculture . That's been going on there the first directly. Mation project in the history of this country. Took place there the Newlands project . So for over one hundred years they've been done. Dumping tons of fertilizer . Pesticides and. Fungus sides on those crops there. Could that be the cause of it and could it be the arsenic. That occurs in the water there which is one hundred parts per billion . We're trying to lower it to ten parts per billion. We simply do not know what the cause is. But the center from New York. Coming there . I don't mean to embarrass her but with her national following. Focused attention on found on a vat of that would never event accomplished. Had she not shown up there . And I indicated to the center earlier today. And I'm going to send her a series of positive. Editorials. That were written about her coming to the state of AD and trying to help us with this most difficult problem. And then finally I want to say as I've already said earlier with that outside the presence but on this floor of the Senate from New York. What a valuable member of this committee she is for one hundred days. Not quite a hundred days. That we've been functioning as this new Congress she's been a member of this committee . She has. Invaluable she attends or meeting she stays through the meetings . And he has indicated in this legislation . She's rendered. Valuable cisterns. By making an order station better. So I'm very happy to have her as a member of the committee. A member of the Senate people New York. Should feel very good about the product that they brought to Washington as a center representing that state. I think my friend. From Nevada this person your senator from New Jersey.

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  • 01:02:27 PM

    MRS. CLINTON

    from New Jersey.

  • 01:02:30 PM

    MR. REID

    Time that is left over from mom from my. Having spoken. And I believe…

    Time that is left over from mom from my. Having spoken. And I believe there may be some other time in there I think that. Totally time we have that still to come his center Corps and center Carper. I think that's all that's left and where we're going to two o'clock so. Whatever time . Up to ten or twelve minutes and Senator from New Jersey has he could you know it's going to really Jersey. Present I think the center of Nevada for using the time and.

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  • 01:02:55 PM

    THE PRESIDING OFFICER

    of Nevada for using the time and.

  • 01:02:57 PM

    MR. TORRICELLI

    Before I begin my own remarks regarding brownfields I want to join him in…

    Before I begin my own remarks regarding brownfields I want to join him in commenting that Hillary Rodham Clinton potentially had . Were the most difficult transformations to ever make becoming a member United States Senate. Is also fair to say after only one hundred days she's probably had one of the most remarkably successful. Transformations . Ever made in the United States Senate. Rarely has someone come to the Senate and devoted themselves so diligently. The details of their work . And meet their responsibilities to their stay with such. Bipartisan a claim by her colleagues. I think people of New York should be very proud . Under difficult circumstances . In this changing of. Public responsibilities. How well she accomplish the feat . And now how proud she represents the state of New York . Since the fortunes of New Jersey are so closely tied to those of our . Modest neighbor across the river where we are. Grateful the New Yorkers so well represented I congratulate on her introduction to the Senate. Mr President . Like my friend and colleague from New York . Was to address my colleagues on the question of. The brownfields legislation. We have now completed a. Unprecedented decade. Of extraordinary national prosperity. But it is a cruel irony that . Many of those communities which . A generation ago. Laid the foundation for America's. Industrial might . And the prosperity of our generation. Have not participated in every aspect of this new prosperity . And critical to the goal of ensuring that all communities do indeed benefit by this prosperity is creating sound economic development in the traditional. Economic centers. Although often more graphic in central cities because of their limited space . Brownfields redevelopment is not just an issue . Of these old centers. It's also become a question of small town. The problem is whether it is these older industrial centers. Upon which our nation built its future . Or it is small towns or rural areas . Senate now in. Considering again changes to Brownfield for the sation. Must deal with the reality that Brownfield redevelopment. Projects . Must overcome several. Difficult but critical barriers these barrier her. Barriers historically have included one. I lock the lack of process. Certainty. To liability concerns. Three . Added expenses of involving a cleanup. And the lack of redevelopment financing . S three five was a bipartisan effort to address these very issues . And to make our brawn fields program of the last few years . Everything that it can should and must be. Since one thousand nine hundred three when the brownfields pilot program was implemented. Hundreds of communities across the nation. Have been successful in their efforts to assess. Cleanup and redevelop fake it or underused contaminated sites . In my state of New Jersey Brownfield revitalization represents the potential rebirth of many distress it is indeed in many respects . Brownfields. And Hope Six grants. Have entirely changed the landscape . Of some of the most distressed. Urban areas. In the state of New Jersey. In Trenton . And old steel plant has been transformed to a minor league baseball field. Now. Center of recreation . Attention and life. Of the city of Trent. Only years ago. Abandoned. Contaminated. Property. A railroad yard in the Camden waterfront. Front of an enormously. Wonderful view of the city of Philadelphia. What should have been some of the most productive land in the nation was abandoned . It is now become a major . Entertainment Center for the vice chair . City of Lizabeth is taking a former landfill. And constructing a shopping mall . For all these rays brownfields legislation . Is critical irreplaceable. And the economic revitalization of the cities. Of New Jersey. It's not a fear theory. It's not a potential. It has been proven. It is real in every one of these communities. But it does need to be improved . And I support the enhancements contained in the last three five zero because one. They reduce the legal and regulatory barriers that prevent brownfields redevelopment provides funds to state to clean up programs. Second to address the need to address. Potential liabilities faced by prospective purchasers. And adjoining Lando. Finally provides funds to access and clean up. Abandoned underutilized brownfield sites. This is not in the province of private funding source. This bill goes a long way to remove many of the uncertainties that have been made in financing a brownfield project. While this legislation is a major step in the right direction. There is more that must be done to enhance the public private partnerships. To complete the picture of brownfields revitalization. The strengthening of the public private partnership utilizes. Tax incentives to help attract affordable private investment in August of one thousand nine hundred seven this body approved a potentially significant brownfields tax incentive . This tax incentive referred to as the quote expensing. Provision. Allowed new owners of these contaminated sites . To write off clean up costs. Off their taxes in the years. They were deducted. This allows for increased cash flow. For redevelopment projects. Surprisingly. Despite the potential advantage of this expensing provision. They have been relatively few takers a G.A.O. study reported in December of two thousand. That in New Jersey . There have been only three development projects which have even applied for this tax benefit. Developers tell me that they're discouraged to use the provision. Because the provisions. Indefinite future . And the exclusion of brownfield sites containing petroleum. Related contaminants and pesticides. There is simply no incentive for real estate developers to complete projects and market them quickly. If the tax benefit they have derived . Is going to be taxed as ordinary income. At thirty nine point six percent . Rather than capital gains . At twenty percent . The financial impact of that reality . Is enormously significant. And so in addition to what it is. Before the Senate today . I want to make clear that I intend oppose legislation which I believe. Provides a positive. And handsome. My legislation will recapture reclaiming. Of this previously earned. Benefit as capital gains at twenty percent rate . Rather than ordinary income. Using tax incentives to overcome capital shortages in the marketplace . Greater public benefits . As a proven formula for success. And this is exactly what I intend to do. This can be done to reverse negative trends and start. New constructive. And initiatives . In one thousand and sixty two . The original plan Association of New York New Jersey and Connecticut as publication. Spread city stated the region was drifting into a costly spread out pattern of suburban development. Versus dominant central cities. Publication noted. This pattern would produce up to quote the benefits of the city . Know the pleasures of the countryside for dad. Decades later this vision of spread city. Is exactly what has happened in our country today Brownfield redevelopment should be viewed as a method of controlling. Suburban sprawl . And ultimately preserving green fields. A recent study of nine New Jersey cities. Providing a conservative estimate. The redevelopment identified sites across my state . That house a quarter of the two hundred twenty five thousand new residents expected by two thousand and five. It is there for good economic policy . It is good social policy. It is good housing and job growth job creation policy. And finally it is good environmental . Land Use Policy. To enact brownfields . Just listen to it hand . And improve it. With the necessary. Tax incentives to stimulate growth . Based on this exciting. Concept. President I want to Dennis five myself strongly with this initiative hoping the Senate will consider the Senate will consider my changes. When indeed it is time to vote on Brown to present you the floor. Present I note the absence of farm . Clerk will call the roll Mr Cox Mr Allard.

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  • 01:12:54 PM

    THE PRESIDING OFFICER

    Mr Cox Mr Allard. Mr book us. Mr Bill. International business you know.…

    Mr Cox Mr Allard. Mr book us. Mr Bill. International business you know. The score sent a quorum call be suspended . An objection

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  • 01:19:11 PM

    MR. SMITH

    quorum call be suspended . An objection

  • 01:19:12 PM

    THE PRESIDING OFFICER

    . An objection

  • 01:19:14 PM

    MR. SMITH

    . Was President . I ask

  • 01:19:16 PM

    MR. SMITH

    unanimous consent that a package of colloquy. Be included in the record in…

    unanimous consent that a package of colloquy. Be included in the record in the appropriate place. Objects integrate to the present I ask for the unanimous consent that Senator Wellstone be added as a co-sponsor to S three fifty .

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  • 01:19:24 PM

    THE PRESIDING OFFICER

    present I ask for the unanimous consent that Senator Wellstone be added as…

    present I ask for the unanimous consent that Senator Wellstone be added as a co-sponsor to S three fifty .

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  • 01:19:27 PM

    MR. SMITH

    Wellstone be added as a co-sponsor to S three fifty . Jackson might also…

    Wellstone be added as a co-sponsor to S three fifty . Jackson might also point out Mr President that with the addition of Senator Wellstone I make seventy.

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  • 01:19:33 PM

    THE PRESIDING OFFICER

    out Mr President that with the addition of Senator Wellstone I make…

    out Mr President that with the addition of Senator Wellstone I make seventy.

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  • 01:19:34 PM

    MR. SMITH

    that with the addition of Senator Wellstone I make seventy. Co-sponsors .…

    that with the addition of Senator Wellstone I make seventy. Co-sponsors . To this legislation that runs the entire political spectrum from. Helms to Wellstone . So it's a. I think it's a GREAT TO tribute to the type of legislation that it is that we could forge this kind of bipartisanship . As I had mentioned earlier. In my remarks there are a number of stakeholders who have written. To express their support for S three fifty. The. I did enter those letters . In the record and will not. Obviously read them all but I would like to highlight . Just three or four . One of those letters from was from the U.S. Conference of Mayors . And the quote from . That letter is the mayors believe that this legislation can dramatically improve the nation's efforts to recycle . Abandoned or other Uniloc underutilized brownfield sites. Providing new incentives and statutory reforms. To speed the assessment cleanup and redevelopment of these properties . So I think that's a very dramatic statement as the. Senator in the in the chair knows the merits are a bipartisan group of both political parties all across the country and across the political spectrum as well. Another letter we received from the Trust for Public Land . One paragraph of that letter says quote . Brownfields afford some of the most promising revitalization opportunities from our cities. To more rural localities this legislation will serve to help me to pronounce needs . In under-served communities to reclaim abandoned sites. And create open spaces. Reclamation of brownfield property to bring new life to local economies. And to the spirit of neighborhoods . And also from the National Conference of State Legislatures . Quote. I commend you for your continued commitment to the issue of brownfields revitalization . Without the necessary reforms to circle to clean up and redevelopment opportunities our last. Circle as the super fun. Bill . A law as well as new as new jobs new tax revenues and the opportunity to manage growth. And C.S.L. has made this a top priority. And we applaud the committee's leadership . And finally from building owners and managers Association International. Thanks to the efforts of a dedicated collection of senators the Senate now is a bipartisan piece of legislation that would generate improved liability. Improve liability protections. And Hants. State involvement and increased federal clean up funding. Adoption of S three fifty. Would have an immediate and dramatic impact on reducing the four hundred thousand brownfield sites across America. Unquote. Which president. Stated many times and indeed the. Distinguished senator who is presiding also mentioned. Some of this in his remarks . This bill is going to encourage and increase. Redevelopment. And Riedel. Revitalization. All across our country . And I just would like to highlight one particular. Redevelopment option . That would benefit from this bill it's called Eco industrial development. It's similar to that of the Londonderry New Hampshire echo industrial park. But by reducing the waste and pollution from. Industry. Industrial land users become better neighbors. In residential areas and developers and communities can target. The kind of development they want. Rather than being at odds with each other and I think that's the that's the beauty of this legislation. Echo industrial development helps break down the notion that enhanced environmental management. Can only be done at a greater cost to business. It's not true . The two go hand in hand you can have an enhanced environment. And you can enhance industry. And that's why this concept. Is so appropriate. I'm hopeful that will it this legislation will in fact encourage responsible development. And revitalization similar to the Londonderry . Eco industrial development. Let me just talk about eco industrial development just a second. It creates efficiencies in the use of materials and energy. Through planned. Voluntary networks among businesses and their industrial manufacturing . This increased efficiency not only drives down pollution and waves generated by these industrial processes. Processes. But it incur. Increases the profitability and competitiveness of the business. At the same time . With these reinforcing benefits. Eco industrial development is a market based incentive driven means for preventing provoke pollution. Rather than relying on the fragmented and of pipe regulation which we have done so for so many years. So our current. Measures of productivity are based almost entirely on measuring industrial output per unit of labor however a handful of major companies such as Dow. Monsanto three M. Ford and others. Have been focusing on ways to increase or maintain their current level of output while using fewer resources. This resource productivity. Can increase the company's return on its assets significantly . And overall an industrial manufacturing sector in the US. That uses materials and energy more efficiently will become more productive more profitable . And will remain competitive in global markets . I think the. The moral of the story here is that when you take an abandoned. Site that has been polluted. And you convert it into . Whatever either a green space or. A true park or playground. Or a baseball field as the . Senator mentioned in Trenton. Whatever you do with it. If you turn it into productivity you've created jobs. Number one in doing so. Number two you've taken all the pressure off of additional green space a lot of pressure off the dish no green space and now will not be developed. Because this will be redeveloped . And number four you help to beautify your community. And I think it's also important to point out that it's not just the large cities such as Trenton New Jersey or Manchester or. New Hampshire or any other large city it's not just large cities there are many many small towns all across America where some four to five hundred thousand of these sites. Occur . A lot of them. In the in the on the eastern seaboard . And the early. Developed areas of our country where. Along the rivers and railroad tracks and these are the areas that need help. And for so many years under the current superfund law . They've not been able to develop these sites. Because people in the industry would not. Industry and cons. Tractor simply would not take the risk. Knowing of the possible liability . So that's why this legislation. Is so exciting and it's also why we have seventy. Co-sponsors and probably will have almost if not completely unanimous vote in the Senate. And we look forward to seeing this bill. Move forward to the house and to get it out of the house and or out of conference whatever the case may be and get it to the president's desk. I suggest the absence of a court. But a row.

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  • 01:27:11 PM

    THE PRESIDING OFFICER

    Mr Cox . Mr Buck . Not every jersey . Now Jackson .

  • 01:32:03 PM

    THE PRESIDING OFFICER

    . Mr President I rise in strong support. That's three fifty.

  • 01:32:14 PM

    MR. CORZINE

    Brownfields revitalization environmental restoration act of two thousand…

    Brownfields revitalization environmental restoration act of two thousand and one. I'm proud to be a co-sponsor of this. Important vital . Legislation . Mr President. This bill proves that environmental protection . And economic development . Can go hand in hand . That we can take depressed. Blighted areas like some of those in New Jersey that we work with and make them vibrant and productive . And that we can do so in a cooperative and bipartisan manner . Mr President hundreds of thousands of contaminated dust real sites . Fly under utilized . Or even if banned and across this country . Largely because of the potential risk. And expense of cleaning them up. New Jersey has more than eight thousand of these brownfields . And developers now look at these sites Mr President. They see a hornet's nest of problems. But when I look at them. When we look at them. We see opportunities. Many of these brownfields are located in economically depressed . Urban areas. Cleaning them up can spur economic development. Jobs and bring in additional tax revenues . Of course clean up brownfields does more than help the economy . It also protects the public health . In addition by cleaning up sites in urban areas . And we redirect development away from our remaining open space. Many of the problems associated with sprawl. Unfortunately Mr President. Despite the broad benefits of clean up brownfields. Private sector. Often finds that unattractive . Were unrealistic to take on the task . Nor is it always easy for state and local governments. Pursue this. That's why this legislation . So important. By providing the needed funding. And placing. Reasonable limits on developers liability. It should encourage the development of. Many of these sites brownfield . And the revitalization of depressed areas around our nation and across our state. In New Jersey. Mr President this legislation also represents an important. Compromise . A federal and state interest. Divides funding for grants to states to help them enhanced. And develop their own brownfields programs. It recognizes the important lead role that the states play in dealing with brownfields. But it also retains the right of the federal government to intervene under certain circumstances . To address serious threats. To health. Vironment. That may arise in general . I see this as a very sound down. It's . Be proud that we've been able to work this . In a way that leads to a positive. Long term result. I do want to point out however that this bill merely provides an authorization for the funding . In the future . It doesn't provide the funding itself . Often we talk about. Authorizations and. Take victory laps. But the appropriations process. Is important that will be up to those . In that process later wrong . And we all have to work hard to make sure that we can find real dollars. To be placed against this real need along these lines I was very disappointed that the Bush budget included only ninety. Eight million dollars for brownfields redevelopment that's far short of the two hundred fifty million . Authorized in this bill . For fiscal year two thousand and two. Bush administration is says it will support this bill . But their budget. Doesn't have the money. To show that support . And we in Congress will have to do better. Finally Mr President I want to acknowledge the leadership of my predecessor. Senator Frank Lautenberg who took the lead in the last Congress to develop this legislation. Senator Lautenberg for years has been a strong advocate of addressing brownfields. And I am pleased that his efforts and the efforts of staff or at least the payee who now works for the Environment Committee. Soon should bear fruit. I also want to congratulate and thank Senator Smith. Senator Chafee Reid the boxer for their leadership . And hard work in crafting in advancing. This legislation this bipartisan legislation . This bill proves that bipartisanship . Can and will lead to positive results. To clean with regard to environmental legislation . And I'm hopeful that that spirit of cooperation. Will operate here on the floor. With that Mr President I will conclude my remarks. And I again. Urge my colleagues . To support this legislation . I suggest an absence of a call for Palmer all Mr .

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  • 01:37:15 PM

    THE PRESIDING OFFICER

    . You're Mr President you know Hilary Rosen I ask your unanimous consent…

    . You're Mr President you know Hilary Rosen I ask your unanimous consent that the quorum call be dispensed with objection as President I'd like to take just a few minutes this afternoon to express my support for Senate bill three fifty.

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  • 01:42:53 PM

    THE PRESIDING OFFICER

    consent that the quorum call be dispensed with objection as President I'd…

    consent that the quorum call be dispensed with objection as President I'd like to take just a few minutes this afternoon to express my support for Senate bill three fifty.

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  • 01:43:00 PM

    THE PRESIDING OFFICER

    afternoon to express my support for Senate bill three fifty. Brownfields…

    afternoon to express my support for Senate bill three fifty. Brownfields revitalization. and Restoration Act . A bill which I hope will vote to pass today and. Which hopefully will be acted in the house as well . Represents a years of discussions on the people here in this chamber been part of the. Those discussions. Callus hearings and. I believe a genuine compromise. We've heard from others. Today who have talked about the balance of this bill represents and the compromises at least some of the compromises that it contains. But I'd like to focus on and. In my remarks in the next several minutes . Is what this bill means. To our states and including the States and I'm fairly sure represent That's Delaware. And where this legislation . Can make and will make a real and. And significant impact. This morning I came to work. By train. As I do most mornings and train in Wilmington and. Head on down to it to. Washington I look out as I often do. Left side of the train as we pull out of the Amtrak station in Wilmington . And I looked over to. An area that during a World War two was a pride in the area for building ships. Along the banks of the Christina river . Between roughly one thousand nine hundred one in one thousand nine hundred five some ten thousand people work . Along the banks the Christina river in Wilmington Delaware . Men and women. And they built. All kinds of ships destroyer escorts troop landing ships and liberty ships and others that . Really the ships that helped to win World War two when the war was over in one thousand nine hundred five. Not surprisingly. Not all those people were needed. And eventually. Within a few years after the end of the war. That vibrant the ship building community . Along the Christina river. Folded up . And all those jobs. For the most part. Went away. And what had been a vibrant area of employment and manufacturing. By colony . Began to go to seed . And over the years. Thankfully. Turned into a abandoned race line. To be honest. As dollars Congressman. During the one nine hundred eighty S. late one nine hundred eighty S. This is a road that the same Amtrak train to work. I looked out that window . I said I said boy just look awful. And he did that today guys and today we have a river walk around. Beautiful park. We have buildings that have been restored or are being restored. We have museums and restaurants . Places to shop . Home stadium of the one when it's minor league baseball team America the woman to the blue rocks and a couple of years ago as governor of Delaware I signed legislation which was actually used to enable us to go in and turn out a dancer wasteland. And to the riverfront jewel . As it is becoming today. For the state of Delaware. Really to return to a productive use some land it had been forgotten and really serve as a buffer to keep people away from from the river. But today. I want to thank. Several people I want to thank are certainly as our Subcommittee Chairman Ranking I Democrat Senator Chafee and. Senator Boxer who lead to something to develop this bill and nurtured it over the years. I want to thank Senator Smith is it. Jammer the Committee for his good work in and out of Senator Reid of Nevada who have spent a fair amount of time in these vineyards in the last couple of years . As a freshman senator who at least down here in Washington has joined in this game a little bit late. They're kind enough to it to work with me and to teach me a thing or two about these issues and. Listen my concerns and actually to reflect some of those concerns in the final bill so I'm grateful . And I don't see my friends who are high on the floor but I might say a word about this inner voice of a true. Chair the National Governors Association during a time when I was vice chairman. And who has worked on this bill and we had the opportunity work a little bit together. And it was an instrumental I believe in making a good bill even. Even better. And I'm pleased to stand here today and to say my colleagues and our fellow governors out across. The that. The country that include in the final version of this bill is a provision which will go some distance toward ensuring that states. Certification Brownfield cleanup. Actually result in the revitalization of thousands I believe thousands of abandoned. And underutilized sites across the states and across the country. I want to thank Senator Voinovich for his his work on this as well as the other members of our committee. Who worked I think very hard. Patiently over the last several months and actually over the last several years. Didn't pass up the opportunity this year to make this bill the best it can be. I believe what we have here today is the brownfields bill that moves the E.P.A.'s existing program. A significant step forward . This bill protects our environment and encourages business is to reuse . These sites. In my opinion it just makes that makes good. Good . sense And I urge my colleagues to vote in support of this bill and before I yield for I just want to say in reflecting on my first roughly three months here as a senator you had the opportunity to work in a bipartisan manner on the floor here and I couple major initiatives. Bankruptcy reform. Which the president. I hear the president of the Senate today was a very instrumental in it . But in the end now bill which passed with eighty five votes across the broad bipartisan support . Campaign finance reform which I enjoyed . A lot of Democratic support but a fair amount of Republican support is as well . The budget resolution which ended up enjoying a fair amount of. Democratic support as well as a lot of Republican support and. Today the brownfield legislation which I believe will pass this chamber with a broad bipartisan support . And I take it not a yeah. I have a lot of encouragement . A lot of encouraging. And maybe we will somehow set the stage today . For what is to begin maybe tomorrow or next week and that is that bringing up . The education issues and . Try and. This month or next month to redefine what is the appropriate . Federal role in the education of our children. Mr President. I surrender my time and you will the floor thanks very much . Senator Hatch .

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  • 01:49:25 PM

    THE PRESIDING OFFICER

    Mr President I would just take a couple of minutes to explain to my…

    Mr President I would just take a couple of minutes to explain to my colleagues.

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  • 01:49:29 PM

    MR. SMITH

    of minutes to explain to my colleagues. The manager's amendment which will…

    of minutes to explain to my colleagues. The manager's amendment which will be part of the entire vote . We did expand the bill at the end of the. The markup in committee . There were a number of concerns raised by senators on both sides which we attempted to address and then finally were able to address not I wanted to highlight. Three or four of them on both sides of the aisle . Senator Inhofe and raise a concern. And Senator Bond as well. About innocent parties. Cleaning up relatively low less. Low risk sites brownfield . Contaminated by petroleum. Or a petroleum product to it. And we were able to allow for the application for brownfields right. Revitalisation funding. For those purposes . As requested by Senators Inhofe and bind also. Authorizing two hundred million annually for the brownfields revitalization . Program we had another fifty million or twenty five percent of the total for the cleanup of petroleum sites in this fifty. Was included in the manager's amendment . And we have unanimous committee . Support for it today . So those were two. Contributions to the overall legislation by Senators and often by on . In addition Senator Chafee asked for clarification that a grant or alone receipt recipient may use a portion of that grander loan. To purchase insurance for the characterization assessment or remediation. Of the prospective brownfield site and. We were able to take care that Senator Clinton . Asked for. Condition. As to the ranking criteria used to award monies under this bill. To address sites with a disproportionate impact on the health of children in Artie's and other sensitive Sub Pop elations and communities with a higher than average engine of cancer and other diseases are conditions. We were able to include that another concern. Of Senator Clinton's was to add an element to a state response program where a barrage whereby a citizen . Can request a state official to conduct a side assessment. And a state official considers and responds. Appropriately to that request. So those issues were concerned and added. Into the manager's amendment . In addition center Voinovich. Asked for a requirement that the administrator consult with states. In determining when new information regarding. A facility presents a threat to human health or the environment . While preserving E.P.A.'s authority to take appropriate action . As President . I also received . Just a moment ago . A statement from the administration I'll just quote from part of it . The administration supports Senate passage of S. three fifty . Which would authorize appropriations to assess and clean up certain abandoned industrial sites. Known as brownfields and provide protection from liability for certain landowners by removing barriers to Brownfield cleanup and redevelopment S. three fifty would allow communities to reduce environment. Environmental and health risks. Capitalize on existing infrastructure . Attract new businesses and jobs and improve their tax base so we're pleased to have that statement a report. Of support and. Before you go to Senator Reid for the final remarks before a vote I just want to thank Senator Reid again and. All of the members of the committee Senator Chafee Senator Boxer. And all of those who work with me. To to bring this to closure . It's been a pleasure. Enjoyed it. It was a long ride but . We finally got to the end and . We're glad that we did and I think it is going to be. The country will be the beneficiary of our actions and it's really nice to see a piece of legislation that you know . Once it passes you're going to be able to see the immediate results. Of almost any community in your state in America that there are so many of them that . Probably the very few that don't have a brownfield site which is an abandoned industrial site so I'll be pleased when the bill is signed and be pleased to see when the dollars start to flow not just from the few dollars that we really have here in the federal. Process but from the investments that will be made by the private sector because these folks will now be able to go on site. And clean this up . So I'm excited about the bill I'm glad we're at the end. I'm pretty happy to hand it off over to the house now and wait and wait for them and hopefully. If there is a conference it will be an easy one . President

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  • 01:54:37 PM

    MR. REID

    .

  • 01:54:38 PM

    THE PRESIDING OFFICER

    I want to take just a minute . To express my appreciation

  • 01:54:40 PM

    MR. REID

    . To express my appreciation of senator from Delaware. For being a member…

    . To express my appreciation of senator from Delaware. For being a member of the committee Senator Carper and I came to Washington together along with presiding officer in one thousand nine hundred two. And when he was elected to the Senate I was very very happy. He was a great. Member of the House of Representatives was a tremendous governor. I was happy to come to the state of Delaware . On a number of occasions to work with the governor of Delaware . The people of Delaware very fortunate to have someone of the caliber of . Tom Carper representing them in the United States Senate . A great addition to . Joe Biden. The two senators are real good senators. I don't know how you can do better than the two people that come from the state of Delaware . Center carpers work on the committee has been exemplary to work on that heat on this bill. And he reached out on a bipartisan basis to Senator scrape zero one of it. He and Governor Voinovich were . Fellow governors . And as a result of his advocacy. We were very very hard with a center Voinovich to satisfy the problems he had with his bill so I express my appreciation center. In Delaware as president I was very happy to hear from Senator Smith that we do now have a statement from the administration on this legislation . This is in effect the icing on the cake. This legislation has been long in coming . The prior ministration tried very very hard to get it before the Congress. For various procedural reasons we were unable to do so for years two . But we now. Very bipartisan basis have been able to report this. Important legislation to the floor of the United States Senate. This is Representative this piece of legislation as to how we should operate in the Senate. It's a bill that we recognize . Was. Was controversial. It's a bill that we recognize there were . Disparate views in the committee . And we also realize that the Senate was divided fifty fifty just like the environment public Kirt Works Committee was divided fifty fifty . So Republicans reached the Democrats Democrats reach Republicans . And we came up with this piece of legislation . This is very good legislation. Five hundred thousand sites in America. Will benefit from this legislation. Billions of dollars will go to local communities. Hundreds of thousands of jobs in fact six hundred jobs thousand. Will be required to clean up the sites . This is important because as we indicated earlier this morning Mr President . There are corner service stations in urban areas. That simply can't be built upon . People won't touch them because they're an old service station. And there may be Superfund liability. This legislation takes care of that. All over America places where corner service stations existed . Will be cleaned up . And something will contribute to the local economy will be built there . Dry cleaning establishment. All over America . There you don't have big dry cleaners or all small. And we have all over America . These dry cleaning. Establishment. Used to exist and. New businesses will not touch them because of possible Superfund liability. This legislation. Legislation takes care of all that . So this is what the American people wanted . And sending us an equally divided Senate . This is what the people deserve . And I think this legislation. Will go a long ways toward making people feel good about government. It's been a pleasure to work with the senator from New Hampshire as I've already stated . And this is a joint effort. I commend and applaud . The chairman of the subcommittee center Chafee. Ranking member of the subcommittee Senator Boxer. For their outstanding work. Must present everyone's names been ordered on this matter . If not I would ask the U.S. Navy's

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  • 01:58:50 PM

    THE PRESIDING OFFICER

    ask the U.S. Navy's

  • 01:58:51 PM

    MR. REID

    official second . Appears to be a

  • 01:58:54 PM

    THE PRESIDING OFFICER

    . Appears to be a sufficient second. Under the pretty. Under the previous…

    . Appears to be a sufficient second. Under the pretty. Under the previous order Amendment Number three five two is agreed to and the committee reported substitute as amended. Is agreed to. The clerk will read the bill for the third time.

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  • 01:59:14 PM

    THE CLERK

    Calendar number nineteen S. three fifty a bill to amend the comprehensive…

    Calendar number nineteen S. three fifty a bill to amend the comprehensive environmental response. Compensation and Liability Act of one thousand nine hundred eighty to promote the clean up and reuse of brown fields and so forth and for other purposes .

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  • 01:59:29 PM

    THE PRESIDING OFFICER

    . The question is on the passage of the bill as amended the A's nays have…

    . The question is on the passage of the bill as amended the A's nays have been ordered. CORKER call the roll. Mr Akaka. Mr Pollard. Mr Allen. Mr Baucus. Mr by Mr Bennett. Mr Biden Mr Bingaman. Mr Bond. Mrs Boxer . Mr bro . Mr Brownback . Mr Bunny. Mr Burns Mr Byrd. Mr Campbell. Ms Cantwell. Mrs Carnahan . Mr

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  • 02:00:00 PM

    Senate Vote 87 - On Passage of the Bill (S 350 as amended)

    Brownfields Revitalization and Environmental Restoration Act of 2001

    Bill Passed (99 - 0)
    Yea

    Vote Details: Yea - 97
    Democratic - 50
    Republican - 47

  • 02:24:15 PM

    MR. SMITH

    .

  • 02:24:17 PM

    THE PRESIDING OFFICER

    . Without objection so ordered.

  • 02:24:24 PM

    MR. SMITH

    Madam President .

  • 02:24:27 PM

    THE PRESIDING OFFICER

    President .

  • 02:24:29 PM

    MR. SMITH

    The senator from New Hampshire. I ask unanimous consent there now be a…

    The senator from New Hampshire. I ask unanimous consent there now be a period of morning business with senators permitted to speak for up to ten minutes each.

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  • 02:24:35 PM

    THE PRESIDING OFFICER

    for up to ten minutes each. Without objection . So ordered. That a…

    for up to ten minutes each. Without objection . So ordered. That a president .

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  • 02:25:14 PM

    MR. KERRY

    Can we have order .

  • 02:25:19 PM

    THE PRESIDING OFFICER

    Still it will be in order that a president . I want to just share

  • 02:25:36 PM

    MR. KERRY

    . I want to just share a couple of thoughts very quickly if I can.…

    . I want to just share a couple of thoughts very quickly if I can. Regarding . Some reports that have appeared in the media in the last few hours regarding our colleague Senator Bob Kerrey. And I do this size or this is do they proceed. I

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  • 02:26:04 PM

    THE PRESIDING OFFICER

    this is do they proceed. I

  • 02:26:06 PM

    MR. KERRY

    this is do they proceed. I thank the chair . Some reports of. Have been…

    this is do they proceed. I thank the chair . Some reports of. Have been written about the last twenty four hours . About an incident that took place in Vietnam in one thousand nine hundred sixty nine . In February. Prior to several weeks later. Senator Kerry. Receiving the Congressional Medal of Honor. For is for a separate mission that he served on. And I read a couple of those reports today and I just wanted to express my personal concern about the approach of the media to this issue . And expressed my personal support for Senator Bob Kerrey. And particularly for the nature of the circumstances of the mission which has been written about. It's my hope that the media . Is not going to engage in some kind of thirty two year later . Binge because there is a difference of memory about a particular confusing night . In the delta. In a free fire zone . Under circumstances which most of us who served in Vietnam . Understand where the daily fare. Of life. In Vietnam at that point in time . I served in the very same area . That Bob Kerrey did . I served there at the very same time that he did. I remember those free fire zones. And I remember. What our feelings were about them and the great confusion that many people felt about the ambiguity that we were automatically presented with by a military doctrine that suggested that certain areas. Were wholly and totally. Enemy territory quote. But nevertheless to the naked eye . We could often perceived life . As we knew it. In Vietnam. Of being. Carried on in those areas . Inevitably . There were older citizens women and children and others who were often as a matter of strategy by the Viet Cong drawn into the line of fire. Put in positions of danger . Without disregard I might add. By their side as well as by ours. To the best of my memory. Most people . Worked diligently and I know that Senator Kerry did as well as others . To avoid the capacity for confusion. Or for accident. I know certainly within our unit. There was a great deal of pride in the many occasions when orders were changed on the spot. Simply because perceptions on the spot . Made it clear that there was the potential for . Innocence to be injured. But I will say to my colleagues that . I fully remembered. What it was like to quote sad a lot for a nighttime mission . With no moon with no light. Completely trying to move clandestinely . Trying to surprise people . And the confusion that can ensue in those kinds of situations . Is not confusion. That lends itself to a thirty two year later judgment. There were occasions in Vietnam as everyone knows when innocents. Were victims . And there isn't a soldier there . At that time or has come back to this country holds today. Who doesn't regret that. But I also know that it is simply a disservice to our nation and to the quality of the service of a person like Bob Kerrey. To have an examination after the fact that does anything that diminishes the quality of his service of his unit service or of so many other. Years. Who spent their sweat blood. And youth . In that particularly difficult battle field. So it's my hope that in the next days people will understand the appropriate perspective here. And put this issue in its appropriate perspective Bob Kerrey served with distinction . He feels obviously . Anguish and pain about those events . But I don't believe they should diminish. For one moment . The. The full measure of what he has given to his country. And of what he represents and it's my hope that he personally . Will not allow it to. Now madam president on a. On a different subject if I may for a moment. This morning. I want to say a word about what President Bush said this morning. With respect to Taiwan. Because if what the president said . Is in fact . What he means . Or if it is indeed . The new policy of the United States that has profound implications for our country he made a far reaching comment this morning on the American defense of Taiwan. A comment . Which suggests that . Without any consultation with Congress . Without any prior notice. To the Congress . That a policy that has been in place for thirty years . Is now some merrily . Being changed with implications. That I believe . Are serious . When asked by. Charles Gibson on A.B.C.'s Good Morning America. Whether the United States had an obligation to defend Taiwan if time on were attacked by China. President Bush said yes we do. And the Chinese . Must understand that. Charles Gibson then asked with the full force of the American military . And President Bush responded . Whatever it took to held Taiwan. To help Taiwan defend their self . For almost thirty years. Madam President . Through Republican and Democrat administrations alike. The cornerstone of our approach to policy in China . And to Taiwan has been the so-called one China policy. There is but one China Taiwan is a part of China . And the question of Taiwan's future must be settled peacefully . This policy was laid out in the one nine hundred seventy two Shanghai Communique. Issued by the United States and China at the end of President Nixon's a Sturrock visit. And it was reaffirmed in subsequent bilateral communiques . In one nine hundred seventy nine when the US recognized. The People's Republic of China. And again in one nine hundred eighty two on the question of U.S. arms sales to Taiwan . A consistent. Tenant of this policy . Is the U.S. expectation that the question of reunification of China in Taiwan will be settled peacefully . Now we have never stated. What the United States would do if Beijing attempted to use force to reunify Taiwan with the mainland until today . And we have not stated it. In the course of Republican and Democratic administrations alike. Because we understood. The danger of doing so. Madam President. We have been deliberately vague about what the circumstances might be under which we would come to time one's defense. Not only. To discourage Taiwan . From drawing us in by declaring independence . But also to deter. A Chinese attack. By keeping Beijing. Guessing as to what the response might be. Now some time some people have talked about trying to reduce that ambiguity and simplify it and simply say . Of course. We would come to their defense. But if you do that that simply you Madam President . You invite a set of consequences that might carry with them . Their own set of dangers . And you may lose control of the capacity to make a determination . About what has happened. And what the circumstances really are that you need to respond to President Bush's comments this morning on Good Morning America . Suggest that the administration has decided to abandon the so-called strategic ambiguity . If so . The president has made a major policy change . With absolutely no consultation with the Foreign Relations Committee. The Armed Services Committee the Intelligence Committee. Or the leadership of the Congress. And in my view is a policy change that serves neither our interests. Nor timelines. Any situation . Which results in the use of force across the Taiwan Strait. Is unlikely to be simply. Black and white as clear as can be . The Tonkin Gulf . Is a classic example of that . To this day . People debate over whether or not there really was an attack on the Maddox . And the Turner Joy . And whether or not there was an appropriate response under those circumstances . The scenarios which could lead to the use of force. And the conditions under which the United States might respond . Are simply too variable . To lend themselves to a simple clear. Declaration. Such as the declaration made by the president this morning. For example if China. Attacked. In response to what it sees as a Taiwanese . Provocation. Would we then respond. Apparently so according to President Bush . Or if Taiwan declared independence . And China responded militarily. Would we then come to Taiwan's defense. Have we given time on a card. It wanted all along . Which is the capacity to know that no. Matter what it does the United States would in fact be there to defend it. The answer to that question is the reason that we have carried. This ambiguity. Through President Ford President Carter President Reagan and President Bush. The president's father . In a subsequent interview on C.N.N. The president reiterated that we maintain the one trying our policy. And he hopes China. That time on won't declare independence . But he remained they . As to what we would do if Taiwan did declare independence and China. Attacked. So Madam president to remove the strategic ambiguity . Runs the risk of decreasing time on security . Rather than increasing it. And of eliminating the flexibility that we will need to determine how to respond in any given situation . Notwithstanding President Bush's efforts to clarify that the United States doesn't want Taiwan to declare independence . The new policy. Has the automatic impact. If it is in place. And if it is the declaration that was made of and bolding Taiwan . And frankly. Reducing our control over events . Although I've argued that we need to inject more clarity into our engagement with China . I personally believe that on this question. Our interests and China's. Are better served by the ambiguity that has existed . And would be better served by maintaining it not only deter the Chinese attack. But it discourages time on. Into misreading what the United States might do. President Bush has said that the United States has an obligation to defend Taiwan. Certainly we want to help Taiwan preserve and thriving democracy . And a robust growing economy . And I have said previously Madam President that I think this is enough of a message to the Chinese . That no American president could stand up. Idly by and watch. While that democracy that has been gained. Is set back . By force or otherwise. But never the last. We need to press both Taipei and Beijing. To reinvigorate the cross straits dialogue. Without any misinterpretations about our role. So let us be clear . The Taiwan Relations Act does not commit the United States. To come to the defense of Taiwan. In the event of an attack . The Taiwan Relations Act commits us to provide Taiwan. With the necessary military equipment to meet its legitimate self-defense needs . The arms package that the Bush administration just approved for a timeline. I believe is the right mix . And the right measure . And it will significantly increase the Taiwanese. Defensive capacities. I support that package . It may be the case that we would send American forces ultimately the timelines defense. If there were an attack Madam President . But that decision should not be made by an American president. In Advance. During a television interview . A decision of this magnitude . Which holds the potential for risking the lives of American military men and women should be made in response to the circumstances at the moment . On the ground in the air. And most importantly in consultation with the Congress of the United States. And do performance of its responsibilities . With respect to the gauge min of our forces overseas . I thank the chair. And I O. floor.

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  • 02:40:09 PM

    THE PRESIDING OFFICER

    Senator from Arkansas .

  • 02:40:13 PM

    MRS. LINCOLN

    Not impressed or not I would like to speak for fifteen minutes. Tonight .

  • 02:40:19 PM

    THE PRESIDING OFFICER

    . Junction solar . Thank you Madam President

  • 02:40:22 PM

    MRS. LINCOLN

    . Thank you Madam President . I rise today to introduce the Geriatric Care…

    . Thank you Madam President . I rise today to introduce the Geriatric Care Act of two thousand and one . A bill to increase the number of geriatricians in our country through training incentives and Medicare reimbursement for geriatric care . I'm proud to be joined in this effort today bassinet or Harry Reid of Nevada Senator Reid has been a pioneer in seeking out real. Commonsense solutions to the health care challenges facing our nation's seniors . In fact he has graciously allowed me to include in this bill components of a bill that he introduced during the last Congress . Moreover he has been an invaluable resource an ally. To me as I have grappled with the solutions to these challenges that we are seeking. Mr President. Madam President our country teeters on the brink of. Revolutionary demographic changes baby boomers begin to retire our. And Medicare. Begins to care for them. As a member of the Finance Committee and the Special Committee on Aging. I have a special interest in preparing health care providers and Medicare for the evitable. Aging of America . By improving access to geriatric care the jury at trick . Care Act of two thousand and one . Takes an important first step in modernizing Medicare for the twenty first century. The seventy six million baby boomers are aging . And in thirty years. Seventy million Americans will be sixty five years and older . They will soon represent. One fifth of the United States population . The largest proportion of. Older persons in our nation's history . Our nation's health care system will face an unprecedented strain as our population growth. Madam President. Our nation is simply. Ill prepared for what lies ahead. Demand for quality care will increase. And we will need physicians who understand the complex health problems. That aging. Inevitably brings. As seniors live longer. They face. Much greater risk of disease and disability. Conditions such as heart disease cancer. Stroke diabetes and also timers disease . A core. Occur more frequently as people age . The complex problems associated with aging require a supply of physicians was special training in geriatrics. Geriatricians are physicians who are first board certified in family practice or internal medicine . And then complete. Additional training. In geriatrics. Geriatric medicine provides the most comprehensive health care for our most vulnerable seniors . Geriatrics promotes wellness and preventive care . Helping to improve patients' overall quality of life. By allowing them greater independence and preventing . Unnecessary and costly trips to the hospital or institutions. Geriatric physicians also have a heightened awareness of the effects of prescription drugs. Given our seniors growing dependence on prescriptions. Is increasingly important . That physicians know how when and in what dosage to prescribe medicines for seniors . Frequently are older patients respond to medications in very different ways from younger patients . In fact. Thirty five percent of America's. Sixty five years and older experienced . Adverse drug reactions. Each year. According to the National Center for Health Statistics . Medications problems may be involved in as many as seventeen percent of all hospitalizations of seniors. Each year. Care Management provided by. Geriatrician will not only provide better health care for our seniors . But it will also save the cost of Medicare in the long term by a limit that adding more . More pressures . More costly medical care through hospitals and nursing homes. Quite clearly geriatrics is a vital thread. In the fabric of our health care system. Is specially in light of our looming demographic changes . Yet today there are fewer than one thousand certified geriatricians . In the United States. Of the approximately ninety eight thousand medical residents and fellowship positions supported by Medicare . In one thousand nine hundred ninety eight. Only three hundred and twenty four were in geriatric medicine and geriatric psychiatry . Only three medical schools. In the country. The University of Arkansas offer medical sciences in Little Rock being one of them. Only three has a department. Of geriatrics. This is remarkable when you consider that of. All one hundred twenty five medical schools in our country. Only three . Have areas. Of residency in geriatrics. As if that were not alarming enough the number of geriatricians is expected to decline dramatically in the next several years. In fact most of these doctors will retire just as the Baby Boomer generation becomes eligible for Medicare. We must reverse this trend and provide incentives to increase the number of geriatricians in our country. Unfortunately there are two barriers preventing physicians from entering geriatrics. Insufficient Medicare reimbursements for the provisions of geriatric care and. It adequate training dollars. And positions for geriatricians. Many practicing geriatricians find it increasingly difficult to focus their practice practice exclusively on older patients . Because of. Insufficient Medicare reimbursement. Unlike most other medical specialties geriatricians depend most. Entirely on Medicare revenues . A recent Med PAC report identified low Medicare reimbursement levels . As a major stumbling block to recruiting new geriatricians. Currently the reimbursement right for geriatricians is the same as it is for regular physicians. But the service is geriatricians provide are fundamentally different . Physicians to assess younger patients . Simply don't have to invest the same time that geriatricians must invest. Assessing the complex needs. Of elderly patients . Moreover chronic illness and multiple medications. Make medical decision making more complex and time consuming. Additionally planning for health care needs becomes more complicated. As geriatricians seek to include both patients and caregivers. In the process. We must modernize the Medicare fee schedule. To acknowledge the importance of geriatric assessment and care co-ordination in providing health care for our seniors. Geriatric practices cannot . Flourish. And these trends will not improve until we adjust the system. To reflect the realities of senior health care. The Geriatric Care Act I'm introducing today. Addresses the shortfalls. This bill provides Medicare coverage. For the twin foundations of geriatric practice. Geriatric assessment. And care co-ordination. The bill authorizes Medicare to cover. Cover these essential services for seniors . Thereby allowing geriatricians to manage medications effectively. To work with other health care providers as a team. And to provide necessary support for caregivers. The Geriatric Care Act. Also will remove the distancing of calls by the Graduate Medical Education cap. Established by the one nine hundred ninety seven Balanced Budget Act . As a result of this cap. Many hospitals have eliminated or reduced their geriatric training programs . The Geriatric Care Act. Corrects this problem by additional geriatric training slots in hospitals. By allowing hospitals to exceed the cap . Placed on their training slots. This bill will help increase the number of residents in geriatric training programs. My home state of Arkansas ranks. Sixth in the nation . In percentage of population sixty five and older . In a decade. We will Reich. Number third. In many ways. Our population. In Arkansas is a snapshot of what the rest of the United States will look like in the near future. All of us here today could share stories about the challenges faced by our parents our grandparents our families our friends our loved ones. As they continue with the passing years. These are the people who have raised us who have loved us who have worked for us and who have fought for us . Now it is our turn to work for them to fight for them. And this is where we must start . I asked my colleagues. To join me in support of this legislation to modernize Medicare . To support crucial. Geriatrics services for our nation's growing population of seniors. I also urge my colleagues . To recognize that this is only the beginning of what . I hope will be a grand overhaul of the way that we think about . And deliver care to our nation's. Elderly . There are many more things to discuss. And to address adult day care . Long term care insurance just to name a few. But it is essential that we begin soon. That we begin. Now. In preparing those individuals that we will need ten years from now . In order to be able to care for our aging population. In this nation . Madam President I would also. Like to submit three letters of support for this bill. Along with the list of organizations who support this. Important legislation and encourage. Colleagues. To recognize the. Unbelievable responsibility we have today . To prepare for the singers of tomorrow. I yield back the remainder of. Madam President . This is not about a president.

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  • 02:50:49 PM

    THE PRESIDING OFFICER

    is not about a president.

  • 02:50:51 PM

    MRS. LINCOLN

    I suggest the absence of a golden rule.

  • 02:50:52 PM

    THE PRESIDING OFFICER

    I suggest the absence of a golden rule. Do you think you will do . The eat…

    I suggest the absence of a golden rule. Do you think you will do . The eat . I am . To the out the a the F.A.A. you . To the at the end . The BE WILLING TO YOU . The but I am . The By the way the way . The be the be the end to the end . The be the end of the of the AI . illusion The only the big way to our way. The and. The Buddha out . The bit to the bit . Yeah . The but the it to the way to the way or the being a the elite. The but the but the S. To to to the BE to the but to the in to the evening . The Bow wow wow . You know the way the libs . The but the ng in a the am . Yeah you can you can you do . You do when laying in when you land . You eat . And when you do you . The Us. . You really . Yes . You knew the YOU YOU YOU YOU YOU YOU YOU . They are . League. As the Senate continues in this quorum call most of these business. And morning business because no agreement has yet been reached on the education bill that senators. Had hoped to be discussing this week. So we're going to take this opportunity to show you some comments from earlier. Of Senate Minority Leader Tom Daschle and Massachusetts Senator Edward Kennedy. On education funding. He spoke to reporters this morning. At the Capitol about this bill that's hoping to be considered this week by the Senate as Bill would authorize funding for the nine hundred sixty five. Elementary and Secondary Education Act. This briefing last about twenty minutes. Senator Kennedy and I just had a very good meeting with. Probably half our caucus. I called a meeting of. Interested senators to talk about education and. That we had a standing room only crowd . But that I think there's another indication of how important this bill is. To all of us. I understand that. Senator Gregg. Accused us of . Filibustering. A bill that he acknowledged was only eighty five percent complete. He must not have been aware that the White House was invited as down this afternoon . To talk about resolving the remaining fifteen percent higher have said at the beginning . I thought this was the model by which I hoped . Republicans and Democrats in the White House and Congress could work on future bills . Because I believe. We have made a lot of progress in working together and trying to resolve our differences and compromising where we where we can and. The final product is yet to be achieved but we're. I would acknowledge that that sort of start with an agreement was signed A GREAT. Eighty five percent of it may be complete. That is on the policy side we still have work to do on the funding side. With regard to find Dana I think it is important to put it in perspective . We're looking at the next fiscal year. And if you take what the Bush administration has proposed in tax cuts. And supported in tax cuts . The figure is sixty nine billion dollars for the next fiscal year . Thirty one billion of that sixty nine billion. Goes to the richest one percent of people in this country. Those are figures that's the analysis given to us on several occasions . But we're simply asking. Is eight point eight billion dollars for education and an increase the coming year. That's all we're asking . Eight point eight percent sixty nine billion. Now. This is from a president who. As. Said he wanted to be a president who left no which no children behind No Child Behind It. I don't know how you can avoid leaving children behind if you're not willing to make at least a fraction of the commitment to education . That he is already prepared to make to the wealthiest people in this country. So I think we've got to be cognizant of our priorities cognizant of the need to try to find some resolution here. And I must say I am encouraged by what I'm hearing . Even on the. The funding front and I'm hopeful that maybe the meeting this afternoon configurators a producer result. Let me just say what I think our goal should be. And I hope that Senator Kennedy will will clarify it if I would. I would hope that our goal could be that. Within this administration's term of office . The next four years . That we would be able to fully fund title one. That ought to be a simple. Everybody understands. That's what the governor say they need . That's what school districts tell us they really would want. More than almost anything . That's fully funded title one let's say that is our national goal. Republicans and Democrats alike . I don't think that's too much to ask. Especially given the other priorities. Already. Clearly demonstrated by this administration . So we're hopeful that we can accomplish that . And we're hopeful that we can resolve our differences but. Certainly no one would argue that we have to go to the code of the floor with a bill it's only eighty five percent complete. And be serious about it and and. I really don't think anybody would argue. Seriously that that's what we should do. How do you have a vote on a moving target what do you offer as an amendment. If you've got language still outstanding. You can't do that and I think people know that. But I'm very pleased that. my My leader on education and. Our ranking on member the Health Committee is with us. Let me ask if he has any additional comments to make taking a question like. The leader is exactly correct at the present time where only. Funding the title one program . Which is the federal government's program for the neediest children in this country of reaching a third of them . And with the kinds of reforms that have been included in the legislation which hopefully will be considered and hopefully passed . It. States clearly very in there that. Over the period of. The next ten years. Every child. Will be at the level of proficiency . They'll have basic kinds of skills in reading and math and eventually. In science and in English in other areas. And what we're talking about is to make sure that we are going to have the resources to give the supplementary services which are necessary for children . And to make sure we're going to be able to give help and assistance . To make sure we're going to have qualified teachers for the children and make sure that those kinds of additional help and assistance for the children. Are going to be there. And that's what. This is really all about and we're very hopeful that we'll be able to to work to work this out because the president said no child should be left behind . Making sure we have the full funding for the title one will make sure that no child is left behind so it's consistent with what the president . And it is also consistent with getting good strong accountability and consolidation of programs and . We're very hopeful we can get on with the legislation that really tells me that it may it was the right White House request but if they thought that this is a. Three o'clock meeting with Sandy Kress. It's a continuing. At their request will be here where all the other meetings have been upstairs and. In the library that's that was said yesterday . That's been a continuing process . We're hopeful hopeful that as a result of these conversations today you have the final proof we have an agreement in principle of. What we are in the process now of taking the idea of principle. Transforming it opposed to language and then into legislative language. We want to have the legislative language . Tell the tell tomorrow I imagine at the at the earliest. So it's difficult . As we're working through in the legislative language to think that we're going to be. Out to debating this measure but where we're hopeful that that will be completed in terms of . At least the instruction of the drafting by you tonight . But that doesn't. Still answer the question about whether we're going to get the . Commitment by the president. This is basically a fundamental issue for the president of the United States. To give the assurance. Not just to to the Democrats but they sure aren't says to the families . And insurance to the schools. We're going to have accountability for children. We're going to have accountability for schools. We're going to have accountability for parents. The fundamental question whether it's going to be accountability. By this president . And making sure that the resources are going to be there. In order to do the job that's what we're waiting to hear that funding are not funding. That's going to be the Green Line. Democrats right now . Going through the ages total of the the eight billion dollars is the total increase in the S.C.A.. That would provide additional kinds of resource and term day after school. Program in terms of. Good professional development. Safe and drug screen schools. Additional kinds of funding in terms of technology and. Additional kinds of that also includes the funding . In terms of developing the test the implementation of the tests all of that is included in that larger figure . There is the question then of as to exactly what has to be included in terms of reaching the next third. It's been estimated between five and six point two percent . But I think we could. Billion dollars. But I think it is safe to say is that you have a full funding for Title one. Over the period of these next four years . Is forty nine billion dollars . THE PRESIDENT So proposals are basically cost of living increases in the title one over the period of time. This would mean . The total cumulative. Would be. Forty nine billion dollars over the excuse me for you over during his term we talked about how his dollars. Want to put I don't think that all that said we're still working through . There are several issues as Senator Kennedy has already know the first is the policy . And we've got to resolve . The remaining policy questions which were reasonably confident that we can do . The second is finding that there really to. At least two categories there's title one and there are other. There are other priorities that we have talked about that we recognise we're going to have differences on issues of school construction and after school funding we will offer amendments and we'll see where that takes us. But on the initial funding agreement our hope is that we could get. As a an anchor for all the other funding . Decisions to be made and Ankur would be that we. Have full funding the first four years . In the next four years . Under this if you get her. For a vote. That's correct. This is your right. You can't get straight. It's comparable to your age when they're saying two point six . I would say that they're confident figure with what they have asked us not to tell what that figure is but if you . Now that you've said it. Now that you upset it . In which there are forty. Claims the following. Yes yes yes yes. All right. No but if you need more name or. He's out there leave the age of your own. The know the because the eight point eight includes that all of B.R.C.A. as you know . In the city of the title one. Program with. Around five hundred ninety two double that I mean you get an additional third you're talking about five nine to six two. To get the other third and then you'd have to increase that. Over. I believe it's about five billion dollars a year. It's effectively about five It happened in dollars. I give it to you last. I had it in the other room. . Michel As if the. Just if you want to read those numbers quickly . Gets effectively five not billion dollars a year . Over the next four years. That gets you. Cumulatively to forty nine billion dollars . I think Donna can give you precise way that's within one hundred to two with the right Donica. Stated that it would just give us the four years to figure can you read those. And the other. But practically no one here. The fact we think that part of the reason we are having so much difficulty in the funding is that there's no room for it because of the size of the tax cut allotted to to the by. For the coming year. I mean obviously if you had less of a tax code you'd have more room for investments and it goes back to the debate we had by the Senate floor just two weeks ago. So . But again I want to keep keep the rhetoric relatively cool I want I want. I really do want to see if we can resolve this. I don't want to make points politically I think it's critical we try to get this thing done and . We're not going to get things done if we lob bars at each other with we want to. We want to resolve it. Where you know they are very supportive our efforts I think that goes right here. And yes they know. I think it's fair to say we . The dog kidding aside we're we're we're a unified one on one two matters in particular. Number one that we really need reform can number two . If you're going to have reform. You've got to have the resources . And there is no question . Today . We don't have the resources to back up the reform effort. And if we are going to have the resources . You have an unfunded mandate that could actually make the problem worse not better. And so on those two issues and on the procedural questions . We reconfirmed this morning that our colleagues are with us. You know and I'm asleep. And they. Reasserted that is as we were breaking up today . There were. He called my attention in my opinion. I believe that we have to we want to move on to the bill. If we get the policy if we get the bill. The language. Agreed to . Then I think the time has come for us to get on to the bill and start voting and Harford amendments and . Move this process along. He's offering. The right. You know the. The figures. Four point six to two thousand to five point two two thousand and three two thousand five point four in two thousand and four two thousand and five is five point seven. That's cumulatively . It is forty nine . Comes to forty nine three million. Means. They are good years. There are the basic go through three. I think there are three point four percent increase. Which is of. Effectively. About a cost of living yet. He said the Premier League it's on. Is that we understand it and decide it can't it can be much more specific but we were hearing that some of our colleagues in the House side are not as an average with our accountability for patients. We think there has to be strong accountability if you want good results. And now we're told that some especially in the House side are bulking up. The accountability requirements in the bill. Not to mention the funding question . So . But again I think . In an effort to try to add to it to work through all of this. With the least amount of misunderstanding and I don't think it's appropriate for me to characterize the differences at this point except to say that. I hope that . Whether it's accountability or anything else . That's left to be resolved we can do so in a constructive way I'm confident we can do that second do you think. They had. This is the difference about it. You have an annual. Yearly Progress. That's established by the states . And there's a desegregation of various groups . To demonstrate about . Out of the children are going to make progress and. If you have some of these groups that are making the progress those. Reach the. Issues about whether you reach a failing school . And you have to take various different steps in order to revamp a curriculum. Or whether that will trigger and do the reorganization . In the restructuring of the schools with the option for children to be able to go to the other schools. They'd rather than considering it at least to understand if they want to be able to permit the state. If. Weight. The different groups differently . Which would result in different state. States. Every different results . Which I think would confuse the basic structure of accountability . And that isn't what we agreed to and. The. So we'll have to. We'll have to deal with it that would basically I think. Undermine in a very significant way. The. The basic agreement that we did have accountability so that that something will have to work on through but that's in the process of we've worked out . These other issues and I don't. I would hope that we would be able to be work out this one but it is a very important one and that was the one that the administration wanted us to go over last night on. And they. We were prepared to continue on. Discussing that last night and they wanted to recess. Till three o'clock this afternoon and we're accommodating them. You're going to go away you know what I think that. Brought enough to be I think people that I know that's. I think I've said enough about. About that if even if you come to me on a hoss and not a funny thing . By the end day. I visit your listeners can we in terms of getting warm getting. Traffic. I think you can give us a photo I would urge I don't think there's any conceivable way. Any conceivable way that we could deal with it tomorrow I don't mean people have to want to be able to read the language . And here we are moving as rapidly as we can on this. And the and. Those meetings have continued but I don't see how they can get the agreement tonight have a drafted and . At least have been for membership but there's no deal. There's no interest I've spent the better part of the last. Weeks of the break here. And those negotiations went on just about every single day and I don't think anyone missed a Crestor the representatives of the majority leader would feel that there's been on either side any dilatory action going . Well that's course. Senator Lott. Will make that decision but as Senator Kennedy said . Let's assume we try to. We can we are successful in resolving this remaining fifteen percent tonight . We still have to have legislative council put it in draft language we still have to circulate it. Everybody has the opportunity has to have the opportunity to be able to look at it. Before we before we. We make the motion to proceed so . I'm here and we're. We have our issues conference on Friday so that would seem to me that Monday would probably be the Seems to be able to take it in my mind. I mean . I know we have talked to the house members of each and every car smell of it will be Tim Roemer who have been with Mr Roemer carcinomas been down the White House five times. Only been down there twice and. An education. No but they they're working there's a whole working process for that going on down even if there's a whole working process that they've been involved in so we have been talking with them just about the exchange but they're not holding us. They're not we're in BASIC. I think harmony at least for the Democrats. Says that they're more. You sure you know what you want which is a. Well I haven't had much of an opportunity. Scuzz this with other people. My instinct is that the any review has been a positive thing it's been helpful. I mean I'm not I'm reluctant to to give it up without further thought. But I'd like to reserve the right to talk to more people who know much more about it than I did before make a final decision. Everybody for sellers worse when they tell me it's very well received very well received. I think is a caucus is concerned and . Hopeful that this matter can be resolved soon. Thanks to listen tax cuts Senate Republicans told the president yesterday I think you want. For a fee similar to the new religion. One point four was not feasible two weeks ago. I think that it's going to be very difficult for them to arrive at a number of of that magnitude but again that's what I've said. I've said all along it's not just the numbers that make a vote. Tax cut that we're looking closely at Broken speaker. Stuff. He's been meeting with the moderates and the and working very closely . But he asked under Breaux . Thanks if we return now to the Senate floor where lawmakers continue their quorum call . This is . To brown the Senate remains in this Corum Caldwell party leaders try to work out an agreement that would bring the. Education funding bill to the floor for debate . In the meantime we're going to show you a portion of this morning's Washington Journal. With Jonathan Kozol author of Ordinary Resurrections. He talked about education policy. During this segment which runs about forty five minutes. Jonathan Kozol is with us this morning he's an author and commentator. I started as a comic I spent most of my time. Hanging around with kids. With kids and what I like doing like. Well I visit children in public schools. I used to be a schoolteacher in fourth grade in fifth grade . And I spend as much time as I can and children in . One particularly good school in the South Bronx in New York. And also in Philadelphia and other. Other urban areas so your most recent book is just is out in paperback Ordinary Resurrections how many books have you written and. What are they about usually. I've written about ten books. Virtually all of them are about children. Usually young children. Inner city kids for the most part . I started out as a teacher in nine hundred sixty four teaching in a segregated public school in Boston and. I suppose I was very much a product of the civil rights days and I sort of stuck with those kids ever set. It seems like all of my books are about inner city kids the new book is about little children . Very young one six eight years old nine years old in a section of New York City called Mott heaven which is the poorest part of the South Bronx . Destitute kids . With a lot of medical problems a great deal as much pediatric as Ms Kamen and in that neighborhood. Good deal of. Loss of life. Because of homicide and. In the neighborhood and yet the kids are still at this wonderful age where they haven't yet been hardened tough and they're not cynical at all they're very sweet and lovable kids and my main problem since publishing the book. Is that all the well known grown ups. In America seem to want to go there with. Maybe meet each the children. You know so you have a big group . Yeah oh yeah lots and lots of people not simply. Happen to be Democrat not simply liberal Democrats but people from all political backgrounds to me if they can come and spend a couple days with the children and that's actually a problem because you don't want to put kids on display . You know what I mean you know and. But how then do you try to connect . The political situation with what you find in your schools. Well . That's sort of the question of my life. I try to do it. I come here to Washington and . I talk with members of Congress who my my their. Many members of Congress and members of the Senate . And I've worked with now for over thirty years. I played with for the policies that seem to me important. And then when my spiritual love at the end of the day. I get on the shuttle . And I run back to the Bronx to be with real children again and I. The kids cheer me up. Actually after I'm on Capitol Hill. Now you are here because of the education bill that may come before the Senate today. I am I met with a number of members of Congress last night and . I'm going to be at a press conference later this morning. Raising questions about the. Heavy emphasis President Bush is placing on standardized testing . That much I think is a mistake . In reading your thoughts about standardized testing did I read correctly that you feel that standardized testing actually has a physical harm. Force for kids. Well . I don't think I'd use the word physical I think that it's. I think that it's. Because first of all. I want to preface this by saying . Just because I grew up in the nineteenth sixty's I'm not a complete romantic. And I'm not one of these. Starry eyed . I see things that all testing is evil and wicked . Obviously we live in a competitive society I had to pass a test in order to get into Harvard College . And I actually had to pass a few to get out too so you know I want for kids to be able to enter this competition . So I'm not against testing across the board. But the. The emphasis on standardized testing and repetitive testing and so-called high stakes highly punitive testing. At this moment in our history . Has become obsessive and . Almost pathological to the degree that it's making kids sec . It's making kids you know little kids are no. I don't worry too much about eighteen year olds getting nervous before their college boards. I figure they're old enough to take it. But eight and nine year old children . Being up all night and throwing up . The cool as. They are about to take a single task the next morning which is going to determine whether they will be promoted to the fifth grade and . If they fail it. Knowing that they're going to be forced to go to summer school in the same hot air conditioned . Swallowed up city . In New York City that they have been going to last year. I mean that's a lot to put little children through I mean I don't think it's healthy for privileged kids either. I don't think it's good for any kids. I was well educated but thank God I was never forced to go to college years. To to live under this sort of of high stakes examinations and. I don't think it's healthy for any children you know parents in affluent suburbs. I read that link it gets this now. In one of the richest. Suburbs of New York City Scarsdale . Which is synonymous with. Excellent idea. Cation. Lot of the parents are boycotting the standardized exams and keeping their children home simply. As a moral protest even though their kids will do well in those exams. So I'm against it. Partly because I'm so close to the children . And I see the effect it has on them. I think it's premature . I think it's unhealthy. I think it's a regression. Just something that's reminiscent of Charles Dickens. Other . I would be knighted . Here of the past. But I'm also worried about testing . A simple. Basis of fair play . The little ones that I know . I didn't know I had everything that you and I would take for granted for our children I don't have kids but if I did they get no preschool. After all these years three quarters of the children in the Bronx. Are excluded from had stuck because there's not enough money. The president's not offering any more. So they excluded from preschool wealthy children meanwhile getting three years of preschool. Frequently a very good preschool to. Then they enter kindergarten and they'll often have thirty five children in their class who are as the privileged kids will have half that number. They go into first second third grade. And they have teachers who are so badly underpaying that after a couple of years they quit and go out to the suburbs . So after we've cheated them. From infancy through kindergarten through the first three years of school. Then Mr Bush proposes we give them a tough high stakes examination . To punish them not for their sins but I worse . To me that's not enlightened school reform . That's the way that. That's a kind of a kind of punitive hypocrisy . And I could do that. You know. Farmers know they don't . Fatten lamps. By weighing them . You Fat them both. Feeding them. And you don't teach children by testing them. Yeah. If we want. If . If the president would first say look I'm going to give two wonderful years of the headstock. To all the four children in America . And then. I'm going to give the poorest school districts enough money. So every kinda guy can have a wonderful experience teacher. With no more than sixteen children in the class and a nice soft carpet to sit on and do their last and. The way it ought to be . You know rocking chair. The teacher can sit to read stories. Pleasant atmosphere. And I'm going to make sure that those children never have more than eighteen kids in the class until fourth grade. He did that . And then said And the fifth year we're going to give them a tough test. I would say. Man that would be fair play but he's not doing that and that's why I oppose his policy. Question for John I think I was all first from Palisades Park New Jersey. Good morning I want to thank you my co-anchor for the gentleman . And I have to respect what you've done and. You have but you go. Far out what about that and that I think . I went through the Procul. I don't know I think it's better than I think I think that there were a little bit better . And we were taught that in the first grade. Second grade you could call it whatever you want. They ended I think. Do it . The way things are today you know or a good percentage are killed and I'm not able to read it after the eighth grade . The only way to happening in the future . But I give them the. OK And then I think it's a way of gauging are they learning . Or are they not going to Why are you people are not so opposed. But I thank You know I go up now. Well actually it's actually a reasonable question. I'm sure a lot of people are thinking that I . I don't think my position by the way is limited to. As he said people on the left I think this is a lot of mainstream people including many Republicans. I know share my concern about this. Especially. Well educated Republicans who who are worried about their own children being put through this . The fact of the matter is that our suburban public schools in America are still doing a very good job. They're not really in trouble he implied that nobody's learning to read in school kids in the wealthy schools in America . I still. Still doing very very well and they're cruising right on to Ivy League colleges without any worry. Their greatest worry is that they'll have to go to Yale instead of a good place like Harvard Yale something like that. They're doing. They're doing fine. This is really a color coded argument where people are really talking about when they say testing and. Not learning to read. Is in their city kids . America is too polite to say that. But that's what they really mean they really. This is really just guys conversation about black and Latino children . And the illusion here is that if we give them more tests we'll find out that . We'll find out what's wrong. But we already know what's wrong and we don't need to give a single test. I can tell you in advance which schools will get the worst scores in America. I can tell you. By the physical location of the school and how much the teachers in that school are being paid. How crowded the school is and how ugly the school building books. Just go Yeah but this is . You can. You know in advance that you will find those schools in the poorest sections of the South Bronx. East South Side Chicago . And I cost you right here in Washington and. West Philadelphia where I was yesterday. We know what it Van it's. We're not going to learn anything from more tests that we don't already know from the tests children are now being given the illusion here. Is that after we give the test. And we see the low school. Has something to change it. But we already know the problem why don't we change it now . We're already spending in America. Huge amount of money for testing. Did you know that how much . I know exactly how much I have it here. Education Week which is an authoritative journal for teachers . Says that we're now spending almost half a billion dollars. At the state level. Just as a standardized test just to prepare a standardized test every year. In addition to that. Several billion more . For the time that taken out of the school day . To administer the test. And in many schools that I know when I visit the Bronx. About a quarter of the year is given over to. Preparation for the tests because they also take practice tests due out all that up and that's a lot of money . To find the content of the test unfair . You know . The card it isn't unfair it's usually. The content of the new tests . That the president might propose won't be very different from the ones that are already given by the state of New York or Michigan or Massachusetts. But the point is it's a wasted time and wasted anxiety. It's like saying to these kids. We . We know you're in trouble we know your cost is too large. We know . You never got any. Preschool. We're not going to give you free school we're not going to give you a smaller class size. We're just going to be over the head with another test . It doesn't tell us anything. We don't already know . That's the problem. That's called Truth on hello . Good morning morning . You truly have my here on this morning thank you very much a question for C.-SPAN. About two years ago I want to close I believe you participated in that mine our you know on education. Yes that was with Bill Moyers was very interesting and I would be very happy to see the family here that . It was packed full I felt of real information from people who were working within the educational system . And from the children's point of view . I loved amazing as. The corpsman call has ended. We now return to the Senate floor. For the rest consented on Thursday immediately following the prayer. Journal proceed to be approved today . Morning RB deemed expired the time for the two leaders be reserved for their use later in the day. The Senate then begin a period of mourning visit tell Levon am with Senator speaking for up to ten minutes each with the following exceptions. Started Thomas or his designee have from ten to ten thirty. And Senator Durbin. Or his designee.

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  • 03:56:00 PM

    THE PRESIDING OFFICER

    From ten thirty to eleven am . Without a juncture in the several requests…

    From ten thirty to eleven am . Without a juncture in the several requests of the some of the most common will be granted. I

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  • 03:56:06 PM

    MR. NICKLES

    granted. I thank you Mr President for the information all senators is hope…

    granted. I thank you Mr President for the information all senators is hope the Senate can begin consideration of Senate bill. S.. One four nine . The Export Administration Act and approximately eleven A.M.. Therefore votes. Could occur during tomorrow's a session. In addition to go Sheehan's on the as. Education Bill are continuing and is still hoped an agreement can be reached prior to the end of the. week I miss present. If there is no further business to come before the Senate. I now as the Senate stand in a German. Under the previous order . Without

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  • 03:56:36 PM

    THE PRESIDING OFFICER

    . Without objection it is so our new Senate stands adjourned on of the…

    . Without objection it is so our new Senate stands adjourned on of the previous order until . Ten A.M. on Thursday the twenty second this year of Our Lord night. Two thousand

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Briefings for April 25, 2001

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115th Congress - Senate
Total Hours: 1930 (After 627 days)
  • Debate1138 Hours
  • Quorum Calls447 Hours
  • Votes321 Hours

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Source: Resume of Congressional Activity (senate.gov)