Congressional Record, Volume 149 Issue 131 (Tuesday, September 23, 2003)

[Congressional Record Volume 149, Number 131 (Tuesday, September 23, 2003)]
[Senate]
[Pages S11784-S11826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
2004--Continued

Mrs. BOXER. Mr. President, I ask unanimous consent that the pending
amendment be temporarily laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 1753

Mrs. BOXER. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from California [Mrs. Boxer] proposes an
amendment numbered 1753.

Mrs. BOXER. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To strike section 333 relating to a special judicial appeals
process for cases involving timber harvesting in the Tongass National
Forest)

Strike section 333.

Mrs. BOXER. Mr. President, the amendment I offer today is to strike
section 333 from the Interior appropriations bill. Essentially, section
333 is an anti-environmental rider which would impose a 30-day statute
of limitations for the public to seek judicial review of certain Forest
Service timber sales in the Tongass National Forest in Alaska. In other
words, it is putting on very tough time constraints for the public to
follow if they have a problem with timber sales in the Tongass.
I want to show you a little bit of what the Tongass Forest looks
like. I was very fortunate to spend a week in Alaska looking at this
magnificent park. I think I may well have been right in this area
depicted in the photo. You can see how magnificent these pictures are
and why this rider could be so

[[Page S11785]]

damaging. If there was, say, some movement by the Forest Service to cut
down trees and put roads in here, we want the public to have a chance
to make their case to a court as to why this is not the right thing to
do. So that is one photo. I will show you some other photos.
This photo represents the area we are talking about. As I said, I had
the joy of being in Alaska to actually see this with my own eyes. It is
so magnificent there. When I was there, of course, daylight lasted
until about midnight. You can see this beautiful land.
I will show you one more beautiful photograph. Again, what we are
talking about is an anti-environmental rider which would take away the
public's right to go to court if they believed some of these lands were
going to be destroyed. The other thing the amendment does is it
interferes with the ability of the Federal district court to manage its
docket because that section also puts a deadline on the court. So it
not only puts a deadline on the people in terms of their inability to
study timber sales, it says to a judge who may have a very busy docket
that he or she has to act on this case in 180 days.
The Tongass National Forest is the last remaining old-growth
temperate rain forest in the world, spanning nearly 70 acres. You have
seen it here with some of these beautiful photographs. It is the crown
jewel of America's natural forests, and conservation is very much in
the interest of all Americans because it is our land and we are the
stewards of that land.
When I was up there, I saw glaciers, mountains, growths of hemlock
and cedar that grow to be over 200 feet tall. The trees can live as
long as a thousand years. I am not a person large in stature anyway,
but when you see some of this beauty and realize how comparatively weak
we are to the forces of nature, it seems to me when we have a
magnificent national forest such as this, at the minimum you don't
change the rules just for this one forest. It does not seem right.

The species that thrive in this forest include the brown bear--I saw
some of those--bald eagles--and I saw some of them. I did not see gray
wolves and wolverines, but I am told they are there. And there are lots
of salmon.
We have this temperate rain forest. It is really a jewel. We want to
make sure that, at the minimum, there is a check and balance in the
courts if somebody feels or a group feels or a resident feels they are
not being protected enough.
We are not telling the court they cannot make a decision that favors
cutting down trees or building roads. We are just saying don't contract
the time. It does not seem right.
I am going to read parts of letters I have seen. This is one from a
couple who is very upset about this anti-environmental rider. They are
owners of the Clover Bay Lodge, a fishing lodge on Prince of Wales
Island in the Tongass. They write:

We recently received a bad decision from the U.S. Forest
Service that will probably mean the end of our very
successful fishing lodge business. The Forest Service had no
interest in listening to us or others affected by their
decisions or even using the correct data regarding our
business.

Then they talk about other elected officials who tried to intercede.
They said:

We wrote letters, we had meetings for over 6 years with the
Forest Service and came to the same conclusion time and time
again: The U.S. Forest Service had the money and the power
and the control to force any decision, good or bad, down the
taxpayers' throats. So sometimes the courts are the only
place left and the people should not be constrained. Please
stop this damaging rider, and do not accept any limitations
on the American people's right to defend against the actions
of the Federal Government.

This is really important because so many of my colleagues on the
other side of the aisle talk about how big Government is bad and we
shouldn't intrude in private property. Here we have a couple who owns a
fishing lodge who wants to make a living doing that and says they have
no other recourse but to go to court. They cannot make headway. With
this rider, they will be constrained to get their whole act together in
30 days, and the court will have to act in 180 days. It seems to me not
right.
I am going to read another paragraph from a letter written by a group
of scientists who talk about the Tongass in this fashion:

Alaska's national forests occur within the Pacific Coast's
temperate rainforest ecosystem. Throughout the world, old-
growth temperate rainforests are rapidly disappearing. Today,
the Tongass National Forest represents the largest remaining
tracts of old-growth temperate rainforest in the world.

We are talking about an incredible resource for our Nation.
They continue:

Established in 1907 by President Theodore Roosevelt, the
Tongass is the country's largest national forest. . . .
Unlike most national forests, both the Tongass and Chugach
still encompass many undisturbed watersheds with a full
complement of all native species, including productive
populations of bald eagles, wolves, brown bears, and
five species of anadromous salmon. And we still have much
to learn about the unique biodiversity and archeological
resources of this forest.

The reason I took a moment to read this is because this is quite a
group of people who signed on to this description of this land we are
trying to protect: Craig Benkman, Ph.D., from New Mexico State
University; Andrew Hansen, Ph.D, from the Department of Biology,
Montana State University; Robert Jarvis, Ph.D., Oregon State
University; David Klein, Ph.D., Institute of Arctic Biology in Alaska;
Russell Lande, Ph.D., from the University of California, San Diego;
William Lidicker, Ph.D., University of California, Berkeley; Dale
Mccullough, Ph.D., University of California, Berkeley; Sterling Miller,
Ph.D., Missoula, MT; Paul Paquet, Ph.D., University of Calgary in
Calgary, Alberta; Roger Powell, Ph.D., from Raleigh, NC; John Ratti,
Ph.D., University of Idaho; John Schoen, Ph.D., senior scientist at the
National Audubon Society, Department of Biology and Wildlife,
University of Alaska Fairbanks; Mark Shaffer, Ph.D., Defenders of
Wildlife; Christopher Smith, Ph.D., Kansas State University; Richard
Taber, Ph.D., University of Montana; and Mary Willson, affiliate
professor, School of Fisheries and Ocean Science, University of Alaska
Fairbanks.
The point I am making is, if this is, indeed, a national gift to us,
why we would want to make special rules for 39 timber sales there
really escapes me. It just does not seem right, and it does not seem
fair, and it seems to go against bipartisan support for this
magnificent place.
I have read parts of a letter from a fishing lodge owner and I have
read parts of a letter from scientists who do not want to see this
damaging rider. I have received another letter from a lodge operator in
the same area, Larry McQuarrie, who owns Sportsman's Cove Lodge. I ask
unanimous consent to print this letter in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Sportsman's Cove Lodge,

Ketchikan, AK, September 17, 2003.
Hon. Senator Barbara Boxer,
U.S. Senate,
Washington, DC.
Dear Senator Boxer: I am writing to describe what's at
stake if Senator Stevens rider limiting the public's ability
to fully defend their interests in timber sale decisions
(Sec. 333 of S. 1391) are passed. If this rider passes, my
business would be deprived of my rights to defend my
commercial interests against actions of the Federal
Government. Any limitation of my right to sue is unreasonable
because it would curtail my ability to uphold major business
interests and protect my business's economic well-being.
I am the owner of Sportsman's Cove Lodge, which is located
in Saltery Cove--an area slated for logging. My business
relies on the undeveloped nature of the surrounding area. I
assure you that our clientele would be singularly unhappy at
the sights and sounds of timber harvest dashing their
expectations of wild and pristine Alaska. In most cases they
would not return until the activity was over--if at all.
While the lodge is filled to capacity every season, it is not
because there are clients lined up, beating down our doors.
It is because we have learned, like other businesses have,
that marketing is the key to success.
As fishing lodges go, ours is a marketing challenge. We do
not have the spectacular King Salmon fishing of the west
coast resorts, nor do we have the nearby population centers
and draw of the Kenai Peninsula and South Central Alaska.
What we do have going for us is excellent service in a
beautiful Inside Passage setting. Timber harvest activities,
scarred landscapes, log dumps in our cove and in scenic
McKenzie inlet, road blasting, helicopters buzzing overhead,
and log trucks rumbling across our now pristine backlands
would necessitate an increased marketing burden that indeed
could very

[[Page S11786]]

well place our operation in jeopardy. If we lose the one
thing that we can always market--the solitude and pristine
nature of the surrounding--then we face business failure.
We have tried to work with the Forest Service to find
logging plans that would allow the sale to proceed while not
causing problems with our business. Yet the Forest Service
has turned a deaf ear to my business concerns and those of
other Saltery Cove residents.
In FY 2000, Sportsman's Cove Lodge grossed just under $1.9
million. Payroll for the year was $498,000, Capital
investment in the lodge and its associated equipment
(including a new $250,000 heated winter boat storage and boat
hauling facility in Ketchikan) totals approximately $3.7
million. This family business has contributed approximately
$1.0 million to the Ketchikan community annually for the past
ten years. That contribution is expected to increase for
many, many years to come. These are not estimates or
projections. These are real numbers of an existing, ongoing,
vibrant business that will be in operation far past the 3-4
year life of this project. Make no mistake, this business,
the 30 seasonal and 8 full time employees, and the financial
contributions it makes to the local economy will be seriously
at risk if this sale proceeds as planned.
Forest Service timber sales plans show that logging the
Saltery Cove area would generate only a total of 42
seasonable timber-related jobs divided up over a period of 5
years. This represents direct earnings of $1.99 million,
again, not annually, but for the total of the 5-year project
lifetime. Almost apologetically, the Forest Service says that
this is justified to ``help maintain the capital investment
[in existing mills and lodging operations] already in place
in several communities.'' By contrast, the payroll for the
lodge during the same 5-year period, assuming nothing happens
to impact it, will be approximately $2.5 million, and it will
not stop at the end of those 5 years.
Let me state that I am not opposed to the responsible
harvest of timber in the Tongass, or anywhere else for that
matter. I was born and raised in a community that was heavily
dependent upon timber. I understand and appreciate all of the
reasons for responsibly harvesting our great renewable forest
resources.
In searching my own soul over these issues I have
repeatedly asked myself the question, ``Are the lodge and
logging mutually exclusive?'' Sadly, I have come to the
conclusion that when the two are in close proximity, they
are. I wish that it were not so, but that is the reality.
Each one is the antithesis of the other, and no amount of
mitigation will resolve the differences other than to
physically distance the two. The lodge, is already
established in Saltery Cove and cannot be relocated. Logging
however is not established, does not make economic sense
here, and can go somewhere else.
If this rider passes, then there is no due process for the
lodge or for my neighbors, and my business and community will
suffer major and unnecessary economic harm. Ordinary Alaskan
businessmen should be allowed to sue to protect our business
and economic interests. Please take actions to remove Sec.
333 from the Interior Appropriations bill.
Respectfully submitted,
Larry G. McQuarrie,
Owner, Sportsman's Cove Lodge.

Mrs. BOXER. Mr. President, Mr. McQuarrie, who owns the Sportsman's
Cove Lodge, says:

This family business has contributed approximately $1.0
million to the Ketchi-
kan community annually for the past ten
years . . .
If the rider passes, then there is no due process for the
lodge or for my neighbors, and my business and community will
suffer major and unnecessary economic harm.

Let's look at Chomley Sound again. That is where this lodge is
located. We can see it is magnificent, but it is unprotected, and it is
on Prince of Wales Island in the southern Tongass. We can see how
unbelievable this forest is. This small businessman is saying he is
going to suffer irreparable harm if he cannot protect this area. What
sometimes gets lost is there are so many who seem to say the only way
we are going to make money, to lift the economy, is to go after
resources--cut down trees and drill for oil. Of course, we need to do
that in areas where it makes sense, but I am here to say that when you
go in to an area that is as magnificent as this forest, the whole
economic potential revolves around tourism. I saw that when I was in
Alaska. It was a pretty wonderful trip.
The bottom line is, if there were a lot of trees being cut down and
noise being made, we would lose the wildlife and we would lose the
tourism. That is why I oppose this rider that I think is completely
unnecessary.
I do not have much else to say except I think it is a bad rider and
interferes with the judiciary, which I don't think is our job to do. It
says to the court: You must hear this in so many days. A lot of us know
the courts are backed up. There are a lot of people waiting for
justice, whether it is one business suing another or somebody has a
problem. Now we are saying go to the head of the class. You get to go
to the head of the line if you want to cut down trees or build a road
in one of these areas or there is a question about any of these timber
sales.
We encourage courts to move quickly, but it seems to me we don't want
to force them to have to act on one particular case in a certain number
of days. It doesn't seem fair to me, and I don't think this section
solves any problem.
The last lawsuit challenging a Tongass timber sale was 4 years ago.
It is not like this is a pressing problem. There are no pressing
problems challenging or enjoining the timber sales in Tongass, and
timber companies on the Tongass have a huge backlog of timber under
contract to be cut. As a matter of fact, they have about 300 million
board feet left to be cut. They only logged 34 million board feet last
year. So it is hard to understand why we have to make this rule for a
problem that doesn't seem to exist. Yet it would take away a
fundamental right of judicial review for timber sales in Alaska.
Maybe there is some good reason this should be done. I have been
trying to figure it out myself. Maybe they actually want to reopen
these sales. I don't know what it is. But I can say I have looked up
and down to figure out what is going on. We have people here who are
very nervous. They don't want to see a series of attacks continue on
the Tongass National Forest. We had an attack last year. I spoke out in
opposition to it. And we have it again this year.
Once again, I hope we strike this rider from the bill and assure the
public is given an opportunity to seek judicial review, and that the
judicial system is not unjustly hindered. The beauty of our country is
the checks and balances that we have. All of us learn that when we go
to school, in the sixth grade, eighth grade, high school, college--the
checks and balances between the executive branch, the legislative
branch, and the courts. When Congress starts standing up and saying:
Judge, you have to hear a particular case in 180 days and, people, you
better get your act together, get your case together in 30 days, in my
view, this is really interfering in the rights of the people we
represent and interfering in the duties of the courts.
Once again, feast your eyes on this magnificent area. It was my joy
to be there for 7 days. I will never forget that trip. The last thing I
want to see happen is to weaken the protections we have afforded this
temperate rain forest that is so magnificent.
It honestly takes your breath way.
I yield the floor.
Mr. BURNS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. Mr. President, while we are waiting for some other
presenters, speakers on the amendments that are pending, I ask
unanimous consent to speak in morning business for 5 minutes, and ask
it appear in the morning business section of today's Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Dorgan are printed in today's Record under
``Morning Business.'')
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, I wish to address the pending Boxer
amendment. Is that still the pending business?
The PRESIDING OFFICER. It is the pending question.
Mr. STEVENS. Mr. President, this provision which Senator Boxer seeks
to strike--which I call the expedited judicial review provision--has
been misconstrued by the Senator from California. Let me give you first
a little history of the Tongass Forest.
In 1917 this forest was established, 17 million acres. It is the
largest national forest in the United States. It encompasses over 80
percent of all of southeastern Alaska, which is roughly the size of New
England.

[[Page S11787]]

In 1947, the Tongass Act set aside an allowable sale quantity level
of 1.38 billion board feet per year. Let me repeat that--1.38 billion
board feet per year.
In 1959, as part of the Statehood Act, there was an allowable sale
quantity level established at 1.3 billion board feet per year.
Congress continued to review the Tongass. In 1971, the Alaska Native
Land Claims Settlement Act set what we called the ASQ--the allowable
sale quantity--level at 950 million board feet.
In 1980, that was reduced to 250 million board feet. Under the law,
we call it ANICA--the Alaska National Interest Conservation Act--from
1980 to 1987, the average volume of timber sold and harvested per year
in the Tongass was 280 million board feet per year.
In 1990, the Tongass Timber Reform Act set the ASQ at 440 million
board feet. That act also directed the Forest Service to provide a
supply of timber to meet the market demand.
But in 1997, Congress further reduced the level to 260 million board
feet. That was through the Tongass land management plan. We call it the
TLMP process.
So today only 676,000 acres of the 17 million acres in the Tongass
National Forest is currently available for timber or timber harvesting
for the timber industry. That is from the largest national forest in
the United States.
Due to litigation, only 34 million board feet in total was cut in
2002.
This forest once supported 4,000 timber jobs. Now the lumber jobs
have been reduced by 50 percent. Some of them work for independent
operators or outside of the national forest on Native land. But 99
percent of the jobs associated with the processing of timber,
particularly the pulp industry, have been eliminated.
In 2001, the timber industry had about 2,000 workers--again, a lot of
them not on Federal land--with an annual payroll of $108 million.
The Senator from California represents a State that also has national
forests. In California, there is a healthy and robust timber industry.
Over 259 million board feet of timber was harvested in 2002 on 10
million acres of California land. In 2001, the timber industry
supported 110,000 jobs with $3.4 billion in annual payroll.

Despite the rhetoric of the Senator from California, my amendment
does not cripple the public's due process at all. It seeks to deal with
the lawsuits pertaining to timber sales in the Alaska region and the
way they have been handled by those who oppose cutting timber in Alaska
but support cutting timber in a national forest half the size of one of
Alaska's forests, the Tongass Forest. Lawsuits pertaining to timber
sales are filed in a way that delays the process through the
administrative courts, then through the Federal courts. By the time
they are through, they are not harvesting.
My amendment provides that suits be filed in Alaska District Court
within 30 days after the administrative appeals have been exhausted, or
30 days after enactment of this act. It directs the District Court of
Alaska to render a decision within 180 days of the date the lawsuit was
filed. We are dealing with judicial process, not environmental process,
not the rights of individuals, but abuse, primarily from lawyers from
California who file these lawsuits in Alaska. If the court has not
rendered its decision, the provision in this bill authorizes the
Secretary of Agriculture to petition the court to proceed with the
action.
The timber sales at issue are subject to an intense public review
process. For each timber sale, a notice of intent to prepare an
environmental impact statement is published. The environmental impact
statement is prepared, which generally takes 2 to 3 years. Each one of
them costs $1 to $3 million. The draft EIS is issued, at which time
there is a public comment period. The final EIS is then issued which
addresses the public comments and makes any necessary changes.
Again, the public is invited to comment on the final EIS. Once that
extensive review process is completed, a record of decision is released
which stipulates the conditions under which the timber sale may
proceed. My amendment does not cover that part of this process at all.
There is no limitation put upon the administrative side at all.
If the public has additional concerns, they have an opportunity to
appeal the record of decision administratively to the Forest Service.
Invariably that happens. An appeal is made to the Forest Service. After
that appeal, there is what we call the record of decision. Of the last
36 records of decision, 32 were administratively appealed.
Despite the extensive environmental review, public participation, and
administrative use, lawsuits are still filed. Of the 32 claims
administratively appealed, 9 have been litigated. It takes an average
of 2 years from the time the complaint is filed in district court until
a final judgment is reached, and then it is usually by the Ninth
Circuit Court of Appeals in California.
These lawsuits add enormously to the expense of the taxpayers. They
have a devastating effect on the men and women involved in the timber
industry in my State. This process can take between 4 and 7 years
before a single tree is harvested under a contract that authorizes
harvesting of the timber. My provision does not limit access to the
judicial system, nor does it impair the rights of those seeking
judicial review of records of decisions. It does not affect the
environmental process. It does not affect the public's right to
comment. There is no time line for filing appeals to the district
court's decision. That would be the Ninth Circuit.

This provision merely ensures there will be timely consideration of
this equal process that is fair to environmental groups, the Forest
Service, and men and women of my State who rely upon the timber
industry for their livelihood. We merely set a time line for the
judicial review of records of decision that have been made after the
administrative process has been completed. That normally takes 1 to 2
years. Each of these is then appealed to the courts, the district
courts, but there is no requirement now that those appeals be filed on
a timely basis. This requires that within 30 days after the decision,
there has to be a decision whether they will appeal. If they appeal,
the district court must render the decision within 180 days. After
that, they have the right to consider the process and appeal to the
Ninth Circuit Court of Appeals if they wish. As a practical matter, we
have eliminated the basic area where delay has taken place.
Again, let me point out, what we are seeking to do is to require that
this judicial review process be expedited. That is a fair way to handle
this process which has been so abused by these lawyers. I am a
California lawyer, incidentally. California lawyers in my day did not
act the way these guys are acting; I can state that right now. This
says if you take an appeal from the Forest Service--mind you, they are
after public hearings on the EIS, they are after public hearings and
comments, and after administrative appeals to the Forest Service; and
then the time for the basic delay. After they fail to file appeals,
delay, delay, and delay, and they get to the court and the court
delays. This is relieving the delay in the courts and relieving the
delay in filing the appeal from the administrative court.
I urge that the motion to strike of the Senator from California be
eliminated. Today these lawyers have 6 years within which to file that
complaint after it has gone through the process of two public hearings,
administrative appeal. For the record of decision, they can wait up to
6 years to file for review of the record of decision. This is, as far
as I am concerned, a defect in the administrative process for judicial
review. That is all we are dealing with.
We do not affect environmental rights. We do not affect the right to
appeal. All we say is, you have to do it within a timely period. The
district court must act within a timely period so we can tell whether
the contracts that have been issued and approved by the Forest Service
can be carried out by those who seek to make a living off harvesting
the small amount of timber still available from forests in my State.
I point out the inconsistency of the Senator from California in
complaining about relieving this process, the delay in this judicial
process, when in the State of California they harvest an enormous
amount of timber from an area that is less than half the size of our
national forests. Surely the people of the State of California would
understand that if a decision is made, the

[[Page S11788]]

small amount of Alaska's timber area, 676,000 acres in the Tongass
Forest, is available for harvesting, there has to be certainty in the
review process so the economics of the timber industry will be sound.
I urge defeat of the motion to strike of the Senator from California
and I move to table that amendment.
Mrs. MURRAY. Mr. President, I intend to speak on the Reid amendment
and I would ask what the pending business is.
Mr. BURNS. The order of business now is the Boxer amendment. We have
set aside some time for the Senator to speak on the outsourcing
amendment.
The PRESIDING OFFICER. Is the Senator from Alaska making a motion?
Mr. STEVENS. I did inquire whether the Senator from Washington was
seeking to speak on the Boxer amendment. I made a motion to table the
Boxer amendment and ask unanimous consent that the time for the vote on
my motion be determined by the leadership.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. I yield the floor.
Mr. BURNS. If the Senator from Washington wants to speak on the Reid
amendment, I ask unanimous consent that the present amendment be set
aside and the Senator from Washington retain the floor.
The PRESIDING OFFICER (Mr. Crapo). Without objection, it is so
ordered.
The Senator from Washington.

Amendment No. 1731

Mrs. MURRAY. Mr. President, I rise today to speak in support of the
amendment offered by Senator Reid that temporarily bars the Department
of the Interior from spending any more money on competitive sourcing
studies.
The House has already inserted this language into its Interior
spending bill, and I hope the Senate will do the same.
This amendment is critical so we can assure the people who visit our
already overstressed national parks that they will not be subjected to
even fewer services. ``Competitive sourcing'' is a new term that has
been created to describe the opening up of public sector jobs to
private sector competition. Now, we have all been told that competitive
sourcing is not the same as outsourcing, but I think it is pretty safe
to say it is not a whole lot different.
As all of us know, one of the primary goals of this current
administration is to privatize large numbers of Federal workers. This
administration, under its initial outsourcing policy, mandated that
each Federal agency review for privatization no less than 15 percent of
its commercial activities by the end of fiscal year 2003.
Unfortunately, this onerous and apparently arbitrary privatization
quota did not take into account the different agencies' unique
conditions.
After a lot of pressure from Federal workers, environmentalists, and
labor groups, the White House finally abandoned its original blanket
competitive sourcing scheme. But now the initial plan has been replaced
by a new plan that actually pushes for more outsourcing, not less.
Although there is no concrete timeline, this new incentive-based plan
encourages Federal agencies to outsource 50 percent or more of their
commercial activities. So while we in Congress are trying to slow down
this outsourcing drive, the administration is now working to speed it
up.
So what does that mean for an agency such as the National Park
Service? I am very concerned that the President's outsourcing policy
may well cause critically needed maintenance funds in our parks to be
spent, instead, on further studies for competitive sourcing.
In my home State of Washington, we are very concerned about the
reports that Mount Rainier National Park, for instance, could possibly
have to divert up to 40 percent of its repair budget due to this
outsourcing and antiterrorism requirements. So when they were faced
with this possibility, the National Park Service director at Mount
Rainier promised that at Mount Rainier no more outsourcing studies
would be conducted using 2003 and 2004 dollars. This comes as a great
relief to the users of Mount Rainier National Park and the surrounding
communities, but now everyone is asking, What about Olympic National
Park? What about Cascade National Park? Those are national treasures
that are in my home State. And what about all the other national parks
across the country that remain vulnerable to this proposal?
Outsourcing is by no means a new policy for the Department of
Interior, especially in the National Park Service. The Park Service, in
fact, currently outsources nearly $2 billion in services, including
over $800 million in concessions and over $1 billion for contractors.
Those contractors currently provide functions such as janitorial
services, tree work, garbage pickup, construction, and management
consulting--things like that. So when the Department of Interior is now
told to outsource up to 50 percent of its commercial responsibilities,
we are very concerned that some of the National Park Service's key
functions are going to be threatened.
The Park Service, as we all know, was initially created to preserve
the natural and cultural resources of the Park System and to provide
recreational opportunities for generations of Americans. The last thing
we should be doing is lessening the agency's ability to do just that.

The amendment now before the Senate, that was offered by the Senator
from Nevada, Mr. Reid, will not completely stop all outsourcing
efforts. It will simply slow them down. I believe that is the right
thing to do.
So far, in the case of the Department of Interior, OMB's outsourcing
initiative has been on the fast track. The Reid amendment will simply
prevent funds from this year from being used to initiate any new
studies for competitive sourcing. It will, however, still allow the
studies initiated with money from the last 2 years to be completed. I
think that is the right course to take.
Slowing down this outsourcing initiative will allow us in Congress to
have the time to analyze the costs and implications of this
administration's proposal--I believe something we should have done in
the first place.
The National Park Service is truly a mission-driven organization. Its
core responsibilities include promoting the highest level of
environmental stewardship, and, in turn, providing the best possible
service to each and every park visitor.
So far, as we all know, the Park Service has done a tremendous job of
doing just that. Consistently, 97 percent of our national park visitors
have indicated they are ``satisfied'' or ``very satisfied'' with their
national park experience. A lot of this public regard is attributed to
the high quality and high morale of our Park Service employees.
Historically, National Park Service workers have maintained an
extremely high level of camaraderie and positive spirit. Often these
wonderful employees of ours are called upon to perform multiple duties
that fall outside any one particular job title. It is not uncommon, in
our national parks, for a maintenance worker to give interpretive talks
on the weekends, or a park geologist to perform first aid, when it is
necessary, or for a visitor assistant to help in fighting forest fires.
This kind of overlap of job duties is possible because of the way in
which Park Service employees are currently cross-trained and because of
the workers' extraordinary commitment to their jobs. In my opinion,
having these kinds of outcomes with 9-to-5 contract workers would be
very unlikely.
All of the implications of the President's policy of outsourcing in
the National Park Service are not yet known or understood by those who
use the parks or by Members of Congress who are passing this
legislation. I think Congress has yet to carefully consider the
consequences of this policy, especially when it comes to the services
we expect for our families when they visit our national parks.
I am on the floor of the Senate today to thank Senator Reid for
putting this amendment forward, and I urge the Members of the Senate to
follow the House and slow down the President's outsourcing policy to
protect the core mission of the National Park Service by voting for the
Reid amendment, and then thoroughly taking the time to analyze and
understand how this will impact our incredible heritage at our national
parks before we move forward.
Mr. President, I yield the floor.
Mr. REID. Mr. President, last week I proposed an amendment to this
bill

[[Page S11789]]

that would prevent the administration from privatizing parts of the
Park Service, Forest Service, BLM, and related agencies.
I would like to submit for the Record some statements supporting my
amendment. These are from the National Parks Conservation Association,
the Wilderness Society, the National Trust for Historic Preservation,
and the American Federation of Government Employees.
These organizations support my amendment because they share my belief
that our National Parks and National Forests are public treasures that
should be managed for posterity, not for profit.
Their letters cite many reasons why privatizing the operation of our
National Parks and Forests would reduce the quality of maintenance and
service.
As the letter from the Wilderness Society points out, the director of
the National Parks Service wrote an internal memo warning that the
administration's privatization policy could reduce visitor services,
and cause layoffs of Parks Service workers.
These organizations realize that if we lose dedicated foresters, fire
fighters, archaeologists and scientists, we will lose valuable
knowledge about our precious public lands.
Protecting our National Parks and Forests is not just a job for these
dedicated workers; it is a way of life. No job description can do
justice to their dedication.
Just last month at Shenandoah National Park, a search team of four
Park Service employees found a 10-year-old boy who was lost.
Today, the Park Service is reviewing their jobs, trying to determine
whether they ought to be turned over to private contractors. Trying
telling that little boy's parents that it isn't important to have
workers who are familiar with our parks and forests.
These are some of the reasons that these organizations are opposed to
privatization. There is another reason, which ought to concern every
Member of this Senate. That is the unauthorized expenditure of public
funds. It is our job as legislators to direct public funds to agencies
and projects that will serve a public need. Congress has never
authorized funds for outsourcing studies.
The Forest Service spent $10 million just last year on its
outsourcing studies, 10 million that Congress had designated for
preserving and protecting our national treasures. The Park Service has
estimated that it could spend $3 million just to hire consultants.
President Bush made a campaign promise to eliminate the $4.9 billion
maintenance backlog that existed in the Park Service when he took
office. That backlog is now estimated at $6.1 billion. Meanwhile, the
Park Service has diverted funds from maintenance projects to conduct
studies about outsourcing.
In the Pacific West region, several projects are being put off to pay
for security measures and outsourcing, including: removing asbestos
from old buildings in Yellowstone National Park, seismic safety
rehabilitation for 18 buildings in Golden Gate National Recreation
Area, and upgrading the sewage lagoon at Crater Lake National Park.
These projects would protect our parks and visitors. That's why
Congress set aside money for them.
Just because a private contractor knows how to run a business doesn't
mean he knows how to take care of our public parks. A few years ago,
one park needed five new courtesy docks on a lake. The lowest bidding
contractor designed metal docks for an area where temperatures in the
summer reach 115 to 120 degrees. Metal docks would have burned
visitors, so the design had to be thrown out. That wasted $21,000, and
only two docks could be built with the remaining funds.
In another incident, public workers used to handle their own garbage
collection, at a cost of about $150,000 a year. Then they contracted it
out. Six years later, the cost is about $500,000 a year. It is no
wonder that environmentalists, park visitors, and public employees are
so concerned about the effect this policy is having on our public
resources. The Bureau of Land Management just wasted $60,000 to study
26 positions in two States. The BLM employees won their competitions.
In all, BLM will spend almost $2 million this year to show the
administration that its employees are the most capable and efficient to
do their jobs. The public servants at BLM don't need an expensive
consultant to prove their commitment to preserving our public
resources; they prove it every day. Congress doesn't need that, either.
That is why we never voted for it
Ten million dollars in the Forest Service, $3 million in the Park
Service, $12 million in BLM, and next year it will be more--unless we
stop it.
Article I of the Constitution requires Congress, not the President,
to authorize and appropriate funds. The administration is bypassing
Congress to implement its own agenda and is using unauthorized funds to
do it. We work hard to make sure we fund projects that are in the best
interest of the taxpayers. The administration wants to take away that
role. Mr. President, I hope my colleagues will join me in doing our
duty as United States Senators.
I ask unanimous consent that the letters to which I referred be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

National Parks Conservation

Association,

Washington, DC, September 17, 2003.
Dear Senator: On behalf of the more than 300,000 members of
the National Parks Conservation Association (NPCA), we urge
you to support the Reid amendment to the FY 2004 Interior
Appropriations Act, which forestalls the Administration's
effort that could privatize more than half of the National
Park Service workforce.
The House passed a bipartisan provision sponsored by
Interior appropriations chairman Charles Taylor (R-NC) that
slows the initiative that is already harming one of the most
beloved institutions of American government--the National
Park Service. The Park Service, comprised of some of the most
dedicated and underpaid public servants in our nation, is the
guardian of our most precious natural and cultural treasures.
Our collective American heritage should not be placed at risk
by a politically driven, inside-the-beltway top-down strategy
that places the guardianship of our parks in the hands of the
lowest bidder without regard for the impact on the values
embodied by our national parks.
Outsourcing is an appropriate tool when appropriately used.
But that's not what the administration is doing. Although
Clay Johnson III, OMB's deputy director for management,
argued recently that the administration is interested in
allowing contracting on work that is ``really, really
commercial,'' such as food service, check processing, and
other similar functions, the thousands of Park Service
positions the administration has defined as commercial
include archaeologists, biologists, museum curators, masons,
and other workers who serve park visitors, educate school
groups, and protect the parks for future generations.
A few points to consider: The Park Service is spending
millions of dollars to fund, competitive sourcing efforts
without authorization from the appropriations committee, and
at the expense of the enormous pressing fiscal needs of the
parks; No study has been undertaken about the extensive
outsourcing that has already occurred in the National Park
Service, to determine the cumulative impact of the
administration's proposals. Privatization could adversely
impact the diversity of the Park Service as well as the
quality of local jobs available in many areas; Protection of
our national parks is a way of life for the National Park
Service, not just a job. The esprit-de-corps of the Park
Service is something businesses try to emulate, not something
that should be easily discarded or put at risk; The Reid
amendment does not prevent the Department of the Interior
from contracting out services or existing outsourcing
studies. Interior agencies retain the ability to hire
contractors to supplement the existing federal employee
workforce.
A vote for the Reid amendment is a vote to protect our
national parks, and we will consider using this significant
vote in our biennial ``Friend of the National Parks''
scorecard for the 108th Congress.
Sincerely,
Thomas C. Kiernan,
President.
____

The Wilderness Society--Support the Reid Amendment To Protect Jobs in
the National Park Service

Senator Harry Reid (D-NV) has filed an amendment to the
FY04 Interior Appropriations bill that provides protection
for National Park Service employees' jobs. The language in
the Park Service section of the bill reads . . .
``None of the funds in this act can be used to initiate any
new competitive sourcing studies.''
This is the exact language that the House Subcommittee on
Interior Appropriations added as a bipartisan provision
earlier this summer. The provision protects the National Park
Service (NPS) from losing some of its most skilled employees.
The Office of Management and Budget has imposed an onerous
quota on all agencies to review for privatization 15% of
their ``commercial'' activities by the end of this year. This
assault on dedicated park employees applies regardless of its
impact on the agency.

[[Page S11790]]

The Park Service has the potential to lose irreplaceable
institutional knowledge of dedicated park scientists,
archeologists, architects, curators, engineers, fire
fighters, and laborers . . . jobs considered to be
``commercial'' in nature.
The Reid amendment limits the use of funds for competitive
sourcing studies to those already initiated in fiscal years
2002 and 2003. At this point the Park Service has already
expended $2 to $3 million on privatization studies at the
expense of funding daily operations within the parks!
An internal memo penned by NPS Director Mainella as
reported in an April 19 Los Angeles Times article says this
policy could reduce visitor services and cause unexpected
layoffs, as well as undermine the agency's efforts to create
a more ethnically diverse work force.
For further information contact: Sue Gunn, Director,
National Park Program, (202) 429-2676.

____
National Trust for

Historic Preservation,

Washington, DC, September 17, 2003.
Hon. Bill Frist,
Majority Leader, U.S. Senate, the Capitol, Washington, DC.
Dear Senator Frist: Congress chartered the National Trust
for Historic Preservation more than 50 years ago to protect
America's irreplaceable historic and cultural treasures
including those that are part of the country's great
inventory of federal lands. As a private nonprofit
organization with more than a quarter million members, the
National Trust is the leader of a vigorous preservation
movement that is having the best of our past for the future.
Because of our concern for the welfare of the nation's
historic and cultural resources, we urge you to support
Senator Reid's amendment to the Interior appropriations bill
that would place a temporary hold on the large-scale
privatization effort already underway at the Department of
Interior and related agencies--especially within the National
Park Service and the Forest Service. This privatization
effort would outsource many of the professional and expert
responsibilities now performed by federal employees.
The National Trust supports a similar bipartisan provision
that is now part of the House version of the bill. It would
withhold FY'04 funds from the rampant privatization program
so that Congress can make a comprehensive assessment of
outsourcing's effects on the important work performed by
scientists, archeologists, architects, curators, engineers,
fire fighters, and laborers. Before advancing headlong into
this initiative, Congress would have an ``in-depth report''
on the results of pending privatization efforts including
information related to ``specific schedules, plans, and cost
estimates for implementing [the privatization initiative].''
The Department's FY'02 and FY'03 privatization work in
progress would be unaffected by the provision.
The Interior Department and related agencies have been
under intense pressure to privatize key programs because of
an Office of Management and Budget (OMB) government-wide
quota that requires all agencies to review 15 percent of
their ``commercial'' activities for privatization by the
close of this fiscal year. OMB is applying this quota
regardless of the effect on the government's responsibility
to all Americans who depend on efficient and reliable
service. Last year Congress was so concerned about OMB
proceeding too hastily that it included a reporting
requirement in the FY'03 Omnibus Appropriations Bill. So far,
however, OMB has not provided any research or analysis to
justify the quota as it quickly progresses on outsourcing
positions and imposes sanctions on agencies that fail to
fulfill the quota. Those penalties are severe, ranging from
arbitrary reductions in staff to punitive budget cuts.
The National Trust, like many Republican and Democratic
lawmakers on Capitol Hill, is concerned by the scale, lack of
methodology, and expense associated with this initiative,
which comes at a time when federal budgets are declining and
resources are thin. Congress and the public need more time to
assess the process adequately, and fully understand the costs
and implications of the decisions being made before
outsourcing diverts governmental staff from high-priority
assignments, consumes funding that is directed towards
mission-essential requirements, and undermines efforts to
ensure that the federal workforce reflects the American
people in its diversity.
Services provided by the federal government should always
include a mix of public and private sector resources where
appropriate. Contractors can play a valuable role in an
agency's mission to service the American public. OMB's
privatization quota, however, is forcing the Interior
Department and other agencies to privatize services without
heed to the full effects on safeguarding the nation's
historic and cultural treasures. The National Trust asks you
to support Senator Reid's amendment to the Interior
appropriations bill and take a more measured approach to
outsourcing those federal responsibilities best performed by
governmental staff.
Sincerely,
Richard Moe.

____
American Federation of

Government Employees, AFL-CIO,

Washington, DC, September 17, 2003.
Dear Senator: On behalf of the American federation of
Government Employees, which represents more than 600,000
federal employees who serve the American people across the
nation and around the world, I urge you to supoprt the Reid
Amendment to the Interior Appropriations Bill that would
temporarily suspend new privatization studies in the
Department of Interior and related agencies. These
privatization studies have been ordered by the Office of
Management and Budget (OMB), regardless of need or impact on
those agencies' services, in order to fulfill a wholly
political privatization quota.
The Reid Amendment is identical to language that was
earlier included in the House Interior Appropriations Bill by
Chairman Charles Taylor (R-NC). The Taylor provision was
inspired by the diversion of staff and resources to conduct
costly privatization reviews instead of fulfilling agencies'
missions, even if that meant not eliminating longstanding
maintenance backlogs in the National Park Service or
protecting Forest Service lands from the scourge of fire.
We appreciate the leadership of Senate Interior
Appropriations Committee Chairman Conrad Burns (R-Mt) in
defunding all new and ongoing privatization studies in the
Forest Service without Congressional approval. However, the
same problems caused by OMB's wholesale privatization effort
in the Forest Service are adversely affecting all agencies
funded under the Interior Appropriations Bill. Moreover, the
Reid Amendment strikes a fair balance in that it allows
ongoing privatization reviews to continue but suspends new
ones until the Congress has a better understanding of OMB's
extremely controversial wholesale privatization initiative.
That the recently revised OMB Circular A-76, which governs
the rules for privatization, has been tilted dangerously in
favor of contractors, is no longer subject to dispute. In
fact, the House of Representatives, in bipartisan fashion,
recently passed an amendment to the Transportation and
Treasury Appropriations Bill that would completely defund the
new A-76 and force OMB to craft a more fair and balanced
process, one that exalts the interests of taxpayers and every
American who depends on the federal government for important
services, not contractors.
Among the many flaws, the new privatization process denies
federal employees opportunities to submit their best bids in
most competitions, fails to require contractors to at least
promise appreciable savings before taking work from federal
employees, and doesn't ensure that a subjective and
unprecedented privatization process is first tested and
evaluated in the limited context of information technology
before it is used across-the-board on all services, as was
required by Senate Armed Services Committee Chairman John
Warner in this year's defense authorization bill, instead of
using it across-the-board on all services, as would be
allowed by the new A-76.
Despite OMB's professed determination to ensure
competition, the new circular requires federal employees to
be subject to public-private competitions to perform new
work, to be recompeted in the event of failure to perform,
and be automatically recompeted every five years except in
isolated circumstances. In those same circumstances, no such
competition or recompetition requirements apply to
contractors. And although OMB is determined to review for
outsourcing at least 416,000 federal employee jobs, no
contractor jobs are scheduled to be reviewed for insourcing.
At the same time, the new circular appears to give the
interests of taxpayers short shrift. The rewritten A-76 makes
no changes of any significance with respect to the
administration of contracts. Moreover, despite the imposition
of the privatization quota, OMB provides already overwhelmed
agencies with no new resources to conduct fair competitions
and satisfactorily administer resulting contracts. In
addition, the new A-76 does little to encourage the use of
alternatives to A-76 that can generate superior savings--but
without the significant costs and wrenching controversies
associated with privatization reviews. And despite the
documented disproportionately adverse impact on women and
minorities who are part of the civil service, a particular
problem in the National Parks Service, according to the
Director, the new circular does nothing to ensure that the
OMB privatizaiton initiative does not force federal agencies
to turn the clock back on diversity and inclusiveness in the
civil service.
Finally, we note that the new A-76 does not discourage
contracting out from being undertaken in order to undercut
the pay and benefits of those who work for the federal
government. The Senate recently passed, without opposition,
an amendment to the defense appropriations bill that would
exclude health care costs from the cost comparison process if
a contractor provides inferior health care benefits. The new
A-76 fails to take that approach.
Again, AFGE, standing proudly with many different
environmental groups, urges Senators to support the Reid
Amendment to the Interior Appropriations Bill and prevent
privatization from polluting the agencies that the American
people have entrusted to safeguard our nation's most valuable
natural treasurers. Please contact John Threlkeld in AFGE's
Legislative Department at (202) 639-6413 if you have any
questions about our position on this important matter.
Sincerely yours,
Beth Moten,

[[Page S11791]]

Director, Legislation & Political Action Department.

Mr. REID. Mr. President, before the Senator from Washington leaves
the floor, I would like to say it was only recently that I had the
opportunity to see some of the natural beauty of the State of
Washington. I, of course, had been to Seattle a number of times--the
airport, went into town, and left. But I had the opportunity, within
the past couple of months, to see various parts of Washington.
I will never forget the drive from Pasco, WA, to Seattle over the
great Cascades. Those mountains and trees, the forests are so much
different than the forests of Nevada. We are very proud of the great
treasures we have around Lake Tahoe and other forests we have in
Nevada. But the Cascades are in a different class, with totally
different kinds of trees, different forests.
That is what the Forest Service is all about, having these people,
who sign on to the Forest Service for life, to be the guardians and
protectors of these great national treasures such as those around Lake
Tahoe and those beautiful Cascades that I drove through.
To think we are considering putting these great national treasures
out for profit rather than posterity frightens me. I appreciate very
much the Senator from Washington standing up for the great Cascades. I
am sure there are other beautiful parks in the State of Washington that
you have described here that are as beautiful as I can imagine. But I
want the Senator from Washington to know--and everyone within the sound
of my voice--I was so impressed driving through those Cascades.
I repeat, I hope--and I know there is going to be efforts made to
second degree this amendment because the majority is afraid of an up-
or-down vote because we will win an up-or-down vote because people of
both parties do not want to put these national treasures up for bid.
What they are going to do is offer some kind of an amendment saying:
Well, we have studied them. Let's get a report. And we will go ahead
and continue doing the studies around Lake Mead, around the areas the
Senator from Washington pointed out.
The reason this is such a calculated effort to hurt our parks is that
they are taking money, as I outlined earlier, that has been set aside
by congressional votes to take away the asbestos we have in some of our
park facilities, to do work on sewers, and a lot of other things. They
are taking money from that and studying whether it is a good idea to
privatize. That is wrong. If they were going to do it the right way,
they would come before Congress and say: We want to study what is going
on in our national parks. Appropriate money for us.
They are doing indirectly what they know they can't do directly.
I hope everyone understands that this second-degree amendment, which
will be offered shortly, is only an effort to help those who want to
defeat this amendment to, in effect, get well by saying: Well, we voted
for a study and the President has to report on these studies.
I want everyone to know a vote for this second-degree amendment--it
may be a side-by-side amendment--is a vote to allow the outsourcing,
the privatizing of the workforce of our national parks.
Mrs. MURRAY. Will the Senator from Nevada yield for a question?
Mr. REID. I am happy to yield for a question.
The PRESIDING OFFICER. The Senator from Washington has the floor.
Mrs. MURRAY. Mr. President, if I heard the Senator from Nevada
correctly, am I to understand there is going to be a second-degree
amendment to his amendment that I just spoke about that will
essentially allow the outsourcing to continue while we move forward in
the appropriations process this year? If that is the case, I ask the
Senator from Nevada, if you are a park employee in one of our beautiful
parks--and you referenced the Cascades; we have Olympia National Park,
Mt. Rainier. I invite all of our colleagues to come and see--if you
were an employee and you knew Congress was going to continue to move
forward with this proposal or some type of variation, would you not be
worried that you would not continue to do the same good job that our
employees do right now because really your future is up in the air and
you would be looking for something else?
Mr. REID. Mr. President, I respond to my friend from Washington that
this second-degree amendment, which I haven't seen but I have been told
what is in it, would basically allow the outsourcing studies to go on.
And they have no money to do that so they are robbing other programs to
do it. So the answer to the Senator's question is, yes, they would
continue doing the outsourcing studies, as they call them, in an effort
to privatize the workforce in the national parks.
There is a handout that has been distributed. When you can't defeat a
measure on its face, what you resort to is name-calling. Here is what
they have written:

Now is not the time to promote inefficiency. The Reid
amendment would support the Federal employees union agenda to
grow the size of the Federal workforce and avoid competition
of any kind.

That is so mean spirited and so wrong. When you can't defeat an issue
on its face, what you do is resort to name-calling. What they have done
here is say, this is all a big ploy of the unions. I offered into the
Record earlier today groups that support this amendment that is
sponsored by the Senator from Washington and the Senator from
Nevada. There wasn't a single union I put forward as favoring this. I
am sure they do, but I haven't talked to them. But we have resorted to
name-calling, saying this is bad because the unions like it. I am sure
the unions do like it if, in fact, there are unions there. I don't
really know. But this has nothing to do with unions.

It has everything to do with protecting a dedicated workforce and to
not put these employees out to minimum wage. That is in effect what it
is. I know what we will do as we do in all of these privatizing
methods: We will come in with a low-ball figure. We can do it so much
cheaper. And then as soon as the contract is entered, it balloons. I
gave an example this morning. One of the parks was picking up garbage.
It cost $150,000. They put it out for private bid. And now within 3
years time it is a half a million dollars for the same work Government
employees were doing.
I appreciate very much the support of my friend from Washington.
Again, I recognize her ability to support working men and women and not
corporate America. I do know the Senator from Washington has done a
great job of protecting the corporations in her State. But here is an
issue that deals directly with working men and women. And, of course,
the Senator from Washington has sided with the working men and women of
our country.

Amendment No. 1754 To Amendment No. 1731

(Purpose: To substitute a requirement for an annual report on
competitive sourcing activities on lists required under the Federal
Activities Inventory Reform Act of 1998 that are performed for the
Department of the Interior by Federal Government sources)

The PRESIDING OFFICER. The Senator from Ohio.
Mr. VOINOVICH. Mr. President, I call for the regular order with
respect to amendment 1731. I have an amendment to send to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER. Amendment 1731 is now pending.
The clerk will report.
The legislative clerk read as follows:

The Senator from Ohio [Mr. Voinovich], for himself and Mr.
Thomas, proposes an amendment numbered 1754 to amendment No.
1731:

Strike lines 3 through 6, and insert the following:
Sec. ____. Not later than December 31 of each year, the
Secretary of the Interior shall submit to Congress a report
on the competitive sourcing activities on the list required
under the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note) that were performed
for the Department of the Interior during the previous fiscal
year by Federal Government sources. The report shall
include--
(1) the total number of competitions completed;
(2) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(3) the total number of full-time equivalent Federal
employees studied --under completed competitions;
(4) the total number of full-time equivalent Federal
employees being --studied under competitions announced, but
not completed;
(5) the incremental cost directly attributable to
conducting the competitions identified under paragraphs (1)
and (2), including

[[Page S11792]]

costs attributable to paying outside consultants and
contractors;
(6) an estimate of the total anticipated savings, or a
quantifiable --description of improvements in service or
performance, derived from completed competitions;
(7) actual savings, or a quantifiable description of
improvements in --service or performance, derived from the
implementation of competitions completed after May 29, 2003;
(8) the total projected number of full time equivalent
Federal employees covered by competitions scheduled to be
announced in the fiscal year covered by the next report
required under this section; and
(9) a general description of how the competitive sourcing
decisionmaking processes of the Department of the Interior
are aligned with the strategic workforce plan of that
department.

Mr. VOINOVICH. Mr. President, I rise to offer a second-degree
amendment to the Reid amendment to the Interior appropriations bill.
Before I speak to the specifics of the underlying Reid amendment, I
will first describe my examination of the administration's competitive
sourcing initiative which I have spent a great deal of time on.
Competitive sourcing is one of the five management initiatives
included in the President's management agenda. As I said, I paid close
attention to this initiative because it is closely related to the
Federal Government's strategic human capital management. It is fair to
say I have spent more time on this issue than anyone in the Senate
during the last 5 years.
It is important to note that competitive sourcing is not
privatization, nor is it outsourcing. It is public-private competition,
a methodical process for evaluating the most efficient and cost-
effective manner of providing a service that is commercial in nature
and not inherently governmental.
I would like to make clear to my colleagues that the total Government
workforce is about 1.609 million. And inherently governmental is about
751,000; commercial, about 858,000; and of the 858,000 that are
commercial, only about 416,000 are available for competition. That is
26 percent of the Federal workforce. The Department of Interior
positions being evaluated, which we are talking about today, under U.S.
Fish and Wildlife Service, clerical support and appraisers; National
Park Service, maintenance of vehicle, lawn, bathroom, and air
conditioner, archeological support; Bureau of Reclamation, Job Corps
Centers; Bureau of Land Management, maintenance of lawn, vehicle,
bathroom, and air conditioner, geographic information services, and
photography.

These are positions that are being evaluated. It doesn't necessarily
mean they are going to be put out for competitive outsourcing. Contrary
to what has been said on the floor of the Senate, I want to quote from
the Government Executive, which talks about:

April 25, 2003.
Feds Win Job Competition at Park Service Agriculture
Department.
Federal employees have won several small public-private job
competitions in land management agencies, including a
competition at the National Park Service Office that had run
into opposition on Capitol Hill.
A team of 45 archaeologists at the Southeastern
Archeological Center in Tallahassee, Florida, defeated
private contractors earlier this month, according to Park
Service officials. The in-house team re-organized itself into
the ``most efficient organization,'' eliminating 17 seasonal
jobs and trimming $850,000 in annual personnel costs,
according to Donna Calvels, coordinator of the Park Service's
competitive sourcing program.
``Not one permanent employee lost their job.''

Hear me?

``Not one permanent employee lost their job, and the
competition will save $4.2 million over the next five
years,'' Calvels said Thursday.
Federal workers have prevailed in other small competitions
decided recently. In the Forest Service, civil servants won
competitions at six Job Corps centers across the country,
according to Thomas Mills, the agency's deputy director for
business operations. The Forest Service operates 18 Job Corps
centers as part of a job training program for young adults,
which dates back to the New Deal programs of the 1930s.
Employees at every center--940 workers in all--are now
competing for their jobs.
So far, roughly 300 civil servants at Job Corps centers in
Anaconda and Darby, Montana; Franklin, North Carolina;
Estacada, Oregon, and Pine Knot and Mariba, Kentucky, have
won their competitions. At each center, the Forest Service is
using the ``streamlined'' competition method, which compares
the cost of the in-house team with the going rate in the
private sector. The agency received a waiver from the Office
of Management and Budget that allows it to give incumbent
workers a 10 percent cost advantage in the competitions,
according to Mills. The cost advantage is prohibited under
the revised OMB Circular A-76, issued in late May.
Federal workers have also fared well in several streamlined
competitions held by the Agriculture Department's Natural
Resources Conservation Service.

So the point is what we are talking about here is evaluating
positions in various Federal agencies to determine whether those
positions can be competitively bid and, in most of the cases, the in-
house people win those competitions. In most cases, it is found after
it is done that those people have been given an opportunity to get
together and figure out how they can do a better job in order to save
their job and compete with the private sector. That is what this is
about. This is not like, well, if we don't pass this amendment,
everything is going to be farmed out in the Interior Department.

Historically, Government employees at the Department of Defense, the
agency with by far the most experience in conducting competitions, have
won more than two-thirds of public-private competitions since 1997 and
in the process have saved taxpayers billions of dollars. Furthermore,
from 1997 to 2001, Federal employees won 98 percent of the streamlined
competitions conducted at the Defense Department.
This demonstrates that Federal employees can compete and win. During
the competition process, Federal employees form a most efficient
organization--an MEO--to develop the most competitive bid possible.
Through this process, employees make substantive changes to their
organization in a collaborative process involving both managers and
line employees.
What I like is that is quality management--going to the employees and
asking them how they can do their job better than they are now doing
it. The result is, regardless of who wins the competition, performance
is improved and savings are realized. Isn't that what we want, better
performance and savings? Ultimately, MEOs allow agencies to work harder
and smarter and do more with less. The teamwork and collaboration that
characterize most efficient organizations should be present at all
Federal agencies, not just those that are undergoing competition.
The original goal of competitive sourcing was to compete a percentage
of the Federal commercial functions with the private sector to cut
costs and improve performance. This policy has merit. As a former mayor
and Governor, I know from experience there are times when it is
appropriate to compete government functions to obtain the best value
for the taxpayers. At the same time, I know what motivated and well-
trained public employees can accomplish.
The original sourcing goals of this administration--and I had real
problems with it--were to compete 5 percent of commercial functions in
the first year, an additional 10 percent in the second year, and
eventually 50 percent of eligible commercial activities. I have been
very concerned with these goals since they were announced. My chief
concern was that the governmentwide goals for competitive sourcing had
not been based on comprehensive analysis of the Federal workforce on an
agency-by-agency basis. The amendment I offer today requires that be
done and reported on.
In that regard, these goals reminded me of the workforce downsizing
of the Clinton administration. The U.S. General Accounting Office has
documented that little or no strategic workforce planning was conducted
in Federal agencies before downsizing took place. It was a mindless
downsizing, without looking at the jobs agencies had to perform. What
this administration is trying to do right now is reshape their
workforce to be able to do the job they have been asked to do.
Therefore, I have endeavored to learn more about the initiative. I
attended a Governmental Affairs Committee oversight hearing on sourcing
in March 2002 and criticized--that was Chairman Durbin--the manner in
which the administration was pursuing this program. Over the last 2
years, I have pressed this point in meetings with various officials
from the OMB and the White House, urging them to modify the goals of
the program. To its credit, the Bush administration has agreed. Clay
Johnson was in my office last week. He gets it.

[[Page S11793]]

At a Governmental Affairs subcommittee hearing I held on July 24,
2003, Angela Styles, who was, until recently, the administrator of
Federal procurement policy, announced the administration would drop its
governmentwide goals for competitive sourcing.
I was pleased to learn that each Federal agency will decide the way
in which competitive sourcing will proceed. Furthermore, the
administration will release a report later this month that will outline
the manner in which they have conducted this initiative over the last 3
years.
The administration has demonstrated flexibility and a willingness to
make significant modifications to this program. This is a significant
step in the right direction and demonstrates that congressional
oversight can yield positive results.
However, Congress is considering several amendments that undermine
the administration's progress on competitive sourcing. The amendment
offered by Senator Reid would prohibit competitive sourcing studies and
activities at the Department of the Interior. This is, in my opinion,
misguided, for several reasons.
First and foremost, since the Eisenhower administration decreed that
the public sector should not compete with the private sector, the
decision of whether or not to initiate competitions and the rules
governing these competitions has been the purview of the executive
branch of Government. We are stepping on the prerogatives of the
executive branch of Government. There is another way we can do that,
and that is what our amendment does--in a way that I think is
appropriate. This authority has been exercised in the past by both
Democratic and Republican administrations.
Legislatively exempting the Department of the Interior from
competitive sourcing circumvents longstanding executive branch
prerogative. It is not surprising the administration would strenuously
resist efforts to diminish this authority, which is why OMB has said it
will recommend a veto of any bill that abolishes or weakens existing
management prerogatives.
Second, this amendment is one of a variety of different restrictions
on competitive sourcing that have been placed on 5 appropriations bills
that, if enacted, would constitute an incoherent set of restrictions. I
agree Congress needs additional information on the implementation of
this initiative. However, any reporting requirements, which I support
and will discuss in the context of my second-degree amendment with
Senator Thomas, should be uniform across the executive branch, not
willy-nilly from one department to another department.
Third, I consider this issue the jurisdiction of the Governmental
Affairs Committee. That committee has held hearings on this initiative
under both Republican and Democratic leadership.
Any Senator seeking to make changes to this initiative should
introduce a bill, have it referred to the Governmental Affairs
Committee, and advance it through the normal committee process. It
should not be addressed through a series of disjointed amendments to
appropriations bills.
Fourth, as I noted a moment ago, the administration announced a major
change to its sourcing initiative at my subcommittee July 24 hearing.
It dropped its governmentwide goals and plans and will now do this on
an agency-by-agency basis. It is reasonable for us to monitor how this
change is implemented. Therefore, I strongly urge my colleagues to
support the amendment being offered by Senator Thomas and me.
Our amendment would require the Interior Department to provide
Congress with detailed information on how it is implementing public-
private competitions. This includes a description of how the
Department's competitive sourcing decisionmaking process is aligned
with the Department's strategic workforce plan. It also requires the
Department to report the projected number of full-time equivalent
employees covered by competitions scheduled to be announced in the next
fiscal year.
If this amendment is adopted, it will not affect the Interior
Department's consideration this year, but if they want to do them next
year, in this report they are going to be required to say which ones
next year they are going to be putting out for competition and why they
are putting them out for competition. This is not some arbitrary type
of activity as some people would like to characterize it.
Imposing rigorous reporting requirements is the right approach. It
has been the prerogative of every administration since the 1950s to
decide when to conduct public-private competitions and the manner in
which these competitions would be conducted. Congress, in its oversight
role, has a right and responsibility to know what the executive branch
is doing. The amendment would require the Bush administration to
provide exactly that information.
Mr. President, I ask unanimous consent that this report from
Government Executive magazine be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Government Executive Magazine, Aug. 25, 2003]

Feds Win Job Competitions at Park Service, Agriculture Department

(By Jason Peckenpaugh)

Federal employees have won several small public-private job
competitions in land management agencies, including a
competition at a National Park Service office that had run
into opposition on Capitol Hill.
A team of 45 archaeologists at the Southeastern
Archaeological Center in Tallahassee, Fla., defeated private
contractors earlier this month, according to Park Service
officials. The in-house team reorganized itself into a ``most
efficient organization,'' eliminating 17 seasonal jobs and
trimming $850,000 in annual personnel costs, according to
Donna Kalvels, coordinator of the Park Service's competitive
sourcing program.
``Not one permanent employee lost their job, and the
competition will save $4.2 million over the next five
years,'' Kalvels said Thursday.
Last month, the House voted overwhelmingly to cut off funds
for job competitions at the Southeastern Center and at the
Midwest Archaeological Center in Lincoln, Neb., where the
competition still is ongoing. The funding freeze would not
take effect until fiscal 2004, meaning it would not apply to
competitions finished during this fiscal year.
But John Ehrenhard, director of the Southeastern Center,
said the legislation is still needed to protect other Park
Service archaeologists from the Bush administration's
competitive sourcing push. ``Even though we won our
competition, I'd like to see some [legislation] saying that
no more money could be put toward . . . competitive
sourcing,'' he said. ``It's just another layer of
protection.''
Ehrenhard added that four employees left the center during
the competition because they didn't want to risk losing their
jobs. ``Most were in their late 20s and early 30s, and they
were looking forward to having a career in the National Park
Service, and they felt they were denied that,'' he said.
Federal workers have prevailed in other small competitions
decided recently. In the Forest Service, civil servants won
competitions at six job corps centers across the country,
according to Thomas Mills, the agency's deputy director for
business operations. The Forest Service operates 18 job corps
centers as part of a job-training program for young adults,
which dates back to the New Deal programs of the 1930s.
Employees at every center--940 workers in all--are now
competing for their jobs.
So far, roughly 300 civil servants at job corps centers in
Anaconda and Darby, Mont.; Franklin, N.C., Estacada, Ore.;
and Pine Knot and Mariba, Ky., have won their competitions.
At each center, the Forest Service is using the
``streamlined'' competition method, which compares the cost
of the in-house team with the going rate in the private
sector. The agency received a waiver from the Office of
Management and Budget that allows it to give incumbent
workers a 10 percent cost advantage in the competitions,
according to Mills. The cost advantage is prohibited under
the revised OMB Circular A-76, issued in late May.
Federal workers have also fared well in several streamlined
competitions held by the Agriculture Department's Natural
Resource Conservation Service (NRCS). In Columbus, Ohio, NRCS
workers won three competitions involving mail, clerical and
soil-mapping work because procurement officials did not
receive valid private sector offers, according to Michelle
Lohstroh, state administrative officer with NRCS. Seven and
one-half full-time equivalent positions (FTEs) were involved
in these competitions.
In Annapolis, Md., four NRCS employees triumphed in a
competition, according to Debra Hepburn, a contracting
specialist with the agency. ``We have a pretty small office
out here in Annapolis,'' she said.
Competitions involving a single NRCS employee in Auburn,
Ala., and Lake City, Fla., respectively, also went to federal
employees. In Lake City, officials put a vacant position up
for competition, to minimize the possible impact on workers,
according to Lynn Merrill, an NRCS contract specialist.
Meanwhile, in Michigan, four soil-mapping specialists edged
out companies in a competition for their jobs, and in
Oklahoma, 17

[[Page S11794]]

soil conservation technicians successfully defended their
jobs, according to Luann Lillie, an NRCS contracting officer
in Stillwater, Okla. And in California, in-house workers
triumphed in competitions involving 12 and one-half FTEs,
according to Ray Miller, a contract specialist in Davis,
Calif.
The NRCS is competing roughly 800 soil conservation
technician positions on a state-by-state basis, according to
Patty Brown, competitive sourcing coordinator with the
agency. These technicians help farmers and ranchers apply
conservation techniques to their land, she said in an
interview last month.

Mr. VOINOVICH. Mr. President, this report contradicts some of the
arguments that have been made for the Reid amendment this afternoon.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BURNS. Mr. President, I have a unanimous consent request to
propound. I ask unanimous consent that prior to a series of stacked
votes, which will begin at 4:45 p.m., there be 10 minutes of debate
equally divided in relation to the Bingaman amendment No. 1740;
further, that there be a total of 50 minutes equally divided in the
usual form in relation to the Voinovich and Reid amendments on
competitive sourcing.
I further ask unanimous consent that at the hour of 4:45 p.m., the
Senate proceed to a vote in relation to the Bingaman amendment No.
1740, to be followed by a vote in relation to the Boxer amendment No.
1753, to be followed by a vote in relation to the Voinovich amendment
which is to be modified to be a first-degree amendment, to be followed
by a vote in relation to the Reid amendment No. 1731; provided,
further, that no second-degree amendments be in order to the amendments
prior to the vote, with 2 minutes equally divided prior to each vote.
Mr. REID. Mr. President, it is my understanding that the time
consumed by the distinguished Senator from Ohio, Mr. Voinovich, will be
counted toward the 25 minutes; is that right?
Mr. BURNS. Is that agreeable?
The PRESIDING OFFICER. The unanimous consent request is related to
the next hour.
Mr. REID. The unanimous consent request has 50 minutes divided--
actually 60 minutes. That time is equally divided. It is my
understanding that the 50 minutes between Senator Voinovich and myself
is to be equally divided. I simply ask that the time he already
consumed should be counted against the 25 minutes. That is my statement
in the form of a question.
The PRESIDING OFFICER. The Chair does not interpret the unanimous
consent request that way. Would the Senator like to amend the unanimous
consent request?
Mr. REID. I ask for that modification.
The PRESIDING OFFICER. Is there objection?
Mr. ENZI. Reserving the right to object, we have some statements on
our side we would like to give. That is why we wanted 25 minutes. If we
take Senator Voinovich's time out of it--I am not sure how long he
spoke--it will not give time for Senator Thomas and me.
Mr. REID. I object.
The PRESIDING OFFICER (Mr. Chafee). Objection is heard.
The Senator from Wyoming is recognized.
Mr. ENZI. Mr. President, in my day-to-day life, I have worn many
hats. In my life, I have been a small business owner, a mayor, a
parent, and a consumer, just to name a few of the roles I have played
over the years. I mention them because with each of them, whenever
there was a job that had to be done, I always knew the best way to
ensure I got the best deal on a project or product was to put it up for
bid and place the job in competition. It is a simple philosophy, and it
just makes sense to apply the same logic even to Government.
President Bush has said Government should be market based; we should
not be afraid of competition, innovation, and choice. Why is the
administration so enthusiastic about competitive sourcing? Because it
saves money while holding quality standards high. In other words, we
get the same quality at less cost. Who wouldn't like a deal like that?
We do not need to look far to find the results of competitive
sourcing. The Department of Defense, NASA, and the Coast Guard have a
fair amount of experience in the field. In fact, the Department of
Defense reports that it will have saved $6 billion from 2000 to 2003
through A-76 reviews.
Another telling example cited by this study was OMB's decision to
take a job usually given to the Government Printing Office and put it
up for bid. The job was the printing of the 2004 Federal budget. When
forced to compete, the Government Printing Office turned in a bid for
the project that was 24 percent lower than the previous year.
I do not think there can be any doubt that competitive sourcing saves
money. But it does more than that by allowing Government to more
actively engage in contracts with the private sector. Government can
increase its access to the skills, technologies, and innovations of the
small business communities throughout the country.
This spring, I had an opportunity to visit the Mint in Philadelphia,
and the employees there told me what a good job they were doing. I
observed them doing a good job. They let me know they were doing that
so their jobs would not be outsourced. It was a good attitude. They
were doing quality work. They were improving. I saw an article in last
week's USA Today that talked about the improvement at the Mint since
the new director, a business person, was put in charge.
We have before us an amendment to slow the process and prohibit the
continuation of funding for competitive sourcing in the Department of
the Interior. Adopting this amendment would turn back the clock and
head us in the wrong direction. At a time when budget deficits must be
controlled, we should be taking full advantage of tried and true
methods to cut spending and control costs, not trying to remove the
option.
One concern that has been raised about competitive sourcing is that
it might have a seriously negative impact on the Federal workforce.
This is not true. Competitive sourcing is about increasing efficiency,
not eliminating workers.
As Senator Voinovich said, it is about asking the employees how it
can be done best. The person actually doing the job usually knows how
and best. As a case in point, the Department of the Interior has
reported that of more than 2,500 full-time employees whose jobs have
been analyzed under A-76, none have been involuntarily dismissed from
their jobs. Those who claim we are out to toss out the Federal
workforce are missing the point about this program.
Simply stated, competitive sourcing is better for taxpayers and the
Federal Government. It makes Federal dollars go further, and it forces
Federal agencies to perform more like businesses where the highest
level of efficiency is the only acceptable level, and it is working.
If we allow passage of the Reid amendment, we are in fact taking away
the one tool a Federal agency has to ensure it is getting maximum
efficiency and quality. As a member of the Small Business and
Entrepreneurship Committee, I have a responsibility to oppose
legislation that may harm our small business community. I cannot
support the Reid amendment because it would have a negative impact on
the small businesses of our Nation by refusing to allow them to
compete. I have been holding some procurement conferences in Wyoming
for small business so they could learn how to compete, how to combine
if the job is too big for one small business. It has been working. It
hasn't kicked Federal employees out of their jobs, but it has produced
some lower prices and some employment for small businesspeople.

Studies have shown that when the private sector does win public/
private competitions through Circular A-76, a small business, a woman-
owned business, or a minority-owned business wins that competition 60
percent of the time. By cutting funding for competitive sourcing in the
Department of the Interior, we would be blocking off one of the few
entryways that small businesses have available to gain access to jobs
in the Federal Government.
With more than 50 percent of the Federal workforce eligible for
retirement within the next 5 years--let me repeat that--with more than
50 percent of the Federal workforce eligible for retirement within the
next 5 years, it is essential to ensure we have the right people in the
right positions.

[[Page S11795]]

Competitive sourcing creates an atmosphere in which the Government is
not forced to deflect its valuable Federal employees to tasks that are
not inherently governmental. It allows Federal agencies to more
effectively manage their personnel.
That kind of management was clearly in evidence when a number of
national parks on the eastern seaboard used temporary employees during
the summer as lifeguards. Through competitive sourcing, the National
Park Service contracted this work to private lifeguard companies. These
companies then hired the Park Service's temporary employees, giving
them full-time year-round jobs. The local communities benefited through
the enhanced opportunities for local businesses and the former Park
Service employees benefited by getting better pay and more work.
Circular A-76 is important because it represents a win-win situation
for small businesses; also for the Government; also for the taxpayer;
and for all those who need and perform the work.
We are all familiar with the old adage, if it isn't broke, don't fix
it. Circular A-76 is working well and will only get better as we fine-
tune the process. It is a process that isn't broke and it deserves to
keep doing what it does best, saving the Government money.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. THOMAS. Mr. President, I will wait for the floor manager here.
Mr. BURNS. Mr. President, thanking my good friend from Wyoming for
allowing me to interrupt here, I renew the unanimous consent request
with regard to the votes.
I ask unanimous consent that prior to a series of stacked votes,
which will begin at 4:45, there will be 10 minutes of debate equally
divided in relation to the Bingaman amendment No. 1740; further, that
there be a total of 50 minutes equally divided in the usual form in
relation to the Voinovich and Reid amendments on competitive sourcing.
I further ask that at the hour of 4:45, the Senate proceed to a vote
in relation to the Bingaman amendment No. 1740, to be followed by a
vote in relation to the Boxer amendment No. 1753, to be followed by a
vote in relation to the Voinovich amendment, which is to be modified to
be a first-degree amendment, to be followed by a vote in relation to
the Reid amendment No. 1731; provided further that no second-degree
amendments be in order to the amendments prior to the vote, with 2
minutes equally divided prior to each vote.
Mr. REID. Mr. President, we will try this again. Is the time for
Senator Enzi going to be counted toward the 25 minutes that the
majority has?
Mr. BURNS. I would advise that that is acceptable, that the Enzi
statement would be part of that 25 minutes.
Mr. REID. Will the Chair inform me how long the Senator from Wyoming
spoke?
The PRESIDING OFFICER (Mr. Chafee). Seven minutes.
Is there objection? Without objection, it is so ordered.
Mr. BURNS. I yield the floor to the Senator from Wyoming.
Mr. THOMAS. I am sorry, Mr. President, how much time is there?
The PRESIDING OFFICER. Eighteen minutes.

Amendment No. 1731

Mr. THOMAS. Thank you very much, I say to the Senator from Montana.
It is interesting to be talking about this issue. The fact is, I
suspect all of us are looking for the most efficient way to operate the
Government. I guess that is what we spend a lot of time doing. We spend
a lot of time looking for ways to make it less costly to get the job
done. We spend a lot of time providing opportunities for small
businesses. These are the very things that are involved here. Yet we
seem to be trying to keep that from happening. It is a bit of a
surprise.
Competitive sourcing seeks to streamline Federal agencies. This has
been going on, by the way, for a long time. In 1996 we passed the FAIR
Act and began to do something with it. There were different kinds of
reactions to it. There were some efforts made in the Clinton
administration that did not go very far to utilize this.
Then 2 years ago we started to revamp the thing a little bit and make
it work. That is what this administration has done--to make the
Government more accountable to the taxpayers, to reduce the
Government's direct competition in the private sector. These are the
purposes of this competitive sourcing.
The President's competitive sourcing initiative is designed to
improve performance and efficiency. That is really the bottom line.
When the Government competes with the private sector, we erode the
local tax base, we drive up prices, decrease performance of Federal
agencies because there is no competition, and we know that is a key to
our whole effort within the sector.

Regarding cost savings, both the General Accounting Office and the
Center for Naval Analysis, two independent groups, have found through
extensive research that competitive sourcing reduces costs by 30
percent--regardless of who wins. Keep in mind, this is competitive
sourcing. When this particular job or this particular task is set up
for competitive sourcing, the Federal employees have a chance to
compete for it as well as the outside. In most cases, over half the
cases in the past, Federal employees have won.
Nevertheless, because of that, because of looking for ways to do it
more efficiently, there has been a 30-percent reduction in costs. So
the Government can save billions of dollars by allowing the private/
public competition to occur. Stopping this competition only wastes
taxpayer dollars, increases the inefficiency of a Government monopoly,
and prevents us from improving upon services the taxpayers receive.
One of the troublesome things has been that the image of that kind of
action has not often been clear. I have here an article by Fran
Mainella, who is the Director of the National Park Service.

Over the past several months, a number of media reports
have mischaracterized the scope, purpose and effects of the
National Park Service competitive sourcing efforts.

She goes on:

Our competitive sourcing initiative challenges us to put
our finger on our own pulse. It provides a framework by which
we examine whether we have the right skills, the right
techniques, organizational structures to provide Americans
the best possible service--service that is effective and
efficient.

So we have had a great deal of success in doing that. Actually, the
competitive sourcing idea is not a new one. It has been talked about
for a good long time. In fact, I point out here--this is a statement
made in 1996 by the unions publicly supporting competition. It says:

Over the years, the OMB Circular A-76 competitive process
has benefited taxpayers with billions of dollars in savings.
I am proud of the fact that these competitions have shown
Federal workers to be just as competitive as their private-
sector counterparts in terms of their cost, efficiency and
overall quality of performance.
Mr. Chairman, you have often heard me say that Federal
employees are not afraid of competition. If we cannot provide
the services better, faster and cheaper than our private-
sector competition, then we do not deserve to perform the
work in the first place. We ask you and the members of this
committee not to deny us the opportunity and dignity of
competing.

This is the national president of the American Federation of
Government Employees. This is, of course, some time back.
So what we are dealing with here, of course, is an amendment that
prevents the improvement of the Department of the Interior's commercial
activity competitive sourcing. This is something we have dealt with for
a good amount of time.
We talked about the Printing Office and the money that has been saved
there. We talk a lot about parks. Of course, I come from a State with
parks, such as the Grand Tetons.
There is an idea that we are going to replace the park rangers. That
isn't true at all. This has nothing to do with park rangers and people
who have those kinds of professional jobs. We are talking about people
who do maintenance work and people who do other kinds of activities.
That is the case.
We agree parks are special. It is one of the things we hear about a
great deal. We hear about it incorrectly from time to time. That, I
guess, is what is happening here.
Secretary Norton noted that 2,500 positions have been reviewed under
competitive sourcing since 2001. Not one full-time Federal employee has
been involuntarily separated. These are things that change. We have a
great deal of retirement coming up, and there will be some opportunity
to do

[[Page S11796]]

some things here that will give us a chance to make our Federal
Government more effective and more efficient.
Over the past several years it has been our Government policy not to
compete with the private sector. However, the Federal Government
currently has about 416,000 positions that are characterized as
commercial in nature. Seeing that Congress has done a poor job with
sourcing policy, President Bush initiated competitive sourcing to
improve the way it functions. We are now in the process of seeing that
improvement take place.
My colleagues on the other side of the aisle are always concerned
about economic developments. They should support this opportunity to
improve competitive sourcing. Keep in mind that Government competition
in the private sector erodes the local tax base and creates a
Government monopoly.
Here we are. I think we have an opportunity to continue to strengthen
that. The amendment before us is certainly not one that helps that. It
precludes going forward with this very useful thing. The amendment we
will be voting on is a first second-degree amendment.
This reporting requirement addresses a number of the concerns many
Senators had about competitive sourcing. This second-degree amendment
does the following:
It requires the Secretary of the Interior to report annually on its
competitive sourcing efforts, including listing the total number of
competitions completed; list the total number of competitions
announced; the activity covering the total number of full-time
equivalent Federal employees studied under the completed competitions;
total number of full-time equivalent Federal employees being studied
but not completed; the incremental costs directly attributable to
conducting the competition, including costs attributable to paying
outside consultants; estimate of the total and completed savings;
description of the improvements in services and performance derived
from the competition actually reported; and total number of full-time
equivalent employees covered by competition rescheduling for next
fiscal year.
That is the kind of reporting we will have.
We have a number of letters. I ask unanimous consent to have them
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Americans for Tax Reform,

Washington, DC.

Legislative Alert--Support Competition Among the Federal Government and
Private Businesses

The Senate will likely debate and vote on an amendment
offered by Senator Harry Reid (D-NV) to H.R. 2961, the
Department of the Interior (DoI) and Related Agencies
Appropriations Act for fiscal year 2004, which is currently
being debated by the Senate. The amendment prohibits the
initiation or continuation of any competitive sourcing
studies until the House and Senate Committees on
Appropriations have been given a detailed competitive
sourcing proposal and have approved in writing such proposal.
Because the amendment significantly limits the DoI's
management flexibility and prevents the agency's ability to
identify and access the best and most efficient sources for
the performance of its commercial activities, Americans for
Tax Reform (ATR) strongly opposes Senator Reid's amendment.
In his two years in office, President Bush has worked to
make government more efficient by streamlining federal
regulations and holding government bureaucracies accountable
to the American taxpayer who funds their departments. The
president constructed a strong Management Agenda, focusing on
public-private competition to create a performance-based
management initiative designed to improve performance and
efficiency.
Public-private competition, or competitive sourcing, is the
process for determining if the government's commercial jobs,
like computer services, food services, or maintenance, should
be performed by federal agencies or by private sector
companies. However, President Bush's plan to subject federal
workers to competition has come under constant attack from
labor unions and liberal lawmakers on Capital Hill.
While Senator Reid claims that the bill will eliminate
thousands of federal jobs, it is simply not true. For
example, of the 1,600 full-time employees the Department has
already analyzed for competitive sourcing, not one federal
employee has been involuntarily dismissed from his job. In
addition, DoI employees have won roughly 50% of the sourcing
competitions and not a single DoI employee has been
involuntarily separated as a result of competition.
Competition among public and private entities drives down
costs and ratchets up performance. According to the General
Accounting Office and the Center of the Naval Analysis, two
independent and objective groups that have conducted the most
thorough research on competitive sourcing, the cost of a
function goes down 30 percent regardless of whether the in-
house government employees or a private contractor win the
competition. These efficiencies translate into savings of
billions of dollars that can be used for much needed tax
relief for all Americans.
More competition leads to huge savings. Absent competition,
inefficient government monopolies will continue to waste tax
dollars while failing to provide even a reasonable level of
service. Therefore, the taxpayer is the ultimate loser when
competitive sourcing is stymied.
____

National Taxpayers Union,

Alexandria, VA, July 28, 2003.

An Open Letter to Congress: Competitive Contracting Saves Taxpayers
Dollars

Dear Member of Congress: The undersigned organizations
strongly support implementation of President Bush's
competitive contracting program and oppose Congressional
schemes to make implementation of this vital initiative more
difficult or impossible. According to official government
estimates, there are 850,000 jobs in the federal government
that qualify as ``commercial positions.'' These jobs include
everything from writing software to mowing lawns and are done
every day by private firms. President Bush's Management
Agenda set the goal of having half of the commercial
activities performed by federal agencies face competition
over the next four years.
The potential benefits of increased outsourcing are clear.
For example, in 2002, the Office of Management and Budget
decided to use competition in response to poor performance by
the Government Printing Office (GPO) and opened the job of
printing the fiscal 2004 federal budget to competitive
bidding. GPO turned in a bid that was almost 24 percent lower
than its price from the previous year in order to keep its
job. That was $100,000 a year that GPO could have saved
taxpayers any time it chose, but didn't until it faced
competition.
Contrary to popular belief, competitive bidding does not
achieve cost savings by simply reducing the ranks of federal
employees. Research by the General Accounting Office and
other agencies has shown that federal workers win competitive
sourcing bids against private firms about half the time, and
when they do lose, the majority go to work for the contractor
or shift to other jobs in the federal government. Typically,
less than 7 percent of them are laid off.
In spite of the obvious benefits of competition in other
areas of the economy, several efforts are underway in
Congress that would kill competition at the federal level.
Legislative proposals have been introduced to prohibit
competitive outsourcing in the Departments of Agriculture and
Interior, and attempts to prevent reform of air traffic
control are proliferating.
Competition and choice are important marketplace forces.
Harnessing them to provide commercial activities within the
federal government will save taxpayer money and allow federal
agencies to do their jobs more effectively and offer better
service. Congress should be embracing competitive contracting
rather than undermining it.
Sincerely,
Paul J. Gessing,
Director of Government Affairs, National Taxpayers Union.
Dr. Adrian T. Moore,
Vice President, Research, Reason Foundation.
Randall W. Hatcher,
President, MAU, Inc.
Grover Norquist,
President, Americans for Tax Reform.
____

American Council

of Engineering Companies,

September 22, 2003.
To Members of the United States Senate: On behalf of the
6,000 member companies of the American Council of Engineering
Companies, I urge you to vote against an amendment offered by
Senator Harry Reid (D-NV) to the Fiscal Year 2004 Interior
Appropriations bill. The amendment would block funding for
all future public-private competitions, thereby sacrificing
government efficiency, innovation and cost savings.
The competitive sourcing program is a centerpiece of the
President's Management Agenda. The Bush Administration's plan
to open non-inherently governmental functions to competition
from the private market will ensure that taxpayers receive
the best services for their tax dollars. If passed, the Reid
Amendment would prevent Interior from realizing cost savings
that result from public-private competitions. A report from
the General Accounting Office states that public-private
competitions typically result in savings of over 30%.
Private engineering companies provide a range of highly
technical services to the Federal government, including the
Forest Service and the U.S. Geological Survey. Over the past
several years, our member firms have grown increasingly
frustrated over the practice of some Interior agencies that
actively market their services to state and local governments
in direct competition with the private sector. This practice
hits our smaller firms particularly hard. The Bush plan would
help to correct this problem and as such, any

[[Page S11797]]

attempt to derail this process is strongly opposed by the
engineering industry.
ACEC respectfully urges you to place the interests of the
taxpayers first, and support effectiveness and efficiency in
government. Again, we urge you to vote against the Reid
Amendment to the F.Y. 2004 Interior Appropriations bill as
well as any other amendment that may be attached during the
remainder of the 108th Congress.
Sincerely,
Camille Fleenor,
Director, Federal Procurement Policy.
____

Citizens Against Government Waste,

Washington, DC, September 22, 2003.
Dear Senator: On behalf of the more than one million
members and supporters of the Council of Citizens Against
Government Waste (CCAGW), we urge you to vote against an
amendment being offered by Sen. Harry Reid (D-Nev.) to H.R.
2691, the Interior Appropriations Bill for FY 2004, which
would defund competitive sourcing studies provided for under
OMB Circular A-76.
OMB Circular A-76 is the federal process of obtaining
commercial services at the best price through open and fair
competition. This practice is also known as competitive
sourcing, and is the cornerstone of President Bush's
Management Agenda reforms. Competition between the private
sector and government employees performing commercial work
ensures accountability, efficiency, and budget savings.
An inventory of government services conducted during the
Clinton administration identified more than 850,000 of the
1.8 million jobs in the federal government as commercial in
nature. Opening up these services to competition promotes the
principles of government reform and service to the taxpayers.
Numerous studies demonstrate that public-private competition
improves service delivery and decreases costs to taxpayers by
anywhere from 10-40 percent on average.
Opponents of A-76 contend that staging job competitions is
cost prohibitive. This argument is a political smoke screen
meant to derail the administration's management reforms. The
President's commonsense proposals would follow private sector
management practices, such as linking budgets with
performance targets, improving general agency performance
through development and implementation of strategic plans,
and improving service while providing the best value to the
taxpayer.
We urge you to vote ``No'' on Sen. Reid's amendment to H.R.
2691 and allow the continuation of public-private
competition. CCAGW will consider rating this amendment, and
any votes related to competitive sourcing, in our annual 2003
Congressional Ratings.
Sincerely,
Thomas A. Schatz,
President.
____

Congressional & Public Affairs,

U.S. Chamber of Commerce,

Washington, DC, September 22, 2003.
To Members of the United States Senate: On behalf of the
U.S. Chamber of Commerce, the world's largest business
federation, representing more than three million businesses
and organizations every size, sector and region, I urge you
to vote against an amendment offered by Senator Harry Reid
(D-NV) to the Fiscal Year 2004 Interior Appropriations bill.
This amendment would prohibit the Department of Interior
(DOI) from conducting competitive sourcing studies, thereby
sacrificing government efficiency, innovation and significant
cost savings.
Prohibiting competition within DOI strikes at the heart of
the President's Management Agenda, particularly the
Competitive Sourcing Initiative, which aims to increase
government efficiency, improve government performance and
save taxpayer dollars through competition. On average, a 30%
cost savings is realized when a competition between the
public and private sector is held on commercial government
functions, regardless of who wins. In this era of sharply
constrained resources it seems particularly irresponsible to
arbitrarily limit an agency's ability to identify and access
the best and most efficient sources for the performance of
its commercial activities. Senior Administration officials
have recommended that the President veto the FY04 Interior
Appropriations bill if such language is included.
Contrary to common rhetoric, competitive sourcing does not
achieve cost savings by simply reducing the ranks of federal
employees. In fact, of the 2,500 positions that have been
reviewed under competitive sourcing since 2001 in DOI, not
one full-time federal employee has been involuntarily
separated. Federal workers win competitive sourcing bids
against private firms over half the time, and when they do
lose, the majority go to work for the competitive or shift to
other jobs in the federal government.
We respectfully urge you to place the interests of the
taxpayers first, and support effectiveness and efficiency in
government by voting against any anti-outsourcing provisions
in the Fiscal Year 2004 Interior Appropriations bill. The
Chamber may consider votes on or in relation to this matter
in our annual ``How They Voted'' scorecard.
Sincerely,
R. Bruce Josten.
____

National Federation

of Independent Business,

September 22, 2003.

Stand Up for Main Street and Small Business

Dear Senator: On behalf of the 600,000 members of the
National Federation of Independent Business (NFIB), I urge
you to oppose the Reid competitive sourcing amendment to the
Fiscal Year 2004 Interior Appropriations Bill. The amendment
would prohibit the Department from conducting any competitive
sourcing studies and deny small businesses the opportunity to
compete for Interior's commercial activities.
Competitive sourcing is not only an opportunity for federal
agencies to improve the efficiency of their operations, but
it also saves taxpayer dollars. Independent studies by the
General Accounting Administration, among others, contend that
competition will save taxpayers an average of 30 percent.
Congress should not limit the management flexibility of the
Department to study ways to optimize their delivery of
services to the taxpayer. We believe, for example, that
allowing small businesses to bid on services they already
successfully provide in the commercial marketplace will lead
to improving government efficiency and decreasing costs.
We strongly urge a ``no'' vote on any amendment that would
prevent the Interior Department from moving forward on this
important initiative.
This vote will be recorded as a NFIB ``Key Vote'' for the
108th Congress.
Sincerely,
Dan Danner,
Sr. Vice President, Public Policy.

Mr. THOMAS. Here is one in behalf of the U.S. Chamber of Commerce
favoring the competitive sourcing and opposing the amendment.
Here is the NFIB, the National Federation of Independent Businesses,
which opposes the amendment.
Citizens Against Government Waste is also in support of this.
American Council of Engineering Companies, the National Taxpayers
Union, and Americans for Tax Reform--all of these are in strong support
of continuing to give the private sector an opportunity in these areas.
I also finally would like to tell you there is a statement of
administration policy here in which the administration indicates they
will veto a bill that includes this kind of program. They say the
administration understands the amendment will be offered on the Senate
floor which would effectively shut down the administration's
competitive sourcing initiative to fundamentally improve the
performance of government in many commercial activities. The
administration seeks to improve performance of Government services
based on the comprehensive principle of competition, a proven way of
protecting taxpayer dollars while providing better services and
performance. Now is the wrong time to short circuit the implementation
of this principle, especially since numerous agencies are starting to
make real progress in providing public/private competition. If the
final version of the bill contains such a provision, the President's
senior advisers would recommend he veto the bill.
I urge we get support for this amendment so we can continue the
competitive notion.
I reserve the remainder of our time.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, everyone should understand a vote for the
Enzi-Craig-Voinovich amendment is a vote to allow further outsourcing
studies to go on. That is wrong.
What is this amendment about? It is about the Park Service spending
millions of dollars in outsourcing studies which would siphon off funds
critical to the needs within the parks.
The amendment that has been offered by a significant number of
Senators--and I ask unanimous consent to add Senator Kerry and Senator
Clinton as cosponsors--allows current studies to move forward on the
implications to be evaluated. Current studies can go forward. A short
pause is not too much to ask, for the protection of our national
heritage is at stake.
The House included the same reasonable language in its bill.
According to the House report, the Appropriations Committee was
``concerned about the massive scale of seemingly arbitrary targets and
considerable costs of initiatives which are on such vast tracts that
Congress and the public are neither able to participate nor understand
the costs and implications of the decisions being made.''
That is the end of the quote. That is from the Republican House of
Representatives report language in their appropriations bill.
The administration's own Park Service director has indicated the
current

[[Page S11798]]

plan will reduce services to the public, will negatively impact the
diversity of the Park Service, and will not save resources. That is
from the administration's own Park Service director.
I would like to read from a letter sent to me by a Park Service
employee. Remember, this applies to more than just the Park Service.
The Forest Service, the BLM, and other Interior agencies are affected.
This man even signed his name, and, of course, it jeopardizes his job.
But he is a substantial man, I am sure. His name is Chuck Luttrell. It
is a long letter. I will not read all of it.

Among other things, he said:

. . . will the public be tolerant of the selling of the
care and operation of our national treasures to a profit
corporation? Will our parks get the same care, will our
culture and natural heritage be safe in the hands of
companies that could turn out to be Enrons, Worldcoms?

He further states:

The United States of America owes and has pledged a
commitment to our military veterans. We have preferential
hiring regulations for veterans. A private contractor has no
such obligation. The Federal Government has the strongest
commitment to diversity and equality there is.

He says if it is put out to the private sector, veterans will have no
further preference, and diversity will go out the window.

In recent years the Congress wrestled with the issues of
health care and insurance. Federal employees have excellent
health insurance options. Again contractors have far
different priorities and as we all know millions of people
working in private industry have no insurance.
Years ago Congress passed the Davis Bacon Act to ensure
that some workers earned a fair, liveable, negotiated wage.
We employees of Lake Mead's Maintenance Division are an
example of Congress' will. But any contractor that would
replace us has no such obligation.
The Park Service, in my 22 years of service, has never been
sufficiently funded. As an agency, we have always been on
starvation rations, and I can assure you that at my level,
Lake Mead N.R.A., there is absolutely no fat in the
system. For years our managers have been required to do
more with less.

The National Park System he talks about has 10 million visitors a
year. Lake Mead is the second busiest park in the whole United States.
He goes on to say:

When it comes to saving the taxpayer's dollars nothing is
more efficient than having the work done for free. Nationwide
the National Park Service receives hundreds of thousands of
hours of donated labor. At Lake Mead N.R.A. alone last year
the public volunteered over 92,000 hours of which nearly
21,000 hours were in performing maintenance work. People will
volunteer to work for the National Park Service because they
recognize it is a noble and worthy gift to the country.
People do not, as we all know, volunteer to work for private
contractors.

He goes on to say:

Beyond being a workforce for our respective Parks, we
employees of the National Park Service are a national work
force. Lake Mead N.R.A. has sent people out over the years to
help with everything from oil spill cleanups to hurricane
relief. Every year Lake Mead employees are fighting this
Nation's wildland fires. This year, as always, we are on the
line protecting places like Denver, Colorado, and Show Low,
Arizona. But who will serve and man the fire camps when we
are gone?
It sounds cliche, but for the large majority of the
National Park Service's employees their work is more than
just a job. It is commonplace for people in my outfit to do
much more than just what is written in their position
descriptions. I am a carpenter. I also teach all of our
Rangers how to conduct water search and rescues. I'm not
special. The maintenance employees of Lake Mead N.R.A. serve
on the SCUBA team, on District fire engine companies, and
with search and rescue teams. We serve on Park committees and
often volunteer for special details. We are trained in first-
aid and are first responders. We direct traffic at accident
sites, we help land medical evacuation helicopters, and we
help handle victims and patients. We are also the eyes and
ears for our Rangers. We often are the ones who discover
trouble and report it. I don't think that it is too far of a
stretch to say that in some small way we are even part of
homeland security . . . let me say that we are essentially
ambassadors for the National Park Service. We are uniformed
employees constantly in the public eye. We are often the
first and sometimes the only ``official'' contact visitors
have with the Service. We answer questions, give directions,
and not all that uncommonly change a tire or two. We do all
these things and more, yet they are not in our job
descriptions and a contractor replacing us would not be
obligated to perform any of them.

I ask unanimous consent the full text of this letter be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
August 5, 2002.
Hon. Harry Reid,
U.S. Senate,
Washington, DC.
Dear Senator Reid: My name is Chuck Luttrell and I am an
employee of Lake Mead National Recreation Area. I am writing
to you on behalf of my fellow employees of the Maintenance
Division. The reason I am writing is because we believe a
process is taking place that is detrimental to the National
Park Service in general and Lake Mead in particular. It is my
hope that I can adequately articulate our concerns and enlist
your support and the power of your office to stop a
bureaucratic train before it becomes a train wreck.
As you know the Federal Activities Inventory Reform (FAIR)
Act, along with the President's Management Agenda has
required Federal agencies to start implementing the
requirements of the Office of Management and Budget's
Circular A-76. The Department of the Interior and the
National Park Service have begun this ``Competitive
Sourcing'' process. The Lake Mead N.R.A. Maintenance Division
is part of the first round of studies and will begin its
evaluation in June of 2003.
The stated purpose and goals of Competitive Sourcing are
efficiency and cost savings. The dedicated people I work with
welcome ways to improve and do our jobs better. However, we
are very concerned that the Competitive Sourcing or A-76
process is flawed when applied to the National Park Service.
We suspect that no only will it fail in its basic objectives,
but worse it will betray public trust and threaten the very
resources the Service was created to protect. Our ranks
provide services that will be ignored by the Competitive
Sourcing process and therefore lost to the visitor. Private
contractors simply can never completely replace our own work
force. Much of what we do and represent isn't even on the bid
sheet.
It is my understanding that in dozens and dozens of A-76
conversions from the public to the private sector, no real
and tangible cost savings can be shown. Rather, substantial
cost such as employee severance packages, contract change
orders, contract disputes, litigation, etc. more than
eliminate any anticipated savings. But more importantly,
will the public be tolerant of the selling of the care and
operation of our National treasures to a for profit
corporation? Will our Parks get the same care, will our
cultural and natural heritage be safe in the hands of
companies that could turn out to be ENRON's or WORLDCOM's?
I realize that what I have written so far could be
dismissed as the ravings of a man fighting to save his job.
Indeed it would be easy for irrational fear to drive my pen.
But Sir, that is not it at all. If only you could speak to
the real managers and leaders of the Park Service. The career
professionals who actually run this outfit and who are the
ones responsible for getting the job done day to day, I have
confidence that you would hear that our concerns are valid.
The United States of America owes and has pledged a
commitment to our military veterans. We have preferential
hiring regulations for veterans. A private contractor has no
such obligation. The Federal Government has the strongest
commitment to diversity and equality there is. While all
contractors are required by law to provide equal opportunity,
as we see in courts all across this land not all live up
fully to those requirements. We've all heard it, ``Social
Security is not a retirement plan.'' Yet while the Federal
work force is provided a fair retirement package, contractors
have very different priorities and their employees may or may
not have some type of retirement future. In recent years
Congress has wrestled with the issues of health care and
insurance. Federal employees have excellent health insurance
options. Again contractors have far different priorities, and
as we all know millions of people working in private industry
have no insurance. Federal employees that have been
``competitively sourced'' out of their jobs may add to those
uninsured rolls. Years ago Congress passed the Davis Bacon
Act to ensure that some workers earned a fair, liveable,
negotiated wage. We employees of Lake Mead's Maintenance
Division are an example of Congress's will. But any
contractor that would replace us has no such obligation.
However, rather than focus on issues we believe are
important but can be viewed as self serving, let me now turn
to why we are the best option for the public and this
country. The Park Service, in my 22 years of service, has
never been sufficiently funded. As an agency we have always
been on starvation rations and I can assure you that at my
level, Lake Mead N.R.A., there is absolutely no fat in the
system. For years our managers have been required to do more
with less. Being efficient is how we get the job done. Long
ago we made decisions to contract out certain maintenance
functions, namely garbage collection, lawn services, and
certain custodial work, because those things could be done
cost effectively by contractors. Unfortunately the
Competitive Sourcing study we now face gives us no credit for
this forward thinking.
When it comes to saving the taxpayer's dollars nothing is
more efficient than having the work done for free. Nationwide
the National Park Service receives hundreds of thousands of
hours of donated labor. At Lake Mead N.R.A. alone last year
the public volunteered over 92,000 hours of which nearly

[[Page S11799]]

21,000 hours were in performing maintenance work. People
will volunteer to work for the National Park Service
because they recognize that it is a noble and worthy gift
to this country. People do not, as we all know, volunteer
to work for private contractors. Despite this reality, the
A-76 process prohibits us from counting volunteers as part
of our efficiency/cost savings model.
When it comes to getting the job done the National Park
Service's proud tradition of employees being ``generalists''
make us extremely efficient. Here at Lake Mead N.R.A. even
though our maintenance employees are classified as
electricians, mechanics, operators, or whatever, the bottom
line is we get the work done by using all of our people in
the most efficient combinations. For example on a day when
there are no pressing plumbing issues we might use our
plumbers to help our carpenters pour concrete, rather than
hire day labor. Our Maintenance Division has the flexibility
and capacity to respond to any situation. Whether it be to
repair storm damage or to prepare for an unscheduled event
like the recent visit of the Secretary of the Interior to our
area, our work force is agile and immediately responsive.
With contractors however, if it isn't in the contract it
doesn't happen without delays, change orders, and
renegotiated fees.
Beyond being a work force for our respective Parks, we
employees of the National Park Service are a national work
force. Lake Meed N.R.A. has sent people out over the years to
help with everything from oil spill clean ups to hurricane
relief. Every year Lake Meed employees are out there fighting
this Nation's wildland fires. This year, as always, we are on
the line protecting places like Denver, Colorado and Show
Low, Arizona. But who will serve and man the fire camps when
we are gone?
It sounds cliche, but for the large majority of the
National Park Service's employees their work is more than
just a job. It is common place for people in my outfit to do
much more than just what is written in their position
descriptions. I am a carpenter. I also teach all of our
Rangers how to conduct water search and rescues. I'm not
special. The maintenance employees of Lake Meed N.R.A. serve
on the SCUBA team, on District fire engine companies, and
with search and rescue teams. We serve on Park committees and
often volunteer for special details. Because our maintenance
staff is slightly larger than the Ranger force, and we are in
the field all day, everyday, we effectively bolster their
ranks. We are often the first on the scene or the first
person contacted when incidents occur. We are trained in
first-aid and are first responders. We direct traffic at
accident sites, we help land medical evacuation helicopters,
and we help handle victims and patients. We are also the
years and ears for our Rangers. We often are the first ones
to discover trouble and report it. I don't think that it is
too far of a stretch to say that in some small way we are
even part of our homeland security. After all it could well
turn out the some maintenances worker at the Statue of
Liberty or Mount Rushmore and could see something that would
make a difference. But without speculating what could be, let
me say that we are essentially ambassadors for the National
Park Service. We are uniformed employees that are
constantly in the public eye. We are often the first and
sometimes only ``official'' contact visitors have with the
Service. We answer questions, give directions, are not all
that uncommonly change a tire or two. We do all of these
things and more, yet they are not in our job descriptions
and a contractor replacing us would not be obligated to
perform any of them.
Up until now I have been talking about things that in some
way could be counted or measured. There is however one more
point I wish to make. Something that is there but can't be
bought or sold at any price. Every organization has a
culture, an ethic, and a personality. Employees of the
National Park Service are no different. We believe what we do
is special and important beyond merely just doing a good job.
We see ourselves as partners in the stewardship of this
Country's heritage. Virtually all embrace our over riding
mission from the 1916 act creating the National Park Service:
``which purpose is to conserve the scenery and natural and
historic objects and wildlife therein and to provide for the
enjoyment of the same in such manner and by such means as
will leave them unimpaired for the enjoyment of future
generations.'' Our motivation is much different than those
who would replace us. The goal of commercial industry is
efficiency in pursuit of profit. That objective could not be
more different than our goal of preserving and protecting our
National treasures. I would strongly argue that no matter how
conscientious a contractor is, he could never match the
service and dedication we give to this Nation and our Parks.
The public instinctively recognizes that motivation counts.
As we saw with the issue of airport security, the public
wanted a Federal work force because they knew quality and
profit margins are opposing forces in the private sector.
As a Statesman I know any action you take is taken in light
of the greater good of the Nation and Nevada. In this letter
I have tried to persuade you that Competitive Sourcing, while
it sounds good on paper, is not good for the National Park
Service or Lake Mead National Recreation Area. I have tried
to describe why we believe we are the best value for the
public, but most importantly I hope I have been able to
convey to you that we are a fundamental part of the National
Park Service's mission. It is our sweat and toil that keeps
this Park open. We are central in the 1916 act creating us.
We help preserve and protect this special place with our
tools and our skills.
It is my understanding that the A-76 and Competitive
Sourcing processes have provisions to exclude certain work
because it is either inherently governmental or represents a
core function of the agency. It is also my understanding the
decision as to whether an activity should be retained in-
house rests with the director of that agency. We hope that
you agree with us that the work we do is so closely related
to the public interest that it would be a mistake to put it
on the auction block. If you are sympathetic with our cause I
would like to most respectfully ask that we be removed from
further consideration in the Competitive Sourcing process. I
know not where your authority rests in matters concerning the
Executive Branch's internal business, but I do know right is
might.
Finally, Sir, my apology for the length of this letter. I
know your time is extremely valuable and we the proud and
dedicated people of the Maintenance Division are most
grateful for your time and consideration in this matter.
Sincerely,
Chuck Luttrell,
Carpenter, Lake Mead N.R.A.
Also signed by 40 members of the Maintenance Staff of Lake
Mead National Recreation Area.

Mr. REID. But it is just not employees trying to protect their jobs.
They are people of good will who enjoy our parks. This is not a
statement from an employee of the Park Service or BLM or the Forest
Service. This is a letter from a person who cares about what is going
on.

This letter is intended to voice my outrage at President
Bush's plans for privatizing our Nation's National Park
System.
The President's planned study and outsourcing of our
Nation's most valuable and symbolic resource should create
indignation in the heart of any American. Our parks have been
on the short end of the funding stick for years, but this
recent maneuver goes too far. As you know, private contracted
companies are only interested in generating the maximum
profit, no matter what corners and services get cut in the
process.
Will you allow our National Parks to become another victim
of the ``Wal-Mart Syndrome''? Are we going to allow a system
that services our nation's last natural treasures with a
network of uninsured low wage caretakers from the lowest
contract bidder?
The other factor that you should consider is the loss of
thousands of annual volunteer hours that our parks receive
from the American public. Hundreds of men and women give on
themselves each year to support our parks. However, no one
will wish to denote their personal time to maintain the
thousands of miles of roads and trails in our parks to the
benefit of some private company.
The President has gotten his war and desired tax cuts, but
I urge you as my representative to put your foot down and
stop this plan from proceeding.

Mr. President, from another citizen:

As a resident of Nevada I find the proposed outsourcing of
National Park Service personnel to be outrageous and almost
offensive.
Employees of the Park Service are driven by a respect for
the parks and love of what they do. Nevadans visiting our
national parks want members of the Park Service, not profit-
minded corporations, enriching their experiences. I oppose
privatizing the Park Service because it would hurt Nevadans,
endanger our national parks, and waste taxpayer money.
Too many private firms have gone this route, costing jobs
in local communities, opening doors for big business, while
causing the local economies to falter.
We live, work, and play in this State. Many of the Park
personnel are our neighbors and friends. They care deeply
about what they do.
I do not think a commercial corporation can do this--I have
visions of an HMO system for our National Lands and shudder.
Who gets the profit from this private enterprise? We've seen
enough of the favoritism the current administration employs,
and frankly, this seems another opportunity for more of the
same.
I would certainly no longer volunteer for the Forest
Stewardship activities in the Lake Tahoe basin. I doubt that
many would. Volunteering time for a profitmaking concern is
not logical--why help a corporation that doesn't care diddly
about the land, the lakes, or the environment increase their
profits and not be paid for the ``contribution?''
I'm one small voice but I am convinced that privatization
of our national park system would be another step to
demolishing what little resources we have now and what we can
hope to gain in the future to hold and treasure for future
generations.

I ask unanimous consent this letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

As a resident of Nevada I find the proposed outsourcing of
National Park Service personnel and resources to be
outrageous and almost offensive.

[[Page S11800]]

Senator Reid is so ``right on'' with the statement,
``Employees of the Park Service are driven by a respect for
the parks and a love of what they do. Nevadans visiting our
National Parks want members of the Park Service, not profit-
minded corporations, enriching their experiences.'' I oppose
privatizing the Park Service because it would hurt Nevadans,
endanger our National Parks and waste taxpayer money.
Too many private firms have gone this route, costing jobs
in local communities opening doors for big business while
causing the local economies to falter (GE in San Jose, CA,
outsourced their printing to a national company to save
money. It ultimately led to layoffs in the local community
and an increase in their operating expenses). We're having
enough trouble with the local and Nevada budget without
adding additional unemployment which will ultimately mean
increased tax burdens via supplemental income, job
retraining, and money for employees in Nevada going outside
the State to bigger business. This is not simply an issue to
be addressed for our own State, but for the Nation as a
whole.
We live, work and play in this State. Many of the Park
personnel are our neighbors and friends. They care deeply
about what they do. (Their pay is relatively low for the
expertise they must have--they do it because they know the
value of protecting our parks, wildlife habitats, and the
environment.)
I do NOT think a commercial corporation can do this.--I
have visions of an HMO system for our National Lands and
shudder. Who gets the profit from this private enterprise?
We've seen enough of the favoritism the current
administration employs, and frankly, this seems another
opportunity for more of the same. This aspect of what the
administration is proposing bears watching closely.
What about the numbers of people and hours required to
maintain our Parks as best we can? With dollar to cost
averaging, they cannot factor in the vast number of hours
spent by volunteers to assist the Park Service. I would
certainly no longer volunteer for the Forest Stewardship
activities in the Lake Tahoe Basin. I doubt that many would.
Volunteering time for a profit making concern is not
logical--why help a corporation that doesn't care diddly
about the land, the lakes or the environment increase their
profits and not be paid for your ``contribution?''
I'm one small voice but I am convinced that privatization
of our National Park system would be another step to
demolishing what little resources we have now and what we can
hope to gain in the future to hold and treasure for future
generations.
What can we do to help see this does not happen and ensure
that our Parks Service maintains its integrity?
Thank you.
Lin Yeazell.

Mr. REID. We read editorial comments from all over America opposing
what is happening here. I have one editorial from the Las Vegas Sun
newspaper, written by Michael O'Callaghan: ``These Are Your Parks.''
Among other things, he says:

Americans who love and use our nation's parks have been
wondering when former secretaries of the Interior were going
to speak. Two of them just did that Tuesday when Bruce
Babbitt and Stewart Udall challenged the attempt to privatize
the positions servicing the parks and the public visitors . .
. They both see the turning over of 70 percent of the jobs to
the private sector as both ``radical'' and ``reckless.''

Among other things, O'Callaghan states:

Privatization of services forces within our park system
would be but the first deadly step to turning them away from
public recreation into a big business. Next they could have
neon signs at park gates leading to Yellowstone Enron, RCA
Zion, U.S. Cellular, Crater Lake, or Death Valley Coors. How
about Basin Bank One? They already have signs in big city
ballparks and this could be their next big step.

I ask unanimous consent the full context of the O'Callaghan editorial
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Las Vegas Sun, Aug. 1, 2003]

Where I Stand--Mike O'Callaghan: These Are Your Parks

Americans who love and use our nation's parks have been
wondering when former secretaries of the Interior were going
to speak. Two of them did just that Tuesday when Bruce
Babbitt and Stewart Udall challenged the attempt to privatize
the positions servicing the parks and their public visitors.
Both challenged the present secretary's attempt to have
almost all of the loyal public servants replaced by private
sector employees. They both see the turning over of 70
percent of these jobs to the private sector as both
``radical'' and ``reckless.''
This situation has outdoor enthusiasts recalling when
Interior Secretary Gale Norton's mentor, then-Interior boss
James Watt, had his own agenda that threatened public lands
and parks. That's when a former assistant secretary from the
Ford and Nixon years, Nathaniel Reed, recommended that
President Ronald Reagan fire Watt.
It was in May 1981, during a speech, when Reed reminded his
fellow Republicans of their party's role in protecting public
lands. He started by telling them it was President Abraham
Lincoln who first withdrew Yosemite Valley for protection,
U.S. Grant's signing of a bill to create Yellowstone, and
Theodore Roosevelt's creation of the Forest Service and the
first national wildlife refuge. Yes, and it was Dwight D.
Eisenhower who created the Arctic Game Refuge that Norton now
wants to drill for oil.
The Reed went to work on Watt saying, ``But two of Watt's
actions have convinced me that he is already a disaster as
secretary. One of these is his butchery of the Land and Water
Conservation Fund. The other is the talk that he delivered to
the Conference of National Park Concessioners on March 9 of
this year--surely one of the most fawning, disgusting
performances ever given by a Secretary of the Interior. He
was so eager to please that he all but gave away the park
system.''
Privatization of the service forces within our park system
would be but the first deadly step to turning them away from
public recreation into a big business. Next they could have
neon signs at park gates leading to Yellowstone Enron, RCA
Zion, U.S. Cellular Crater Lake or Death Valley Coors. How
about Basin Bank One? They already have signs in big city
ballparks and this could be their next big step.
If Nevada Sen. Harry Reid has his way this won't happen.
Reid's Park Professionals Protection Act, if passed, will
take care of this challenge. It is designed to ``prohibit the
study or implementation of any plan to privatize, divest, or
transfer any part of the mission, function, or responsibility
of the National Park Service.''
In support of his bill, Reid gave some insight to the work
of park professionals when writing: ``Many of these Park
Service jobs have direct contact with visitors to our parks.
They not only collect fees and maintain parks but also give
directions, fight wildfires when necessary, and provide
emergency medical assistance to injured park visitors. They
are not required to do these things; they are driven by a
love for the parks and commitment to public service that
contractors lack.
``Privatizing the Park Service would jeopardize our
national parks. Members of the Park Service have a career-
long interest in maintaining the parks and perform their jobs
because they are dedicated to serving the public. They often
go beyond the call of duty to fix a problem in the middle of
the night or change a tire for an unlucky park visitor. Can
we be sure that a contractor would do the same? No.''
Friends of our national parks have suddenly awakened and
the gloves are off. Let's hope it's not too late. How about
Basin Bank One?

Mr. REID. How much of my 25 minutes remains?
The PRESIDING OFFICER. Thirteen and a half minutes.
Mr. REID. I repeat, anyone who supports the amendment of my friends,
the distinguished Senator from Ohio and the two Senators from Wyoming,
is voting to allow privatization of our national treasures to continue.
Muddle it up--and that is what this amendment does--muddle it all you
want, that is what it is. Some people think you can privatize
everything. You cannot do that. You cannot do that. There are certain
things that should be off limits. Our national treasures should be one
of them.
I repeat for the third time, anyone who votes for the amendment of my
friends from Ohio and Wyoming is voting to privatize. Say it however
you want, but Udall and Babbitt, former Secretaries of the Interior,
recognize what is taking place. We have been told by my friends that
there is no such privatization plan underway. If that is true, I point
out there should be no objection to my amendment.
Why study a plan, a privatization plan that will never be put into
effect? My amendment puts a hold on the administration's privatization
plans for this coming fiscal year.
I am getting more concerned each day. This Constitution I carry
around with me sets forth the separation of powers doctrine, executive
branch of government, legislative branch of government, judicial branch
of government, separate but equal. One is not superior to the other. I
see more and more coming from this administration that the Congress is
not relevant.
If the President of the United States and his people want to study
the privatization of our national treasures, let them come to Congress
and get the money to do it. What are they doing? They are scavenging
the money from present programs. I listed today a number not being done
because they were using this money for studies.
We have already learned from the Park Service director who works
under George Bush that the current plan will reduce service to the
public, negatively impact the diversity of the Park Service workforce,
and will not save resources. This is something that should

[[Page S11801]]

be under the prerogative of the legislative branch.
Let us provide money if it is such a good idea. Do not just steal it
from other programs within the agencies. That is what they are doing.
Therefore, we cannot do things to remove asbestos, to repair sewer
systems, to take care of water systems, and to provide renovation in
the parks.
President Bush said when he took office that he wanted to reduce the
backlog of renovation, repair, and maintenance that needed to be done
in our parks. Well, that was doublespeak, I guess. That is ``1984''
revisited--Orwell's book--because, in fact, it has gone up. The backlog
has gone up from 4.9 billion to 6.1 billion. Let's do it the right way.
Let's protect our constitutional prerogatives.
In 2002 and 2003 the agencies under the jurisdiction of this bill
reprogrammed funds to study privatization. I repeat what the House
committee report on the Interior bill noted: The massive privatization
initiative appears to be ``on such a fast track that the Congress and
the public are neither able to participate nor understand the costs and
implications of the decisions being made'' by the administration. The
committee's required programming guidelines are not being followed by
the administration.
That is report language from the Republican-controlled House of
Representatives. Shouldn't we go along with them? The answer is yes.
This was in the Republican committee report. That is why, in part, the
House Interior Appropriations Subcommittee prohibited the expenditure
of funds for more studies in 2004. That is precisely what my amendment
does. We agree with the House.
Others have argued privatization will save money. The General
Accounting Office estimated this may or may not be true. Studies of
outsourcing at the Department of Defense, by contrast, where
outsourcing is common, have been unable to demonstrate a single penny
of cost saving. What we do know is that private companies will take
care of our parks under their agenda.
We should be very proud that since World War II veterans get a
preference. If you served in the military, you apply for a job, you
take a test, and we give you a few extra bonus points because you
served our country. The private sector will not have to do that. They
do not have to follow the same rules and regulations we have dealing
with hiring the handicapped. They have all kinds of ways to cut corners
in the private sector. It is not going to save money.
What I believe, and lots of other people believe, is private
companies will not take care of our parks and forests and other public
lands with the same motivation the people who are now working there do.
This has nothing to do with labor unions. I know there is a letter
circulating saying this is an effort by the minority to protect labor
unions. As I said earlier today, I read into the Record different
entities which support this amendment: the Wilderness Society, the
National Trust for Historic Preservation, the National Parks
Conservation Association, the American Federation of Government
Employees. There is one union and three public service groups. This has
nothing to do with unions. It has everything to do with protecting our
national treasures.
I talked about one contractor who wasted $21,000 on a workable design
to build courtesy docks on a lake in a park. Of course, the Park
Service employees would have known that in a second. I talked about
garbage collection. When the garbage was collected by Federal
employees, it cost $150,000. Now it is done in the private sector, and
it costs over $500,000.

I talked about public employees at Shenandoah National Park who
rescued a lost boy. An official at Glacier National Park, who
contracted out their janitorial services, said: ``We didn't really save
anything from a dollars and cents perspective. The costs came in the
above and beyond things the Park Service janitors regularly did that
were outside their regular job descriptions.''
Privatization does not always work. It has not worked in Nevada at
our two military bases. Privatization can affect the experience
visitors have at our parks, as the Director of the Park Service has
said. And I quoted that on two separate occasions just in the last few
minutes.
I urge my colleagues to support this amendment. Although my friend
from Ohio and the two Senators from Wyoming have said privatization
saves money for maintenance projects at our parks, in every instance
that has proven to be false. These agencies have reprogrammed millions
of dollars in 2002 and 2003 from maintenance projects to perform these
unauthorized maintenance studies. These funds were diverted from
maintenance projects in our parks.
I personally think privatization is a bad idea, but my amendment does
not stop current studies. It prevents new ones from starting until
Congress has more information about the administration's initiative and
the effects it is having on our national parks and forests. They have
already wasted all that money studying what goes on. Why don't they
issue a report on that and stop, have a slowdown, a pause, a timeout on
going forward with more study? That is what I have asked for in my
amendment.
Mr. DORGAN. Mr. President, will the Senator from Nevada yield?
Mr. REID. Mr. President, I am happy to yield to my friend, the
manager of this bill.
Mr. DORGAN. I support the amendment offered by the Senator from
Nevada. I must point out I think there are wonderful public servants in
this country serving, day and night, the public interest, the public
need. I think this simple, easy notion that you can just contract
everything out and things will be better is really pretty much wrong-
headed.
Oh, there may be some circumstances where it is appropriate, but I
will tell you, you take a look at firefighters, the police officers, go
back to 9/11 and talk to the folks who responded to the calls on 9/11
when that terrible tragedy occurred in New York City, the devastating
attack on this country--and, yes, those were public employees who were
rushing up those stairs--firefighters, law enforcement men and women,
rushing up those stairs--losing their lives, as the building was
collapsing, trying to save lives. These were public employees. There
are so many serving in so many different ways--the archaeologists and
biologists working in the Park Service and in so many different areas.
In this piece of legislation, one of the agencies had spent money
they should not have spent studying contracting out when, in fact, they
did not have the money for the kind of basic repairs and maintenance
necessary to be done in the parks. So instead of doing what they should
have done to keep the parks in the kind of shape they should be, they
were using money to study: How can we contract these jobs out?
Well, there are plenty of examples--my colleague from Nevada has used
some of them--where you completely lose control with respect to
contracting out. I just think it is important sometimes to stop and
take a look at the workforce that belongs to the public sector, and to
say that, in many instances--most instances--they do a wonderful job to
serve this country very well, and there is no substitute--no, not
contracting out, and no other substitute I know of--that could replace
that group of dedicated public workers who serve this country day after
day after day. That is why I am happy to support this amendment.
Mr. REID. Mr. President, I want the Record to reflect--I have been
somewhat impersonal, and I do not want to do that--the Park Service
Director now is a woman by the name of Fran Mainella. I want the Record
to reflect she is the one who has indicated the current plan would
reduce services to the public, negatively impact the diversity of the
Park Service workforce, and will not save resources.
I reserve the remainder of my time.
Mr. CANTWELL. Mr. President, I rise today to voice my support for the
amendment offered by my colleague, Senator Reid. This amendment is
important and it's fitting that we discuss this measure this week, just
days after the 10th anniversary of National Public Lands Day.
On Saturday, thousands of Americans around the country contributed
their time and labor to help improve our shared national lands. In my
home State of Washington, volunteers restored trails, planted trees,
and improved oyster habitat, to name a few

[[Page S11802]]

projects. I commend everyone who was involved in this effort for their
commitment to protecting and preserving our public lands.
Today's debate is about the many thousands of federal employees who
dedicate themselves to this important cause every day. In our national
parks, national forests, national wildlife refuges, and other public
lands, these men and women work every day of the year to protect and
preserve these national treasures.
An article by Seattle Post-Intelligencer columnist, Joel Connelly,
quoted Stewart Udall, the Interior Department boss under Presidents
Kennedy and Johnson as saying ``These are the best people in the
government . . . It's extraordinary they would pick on this Teddy
Roosevelt agency.''
Unfortunately, the Bush administration has proposed a rule change
that would radically alter the management of our public lands. The
President has proposed ``outsourcing'' important stewardship roles to
for-profit contractors. Under his proposal, private contractors could
fill more than 800,000 jobs, including posts in the National Park
Service like at Olympic National Park, U.S. Fish and Wildlife Service,
and U.S. Geological Survey, among other agencies. In my home State of
Washington, this proposal could affect 10,000 government-wide jobs,
including 348 national park biologists, educators, and maintenance
staff.
I believe this is the wrong approach. When it comes to our public
lands, our first concern should be protecting our national treasures by
ensuring the highest level of natural resource stewardship.
There are many legitimate questions as to whether this outsourcing
scheme would even save any money. In June, the General Accounting
Office concluded a comprehensive 2-year study on outsourcing and found
that ``competitions took longer than projects, costs and resources
required for competitions were underestimated, [and] determining and
maintaining reliable estimates of savings was difficult.''
Even though the long term ``savings'' are suspect, we know for sure
that outsourcing is hurting our national parks. Park Service Director
Mainella estimated that the first round of competitive sourcing would
cost $3 million, much of which will have to come out of maintenance.
Even though Mount Rainier was taken off the list of parks subject to
outsourcing this year, Park Superintendent Dave Uberuaga had to set
aside $335,000 of badly needed money for park maintenance to pay for a
privatization study. The cost of simply studying these Park Service
positions is estimated to begin at $3,000 and go up from there.
The Federal workers entrusted with the preservation of our public
lands can't simply be replaced by private workers. They are dedicated
professionals who know the parks and public lands better than anyone,
and they are not beholden to private interests who seek to exploit our
public lands.
Don't just take my word for it. Listen to what 145 former National
Park Service employees--including four former directors--said in a
recent letter to President Bush decrying his proposal:
While publicizing glossy reports to convince the public that your
Administration cares about this country's national treasures, you are
strangling the very core of park stewardship, sidestepping the
important issues that are facing the parks and ignoring the operational
budgets of the parks. We are seeing evidence at every turn that when
private for-profit interests vie with resources of the park, the
private interests, and not principle, governs.
Even the current Director of the National Park Service, Fran
Mainella, disagrees with the administration's approach. Earlier this
year, in an intra-departmental memo, she expressed her concerns about
the President's initiative. She noted that because the administration
did not seek funding to cover the costs of the thousands of competitive
sourcing studies it has mandated, those costs must be absorbed by
reductions in park operations and other worthy activities, which will
result in reduced visitor services and the deferment of essential park
maintenance.
Losing current National Park Service employees will also cause our
national parks to lose a great deal of institutional knowledge to
individuals who may not have training in these fields. National Park
Service employees, who often live in rural communities surrounding the
parks, are dedicated public servants committed to preserving our parks
for all Americans' enjoyment and benefit now and in the future. They
are also versatile and provide irreplaceable services during
emergencies. The same employee that helps maintain park infrastructure,
is also one of the first firefighters on the scene, providing
invaluable information about the parks' terrain.
Without this amendment, the Park Service could also lose tens of
thousands of volunteers. These are dedicated citizens who contribute
their time to help out in some of the most beautiful parts of the
country. I have heard from a number of my constituents that they
volunteer because they feel they are sharing their love of the outdoors
with others and maintaining our public lands for future generations.
But they warned me they would feel very different about giving their
time to help support some for-profit contractor.
Conservation and protection of our public lands is not a partisan
issue. The majestic herd of Roosevelt Elk in my home State's Olympic
National Park is a fitting reminder that throughout the past century,
Republicans and Democrats have been able to come together to preserve
our Nation's public lands.
In that spirit, I encourage my colleagues on both sides of the aisle
to support this amendment, and vote to prevent the ``outsourcing'' of
the stewardship of our natural treasures.
I ask unanimous consent to print the above-referenced article in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Seattle Post-Intelligencer, July 30, 2003]

In The Northwest: `Outsourcing' a sweeping attack on national parks

(By Joel Connelly)

National parks are ``the best idea America ever had,''
wrote author Wallace Stegner, an idea that has spread around
the globe since Yellowstone became the world's first national
park 130 years ago.
Lately, the Bush administration has come up with what it
believes is a better idea: ``outsourcing'' key work performed
by the National Park Service to private contractors.
It appears to be an initial step toward privatizing
management at the crown jewels of America's natural beauty
and historic sites where our country's freedom was won and
the Union sustained.
A hundred park employees recently signed a protest letter
to the president. Mount Rainier National Park has been a
center of resistance, so much so that Park Service Director
Fran Mainella just visited.
Yesterday, two Arizona outdoorsmen and long-serving
Interior secretaries, who supervised the park system, broke
their silence in a telephone interview with a half-dozen
reporters around the country.
``What we are talking about is an attempt to dismantle the
National Park Service as we know it today. It turns its back
on 100 years, and a national park system that is the envy of
the world,'' said Bruce Babbitt, Interior secretary from 1993
to 2001.
Added Stewart Udall, Interior's boss under Presidents
Kennedy and Johnson, ``These are the best people in the
government . . . It's extraordinary they would pick on this
Teddy Roosevelt agency.''
In an April 4 memo, Mainella disclosed that 900 park jobs
across the nation are marked for ``direct conversion'' to
private contractors and that an additional 1,323 jobs are to
be bid out in the next few months. The first phase of
``outsourcing'' will privatize about 13 percent of the Park
Service's permanent work force.
The administration is not talking just about big road
repairs, or lodging and food services, jobs already performed
by private contractors.
Quite the contrary. The initial privatization list includes
hundreds of park archaeologists, biologists and historians--
the very people whose professional judgment is needed to
safeguard park resources.
As a Mount Rainier climbing ranger, and later
superintendent of Virginia's much-visited Shenandoah National
Park, Bill Wade learned care in where to put his feet and his
choice of words.
At a recent U.S. Senate hearing, however, the now-retired
second-generation Park Service employee cut loose with a
scathing critique.
``Never before have we seen so many simultaneous assaults
on the purposes for which the national park system exists,''
said Wade. ``Such assaults are undermining the role of the
National Park Service professionals who steward our great
natural and cultural legacy. Such assaults are contributing
to the failure of the Park Service to carry out its

[[Page S11803]]

intended mission on behalf of America's public.''
Why is the administration doing this?
After all, candidate George W. Bush spoke at Haskel Slough
near Monroe in 2000, pledging a major drive to complete
urgently needed maintenance at the national parks. First lady
Laura Bush has spent this week hiking with old school friends
in Olympic National Park.
Due to ``outsourcing'' studies, moreover, the Park Service
has warned supervisors in the West that their maintenance-
repair budget would be scaled back by more than 25 percent--
largely to pay for consultants. Mount Rainier, with a $100
million backlog, has been forced to put off urgently needed
projects.
An administration management agenda for fiscal year 2002
gives the rationale: ``Competition promotes innovation,
efficiency and greater effectiveness. For many activities,
citizens do not care whether the private or public sector
provides the service or administers the program.''
One wonders whether the right-wing ideologue who wrote this
has ever visited a national park. He or she would discover:
The National Park Service is an agency of legendary esprit
de corps, in which people move around the country, frequently
work extra hours and endure low pay for love of the job.
Park jobs are not compartmentalized and suitable for
``outsourcing.'' Rangers do a range of jobs for rescue to
firefighting to interpretation. At Shenandoah, for instance,
park maintenance staff--trained as emergency medical
technicians--are frequently first to the scene of traffic
accidents on the Blue Ridge Parkway.
The public trusts rangers, flocks to interpretive programs
and expects park resources to be maintained. National parks
are not amusement parks.
Efficiency is not the end-all of park management. Sure, it
would have been more efficient to cut a wide swath of trees
to widen state Route 410 in Mount Rainier National Park. It
would also have created an eyesore in the midst of a scenic
treasure.
The protest against ``outsourcing'' has made an impact.
While slashing worthy programs such as AmeriCorps and the
Land and Water Conservation Fund, the House of
Representatives has voted to block new privatizing studies.
The administration has responded with a hard line: ``If the
final version of the (appropriations) bill were to contain
such a provision, the president's senior advisers would
recommend that he veto the bill,'' the Office of Management
and Budget said in a statement.
Curiously, however, Mainella showered Mount Rainier with
reassurances on the eve of her visit, saying that no jobs at
the park would be reviewed for private-sector replacement for
two years.
Can we trust these people? About as far as I can hand-roll
a snowplow.
Looking at similar moves with the U.S. Forest Service and
Bureau of Land Management, what's likely unfolding is a
sweeping, below-the-radar-screen attack on public lands and
public land managers.
As Babbitt put it yesterday, ``The only thing that will
stop this radical, reckless effort to take things apart is
public opinion.''
The PRESIDING OFFICER. Who yields time?
The Senator from Wyoming.
Mr. THOMAS. Mr. President, how much time do I have remaining?
The PRESIDING OFFICER. Seven and a half minutes.
Mr. THOMAS. Mr. President, I will take just a portion of that. I
think we have covered this issue fairly well. I would like to comment
on a couple things that were said on the other side of the aisle. The
Senator said we are going to contract everything out. That is part of
the problem here, making statements like that which are absolutely
untrue. It makes it kind of tough to understand what is going on. No
one is talking about contracting everything out. No one is even talking
about privatizing. We are talking about competitive competition. So I
think we ought to be just a little more careful about that.
This idea that this is being done entirely by the executive branch,
remember, we passed a law in 1998 called the FAIR Act. You know what
that was. It authorized what we are doing here now. Circular A-76 has
been on the books from Congress since 1976. Congress passed that.
Surprising as it may seem, a lot of people in Congress think the
private sector is a good thing, that it does a pretty good job. That is
kind of what this country is about, the private sector. This idea that
somehow you hire people and take away all their benefits--the Service
Acquisition Act, passed by Congress, ensures that health benefits and
pay are not reduced in Government contracts to the private sector.
Those are things that are done there.
We are not talking about contracting everything. Here are the
positions being evaluated to give you some idea. From U.S. Fish and
Wildlife Service, clerical support and appraisers; National Park
Service, maintenance vehicles, lawns, bathrooms, air-conditioners--is
that going to change the emotions in the park? I don't think so--Bureau
of Reclamation, Job Corps centers; Bureau of Land Management,
maintenance vehicles, bathrooms, air-conditioners, geographic
information services. These are the kinds of jobs that are done all the
time in the private sector, the professionals, many of them in the
private sector.
It is too bad we continue to say some of these things that just
aren't the case. I hope we continue to provide, as the Congress has
said, an opportunity to have competition for some of the activities
within Government, and those that can be done better in the private
sector can be done. Those savings then will go to offset some of the
backlog of the Park Service that has existed without any competition.
This is kind of where we are.
I certainly encourage my fellow Senators to support our second-degree
amendment when it comes to the floor.
I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BURNS. Mr. President, I urge my colleagues to vote for the
second-degree amendment.
I certainly understand some of Senator Reid's concerns about the
competitive sourcing initiative.
For one, most of the agencies funded in this bill failed to budget
adequately for the costs of the competitive sourcing studies. As a
result, funds that would have been available for other purposes--such
as maintenance projects or grazing management--were diverted.
Ultimately, I regard this as a failure of the Office of Management and
Budget as much as anything.
Yes, competitive sourcing in some cases may result in actual savings.
But those savings are likely to be over the long term, and the fact
that there may be savings doesn't relieve agencies of the need to
budget for the implementation costs up front.
It is for that very reason that we included language in this bill
that made further competitive sourcing work by the Forest Service
contingent on approval of a detailed reprogramming request. The Forest
Service is slated to spend more than any other agency in this bill on
this initiative.
But the question before us now is whether to shut down any and all
competitive sourcing studies by agencies in this bill. This strikes me
as overkill. Has the administration flawlessly implemented its
initiative? Certainly not. We have already discussed its failure to
adequately budget for the initiative.
I would also note that the administration initially proposed quotas
of positions that each agency was to competitively source. I think this
was inappropriate. Competitive sourcing makes more sense in some
agencies than it does in others. And some agencies have already used
forms of competitive sourcing to great advantage. There should be some
recognition what these agencies have done previously.
Finally, I know there is much concern among my colleagues on this
side of the aisle about the potential impact of competitive sourcing on
rural areas. I absolutely understand and share this concern. In such
areas the potential loss of a handful of well-paying Government jobs is
not a trivial thing. This is particularly true if there is no guarantee
that any jobs that are outsourced will remain in the community. I don't
think the administration has fully appreciated this fact. But the root
of the question raised by this amendment is whether competitive
sourcing is, in all cases, a bad thing. The answer is clearly no.
Competitive sourcing experts can cite numerous examples--and they
have been cited in the Chamber--of success in the Department of
Defense. But even within the Department of the Interior, careful use of
outsourcing has resulted in both dollar savings and improved
performance. The construction program of the National Park Service is
one such example. I have one of those in Great Falls, MT.
Proponents of this amendment can certainly cite examples of poor
performance or malfeasance by contractors. Without question, there are
cases of this. But we know well enough that there are at least as many
instances of

[[Page S11804]]

poor performance by Federal employees. This argument simply doesn't
fly. Finally, I note that the pending amendment is identical to
language included in the House bill. The Statement of Administration
Policy states that the President's senior advisers will recommend a
veto of the Interior bill if such language is included. While I am not
generally one to back down in the face of such a threat, I do think we
should consider whether we want to take that trip. Wouldn't it be
better to see if we can't go to conference and produce language that
further improves the quality of the competitive sourcing initiative,
rather than simply throwing what amounts to a legislative tantrum?
I vow to my colleagues that I will work hard with the administration
to see that their concerns are addressed. But do we put an absolute
stop to a management practice that has been available to agencies in
this bill for many years? Or do we instead try to improve the product,
and increase congressional oversight of competitive sourcing efforts? I
simply find it hard to accept that in all cases competitive sourcing is
a bad thing. And I am guessing Federal employees will win more of the
competitions than people think if they're well structured. I urge my
colleagues to vote against the Reid amendment, and to work with me as
we go to conference to produce a better solution.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, I have the greatest respect for my friend,
Senator Thomas, from Wyoming. He has always been so cordial and polite
to me, as I am sure he is to everyone. He is a real advocate. My point
is, he is absolutely wrong on this issue. His argument makes our point.
He says: We are not privatizing. But that is what they are doing. They
are studying all these different programs, and the purpose is to
privatize.
The FAIR legislation: Of course, I understand what that bill was, but
it also took into consideration that the money was to be appropriated
to do the studies, not to be scavenged from other operations.
I read only one editorial from the Las Vegas Sun newspaper, but there
are others. Here is one from the Los Angeles Times: ``Keep Pros Who
Love Parks.''
The first paragraph reads:

In a memo to her bosses at the Department of the Interior,
National Park Service Director Fran Mainella said the
administrative costs of a plan to contract out some Park
Service jobs to private companies could seriously cut the
already rock-bottom level of visitor services and seasonal
operations. Unfortunately, that would only be one piece of
the damage.

They go on to say that this is a wrongheaded idea and bad for our
national treasures:

The nation's most important natural and historic sites
deserve to be protected by workers with expertise, experience
and dedication to the parks. They are there now, and in the
proud green uniform of the National Park Service.

I ask unanimous consent that the editorial be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Los Angeles Times, Apr. 26, 2003]

Keep Pros Who Love Parks

Jobs targeted for possible outsourcing--as many as 4
percent of the Park Service total--include firefighters, with
40 positions at risk in California alone. Others such as fee
collectors and maintenance workers don't sound so bad as
candidates for contracting out, through visitors do turn to
the collectors for advice as they enter the park.
However, the list also covers Park Service scientists and
specialists such as archaeologists, museum curators,
historians and cartographers. Where will they find competent
private experts who will work for the salaries of the current
Park Service employees, or less?
These scientists are passionate about protecting park
resources from the effects of development, whereas the Bush
administration often has sided with economic interests.
High-level Interior Department officials--up to and
including Secretary Gale A. Norton--repeatedly have trashed
the scientific work underlying such sound decisions as the
2000 Park Service ban on snowmobiles in Yellowstone National
Park. The ban is being reversed in response to objections
from tourist businesses in the region.
Similarly, Yosemite-area businesses are campaigning for
more parking and reconstruction of campgrounds along the
Merced River in Yosemite Valley that were flooded out in
1997. They want to sell the additional campers beer,
groceries and gasoline. Naturalists correctly argue that the
campsites should not be there--that the riverbank should be
restored to its natural beauty. The region's congressman,
siding with business, is pushing for their return.
The nation's most important natural and historic sites
deserve to be protected by workers with expertise, experience
and dedication to the parks. They are there now, in the proud
green uniform of the National Park Service. There they should
stay.

Mr. REID. A small newspaper, smaller than the Las Vegas Sun, one from
Missoula--of course, Missoula, MT--also talks about how wrong it is.
They are so specific, and they know because they live in Glacier
National Park. They say outsourcing simply is not good.
There are editorials from all over the country that talk about how
bad an idea this is. Remember, anyone voting for the amendment offered
by my friend from Ohio, Senator Voinovich, is voting to outsource, to
privatize our national treasures. You can say: I really didn't mean to
do that; all I did was want studies to be completed.
That isn't what we have here. We have agreed that they can complete
the studies they have already engaged in, even though they stole the
money from other things that needed to be done within the entities. But
to vote for the Voinovich amendment is to vote for privatization. To
vote for the Reid amendment is to vote for a time-out, a pause.

Amendment No. 1740

The PRESIDING OFFICER. There are now 10 minutes equally divided on
the Bingaman amendment.
Mr. BINGAMAN. Mr. President, I yield myself the first 3 minutes of my
5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BINGAMAN. Mr. President, amendment No. 1740 is straightforward.
It would prohibit the Secretary of the Interior, working through the
Park Service, from issuing any permit allowing a special event on The
National Mall unless the permit expressly prohibited the use of
structures or signs bearing commercial advertising.
The amendment does provide that there can be sponsor recognition of
special events, but it makes clear we intend to have the Park Service
interpret that in a way that is consistent with the special nature of
The National Mall.
We would also require that the lettering or design that identifies
the sponsor not be more than a third the size of the lettering
identifying what the special event is.
I have shown this photograph before. I will show it again so people
have an idea of what prompted my amendment. This is a special event
that the Park Service approved and issued a permit for a couple of
weeks ago on The National Mall. This event was a football and music
festival entitled ``NFL Kick-off Live From The National Mall Presented
by Pepsi Vanilla''.
This photograph is from the Washington Post. This is an enlarged
photograph that was in the Washington Post. You can see that there are
a whole series of banners up and down The Mall. There is one for
Verizon, and this one is for Pepsi Vanilla, and here is a giant
football with NFL signs on it.
It seemed clear to me that this was commercial advertising any way
you look at it. The Park Service, unfortunately, takes the position
that this was entirely appropriate. No commercial advertising here.
This is sponsor recognition. We were giving some recognition to those
that were underwriting this important event for a public purpose. You
may say, what was the public purpose? Well, it was to take pride in
America--you can find that phrase way down here--and this is the idea
that there is voluntarism, and that was the reason we opened this up
with the NFL. It gave them a permit for 17 days, during which time they
could block off The Mall, prepare for the festival, have the festival,
and break down the equipment after the festival and so on.
I will show the other photograph. This is another photograph that
shows the fence that was put around The Mall, with advertisements for
AOL, Pepsi Vanilla, Coors, and Verizon. This, of course, was blocking
access to The Mall for the public. If you wanted to walk or jog on The
Mall, or do anything else, you were prohibited from doing so during
this period.

[[Page S11805]]

We need to clarify what the law is. My amendment will do that. It
says we don't want commercial advertisement on The Mall. I always
thought that was the policy, and, up until now, I think it has
generally been the policy. But it is clearly not recognized that way by
the current Secretary of the Interior and the head of the Park Service.
We need to clarify that.
I hope my colleagues will support the amendment. It puts into law a
prohibition of commercial advertising on The National Mall for the
first time.
I yield the floor and reserve the remainder of my time.
The PRESIDING OFFICER. Who yields time?
The Senator from Wyoming is recognized.
Mr. THOMAS. Mr. President, I rise to comment on the amendment that is
before us. I was concerned when I first talked to the Senator about it.
I was concerned that it would be difficult to differentiate between
commercial signs, advertising, on the one hand, and sponsors, for
instance, the Race for the Cure, on the other. However, we talked
together about that. We talked with the Park Service about that, and I
believe the wording of the amendment is such that that kind of emotion,
that kind of recognition of the sponsors for voluntary events would be
allowable.
I am chairman of the National Parks Subcommittee and we deal with The
Mall, and we have had several hearings and considerable consideration
about what we do on The Mall and how many buildings there are and how
it is used. So I think it is important to set standards for the use of
something that is very unique and in the national interest.
I think the Senator has a worthwhile amendment, and I support it.
The PRESIDING OFFICER. Who yields time? The Senator from North
Dakota.
Mr. DORGAN. Mr. President, how much time remains?
The PRESIDING OFFICER. The Senator from Montana has 3 minutes 40
seconds. The Senator from New Mexico has 41 seconds.
Mr. BURNS. Mr. President, I yield part of my time to the Senator from
North Dakota.
Mr. DORGAN. Mr. President, I support and cosponsored the amendment
offered by the Senator from New Mexico. I think it is not only written
appropriately at this point and has proper safeguards, but I think it
is also a necessary amendment for the reasons that my colleague from
New Mexico has described.
I understand my colleague from Wyoming, who is chairman of the
subcommittee on these issues, and his statement as well. If we pass
this amendment with this particular wording, I think it accomplishes
something important, and I am happy to cosponsor it and support it.
Mr. BURNS. Mr. President, I ask my colleagues to support this
amendment. A long time ago, I wanted to go much further than this. But
I think the Senator from New Mexico has hit the nail on the head. So I
support it, and I yield back the remainder of my time.
Mr. President, I ask for the yeas and nays on the amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. BINGAMAN. Mr. President, let me first thank Senator Thomas and
Senator Burns for their support and, of course, Senator Dorgan, who is
a cosponsor.
I ask unanimous consent that Senator Akaka, who is the ranking member
on the National Parks Subcommittee in our Energy and Natural Resources
Committee, be added as a cosponsor to the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BINGAMAN. Mr. President, I appreciate the broad support we are
receiving for the amendment, and I hope all Senators will vote in
favor.
I yield the floor.
The PRESIDING OFFICER. The question is upon agreeing to the
amendment.
The yeas and nays have been ordered and the clerk will call the roll.
The bill clerk called the roll.
Mr. REID. I announce that the Senator from Connecticut (Mr. Dodd),
the Senator from North Carolina (Mr. Edwards), the Senator from
Massachusetts (Mr. Kerry), and the Senator from Connecticut (Mr.
Lieberman) are necessarily absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``yea.''
The PRESIDING OFFICER (Mrs. Dole). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 92, nays 4, as follows:

[Rollcall Vote No. 358 Leg.]

YEAS--92

Akaka
Alexander
Baucus
Bayh
Bennett
Biden
Bingaman
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden

NAYS--4

Allard
Allen
Bond
Campbell

NOT VOTING--4

Dodd
Edwards
Kerry
Lieberman
The amendment (No. 1740) was agreed to.

Amendment No. 1753

The PRESIDING OFFICER. There are now 2 minutes evenly divided prior
to a vote on a motion to table the Boxer amendment No. 1753.
Mrs. BOXER. Madam President, colleagues, I hope Members will vote
against the motion to table my amendment. I am simply trying to strike
section 333, which is an anti-environmental rider that singles out 39
timber sales in the Tongass Forest and only allows a 30-day appeals
process for citizens, small businesses, and community groups to act. It
also says a judge must act in 180 days, pushing this ahead of other
pending cases.
Now, why is it important to all of us? If you can change the rules in
the largest temperate rain forest in the world, think about what would
happen to you in your States. We have not had any hearings on this
issue. I don't think this is the right way to legislate.
If it is a question of jobs, there are 300 million board feet of
timber in the Tongass that could be cut today. There are no lawsuits
pending on those.
This is a process question. I hope colleagues would not take away the
rights of their constituents.
Ms. MURKOWSKI. Mr. President, the Senator from California, Ms. Boxer,
has offered an amendment seeking to strike expedited judicial review of
timber sales from U.S. Forest Service Regional X, covering the Tongass
National Forest in Alaska.
While some use flowery terms to characterized the Tongass National
Forest as the ``last intact temperate rain forest'' or the ``crown
jewel of our national forest system,'' they merely gloss over the
realities of our forest. The Sierra Club, the National Wildlife
Federation, and others use overstated hyperbole meant to shift the
focus of the debate from what we truly ought to be looking; that is,
creating more jobs in America.
For months now Senators from the other party have come to floor to
decry job losses in the United States--lost jobs that they somehow
blame on President Bush.
Yet they need only look at the pursuit of their own policies that
have led to our increased reliance on foreign natural resources and
lost economic opportunity.
Alaska has the highest unemployment rate in the country, and every
time I go back home to see my constituents--which is quite frequently--
they ask me how we can create more jobs.
In Alaska we used to have thousands of timber and timber-related
jobs. Now

[[Page S11806]]

we have less than one thousand. That is criminal in a State that boasts
the largest single national forest in the country.
The Tongass Forest is large enough to set aside land for future
generations while also providing valuable timber for American
manufacturing and U.S. jobs. Allow me to put it in perspective. In 2002
there were 110,000 people employed by the timber industry in
California. In Alaska just 650 people were employed in the timber
industry in 2002--again, in a State with the largest national forest.
These are statistics from the American Forest and Paper Association.
In 2002, California produced 2.63 billion board feet of timber.
During the same time in Alaska just 30 million board feet were
produced. That figure makes California the fourth largest wood producer
in the U.S. That means during FY 2002 Region X (the largest region in
the Forest Service system) produced the least amount of timber--
(Source: U.S. Forest Service).
While the Senator is offering an amendment that she thinks is the
right thing to do to protect the environment, she must realize that
this issue has been debated for literally decades, going back to when
Alaska was a territory. Just as timber harvests take place in other
national forests the Government saw fit to allow some limited, but
sustainable, timber harvests to take place in the Tongass.
Unfortunately some misguided and illegal policy changes under the
Clinton administration set back timber jobs in Alaska during the 1990s.
Fortunately the courts and the current administration have seen fit to
reverse those rulings to follow the law. Unfortunately there are those
who want to continue filing lawsuit after lawsuit, clogging up an
already overpacked docket to keep Alaskans out of work.
I would say to those who continue to criticize job losses in the
United States that one way to overcome them is to allow people to get
back to work.
The problem is we can't get people back to work with the continued
threat of frivolous litigation. The Senator's amendment seeks to allow
people to further burden our courts under false pretenses of saving
Alaska from Alaskans. It is an insult to me and my constituents to hear
people attack our State.
We have a right to good jobs--just like those in California. We have
a right to send our kids to good schools, just like in California. We
have a right to have parks and hospitals and all the other
infrastructure that is in the towns and cities in California, but our
towns in Alaska needs jobs and industry to make them a reality.
As a State in this Union we entered to become an equal among equals.
But that does not mean that we don't know what is in our best interest
as a State and as individuals. The amendment my colleague offers seeks
to provide more opportunities for litigation after we have already
undergone lawsuit after lawsuit and lengthy administrative processes.
The language in the current bill does not cut off access to the
courts. It merely requires that any application for judicial review be
filed within 30 days after exhaustion of the Forest Service appeals
process. Currently I am told the time limit is 6 years. The language
applies for Record of Decisions for any timber sales in Region X of the
Forest Service that had a Notice of Intent prepared on or before
January 1, 2003.
The language does not restrict the right of the public to litigate
timber sales; it simply speeds up the process by encouraging the court
to render a decision within 180 days of the application.
Since 1990, at least nine timber sales on the Tongass have been
litigated. Individual sales have been held up sometimes for years
during the litigation process. What the families and the people who
depend on the timber industry seek is simply some finality and a
reasonable time for decisions.
According the Alaska Forest Association, my State has lost over 1,400
jobs in the recent years and the timber industry has ground down to a
virtual standstill. Only 650 people remain employed in an industry that
was once year round and spread throughout the region. Whole communities
have vanished.
These people are not threatening the last remaining temperate rain
forest in the United States, but their ability to provide for their
families and for their families to have a future is threatened by
lawyers and protracted litigation. The protracted litigation and the
time to resolve that litigation could cost them their livelihoods and
their family owned businesses. The ripple effect extends way beyond the
individuals and the employees--it rips into the fabric of the
communities in southeast Alaska. These are the things that the language
of the appropriations bill seeks to address.
I support that language in the bill because I have seen firsthand
what the endless litigation has done to my communities. I oppose the
Boxer amendment because it seeks to empower more frivolous law suits
and more delays. I urge my colleagues to oppose this amendment and to
support more jobs in Alaska and America.
Mr. STEVENS. Madam President, this amendment has nothing to do with
environmental concerns. This is a judicial process amendment. These
contracts for timber go through a review process involving an EIS, then
public hearings, then an opportunity to appeal to the Forest Service,
and then an opportunity to file, administratively, appeals within the
Forest Service.
After a final record of decision, they have 6 years to take it to the
district court. All we are asking is that be shortened to the normal
process of 30 days and the process for appeal from the administrative
court be 30 days and the court take no longer than 180 days to review
that appeal. It does not limit the time for the appeal to the circuit
court but is strictly a judicial process shortening the time.
It now takes 3 to 4 years for every contract before we can possibly
try to use those contracts to harvest the trees, within 676,000 acres
out of 17 million acres. We need this amendment.
The PRESIDING OFFICER. The question is on agreeing to the motion.
Mrs. BOXER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
Mr. DORGAN. I ask unanimous consent the vote be a 10-minute vote and
all succeeding votes be 10-minute votes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from Connecticut (Mr. Dodd),
the Senator from North Carolina (Mr. Edwards), the Senator from
Massachusetts (Mr. Kerry), and the Senator from Connecticut (Mr.
Lieberman) are necessarily absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``nay.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 52, nays 44, as follows:

[Rollcall Vote No. 359 Leg.]

YEAS--52

Alexander
Allard
Allen
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Dorgan
Ensign
Enzi
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Kyl
Landrieu
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Stevens
Sununu
Talent
Thomas
Voinovich
Warner

NAYS--44

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Chafee
Clinton
Collins
Conrad
Corzine
Daschle
Dayton
Durbin
Feingold
Feinstein
Fitzgerald
Graham (FL)
Harkin
Hollings
Jeffords
Johnson
Kennedy
Kohl
Lautenberg
Leahy
Levin
Lincoln
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Snowe
Specter
Stabenow
Wyden

NOT VOTING--4

Dodd
Edwards
Kerry
Lieberman
The motion was agreed to.
Mr. DOMENICI. I move to reconsider the vote.

[[Page S11807]]

Mr. BURNS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 1754, As Modified

The PRESIDING OFFICER. There are now 2 minutes evenly divided prior
to a vote on the Voinovich amendment No. 1754.
The Senator from Montana.
Mr. BURNS. Madam President, I yield to the Senator from Wyoming.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. THOMAS. Madam President, this second-degree amendment on which we
will be voting, the reporting requirement, addresses a number of
concerns various Senators have had with competitive sourcing.
The second-degree amendment does the following: It requires the
Secretary of the Interior to annually report on its competitive
sourcing efforts--including a list of the total number of competitions
completed, a list of the total number of competitions announced and the
activities covered, and a list of the total number of full-time
equivalent Federal employees studied under completed competitions.
The second-degree amendment is a responsible measure that will bring
additional accountability and transparency to public-private
competitions.
Two weeks ago, the House overwhelmingly adopted a similar reporting
requirement during consideration of the Treasury/Transportation
appropriations bill.
The Thomas-Voinovich amendment will give Congress additional
oversight of competitive sourcing, unlike the Reid amendment that stops
it altogether. Competitive sourcing allows tax dollars to be used more
efficiently, more effectively. It will improve agency efficiency. I
urge my colleagues to support the second-degree amendment.
The PRESIDING OFFICER. The assistant Democratic leader.
Mr. REID. Madam President, anyone who supports this amendment is
supporting contracting out. All you have to do is read their amendment
and that is what it says. They say the President will issue reports. He
has not done that. That is the only thing it does. It allows
contracting out to go forward without authorization of Congress and
without any appropriation for the studies to be taken. Remember what
they are doing now is scavenging the money from other work that needs
to be done within the various public land entities. It is unfair. It is
wrong. Anyone who supports the Voinovich amendment supports contracting
out, without question. I urge a ``nay'' vote.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
1754.
Mr. BURNS. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Connecticut (Mr. Dodd),
the Senator from North Carolina (Mr. Edwards), the Senator from
Massachusetts (Mr. Kerry), and the Senator from Connecticut (Mr.
Lieberman), are necessarily absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``no.''
The PRESIDING OFFICER (Mr. Sununu). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 53, nays 43, as follows:

[Rollcall Vote No. 360 Leg.]

YEAS--53

Alexander
Allard
Allen
Baucus
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner

NAYS--43

Akaka
Bayh
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Chafee
Clinton
Conrad
Corzine
Daschle
Dayton
Dorgan
Durbin
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Snowe
Stabenow
Wyden

NOT VOTING--4

Dodd
Edwards
Kerry
Lieberman
The amendment (No. 1754), as modified, was agreed to, as follows:

At the appropriate place insert the following:
Sec. ____. Not later than December 31 of each year, the
Secretary of the Interior shall submit to Congress a report
on the competitive sourcing activities on the list required
under the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note) that were performed
for the Department of the Interior during the previous fiscal
year by Federal Government sources. The report shall
include--
(1) the total number of competitions completed;
(2) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(3) the total number of full-time equivalent Federal
employees studied --under completed competitions;
(4) the total number of full-time equivalent Federal
employees being --studied under competitions announced, but
not completed;
(5) the incremental cost directly attributable to
conducting the competitions identified under paragraphs (1)
and (2), including costs attributable to paying outside
consultants and contractors;
(6) an estimate of the total anticipated savings, or a
quantifiable --description of improvements in service or
performance, derived from completed competitions;
(7) actual savings, or a quantifiable description of
improvements in --service or performance, derived from the
implementation of competitions completed after May 29, 2003;
(8) the total projected number of full time equivalent
Federal employees covered by competitions scheduled to be
announced in the fiscal year covered by the next report
required under this section; and
(9) a general description of how the competitive sourcing
decisionmaking processes of the Department of the Interior
are aligned with the strategic workforce plan of that
department.

Amendment No. 1731

The PRESIDING OFFICER. There will now be 2 minutes of debate evenly
divided on the Reid amendment.
Mr. REID. Mr. President, everyone should understand that what has
just taken place is to allow privatization to continue in our public
land agencies. Clearly, that is what happened. I hope the Members of
this body will approve the Reid amendment and allow this matter to go
to conference. It appears this last vote was a cover-your-rear-end
vote. So we probably will lose on this amendment. I think it is a
shame.
I read into the Record how people who work at the agencies feel,
editorial comments from all over the country, and comments from private
people who know how important the parks are. Veterans preference would
not be there; disabilities act would not apply. There are so many
things that are unfair to the dedicated people working for our public
land agencies.
I hope there will be a ``yea'' vote for this amendment.
The PRESIDING OFFICER. Who seeks time? The Senator from Ohio.
Mr. VOINOVICH. Mr. President, the amendment that was just adopted
makes sense out of competitive sourcing, makes the agencies accountable
for competitive sourcing, and makes it part of the shaping of their
workforce. It is long overdue.
The Reid amendment completely eliminates competitive sourcing period.
It leaves it out. If you look at other Federal agencies that have
competitively sourced, for example at the Department of Defense, in
about 98 percent of streamlined competitions--and these all have to be
commercial functions--98 percent of the time, the Federal workers win
the competition. They win because they come together, use quality
management, and figure out a way to do the job better than they were
doing it before.
Anyone who supported our amendment should vote no on this amendment
which just eliminates competitive sourcing altogether and is not good
public policy.
The PRESIDING OFFICER. All time has expired. The question is on
agreeing to amendment No. 1731.
Mr. REID. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.

[[Page S11808]]

The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from Connecticut (Mr. Dodd),
the Senator from North Carolina (Mr. Edwards), the Senator from Florida
(Mr. Graham), the Senator from Massachusetts (Mr. Kerry), and the
Senator from Connecticut (Mr. Lieberman) are necessarily absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``yea.''
The PRESIDING OFFICER (Mr. Alexander). Are there any other Senators
in the Chamber desiring to vote?
The result was announced--yeas 44, nays 51, as follows:

[Rollcall Vote No. 361 Leg.]

YEAS--44

Akaka
Bayh
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Chafee
Clinton
Conrad
Corzine
Daschle
Dayton
Dorgan
Durbin
Feingold
Feinstein
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Mikulski
Murkowski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Snowe
Specter
Stabenow
Wyden

NAYS--51

Alexander
Allard
Allen
Baucus
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Stevens
Sununu
Talent
Thomas
Voinovich
Warner

NOT VOTING--5

Dodd
Edwards
Graham (FL)
Kerry
Lieberman
The amendment (No. 1731) was rejected.
Mr. BURNS. Mr. President, I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BURNS. Mr. President, we are working on the managers' package. It
will be done momentarily. Then there is a package that has been agreed
to on both sides. Both of those packages have been agreed to so far.
There is one more vote tonight, and that is the Daschle amendment
regarding Indian Health Service. Then we are also, probably--if no one
shows up, why, we would go to final passage on a voice vote, and we
could be out of here pretty early, in time to make it home for supper.
As soon as the minority leader comes to the floor, why, we would have
the closing arguments on his amendment and our colloquy.
I yield the floor to my good friend from Michigan.
The PRESIDING OFFICER. The Senator from Michigan.

Amendment No. 1750

Mr. LEVIN. Mr. President, I call up amendment No. 1750 and ask for
its immediate consideration.
The PRESIDING OFFICER. Without objection, the pending amendment is
set aside. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Michigan [Mr. Levin], for himself and Ms.
Collins, proposes an amendment numbered 1750.

Mr. LEVIN. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 85, line 21, insert after ``until expended'' the
following:

: Provided, That the Department of Energy shall develop, with
an opportunity for public comment, procedures to obtain oil
for the Strategic Petroleum Reserve in a manner that
maximizes the overall domestic supply of crude oil (including
amounts stored in private sector inventories) and minimizes
the costs to the Department of Interior and the Department of
Energy of acquiring such oil (including foregone revenues to
the Treasury when oil for the Reserve is obtained through the
Royalty-in-Kind program), consistent with national security.
Such procedures shall include procedures and criteria for the
review of requests for the deferrals of scheduled deliveries.
No later than 120 days following the enactment of this Act of
Department shall propose and no later than 180 days following
the enactment of this Act the Department shall publish and
follow such procedures when acquiring oil for the Reserve.

Mr. LEVIN. This amendment establishes a cost-effective program to
fill the Strategic Petroleum Reserve. I understand it has been cleared
by both of the managers.
Since late 2001 the Department of Energy--DOE--has been steadily
adding oil to the U.S. Strategic Petroleum Reserve, SPR, in order to
fill the reserve to its maximum capacity of 700 million barrels. In
late 2001, the reserve held about 560 million barrels of oil; today
holds nearly 620 million barrels. DOE anticipates that at the current
fill rate it will reach its goal of 700 million barrels sometime in
2005.
Since early 2002, DOE has been acquiring oil for the SPR without
regard to the price of oil. Prior to that time, DOE sought to acquire
more oil when the price of oil was low, and less oil when the price of
oil was high. In early 2002, however, DOE abandoned this cost-based
approach and instead adopted the current approach, which does not
consider cost when buying oil for the SPR. Since over this period the
price of oil has been very high--often over $30 per barrel--and the oil
markets have been tight, this cost-blind approach has increased the
costs of the program to the taxpayer and, of great significance, put
further pressure on tight oil markets, thereby helping boost oil and
gasoline prices to American consumers and businesses.
The bipartisan amendment Senator Collins and I are offering today is
simple. It would encourage DOE to consider the price and supply of oil
when buying oil for the SPR. It would direct DOE to minimize the
program's cost to the taxpayer while maximizing our energy security.
The Permanent Subcommittee on Investigations spend a year and a half
looking at oil markets and the SPR. In March of this year my staff on
the subcommittee published the repot of the investigation. In summary
our investigation found:

In 2002, DOE began to fill the SPR without regard to the
price of oil.
Filling the SPR in tight market increased U.S. oil prices
and hurt U.S. consumers.
Filling the SPR regardless of oil prices increased taxpayer
costs.
Despite its high cost, filling the SPR [in 2002] did not
increase overall U.S. oil supplies.

The March report also warned that the deliveries that were then
scheduled for later in 2003 would drive oil prices higher because
prices were high and inventories were low. Unfortunately, this
prediction turned out to be accurate.
Our Report recommended:

DOE should defer all SPR deliveries . . . until near-term
crude oil prices fall and U.S. commercial inventories
increase.
DOE should conduct a cost-benefit analysis of the previous
SPR fill policy compared to the current policy.
DOE should restore its SPR business procedures allowing
deferrals of oil deliveries to the SPR when crude oil prices
are high or commercial crude oil supplies are tight.

Both Houses of Congress support the goal of filling the SPR to its
capacity. I support this goal, too. This amendment seeks to further
this goal and our national energy security at least cost to the
taxpayers. For many years the SPR program followed the types of
procedures that DOE has recently abandoned. The SPR program office
itself has recommended the DOE return to using these market-based
procedures. Under the amendment DOE would continue to have the
discretion to determine when to buy oil for the SPR, and under which
procedures, but DOE would be encouraged to use that discretion in a way
to minimize costs while maximizing national energy security.
Any successful businessperson knows the saying, ``Buy low, sell
high.'' This is as true for oil as it is for pork bellies and stocks.
It is as true for the Strategic Petroleum Reserve as it is for any
business involving a commodity. Indeed, in a recent presentation to
other countries on how to create and manage a strategic reserve, DOE
itself states: ``The Key To A Successful Strategic Reserve Is Cost
Control.'' DOE identifies the major cost elements of a strategic
reserve as capital costs, maintenance costs, and oil acquisition costs.
Once constructed, the capital costs and the maintenance costs are
largely fixed. The main variable cost, therefore, is the cost of
acquiring oil

[[Page S11809]]

for the SPR. DOE itself identifies for other countries the ``Lessons
Learned to Control Oil Acquisition Costs'' as follows:

Let the markets determine your buying pattern.
Buy in weak markets.
Delay deliveries during strong markets.
Use your acquisition strategy to stabilize markets.

Prior to early 2002 DOE followed this sensible strategy when
acquiring oil for the SPR. Mr. President, I ask unanimous consent that
excerpts from this DOE presentation to other countries be entered into
the record.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. LEVIN. Part of this strategy--allowing deliveries to be deferred
when prices were high and supplies tight--was spelled out in the
``Business Procedures'' for the SPR program issued by DOE in January
2002. The Business Procedures spell out how scheduled deliveries of oil
to the SPR can be deferred. Generally, companies will ask for a
deferral when the market is tight so they can meet their supply
commitments to refiners who have an immediate need for the oil. DOE's
procedures provided that a company could be granted a deferral in
return for additional barrels of oil to be delivered at the later date.
DOE calculated the amount of additional oil that would be delivered by
comparing the market prices at the time of delivery was originally
scheduled and at the time of the deferred delivery.
DOE's own documents state that deferrals of oil scheduled to be
delivered in 2001 provided an additional 3\1/2\ million barrels of oil
for the SPR at no additional cost to the Government. Deferrals of
deliveries scheduled for 1999 and 2000 had added another 3\1/2\ million
barrels. At an average cost of $25 per barrel, these deferrals added a
total of 7 million barrels of oil to the Reserve, worth about $175
million, for no cost to the taxpayer. The SPR program projected:

The potential for savings to the Treasury if we continue to
follow this business model until the Reserve is full is
additional hundreds of millions of dollars.

But in April 2002, DOE stopped allowing deferrals of scheduled
deliveries. Instead, DOE began to buy oil for the SPR without regard to
the cost of oil or the supply of oil, and refused requests for
deferrals. DOE has not explained the reason for abandoning its previous
policy.
In addition to losing the benefits from deferrals, both in terms of
oil gained and dollars saved, the abandonment of the previous policy is
costing taxpayers because DOE has been paying top dollar for the oil
placed into the SPR. Oil acquired for the SPR at $35 per barrel costs
the taxpayers $10 more per barrel than oil acquired at $25 per barrel.
Even more modest savings per barrel add up to large savings over the
course of the program. In 2002, DOE's SPR program calculated:

If the SPR can average down the price of oil it injects in
the Reserve by $1 per barrel between now and 2005, the U.S.
Treasury will be better off by $125 million, a direct
benefit.

But in these times of high gas prices, the DOE shift has another
highly negative effect.
Filling up the SPR affects the price of oil and gasoline. In a tight
market, filling the SPR reduces the amount of oil in private sector
inventories, which, because it reduces available supply, will then lead
to increases in the price of oil and petroleum products, such as
gasoline, diesel fuel, jet fuel, and home heating oil. When prices are
high and the market is tight, refiners will use up the oil in their
inventories rather than purchase new oil in an expensive market, and
wait for prices to fall before buying more oil. In a tight market,
therefore, the additional demand for oil created by the SPR program
will lead companies to take even more oil out of their own inventories
to fill Government needs. In a tight market, the net result of the SPR
program will not be any overall increase in domestic oil supplies,
since the amounts of oil added to the SPR will come at the expense of
oil in private sector inventories. These private commercial inventories
are thereby reduced as a result of filling the SPR.

Oil prices are directly related to the supply of oil. When supplies
are plentiful, prices fall. When supplies are scarce, prices rise. The
supply of oil is determined by the amount of oil produced in oil wells
around the world and the amount of oil in storage. As either the amount
of oil produced or the amount of oil in storage decreases, prices will
increase. In a tight market, therefore, when supplies are scarce,
filling the SPR will lead both to a decrease in private sector
inventories and a corresponding increase in the price of oil.
The Department of Energy's own documents explain this effect as
follows:

If we look at the SPR from the perspective of daily supply
and demand, the SPR fill rates are inconsequential. The fill
rate is 100-170,000 barrels per day compared to world
production and consumption of 75 million barrels per day.
However, when OPEC countries are determined to maintain
discipline in their export quotas, the cumulative impact of
filling the SPR becomes more significant when compared to
U.S. and Atlantic basin inventories. Essentially, if the SPR
inventory grows, the OPEC does not accommodate that growth by
exporting more oil, the increase comes at the expense of
commercial inventories. Most analysts agree that oil prices
are directly correlated with inventories, and a drop of 20
million barrels over a 6-month period can substantially
increase prices.

Oil companies doing business with the SPR program supported DOE's
business procedures in place prior to the spring of last year. These
procedures afforded the contractors the flexibility to re-schedule
deliveries to the SPR in accordance with market conditions. In exchange
for providing the oil companies with this flexibility, the U.S.
government was able to obtain additional barrels of oil for the SPR at
no additional cost to the taxpayer. This enabled the Reserve to be
filled faster and at less cost than if contractors were not allowed to
reschedule their deliveries. These procedures were a win-win for
taxpayers and the SPR.
And, of course, any increase in the price of oil will soon lead to an
increase in the price of the various petroleum products, including
gasoline, diesel fuel, home heating oil, and jet fuel. Hence, the SPR
program affects price of basic oil products for a wide variety of
American consumers and businesses.
The amendment I am offering today would encourage DOE to reinstate
these ``win-win'' procedures for filling the SPR.
Mr. President, I ask unanimous consent to have printed in the Record
a recent editorial critical of DOE's cost-blind approach to filling the
SPR.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See Exhibit 2.)
Mr. LEVIN. The editorial, in the Omaha World Herald, dated August 14,
reads:
In general, we are strong supporters of keeping the
nation's Strategic Petroleum Reserve at or near capacity in
case of a national emergency. However, there is such a thing
as bad timing. We believe the administration has been making
a mistake by refilling the reserve to the tune of about 11
million barrels since the start of May. Commercial U.S. oil
stocks have been low for months. Filling the reserve just now
puts upward pressure on prices. . . . Washington should back
off until oil prices fall somewhat. Doing otherwise is
costing the Treasury unnecessarily and is punishing motorists
during summer vacation driving time.

Under our amendment DOE would retain the complete discretion to
determine the pace and schedule for filling the SPR. However, DOE would
be required to issue procedures to guide this discretion, and would be
required to consider how to maximize our national energy security and
minimize costs to the taxpayers while filling the SPR. If implemented
properly, such procedures can promote our national energy security,
save taxpayers money, and lower oil and gasoline prices for consumers.

Exhibit 1

Proceedings of APEC Energy Security Initiative Workshop on Elements of
Energy Security Policy in the Context of Petroleum, Amari Watergate
Hotel, Bangkok, Thailand, September 14-15, 2001

asia-pacific economic cooperation, energy working group, clean fossil
energy experts' group

Jointly Organized by: Department of Industry, Science and
Resource (ISR), Australia; The Institute of Energy Economics,
Japan (IEEJ), Japan; Ministry of Commerce, Industry & Energy
(MOCIE), Republic of Korea; Ministry of Energy, Mexico;
National Energy Policy Office (NEPO), Thailand; and
Department of Energy (DOE), United States.
Supported by: Asia Pacific Economic Cooperation (APEC) and
Ministry of Economy, Trade and Industry (METI), Japan

strategic petroleum reserve

APEC Workshop on Energy Security Policy: John Shages.

[[Page S11810]]

united states policy on responding to oil supply disruptions

The policy of the United States regarding oil supply
disruptions is to rely on market forces to allocate supply,
and to ordinarily supplement supply by the early drawdown of
the Strategic Petroleum Reserve in large volumes and in
coordination with our allies and trading partners.

critical elements to justify a drawdown

A Disruption Event.
Evidence of Supply Stress.
A Price Spike.

the key to a successful strategic reserve is cost control

The benefits come with a drawdown--but the number and
extent of futures disruptions is unknown.
Measuring the degree of damage from a disruption, and the
consequent benefits of a petroleum reserve, to an individual
economy is an uncertain science.
Cost is the easiest aspect to control and has the highest
probability of making the Reserve cost beneficial.

major cost elements

Capital Costs--Including land, facilities, and logistics
systems.
Maintenance Costs.
Oil Acquisition Costs.

capital costs

Dependent on location.
Technology and type of storage facilities.
Refer to the 1999 APERC Study supported by conceptual
designs and cost estimates from PBKBB, Inc.

lessons learned to control oil acquisition costs

Let the markets determine your buying pattern.
Buy in weak markets.
Delay deliveries during strong markets.
Use your acquisition strategy to stabilize markets.

Exhibit 2

[From the Omaha World Herald, Aug. 14, 2003]

Oil's Not Well--Filling the Strategic Reserve Is a Good Idea--But Not
Right Now.

In general, we are strong supporters of keeping the
nation's Strategic Petroleum Reserve at or near capacity in
case of a national emergency. However, there is such a thing
as bad timing. We believe the administration has been making
a mistake by refilling the reserve to the tune of about 11
million barrels since the start of May.
Commercial U.S. oil stocks have been low for months.
Filling the reserve just now puts upwards pressure on prices.
Every motorists sees this at the gasoline pump, where
regular-grade gas is hovering around $1.60.
Oil has again begun to flow from Iraq's vast fields, which
will help somewhat--weeks from now. Meanwhile, the strategic
reserve is at 84 percent of capacity. This seems to us a
comfortable level.
Washington should back off until oil prices fall somewhat.
Doing otherwise is costing the Treasury unnecessarily and is
punishing motorists during summer vacation driving time.

Ms. COLLINS. Mr. President, I rise today to join the ranking member
of the Senate Permanent Subcommittee on Investigations, Senator Levin,
in offering an amendment that would require the U.S. Department of
Energy to develop and maintain cost-effective procedures to fill the
nation's Strategic Petroleum Reserve. The amendment simply requires the
Department of Energy to publish procedures for obtaining oil for the
Strategic Petroleum Reserve in a manner that maximizes supplies,
minimizes costs, and is consistent with national security. The
amendment would give the Department of Energy 180 days to publish these
procedures and would allow an opportunity for public comment prior to
final publication.
Two years ago, Senator Carl Levin, who at the time was chairman of
the Senate Permanent Subcommittee on Investigations, initiated an
investigation into gas prices in the United States. Part-way through
this effort he expanded the investigation to include analysis of
Department of Energy policies with respect to the Strategic Petroleum
Reserve. Last year, I joined Senator Levin in requesting information
from the Department of Energy on the impacts of filling the Strategic
Petroleum Reserve on crude oil prices.
In March of this year, the Permanent Subcommittee on Investigations
released a report which described the findings of the investigation.
Among other things, the Committee found that inconsistent Department of
Energy policies had led to filling the reserve during tight market
conditions. The Committee found that this action had increased oil
prices, hurt U.S. consumers, and increased the cost to taxpayers.
The Department of Energy should adopt procedures to ensure that oil
purchases for the SPR minimize the economic impact on consumers. The
Department of Energy needs to take full advantage of techniques such as
deferred payments, use of the futures market, and careful cost-benefit
analysis in order to lessen the impact of oil purchases on consumers.
Although the Department has used all of these policies on occasion, it
should do so consistently.
The United States has the ability to partially mitigate dramatic
spikes in gas prices, if we properly use and maintain our domestic
reserve. In fact, it is our duty to do so, to ease the economic impact
that drastically rising gas prices have on Americans who need to fill
their tanks in order to do their jobs, buy their groceries, and drive
their kids to school.
Our amendment would ensure that price and market impact are top
considerations in managing this vital domestic emergency oil supply. It
would give the Department of Energy an opportunity to focus increased
attention on its policies and procedures for filling the Strategic
Petroleum Reserve, with particular regard to the effect of its policies
on gas prices and oil markets. I ask my colleagues to join Senator
Levin and me in supporting this amendment.
The PRESIDING OFFICER. Is there further debate on the amendment? If
not, the question is on agreeing to the amendment.
The amendment (No. 1750) was agreed to.
Mr. LEVIN. Mr. President, I move to reconsider the vote.
Mr. BURNS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BURNS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCAIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCAIN. Mr. President, I come to the floor to talk, as I do quite
frequently, about the number of unrequested, unauthorized, and
locality-specific earmarks contained in this bill. Fortunately, this
year's Interior appropriations bill does not contain as many pork
projects as the bill the Senate passed last year. This year's bill has
over $403 million in porkbarrel projects. Last year's had $429 million,
so I guess there is a $26 million improvement. I guess I should be
grateful for this apparent savings, but I do not see this as evidence
of tremendous fiscal restraint.
Citizens Against Government Waste, a nationally recognized, well-
respected, nonpartisan government watchdog organization found that in
fiscal year 2003, the Appropriations Committee stuck 9,362 projects
into the 13 annual appropriations bills, an increase of over 12 percent
from the previous year's total of 8,341. A further note: in the last 2
years the total number of projects has increased by some 48 percent.
I have compiled a 21-page list of 332 objectionable provisions
contained within this bill, totaling $423 million. I will post the full
list on my official Senate Web site.
Let me just highlight some of the more egregious projects in this
bill: An earmark for $4 million for the construction, renovation, and
furnishing and demolition or removal of buildings at National Energy
Technology Laboratory facilities in Morgantown, WV, and Pittsburg, PA;
$15 million for alcohol control enforcement, prevention, treatment,
sobriety and wellness, and education in Alaska, distributed in lump sum
payments to various entities; one of our old favorites, $1 million
above the request to continue work at the National Center for
Ecologically-Based Noxious Weed Management at Montana State
University--they got an extra $1 million; $500,000 for continued
funding of the Idaho Sage Grouse Management Plan through the Idaho
Office of Species Conservation; $2 million above the budget request of
the President for Atlantic salmon recovery activities; $900,000 above
the budget request for Eider Duck recovery work by the Alaska SeaLife
Center; $1.2 million above the budget request for the Wolf Recovery
Program in the State of

[[Page S11811]]

Idaho; $1.4 million for the Washington State Regional Salmon
Enhancement; $200,000 for bald eagle restoration work performed in
cooperation with the Vermont National Heritage Partners Program;
$500,000 for the Native Roadside Vegetation Center at the University of
Northern Idaho; $700,000 for invasive species control in Hawaii;
$500,000 for the Delaware Bay Oyster Revitalization Project in the
States of Delaware and New Jersey; $500,000 for salmon restoration work
in Puget Sound in cooperation with the Seattle Art Museum--the Seattle
Art Museum is going to work in cooperation with Puget Sound for salmon
restoration--$750,000 for ferret reintroduction in the Rosebud Sioux
tribal lands; $1.5 million for the Bitter Lake, NM, Visitors Center--
that is sweet--$1 million for Kenai, AK, for cabins, trails, and
campgrounds; $3 million for the Kodiak, AK, Visitors Center--I can tell
you that Alaska is doing very well by doing good--$2.1 million for the
Ohio River Islands, WV, Visitors Center and miscellaneous improvements;
$525,000 for the Okefenokee Concession Facility in Georgia; $300,000
for the Garrison Dam, ND, fishpond improvements; $850,000 for the
Savannah, GA, Visitors Center--we are big on visitors centers in this
particular bill--$2 million for the World Birding Center in Texas; $3
million for the Abraham Lincoln Library in Illinois; $500,000 to design
a visitors center on Assateague Island in Maryland; $1.1 million to
rehabilitate off-road vehicle trails in Big Cypress National Park in
Florida; $1.7 million to rehabilitate General Grant's tomb in New
York--I wonder if we should ascertain whether General Grant is actually
there before we rehabilitate his tomb--$3 million for a visitors center
in the Grand Teton National Park; $7.4 million for rehabilitation of
the Horace Albright Training Center in Arizona. I am told that the
Horace Albright Training Center in Arizona is a place near the bottom
of the Grand Canyon where park personnel are trained.

The committee report directs 26 separate unrequested land
acquisitions under the Fish and Wildlife Service totaling nearly $35
million.
It is the process that I have a problem with. The committee
effectively usurps the power of the authorizing committee and acts as
one all-powerful funding machine. Projects are often funded with little
or no background study and are approved simply after being requested by
a fellow Member.
As all my colleagues know, the Congressional Budget Office recently
projected a potentially debilitating $480 billion deficit for 2004 and
the President has asked for additional appropriations of $87 billion
for the military operations in Iraq and Afghanistan, and everybody is
asking: Where is the money coming from? After years of unchecked and
questionable spending, we are in the unfortunate position of facing
critical budget constraints that will hamper our ability to fully fund
necessary programs. Instead, we are cutting deep into the taxpayers'
pockets once again by expecting them to shell out more than $403
million in porkbarrel spending included in this bill.
I think at some point the President of the United States is going to
have to veto one of these bills and demand that this unnecessary,
unwarranted, unauthorized, and unrequested spending be removed because
we really are talking about real money.
I understand we are going to have a voice vote on final passage of
this bill. I would be recorded as voting no if there were a recorded
vote.
I yield the floor.

Amendment No. 1739

Mr. DASCHLE. Mr. President, I call for the regular order, and I
believe my amendment is pending.
The PRESIDING OFFICER. That is correct.
Mr. DASCHLE. Mr. President, I had the opportunity to speak to this
amendment a couple of times, so I will not belabor it. I know we are
getting close to the end of the debate.
I compliment the distinguished manager of the bill and ranking member
for a job well done on the bill.
This amendment recognizes two things. It recognizes, first, when it
comes to trust responsibility and the very vexing problems we have had
in carrying out trust responsibility with all Indian tribes, that we
are a long way from any implementation of that responsibility today.
What efforts have been made in trying to establish some mechanism for
carrying out those responsibilities in a fair and meaningful way are
yet to be found. In fact, if anything, we are mired more than we have
been in a long time.
There is a need to create a better partnership with all tribal
governments, and, as a result of that need for greater partnership, a
recognition that until we have meaningful trust responsibility in
policy and in law, to put an infrastructure in place which is
supposedly designed to implement a policy that doesn't exist is
premature. In fact, it sends all the wrong messages about what the
intention of the BIA, the Congress, or this administration is with
regard to that responsibility in the first place.
The National Congress of American Indians has written to Congress
asking Congress not to fund the implementation of the policy today
because it is premature. Virtually every national Indian organization
has pleaded with the Congress to recognize the importance of tribal
sovereignty and tribal partnership with their government and has asked
us not to implement the policy.
That is the first point I would make with this amendment. The second
point is equally as important.
We have, as I said this morning, an extraordinary deficiency in
health care. We are underfunded by about $2.9 billion in health care
funding on reservations today, with regard to IHS clinical services
alone. As a result of that underfunding, the per capita commitment to
Indian health care today is about $1,900. That is half of what our per
capita commitment is today for Federal prisoners' health care. In other
words, an Indian child on a reservation gets half the commitment
through the Federal Government that a prisoner does regardless of that
prisoner's crime in the Federal system today.
What I simply am proposing with this amendment is that we take part
of the money allocated for the implementation of this trust
responsibility effort that is now underway in the BIA and shift it over
to where it can do the most good; that is, in health care. We need
every dollar we can get in health care, and $79 million--which is what
this amendment provides--will go at least a little ways.
Since we weren't able to pass the amendment offering $292 million for
IHS clinical services, $79 million transferred to Indian health care
from the trust fund budget that is within the BIA would at least send
the right message to NCAI and to all of the Native American
organizations that we listen, that we understand, and that this is
important to us as well.
Some will argue that to do so would actually prevent us from cutting
checks to allottees. If this bill were enacted today, the Office of
Special Trustee would receive $143 million, the same as last year. So
we would have the same amount of money for allottees through the Office
of Special Trustee that we had in the last fiscal year. The system that
cuts the checks--the Trust Fund Accounting System--would not be
affected. That costs approximately $14 million. According to the
President's budget request, my amendment would still allow $32 million
in the Operation and Support Account. In the Operation and Support
Account we strike $20 million. We leave $32 million.
There is a $6 million reduction in the trust accountability account.
We leave $51 million. We take $15 million from field operations and
still leave $24 million. We take $38 million from the historical
accounting fund and we still leave $27 million. The total amount
available for the Office of Special Trustee under this amendment is
$143 million.
This is our last opportunity on this bill to do something worthwhile,
to recognize we have failed to meet our obligations in addressing the
crisis we have in health care on reservations in the country today and
to recognize, as well, the Office of the Special Trustee, as we
consider our challenges as well as our responsibilities in carrying out
the intent and the spirit of the treaty obligations we have not met and
that will not be met under this bill.
Let's use this money where it can do the most good. Let's shift it
out of the Office of Special Trustee and into health care. I hope my
colleagues on

[[Page S11812]]

both sides of the aisle could support this amendment.
Mr. President, the United States of America has been struggling to
strike the correct Indian policy for literally 200 years. Since the
days of the Louisiana Purchase and the Lewis and Clark exploration, we
have attempted to find a policy that was both fair to Native people and
yet, at the same time, allowed for the expansion and progress of the
United States. That search continues today.
From the treaties of the mid-1800s, to the Dawes Act of 1887, which
sought to break up tribal land, to the Indian Reorganization Act of
1934, which sought to undo the damage of the Dawes Act, the United
States has vacillated on Indian policy. From a policy of termination to
the Indian Self Determination and Education Assistance Act of 1975, we
have struggled. In more recent times, through several administrations
of both parties, the United States has been committed to honoring its
treaty obligations and interacting with Indian tribes on a government-
to-government basis.
Through a government-to-government policy, our goal is to respect the
integrity of tribal governments and allow them to function with greater
autonomy. Tribal governments are administering more and more programs
and are being looked to for the provision of local services.
President Bush, discussing his administration's policy on Indian
affairs had this to say:

To enhance our efforts to help Indian nations be self-
governing, self-supporting, and self-reliant, my
Administration will continue to honor tribal sovereignty by
working on a government-to-government basis with American
Indians and Alaska Natives. We will honor the rights of
Indian tribes and work to protect and enhance tribal
resources.

With that background in mind, the question before the Senate is
whether or not we should appropriate money to reorganize the Bureau of
Indian Affairs when the reorganization plan put forward by the
Department of Interior is opposed by Indian tribes all across the
country. I think that the answer is clearly ``no.''
What does the phrase ``government-to-government'' mean if we are
going to ignore the opinion of tribal leaders on a question of unique
importance to Indian people? What does it say if we pay no heed to
tribal leaders on how to organize the Bureau of Indian Affairs? I ask
my colleagues who have an Indian reservation in their State, how many
of you have said you are committed to government-to-government
relations between the United States and Indian tribes?
The tribal Chairs in South Dakota are against the proposed BIA
reorganization plan. The senior Chairman in South Dakota, Chairman Mike
Jandreau of the Lower Brule Sioux Tribe, has been a national leader on
this subject. The National Congress of American Indians has written to
Congress asking us not to fund the reorganization. If a government-to-
government policy means anything, then Congress should respect these
tribal leaders, not fund the reorganization, and transfer the proposed
funding to higher priorities, health care first and foremost.
I am therefore proposing that we transfer $79 million from accounts
that would fund a reorganization of the Department of Interior, Bureau
of Indian Affairs, to increase funding for Indian health programs.
The health care statistics on the reservations of South Dakota, and
throughout the country, are closer to the statistics of the developing
Third World than they are to the national statistics for the United
States. Infant mortality and diabetes rates on the reservations far
exceed that of the rest of the Nation; every health barometer calls out
for prompt intervention and assistance.
There is little disagreement that the Department's stewardship of
Indian trust funds has been a colossal and longstanding failure. For
over 100 years, the Department of Interior has served as the trustee
for the proceeds from the leasing of oil, gas, land and mineral rights
on Indian land. Many billions of dollars are at stake. Money that is
desperately needed to address basic human needs cannot be accounted for
and distributed.
But rather than get directly at the underlying problem, the
Department continues to focus on reorganization in order to demonstrate
to the tribes, Congress, and the Court that something is happening and
that progress is being made. The money in the trust fund belongs to the
tribes and its enrolled members.
Congress should not appropriate one more dollar for reorganization of
the BIA until the tribes tell us they support the reorganization plan
and, most importantly, that the reorganization plan will adequately
address the mismanagement of the trust fund.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BURNS. Mr. President, we pretty much laid out the facts in this
debate. There is no question about the Indian Health Service. I
completely agree with my friend from South Dakota.
There are a couple of points I make. If his amendment is successful,
it has great ramifications regarding the amount of money going to
individual Native Americans, to the tribes, and to trust accounts this
year. This transfer of funds shuts down the operation of this
historical accounting procedure. This is a problem that has been
building for the last 10 or 15 years. In fact, it got so bad under the
last administration, the court finally held the Department of Interior
in contempt because they were not forthcoming with the figures. Why?
Because there was no way to do it. There was no way to present the
court with any actual figures to settle the litigation.
The ramifications, if we shut this down: South Dakota alone has
35,714 open accounts. Their annual disbursement to those accounts now
under present conditions is over $84 million; Oklahoma, $90 million; my
home State, $87 million; $101 million, the State of Washington. That
money will not be mailed this year.
On this old reorganization--and we have heard a lot of talk about
where is it going, what policy shall we have--the policy is being
dictated by the courts. Maybe the policy is we should be on historical
accounting so we know accurately what is owed and what is not.
Prior to implementing a major restructuring of the Department's
Indian trust functions, Interior engaged in the most extensive
consultation in history by senior Department officials with the Indian
tribes. Before the new organization was developed, the Department
officials held over 45 meetings with tribal leaders throughout the
United States, testified at several congressional hearings during the
consultation process, and obtained the approval of the House and
concurrence of the Senate Appropriations Committee.
What we are talking about is a problem being caused mainly because we
stuck our head in the sand and would not face reality when dealing with
this. It could be huge. Some plaintiffs say it could go as high as $176
billion. I don't think we are ready to do that just now.
Even if you disagree with the accounting procedure, the Department,
regardless of those procedures, the court findings, will be required to
implement the court decision should it be made. This amendment will
ensure no money is there for implementation.

Now I will focus on IHS for a moment. We have already been down that
particular road. We have added money to IHS the last 5 years. We
continue to do so. Under the leadership of Senator Domenici and also
Senator Daschle of South Dakota and a lot of Members who live in Indian
country, we have worked very hard to pump up those accounts,
understanding that we have situations on Indian reservations that are
characteristic of their problems.
This amendment should not pass. It should not pass. It should allow
the process to go forward and settle this problem that has been
completely ignored over the past 10 or 15 years.
I hope the Senators will take a look at this. This is the first
administration that has stepped up and said we have to do something
about it; we have to address it. Not only are we under the cloud of
litigation but it is the right thing to do. It is the right thing to do
for our individuals. It is the right thing to do for our tribal
governments, tribes, and for their trust funds. It is the right thing
to do.
I yield the floor.
The PRESIDING OFFICER. The Democratic leader.
Mr. DASCHLE. Mr. President, I have great admiration and respect for
the

[[Page S11813]]

Senator from Montana. I ask him, if it is the right thing to do, why
did we exempt the tribes from Montana from this very provision, this
very requirement? Section 134 of the bill exempts certain tribes. All
of those tribes in Montana are exempt.
We are simply saying, if the exemption is good enough for Montana, it
ought to be good enough for the rest of the country, as well. I start
with that. It cannot be too good or we would include Montana. But we do
not. That is an issue that ought to be clarified.
I also simply say, if it is true these allottees are not going to
receive income as a result of the passage of this amendment, how is it
possible that virtually every tribal leader in the country, virtually
every Indian organization in the country, has expressed support for the
amendment? Would they not be concerned for the allottees? Would they
not be concerned about the economic impact this would have? The fact
is, they support the amendment. The fact is, they know we have money in
this bill with this amendment that allows at least some of these
responsibilities to be carried forward.
Why would we ever implement a bureaucratic response to a policy that
is yet to be written, that is yet to be confirmed and acknowledged and
authorized by the courts? Why would we put the organization in place
before we know what the responsibilities are? That is what we ask with
this amendment.
We have debated it now on several occasions. I am not going to
convince the Senator from Montana, even though he looks out for his
State, and I don't blame him for doing so. I want the same opportunity
to look out for the rest of the country and my State, as well.
I yield the floor.
Mr. BURNS. Mr. President, the exemption he was talking about for
Montana, the exemption is the tribes are self-governance tribes. They
all have clean audits. They are ready. It is those here in Washington
who are not. And we cannot stop the process if we are to be fair to
everybody in Indian country.
We have made our points. I am ready to vote if the distinguished
minority leader is ready to vote. I know one thing, nobody has greater
passion for this issue and for his State than my good friend from South
Dakota. But I feel we have kept our head in the sand too long. There
has to be some finality to it. We cannot short-circuit the system
before it is completed.
Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER (Mr. Talent). Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Connecticut (Mr. Dodd),
the Senator from North Carolina (Mr. Edwards), the Senator from Florida
(Mr. Graham), the Senator from Massachusetts (Mr. Kerry) and the
Senator from Connecticut (Mr. Lieberman) are necessarily absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``Yea.''
The result was announced--yeas 43, nays 52, as follows:

[Rollcall Vote No. 362 Leg.]

YEAS--43

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dorgan
Durbin
Feingold
Feinstein
Harkin
Hollings
Jeffords
Johnson
Kennedy
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
McCain
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden

NAYS--52

Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Kyl
Lott
Lugar
McConnell
Miller
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner

NOT VOTING--5

Dodd
Edwards
Graham (FL)
Kerry
Lieberman
The amendment (No. 1739), as further modified, was rejected.
Mr. BURNS. Mr. President, I move to reconsider the vote.
Mr. DORGAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BURNS. Mr. President, we will have our two managers' packages and
then final passage. We will have the packages ready in about 5 or 10
minutes. That is the last vote of the evening, I assume. The leader
will be here soon. He will make that announcement.
In the meantime, I thank my good friend from North Dakota, Senator
Dorgan, for working on this bill because I think we did it in record
time this year. We had some issues that had to be dealt with and we
dealt with them. We had a good, spirited debate. I thank all Senators
for their cooperation on this piece of legislation.
I yield the floor to my friend from North Dakota.
Mr. DORGAN. Mr. President, let me, too, thank my colleague, Senator
Burns. This is a very significant piece of legislation. We have had
excellent cooperation. I also thank the staff, if I might: Peter
Kiefhaber, Brooke Livingston, and, of course, the majority staff: Bruce
Evans, Ginny James, Steve Fonnesbeck, and also Ryan Thomas.
The Interior bill has, on occasion, been a bill that has taken a long
time to move through the floor in some years. Other years, it has moved
rather quickly. I think we have had a good discussion on some very
important issues. I appreciate the work of my colleague from Montana. I
believe we have a couple of managers' packages, and then I think we
will have an opportunity to voice vote final. There is one additional
amendment as well.
I yield the floor.
Mr. BURNS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FRIST. First of all, I congratulate the managers. The bill has
been handled perfectly. It allows us to continue on in the
appropriations process in an orderly manner. It allows adequate and
good time for debate and discussion. I congratulate them.
As the managers just said, there are a couple of packages being
worked on now. Then we will have final passage by voice vote. Tonight
there will be no more rollcall votes. The exact times will be announced
later tonight, but we plan on going to DC appropriations at 10:30
tomorrow morning. The specific times in terms of morning business and
all will be announced later. I congratulate the managers and all our
colleagues on making tremendous progress in the overall appropriations
process. I appreciate everybody's cooperation and patience on these
very important bills.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BURNS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BURNS. Mr. President, we have the first package of amendments.
They have been agreed to on both sides of the aisle. This is in package
No. 1, for identification for my good friend from North Dakota. There
are two other packages to come, and we are working on those.

Amendment Nos. 1757; 1758; 1752, As Modified; 1759; 1760; 1761; 1762;
1728, As Modified; 1763, 1726, 1764, 1765, and 1766, En Bloc

Mr. BURNS. Mr. President, I ask unanimous consent that the amendments
in package No. 1 be considered en bloc and agreed to en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered. The
amendments are considered en bloc and are agreed to en bloc.

[[Page S11814]]

The amendments were agreed to, as follows:

amendment no. 1757

(Purpose: To provide funds for trail construction on the Wasatch-Cache
National Forest)

On page 70, line 18, immediately following the number
``205'' insert the following:
``, of which $500,000 may be for improvements at Fernwood
Park on the Wasatch-Cache National Forest''

amendment no. 1758

(Purpose: To provide funds to facilitate a land exchange between the
State of Montana and the Lolo National Forest)

On page 64, line 21, immediately following number
``6a(i))'' insert the following:
``, of which $200,000 may be for necessary expenses related
to a land exchange between the State of Montana and the Lolo
National Forest''

amendment no. 1752, as modified

On page 20, line 16, after ``$1,636,299,000'' insert the
following: ``, of which, in accordance with the cooperative
agreement entered into between the National Park Service and
the Oklahoma City National Memorial Trust and numbered
1443CA125002001, $600,000 may be available for activities of
the National Park Service at the Oklahoma City National
Memorial and $1,600,000 may be available to the Oklahoma City
National Memorial Trust''.

amendment no. 1759

(Purpose: To set aside funds for the Wildlife Enhancement and Economic
Development Program in Starkville, Mississippi)

On page 11, line 24, after ``2005'' insert the following:
``, of which $1,000,000 may be available for the Wildlife
Enhancement and Economic Development Program in Starkville,
Mississippi''.

amendment no. 1760

(Purpose: To improve seismic monitoring and hazard assessment in the
Jackson Hole-Yellowstone area of Wyoming)

On page 27, line 17, immediately following ``industries;''
insert:
and of which $250,000 may be available to improve seismic
monitoring and hazard assessment in the Jackson Hole-
Yellowstone area of Wyoming.

amendment no. 1761

(Purpose: To allow fiscal year 2004 funds for futuregen)

On page 82, line 7, insert before the period ``; Provided
Further, That notwithstanding any other provision of law,
within fiscal year 2004 up to $9,000,000 of the funds made
available under this heading for obligation in prior years,
of funds not obligated or committed to existing Clean Coal
Technology projects, and funds committed or obligated to a
project that is or may be terminated, may be used for the
development of technologies and research facilities that
support the production of electricity and hydrogen from coal
including sequestration of associated carbon dioxide;
provided that, the Secretary may enter into a lease or other
agreement, not subject to the conditions or requirements
established for Clean Coal Technology projects under any
prior law, for a cost-shared public-private partnership with
a non-Federal entity representing the coal industry and coal-
fueled utilities; and provided further, that the Secretary
shall ensure that the entity provides opportunities for
participation by technology vendors, States, universities,
and other stakeholders''.

amendment no. 1762

(Purpose: To provide funding for DES applications integration)

On page 85, on line 4 beginning after ``expended'' insert
``, of which $1,500,000 is for DES applications
integration''.

amendment no. 1728, as modified

On page 21, line 21, after ``$60,154,000'' insert the
following: ``, of which $175,000 may be available for
activities to commemorate the Louisiana Purchase at the Jean
Lafitte National Historical Park and Preserve in the State of
Louisiana''.

amendment no. 1763

On page 36, line 4, insert before the period ``: Provided
further, That $48,115,000 shall be operating grants for
Tribally Controlled Community Colleges, and $34,710,000 shall
be for Information Resources Technology''

amendment no. 1726

(Purpose: To provide for a payment of $11,750 to the Harriet Tubman
Home in Auburn, New York)

At the end of title I, add the following:
Sec. (a) Payment to the Harriet Tubman Home, Auburn, New
York, Authorized.--(1) The Secretary of the Interior may,
using amounts appropriated or otherwise made available by
this title, make a payment to the Harriet Tubman Home in
Auburn, New York, in the amount of $11,750.
(2) The amount specified in paragraph (1) is the amount of
widow's pension that Harriet Tubman should have received from
January 1899 to March 1913 under various laws authorizing
pension for the death of her husband, Nelson Davis, a
deceased veteran of the Civil War, but did not receive,
adjusted for inflation since March 1913.
(b) Use of Amounts.--The Harriet Tubman Home shall use
amounts paid under subsection (a) for the purposes of--
(1) preserving and maintaining the Harriet Tubman Home; and
(2) honoring the memory of Harriet Tubman.

amendment no. 1764

(Purpose: To include electric thermal storage technology as a
weatherization material under the Energy Conservation in Existing
Buildings Act of 1976)

On page 137, between lines 23 and 24, insert the following:

SEC. 3____. ELECTRIC THERMAL STORAGE TECHNOLOGY.

Section 412(9) of the Energy Conservation in Existing
Buildings Act of 1976 (42 U.S.C. 6862(9)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) electric thermal storage technology; and''.

amendment no. 1765

(Purpose: To provide funds for the Mesa Verde Cultural Center in the
State of Colorado, with an offset)

On page 23, beginning on line 12, strike ``$341,531,000''
and all that follows through line 17 and insert
``$342,131,000, to remain available until expended, of which
$300,000 for the L.Q.C. Lamar House National Historic
Landmark and $375,000 for the Sun Watch National Historic
Landmark shall be derived from the Historic Preservation Fund
pursuant to 16 U.S.C. 470a and of which $600,000 shall be
available for the planning and design of the Mesa Verde
Cultural Center in the State of Colorado: Provided, That none
of the funds''.

On page 71, beginning on line 9, strike ``$77,040,000'' and
all that follows through line 11 and insert ``$76,440,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended, of which $5,400,000 shall be
available for the Beaver Brook Watershed in the State of
Colorado: Provided, That''.

amendment no. 1766

(Purpose: To provide funding for the construction of a statue of Harry
S Truman in Kansas City, Missouri, with an offset)

On page, 23, line 17, insert before the ``:'' the
following: ``, and of which $50,000 shall be available for
the construction of a statue of Harry S Truman in Union
Station in Kansas City, Missouri, and of which $4,289,000
shall be available for the construction of a security fence
for the Jefferson National Expansion Memorial in the State of
Missouri''.

Mr. BURNS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Iraq

Mr. DORGAN. Mr. President, we should momentarily come to the floor
with the final managers' package and wrap up this bill and I think we
will have a voice vote at the end. I did want to make a couple of
comments while we were waiting for the final pieces of this
appropriations bill.
Earlier today I visited just a bit about the issue of reconstruction
in the country of Iraq. Today we were visited in our Democratic caucus
by Ambassador Bremer who just returned from Iraq. He appeared before
the Senate Appropriations Committee yesterday, before our caucus today.
He talked about the request of $87 billion, both for military
appropriations for our defense establishment--that is appropriations of
about $60 billion necessary for the efforts we are making in the
country of Iraq--and, in addition to that, there is about slightly more
than $20 billion for reconstruction in Iraq.
I want to make the point that first I think every dollar requested
for the military could, should, and I believe will be appropriated
quickly to support the efforts of our troops. This Congress has to
understand when we ask our sons and daughters to go to war and to
commit themselves for the mission this country asks of them, we must
support them with appropriations.
The second issue, the reconstruction in Iraq that is necessary, is a
different and an interesting problem. Should the American taxpayer pay
for the reconstruction of Iraq? First of all, we did not target Iraq
infrastructure. Shock and Awe was a campaign that began with smart
bombs and smart weapons. It did not target their electric grid. It did
not target their dams. It did not target their roads. It did not target
the infrastructure of Iraq. The destruction of the infrastructure of
Iraq has come from a guerrilla insurgent movement inside Iraq, but it
has not come from American military force. So the question is, who
should provide the $20-plus billion for reconstruction of Iraq?

Let me make a point about that. Iraq is a country of 24 million
people sitting

[[Page S11815]]

on sandy soil that contains the second largest reserves of oil in the
world, the second largest reserves in the world next to Saudi Arabia.
It is estimated that by next July the Iraqi oil wells will be producing
around 3 million barrels per day. It is also estimated at that level
the net export value of Iraqi oil will be about $16 billion a year. So
over the next 10 years the Iraqi oil revenues should produce about $160
billion.
In addition to that, I asked Ambassador Bremer what do you intend to
do with respect to the Iraqi oil revenue and what do you intend to do
with respect to debts that are owed to other countries from the country
of Iraq? The reason I ask that question is, I said: Why don't you use
Iraqi oil to reconstruct Iraq? It seems to me logical you would do
that.
He said, We can't do that because Iraq owes a great deal of money. It
has great debt.
I said, Who holds the debt?
Yesterday during the Appropriations Committee hearing, he said
Russia--Iraq owes Russia money, it owes France money, and Germany
money.
Since yesterday I have gotten more information about that. It turns
out the largest holders of Iraq debt are Saudi Arabia and Kuwait. It is
very interesting to me: Saudi Arabia and Kuwait, the largest holders of
debt, according to published reports, from the Iraqi government.
So the Iraqi government owes Kuwait and the Saudis perhaps $50
billion. Who is the Iraqi government? Saddam Hussein. Saddam Hussein
obligated the Iraqi government, the Iraqi people, to pay certain moneys
to other countries for the debts incurred. But Saddam Hussein does not
exist; his government is gone. So who should repay that debt?
Ambassador Bremer says the American taxpayer should repay that debt. I
don't think so. I think what ought to happen is you ought to
collateralize or securitize the next 10 years of Iraqi oil. You can
easily provide the resources for the reconstruction in Iraq from the
oil that will be pumped from the sands of Iraq in the next 10 years.
Iraqi oil ought to be used to pay for the reconstruction in the country
of Iraq.
With respect to the debt Ambassador Bremer says under international
obligations is owed by the country of Iraq to other countries, it seems
to me there is a term called debt forgiveness. I don't know how you say
to the Saudis and the Kuwaitis: You were owed money by Iraq. Go find
Saddam Hussein and collect it. I don't know quite how you say that, but
there must be a way of saying that. Go find Saddam Hussein and try to
collect that debt. That is who obligated that debt on behalf of the
Iraqi people.
It seems to me, the first thing we ought to do is say this debt that
overhangs the people of Iraq ought to be negotiated down, first and
foremost. Second, it seems to me we ought to say we will provide all
the money that is requested, first for the military side of the request
for the appropriations the President asked for, and second, we will
provide the money, because we should, with respect to reconstruction.
But it will not be American taxpayers' money. We will provide the
mechanism by which we monetize or rather collateralize or securitize
the oil revenues that we pump from under the sands of Iraq over the
next 10 years.
Ambassador Bremer says that will be up to 3 million barrels per day
by next July. At 3 million barrels per day you produce about $20
billion a year, about $4 billion of which is going to be needed for
Iraqi oil needs, the rest of which is available for export. That is $16
billion of export earnings. That is the way you reinvest in Iraq.
Invest in Iraq infrastructure with oil revenue from Iraq.
Ambassador Bremer said one other thing that was interesting to me. He
said, by the way, we have just put together a tax structure in Iraq. I
might point out that a nonoil state, that is a nation that doesn't have
oil reserves, and that's a good many nations around the world, they put
together a revenue structure, a tax system by which they raise the
money to build the schools, to build the roads, to maintain the
electric grid. They put together a tax system to do that.
They have just put together a new tax system in the country of Iraq
and Ambassador Bremer pointed out yesterday we have a new tax system.
Apparently that is designed to produce the revenue to run the
Government of Iraq. He said the top income tax rate is 15 percent.
I am thinking to myself, so those at the highest income levels in
Iraq--and there are some very high income-earners in Iraq--will pay a
15 percent tax and then American taxpayers at the highest level will
pay a 39 percent tax and we should pay a 39 percent tax so we can send
money to the Government of Iraq so the Government of Iraq can send
money to the Saudis and the Kuwaitis to satisfy past debt
obligations while the Iraqi citizens at the top of the income level are
paying 15 percent income tax. I don't think so. That is not a construct
that makes much sense to me.

I am not saying by all of this that we don't have obligations--we
do--or that we don't have a priority interest in dealing with the
military and the nonmilitary needs in Iraq. We do. The question is not
whether; it is how.
My hope is we will bifurcate this request for appropriations of $87
million, and take the military side first and pass that. I support all
of that. We ought to move that through this Congress quickly.
Second, we ought to work with Ambassador Bremer and others and
describe to those folks how we want to reconstruct Iraq to rebuild the
infrastructure.
Let me describe what they are talking about. It is restoring
marshland, building seven communities with 3,500 new homes,
rehabilitating 1,000 schools, developing a telecommunications system.
Need I go on?
Is the reconstruction of Iraq necessary in which to build a market
system and a healthy economy? Perhaps. Should it be done? Sure. With
whose money? Who pays the bill?
In this case, it makes no sense to me for us to say the American
taxpayer should foot that bill for reconstruction. It makes eminent
good sense, in my judgment, for us to say we will help, as we already
have, to develop the central banking system of Iraq, develop the
economy that is now emerging in Iraq, and through that process
securitize future Iraqi oil revenues. As I see it, that is $320 billion
in revenues over the next 20 years. It just seems to me that $320
billion in 20 years provides the collateral to easily provide the
upfront funds--not a grant from the American taxpayer, but a loan in
the form of a security document securitizing or collateralizing future
oil production in Iraq.
We will have a lot of discussion about this. I suspect some will say
if you do not believe in every single sentence or every punctuation
mark in the President's request that somehow you are not thinking
squarely. I really believe the piece we ought to describe in some great
detail here and the piece we ought to debate is the issue of who should
pay for the reconstruction of Iraq--not the issue of security. We need
to do that. Not the issue of military needs; we need to do that, and
now. But we need to have a good, strong debate here in this Congress
about how to provide the funds for the reconstruction that is being
proposed in Iraq. I for one come down on the side of saying let us have
Iraqi oil produce the revenues to invest in Iraq. That is what makes
good sense to me.
For the record, let me describe the circumstances with Iraqi debt.
The reason I do this is because Ambassador Bremer says that is why they
propose the American taxpayer pay the money for Iraqi reconstruction
rather than have Iraqi oil do it. The World Bank Debtor Reporting
System is where you find the evidence of which countries have how much
debt. Saddam Hussein's Iraq was one of the few countries that did not
report its debt statistics to the World Bank Debtor Reporting System.
So you have to rely on other pieces of information.
The best we can determine, the biggest lenders to Saddam Hussein were
France, Germany, Gulf states, Japan, Kuwait, Russia, and Saudi Arabia.
Of those, the largest was Saudi Arabia, then Kuwait, and Russia a close
third. All the other Gulf states together were substantial--close to
$30 billion, France and Germany in the $6 billion range.

I think it is really important to ask the question. If you are saying
we can't use Iraqi oil to reconstruct Iraq because Iraq has all of
these debts Saddam Hussein apparently incurred, then

[[Page S11816]]

how do you tell countries such as Saudi Arabia and Kuwait, and how do
you tell them quickly, by the way, that the debt you have, that paper
you hold, is the debt you incurred in negotiations with Saddam Hussein.
We are sorry. He doesn't live here anymore. You might want to put that
piece of paper somewhere where you have other things to collect which
have very little worth, then start over understanding that Iraqi oil
can be used to reconstruct the urgent needs that exist in the country
of Iraq.
I will have more to say about this at some future point. Because
Ambassador Bremer is here, I wanted to make that point. Let me also say
that I said to Ambassador Bremer we pray for his safety. He has a very
difficult job and dangerous job, as do the men and women who wear our
country's uniform and who are in Iraq today and stationed in other
parts of the world as well. We pray for their safety and thank them for
their services to our country.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BURNS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 1768

Mr. BURNS. Mr. President, I send an amendment to the desk which has
been agreed to by both sides. This happens to be an amendment that
covers almost the core of the debate during this piece of legislation.
This has moneys which replace the moneys that were borrowed from all
the funds to fight fires.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Montana [Mr. Burns], for himself and Mr.
Dorgan, proposes an amendment numbered 1768.

Mr. BURNS. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To provide funds to repay accounts from which funds were
borrowed for wildfire suppression)

Immediately following Title III of the bill insert the
following new Title:

``TITLE IV--WILDLAND FIRE EMERGENCY APPROPRIATIONS

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For necessary expenses to repay advances from other
appropriations transferred in fiscal year 2003 for emergency
rehabilitation and wildfire suppression activities of the
Department of the Interior, $75,000,000 to remain available
until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 502 of H. Con. Res. 95, the concurrent
resolution on the budget for fiscal year 2004: Providing
further, That the $75,000,000, that includes designation of
the entire amount of $75,000,000 as an emergency requirement
as defined in H. Con. Res. 95, the concurrent resolution on
the budget for fiscal year 2004, is transmitted by the
President to the Congress.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

For necessary expenses to repay advances from other
appropriations transferred in fiscal year 2003 for wildfire
suppression and emergency rehabilitation activities of the
Forest Service, $325,000,000 to remain available until
expended: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
502 of H. Con. Res. 95, the concurrent resolution on the
budget for fiscal year 2004: Provided further, That the
entire amount shall be available only to the extent that an
official budget request for $325,000,000, that includes
designation of the entire amount of $325,000,000 as an
emergency requirement as defined in H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, is
transmitted by the President to the Congress.''

Mr. BURNS. Mr. President, this amendment provides for $400 million
under consequential emergency conditions. It is not offset. We want to
thank the administration and the folks down at OMB. We have been
working very hard with them. As this moves, we are asking that the
Forest Service and the Department of the Interior get out their pencils
and give us the number. This number could go up slightly. It could go
down by the time the conference is over because that is where it will
be settled.
I urge its adoption.
Mr. DORGAN. Mr. President, I support this amendment. We have reviewed
it. I am a cosponsor. I asked Senator Burns to include me as a
cosponsor.
This really needs to be done. In fact, we need to do more than this.
This is what we can do at this moment and we will continue to work on
this in conference.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 1768) was agreed to.
Mr. BURNS. Mr. President, I move to reconsider the vote.
Mr. DORGAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. DORGAN. Mr. President, if I might, while we are waiting, on this
issue of fire and fire suppression, I know Senator Burns has spoken on
this floor at some length, and we have had a discussion in the
committee. We have to really stop this process of underfunding these
accounts at the start of the year. It is not a great surprise that we
are going to have forest fires. I come from a State that doesn't have a
lot of trees. But my colleague, Senator Burns, comes from a State that
is full of trees.
In a good many States in this country, we have seen the devastation
by massive forest fires. They cause a substantial amount of damage. The
amount of money that is required to deal with the issue of forest
firefighting and forest fire suppression is a very substantial amount
of money. We know at the start of the year and in recent years that the
money has not been requested which is going to be necessary. Then we
come later on in the year acting wide-eyed and surprised--not my
colleague from Montana. He never acts wide-eyed and surprised. But
there are some who walk around here acting like they have just been hit
with this huge surprise. It is not a surprise to us.
At the start of the year we need to ask OMB to request the money that
is necessary, and we need the Congress to appropriate the money
necessary so we are not in this bind every single year.
The amendment we have just agreed to, the Burns amendment, is an
amendment that moves us in the direction of restoring the funding that
has been taken from other accounts. But it doesn't provide all the
money necessary for that. We have much more to do in conference.
Senator Burns has done a remarkably good job in trying to fight with
those with whom you have to fight to get the resources. We will
continue this fight in conference.
Mr. BURNS. Mr. President, you do not do anything by yourself. They
say you always like to be like a turtle; a turtle never gets anywhere
unless he sticks his neck out. Some folks are proud of that. But if you
find one on the top of a fence post, he did not get there by himself.
I appreciate the support we have had from Senator Dorgan and his side
of the aisle. It is something that needed doing. We are getting a
different fire nowadays. It has a different characteristic. It is
hotter and more damaging. We have to deal with it and we have to pay
for it.
It is the people's land. It is the people's timber. It is the
people's place where they recreate, hunt, and fish. There is a lumber
industry that depends on the forest lands. This is a vital resource for
this country.

Amendments Nos. 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1776, 1725 as
Modified, 1777, 1737, 1732 as Modified, 1778, 1779, 1743 as Modified,
1733, 1780, 1749, 1781 and 1782, En Bloc

Mr. BURNS. I ask unanimous consent to send to the desk the managers'
amendments to this bill and ask for their immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The
amendments will be considered en bloc.
Mr. DORGAN. The amendments have been cleared on this side of the
aisle.
The PRESIDING OFFICER. The question is on agreeing to the amendments.

[[Page S11817]]

The amendments were agreed to en bloc, as follows:

Amendment no. 1769

(Purpose: To cancel certain unobligated balances in the Department of
the Interior's foreign currency account)

On page 44, insert the following after line 23:
``Of the unobligated balances in the Special Foreign
Currency account, $1,400,000 are hereby canceled.''

amendment no. 1770

(Purpose: To provide authority for the Forest Service to reimburse
cooperators who assist with emergency response)

On page 66, line 20, immediately following the ``:'' insert
the following:
``Provided further, That such funds may be available to
reimburse state and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters:''

amendment no. 1771

(Purpose: To provide authority for the Forest Service to sell certain
excess facilities on the Wasatch-Cache National Forest)

On page 81 immediately following line 16, insert the
following new paragraph:
``The Secretary of Agriculture may authorize the sale of
excess buildings, facilities, and other properties owned by
the Forest Service and located on the Wasatch-Cache National
Forest, the revenues of which may be retained by the Forest
Service and available to the Secretary without further
appropriation and until expended for acquisition and
construction of administrative sites on the Wasatch-Cache
National Forest.''

amendment no. 1772

(Purpose: To facilitate rehabilitation efforts on the Kootenai and
Flathead National Forests)

Immediately following Title III of the bill insert the
following new Title:

``Title IV--The Flathead and Kootenai National Forest Rehabilitation
Act

SECTION 1. SHORT TITLE.

This act may be cited as the ``Flathead and Kootenai
National Forest Rehabilitation Act of 2003''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds that--
(1) The Robert and Wedge Fire of 2003 caused extensive
resource damage to the Flathead National Forest;
(2) The fires of 2000 caused extensive resource damage on
the Kootenai National Forest and implementation of
rehabilitation and recovery projects developed by the agency
for the Forest is critical;
(3) The environmental planning and analysis to restore
areas affected by the Robert and Wedge Fire will be completed
through a collaborative community process;
(4) The rehabilitation of burned areas needs to be
completed in a timely manner in order to reduce the long-term
environmental impacts; and
(5) Wildlife and watershed resource values will be
maintained in areas affected by the Robert and Wedge Fire
while exempting the rehabilitation effort from certain
applications of the National Environmental Policy Act (NEPA)
and the Clean Water Act (CWA).
(b) The purpose of this Act is to accomplish in a
collaborative environment, the planning and rehabilitation of
the Robert and Wedge Fire and to ensure timely implementation
of recovery and rehabilitation projects on the Kootenai
National Forest.

SEC. 3. REHABILITATION PROJECTS.

(a) In General.--The Secretary of Agriculture (in this Act
referred to as the ``Secretary'') may conduct projects that
the Secretary determines are necessary to rehabilitate and
restore, and may conduct salvage harvests on, National Forest
System lands in the North Fork drainage on the Flathead
National Forest, as generally depicted on a map entitled
``North Fork Drainage'' which shall be on file and available
for public inspection in the Office of Chief Forest Service,
Washington, D.C.
(b) Procedure.--
(1) In General.--Except as otherwise provided by this Act,
the Secretary shall conduct projects under this Act in
accordance with--
(A) the National Environmental Policy Act (42 U.S.C. 4321
et seq.); and
(B) other applicable laws.
(2) Environmental assessment or impact statement.--If an
environmental assessment or an environmental impact statement
(pursuant to section 102(2) of the National Environmental
Policy Act (42 U.S.C. 4332(2)) is required for a project
under this Act, the Secretary shall not be required to study,
develop, or describe any alternative to the proposed agency
action in the environmental assessment or the environmental
impact statement.
(3) Public collaboration.--To encourage meaningful
participation during preparation of a project under this Act,
the Secretary shall facilitate collaboration among the State
of Montana, local governments, and Indian tribes, and
participation of interested persons, during the preparation
of each project in a manner consistent with the
Implementation Plan for the 10-year Comprehensive Strategy of
a Collaborative Approach for Reducing Wildlife Fire Risks to
Communities and the Environment, dated May 2002, which was
developed pursuant to the conference report for the
Department of the Interior and Related Agencies
Appropriations Act, 2001 (House Report 106-646).
(4) Compliance with clean water act.--Consistent with the
Clean Water Act (33 U.S.C. 1251 et seq.) and Montana Code 75-
5-703(10)(b), the Secretary is not prohibited from
implementing projects under this Act due to the lack of a
Total Maximum Daily Load as provided for under section 303(d)
of the Clean Water Act (33 U.S.C. 1313(d)), except that the
Secretary shall comply with any best management practices
required by the State of Montana.
(5) Endangered species act consultation.--If a consultation
is required under section 7 of the Endangered Species Act (16
U.S.C. 1536) for a project under this Act, the Secretary of
the Interior shall expedite and give precedence to such
consultation over any similar requests for consultation by
the Secretary.
(6) Administrative appeals.--Section 322 of the Department
of the Interior and Related Agencies Appropriations Act, 1993
(Public Law 102-381; 16 U.S.C. 1612 note) and section 215 of
title 36, Code of Federal Regulations shall apply to projects
under this Act, except that--
(A) to be eligible to file an appeal, an individual or
organization shall submit specific and substantive written
comments during the comment period; and
(B) a determination that an emergency situation exists
pursuant to section 215.10 of title 36, Federal Regulations,
shall be made where it is determined that implementation of
all or part of a decision for a project under this Act is
necessary for relief from--
(i) adverse affects on soil stability and water quality
resulting from vegetation loss; or
(ii) loss of fish and wildlife habitat.

SEC. 4. CONTRACTING AND COOPERATIVE AGREEMENTS.

(a) In General.--Notwithstanding chapter 63 of title 31,
United States Code, the Secretary may enter into contract or
cooperative agreements to carry out a project under this Act.
(b) Exemption.--Notwithstanding any other provisions of
law, the Secretary may limit competition for a contract or a
cooperative agreement under subsection (a).

SEC. 5. MONITORING REQUIREMENTS.

(a) In General.--The Secretary shall establish a multi-
party monitoring group consisting of a representative number
of interested parties, as determined by the Secretary, to
monitor the performance and effectiveness of projects
conducted under this Act.
(b) Reporting Requirements.--The multi-party monitoring
group shall prepare annually a report to the Secretary on the
progress of the projects conducted under this act in
rehabilitating and restoring the North Fork drainage. The
Secretary shall submit the report to the Senate Subcommittee
on Interior Appropriations of the Senate Committee on
Appropriations.

SEC. 6. SUNSET.

The authority for the Secretary to issue a decision to
carryout a project under this Act shall expire 5 years from
the date of enactment.

SEC. 7. IMPLEMENTATION OF RECORDS OF DECISION.

The Secretary of Agriculture shall publish new information
regarding forest wide estimates of old growth from volume 103
of the administrative record in the case captioned Ecology
Center v. Castaneda, CV-02-200-M-DWM (D. Mont.) for public
comment for a 30 day period. The Secretary shall review any
comments received during the comment period and decide
whether to modify the Records of Decision (hereinafter
referred to as the ``ROD's'') for the Pinkham, White Pine,
Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink Stone projects
on the Kootenai National Forest. The ROD's, whether modified
or not, shall not be deemed arbitrary and capricious under
the NFMA, NEPA or other applicable law as long as each
project area retains 10% designated old growth in the project
area.

amendment no. 1773

(Purpose: To ensure the perpetual operation of water treatment centers
at the Zortman/Landusky mine reclamation site.)

At the end of Title III of the bill insert the following:

SEC. . ZORTMAN/LANDUSKY MINE RECLAMATION TRUST FUND.

(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Zortman/
Landusky Mine Reclamation Trust Fund'' (referred to in this
section as the ``Fund'').
(b) For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount
deposited in the Fund under this subsection is equal to at
least $22,500,000, the Secretary of the Treasury shall
deposit $2,250,000 in the Fund.
(c) Investments.--The Secretary of the Treasury shall
invest the amounts deposited under subsection (b) only in
interest-bearing obligations of the United States or in
obligations guaranteed by the United States as to both
principal and interest.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) may be available, without fiscal year
limitation, to the State of Montana for use in accordance
with paragraph (3) after the Fund has been fully capitalized.
(2) Withdrawal and transfer of funds.--The Secretary of the
Treasury shall withdraw amounts credited as interest under
paragraph (1) and transfer the amounts to the State of
Montana for use as State funds in

[[Page S11818]]

accordance with paragraph (3) after the Fund has been fully
capitalized.
(3) Use of transferred funds.--The State of Montana shall
use the amounts transferred under paragraph (2) only to
supplement funding available from the State Administered
``Zortman/Landusky Long-Term Water Treatment Trust Fund'' to
fund annual operation and maintenance costs for water
treatment related to the Zortman/Landusky mine site and
reclamation areas.
(e) Transfers and Withdrawals.--The Secretary of the
Treasury may not transfer or withdraw any amount deposited
under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as
are necessary to pay the administrative expenses of the Fund.

amendment no. 1774

(Purpose: To facilitate renewal of grazing permits managed by the
Bureau of Land Management's Jarbridge office)

At the end of Title I, insert the following:
Sec. . Nonrenewable grazing permits authorized in the
Jarbridge Field Office, Bureau of Land Management within the
past seven years shall be renewed under section 402 of the
Federal Land Policy and Management Act of 1976, as amended
(43 U.S.C. 1752) and under section 3 of the Taylor Grazing
Act of 1934, as amended (43 U.S.C. 315b). The terms and
conditions contained in the most recently expired
nonrenewable grazing permit shall continue in effect under
the renewed permit. Upon completion of any required analysis
or documentation, the permit may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
applicable laws and regulations. Nothing in this section
shall be deemed to extend the nonrenewable permits beyond the
standard one-year term.

report language

Sec. . Allows for the renewal of grazing permits in the
Jarbridge Field Office and makes the completion of the
required NEPA analysis a high priority while ensuring
completion of the necessary documents as soon as possible.

amendment no. 1775

(Purpose: To modify a provision relating to interim compensation
payments for Glacier Bay, Alaska)

On page 63, between lines 2 and 3, insert the following:

SEC. 1____. INTERIM COMPENSATION PAYMENTS.

Section 2303(b) of Public Law 106-246 (114 Stat. 549) is
amended by inserting before the period at the end the
following: ``, unless the amount of the interim compensation
exceeds the amount of the final compensation''.

amendment no. 1776

(Purpose: To modify a provision relating to applications for waivers of
certain maintenance fees)

On page 63, between lines 2 and 3, insert the following:

SEC. 1____. APPLICATIONS FOR WAIVERS OF MAINTENANCE FEES.

Section 10101f(d)(3) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(d)(3)) is amended by inserting
after ``reason'' the following: ``(including, with respect to
any application filed on or after January 1, 1999, the filing
of the application after the statutory deadline)''.

amendment no. 1725, as modified

On page 44, line 23, strike the period at the end and
insert ``: Provided, That of this amount, sufficient funds
may be available for the Secretary of the Interior, not later
than 60 days after the last day of the fiscal year, to submit
to Congress a report on the amount of acquisitions made by
the Department of the Interior during such fiscal year of
articles, materials, or supplies that were manufactured
outside the United States. Such report shall separately
indicate the dollar value of any articles, materials, or
supplies purchased by the Department of the Interior that
were manufactured outside the United States, an itemized list
of all waivers under the Buy American Act (41 U.S.C. 10a et
seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement
funds spent on goods manufactured in the United States versus
funds spent on goods manufactured outside of the United
States. The Secretary of the Interior shall make the report
publicly available by posting the report on an Internet
website.''.

amendment no. 1777

(Purpose: To amend Sec. 301 of Title III of the Energy Policy Act of
1992 (42 U.S.C. 13211) to include neighborhood electric vehicles in the
definition of alternative fueled vehicle)

On page 24, line 5, immediately following the colon, insert
``Provided further, That none of the funds provided in this
or any other Act may be used for planning, design, or
construction of any underground security screening or visitor
contact facility at the Washington Monument until such
facility has been approved in writing by the House and Senate
Committees on Appropriations:''

amendment no. 1737

(Purpose: To authorize the use of proceeds from land sales in the State
of Nevada for Lake Tahoe restoration projects)

On page 137, between lines 23 and 24, insert the following:

SEC. 3____. LAKE TAHOE RESTORATION PROJECTS.

Section 4(e)(3)(A) of the Southern Nevada Public Land
Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007) is
amended--
(1) in clause (v), by striking ``and'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
``(vi) environmental restoration projects under sections 6
and 7 of the Lake Tahoe Restoration Act (114 Stat. 2354) and
environmental improvement payments under section 2(g) of
Public Law 96-586 (94 Stat. 3382), in an amount equal to the
cumulative amounts authorized to be appropriated for such
projects under those Acts and in accordance with a revision
to the Southern Nevada Public Land Management Act of 1998
Implementation Agreement to implement this section, which
shall include a mechanism to ensure appropriate stakeholders
from the States of California and Nevada participate in the
process to recommend projects for funding; and''.

amendment no. 1732, as modified

On page 137, between lines 23 and 24, insert the following:

SEC. ____. ACQUISITION OF LAND IN NYE COUNTY, NEVADA.

(a) In General.--Subject to subsection (c), the Secretary
of the Interior (referred to in this section as the
``Secretary'') may acquire by donation all right, title, and
interest in and to the parcel of land (including improvements
to the land) described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) is the parcel of land in Nye County, Nevada--
(1) consisting of not more than 15 acres;
(2) comprising a portion of Tract 37 located north of the
center line of Nevada State Highway 374; and
(3) located in the E\1/2\NW\1/4\, NW\1/4\NE\1/4\ sec. 22,
T. 12 S., R. 46 E., Mount Diablo Base and Meridian.
(c) Conditions.--
(1) In general.--The Secretary shall not accept for
donation under subsection (a) any land or structure if the
Secretary determines that the land or structure, or a portion
of the land or structure, has or or may be contaminated
with--
(A) hazardous substances, pollutants, or contaminants, as
defined in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601); or
(B) any petroleum substance, fraction, or derivative.
(2) Certification.--Before accepting a donation of land
under subsection (a), the Secretary shall certify that any
structures on the land to be donated--
(A) meet all applicable building code requirements, as
determined by an independent contractor; and
(B) are in good condition, as determined by the Director of
the National Park Service.
(d) Use of Land.--The parcel of land acquired under
subsection (a) shall be used by the Secretary for the
development, operation, and maintenance of administrative and
visitor facilities for Death Valley National Park.

amendment no. 1778

(Purpose: To amend Sec. 301 of Title III of the Energy Policy Act of
1992 (42 U.S.C. 13211) to include neighborhood electric vehicles in the
definition of alternative fueled vehicle)

On page 137, between lines 23 and 24, insert the following:
Sec. 3 . Section 301 of the Energy Policy Act of 1992 (42
U.S.C. 13211) is amended--
(1) by striking ``or a dual fueled vehicle'' at the end of
subparagraph (3) and inserting ``, a dual fueled vehicle, or
a neighborhood electric vehicle'';
(2) by striking ``and'' at the end of subparagraph (13);
(3) by striking the period at the end of subparagraph (14)
and inserting ``; and''; and
(4) by adding at the end the following:
``(15) the term `neighborhood electric vehicle' means a
motor vehicle that qualifies as both--
``(A) a low-speed vehicle, as such term is defined in
section 571.3(b) of title 49, Code of Federal Regulations;
and
``(B) a zero-emission vehicle, as such term is defined in
Section 86.1702-99 of title 40, Code of Federal
Regulations''.

amendment no. 1779

(Purpose: To facilitate renewal of grazing permits)

On page 122, strike Section 324 and insert:
Sec. 324. A grazing permit or lease issued by the Secretary
of the Interior or a grazing permit issued by the Secretary
of Agriculture where National Forest System lands are
involved that expires, is transferred, or waived during
fiscal years 2004-2008 shall be renewed under section 402 of
the Federal Land Policy and Management Act of 1976, as
amended (43 U.S.C. 1752), section 19 of the Granger-Thye Act,
as amended (16 U.S.C. 5801), title III of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1010 et seq.), or, if applicable,
section 510 of the California Desert Protection Act (16
U.S.C. 410aaa-50). The terms and conditions contained in the
expired, transferred, or waived permit or lease shall
continue in effect under the renewed permit or lease until
such time as the Secretary of the Interior or Secretary of
Agriculture as appropriate completes processing of such
permit or lease in compliance with all applicable laws and
regulations, at which

[[Page S11819]]

time such permit or lease may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
such applicable laws and regulations. Nothing in this section
shall be deemed to alter the statutory authority of the
Secretary of the Interior or the Secretary of Agriculture:
Provided, That where National Forest System lands are
involved and the Secretary of Agriculture has renewed an
expired or waived grazing permit prior to or during fiscal
year 2004, the terms and conditions of the renewed grazing
permit shall remain in effect until such time as the
Secretary of Agriculture completes processing of the renewed
permit in compliance with all applicable laws and regulations
or until the expiration of the renewed permit, whichever
comes first. Upon completion of the processing, the permit
may be canceled, suspended or modified, in whole or in part,
to meet the requirements of applicable laws and regulations.
Provided further, Beginning in November 2004, and every year
thereafter, the Secretaries of the Interior and Agriculture
shall report to Congress the extent to which they are
completing analysis required under applicable laws prior to
the expiration of grazing permits, and beginning in May 2004,
and every year thereafter, the Secretaries shall provide
Congress recommendations for legislative provisions necessary
to ensure all permit renewals are completed in a timely
manner. The legislative recommendations provided shall be
consistent with the funding levels requested in the
Secretaries' budget proposals; Provided further,
Notwithstanding Section 504 of the Rescissions Act (109 Stat
212), the Secretaries in their sole discretion determine the
priority and timing for completing required environmental
analysis of grazing allotments based on the environmental
significance of the allotments and funding available to the
Secretaries for this purpose.

amendment no. 1743, as modified

(Purpose: To authorize the Secretary to use funds for the Blueberry
Lake project)

At the appropriate place, insert the following:
Funds appropriated for the Green Mountain National Forest
previously or in this Act may be used for the acquisition of
lands in the Blueberry Lake area.

amendment no. 1733

(Purpose: To provide for the conveyance of land to the city of Las
Vegas, Nevada, for the construction of affordable housing for seniors)

On page 137, between lines 23 and 24, insert the following:

SEC. 3____. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.

Section 705(b) of the Clark County Conservation of Public
Land and Natural Resources Act of 2002 (116 Stat. 2015) is
amended by striking ``parcels of land'' and all that follows
through the period at the end and inserting the following:
``parcel of land identified as `Tract C' on the map and the
approximately 10 acres of land in Clark County, Nevada,
described as follows: in the NW\1/4\ SE\1/4\ SW\1/4\ of
section 28, T. 20 S., R. 60 E., Mount Diablo Base and
Meridian.''.

amendment no. 1780

(Purpose: To direct the Secretary of Energy to submit to Congress a
report on the use of the Northeast Home Heating Oil Reserve)

On page 137, between lines 23 and 24, insert the following:

SEC. 3____. NORTHEAST HOME HEATING OIL RESERVE REPORT.

Not later than December 1, 2003, the Secretary of Energy
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives a report that--
(1) describes--
(A) the various scenarios under which the Northeast Home
Heating Oil Reserve may be used; and
(B) the underlying assumptions for each of the scenarios;
and
(2) includes recommendations for alternative formulas to
determine supply disruption.

amendment no. 1749

(Purpose: To exempt the rural business enterprise grants awarded to
Oakridge, OR from the business size restrictions)

At the appropriate place, insert the following: ``The
business size restrictions for the rural business enterprise
grants for Oakridge, OR do not apply.''

amendment no. 1781

(Purpose: To ensure that funds allocated to the Indian Health Service
are not redirected to programs and projects that have not been fully
justified in the agency's annual budget request and concurred in by the
House and Senate Appropriations Committees)

On page 95, at the end of line 17, insert the following new
paragraph:
None of the funds made available to the Indian Health
Service in this Act shall be used for any Department of
Health and Human Services-wide consolidation, restructuring
or realignment of functions or for any assessments or charges
associated with any such consolidation, restructuring or
realignment, except for purposes for which funds are
specifically provided in this Act.

amendment no. 1782

(Purpose: To make technical modification to the Marine Mammal
Protection Act)

At the appropriate place at the end of Title III, insert
the following new section:
Sec. . Section 104 (16 U.S.C. 1374) is amended--(1) in
subsection (c)(5)(D) by striking ``the date of the enactment
of the Marine Mammal Protection Act Amendments of 1994'' and
inserting ``February 18, 1997''.

Funding for Downeast Lakes Forestry Partnership, Maine

Ms. COLLINS. I congratulate the distinguished chairman of the
Interior Appropriations subcommittee for the fine work he has done
putting together this bill. The bill includes substantial funding for
programs to conserve our Nation's treasured lands and resources,
including $85 million for the forest legacy program; a program that
means so much to my home State of Maine.
There is one Maine conservation project, however, that does not
receive funds through the Senate bill. It is the Downeast Lakes
Forestry Partnership, the goal of which is the sustainable conservation
of 342,000 acres in Maine, including 78,800 acres of pristine lakes,
54,000 acres of productive wetlands, 445 miles of unspoiled shoreline,
and 342,000 acres of remote forestland. This important project, which
enjoys widespread support in my State, including the support of the
Governor, is at a critical stage. But it requires Federal support in
the coming fiscal year to help bring the project to fruition.
I would therefore ask the chairman whether he will commit to doing
all he can to consider funding the Downeast Lakes Forestry Partnership
when this bill goes to conference?
Mr. BURNS. I thank the Senator from Maine for her comments and do
pledge to help find funds in conference for the Downeast Lakes Forestry
Partnership. The Senator from Maine has been a tireless advocate for
this worthy project, and I know that she has suggested that it receive
funds from the Forest Service's National Forest System account, or the
U.S. Fish and Wildlife Service's Resource Management account. I will
use my best efforts to consider funding the Downeast Lakes project as
the Senator suggests.
Ms. COLLINS. Thank you, Mr. Chairman, for your pledge of support, and
for the leadership you consistently demonstrate on conservation issues.

land remote sensing

Mr. DASCHLE. Mr. President, the Interior Appropriations bill includes
funding for the United States Geological Survey, USGS, to conduct land
remote sensing. I would like to enter into a colloquy with my
colleagues from Montana and North Dakota regarding this funding in the
Interior Appropriations bill.
It is my understanding that a significant portion of the USGS mapping
program budget comes from the sale of data collected from the Landsat 7
satellite. Over the past several months, that satellite has been
experiencing problems that will severely hamper its ability to collect
scientifically-useful data. Just last week, USGS determined that the
problem affecting the Landsat 7 satellite is permanent. While the USGS
is working to develop a long-term solution to address this situation,
it is clear that USGS will not be collecting the full amount of income
from data sales originally planned for when the Senate Appropriations
Committee reported out the Interior Appropriations bill. As a result,
USGS will not be able to operate in accordance with the budget on which
this will is based.
Mr. President, I ask the Senator from Montana and the Senator from
North Dakota if the Interior Subcommittee is aware of this problem and
willing to work with the United States Geological Survey to address
this issue during the conference with the House?
Mr. BURNS. Mr. President, I would respond that, yes, the subcommittee
is aware of the problem affecting the Landsat 7 satellite, and we are
willing to work with USGS and our friend from South Dakota to address
this situation in conference.
Mr. DORGAN. Mr. President, I concur. The chairman is correct, and I,
too, want to help ensure this situation is addressed in conference.
Mr. DASCHLE. Mr. President, I thank the Senator from Montana and the
Senator from North Dakota for their cooperation and their clarification
regarding this matter.

national zoo

Mr. FRIST. Mr. President I want to enter into a colloquy with the
distinguished chairman of the Interior Subcommittee concerning the
funding in this bill for our National Zoo.

[[Page S11820]]

I know that the chairman is very aware of the problems that have
plagued our National Zoo over this last year. Many of these problems
simply relate to deteriorating physical conditions of the zoo.
Buildings and other animal habitats are literally falling apart.
This crown jewel of the Smithsonian is actually at risk of losing its
accreditation from the American Zoo and Aquarian Association. What a
terrible message this would send to the American public that its
national zoo cannot even meet accreditation standards. We owe it to the
American people, the thousands of children who visit the zoo annually,
to visitors from all over the world, and most importantly to the safety
and protection of these wonderful animals to do all we can to restore
the conditions there to a safe and healthy environment.
I ask the chairman of the subcommittee, in conference with the House
on this bill will you work to provide a level of funding that will once
again restore this wonderful institution to the level befitting of
being a ``national'' zoo and to help maintain its accreditation?
Mr. BURNS. Yes, I can assure the leader that I am very aware of the
physical problems that are now plaguing our National Zoo, and I commit
to him that I will work in conference to help address the funding needs
of that institution to help maintain its accreditation. I agree that
our National Zoo is a symbol of this Capitol City, and more importantly
of this country, and we must not let it lose that accreditation.

Little Rock Audubon Nature Center

Mr. PRYOR. I come to the floor today to ask my colleagues to join me
in supporting Federal funding for the Little Rock Audubon Nature
Center. The Little Rock Audubon Nature Center is a collaborative
private-public effort to provide tools and services to historically
underserved children. Using the prestige of the Audubon Society's
reputation, this project will pull together all stakeholders to promote
national science and math goals, environmental education, and wildlife
observation.
This isn't the nature center we grew up with. This is a new concept
that creates a place to learn math, science, and other academic
subjects in a nurturing environment reinforced by a hands-on, out-of-
doors experiences. This is a chance to support what our children learn
in the classroom and in the textbooks with stimulating reality. This
model of learning will stoke our children's curiosity and provoke them
to start asking the questions all great thinkers pose: Why does this
work? How can that happen? What makes this possible?
Mrs. LINCOLN. I join my friend and colleague in supporting this
project. I believe this will be a place that junior high and high
school kids will truly enjoy and where they can be engaged. According
to the Pew Foundation, academic achievement, student engagement, and
teacher satisfaction all improve significantly when schools link
academics with hands-on study of the surrounding environment and
community and that is exactly what the Little Rock Audubon Nature
Center will do.
The Nature Center site is just a 15-minute school bus ride from 50
schools in southeast Little Rock, giving it the ability to serve as an
outdoor classroom for thousands of school children.
In short, this is a kid-friendly, cost-effective approach to reaching
the underserved and teaching science and math. This is the kind of
project this body must support to help our kids meet the challenges of
the future.
Mr. PRYOR. Given current budget constraints, it is more important
than even to use scarce resources wisely and I rise today to provide my
colleagues with not only the numerous benefits associated with this
innovative approach to educating our children, but also the costs.
Specifically, I am seeking an appropriation of $1.2 million for the
project but $1.2 million that will be leveraged by private funding on a
better than 2 to 1 match. As Senator Lincoln pointed out, this Center
will serve thousands of children and I believe that federal investment
in the Little Rock Audubon Nature Center will produce broad returns
that deserve the attention of this body.
Mr. DORGAN. Will the Senator yield for a question?
Mr. PRYOR. I would be delighted to yield to the Senator from North
Dakota and our ranking member.
Mr. DORGAN. I am aware of the Senator's interest in the Little Rock
Audubon Nature Center, but did the Senator say that the Center will
support national science and math goals?
Mr. PRYOR. I did. The Little Rock Audubon Nature Center will assist
schools in teaching the sciences of ornithology, ecology, biology,
botany and environmental health, to name a few; to excite young
people's minds and prepare them for careers in the sciences; and to
help improve state science scores. Senator Dorgan, are you aware that
our childrens' math and science scores in America are continuing to
decline throughout the country? As compared to 38 countries around the
world the United States ranks 19th in Mathematics Achievement Scores,
according to a 1999 Trends in International Mathematics and Science
Study. I am particularly concerned about this decline in our students'
performance in my home state of Arkansas. We need fresh ideas and new
approaches to turn this situation around. So, I was very interested to
learn of a recent study in Northwest Arkansas showed that nature
education can be a very powerful tool for helping to address this
problem.
Mrs. LINCOLN. What we are talking about here is stimulating the minds
of children and fostering their aspirations to become our next great
scientists and engineers. The education investments we make now can
lead our country to the discovery of the next vital scientific finding,
invention or cure. This is an opportunity to inspire our children to
strive for greatness in science and mathematics and to harvest their
creativity, curiosity and knowledge so they may one day help their
fellow man and society at large.
Mr. BURNS. I am aware of the serious problem regarding the decline in
our children's math and science scores and I am intrigued by the idea
that we might address this problem through nature education.
Mr. DORGAN. Let me add to the chairman's remarks that I, too, am
interested in investing in programs that support math and science.
Mr. PRYOR. I appreciate the comments from the distinguished Chairman
and Ranking Member and I would like to call to their attention other
benefits associated with the Little Rock Audubon Nature Center which
would benefit underserved minority communities. In fact, the nature
center is located in a former federal housing site for African American
veterans from World War II, which has been closed for years. The center
is located in the Granite Mountain community in my home state of
Arkansas that lies within the boundary of a Federal empowerment zone
and would serve, in particular, the minority community and school
children of southeast Little Rock.
Mr. DORGAN. So this project would not only help to improve math and
science scores for all children but in particular help to assist
underserved communities? What other benefits would it provide?
Mr. PRYOR. The Nature Center also would provide access to a beautiful
450 acre park that is currently unavailable to the citizens of Arkansas
due to inadequate city funds. This park represents one of the most
unique natural areas in Southeast Arkansas because of its incredible
biodiversity and a globally significant geological formation, making
this site both ecologically important and of great educational value.
Mr. DORGAN. I agree that this sounds like a very worthwhile project.
What Federal appropriation would be necessary to begin work on it?
Mr. PRYOR. I am seeking $1.2 million which could be phased in over a
multi-year programming plan with a private fund match. I want to point
out the Audubon Society's great success in my home state of Arkansas in
leveraging private funding to match federal outlays for conservation
projects. For example, the Audubon Society successfully restored
thousands of acres of Fourche Creek by leveraging private funds to
match federal dollars at a ratio of more than 2-to-1. The track record
has been established and the private community has made its pledge to
allow this Federal

[[Page S11821]]

appropriation to be a catalyst for private additional investment in
this worthwhile project.
Mr. DORGAN. I appreciate this thorough report about the benefits of
the Little Rock Audubon Nature Center.
Mr. BURNS. Yes, I thank the Senators for the clarification. There is
more to this project than suggested by its name and I hope that we
might give your request every possible consideration.
Mr. PRYOR. I appreciate those remarks. I am making a personal request
that the Senate give this project the initial funding needed to help it
become a reality for the children of Arkansas. I thank the Senators for
assistance in this matter.

fossil energy research

Mr. SPECTER. Mr. President, I seek recognition to engage in a short
colloquy with the distinguished Chairman of the Appropriations
Subcommittee on the Interior, Senator Burns. The matter is of great
importance to my constituent, Air Products and Chemicals of Allentown,
PA, and involves two programs in the Fossil Energy Research and
Development section of the Interior Appropriations bill.
Mr. BURNS. I am glad to discuss this with my colleague.
Mr. SPECTER. Air Products and its partners, including the Department
of Energy, are developing a unique, oxygen-producing technology to use
in producing oxygen and electric power for the utility, iron/steel,
nonferrous metals, glass, pulp and paper, cogeneration, and chemicals
and refining industries. This project, ITM Oxygen, is a cornerstone
project in the Department of Energy's Vision-21 Program that has the
potential to significantly reduce the cost of tonnage oxygen plants for
Integrated Gasification Combined Cycle, IGCC, systems. The ITM Oxygen
program is entering its final three funding years during which Air
Products and its partners plan to demonstrate and test this unique
technology with a pilot unit at a suitable field site. Air Products and
the Department of Energy are sharing the cost of this program together
with each party responsible for 50 percent. Underfunding this program
in FY04 will result in slowing the technical process and schedule of
this important project, will halt crucial expansion of test platforms
for the final demonstration unit, and in the end will add approximately
$10 million more to the total program cost.
Mr. BURNS. I understand the Senator's concerns about the ITM Oxygen
program. For this reason I included language in the Committee Report
encouraging the Department of Energy to fund ITM Oxygen at a level
higher than identified in the budget request in order to keep the
program on track for completion. I hope the Department heeds this
report language and responds appropriately to avoid unnecessary program
costs for the completion of the project.
Mr. SPECTER. I thank the distinguished Chairman for recognizing the
importance of the ITM Oxygen program and look forward to working with
him and his staff to see that the Department of Energy follows the
Committee's intentions.
Another project Air Products is involved in with the Department of
Energy is the ITM Syngas project, the purpose of which is to develop
and demonstrate a ceramic membrane reactor able to separate oxygen from
air in a way that produces hydrogen for use in centralized power
generation or with regional distribution for fuel cell applications.
This technology also captures the carbon dioxide in the process leading
to reduced greenhouse gas emissions, a goal we should all support. The
bill includes increases in the Transportation fuels section for syngas
membrane technology. I would like to ask the Chairman if part of this
increase is intended to be used to fully fund the Air Products ITM
Syngas project.
Mr. BURNS. In drafting the Senate Interior Appropriations bill, my
staff and I consulted with the Department of Energy to ensure the
amount provided in the bill would fully support the fiscal year needs
of the ITM syngas membrane technology the Senator just described.
Mr. SPECTER. I appreciate the opportunity to discuss these important
items with the Chairman today and thank him for his attention to these
crucial fossil energy research and development projects.

fetal alcohol syndrome

Mrs. MURRAY. I would like to enter into a coloquy with Chairman Burns
and Senator Dorgan. The Indian Health Service and the University of
Washington have been conducting research into Fetal Alcohol Syndrome
with funds provided in the Interior Appropriations bill. I want to
thank the Chairman and Senator Dorgan for the Subcommittee's continued
support for these research efforts. I hope to work with the Senators in
conference related to this on-going research.
Mr. BURNS. I appreciate my colleague's interest in the fetal alcohol
syndrome research being conducted by the Indian Health Service and the
University of Washington. I look forward to working with my colleague
on the continued funding for these research efforts.
Mr. DORGAN. Fetal Alcohol Syndrome is one of the most pressing health
issues facing Native Americans and I am committed to helping advance
our research efforts in this field.
Mrs. MURRAY. I thank Chairman Burns and Senator Dorgan.

USGS binational groundwater study

Mr. BINGAMAN. Mr. President, I have filed an amendment to S. 1391
that would allocate $950,000 from the United States Geological
Survey's, USGS, Ground-Water Resources Program to initiate a United
States-Mexico binational groundwater study of transboundary aquifers.
The parameters of this study have been developed by the USGS in
cooperation with the Water Resources Research Institutes in Texas, New
Mexico, Arizona, and California, and other interested parties. It is
very important that the USGS receive funding to implement its plan.
During the past decade, the United States-Mexico border region
experienced significant economic expansion that was accompanied by
rapid population growth and urban development. It is now anticipated
that water quantity and water quality will most likely be the limiting
factors that ultimately control future economic development, population
growth, and human health in the border region. The binational program
funded by this request will be a scientific partnership between the
USGS, the border states, and several key Universities in the region. It
will systematically assess priority transboundary aquifers, and will
provide a scientific foundation and create sophisticated tools for
State and local water resource managers to address the challenges
facing them in the border region.
I have discussed the need for this amendment with the distinguished
chairman, and he has been very helpful in discussing various options to
secure funding to initiate this study. The President's budget requested
$1.0 million for USGS to begin work on a closely related United States-
Mexico Border Human Health Initiative. The House of Representatives has
provided the full amount in its version of the Interior appropriations
bill, but the Senate has only been able to provide $500,000 for this
effort. In conference, I have requested that the chairman agree to the
higher amount that the House has provided for the Border health
initiative but to direct the USGS to use the additional $500,000 to
begin the binational groundwater study. I believe this work will
address the critical need I just described while also providing
valuable data and information that is consistent with the border health
initiative.

Mr. BURNS. I appreciate that my colleague, Senator Bingaman, is
willing to forego offering his amendment and that he will work with me
to address the issue of funding the USGS to conduct the binational
groundwater study. I think this is a worthy program, and I will work
closely with my colleagues in the Senate and House of Representatives
to attempt to fully fund the border health initiative at the House
level and to specify that the increased funding above the Senate mark,
$500,000, be used to initiate the groundwater study consistent with
Senator Bingaman's suggestion.
Mr. BINGAMAN. I thank the distinguished chairman for his
consideration and his work on this important matter. I look forward to
continue working with him as the Interior appropriations bill goes to
conference.

[[Page S11822]]

e85 infrastructure

Mr. DORGAN. Mr. President, I thank the Senator from Montana, the
distinguished chairman of the Interior Appropriations Subcommittee, for
the committee's recognition of the important environmental and energy
security benefits of expanding our nation's E85 Infrastructure.
E85 is a form of alternative transportation fuel consisting of 85
percent Ethanol and 15 percent gasoline developed to address America's
air quality needs and dependence on foreign oil. Currently, there are
over 3 million E85-capable vehicles in the National Vehicle Fleet. The
use of E85 in these vehicles has the potential to reduce foreign oil
imports by 34 million barrels a year, while adding $3 billion to total
farm income and reduce greenhouse gas emissions.
In the fiscal year 2003 Interior bill, in the committee report for
the transportation sector, the committee recommended a $2 million
increase in technology deployment for the Clean Cities Program. The
report language further recognizes the work being done by the National
Ethanol Vehicle Coalition to increase E85 fueling capacity and urges
the Department of Energy to give careful consideration to proposals
that might be submitted to further this goal. My understanding, is that
the Department, consistent with this language, has awarded funds to the
NEVC and others for the continued development of E85 Infrastructure and
E85 promotion.
On page 69 of the fiscal year 2004 Interior Subcommittee report,
under weatherization and intergovernmental activities, it states:

Within the amount provided for clean cities, the department
should continue efforts to expand E85 fueling capacity.

I ask the distinguished Chairman whether I am correct in my
understanding that the committee intends that a portion of these funds
be used by the Department to continue the existing E85 Infrastructure
development initiatives that were funded in fiscal year 2003.
Mr. BURNS. That is my understanding.
Mr. DORGAN. I thank the Chairman.

Air Products and Chemicals

Mr. SPECTER. Mr. President, I seek recognition to engage in a short
colloquy with the distinguished chairman of the Appropriations
Subcommittee on the Interior, Senator Conrad Burns. The matter is of
great importance to my constituent, Air Products and Chemicals of
Allentown, PA and involves two programs in the Fossil Energy Research
and Development section of the Interior Appropriations bill.
Mr. BURNS. I am glad to discuss this with my colleague.
Mr. SPECTER. Air Products and its partners, including the Department
of Energy, are developing a unique, oxygen-producing technology to use
in producing oxygen and electric power for the utility, iron/steel,
nonferrous metals, glass, pulp and paper, cogeneration, and chemicals
and refining industries. This project, ITM Oxygen, is a cornerstone
project in the Department of Energy's Vision-21 Program that has the
potential to significantly reduce the cost of tonnage oxygen plants for
Integrated Gasification Combined Cycle, IGCC, systems. The ITM Oxygen
program is entering its final three funding years during which Air
Products and its partners plan to demonstrate and test this unique
technology with a pilot unit at a suitable field site. Air Products and
the Department of Energy are sharing the cost of this program together
with each party responsible for 50 percent. Underfunding this program
in Fiscal Year 2004 will result in slowing the technical process and
schedule of this important project, will halt crucial expansion of test
platforms for the final demonstration unit, and in the end will add
approximately $10 million more to the total program cost.
Mr. BURNS. I understand your concerns about the ITM Oxygen program.
For this reason I included language in the committee report encouraging
the Department of Energy to fund ITM Oxygen at a level higher than
identified in the budget request in order to keep the program on track
for completion. I hope the Department heeds this report language and
responds appropriately to avoid unnecessary program costs for the
completion of the project.
Mr. SPECTER. I thank the distinguished chairman for recognizing the
importance of the ITM Oxygen program and look forward to working with
him and his staff to see that the Department of Energy follows the
committee's intentions.
Another project Air Products is involved in with the Department of
Energy is the ITM Syngas project, the purpose of which is to develop
and demonstrate a ceramic membrane reactor able to separate oxygen from
air in a way that produces hydrogen for use in centralized power
generation or with regional distribution for fuel cell applications.
This technology also captures the carbon dioxide in the process leading
to reduced greenhouse gas emissions, a goal we should all support. The
bill includes increases in the Transportation fuels section for syngas
membrane technology. I would like to ask the chairman if part of this
increase is intended to be used to fully fund the Air Products ITM
Syngas project.
Mr. BURNS. In drafting the Senate Interior Appropriations bill, my
staff and I consulted with the Department of Energy to ensure the
amount provided in the bill would fully support the fiscal year needs
of the ITM syngas membrane technology you just described.
Mr. SPECTER. I appreciate the opportunity to discuss these important
items with the chairman today, and thank him for his attention to these
crucial fossil energy research and development projects.

Wind River Irrigation Project

Mr. ENZI. Mr. President, today, I rise to talk about a promise the
Federal Government made to Wyoming's Eastern Shoshone and Northern
Arapaho Tribes nearly 100 years ago. A promise my colleague from
Wyoming and I tried to fulfill this year through the appropriations
process. Unfortunately, due to confusion about the project, we came up
short-handed. As a result, I would like to take a few minutes to set
the record straight.
In 1905, the Federal Government entered into an agreement with the
Wind River Tribes to initiate and complete an irrigation project in
exchange for the opening of 1.4 million acres of land to the United
States. The Tribes lived up to their end of the bargain. The United
States, on the other hand, has not. Since 1905, the project, known as
the Wind River Irrigation Project has continually battled budgetary
shortfalls, inadequate maintenance, and bureaucratic red tape.
The history of the Project's funding is long and complex.
Construction began in the early 1900s and was funded under the Public
Works Administration Project's budget. Significant improvements were
made to the Project under this funding scheme and the Project grew to
13 main canals, 94 main laterals, 268 sub-laterals, two feeder canals
and a couple of drainage canals. However, in the 1950s, new
construction essentially stopped as Congress changed the way it funded
Indian irrigation projects. When Congress began making lump sum
appropriations to the Bureau of Indian Affairs for the Construction of
Indian Irrigation Projects in 1951, funding became even more sporadic
and unpredictable. Sometimes the system was in fair condition, but most
of the time it was in poor condition. Finally, in the 1980s, Congress
stopped appropriating all together for the construction of Indian
Irrigation projects. As a result, the only significant Federal funds
the Wind River Irrigation Project has received in nearly 20 years has
been for the rehabilitation of the Washakie Dam, which was funded using
money from the Safety in Dams program within the BIA.
Mr. BURNS. Will the Senator yield for a question?
Mr. ENZI. Yes.
Mr. BURNS. When my Subcomittee on Interior Appropriations reviewed
your request for $3.4 million for the Wind River Irrigation Project,
there was some question as to whether or not the BIA is ``legally
obligated'' to maintain this system. Has the Senator been able to find
out what the BIA's responsibilities are?
Mr. ENZI. It is my understanding that the BIA owns and operates this
system and has been responsible for the collection of the operation and
management fees since the project was authorized in 1905.
Mr. THOMAS. Would my fellow Senator from Wyoming yield?
Mr. ENZI. Yes.

[[Page S11823]]

Mr. THOMAS. It is also my understanding that the BIA assessed the
need for repairs on several occasions, including a 1968 Completion
Report that found 74 percent of the irrigation structures and 61
percent of the canals needed serious rehabilitation at a cost of $6.6
million in 1968 dollars or approximately $26.0 million in 1993 dollars.
Furthermore, since the BIA's 1968 Completion Report, several
additional studies have been conducted, specifically one in 1988 which
indicates that $50 million would be needed to completely rehabilitate
the Wind River Irrigation system. The most recent study completed in
1994 cited that over 60 percent, or 1200 structures need repair or
replacement, and 45 percent, or 190 miles of canals and laterals need
repair or reconstruction. Due to the Project's current configuration,
it has only 66 acres of irrigated land per mile of canal. In
comparison, Midvale Irrigation District, which lies adjacent to the
Wind River Reservation, has over 160 acres per mile of canal.
Mr. ENZI. Is the Senator aware that as a general guideline, the
Bureau of Reclamation suggests that irrigation projects in the region
need at least 140 acres of irrigated land per mile of canal to be
economically self sufficient? No wonder the Wind River Irrigation
Project has been forced into a state of disrepair. It is pretty
difficult to collect enough user fees to maintain a system when it is
only serving 55 acres of irrigated land per mile of canal.
Mr. THOMAS. My colleague is exactly right. This situation has
resulted in a critical shortage of financial resources to maintain
Project facilities, causing less efficient use of water, progressively
deteriorating crop quality, and an increase in the proportion of income
water users' pay in fee assessments.
This lack of resources should not continue in the Wind River Basin,
or catastrophic events like major floods from dam failure and/or severe
droughts could occur. The Wind River Irrigation Project needs
rehabilitation. The water users in the area--folks who have been hit
hard by region's drought--cannot continue to operate their ranches and
farms without addressing the root of the problem. The Wind River
Irrigation Project is the source of water problems on the Reservation.
It affects Indians and non-Indians, and it is recognized by the State
of Wyoming as the most critical agricultural and economic issue facing
residents on and near the Reservation.
Mr. ENZI. We are both from the great State of Wyoming and I am
extremely encouraged by the leadership our State government has shown
in helping to address the water problems on the Reservation. We both
received letters from our Governor, the Director of the Wyoming Water
Development Commission, county commissioners from that area and three
State legislators in full support of the project. We have also heard
from the Mayor of Riverton, which sits adjacent to the Wind River
Reservation, and the three surrounding irrigation districts. While the
vocal support is helpful, I am even more encouraged by the State's
willingness to put its money where its mouth is.
Mr. THOMAS. My colleague is correct. I would also like to add that
during Wyoming's last legislative session, the Wyoming legislature and
the Wyoming Water Development Commission worked closely with the Wind
River Tribes to develop and pass legislation that will enable the
Tribes to act as sponsors of water development projects through the
Wyoming Water Development Program. According to the Director of the
Wyoming Water Commission, funding for the Wyoming Water Development
Program is appropriated annually by the legislature for specific
projects, like rehabilitating certain parts of the Wind River
Irrigation Project. Unfortunately, the State does not have the
financial means or the desire to fund a federally owned and operated
system by itself. However, this cooperation highlights that Federal
dollars spent on the Wind River Irrigation Project would go a long way
towards not only its rehabilitation, but would also encourage the State
of Wyoming to become more involved in addressing the water needs of
that area.
Mr. BURNS. Senator, we included language in the Interior Subcommittee
Report that required the BIA, if legally responsible, to formulate a
plan to address the rehabilitation cost no later than 120 days after
the Interior Appropriations bill is enacted. Do you believe the BIA has
clarified its legal obligation?
Mr. ENZI. I thank the Senator for the question and yes, according to
information provided by the Department of the Interior, the Bureau of
Indian Affairs owns the system. Although a portion is managed by the
Tribes under a 638 contract, the BIA clearly owns and operates the Wind
River Irrigation Project.
That is why it is so critical that the Federal Government step up and
help fulfill this promise to the Tribes on the Wind River Reservation.
Rehabilitating the Wind River Irrigation Project is the only way
farmers, ranchers and other land users can produce their commodities.
Furthermore, unless we improve the system so that it is a reliable
water source, the Tribes cannot attract new and diverse businesses.
Without funds to fix this problem, the Reservation cannot move into the
21st century successfully.
Mr. BURNS. I appreciate the interest my colleagues have shown in the
Bureau of Indian Affairs' irrigation program. As I have discussed with
them in the past, I have similar problems in my own home state of
Montana and hope to address them in the near future. Insufficient fee
collections and mismanagement have taken their toll on the irrigation
systems and both tribal and non-tribal members are now having their
livelihoods placed at risk. Unfortunately, within the current
Subcommittee allocation we can not even begin to tackle the problem
with the current funding levels. I invite my colleagues to work with me
in next year's budget process to reform this program and work to
provide additional funding specifically for Bureau of Indian Affairs
irrigation projects so the Subcommittee on Interior Appropriations has
the opportunity to begin addressing the problem.
Mr. ENZI. We will have to find a way to fund the Wind River
Irrigation Project and other similar Indian Irrigation projects in the
future. I hope we can work with our colleagues on the Budget Committee
and Appropriations Committee next year to address the critical
shortfall in funding and the lack of planning to address these problems
within the BIA.

private landowner's incentive program

Mr. ENZI. Mr. President, I thank my colleague from Montana, the
distinguished chairman of the Senate Interior appropriations
subcommittee, for his leadership in bringing this important spending
bill to the floor and for helping us establish the spending priorities
for our Nation's public lands. Wyoming is greatly impacted by this bill
and Senator Burns' leadership is very much appreciated. Because of this
tremendous impact on Wyoming, I would like to ask my colleague if he
would join me in a colloquy to discuss one of the programs that is
funded in his bill. Specifically, I would like to discuss the
Department of the Interior's Private Landowner's Incentive Program and
its potential impact on land management planning on private lands
within the U.S. Forest Service's Thunder Basin National Grasslands.
Mr. BURNS. I would be glad to join my colleague from Wyoming in a
discussion about this program. The Senate Interior appropriations bill
is proposing to fund this program at $40 million and should provide
States and private landowners some of the dollars they need to protect
and restore habitats on private lands, to benefit federally listed,
proposed or candidate species or other species determined to be at-
risk, and it provides technical and financial assistance to private
landowners for habitat protection and restoration. I agree with my
colleague from Wyoming that this is an important program for the West,
and, if it is implemented properly, it should help States like Wyoming
and Montana to maximize local habitat restoration efforts by allowing
them to target dollars where they are needed most.
Mr. ENZI. I would like to share one example of an effort in Wyoming
that has already benefited from this program and which I feel could
greatly benefit in the future from its continued participation. Three
years ago I met with officials from the Thunder Basin National
Grasslands Landowners Association, the Department of the Interior and
the U.S. Department of Agriculture to discuss the role that private

[[Page S11824]]

landowners could play in developing land management plans on western
national grasslands. The Landowners Association presented a
revolutionary proposal to combine the talent and resources of all local
landowners to develop an ecosystem assessment and to enter into a
series of ecosystem management strategy and conservation agreements
with the Forest Service and the U.S. Fish and Wildlife Service that
would integrate a comprehensive, multi-species land management proposal
for more than 260,000 acres of Federal and private lands within the
U.S. Forest Service's Thunder Basin National Grasslands. Their proposal
was to first establish a scientific baseline where they catalogued what
was on the land and what species existed. Then they proposed to use
that baseline to make ecosystem-wide management decisions that would
make the land as a whole more vibrant and more sustainable for a number
of species including the black-tailed prairie dog, the black footed
ferret, and the sage grouse. What they would not do was make management
plans based on the presence or absence of any one specific species or
to pit different species' habitat requirements against each other.
Their goal was to make the land healthier as a whole so that all
species would be better off.
As a result of their efforts the Department of the Interior was able
to provide an initial grant to the association through the Landowner's
Incentive Program of $150,000 that allowed them to assemble an advisory
committee made up of national grasslands experts that has helped them
develop scientific research and monitoring protocols that are now being
used to establish baseline information on area wildlife and ecosystem
concerns. In fiscal year 2003, we funded this program at $175,000 which
allowed the association to continue its monitoring efforts and to host
a symposium in Wyoming on cooperative land use efforts. I would like to
see this group funded again in fiscal year 2004 at a minimum of
$175,000 to ensure that their efforts have not been wasted.
I would like to ask my colleague if he has any thoughts on whether or
not we should continue funding this program.
Mr. BURNS. I agree with my colleague that this appears to be a worthy
project whose goals of habitat protection and species restoration are
consistent with the expressed goals of the Private Landowner's
Incentive Program. I believe this is the kind of innovative effort that
should be considered for funding by the Department of the Interior and
I encourage them to apply for a competitive grant through the LIP
program.
Mr. ENZI. I thank my colleague for his thoughts and once again
express my appreciation for his leadership in these important issues. I
thank the Chair for the opportunity to discuss this program.

Rebuild America

Mr. LEAHY. Mr. President, I rise to engage the chairman and Senator
Dorgan in a colloquy concerning the Rebuild America Program at the
Department of Energy. The events of August have dramatically shown all
of us that we need to take immediate steps to increase the reliability
of our electricity grid. In Vermont, we came very close to being swept
up in the blackout cascade. Our transmission grid is under increasing
demand pressure. Although there are several proposals to upgrade the
transmission grid, everyone recognizes that the only action we can take
immediately is energy conservation. This is why I strongly support the
Rebuild America Program to help bring emerging technologies to our
States to improve energy efficiency in buildings. I would like to work
with the chairman and Senator Dorgan to increase funding for this
program to bring it closer to the Fiscal Year 2003 level.
Mr. BURNS. I thank the Senator from Vermont and also recognize that
Rebuild America can help alleviate the pressure on our transmission
grid in the near term. The Department's budget request indicates that
every dollar the taxpayer invests in this program gets a return of
about $10 in benefits. The program focuses on our schools, hospitals,
small communities, and small businesses. It successfully enables the
upgrading of millions of square feet per year. I will work with
Senators Leahy and Dorgan to improve funding for this program in
conference with the House.
Mr. LEAHY. I thank the chairman and Senator Dorgan. With the events
of last month, Vermonters and people across the country need the
information and outreach that this program provides. I strongly urge
the chairman to use the conference to return this program to a level
approaching its Fiscal Year 2003 funding of $12.7 million.

zero energy buildings

Mr. REID. Mr. President, as the ranking member of the Energy and
Water Development Committee and a member of the Interior Committee, I
rise to express my support for the Zero Energy Buildings program. As a
result of the administration's reorganization of the Energy Efficiency
and Renewable Energy account, this program was shifted from the solar
technologies account to the buildings account. Yet, the administration
requested $4 million to fund this program from the Energy and Water
Bill--a position that both the House and Senate subcommittees did not
support.
This awkward funding situation, if not fixed, will cause us to lose
momentum on this important program. Solar initiatives are generally
funded from the Energy and Water development bill. Building initiatives
are generally funded from Interior. It is my intention to work to
restore funding for this program in a manner acceptable to both
subcommittees.
ZEB boasts some major achievements given its relative youth. The
United States Department of Energy, teaming with homebuilders, energy
efficiency professionals, and the renewables industry--primarily the
solar industry--are responsible for the creation of the next generation
of homes. These homes are more energy efficient than ever and self-
generate to the point where their progeny are expected to reach net
zero energy consumption. We need these homes to proliferate so that we
can enjoy increased national security through a reduction in imported
fuels; a cleaner environment; a more reliable grid; and as important as
any element, cheaper and more predictable energy costs for American
homeowners and small businesses.
Several of the largest homebuilders in the United States now
participate in this program, including: Pulte Homes, Centex Homes, Shea
Homes, Pardee/Weyerhauser, Morrison Homes, and Mercedes Homes. Many of
these have sent letters of support for the program, and it is my
understanding that about one dozen additional homebuilders are planning
to join with DOE on this program.
The Solar Decathlon held on the Mall in Washington, DC last year,
which attracted over 100,000 visitors, featured Zero Energy Homes
constructed by university teams from across the United States.
I am proud to say that a Zero Energy Home is now under construction
in Las Vegas and will serve as the ``show home'' for next year's
International Builders Show hosted by NAHB, which is expected to be
attended by more than 90,000 building industry representatives.
In a strong endorsement letter of the program, Michael Luzier,
president of the NAHB Research Center, states:

I urge you to find funds within DOE's budget so the Zero
Energy Home program continuity will not be lost. To lose the
momentum toward energy independence that this program has
created within the home building industry would be a shame. I
fear that without funding in FY '04, we will lose the
interest of builders we have been working with and the
progress in home energy efficiency we all support.

For all of the above reasons, I request the chairman's assistance in
working with the Energy and Water Development Subcommittee to find
funding for this program in a way that compliments and does not harm
other worthy efforts.
Mr. BURNS. I agree that the Zero Energy Buildings program is worthy
of support, and I pledge to assist in efforts to provide appropriate
funding.

Amendment No. 1725, as Modified

Mr. FEINGOLD. Mr. President, the amendment that I am offering today
would provide sufficient funding from the underlying bill to enable the
Secretary of the Interior to submit to Congress a report on the amount
of goods acquired by that Department in fiscal year 2004 that were made
overseas.

[[Page S11825]]

I want to thank the chairman and the ranking member of the
subcommittee for working with me to include this important provision in
the bill.
My amendment requires that this report include the following
information: (a) the dollar value of any articles, materials, or
supplies purchased that are manufactured outside of the United States;
(b) an itemized list of all waivers of the Buy American Act granted
with respect to such articles, materials, or supplies, and (c) a
summary of total procurement funds spent on goods manufactured in the
United States versus funds spent on goods manufactured outside of the
United States.
The amendment also requires that these reports should be made
publicly available on the Internet.
Current law requires that only the Department of Defense report
annually on its use of waivers of domestic procurement laws. Earlier
this year, I introduced legislation to strengthen the Buy American Act
of 1933, the statute that governs procurement by the Federal
Government. The name of the act accurately and succinctly describes its
purpose: to ensure that the Federal Government supports domestic
companies and domestic workers by buying American-made goods. One part
of my bill would require that all Federal Departments and Agencies
submit the annual reports that are currently required only of the
Pentagon. The amendment that I am offering today is based on that
provision in my bill. Recently, the Senate adopted a similar amendment
that I offered to the fiscal year 2004 Labor-HHS-Education and energy
and water appropriations bills.
The Buy American Act requires that the Federal Government support
domestic businesses and domestic workers by buying American-made goods.
The underlying bill expresses the sense of the Senate that goods and
equipment purchased with the funds included in this bill should be
American-made.
It only makes sense that Federal Departments and Agencies be required
to report to Congress on their compliance with Federal law and with
congressional intent regarding this important matter.
The Department of Labor reported recently that the United States
economy lost 93,000 jobs in the month of August, including 44,000
manufacturing jobs. The stagnant economy and continued loss of high-
paying manufacturing jobs underscore the need for the Federal
Government to support American workers and businesses by buying
American-made goods.
Again, I thank the chairman and ranking member of the subcommittee
for agreeing to accept my amendment.
Mr. LAUTENBERG. Mr. President, I rise today to speak about a
disturbing shift in our country's historic support for programs that
protect our wildlife refuges, forests and other open spaces.
Particularly, the Land and Water Conservation Fund, LWCF.
The Bush administration's 2004 funding request represents a
significant decrease in support for land acquisition.
Yet this direction is the opposite of what then Governor Bush
promised during his 2000 campaign.
Governor Bush issued a campaign paper on September 13, 2000, that
promised to fully fund the Land and Water Conservation Fund at $900
million.
The fund has been enormously effective over the years and is funded,
not by taxpayers but from a portion of fees from oil and gas receipts
which Congress committed in 1965.
Yet despite the President's pledge, 1 year later the Administration
diverted $456 million of that fund to other purposes.
According to the Congressional Research Service, for Fiscal Year
2004, the administration has proposed to decrease Federal land
acquisition funding to $128 million below the FY2003 funding level,
which will more than offset proposed increases in State grants.
I want to commend by colleagues on the Interior Appropriations
Subcommittee who have worked very hard under difficult budgetary
conditions to develop the best bill they could.
But the President is playing a funding ``shell game.'' While he
claims to support conservation funding, he once again proposes to use
$246 million of the LWCF to pay for non-conservation programs.
Only by counting as many as 15 other programs in its annual budget
request programs NOT authorized for LWCF funding under the original
1965 law does the President's budget make it appear that the LWCF is
well-funded.
Turning his back on campaign promises aside, the President's budget
would actually cut the fund's core Federal land acquisition programs by
40 percent from FY03 levels, and fully 60 percent below the authorized
level of $900 million for both the Federal and stateside portions!
This direction reverses years of progress in increasing the funding
we need to protect our dwindling natural resources. And unfortunately,
the funding levels approved by the House are even more abysmal.
Today, there is a $10 billion backlog in needed Federal acquisitions,
and billions of dollars in unmet needs at the State and local levels.
This is certainly contrary to the spirit of another Republican
president, Theodore Roosevelt, who during his time in the White House
had the vision to protect 230 million acres of land.
Today, those lands are enjoyed by hikers, vacationing families,
hunters, and many others.
Between 1999 and 2000, the Clinton administration increased funding
for the LWCF by 35 percent. President Clinton understood how vital
these programs are to preserving our American heritage.
This year the U.S. Forest Service reported that even with all of our
land conservation programs, in one decade between 1990 and 2000--our
Nation's urban and suburban areas grew in size by an astonishing 25
percent!
This growth has been at the cost of lost forest and farmland all
across the Nation and it poses a significant threat to the integrity of
these valuable lands.
Forest lands that are intact supply timber products, wildlife
habitat, soil and watershed protection, and recreation. But when these
areas fragment and disappear, so do the benefits they provide.
Many local governments work hard to guide development away from the
most sensitive areas through zoning and other measures.
But in New Jersey, and many other States, these measures are simply
not enough to fully protect our forests and open spaces.
New Jersey is the most densely populated State in the Nation and we
understand that over-development endangers our water supplies and
places severe pressure on all our environmental amenities.
Forest Legacy and the Land to Parks Program are examples of the
Federal Government at its best--working in partnership with States and
local governments to protect environmentally sensitive lands.
These programs are entirely voluntary. No landowner is required or
pressured to participate.
Forest Legacy encourages the protection of privately owned forest
lands and helps States develop and carry out their own forest
conservation plans.
Aldo Leopold said, ``Our remnants of wilderness will yield bigger
values to the Nation's character and health than they will to its
pocketbook, and to destroy them will be to admit that the latter are
the only values that interest us.''
I don't believe that is true for Americans, and I don't believe that
is true for my colleagues in this body.
I urge my colleagues in the Senate and especially those who will
represent this body in the conference committee to support the highest
levels possible for our land acquisition programs.
Mr. NICKLES. Mr. President, I rise in support of S. 1391, the FY 2004
Interior and Related Agencies Appropriations Bill, as reported by the
Senate Committee on Appropriations.
I commend the distinguished Chairman and the Ranking Member for
bringing the Senate a carefully crafted spending bill within the
Subcommittee's 302(b) allocation and consistent with the discretionary
spending cap for 2004.
The pending bill provides $19.6 billion in discretionary budget
authority and $19.4 billion in discretionary outlays in FY 2004 for the
Department of the Interior, the Forest Service, Energy conservation and
research, the Smithsonian and the National Endowment for the Arts, and
National Endowment for Humanities.
The bill is at the Subcommittee's 302(b) allocation for budget
authority

[[Page S11826]]

and $4 million in outlays below the 302(b) allocation. The bill
provides $155 million or .8 percent more in discretionary budget
authority and $1.0 billion or 5.6 percent more in discretionary outlays
than last year's bill. The bill provides $72 million more in
discretionary budget authority and $93 million more in discretionary
outlays than the President's budget request.
Mr. President, I ask unanimous consent that a table displaying the
Budget Committee scoring of the bill be inserted in the Record. I urge
the adoption of the bill.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1391, INTERIOR APPROPRIATIONS, 2004--SPENDING COMPARISONS--SENATE-
REPORTED BILL
[Fiscal year 2004, $ millions]
------------------------------------------------------------------------
General
purpose Mandatory Total
------------------------------------------------------------------------
Senate-reported bill:
Budget authority................ 19,627 64 19,691
Outlays......................... 19,359 70 19,429
Senate Committee allocation:
Budget authority................ 19,627 64 19,691
Outlays......................... 19,363 70 19,433
2003 level:
Budget authority................ 19,472 64 19,536
Outlays......................... 18,340 73 18,413
President's request:
Budget authority................ 19,555 64 19,619
Outlays......................... 19,266 70 19,336
House-passed bill:
Budget authority................ 19,627 64 19,691
Outlays......................... 19,393 70 19,463
Senate Reported bill compared to:
Senate 302(b) allocation:
Budget authority............ .......... .......... ..........
Outlays..................... (4) .......... (4)
2003 level:
Budget authority............ 155 .......... 155
Outlays..................... 1,019 (3) 1,016
President's request:
Budget authority............ 72 .......... 72
Outlays..................... 93 .......... 93
House-passed bill:
Budget authority............ .......... .......... ..........
Outlays..................... (34) .......... (34)
------------------------------------------------------------------------
Note: Details may not add to totals due to rounding. Totals adjusted for
consistency with scorekeeping conventions.

Mr. BURNS. I ask unanimous consent that the Interior appropriations
bill move to third reading.
The PRESIDING OFFICER. Without objection, it is so ordered.
If there are no further amendments, the question is on the
engrossment of the amendments and third reading of the bill.
The amendments were ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
Mr. BURNS. I ask unanimous consent that the bill be considered and
agreed to.
The PRESIDING OFFICER. The question is on agreeing to the passage of
the bill, as amended.
The bill (H.R. 2691), as amended, was agreed to.
Mr. BURNS. I move to reconsider the vote.
Mr. DORGAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BURNS. Again, I thank my good friend from North Dakota. We worked
very closely on this bill. I think we set a record. Actually, we
started last Thursday and everyone shuffled out of town for some reason
or other--Isabel or something. But we actually have only worked on this
bill--this is Tuesday--we did not have votes yesterday and we got some
work done.
I appreciate the Senator's contribution to this bill. His staff has
been very good.
I ask unanimous consent that the Senate insist on the amendments,
request a conference with the House, and the Chair be authorized to
appoint conferees on the part of the Senate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Presiding Officer (Mr. Talent) appointed Mr. Burns, Mr. Stevens,
Mr. Cochran, Mr. Domenici, Mr. Bennett, Mr. Gregg, Mr. Campbell, Mr.
Brownback, Mr. Dorgan, Mr. Byrd, Mr. Leahy, Mr. Hollings, Mr. Reid,
Mrs. Feinstein, and Ms. Mikulski conferees on the part of the Senate.
Mr. BURNS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BURNS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________