Floor Statements

Mr. President, I rise today to honor the life of Robert A. Riesman, who, sadly, passed away on June 2 in Providence, RI.

Robert Riesman was a Renaissance man and a prominent Rhode Islander, who succeeded in and devoted himself passionately to all aspects of his life. He was a decorated soldier, a successful businessman, and a leader in Rhode Island politics. He was a philanthropist, a dedicated man of faith, and a devoted father and husband.

But my own words cannot fully convey the value of Bob Riesman's character and achievements. This can best be expressed by Mr. Riesman's close friend and my esteemed colleague, Senator Jack Reed, whose eloquent eulogy of June 6 describes Mr. Riesman in the most human terms.

Therefore, Mr. President, I ask unanimous consent that Senator Reed's eulogy be printed in the Record.

In Memory of Robert A. Riesman

Last Thursday, Richard Licht and I spoke. We quickly

concluded that, outside our own families, Bob Riesman was the

finest man that we had ever met. Then, we also quickly

concluded that we tend to give our families a little extra

credit.

Bob Riesman was my hero.

He lived his life heroically. He lived with honor and with

a commitment to high ideals. He pursued wisdom. He cherished

family and friends. He set an example of decency and

integrity and modesty. He time and time again entered the

arena to be part of the great issues that shaped his

generation and shaped our lives. But, he never forgot that

life is little things, too: acts of kindness, moments of

humor, sharing life's joys and disappointments with family

and friends.

He was an American hero.

He joined the Field Artillery at Camp Ethan Allen in

Vermont many months before Pearl Harbor. He had just

graduated from Harvard. Bob was always very proud of his

Harvard diploma, but declared that he was educated at the

Boston Latin School.

He served with the First Infantry, his beloved ``Big Red

One''. He fought through North Africa and Sicily. His

soldiers admired his fearlessness and his authenticity. For

his courage under fire, he was awarded the Silver Star. For

his wounds, he was awarded the Purple Heart. Because of these

wounds, he had to leave the First Division and he became an

intelligence officer with the First Army. The last days of

the war found him as a staff officer in Paris.

We always spoke together about the Army. Every conversation

in some way or another touched on our youthful and lifetime

devotion to the Army. Bob seldom, if ever, talked about the

difficult moments. He recalled the camaraderie. He spoke of

his admiration and respect for Sergeant Vic Lister and the

other American soldiers that he led. He spoke about the

leaders that he admired and those he found lacking. We both

reveled in those memories of soldiers and soldiering, he

knowing far better than I the terrible cost of war.

Bob Riesman saw the horror of war but refused to surrender

his spirit to its brutality. And having seen that horror and

bearing the memory forever of those young soldiers who never

returned, Bob's return was not simply an occasion for

celebration. It was an opportunity and an obligation to

engage in another struggle; the struggle of a committed

citizen to build a just and decent society in America and to

be a force for peace and justice around the world.

And, Bob never wavered from that commitment.

Bob Riesman was a man of great faith and great tolerance.

His parents taught him to cherish his Jewish faith and act

on this faith to serve his neighbors and his community and

his country. Bobs faith was more than just a theological

exercise. It was for him a summons, not just to reflection,

but also to action.

Bob Riesman was my friend.

To sit by him and to feel the comfort of a kindred spirit,

to listen and learn, to trace and retrace the days of our

lives, to share good wine and good conversation, to know the

feeling of unqualified support and affection was a precious

and enduring gift to me.

On one memorable evening, we rode together, just the two of

us, back from West Point. We had been up for the day to visit

the newly dedicated Jewish Chapel at West Point. Bob and I

attended services with the Cadets and then had supper with

them. It had been a splendid day for the both of us, but a

special day for Bob, uniting both his faith and his Army. In

the nighttime drive, we spoke of many things. At one point,

we began to discuss William Butler Yeats. Bob, as he often

did to my amazement, began to recite from memory passages not

only from Yeats, but W. H. Auden's famous lines:

Earth receive a honored guest

William Yeats is laid to rest

Today, earth receives another honored guest.

Bob taught me so much and, along with my Father and Mother,

set an example of what, on my best day, I might hope to be.

His approval meant the world to me. I recall those times

when we spoke and he was particularly pleased by something he

had read or heard about me. He would say ``my boy, you are a

credit to the Regiment.''

In a life of extraordinary achievement, Bob's greatest

achievement was his marriage to Marcia and their wonderful

children and grandchildren. Marcia and Bob were best friends

as well as husband and wife. To watch them was all you needed

to know about respect and commitment and deep and abiding

love.

Bobby and Jeanie are their parents' pride. Whenever I asked

about either of them, Bob's eyes would light up and his voice

would resonate with uncontained joy and pride. This reaction

was only exceeded when we spoke about Abe and Clare.

At this moment, I know we all wish for one thing, to have a

few minutes again with Bob, to be with him before the fire on

Freeman Parkway or watching the sun set in Middletown, to

feel the comfort of his presence, to know that in a life that

can mean there was at least one who was noble. But, that

cannot be.

And knowing this, our hearts would surely break save for

one thing. Bob made us stronger and better by his life. He

has given us the example and the ability to carry on. And, we

will.

Dear friend, I shall miss you.

Dear friend, ``you have been a credit to the Regiment.''

Mr. President, I pay tribute to President Ronald Reagan, a man for whom I had the utmost respect.

A strong, principled leader, President Reagan used his optimism and humor to help the Nation feel better in a post-Vietnam, post-Watergate country coping with an energy crisis and high inflation.

He brought strong leadership and could relate to people from all walks of life very, very easily. Democrats controlled the House during both of his terms, and the Senate during his last 2 years in office. In order to advance his priorities, he had to bridge the partisan divide and work with members of the other party. He was also very proud of his good personal relations with Tip O'Neill and other Democratic leaders. The proof of his good personal relations with Tip O'Neill and other Democratic leaders. The proof of his appeal was his ability to carry a Democrat stronghold like my state of Rhode Island in the 1984 election. He was the last Republican Presidential candidate to do so.

With tremendous vision and dignity, President Reagan will ultimately be remembered for ending the cold war and promoting freedom and democracy throughout the world in a peaceful way.

In closing, I recall a large color photograph on my father's office wall. It is a picture of merriment, Senator Robert Dole having just cracked a joke, with President Reagan, Alan Simpson and John Chafee standing by, smiling from ear-to-ear.

Later, my father obtained a copy of the photo and at a later meeting with the President, slid it down the table towards him and asked if he would sign it. Without hesitation, Reagan penned a line and slid it back.

It read simply, ``John--some times it is fun, isn't it?''

Some times it is fun, isn't it? Ronald Reagan, with unfailing good humor and optimism, made Americans feel good about their country again. I believe that is his lasting legacy.

The Chafee family offers our sincere condolences to Nancy, and the Reagan family.

Mr. President, on May 29, 2004 the National World War II Memorial was formally dedicated on the National Mall.

A number of Rhode Islanders of whom our State is particularly proud played important roles in the design and construction of this strikingly beautiful monument.

Credit for the overall vision of the monument is owed to Providence's Friedrich St. Florian, whose architectural design was chosen from over 400 competing entries.

As to the great results of the construction, I am proud to mention North Kingstown's Anthony Ramos, the founder and president of New England Stone, whose company was responsible for quarrying and fabricating all granite use in the memorial. Nick and John Benson of the John Stephens Shop in Newport were the principal stone carvers of the project; through their work they turned hulks of granite into works of art. Finally, I am pleased to honor Lawrence Rebel and all members of the Gilbane Building Company of Providence for their contributions as construction managers, selected by the General Services Administration's public buildings division.

This memorial is a deserving tribute to the sacrifices made by the men and women of the United States during the Second World War, and I am proud of Rhode Island's contributions to the effort.

Mr. President, it is with great sadness that I speak about a true friend and colleague. For 26 years, Hope Harris served the people of Rhode Island as a member of my staff, and prior to that, on the staff of my late father, Senator John H. Chafee. Hope Harris was known to thousands of Rhode Islanders who have visited and telephoned their Senator as the sympathetic and trustworthy professional answering the phone and the door at the front desk in their Senator's Providence office. She was without peer in her ability to convey, in a brief encounter, that the mission of the Senator's State operation is to help people in any way possible. On May 12, Hope died after a difficult struggle with cancer.

Hope's impact on my ability to represent the people of Rhode Island cannot be overstated. Her impact was felt by every anxious senior citizen who experienced a problem with Social Security, by every parent calling to plan a family trip to Washington, every young

idealist determined to save the world, and every beleaguered citizen convinced that the government is after them. When they called or visited my office seeking help--an answer or action or reassurance-- Hope was the first person they encountered in their quest. In the space between saying, ``Good morning, Senator Chafee's office,'' and hitting the ``transfer'' button, Hope put people at ease, instilled calm, became a friend.

People were not numbers to Hope; they were souls in search of a connection, one that maybe Hope could help them find. One of her greatest gifts was her ability to see the humanity of all people, regardless of social station, political power, religion, or race. In that, she remains an example for us all. Thanks to Hope's extraordinary ability to convey that human connection, Rhode Islanders knew that our office was a welcoming and responsive place.

Hope remained optimistic and of good cheer regardless of what was going on in her personal life. In 2001, she lost her husband. And she has faced, and lost, a daunting battle with cancer. Through it all, Hope demonstrated the highest level of dedication to her job, never betraying to any individual constituent that they were anything but the center of her universe.

Hope was involved in many volunteer organizations throughout the course of her career. She was most recently active with the AIDS Project of Rhode Island and she cherished her involvement with the First Pentecostal Church and the Congdon Street Baptist Church.

In 2003, Hope celebrated her 25th year as a Senate employee. And just recently, on May 3, 2004, Hope was the proud recipient of the Federal Employee of the Year Award by the Rhode Island Association of Federal Employees. This honor was richly deserved. All of the Chafee family and the myriad of people who have been touched by the life of Hope Harris will miss her joy for living. She was the heart and soul of our Providence office.

I ask unanimous consent to have printed in the Record a copy of an article that appeared in the Providence Journal on March 11, 2004, that speaks to the true essence of Hope Harris.

Mr. President, I yield the floor.

Mr. President, this year marks the 150th anniversary of the signing of the Treaty of Kanagawa, which opened trade between Japan and the United States. Rhode Islanders take great pride in the historic role played by Commodore Matthew C. Perry, USN, who was integral in the formation of the treaty.

In 1853, Japan had been almost completely closed to foreigners for over 200 years, denying trade, refusing shipwrecked sailors, and, most importantly, refusing to serve as a coaling station for the growing numbers of steamships slogging the long haul across the Pacific. Commodore Perry was dispatched to Japan with full diplomatic powers by President Millard Fillmore for the purpose of opening that nation's doors to foreign trade.

On Friday, July 8, 1853, Commodore Perry steamed four huge ships into what is now Tokyo Bay. The hulks breathed thick dark smoke, and were instantly dubbed the ``Black Ships'' by the shocked citizens of Japan. Their arrival set the city of Edo, inhabited by more than one million people, into commotion. The Japanese had not fought a single war for 256 years, but now they feared an invasion.

But Perry had not come to invade. Instead, he planned to deliver a letter to the Emperor, signed by President Fillmore, proposing ``that the United States and Japan should live in friendship and have commercial intercourse with each other.'' When his peaceful intentions became clear, tension around Edo Bay soon gave way to curiosity as each people sought to learn more about the strange new other.

Commodore Perry gave the presidential letter to local officials shortly after his arrival, explaining that he would return the following spring to receive the Japanese reply. He arrived in Edo Bay slightly ahead of schedule, on February 13, 1854, this time with nine ships anchored near the city of Kanagawa. The cultural exchanges continued. After a stunning parade on land, Perry arranged a 21-gun salute to honor the Emperor, and then flew the Shogun's flag from the masthead of one of his ships. He presented his hosts with an array of gifts, including books, maps of America, whiskey, wine, clocks, rifles, perfumes, a miniature steam engine with railroad, and telegraph equipment--all of which aroused much awe in the growing crowds. The Japanese presented the Commodore and his officers with gifts from the Emperor, including scrolls, porcelain tea sets, silks, jars of soy sauce, umbrellas, swords, and ornate lacquer ware. They even treated the sailors to a Sumo wrestling show. When one Japanese commissioner left an American-hosted banquet, he gave Perry a crushing hug and exclaimed, ``Japan and America, all the same heart.''

On March 31, after weeks of delicate and complex negotiations, a treaty declaring ``peace and friendship between the United States of America and the Empire of Japan'' was signed. The treaty of Kanagawa opened the seaports of Shimoda and Hokodate to American ships, and granted shipwrecked sailors protection in Japan. After the signing, the Japanese held a great feast for the Americans, and there was much celebration. As author Rhoda Blumberg writes, ``It is remarkable that people in the land of the Shogun could be so gracious and hospitable to unwanted visitors from the Black Ships and that the Americans could overcome their prejudice against a `different' people and enjoy their company.''

Americans and Japanese were gracious, hospitable, and did enjoy each other's company at their first encounter. And that relationship continues today. The Japan-America Society and Black Ships festival of Rhode Island have helped maintain the bonds of friendship between our two nations. This month, representatives from Rhode Island will be participating in a ceremony in Newport, Rhode Island's sister city, Shimoda, Japan, commemorating the 65th anniversary of

that city's Black Ships festival. I am proud to draw the Senate's attention to this historic occasion, and to express on behalf of my colleagues our deep congratulations to Mayor Naoki Ishii, members of the City Council, and the citizens of Shimoda, Japan as they host the celebration of the mutual friendship and shared values between our two nations, common bonds that will last for many years to come.

Mr. President, I rise today to congratulate Israel on 56 years of independence. Last year, I visited Israel in my capacity as Chairman of the Subcommittee on Near Eastern and South Eastern Affairs of the Senate Committee on Foreign Relations. This was my first visit to Israel, and I was tremendously impressed with how much has been accomplished by this tiny country over the last several decades. I also was reminded of how much Israel has suffered at the hands of suicide bombers, who have killed hundreds

of Israelis and greatly set back the cause of peace.

In the past, I have expressed disappointment that the United States has not worked harder to advance the Israeli-Palestinian peace process, as well concerns about specific actions by the Israeli government. However, these concerns should not be misinterpreted as a lack of support for Israel or a lack of recognition of the very real threats that she faces. I am strongly committed to the long-term security of Israel, and I will continue to work towards the vision of a safe and secure Israel at peace with her Arab neighbors.

Israelis can be proud of the vibrant democracy that they have created, and I know that many Rhode Islanders share my deep appreciation for the close friendship between our two nations. I once again offer my congratulations and best wishes to the Israeli people.

Mr. President, earlier today I voted in favor of invoking cloture on the motion to proceed to S. 2290, the Fairness in Asbestos Injury Resolution Act. My vote was not an endorsement of S. 2290 as it was introduced in the Senate. I recognize that concerns have been raised about specific provisions of the bill, and I would consider supporting amendments to S. 2290 if the Senate has an opportunity to fully debate this legislation.

However, I am very concerned about shortcomings in the current system, and support legislating a bipartisan solution that offers a fairer, more efficient process for compensating asbestos victims. For this reason, I voted for cloture on S. 2290 in an effort to move the debate forward.

Mr. President, from May 1-3, 2004, more than 1,200 students from across the United States will visit Washington, DC, to take part in the national finals of ``We the People: The Citizen and the Constitution,'' an educational program developed specifically to educate young people about the U.S. Constitution and Bill of Rights. Administered by the Center for Civic Education, the ``We the People'' program is funded by the U.S. Department of Education by act of Congress.

I am proud to announce that students from Central Falls High School will represent the State of Rhode Island in this national event. These outstanding students, through their knowledge of the U.S. Constitution, won their statewide competition and earned the chance to come to Washington and compete at the national level.

The three-day ``We the People'' National Finals Competition is modeled after hearings in the U.S. Congress. The students are given an opportunity to demonstrate their knowledge before a panel of judges while they evaluate, take, and defend positions on relevant historical and contemporary issues.

I wish these students the best of luck at the ``We the People'' national finals and applaud their achievement. I am sure that this valuable experience will encourage these young Rhode Islanders to remain engaged with government and public policy issues in the future.

Mr. President, earlier today I voted in favor of invoking cloture on the motion to proceed to S. 2207, the Pregnancy and Trauma Care Access Protection Act. My vote was not an endorsement of S. 2207 as it was introduced in the Senate. In fact, I have concerns about various aspects of the bill--including the $250,000 cap on noneconomic damages--and I anticipate supporting amendments to S. 2207 if the Senate has an opportunity to fully debate this legislation.

However, I do believe that reform of the medical liability system should be considered as part of a comprehensive response to surging medical malpractice premiums that endanger Americans' access to quality medical care by causing doctors to leave certain communities or to cease offering critical services, such as obstetrical care. For this reason, I voted for cloture on S. 2207 in an effort to move the debate forward.

Mr. President, this week, Frederick and May Ann Lippitt will be honored as recipients of Brown University's President's Medal.

The President's Medal is the highest honor a Brown president may bestow, and honors a person who has achieved distinction in a particular field, including education, scholarship, public service, the arts or philanthropy. It has been awarded seven times since its origination in 1994.

Fred Lippitt has spent more than four decades working on behalf of Brown, including 25 years as a lifetime Fellow, offering his expertise on countless committees spanning every aspect of university life.

Fred has given a lifetime of public service, including service as an elected member of the Rhode Island House of Representatives from 1961 to 1983, and as its minority leader for 10 years. He served as director of the State Department of Administration, as a Providence Housing Court Judge, and as the chairman of the RI Board of Regents for Elementary and Secondary Education.

Mary Ann Lippitt, as the founder of Lippitt Aviation and a leader in a wide array of nonprofit and charitable organizations, has been a pioneer in demonstrating the role that women can play in business and community affairs, and she has inspired a generation of influential Rhode Island women. She has been a consistent supporter of women's athletics, including her own years as an Early Bird Swimmer. This is a testament to her commitment to ensuring a rewarding college experience for Brown's student athletes.

This award is well deserved. Fred and Mary Ann have been consistent advocates for the education and well-being of all citizens, working for equality, opportunity, and assistance for those striving to advance through education. They are widely admired not only at Brown but throughout Rhode Island for contributing to the betterment of our State.

I know my colleagues join me in saluting Frederick and Mary Ann Lippitt on this achievement.

Mr. President, today I will vote in favor of invoking cloture on the motion to proceed to S. 2061, the Healthy Mothers and Healthy Babies Access to Care Act. My vote is not an endorsement of S. 2061 as it was introduced in the Senate. In fact, I have concerns about various aspects of the bill including the $250,000 cap on noneconomic damages and I anticipate supporting amendments to S. 2061 if the Senate has an opportunity to fully debate this legislation.

However, I do believe that reform of the medical liability system should be considered as part of a comprehensive response to surging medical malpractice premiums that endanger Americans' access to quality medical care by causing doctors to leave certain communities or cease offering critical services, such as obstetrical care. For this reason, I will vote for cloture on S. 2061 in an effort to move the debate forward.

Mr. President, I am pleased today to draw the Senate's attention to a public servant who has given meritorious service to Rhode Island and to the Nation.

Since 1981, Albert W. Billington has been a Special Agent with the Naval Criminal Investigative Service (NCIS). In December, Mr. Billington will retire from the NCIS. He leaves a record of achievement, and his service will be missed.

Al Billington graduated from Northeastern University in 1977 with a bachelor's degree in Criminal Justice. Beginning his career as a Special Agent, his first assignment was the San Francisco office where he investigated general criminal matters. Just 2 years later, he began a one-year assignment as the Special Agent Afloat aboard the USS Enterprise (CVN 65). During the tour, he led several high-profile investigations while the ship and battle group were deployed in the Western Pacific, and for this he received the NCISRA San Francisco Special Agent of the Year Award for Distinguished Service.

Later, Mr. Billington graduated from the Department of Defense Polygraph Institute in Anniston, AL, and was reassigned as a Special Agent Polygraph Examiner to the NIS Northeast Region Polygraph Site in New London, CT. He rose through the ranks first as the Site Manager and later as the Special Agent in Charge of The Polygraph Office.

As Division Head at NISHQ, he conducted oversight of all polygraph matters for the Department of the Navy.

In 1994, Al Billington was appointed Assistant Special Agent in Charge of the Northeast Field Office in Newport, RI, handling all criminal and fraud investigations.

In 1997, he was promoted and reassigned as the Special Agent in Charge of the NCIS Middle East Field Office in Bahrain. He served with distinction during this time of heightened alert and terrorist activity and was awarded the Navy Superior Civilian Service Award by VADM C.W. Moore, Commander Fifth Fleet, USN.

Two years later, he was transferred to NCIS Headquarters and served as the Deputy Assistant Director for Investigative Support.

In 2001, Mr. Billington assumed his present position as the Special Agent in Charge of the NCIS Washington, DC, Field Office.

Upon his retirement, Mr. Billington will be returning to his home in Portsmouth, RI, spending time with his wife, Bonnie, and son, Matthew.

I join with Al Billington's colleagues in expressing thanks for his dedication and valuable service to our Nation, and in wishing him success in all his future endeavors.

Mr. President, today the Senate is voting on H.R. 1828, the Syria Accountability Act. I would like to explain to my colleagues why I will be voting against this legislation.

As chairman of the Foreign Relations Committee's Near East Subcommittee, I have come to appreciate the great importance of U.S. leadership in working to restart the Middle East peace process. In recent visits to the region--the West Bank, Jordan, Iraq, Turkey and Afghanistan--I heard a uniform chorus in these Arab and Muslim nations that active United States involvement was urgently needed to halt the continuing violence between Israel and the Palestinians. I regret that this administration has not actively responded to these pleas for peace.

I have also learned that our disinterest in becoming involved in Middle East peace has contributed to the sharply declining image of the United States in the Arab/Muslim world. Indeed, according to the recently released report of the Advisory Group on Public Diplomacy for the Arab and Muslim World--``the Djerejian report''--hostility toward America has reached shocking levels, and the bottom has fallen out of Arab and Muslim support for the United States. The report also documents that ``large majorities in the Arab and Muslim world view United States policy through the prism of the Arab-Israeli conflict.''

I am troubled by these developments and fear that the administration's emerging hard line toward Syria, in addition to passage of this bill, will only add fuel to this fire. It is true that the Syrian Government can do more to work with the United States in combating terrorism in the region, and the administration has made some very clear requests of the Syrian Government. But if Syria does not respond to our requests, most, if not all, of the sanctions contemplated by the Syrian Accountability Act can already be imposed by the administration. This means that a bill that is widely perceived as a crackdown against Syria has little substantive effect. Indeed, Patrick Clawson of CSIS testified to our committee last week, ``Some might say that the act is largely symbolic, but do not underestimate the importance of symbols.'' And that concerns me, because the symbol of the United States as cracking down on an Arab nation ultimately harms our interests in many very important parts of the world.

So in reality I would describe this bill as a ``lose-lose'' for the United States: We're getting little additional muscles against Syria while further antagonizing the Arab world. I urge my colleagues to vote ``no'' on this bill.

I am grateful to my colleagues on the Appropriations Committee, Senator Bennett and Senator Kohl, for giving us an opportunity to discuss this matter on the floor. Let me just underscore a few of the points that Senator Reed has made.

First, everyone involved with this situation agrees that depopulation is the best strategy for dealing with the problem. The Rhode Island Division of Agriculture, the State Veterinarian, and the farmer favor depopulation and disinfection. And I understand that APHIS has been successful in taking this approach with poultry operations in Virginia and Texas.

Second, it is evident that without some compensation, the farm will face bankruptcy. Maintaining the viability of Rhode Island's family farms is a critical element of our efforts to preserve the state's character, as well as the natural landscape.

Third, I am told that in rare circumstances, low pathogenic forms of avian influenza can transform into high pathogenic organisms that pose serious threats to human health. Not surprisingly, the presence of avian influenza on American poultry and egg farms is a matter of grave concern to our trading partners. No one wants to give the virus and opportunity to mutate.

Given the risks associated with avian influenza and the clear evidence that the current protocol was not successful in containing the original Connecticut outbreak, I am anxious to find a solution to this problem. I thank the chairman and ranking member for working with us, and hope that language directing APHIS to provide the necessary financial assistance can be included in the bill.

Mr. President, I am pleased to be joined by my colleagues Senator Bond of Missouri and Senator Jeffords of Vermont in introducing legislation today that addresses an issue of great concern for our States and regions--the availability of Clean Water Act Section 319 funding for development and implementation of the Phase II Storm Water Program.

Stormwater runoff carries with it a host of contaminants as it runs over rooftops and lawns, parking lots and new construction sites, depositing nutrients, toxic metals, and sediments into downstream waterbodies. In many areas of the country, and particularly strongly urbanized areas, stormwater ranks high on the list of priority pollution sources impacting the water quality of our lakes, rivers, streams, and bays. As States proceed with development of the federally- mandated Phase II Storm Water Program to address critical stormwater runoff, the costs of implementing the requirements of the program are becoming a major concern for States and the municipalities.

At issue is whether funds provided to States through Section 319 of the Clean Water Act may be used for the purposes of developing and implementing the Environmental Protection Agency (EPA) Phase II Storm Water Rule that went into effect in March 2003. This issue is significant because the Phase II Program requires States to regulate stormwater discharges, which have historically been treated as nonpoint sources, as if they are point sources under the National Pollutant Discharge Elimination System (NPDES) Program. As a result, it is possible that federally-mandated State nonpoint source control programs, which have been funded by 319 monies in the past, may have to find new funding sources even as stormwater requirements are increased.

In recent years, the Environmental Protection Agency's Nonpoint Source Program has increasingly focused on impaired waters and stormwater-related concerns as the agency has moved toward a watershed- based approach. Although the Clean Water Act appears silent on the eligibility of Section 319 funding to address stormwater issues currently falling under the NPDES Program, EPA has thus far interpreted the Act to prohibit 319 funds from being used for implementation of the Phase II Storm Water Program. In recent months, a lack of clarity also exists on the use of Section 319 funding in geographic areas covered by the Phase II Program. Phase II applies to all populated areas of 1000 people or greater per square mile. In Rhode Island, nearly all of the state's impaired waters are included in Phase II areas. Given a strict EPA interpretation of the law, Section 319 funds could not be used in any of these areas.

Last year, the Senate approved and the President signed into law the Great Lakes and Lake Champlain Act of 2002 which contains a provision providing a one-year extension, during fiscal year 2003, for states to retain flexibility in using 319 funding for addressing their stormwater concerns. We are introducing legislation today that builds upon the fiscal year 2003 fix by providing permanent authority for states to use Section 319 monies for development and implementation of the Phase II Storm Water Program. Further, the legislation clarifies that 319 monies may be used in Phase II geographic jurisdictions.

The Phase II Storm Water Program is an important step toward protecting our Nation's waters from stormwater discharges, and striving for an integrated strategy in preventing, controlling, and reducing pollution entering our waterbodies. The legislation introduced today provides critical flexibility to States and municipalities as they continue to struggle financially with coming into compliance with the Phase II Program. I encourage my colleagues on the Environment and Public Works Committee, and in the Senate, to join us in expeditiously approving this important legislation. Thank you.