[Congressional Record Volume 149, Number 92 (Friday, June 20, 2003)]
[Senate]
[Pages S8301-S8305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BROWNBACK (for himself, Mr. Nelson of Florida, and Mr. 
        Nickles):

[[Page S8302]]

  S. 1303. A bill to amend title XVIII of the Social Security Act and 
otherwise revise the Medicare Program to reform the method of paying 
for covered drugs, drug administration services, and chemotherapy 
support services; to the Committee on Finance.
  Mr. BROWNBACK. Mr. President, I rise today for the purpose of 
introducing the Quality Cancer Care Preservation Act. This bill is 
aimed at sending reinforcements to those on the front lines of the war 
on cancer. While there are millions of researchers, policy makers, and 
advocates fighting against cancer around the country, we cannot forget 
that the real battles are won in the cancer center, where the care is 
delivered. The war on cancer will be won by nurses, patients, and 
physicians--one survivor at a time.
  For years, bureaucrats at Medicare have overpaid for cancer drugs, 
but underpaid for cost of administering the therapy. Unfortunately, 
many in Washington have advocated fixing the overpayment for the drugs 
and ignored the underpayment for administering the drug. Well, as any 
cancer patient knows, while cancer therapies may be a miracle, it is 
the oncology nurses that are the angels. That is why my colleagues and 
I are offering this legislation, which we believe will bring about fair 
reimbursement for chemotherapy drugs and administration.
  I know that the managers of this bill have committed to work with, 
and are working with the cancer community to find a reasonable solution 
to this issue in the context of the Medicare bill that is on the floor. 
On behalf of cancer patients around the country, I thank my colleague 
for their dedication. I also thank my friend from Oklahoma for his 
comments during the markup of S. 1 and for his dedication to ensure 
proper reimbursement for cancer treatment.
  My hope in introducing this bill at this time is that it can serve to 
help my colleagues in their pursuit of fair reimbursement.
  With that, I thank my colleagues.
                                 ______
                                 
      By Ms. SNOWE (for herself and Ms. Mikulski):
  S. 1304. A bill to improve the health of women through the 
establishment of Offices of Women's Health within the Department of 
Health and Human Services; to the Committee on Health, Education, 
Labor, and Pensions.
  Ms. MIKULSKI. Mr. President, I rise to introduce the Women's Health 
Office Act with my colleague, Senator Olympia Snowe. The Women's Health 
Office Act authorizes and strengthens women's health offices or 
officers at Federal health agencies in the Department of Health and 
Human Services. This legislation will make sure that men and women get 
equal benefit from Federal investments in medical research and health 
care services.
  Today, doctors, scientists, Members of Congress, and the American 
public know that women and men have different bodies and different 
health care needs. Diseases like ovarian cancer and endometriosis 
affect only women. High blood pressure is two to three times more 
common in women than men. Women are four times more likely to develop 
osteoporosis than men. The number of uninsured women has grown three 
times faster than the number of uninsured men over the past 5 years. 
Women make three-quarters of all health care spending decisions for 
themselves and their families.
  For decades, despite these differences, men's health needs set the 
standard for our health care system and our health care research 
agenda. Women were systematically excluded from medical research 
because decisionmakers said that our hormone cycles complicated the 
results. One study on heart disease risk factors was conducted on 
13,000 men--and not 1 woman. But the results of studies like these were 
applied to both men and women. This neglect put women's health and 
lives at risk.
  That's why my colleagues and I took action. More than a decade ago, I 
worked with Olympia Snowe, Ted Kennedy, Tom Harkin, and other women in 
the House to get an Office of Research on Women's Health at the 
National Institutes of Health, NIH. In 1993, I worked with these same 
women and Galahads in Congress to make sure that the women's health 
office would stay at NIH by putting it into law.
  This office at NIH has made a real difference in how women are 
treated for certain illnesses. We now know that men and women often 
have different symptoms before a heart attack. Women's symptoms are 
more subtle, like nausea and back pain. Knowing these systems means 
women can get to the hospital sooner and can be treated earlier. 
That's turning women's health research into life-saving information.

  I am proud that there are now women's health offices or officers at 
nearly every Federal health agency at the Department of Health and 
Human Services. Like the one at NIH, women's health offices mean that 
women's health needs are always at the table. These offices at the Food 
and Drug Administration, (FDA), the Centers for Disease Control and 
Prevention, (CDC), and the Health Resources and Services 
Administration, (HRSA) make sure women are included in clinical drug 
trials, reach out to low-income and minority women to make sure they 
are getting vaccines and cancer screenings, and work with health care 
providers to put research on women's health into practice. Recent 
questions about the risks and benefits of mammography and hormone 
replacement therapy remind us that women's health offices are as 
important as ever.
  Right now, many of these offices and the important work they do could 
be eliminated or cut back without the consent of Congress. That is why 
this bill is so important. This bill would put women's health offices 
into our Nation's law books.
  The Women's Health Office Act does more than protect the status quo. 
It keeps us moving forward on women's health. It gives women's health 
offices a clear, consistent framework throughout the Department. By 
writing them into law, it gives women's health offices the stature they 
need to be strong, effective advocates for women's health within the 
Federal Government. This legislation coordinates women's health 
activities within each agency, to identify needs and set goals. The 
women's Health Office Act centralizes overall coordination throughout 
the Department of Health and Human services, to clarify lines of 
accountability and chart a clear course on women's health. Finally, it 
authorizes funding for these women's health offices or officers, to 
make sure that we put our Nation's priorities in the Federal checkbook 
as well as the Federal law books.
  This bill has strong bipartisan support. During the 107th Congress, 
the Women's Health Office Act passed the Senate Health, Education, 
Labor, and Pensions, HELP, Committee unanimously as part of a 
comprehensive women's health bill that would have expanded women's 
health research and improved women's access to health care. It also 
passed the House of Representatives overwhelmingly during the 107th 
Congress. I am disappointed that Congress was not able to pass this 
bipartisan legislation, but I am hopeful that last year's momentum will 
help us get to women's Health Office Act signed into law this year.
  I would like to thank Senator Olympia Snowe for leading the way on 
this important legislation. As Dean of the Senate women, I will 
continue to fight to get this bill signed into law and to make progress 
to improve the health of American women.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Hatch, Mr. Baucus, Mr. Conrad, 
        Mr. Breaux, Ms. Snowe, Mrs. Lincoln, and Mr. Smith):
  S. 1305. A bill to amend the Internal Revenue Code of 1986 to provide 
for the treatment of certain motor vehicle dealer transitional 
assistance; to the Committee on Finance.
  Mr. BINGAMAN. Mr. President, I am introducing legislation today with 
Senators Hatch, Baucus, Conrad, Breaux, Snowe, Lincoln and Smith that 
will provide thousands of our Nations' automobile dealerships with 
needed additional flexibility to re-invest franchise termination 
payments so that taxes are not unfairly imposed. This legislation has 
bipartisan support in both the House and the Senate and was included in 
the Chairman's modified mark in last year's small business tax bill.
  At the end of 2000, GM notified their 2,801 Oldsmobile dealers that 
they were phasing out the 100 year-old Oldsmobile brand and its 
complete line-up of vehicles shortly after the dealers had signed a new 
agreement with a commitment of up to five years on this

[[Page S8303]]

product line. With this surprising elimination of the Oldsmobile 
product line, many family-owned dealerships are facing an increased 
threat to the viability of other product lines at their dealerships 
and, in some cases, a complete loss of their business.
  GM is in the process of compensating these dealers to minimize the 
impact, as many of these dealers are facing a significant and 
previously unforeseeable financial burden, through no fault of their 
own, in connection with their efforts to continue in the automobile 
retail business. The legislation we are introducing today seeks to 
lessen that burden by allowing these dealerships up to two years to re-
invest their GM's financial assistance payments in other dealership 
properties and defer payment of taxes under IRC Section 1031. Under 
current law, the dealerships would only have 6 months to identify and 
purchase a similar business or property. This time restriction would 
make it difficult, if not impossible, for most of these businesses to 
re-invest these payments because, as is the case with most franchises, 
there are very few businesses or investments that are similar enough to 
be considered ``like kind'' and hence qualify for tax deferral. The 
failure to do so results in the owner paying taxes on the payment, even 
if they are ultimately re-invested in a business that would have 
qualified. Since the dealers did not want to forfeit their rights to 
sell Oldsmobiles, this seems like a particularly harsh result.
  In rural States like New Mexico, family-owned businesses supply the 
majority of jobs and services in the State. This legislation gives 
these small businesses an opportunity to continue their family-owned 
businesses and, at the same time, give a boost to the local economy. I 
look forward to working with my colleagues on advancing this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1305

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MOTOR VEHICLE DEALER TRANSITIONAL ASSISTANCE.

       (a) In General.--For purposes of subtitle A of the Internal 
     Revenue Code of 1986, in the case of a taxpayer who elects 
     the application of this section and who was a party to a 
     motor vehicle sales and service agreement with a motor 
     vehicle manufacturer who announced in December 2000 that it 
     would phase-out the motor vehicle brand to which such 
     agreement relates--
       (1) amounts received by such taxpayer from such 
     manufacturer on account of the termination of such agreement 
     (hereafter in this section referred to as ``termination 
     payment'') are considered to be received for property used in 
     the trade or business of a motor vehicle retail sales and 
     service dealership, and
       (2) to the extent such termination payment is reinvested in 
     property used in a motor vehicle retail sales and service 
     dealership located within the United States, such property 
     shall qualify as like-kind replacement property to which 
     section 1031 of the Internal Revenue Code of 1986 shall apply 
     with the following modifications:
       (A) Such section shall be applied without regard to 
     subparagraphs (A) and (B)(ii) of subsection (a)(3).
       (B) The period described in section 1031(a)(3)(B) of such 
     Code shall be applied by substituting ``2 years'' for ``180 
     days''.
       (b) Rules for Election.--
       (1) Form of election.--The taxpayer shall make an election 
     under this section in such form and manner as the Secretary 
     of the Treasury may prescribe and shall include in such 
     election the amount of the termination payment received, the 
     identification of the replacement property purchased, and 
     such other information as the Secretary may prescribe.
       (2) Election on amended return.--The Secretary of the 
     Treasury shall permit an election under this section on an 
     amended tax return for taxable years beginning before the 
     date of the enactment of this Act.
       (c) Statute of Limitations.--Notwithstanding the provisions 
     of any other law or rule of law, the statutory period for the 
     assessment for any deficiency attributable to any termination 
     payment gain shall be extended until 3 years after the date 
     the Secretary of the Treasury is notified by the taxpayer of 
     the like-kind replacement property or an intention not to 
     replace.
       (d) Effective Date.--This section shall apply to amounts 
     received after December 12, 2000, in taxable years ending 
     after such date.

  Mr. BAUCUS. Mr. President, I am proud to support Senator Bingaman's 
legislation to ensure equitable tax treatment for Oldsmobile dealers 
impacted by General Motors' sudden decision to eliminate the Oldsmobile 
from its product line. General Motors did agree to partially compensate 
Oldsmobile dealers for their loss.
  Senator Bingaman's bill ensures that like-kind exchange treatment, 
which defers the gain on the exchange of business or investment 
property until it is ultimately sold, is also available for motor 
vehicle dealers who receive payments when the brand of automobile they 
carry is eliminated by the manufacturer. The proposal allows such 
reinvested payments to be treated as a like-kind exchange of property 
if exchanged within 2 years from receipt of the payments, thus 
deferring the tax consequences. As such, the proposal encourages 
capital investment by recognizing that a longer period of time is 
required for dealers to obtain a new franchise or establish a new car 
sales business.
  The manufacturer, not the automobile dealer, makes the unilateral 
decision to eliminate vehicle brands. Nonetheless, the dealer is the 
one who invests years of hard work in bringing a particular brand to 
his or her local community. When a manufacturer decides to eliminate a 
brand, many family-owned dealerships face a complete loss of business 
as well as an increased threat to the viability of other brands located 
in the same facility.
  Approximately one-third of the 2,801 Oldsmobile dealers across the 
country are expected to reinvest the GM payments into another franchise 
or other retail motor vehicle sales business. Many of the 27 Oldsmobile 
dealers in Montana have expressed their interest in reinvesting the GM 
payments they received, if this legislation becomes law. These 
Montanans have been stripped of a source of income at a time when the 
economy is not too forgiving.
  I urge my colleagues to support this important legislation.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mrs. Feinstein):
  S. 1306. A bill to introduce the efforts of the California Missions 
Foundation to restore and repair the Spanish colonial and mission-era 
missions in the State of California and to preserve the artworks and 
artifacts of these missions, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mrs. BOXER. Mr. President, I am pleased to be introducing a bill 
today that will provide the necessary resources to protect the 21 
historic California missions for future generations. I am pleased to be 
joined in this effort by my colleague from California, Senator 
Feinstein.
  The California missions represent some of our Nation's oldest 
historical treasures. Furthermore, they are important illustrations of 
the historical, cultural and architectural heritage of the State of 
California. Yet, until recently, little had been done to preserve the 
missions and their artifacts. They are in dire need of structural 
repair and restoration.
  The California missions are the most visited historic attractions in 
the State, drawing more than 5 million tourists a year. The missions 
also serve an important role in educating our children in the history 
and the early settlement in California. We must make restoration and 
protection of the missions a priority.
  In 1998, the California Missions Foundation, a charitable 
corporation, was established in the State of California to fund the 
restoration and repair of the California missions and the preservation 
of the Spanish colonial and mission-era artworks and artifacts of the 
California missions. The Foundation is leading a statewide campaign to 
raise funds to repair the missions and preserve their precious artworks 
and artifacts. But they need help.
  My legislation would provide $10 million for the restoration of the 
California missions through a Department of the Interior grant program 
to be administered over 5 years. These funds would supplement the 
private and State funds that have been dedicated to preservation of the 
missions.
  The House version of the bill has been introduced by Representatives 
Sam Farr and David Dreier. It has the support of a majority of the 
California congressional delegation. It is my hope that this 
legislation can move forward quickly, so we can restore and protect 
these national treasures.

[[Page S8304]]

  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``California Missions 
     Preservation Act''.

     SEC. 2. FINDINGS.

        Congress finds the following:
       (1) The California missions represent some of our Nation's 
     oldest historical treasures.
       (2) The first of the California missions was founded in 
     1769, and eventually a chain of 21 missions and various sub-
     missions extended along the coast of California on El Camino 
     Real.
       (3) The California missions contribute greatly to the rich 
     historical, cultural, and architectural heritage of 
     California and the American West.
       (4) The knowledge and cultural influence of native 
     California Indians made a lasting contribution to the early 
     settlement of California and the development of the 
     California missions.
       (5) More than 5,300,000 people visit the California 
     missions annually, and the historical importance of the 
     California missions extends worldwide as they have become a 
     frequent destination for foreign visitors to the United 
     States.
       (6) The history of the California missions is an important 
     educational component in California schools, and the study of 
     the California missions is part of the Statewide fourth grade 
     curricula on California history.
       (7) Restoration and repair of the California missions, and 
     the preservation of the Spanish colonial and mission-era 
     artworks and artifacts of the California missions, for the 
     public enjoyment will ensure that future generations also 
     have the benefit of experiencing and appreciating these great 
     symbols of the spirit of exploration and discovery in the 
     American West.

     SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVATION OF THE 
                   CALIFORNIA MISSIONS.

       (a) Definitions.--In this section:
       (1) California missions.--The term ``California missions'' 
     means the following historic Spanish missions located in the 
     State of California and designated as California Registered 
     Historical Landmarks:
       (A) Mission La Purisima Concepcion, Lompoc.
       (B) Mission La Soledad, Soledad.
       (C) Mission San Antonio de Padua, Jolon.
       (D) Mission San Buenaventura, Ventura.
       (E) Mission San Carlos Borromeo del Rio Carmelo, Carmel.
       (F) Mission San Diego Alcala, San Diego.
       (G) Mission San Fernando Rey de Espana, Mission Hills.
       (H) Mission San Francisco de Asis, San Francisco.
       (I) Mission San Francisco Solano, Sonoma.
       (J) Mission San Gabriel Arcangel, San Gabriel.
       (K) Mission San Jose, Fremont.
       (L) Mission San Juan Bautista, San Juan Bautista.
       (M) Mission San Juan Capistrano, San Juan Capistrano.
       (N) Mission San Luis Obispo de Tolosa and its Asistencia 
     (sub-mission) of Santa Margarita de Cortona, San Luis Obispo.
       (O) Mission San Luis Rey de Francia and its Asistencia 
     (sub-mission), Oceanside.
       (P) Mission San Miguel Arcangel, San Miguel.
       (Q) Mission San Rafael Arcangel, San Rafael.
       (R) Mission Santa Barbara Virgen y Martir, Santa Barbara.
       (S) Mission Santa Clara de Asis, Santa Clara.
       (T) Mission Santa Cruz, Santa Cruz.
       (U) Mission Santa Ines Virgen y Martir, Solvang.
       (V) Asistencia San Antonio de Pala, Pala.
       (2) California missions foundation.--The term ``California 
     Missions Foundation'' means the charitable corporation 
     established in the State of California in 1998 to fund the 
     restoration and repair of the California missions and the 
     preservation of the Spanish colonial and mission-era artworks 
     and artifacts of the California missions. The Foundation is 
     exempt from State franchise and income tax and is organized 
     and operated exclusively for charitable purposes under 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Grants Authorized.--The Secretary of the Interior may 
     make grants to the California Missions Foundation to support 
     the efforts of the California Missions Foundation to restore 
     and repair the California missions and to preserve the 
     artworks and artifacts associated with the California 
     missions. As provided in section 101(e)(4) of the National 
     Historic Preservation Act (16 U.S.C. 470a(e)(4)), the 
     Secretary shall ensure that the purpose of a grant under this 
     section is secular, does not promote religion, and seeks to 
     protect those qualities that are historically significant.
       (c) Application.--In order to receive a grant under this 
     section for the preservation of the California missions, the 
     California Missions Foundation shall submit to the Secretary 
     an application that includes--
       (1) a status report on the condition of the infrastructure 
     and artifacts for each of the California missions; and
       (2) a comprehensive program for restoration, repair, and 
     preservation of such infrastructure and artifacts, including 
     prioritized preservation efforts to be conducted over a 5-
     year period and the estimated costs of such preservation 
     efforts.
       (d) Matching Fund Requirement.--The Secretary shall require 
     the California Missions Foundation to match grant funds 
     provided under this section.
       (e) Report.--As a condition of a grant under this section, 
     the California Missions Foundation shall submit to the 
     Secretary an annual report on the status of the preservation 
     efforts undertaken using grant funds provided under this 
     section. The Secretary shall submit a copy of each report to 
     Congress.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary a total of $10,000,000 
     during the five-fiscal year period beginning October 1, 2003, 
     to make grants under this section. Funds appropriated 
     pursuant to the authorization of appropriations in this 
     section shall be in addition to any funds made available for 
     preservation efforts in the State of California under the 
     National Historic Preservation Act.
                                 ______
                                 
      By Mr. SMITH:
  S. 1307. A bill to authorize the Secretary of the Interior, acting 
through the Bureau of Reclamation, to assist in the implementation of 
fish passage and screening facilities at non-Federal water projects, 
and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. SMITH. Mr. President, today I am introducing legislation to 
provide the Bureau of Reclamation, an agency of the Department of the 
Interior, with limited off-site mitigation authority in the Columbia 
River Basin. This legislation, if enacted, would enhance Reclamation's 
ability to comply with the provisions of the December 2000 biological 
opinion for operations of the Federal Columbia River Power System.
  This legislation is similar to an Administration proposal that was 
submitted to the Congress on October 30, 2002, but never introduced 
during the 107th Congress. Prior to the introduction of this bill, I 
have sought comments from numerous stakeholders in the Pacific 
Northwest and have addressed any concerns raised whenever possible.
  While there has been a recent court ruling on the 2000 biological 
opinion that found certain aspects of the opinion to the arbitrary and 
capricious, it is important to move forward with the reasonable and 
prudent alternatives, including fish passage improvements. The 
Administration is currently working to address the deficiencies in the 
biological opinion. I remain committed to working with my colleagues, 
the Northwest governors, and the Administration to keep salmon recovery 
on track, while preserving the multiple benefits for the Pacific 
Northwest of the Federal Columbia River Power System.
  The good news in our region is that over the past few years there 
have been robust salmon runs on the Columbia and Snake Rivers. 
Promising new technologies, such as removable spillways, have also been 
tested in recent years. I know that the Administration remains 
committed to taking actions throughout the salmon's life cycle to 
recover salmon runs in the Columbia and Snake Rivers. This important 
legislation, if enacted, will provide yet another tool in addressing 
the complex issues of salmon recovery. I urge my colleagues to join me 
in supporting this legislation, and will press for its consideration in 
a timely manner.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Smith):
  S. 1308. A bill to authorize the Secretary of the Interior to pursue 
and complete actions related to the implementation of a U.S. District 
of a U.S. District Court Consent Decree; to the Committee on Energy and 
Natural Resources.
  Mr. WYDEN. Mr. President, I rise today to introduce the Savage Rapids 
Dam Act of 2003, for myself and my friend and colleague from Oregon, 
Senator Gordon Smith.
  This legislation is another good example of the Oregon way: bringing 
together varied interests to get win-win results for all stakeholders. 
Born out of controversy concerning the detrimental effects of the 
Savage Rapids Dam on fish passage and survival, this legislation is now 
supported by the Grants Pass Irrigation District, Waterwatch, Oregon's 
Governor, Trout

[[Page S8305]]

Unlimited, and various Oregon river guide and sport fishing concerns.
  This legislation simply authorizes the Secretary of Interior, acting 
through the Bureau of Reclamation, and the Secretary of Commerce, 
acting through National Oceanic and Atmospheric Administration 
Fisheries, to undertake activities identified for Federal 
implementation, including construction, in accordance with U.S. 
District Court Consent Decree ``United States, et al., v. Grants Pass 
Irrigation District, Civil No. 98-3034-HO'', August 27, 2001.
  This legislation has been years in the making. Senator Smith and I 
introduced a related measure in the 106th Congress. As we return to 
this legislation in the 108th Congress, I look forward to working with 
my colleagues in the Senate and the stakeholders at home to make this 
legislation and this process work for the Grants Pass Irrigation 
District and the environment.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1308

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. 1. AUTHORIZATION TO PARTICIPATE IN IMPLEMENTATION OF 
                   CONSENT DECREE.

       The Secretary of the Interior, acting through the Bureau of 
     Reclamation, and the Secretary of Commerce, acting through 
     National Oceanic and Atmospheric Administration Fisheries, 
     are hereafter authorized to implement, and enter into 
     financial assistance or other agreements as may be necessary 
     to undertake activities identified for Federal implementation 
     (including construction) in accordance with U.S. District 
     Court Consent Decree ``United States, et al., v. Grants Pass 
     Irrigation District, Civil No. 98-3034-HO'' (August 27, 2001)

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this Act.
                                 ______
                                 
      By Mrs. LINCOLN (for herself and Mr. Pryor):
  S. 1309. A bill to provide emergency assistance to producers that 
have suffered crop losses due to disasters; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mrs. LINCOLN. Mr. President, I rise today to introduce the Emergency 
Agriculture Assistance Act of 2003 on behalf of farmers throughout the 
state of Arkansas.
  Last month, my State was hit with devastating storms that produced at 
least three dozen tornadoes and as much as 20 inches of rain fall. 
These natural disasters occurred at the worst possible time for 
farmers, at the beginning of the planting season, when they need to get 
their crops into the ground.
  This is a particularly vulnerable time for farmers, since freshly 
planted crops are highly susceptible to severe weather conditions.
  A single day of heavy rains and high winds can undo a months worth of 
hard work, forcing producers to start over from scratch and replant 
entire fields or even entire farms.
  Recently I was home in east Arkansas and saw much of this damage 
firsthand. To take just one example: In Mississippi County in northeast 
Arkansas, where Clark Long farms with his two sons, Clark Jr. and 
Nathan, 11 inches of rain fell in a two day period. As a result, the 
Longs were forced to replant 1400 cotton acres. Other farmers I have 
talked to are on their second or even third plantings.
  Similar conditions abound throughout Mississippi County and northeast 
Arkansas, where historic planting deadlines have now passed. As a rule 
of thumb, a cotton farmer wants to have his crop planted no later than 
May 20th in order to maximize yields and to avoid having to harvest his 
crop in October. Farmers can typically expect yield reductions of up to 
two percent per day beyond this deadline, since late crops are 
generally more susceptible to weed and insect infestation and harsher 
weather conditions.
  Cotton farming, as well as farming commodities such as soybeans, 
wheat, and rice, is an expensive and labor intensive process. These 
severe weather conditions exacerbate that situation greatly and place 
our farmers at serious risk.
  We're going to monitor conditions throughout the year, guarding 
against further threats from severe weather, such as further tornadoes 
or even drought.
  I urge my colleagues to join Senator Pryor and me in passing this 
bill and protecting our farmers in this time of need.
  Mr. PRYOR. Mr. President, I rise today along with my good friend and 
colleague from Arkansas, Senator Lincoln, in support of the Emergency 
Agricultural Assistance Act of 2003 to assist those in the agriculture 
community who have been devastated by natural disaster across our 
country.
  I hold in my hand a June 19th article from the Arkansas Democrat-
Gazette that describes one of the countless stories of farmers across 
my State and the hardships they have faced due to unusually large 
amounts of rainfall their farms have received during the absolute worst 
possible time. In the past month, some areas have received in excess of 
twenty inches of rain. Arkansas, along with many other States across 
the Midwest and South, has been pelted continuously by rain and 
numerous tornadoes. As many as three dozen tornadoes have touched down 
in Arkansas alone. Bob Bevis, a farmer in Lonoke County, AR hasn't been 
able to work for three weeks due to soggy fields. In the meantime, 
wheat crops that were expected to bring record yields rot in the field, 
waiting for water to recede before the wheat can be harvested. Over 
fifty percent of Arkansas' wheat crop remains in the field, and with 
every passing day, the prospects for a successful harvest of wheat 
diminish. If current weather conditions abate, our farmers may be able 
to harvest five hundred fifty thousand acres, the lowest total in over 
seventeen years.
  The harvest of winter wheat has been greatly affected by weather. But 
winter wheat, generating $112.1 million in sales last year, represents 
only the fourth largest field crop in Arkansas. Rice, soybeans, and 
cotton represent our top three field crops. During the time wheat is 
being harvested, these other crops are being planted. Thus, while wheat 
has been affected, soybeans, cotton, rice, and numerous other crops 
have been devasted just as they are being put into the ground. Fields 
are under water. Crops that were planted early have been wiped out. 
Over 1.3 million acres of farmland across Arkansas have been affected 
by the excessive rainfall. Many of these acres had to be replanted, and 
just as quickly as our farmers began to have hopes of a decent crop, 
those hopes were dashed by disasters beyond their control. As you and 
many of our colleagues know, this is the critical time for planting 
crops. The later crops get in the ground, the later they will be 
harvested. The later they are harvested, the greater the chance insect 
problems, weed problems, and a whole host of other problems will damage 
these crops become likely. Yields will be dangerously low. Our farmers 
cannot suffer this burden alone. Our farmers provide our citizens 
around the country with an abundant food supply, greater than any other 
country in the world. We have the safest, least expensive food in the 
world, because farm families who are suffering through excessively 
tough times now work from dawn to dusk in the fields to make sure that 
we do. As a country, and as a government, I hope that my colleagues 
will show these dedicated Americans the support they deserve. They need 
our help, and they have asked for our help. I consider this a matter of 
national and homeland security, and I hope that my colleagues will see 
it this way as well.
  This bill will provide farmers in disaster areas designated by the 
President who experience a thirty-five percent yield loss with disaster 
assistance. I would like to thank my colleague from my home state for 
her hard work and collaboration on this bill. I look forward to working 
with my colleagues to ensure our farmers get the support and help they 
need to keep America's food supply safe, inexpensive, and the best in 
the world.




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