Floor Statements

Mr. President, I rise today with my distinguished colleague Senator Bennett to introduce the Indian School Bus Route Safety Reauthorization Act of 2005. This bill continues an important Federal program begun in 1998 that addresses a unique problem with the roads in and around the Nation's single largest Indian reservation and the neighboring counties. Through this program, Navajo children who had been prevented from getting to school by roads that were often impassable are now traveling safely to and from their schools. Because of the unusual nature of this situation, I believe it must continue to be addressed at the Federal level.

I'd like to begin with some statistics on this unique problem and why I believe a Federal solution continues to be necessary. The Navajo Nation is by far the nation's largest Indian Reservation, covering 25,000 square miles. Portions of the Navajo Nation are in three States: Arizona, New Mexico, and Utah. No other reservation comes anywhere close to the size of Navajo. To give you an idea of its size, the State of West Virginia is about 24,000 square miles. In fact, 10 States are smaller in size than the Navajo reservation.

According to the Bureau of Indian Affairs, about 9,800 miles of public roads serve the Navajo nation. Only about one-fifth of these roads are paved. The remaining 7,600 miles, seventy-eight percent, are dirt roads. Every day school buses use nearly all of these roads to transport Navajo children to and from school.

About 6,400 miles of the roads on the Navajo reservation are BIA roads, and about 2,500 miles are State and county roads. All public roads within, adjacent to, or leading to the reservation, including BIA, State, and county roads are considered part of the Federal Indian Reservation Road System. However, only BIA roads are eligible for Federal maintenance funding from BIA. Moreover, construction funding and improvement funding from the Federal Lands Highways Program in TEA- 21 is generally applied only to BIA or tribal roads. Thus, the States and counties are responsible for maintenance and improvement of their 2,500 miles of roads that serve the reservation.

The counties in the three States that include the Navajo reservation are simply not in a position to maintain all of the roads on the reservation that carry children to and from school. Nearly all of the land area in these counties is under Federal or tribal jurisdiction.

For example, in my State of New Mexico, three-quarters of McKinley County is either tribal or federal land, including BLM, Forest Service, and military land. The Indian land area alone comprises 61 percent of McKinley County. Consequently, the county can draw upon only a very limited tax base as a source of revenue for maintenance purposes. Of the nearly 600 miles of county-maintained roads in McKinley County, 512 miles serve Indian land.

In San Juan County, UT, the Navajo Nation comprises 40 percent of the land area. The county maintains 611 miles of roads on the Navajo Nation. Of these, 357 miles are dirt, 164 miles are gravel and only 90 miles are paved. On the reservation, the county has three high schools, two elementary schools, two BIA boarding schools and four pre-schools.

The situation is similar in neighboring San Juan County, NM, and Apache, Navajo, and Coconino Counties, AZ. In light of the counties' limited resources, I do believe the Federal Government is asking the States and counties to bear too large a burden for road maintenance in this unique situation.

Families living in and around the reservation are no different from families anywhere else; their children are entitled to the same opportunity to get to school safely and to get a good education. However, the many miles of unpaved and deficient roads on the reservation are frequently impassable, especially when they are wet, muddy or snowy. If the school buses don't get through, the kids simply cannot get to school.

These children are literally being left behind.

Because of the vast size of the Navajo reservation, the cost of maintaining the county roads used by the school buses is more than the counties can bear without federal assistance. I believe it is essential that the Federal Government help these counties deal with this one-of- a-kind situation.

In response to this unique situation, in 1998 Congress began providing direct annual funding to the counties that contain the Navajo reservation to help ensure that children on the reservation can get to and from their public schools. The funding was included at my request in section 1214(d) of TEA-21. Under this provision, $1.5 million was made available each year to be shared equally among the three States. The funding is provided directly to the counties in Arizona, New Mexico, and Utah that contain the Navajo reservation. I want to be very clear: these Federal funds can be used only on roads that are located within or that lead to the reservation, that are on the State or county maintenance system, and that are used by school buses.

This program has been very successful. For the last six years, the counties have used the annual funding to help maintain the routes used by school buses to carry children to school and to Headstart programs. I had an opportunity in 1998 to see first hand the importance of this funding when I rode in a school bus over some of the roads that are maintained using funds from this program.

The bill I am introducing today provides a simple 6-year reauthorization of that program, for fiscal years 2005 through 2010, with a modest increase in the annual funding to allow for inflation and for additional roads to be maintained in each of the three States. The text of the bill is identical to that passed last year by the full Senate in H.R. 3550, the SAFETEA bill.

I believe that continuing this program for six more years is fully justified because of the vast area of the Navajo reservation--by far the Nation's largest--and the unique nature of this need that only the Federal Government can deal with effectively.

I don't believe any child wanting to get to and from school should have to risk or tolerate unsafe roads. Kids today, particularly in rural and remote areas, face enough barriers to getting a good education. The Senate already passed this legislation last year. I ask all Senators to join me again this year in assuring that Navajo schoolchildren at least have a chance to get to school safely and get an education.

I am pleased that Congressmen Tom Udall of New Mexcio, Rick Renzi of Arizona, and James David Matheson of Utah are introducing a companion bill today in the House. I look forward to working with them this year and with the Chairman of the Environment and Public Works Committee, Senator Inhofe, and Senator Jeffords, the ranking member, to incorporate this legislation once again into the comprehensive 6-year reauthorization of the surface transportation bill.

I ask unanimous consent that text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation that will enhance the future economic vitality of communities in Otero, Lincoln, Torrance, Guadalupe, and Quay Counties.

The purpose of this legislation is to focus attention on the need to upgrade U.S. Highway 54 to four lanes. I believe improving the transportation infrastructure will help attract good jobs to South, Central, and Eastern New Mexico.

I am honored to have my good friend and colleague, Senator Roberts, as the lead cosponsor of the bill. I am also pleased to have Senators Inhofe as an original cosponsor. In addition, Representatives Udall (NM), Lucas, and Pearce are introducing this bill today on the House side.

Our bill designates U.S. Highway 54 from the border with Mexico at the Bridge of the Americas in El Paso, TX, through New Mexico, and Oklahoma to Wichita, KS, as the Southwest Passage Initiative for Regional and Interstate Transportation, or SPIRIT, corridor. Congress has already included Highway 54 as part of the National Highway System. This bill adds the SPIRIT Corridor to Congress's list of High Priority Corridors on the National Highway System.

About half of the 700-mile-long SPIRIT corridor is in New Mexico and another 200 miles of it are in Kansas. Our goal in asking Congress to designate SPIRIT as a High Priority Corridor on the National Highway System is to help focus attention on the need for a complete four-lane upgrade of the route from El Paso to Wichita. When completed, the route will link rural areas in the four States to major market centers.

I continue to believe strongly in the importance of highway infrastructure for economic development in my state. Even in this age of the new economy and high-speed digital communications, roads continue to link our communities together and to carry the commercial goods and products our citizens need. Safe and efficient highways are especially important to citizens in the rural parts of New Mexico.

It is well known that regions with four-lane highways more readily attract out-of-state visitors and new jobs. Truck drivers and the traveling public prefer the safety of a four-lane divided highway.

In New Mexico, U.S. 54 is a fairly level route, bypassing New Mexico's major mountain ranges. The route also traverses some of New Mexico's most dramatic scenery, including three of the state's popular Scenic Byways. One is the Mesalands Scenic Byway in Guadalupe, San Miguel and Quay Counties, incorporating the beautiful tablelands known as El Llano Estacado. Another is the State's newest byway, La Frontera de Llano, which follows highway 39 from Logan to Abbott in Harding County, including the spectacular Canadian River Canyon and the Kiowa National Grasslands. The third byway is the historic Route 66, which crosses Highway 54 from Santa Rosa to Tucumcari.

The SPIRIT corridor passes through Alamogordo, home of the New Mexico Museum of Space History and gateway to the stunning White Sands National Monument.

Highway 54 is also important to our Nation from the perspective of national security. The route directly serves Fort Bliss, the White Sands Missile Range, and Holloman Air Force Base. It also passes through the Nation's breadbasket as well as some of the Nation's most important oil and gas fields.

The route of the SPIRIT corridor starts at Juarez, Chihuahua, Mexico, home of one the largest concentrations of manufacturing in the border region. As a result of increased trade under NAFTA, commercial border traffic is now much higher at the border crossings in El Paso, Texas, and Santa Teresa, New Mexico. In New Mexico, truck traffic from the border has risen to over 1000 per day and is expected to triple in the next twenty years.

The SPIRIT corridor is perfectly situated to serve international trade and promote economic development along its entire route. The route provides direct connections to four major Interstate Highways: I- 10, 1-35, I-40, and 1-70. SPIRIT is also the shortest route between Chicago and El Paso shaving 137 miles off the major alternative.

Though much of U.S. 54 is currently only two lanes, traffic has been rising dramatically along the entire route since NAFTA was implemented. In New Mexico, total daily traffic levels are nearing 10,000 and are projected to rise to 30,000, with trucks making up 35 percent of the total. In Oklahoma, traffic levels are up to 6,500 per day--40 percent of which are commercial trucks. These traffic statistics clearly reflect the SPIRIT corridor's attraction to commercial and passenger drivers.

New Mexicans recognize the importance of efficient roads to economic development and safety. I have long supported my State's efforts to complete the four-lane upgrade of U.S. 54. The State Department of Transportation rates the project a high priority for New Mexico. The four-lane upgrade of the first 56-mile segment from the Texas border to Alamogordo was completed in 2002. Two more sections in New Mexico remain to be upgraded: 163 miles from Tularosa, north through Carrizozo, Corona, and Vaughn, to Santa Rosa and 50 miles from Tucumcari to the Texas border near Nara Visa in Quay County. This corridor is currently a two-lane facility with no shoulders, no passing zones and various deficient areas. The cost to four-lane these two segments is estimated at $420 million.

I am pleased Governor Richardson has set aside over $130 million as part of the New Mexico's GRIP initiative to upgrade key portions of the route between Tularosa and Santa Rosa. I am committed to working with State to secure the funding required to complete New Mexico's four-lane upgrade as soon as possible. I am pleased the other states are also moving quickly to four-lane their portion of the route.

Once the SPIRIT corridor is designated, New Mexico will have four high-priority corridors on the National Highway System. The other three are the Ports-to-Plains corridor, the Camino Real Corridor, and the East West Transamerica Corridor. These four trade corridors, as well as our close proximity to the border, strongly underscore the vital role New Mexico plays in our Nation's interstate and international transportation network.

The SPIRIT project has broad grassroots support. Most of the cities, counties, and chambers of commerce all the way from Wichita to El Paso have passed resolutions of support for the four-lane upgrade of U.S. 54 along the entire corridor.

I do believe the four-lane upgrade of Highway 54 is vital to the continued economic development for all of the communities along the SPIRIT corridor in New Mexico. I again thank Senators Roberts and Inhofe for cosponsoring the bill, and I hope all senators will join us in support of this important legislation. It is my hope that our bill can pass quickly this year or be included when the Senate again considers the reauthorization of a six-year surface transportation bill.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today with my colleagues, Senators Domenici and Cornyn, to introduce a resolution honoring the life of Yogi Bhajan. Yogi Bhajan, the chief religious and administrative authority for Sikhism in the West, died in Espanola, NM on October 6, 2004 at the age of seventy-five. Born Harbhajan Singh Puri on August 26, 1929 in Northern India, now Pakistan, he began yogic training at age 8 and was proclaimed a master of Kundalini Yoga by age 16. After the partition of India and Pakistan in 1947, his family migrated to New Delhi, India where he continued his education. After graduating from Punjab University in economics, he worked for India's Internal Revenue Service and later became head of customs at the New Delhi Airport.

Yogi Bhajan introduced thousands around the world to Sikhism, a religion that carries the message of truthful living and the fundamental unity of humanity, and reaches out to people of all backgrounds to work together for world peace. When he came to North America in 1968 he recognized that the experience sought by many young people through drugs could be alternatively achieved through Kundalini Yoga, which stimulates individual growth through breath, chanting, and meditation among other components. Breaking the centuries old tradition of secrecy surrounding Kundalini Yoga, he began teaching it publicly. Soon after, he founded the Healthy, Happy, Holy Organization, 3HO, a nonprofit private educational and scientific foundation with 300 centers in 35 countries, dedicated to improving physical well-being, deepening spiritual awareness, and offering guidance on matters of health and heart. He later founded 3HO SuperHealth, a successful drug rehabilitation program, blending ancient yogic wisdom of the east with the modern technology of the west. SuperHealth was accredited by the Joint Commission on Accreditation of Healthcare Organizations and received its highest commendation. In 1973 it distinguished itself as being in the top 10 percent of all treatment programs throughout the U.S. In 1989 Yogi Bhajan met with then President Mikhail Gorbachev and established addiction treatment programs in Russia based on the 3HO SuperHealth model. Currently a pilot project of SuperHealth is being formed by the Punjab State Government in India. He taught Yoga in Toronto and Los Angeles and finally founded a Sikh Dharma community in Espanola, New Mexico. In 1971, the president of the governing body of Sikh Temples in India gave Yogi Bhajan the title of chief religious and administrative authority for Sikhism in the Western Hemisphere. About 250,000 Sikhs now reside across the United States, including a community of about 500 families in Northern New Mexico.

Yogi Bhajan wrote 30 books and inspired 200 more through his teaching, and inspired the founding of several businesses, including Akal Security, Inc. He had an inclusive view of the world's major religions and considered all of them valid. Throughout his lifetime, he traveled the world and met with world leaders such as Pope John Paul II and the Dalai Lama to discuss world peace and religious unity. In June 1985, Yogi Bhajan established the first International Peace Prayer Day Celebration in New Mexico that still draws thousands of participants annually.

After the events of 9/11/01, Yogi Bhajan reached out to Sikhs across America, encouraging and helping them to educate their fellow citizens about Sikhs, and to work with law enforcement and community leaders to help them protect Sikh populations. His efforts have helped contribute to the opening of some major law enforcement agencies to Sikh employees, including the Los Angeles County Sheriff's Department. Yogi Bhajan established links to human rights advocates nationwide, working to make sure that the issue of Sikh identity is understood and respected. When Balbir Singh Sodhi was murdered in Phoenix 5 days after 9/11 because of his beard and turban, Yogi Bhajan worked with community and government leaders in Arizona to help raise awareness about the Sikh community there.

Yogi Bhajan is survived by his wife, Inderjit Kaur; two sons, Ranbir Singh and Kulbir Singh; a daughter, Kamaljit Kaur; and five grandchildren. He will be missed by his family, followers and his friends, and his contribution to the cause of world peace will be remembered and celebrated for generations to come.

Mr. President, I am proud to introduce the ``Ojito Wilderness Act''. This bill was passed in various forms by both the Senate and the House of Representatives in the 108th Congress. I am pleased that the senior Senator from New Mexico, Mr. Domenici, is cosponsoring this bill.

The support for this proposal truly is impressive. It has been formally endorsed by the Governor of New Mexico; the local Sandoval County Commission and the neighboring Bernalillo County Commission; the Albuquerque City Council; New Mexico House of Representatives Energy and Natural Resources Committee Chairman James Roger Madalena; the Governors of the Pueblos of Zia, Santa Ana, Santo Domingo, Cochiti, Tesuque, San Ildefonso, Pojoaque, Nambe, Santa Clara, San Juan, Sandia, Laguna, Acoma, Isleta, Picuris, and Taos; the National Congress of American Indians; the Hopi Tribe; The Wilderness Society; the New Mexico Wilderness Alliance; the Coalition for New Mexico Wilderness, on behalf of more than 375 businesses and organizations; the Rio Grande Chapter of the Sierra Club; the National Parks Conservation Association; the Albuquerque Convention and Visitors Bureau; 1000 Friends of New Mexico; and numerous individuals.

The Ojito provides a unique wilderness area that is important not only to its local stewards, but also to the nearby residents of Albuquerque and Santa Fe, as well as visitors from across the country. It is an outdoor geology laboratory, offering a spectacular and unique opportunity to view from a single location the juxtaposition of the southwestern margin of the Rocky Mountains, the Colorado Plateau, and the Rio Grande Rift, along with the volcanic necks of the Rio Puerco Fault. Its rugged terrain offers a rewarding challenge to hikers, backpackers, and photographers. It shelters ancient Puebloan ruins and an endemic endangered plant, solitude and inspiration. Designating Ojito as a wilderness area ensures that the beauty of this special place will be protected and enjoyed for years to come.

I have made a number of changes to this bill in order clarify a number of issues and to facilitate its enactment, and I hope that it will be enacted quickly.

I ask unanimous consent that the text of the bill I have introduced today be printed in Record.

Mr. President, I am proud to introduce the ``Ojito Wilderness Act''. This bill was passed in various forms by both the Senate and the House of Representatives in the 108th Congress. I am pleased that the senior Senator from New Mexico, Mr. Domenici, is cosponsoring this bill.

The support for this proposal truly is impressive. It has been formally endorsed by the Governor of New Mexico; the local Sandoval County Commission and the neighboring Bernalillo County Commission; the Albuquerque City Council; New Mexico House of Representatives Energy and Natural Resources Committee Chairman James Roger Madalena; the Governors of the Pueblos of Zia, Santa Ana, Santo Domingo, Cochiti, Tesuque, San Ildefonso, Pojoaque, Nambe, Santa Clara, San Juan, Sandia, Laguna, Acoma, Isleta, Picuris, and Taos; the National Congress of American Indians; the Hopi Tribe; The Wilderness Society; the New Mexico Wilderness Alliance; the Coalition for New Mexico Wilderness, on behalf of more than 375 businesses and organizations; the Rio Grande Chapter of the Sierra Club; the National Parks Conservation Association; the Albuquerque Convention and Visitors Bureau; 1000 Friends of New Mexico; and numerous individuals.

The Ojito provides a unique wilderness area that is important not only to its local stewards, but also to the nearby residents of Albuquerque and Santa Fe, as well as visitors from across the country. It is an outdoor geology laboratory, offering a spectacular and unique opportunity to view from a single location the juxtaposition of the southwestern margin of the Rocky Mountains, the Colorado Plateau, and the Rio Grande Rift, along with the volcanic necks of the Rio Puerco Fault. Its rugged terrain offers a rewarding challenge to hikers, backpackers, and photographers. It shelters ancient Puebloan ruins and an endemic endangered plant, solitude and inspiration. Designating Ojito as a wilderness area ensures that the beauty of this special place will be protected and enjoyed for years to come.

I have made a number of changes to this bill in order clarify a number of issues and to facilitate its enactment, and I hope that it will be enacted quickly.

I ask unanimous consent that the text of the bill I have introduced today be printed in Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today, I am introducing along with Mr. Domenici the ``Pecos National Historical Park Land Exchange Act of 2005''. This bill will authorize a land exchange between the Federal government and a private landowner that will benefit the Pecos National Historical Park in my State of New Mexico.

Specifically, the bill will enable the Park Service to acquire a private inholding within the Park's boundaries in exchange for the transfer of a nearby tract of National Forest System land. The National Forest parcel has been identified as available for exchange in the Santa Fe National Forest Land and Resource Management Plan and is surrounded by private lands on three sides.

The Pecos National Historical Park possesses exceptional historic and archaeological resources. The Park preserves the ruins of the great Pecos pueblo, which was a major trade center, and the ruins of two Spanish colonial missions dating from the 17th and 18th centuries.

The Glorieta Unit of the Park protects key sites associated with the 1862 Civil War Battle of Glorieta Pass, a significant event that ended the Confederate attempt to expand the war into the West. This Unit will directly benefit from the land exchange.

Similar bills passed the Senate in both the 106th and the 108th Congresses, and I hope it finally will be enacted this Congress.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to reintroduce legislation to establish the Northern Rio Grande National Heritage Area in northern New Mexico. I am pleased that Senator Domenici is again joining me in sponsoring this bill. The Northern Rio Grande National Heritage Area will be established as part of a collaborative effort between local residents, Indian tribes, businesses and local governments, who are working together to preserve the area.

By establishing the Northern Rio Grande National Heritage Area, I hope to commemorate the significant but complex heritage of northern New Mexico communities and Indian tribes, from the pre-Spanish colonization period to present day. Establishing a National Heritage Area will benefit the northern New Mexico communities, local residents, students, and visitors, as well as help the local protection and interpretation of the unique cultural, historical, and natural resources of northern New Mexico.

Last Congress, identical legislation passed the Senate by unanimous consent and again as part of a comprehensive heritage area bill. The House of Representatives amended the bill to add authorizations for other heritage areas but unfortunately the different versions were not able to be reconciled prior to the sine die adjournment of the Congress. However, I am encouraged that the Senate and House have each approved authorization for the Northern Rio Grande National Heritage Area, and it is my hope that since both Houses have now passed legislation that is essentially identical to the bill I am introducing today, it can be swiftly considered and enacted into law.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I would like to briefly express my concern with section 205(d) of the Energy and Water Development Appropriations Act. This subsection addresses endangered species issues in the Middle Rio Grande in New Mexico.

These issues, particularly in the midst of an ongoing drought, have been very controversial in my home State. Over the last year or 2, however, there has been a commitment by the diverse stakeholders and interest groups in the Middle Rio Grande region to cooperate on creative approaches that would address endangered species needs. These approaches all have the goal of balancing the need for environmental restoration with a recognition of the need to protect the interests of water users who are dependent on the limited supply provided by the Rio Grande.

One thing that has helped to foster this cooperative approach is to fully and completely discuss the different issues facing the stakeholders. This process has included legislation. Last year, the New Mexico delegation collaborated on a legislative provision that was a response to a controversial court decision affecting water use in the Middle Rio Grande. While this effort was not without some controversy, the end product was the result of much discussion and debate, and seemed to be accepted, even embraced, by most of the stakeholders.

Section 205(d) of the Energy and Water bill, while somewhat innocuous on its face, undermines the practice of full disclosure and debate. The provision provides the biological opinion controlling water operations in the Middle Rio Grande, with full protection from legal challenge for a period of 10-years--the effective timeframe of the opinion. In last year's appropriation bill, we provided a maximum of 2 years of protection, which was the most controversial aspect of the provision.

I am concerned that this provision, that will most certainly be enacted into law without any notice or significant comment, may disrupt the cooperative environment that has developed over the last few years. If so, it would be a most unfortunate turn of events. The biological opinion, at least up until now, appears to be effective in allowing water use in the Middle Rio Grande to continue without jeopardizing the existence of the endangered species in the region. That is a positive step. Moreover, given the progress being made and the cooperative methods being employed, section 205(d)'s 8-year extension of a controversial provision, is an unnecessary distraction at this point in time.

I yield the floor.

I likewise agree.

I, too, share this understanding of the bill.

I likewise agree.

I agree as well.

Mr. President, today I wish to mark the passing of Dr. Sam Billison, a recipient of a Congressional Silver Medal, who died earlier this week. He was a great American.

In 2001, the President of the United States awarded Congressional Gold and Silver Medals to Sam and his fellow Navajo Code Talkers. Of all the honors Congress can bestow, these Medals are often considered the most distinguished, expressing the gratitude of the Congress and the entire nation.

With this award, the Code Talkers joined the ranks of an exclusive group of people--Robert Kennedy, Harry Truman, General H. Norman Schwarzkopf, Nelson Mandela, General Colin Powell, and President Reagan, to name a few.

As with many other recipients, Sam and his fellow WWII Code Talkers were recognized for valor, for their contributions to the national good, for their defense of freedom and democracy. However, unlike the others, they set several precedents, not the least of which that they were the first Native American Indians to receive Congressional Gold Medals.

This is especially poignant when one realizes the cultural context in which Sam and his fellow Navajo were raised. Subjected to alienation in their own homeland, discouraged from speaking their own language, this group of Native Americans rose above adversity, voluntarily came forward to develop the most significant and successful military code of the time saving countless American lives, and then honored their oath of secrecy by stepping back into the obscurity from which they came.

Many of these marines have finally come forward to be appropriately recognized and honored, but many took their secret to the grave. I am happy that in the twilight of Sam's life, he was able to see Congress finally mark that place in history so long overdue the Navajo Code Talkers.

We, as a nation, are but a product of those who have come before us-- their accomplishments, their contributions, and their sacrifice in the struggle for freedom and democracy. We must never forget that our society is made possible only through the sacrifice and hard work of thousands of American men and women.

Sam Billison, Navajo Code Talker, was one of an elite group of veterans, and yet he was more. He was a teacher, a school principal and a superintendent, helping educate thousands of young people, and setting an example for all to follow. In all sense of the word, he was a true American hero. He shall be dearly missed.

Mr. President, I am so pleased to be here today to talk about the Individuals with Disabilities Education Improvement Act of 2004. This legislation represents a significant step forward in advancing the academic achievement of millions of children with disabilities. The purpose of this bill is to improve the educational and functional outcomes for students with disabilities.

I believe this legislation accomplishes this goal by: aligning IDEA to the requirements of No Child Left Behind; protecting the civil rights of children with disabilities; providing new opportunities for schools and parents to resolve disputes equitably; simplifying the discipline provisions and makes it easier for schools to administer the law; reducing unnecessary paperwork burdens; providing quality services and instruction for children from early childhood through graduation; providing resources to support teachers, principals, and other school personnel; providing local school districts with significant flexibility in the use of Federal IDEA dollars; and holding States and local school districts accountable for implementation of the law.

This legislation represents a truly bipartisan effort. This process did not happen overnight, however. The Senate began working on this bill in the fall of 2002, and after years of work and negotiation, passed it earlier this spring by an overwhelming vote of 95 to 3. The House passed its own version of the bill in 2003, but it passed largely along partisan lines. The House-passed bill and the Senate version were very different bills. But in the end, I am pleased to say, both parties in both Houses of Congress worked diligently, and in good faith, to pass the best bill possible. Earlier this week, Senate and House Conferees approved the legislation by a decided vote of 29 to 1. I would like to thank the Chairman and the Ranking Member of the HELP Committee for their commitment to passing this legislation. Their staffs, Denzel McGuire and Connie Garner, have worked tirelessly on behalf of our Nation's students with disabilities, and deserve recognition.

IDEA is sometimes seen as a controversial piece of legislation. It is a unique blend of civil rights law and state grant program, and as a result, often pits the constitutional rights of children with disabilities to a free appropriate public education against the flexibility teachers need to teach. While this bill is certainly not perfect, I believe it strikes a good, fair balance.

Earlier this year, this country celebrated 50 years of public school desegregation. In the landmark decision of Brown v. Board of Education, Chief Justice Warren wrote that ``in the field of public education, the doctrine of `separate but equal' has no place.'' This decision literally opened the doors of our public schools to all children, regardless of race.

But, the doors to a public education did not open quite so quickly for children with disabilities. Prior to enactment of IDEA in 1975, children with disabilities were still being segregated. More than one million students were excluded from public schools, and another 3.5 million did not receive appropriate services. Many States had laws excluding certain students, including those who were blind, deaf, or labeled ``emotionally disturbed'' or ``mentally retarded.'' The likelihood of exclusion was significantly greater for children

with disabilities living in low-income, ethnic and racial minority, or rural communities.

Parents, however, began asserting their children's rights to attend public schools, using the same equal protection arguments used on behalf of the African American children in Brown; the 14th Amendment of the U.S. Constitution guarantees their children equal protection under the law. Recognizing the Constitution's guarantee of equal protection under the law, Congress enacted the law now known as IDEA, creating the statutory right to a free appropriate public education in the least restrictive environment.

We have come a long way since that law was first enacted. In 2001, we passed the No Child Left Behind Act. In that legislation, we recognized that every child has the capacity to learn, and we required our States to improve the academic achievement of all children. For the first time, we held schools accountable for the academic achievement of students with disabilities.

By all accounts, this challenge is great. States and schools try their best with both inadequate resources and inadequate technical assistance from the Department of Education. But, we cannot allow ``a pass'' for these children. We cannot turn our back on the six million children with disabilities and their families. It is our obligation to ensure that students with disabilities count too.

This legislation ensures that local school districts measure the performance of students with disabilities on State or district-wide assessments, including alternate assessments aligned to the State's academic content standards or alternative standards. The legislation also ensures that students with disabilities are taught by highly qualified teachers, and sets forth rigorous yet flexible criteria for States to meet. The legislation requires special education teachers to be certified in special education, have at least a bachelor degree, and demonstrate appropriate subject knowledge. The bill, however, gives states significant flexibility in determining how a teacher meets those standards.

It is essential that children with disabilities have access to, and succeed in, the general education curriculum. The due process and procedural safeguard provisions are the most important means of protecting the constitutional rights of children with disabilities to a free appropriate public education. This legislation maintains these vital civil rights protections.

Yet, we also recognize that IDEA is sometimes seen as too litigious and confrontational. Accordingly, we have created new opportunities for parents and schools to address concerns before the need for a due process hearing, and encourage parents and schools to resolve differences by clarifying that mediation is available at any time.

Further, this bill addresses the problems associated with discipline, which is often viewed as complex and difficult to administer. The bill simplifies the framework for schools to administer the law, while ensuring the rights and the safety of all children. It requires schools to determine if a child's behavior was the result of his or her disability or poor implementation of their Individualized Education Program, IEP, when considering a disciplinary action. It requires that schools conduct functional behavioral assessments and give behavioral interventions to students who are disciplined beyond 10 days, in order to prevent future behavior problems. And, the bill provides resources to help develop and enhance behavioral supports in schools while improving the quality of interim alternative education settings.

We also recognize that too many teachers get bogged down in burdensome paperwork chores. According to the Department of Education, 53 percent of special education teachers reported that paperwork and other routine duties interfered with their job of teaching students to a great extent. Clearly, the amount of paperwork involved in a special education teacher's job is a problem. I am pleased that this bill takes significant steps to reduce the paperwork burden.

For example, under this legislation: teachers will have increased access to technology; teachers and other staff will conduct fewer evaluations; IEPs and IEP meetings will be simplified; procedural safeguards notices will not be provided multiple times in a year, unless there are special circumstances; the Department of Education will create model forms to show States and districts how to meet the requirements of IDEA while reducing paperwork; and up to 15 States will be allowed to participate in a ``Paperwork Reduction Demonstration.'' This demo would allow states to waive burdensome statutory and regulatory requirements that interfere with a teacher's ability to teach, while at the same time ensuring that a State does not impinge upon the constitutional rights of children with disabilities to a free appropriate public education.

The bill also expands services to students with disabilities in many ways. The legislation ensures educational services for homeless and foster students with disabilities, as well as for other students who frequently transfer from one school to another. The bill improves access to instructional materials for students who are blind or for students with other visual disabilities. It also provides extensive early intervention services for children ages zero through 5, increasing the focus on school readiness activities. The bill improves the IEP process, making it easier for parents and teachers to more meaningfully develop a student's education plan. And, the bill significantly improves transition services to ensure that students with disabilities are prepared for postsecondary education or employment.

This legislation recognizes that approximately \2/3\ of the students with disabilities in this country spend a majority of the school day in general education classrooms, and accordingly provides local school districts with significant flexibility in the use of its Federal IDEA dollars. For example, a local school district may use up to 15 percent of its IDEA funds to develop an educational support system to help students who have not been identified as needing special education, but who require additional academic and behavioral supports to succeed in the general education curriculum. Or, a school district may reduce its maintenance of effort by up to 50 percent of its increases in Federal funds to support other educational activities.

One of the most critical features of this bill is the level of support provided to teachers, principals, and other school personnel. We all know the difference a well-prepared, highly qualified teacher can make in the life of a student. This legislation provides personnel development grants to States to help recruit, prepare, and retain highly qualified special educators. It also provides grants to institutions of higher education to focus exclusively on training for beginning special educators through extended clinical experience or teacher-faculty partnerships.

Finally, and perhaps most importantly, this legislation holds States and school districts accountable for the academic and functional achievement of students with disabilities. It provides the Secretary of Education and the States with the authority and the tools to implement, monitor, and enforce the law.

We recognize the potential burden these provisions might place on State departments of education, and accordingly have increased the amount of funds States may reserve for statewide activities to carry out these provisions. In addition, we have authorized the Secretary to set-aside a portion of its funds to provide technical assistance to States to help implement these provisions.

In order to ensure the constitutional right to a free appropriate public education for children with disabilities, the Department of Education must have the tools necessary to enforce compliance with IDEA. The Department of Education has found widespread noncompliance with the law and regulations, with more than half of the violations directly related to the provision of student services.

In 2003, New Mexico served nearly 64,000 students under IDEA. I strongly believe these provisions are absolutely necessary to ensuring that these students receive the special education and related services they are entitled to.

This legislation takes a significant step forward in providing the millions of students with disabilities the accountability, tools, and resources necessary to access, and succeed in, the general education curriculum. While I

am certainly disappointed that we have not provided full funding, and we have not addressed all of the issues to the complete satisfaction of parents, teachers, and schools, I am confident that this bill will help students with disabilities achieve to their highest potential.

Mr. President, I rise today with my colleagues, Senators Domenici and Cornyn, to introduce a resolution honoring the life of Yogi Bhajan. Yogi Bhajan, the chief religious and administrative authority for Sikhism in the West, died in Espanola, NM, on October 6, 2004, at the age of 75. Born Harbhajan Singh Puri on August 26, 1929, in Northern India, now Pakistan, he began yogic training at age 8 and was proclaimed a master of Kundalini Yoga by age 16. After the partition of India and Pakistan in 1947, his family migrated to New Delhi, India, where he continued his education. after graduating from Punjab University in economics, he worked for India's Internal Revenue Service and later became head of customs at the New Delhi Airport.

Yogi Bhajan introduced thousands around the world to Sikhism, a religion that carries the message of truthful living and the fundamental unity of humanity, and reaches out to people of all backgrounds to work together for world peace. When he came to North America in 1968, he recognized that the experience sought by many young people through drugs could be alternatively achieved through Kundalini Yoga, which stimulates individual growth through breath, chanting, and meditation among other components. Breaking the centuries old tradition of secrecy surrounding Kundalini Yoga, he began teaching it publicly. Soon after, he founded the Healthy, Happy, Holy Organization (3HO), a nonprofit private educational and scientific foundation with 300 centers in 35 countries, dedicated to improving physical well-being, deepening spiritual awareness, and offering guidance on matters of health and heart. He later founded 3HO SuperHealth, a successful drug rehabilitation program, blending ancient yogic wisdom of the East with the modern technology of the West. SuperHealth was accredited by the Joint Commission on Accreditation of Healthcare Organization and received its highest commendation. In 1973 it distinguished itself as being in the top 10 percent of all treatment programs throughout the United States. In 1989 Yogi Bhajan met with then President Mikhail Gorbachev and established addiction treatment programs in Russia based on the 3HO SuperHealth model. Currently a pilot project of SuperHealth is being formed by the Punjab State Government in India. He taught Yoga in Toronto and Los Angeles and finally founded a Sikh Dharma community in Espanola, NM. In 1971, the president of the governing body of Sikh Temples in India gave Yogi Bhajan the title of chief religious and administrative authority for Sikhism in the Western Hemisphere. About 250,000 Sikhs now reside across the United States, including a community of about 500 families in Northern New Mexico.

Yogi Bhajan wrote 30 books and inspired 200 more through his teaching, and inspired the founding of several businesses, including Akal Security Inc. He had an inclusive view of the world's major religions and considered all of them valid. Throughout his lifetime, he traveled the world and met with world leaders such as Pope John Paul II and the Dalai Lama to discuss world peace and religious unity. In June 1985, Yogi Bhajan established the first International Peace Prayer Day Celebration in New Mexico that stills draws thousands of participants annually.

After the events of 9/11/01, Yogi Bhajan reached out to Sikhs across America, encouraging and helping them to educate their fellow citizens about Sikhs, and to work with law enforcement and community leaders to help them protect Sikh populations. His efforts have helped contribute to the opening of some major law enforcement agencies to Sikh employees, including the Los Angeles County Sheriff's Department. Yogi Bhajan established links to human rights advocates nationwide, working to make sure that the issue of Sikh identity is understood and respected. When Balbir Singh Sodhi was murdered in Phoenix 5 days after 9/11 because of his beard and turban, Yogi Bhajan worked with community and government leaders in Arizona to help raise awareness about the Sikh community there.

Yogi Bhajan is survived by his wife, Inderjit Kaur; two sons, Ranbir Singh and Kulbir Singh; a daughter, Kamaljit Kaur; and five grandchildren. He will be missed by his family, followers and his friends, and his contribution to the cause of world peace will be remembered and celebrated for generations to come.

Mr. President, I wish to speak for a very few minutes to recognize and reflect on the extraordinary career in public service of Paul Nitze who died on October 21, since the Congress recessed.

Paul Nitze was probably the paragon of the private citizen rendering public service at the request of his government. His service was rendered to Democratic and Republican Presidents alike.

Paul Nitze was first summoned to Washington in 1940 by James V. Forrestal, his former boss at the New York investment bank where both had worked. Once in Washington, Nitze became involved in a variety of activities leading up to and supporting America's efforts in World War II. He helped draft the Selective Service Act. He served as chief of the Metals and Minerals Branch of the Board of Economic Warfare. He oversaw foreign procurement of goods and services for the U.S. Government.

From 1944 to 1946, Nitze served as vice-chairman of the U.S. Strategic Bombing Survey, which studied the impact of U.S. bombing in Europe and Japan after we had dropped the atomic bomb on Hiroshima and Nagasaki. This office applied rigorous analytical methods to assess the effectiveness of weapons and tactic in World War II. It was the forerunner of today's Program Analysis and Evaluation Office on the Pentagon.

After the war, the scope of Paul Nitze's contributions continued to expand. He headed a billion-dollar global

relief program to feed those left homeless and without food by World War II. Perhaps his most far-reaching contribution was as the head of the State Department's policy planning staff in the Truman administration. Working under Dean Acheson and along with other influential thinkers such as Charles Bohlen and George Kennan, Nitze was the principal author of the National Security Council document, entitled ``United States Objectives and Programs for National Security,'' but more commonly known as NSC-68, that provided the strategic outline for the conduct of deterrence during the Cold War.

Key insights from NSC-68 still ring true today.

For example, NSC-68 situated our strategy towards the former Soviet Union in a broader world context. It stated, in part:

Our overall policy at the present time may be described as

one designed to foster a world environment in which the

American system can survive and flourish. It therefore

rejects the concept of isolation and affirms the necessity of

our positive participation in the world community. This broad

intention embraces two subsidiary policies. One is a policy

which we would probably pursue even if there were no Soviet

threat. It is a policy of attempting to develop a healthy

international community. The other is the policy of

``containing'' the Soviet system. These two policies are

closely interrelated and interact on one another.

Nevertheless, the distinction between them is basically valid

and contributes to a clearer understanding of what we are

trying to do.

Paul Nitze continued to make significant contributions to out national security through the 1960s, as Secretary of the Navy under Presidents Kennedy and Johnson and Deputy Secretary of Defense under President Johnson.

President Nixon appointed Nitze to the U.S. delegation to the Strategic Arms Limitation Talks with the Soviet Union in 1969, and he played an important role in negotiating the ABM Treaty with Moscow during that time. Under Presidents Nixon and Ford, he served as Assistant Secretary of Defense for International Affairs.

During the term of President Carter, Nitze played a seminal role as an external critic of national security policy. His stature was such that his opposition to the SALT II Treaty negotiated by President Carter was an important factor in its failure to garner support in the U.S. Senate.

Yet, his reputation as a hard-liner on defense was too simplistic a characterization for his formidable intellect and ability to respond to new realities with new strategies to maintain U.S. security.

The most famous example, perhaps, of this characteristic was Paul Nitze's famous ``walk in the woods'' with his Soviet counterpart in arms control negotiations, Yuli Kvitsinsky. His informal proposal to put drawdowns in intermediate-range nuclear missiles in a broader context of arms reductions was considered too radical at the time, and was rejected by both sides. Yet, only a few years later, a more comprehensive approach is precisely what both sides agreed to, for in 1987 the United States and the Soviet Union signed the so-called ``double zero'' agreement that limited all medium-range missiles in Europe as shorter-range missiles as well.

But perhaps the most important lessons we can learn is from the pattern of Paul Nitze's life and contributions. At this time, when the news headlines are dominated with stories of transitions and resignations from the Executive Branch, covered like a sports story of who's won and who's lost, the tendency is to think of those leaving public service as persons who have had their shot, and are not likely to be heard from ever again. I think that the example of Paul Nitze shows how much the United States stands to lose if we were to fall into such an unfortunate way of thinking with respect to public service.

I for one hope some of those who are now leaving public service will in the future find additional ways to serve their country, as Paul Nitze found ways to serve his country over many decades. I hope Paul Nitze's life and career will inspire all of us to a vision of how our Nation can benefit from the extraordinary expertise of its citizens who are willing to respond to the call to public service.

Mr. President, October 4, 2004, marked a historic milestone in human space flight. On that day, SpaceShipOne became the first privately funded space vehicle to escape from and safely return to Earth twice within 2 weeks, thereby winning the Ansari X Prize. The craft also broke the record for maximum altitude achieved by a plane, which was set by the X-15 in 1963. This is a truly landmark achievement, and its designer, Burt Rutan, as well as its test pilots Mike Melvill and Brian Binnie, are to be commended along with the rest of the SpaceShipOne team for their extraordinary courage and ingenuity.

The Ansari X Prize was established to jumpstart the space tourism industry, to inspire and educate students, to focus public attention and investment capital on this new business frontier, and to challenge explorers and rocket scientists around the world. It has already achieved each of these goals, and without a penny of Government funding. The $10 million prize was modeled after the $25,000 Orteig Prize won by transatlantic aviator and American legend Charles Lindbergh in 1927. It should be noted that the Defense Advanced Research Projects Agency, DARPA, uses a similar prize model to accomplish many of its mission-oriented breakthroughs. So perhaps given the success of this approach in unleashing the potential of America's brightest minds, we should use it to tackle other areas of research critical to our nation's future as well.

As for the cost, one of this competition's most amazing results is the potential of a dramatically reduced price tag for human space flight. The total investment in SpaceShipOne was reportedly just over $20 million from the drawing board to yesterday's success, which is currently far less than the cost of a single Government-sponsored human mission. More affordable technology will lead to applications that could only be imagined until now.

I eagerly look forward to the annual competition for an X Prize Cup, which begins in 2006 at White Sands Missile Range outside Las Cruces in my home State of New Mexico. This competition will build on the success of the original X Prize to foster the early evolution of commercial human space flight, and make the dream of space travel a reality that anyone can achieve.

To commemorate the tremendous talent and vision demonstrated by the SpaceShipOne team, today Senators McCain, Hollings, Brownback, Domenici and I are introducing this Senate resolution. I hope that other Members of the Senate will join us in honoring their remarkable accomplishments.

S. Res. 459

Mr. President, I would like to congratulate the conferees on the National Defense Authorization Act for Fiscal Year 2005, for reforming the Energy Employee's Occupational Illness Act, EEOICPA, and ensuring that the Radiation Exposure Compensation Program, RECA, receives additional mandatory funding to pay the workers whose claims were originally subject to additional appropriations.

I view the reform of EEOICPA's subtitle D as particularly significant. From November 2003 through March 2004, the Energy and Natural Resources Committee held three hearings on this program. These hearings determined that the current program's subtitle D was not paying injured atomic workers. Subtitle D relied on the DOE to determine causation with a subsequent referral to State compensation systems. Typically these State compensations not only add add additional delay to the process but they are adversarial in nature because insurers can contest the claim against a sick and dying worker. As a result of these three Senate hearings, there was a bipartisan effort by 20 Senators to move subtitle D from the Department of Energy to the Department of Labor, where EEOICPA's subtitle B is administered. The Department of Labor specializes in providing worker compensation, so it only seems reasonable to consolidate the program there. Originally, the Senate's proposed reform of subtitle D required the Department of Labor to adjudicate each claim according to the workers' respective State compensation standard. This compensation procedure, while insuring that the original intent of EEOICPA remained intact, was determined by the conferees to be too hard to administer. In my view, and it was stated in the March 2004 hearing, the proper course of action to pay these sick workers was to use a uniform standard funded from a mandatory account similar to subtitle B.

The conference report's version of EEOICPA's subtitle D takes the right approach. Instead of a compensation scheme tied to each State as in the Senate proposal, the conference report chooses a uniform payment schedule according to disability and lost wages, for both living and deceased persons. Most importantly, subtitle D is funded out of the subtitle B mandatory account so it does not end up like the RECA program in lacking the necessary compensation funds once a positive determination is made. I am also pleased that the language contains the ombudsman provision, even though it is only authorized for three years. The ombudsman will report to Congress on the transition from the Department of Energy to the Department of Labor, and whether the intent of the reform language is adhered to, which is the quick compensation of sick workers.

I would like to thank the many Senate staffers listed below who held together as a group for the past seven months; their names are found at the end of this statement. Through this strong bipartisan effort, more was accomplished than any by any single member. I hope this effort sets a tone for other endeavors that we pursue in Congress.

Elizabeth Bellville, Office of Senator DeWine;

Catherine Boland, Office of Senator Voinovich;

David Cherington, Senate Armed Services Committee;

Doug Clapp, Office of Senator Murray;

Madelyn Creedon, Senate Armed Services Committee;

Angela Becker-Dippman, Office of Senator Cantwell;

Ken Ende, Office of Senator Murkowski;

Jonathan Epstein, Office of Senator Bingaman;

Holly Fechner, Health Education and Labor Committee;

Tom Horgan, Health Education and Labor Committee;

Kurt Kovarik, Office of Senator Grassley;

Kate Kimpan, Office of Senator Bunning;

Pete Lyons, Energy and Natural Resources Committee;

Sara Mills, Office of Senator Reid;

Beth Stein, Office of Senator Harkin;

Kristine Svinicki, Office of Senator Craig;

Katie Swaney, Office of Senator Talent;

Kim Taylor, Office of Senator Bunning;

Jason Unger, Office of Senator Reid;

Dan Utech, Office of Senator Clinton;

Tim Valentine, Office of Senator Alexander;

Karina Waller, Office of Senator Stevens;

Jenny Wing, Office of Senator Harkin;

Portia Wu, Health Education and Labor Committee.

Again, my thanks to the Chairman and Ranking members of both the House and Senate Armed Services Committees for ensuring that these innocent atomic workers, who helped win the cold war, clean up its former nuclear sites, and continue to maintain our nuclear deterrent, are adequately compensated for the injuries they sustained working at DOE's nuclear facilities.

Mr. President, I come to the floor to thank the chairman and ranking member of the Finance Committee for their assistance in getting my amendment on the Civil Rights Tax Review in the conference report to accompany H.R. 4520, the American Jobs Creation Act of 2004.

The law with respect to the tax treatment of attorneys' fees paid by those that receive settlements or judgments in connection with a claim of unlawful discrimination, a Qui Tam proceeding or actions containing damages for non-physical injuries was unclear and that its application was questionable as interpreted by the IRS. It was never the intent of Congress that the attorneys' fees portions of such recoveries should be included in taxable income whether for regular income or alternative minimum tax purposes. The language contained in section 703 of H.R. 4520, the American Jobs Creation Act of 2004 is intended to clarify the proper interpretation of the prior law, and any settlements prior to the date of enactment should be treated in a manner consistent with such intent.

The conferees are acting to make it clear that attorneys' fees and costs in these cases are not taxable income, especially where the plaintiff, or in the case of a Qui Tam proceeding, the relator, never actually receives the portion of the award paid to the attorneys. Despite differing opinions by certain jurisdictions and the IRS, this is the correct interpretation of the law prior to enactment of section 703 as it will be going forward. In adopting this provision, the Congress in no way intends to prejudice the tax treatment of settlements or awards made prior to that time and the courts and IRS should not treat attorneys' fees and other costs as taxable income.