E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, APRIL 9, 2002 No. 37 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING who just gave the wonderful invocation called to order by the Honorable MAX PRESIDENT PRO TEMPORE that opened the Senate. CLELAND, a Senator from the State of The PRESIDING OFFICER. The It is my distinct pleasure to intro- Georgia. clerk will please read a communication duce our guest Chaplain and fellow The PRESIDING OFFICER. Today’s to the Senate from the President pro Texan, the Rev. Kirbyjon Caldwell. prayer will be offered by our guest tempore (Mr. BYRD). Reverend Caldwell is the Senior Pastor Chaplain, Rev. Kirbyjon Caldwell, Sen- The assistant clerk read the fol- of the Windsor Village United Meth- ior Pastor, Windsor Village United lowing letter: odist Church in my hometown of Hous- Methodist Church, Houston, TX. U.S. SENATE, ton. I thank him for opening with a PRESIDENT PRO TEMPORE, wonderful prayer this morning. Washington, DC, April 9, 2002. PRAYER Reverend Caldwell has led his church To the Senate: of approximately 14,000 members in The guest Chaplain offered the fol- Under the provisions of rule I, paragraph 3, southwest Houston for nearly 20 years. lowing prayer: of the Standing Rules of the Senate, I hereby appoint the Honorable MAX CLELAND, a Sen- He also delivered the invocation at the Almighty God, the supply and sup- ator from the State of Georgia, to perform President’s inauguration last January. plier of every good and perfect gift, the the duties of the Chair. Reverend Caldwell is an influential author and finisher of our faith, we ROBERT C. BYRD, and motivational leader in the Houston pause now, O God, to acknowledge President pro tempore. community. He is well known for his Your matchless goodness, greatness, Mr. CLELAND thereupon assumed zeal and compassion for people. As an and grace. We ask Your blessings upon the chair as Acting President pro tem- articulate and accomplished business- the distinguished Members of the Sen- pore. man, he has utilized his pulpit as well ate and their families. We decree and f as his business skills to develop suc- declare that no weapon formed against cessful faith-based community pro- them shall prosper. And we pray, O RECOGNITION OF THE ACTING grams throughout Houston. These ini- Lord, that You will continue to grant MAJORITY LEADER tiatives provide housing, job training, them inner peace, outer protection, The ACTING PRESIDENT pro tem- counseling, and other important serv- and power from on high. pore. The Senator from Nevada is rec- ices to needy residents throughout the As this great country deals with the ognized. community, truly demonstrating uncertainty abroad and occasional un- f Christian charity and brotherly love. predictability here at home, we find The social programs fostered by Rev- SCHEDULE grace, peace, and comfort in knowing erend Caldwell in Windsor Village have that You are a very present help in the Mr. REID. Mr. President, I will yield become models for faith-based initia- time of trouble. Grant the Senators momentarily to my colleague, the jun- tives throughout the United States. wisdom, discernment, and insight that ior Senator from Texas, whose pastor Reverend Caldwell came to the min- they will draft and pass legislation is our guest Chaplain today. istry truly from a calling and truly which will make America and the The Senate will be in a period for from his heart for he earned a master’s world a better place tomorrow than it morning business until 11 a.m. today. degree in business at the Wharton is today. We reverence and adore You, At 11 a.m., we will again begin consid- School at the University of Pennsyl- and we bless Your holy name. Let all eration of the energy reform bill, which vania, and he was a bond trader with a who agree say Amen. will be the 15th day we have been on firm in Houston and was doing well. this legislation. The Senate will recess, But something else nudged at him f as we normally do on Tuesdays, from while he was in the business field, and 12:30 p.m. to 2:15 p.m. for the weekly he decided that he wanted to be a min- PLEDGE OF ALLEGIANCE party conferences. ister. So he went back to Southern The ACTING PRESIDENT pro tem- Methodist University to get yet an- The Honorable MAX CLELAND led the pore. The Senator from Texas. other master’s degree, this time in the- Pledge of Allegiance, as follows: f ology. He serves on the boards of a range of community groups from the I pledge allegiance to the Flag of the THE GUEST CHAPLAIN United States of America, and to the Repub- Children’s Defense Fund to the MD An- lic for which it stands, one nation under God, Mrs. HUTCHISON. Mr. President, I derson Cancer Center. Reverend indivisible, with liberty and justice for all. rise to introduce properly the Pastor Caldwell is also the author of the book

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S2375

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VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2376 CONGRESSIONAL RECORD — SENATE April 9, 2002 ‘‘The Gospel of Good Success: A Road- the country have raised the question: NEED FOR A DOMESTIC ENERGY map to Spiritual, Emotional, and Fi- What if? Just this weekend, a dust POLICY nancial Wholeness.’’ storm reduced visibility to zero on a Mr. THOMAS. Mr. President, we are I have known Reverend Caldwell for a highway in rural southern Arizona. The prepared—I guess at 11—to move back long time. He is also a friend to Presi- result was a 26-car pileup. Another dust to the issue that has been before us dent George W. Bush. He is such an im- storm in Colorado caused a 30-car pile- now for 3 weeks, and that is energy pol- portant person in the Houston commu- up on Interstate 70. icy. It is probably one of the most im- nity, looked to by business leaders, What if a truck carrying hazardous portant issues that has been before the community leaders, and by the people waste had been involved in one of these Congress in this session and one of the in the community who need help. He is accidents? Less than a month ago at most important with which we will always there when called. I am very least five people were killed in a mas- deal. proud to welcome him to the Senate sive wreck caused by fog on Interstate Some important things have been this morning. 75 in northwest Georgia. That accident with us for a very long time, of course, f involved more than 100 vehicles, in- but now we find it even more impor- cluding 20 tractor-trailers. RESERVATION OF LEADER TIME tant as we have national security In February, three accidents in 1 day issues, as we have a need for economic The ACTING PRESIDENT pro tem- claimed the lives of five people in security, as the situation is changing pore. Under the previous order, leader- Miami-Dade County, all involving in the Middle East that is even more large trucks. The accidents were at- ship time is reserved. pressing than it was before. f tributed to human error. One of the issues that has been with We know accidents involving haz- us all along is the fact we have not had MORNING BUSINESS ardous waste can and do occur on our an energy policy. We have not had a highways and railways. We all remem- The ACTING PRESIDENT pro tem- policy that has directed the efforts in ber the Baltimore tunnel fire last year pore. Under the previous order, there the United States, which I think in which was caused when a train de- will now be a period for the transaction itself is probably one of the most im- railed. The resulting fire burned for 1 of morning business not to extend be- portant things we can do. It is hard to week, and an extremely dangerous acid yond the hour of 11 a.m., with Senators make decisions in the interim when was spilled in the tunnel. Baltimore permitted to speak therein for up to 10 there is no policy that says where we was closed basically for 3 days. We are minutes each and with the time equal- want to be and where we want to go. ly divided between the two leaders or very fortunate this accident was not worse. We need a policy so these interim deci- their designees. sions can add toward reaching the Mr. REID. Mr. President, I suggest Each year crashes kill over 5,000 peo- ple—that is, truck crashes—and injure goals we have in mind. the absence of a quorum. We have a very broad policy before The ACTING PRESIDENT pro tem- another 150,000 people. Over 50,000 peo- ple are killed in automobile accidents us. We have worked on it some in com- pore. The clerk will call the roll. mittee. Of course, the President and The assistant legislative clerk pro- each year. Large trucks are involved in multivehicle fatal crashes at twice the Vice President CHENEY have worked on ceeded to call the roll. a policy as well, the House has passed Mr. REID. Mr. President, I ask unan- rate of passenger vehicles. What if more of the trucks on our highways an energy policy, and the Senate is the imous consent that the order for the one which has not yet done the job we quorum call be rescinded. carried hazardous waste? How could we ensure the safety of our communities? really need to do. I am very hopeful we The ACTING PRESIDENT pro tem- Are local emergency teams fully pre- will come to the snubbing post and get pore. Without objection, it is so or- pared to respond when hazardous that done as soon as possible. dered. The Senator from Nevada. chemicals are released? A lot of things go into it. This has f The answer to all of those questions been covered, but I hope we are kind of TRANSPORTATION OF HAZARDOUS is obvious. reenergizing ourselves—no pun in- MATERIALS I can remember being in Ely, NV—I tended—as we come back from the re- have said this before—where I was vis- cess to talk about a broad energy pol- Mr. REID. Mr. President, if you iting one of my friends who I went to icy, one that modernizes and increases picked up a paper yesterday, you would high school with. He is a police officer conservation. We all want to find ways have seen stories about a transpor- in Ely. He picked up a teletype indi- to make better use of the energy we tation wreck again. It was all over the cating there was going to be a haz- have, whether it be coal, oil, or elec- television. It was all over the news- ardous load coming through his town. tricity. We need to modernize and ex- papers. There was a train wreck on He said: Why did they send me this? I pand our energy infrastructure, and as Sunday in Gainsville, VA, not far from would just as soon not know. I cannot things change we have to have an in- Washington. Five cars on the train de- do anything if something happens. frastructure, for instance in elec- railed, including two carrying propane, He does not know. They do not have tricity, as we move towards now hav- which is very explosive. Route 29—I the equipment. He is not trained. ing more of a market segment in gen- have traveled that road many times Last summer I introduced, and Con- eration. going to Virginia to watch my boy play gress passed, an amendment requiring If that is going to be done, then there soccer—was closed for several miles. the Secretary of Transportation to needs to be a transmission system that This is one of the main arteries bring- study the hazards and the risks to pub- moves the generation to the market. It ing people to Washington from Vir- lic health and safety, the environment, is a new thing for us, and we do not ginia. The train derailment not only and the economy associated with the have that. closed Route 29, but two nearby ele- transportation of hazardous chemicals We have to have some diversity and mentary schools were closed as work- and radioactive material. This report talk about and maintain diversity in ers tried to get the cars back on the should come soon. I am told it will be our supply so we begin to use renew- track and also put the propane back on finished in the next couple of months. ables. We need to find new ways of the railcars or remove them com- In the meantime, this is an issue about doing that. pletely. which we need to be concerned. These I will always remember a meeting in An emergency worker said if the accidents are serious. We have a dete- Casper, WY, years ago when someone train cars had rolled in the opposite di- riorating infrastructure, and we have said we have never run out of a source rection, they would have hit an above- more and more pressure being put on of energy because we continue to find ground gas line, and there would have this deteriorating infrastructure. and refine new sources. We will con- been a catastrophe. This is the third Serious accidents have happened and tinue to do that and indeed need to do train wreck on that stretch of tracks are going to continue to happen, and so. We need to improve and accelerate since 1997. we need to be aware of this. our environmental protection, of Over the past few weeks, several The ACTING PRESIDENT pro tem- course. Maybe most of all now, we need tragic accidents on highways around pore. The Senator from Wyoming. to strengthen our energy security.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2377 We have found ourselves, rightly or anyone interested in clean air, which how I see us moving forward. As I wrongly—I think probably it is not we all are, nothing is cleaner in pro- think the record will note, prior to the right—in a position of depending on ducing electricity than nuclear power. recess I filed an amendment on sanc- foreign imports for almost 60 percent of We have not figured out a way to deal tions against Iraq. The specific jus- our oil supply. Much of that oil supply with the waste. There is controversy on tification for that was my belief that, has come from the Middle East, and that. There are things we can do. We at a time when we are seeing the situa- continues to come from the Middle can find storage. Looking at what is tion in the Mideast erupt, we find our- East, and we find that less secure than done in Europe, they recycle from time selves in a position where we are im- in the past. to time. We can work those areas. porting over 800,000 barrels a day from Certainly that dependency on im- There is much that needs to be done; Iraq, a country where we are enforcing ported oil changes the decisions we can there is much that people need to agree a no-fly zone, putting the lives of our make, and all these factors go into to do to move forward on those goals. men and women at risk. At the same dealing with that. The one that prob- We find ourselves tied up over some of time as we are importing this oil, we ably deals with it most directly is the the elements. I hope we come together put it in our aircraft and use it to en- opportunity to increase domestic pro- and decide what it is we need to do and force the no-fly zone. As a consequence, duction, which has been one of the con- get on with it. in Iraq, Saddam Hussein generates a troversial areas on the energy bill. I am hopeful we can move quickly, cashflow that allows him to keep his In fact, the energy bill was taken out certainly to do the best we can. The Republican Guard well paid and obvi- of the committee. I happen to be on the House has already passed a bill and is ously contributes to Iraq’s capability Energy Committee. We did not have ready to go to conference. We can rec- of developing weapons of mass destruc- the opportunity to put together the oncile the differences. The administra- tion. bill. So the bill that has come to the tion is anxious to have an energy pol- The purpose of the amendment is to Senate is basically very oriented to- icy, to have an energy bill passed, and initiate a sanction against Iraq until ward conservation, toward renewables, is working with Congress to do some- such time as we can satisfy ourselves toward most everything except an in- thing to make it work while making that the U.N. inspectors have evalu- crease in domestic production. Now we our economy and environment strong- ated whether, indeed, Saddam is using have come to a point where we need to er. We have a lot of energy in our his oil money to develop weapons of take a look at that. It is very clear State. mass destruction. I may bring that up how much more important that is right The idea that if you produce and today. I have previously received from now than it was before. We see energy have access to public lands for multiple the majority leader a commitment prices going up. We see much more un- use, it suddenly ruins the land, is not that he would allow an up-or-down vote certainty in the Middle East. the case. We have seen over the years on that particular subject at a point in There are some good things as well. we can have multiple use. We can have time. I think this may be an opportune We see some new suppliers. We see production. We can have gas produc- time. more imports coming from Russia, and tion. We can have oil production. We The rationale for that is obvious. We hopefully some more stability there. can continue to have a decent environ- find ourselves in a position now where At the same time we now see insta- ment. Iraq has indicated it probably will ini- bility in Venezuela. We have seen in- We completed a study on a portion of tiate a curtailment of oil exports from stability recently in Iraq. So it be- land under consideration for wilderness that country for a 30-day period. We comes much more clear that over time in Wyoming called Jack Morrow Hills. can only ponder the results of that, as we really have to deal with this ques- One study showed there were oper- to what it will mean to the consumers tion of becoming less reliant on im- ations there some time ago, and the in the United States as we see our- ported energy. So that affects not only natural evolution had changed it back selves continuing to be dependent on our ability to carry on what we are to a natural place. We have to be care- foreign sources of oil. committed to do in the war on ter- ful. We have to use environmentally I want to take a moment here to dis- rorism—obviously that is one that re- sound procedures and techniques. We cuss where we are in the energy bill quires a great deal of energy—but I can do that. We are committed to do and my commitment to see us move think it is also very important and that. I am hopeful we can move for- forward on it. As you know, we have vital to our efforts to regenerate and ward. had a number of successful amend- strengthen the economy. The economy We have had support from veterans, ments. I think we have developed a cannot function without energy. from organized labor, from women’s stronger bill. I think it is appropriate I hope we can move more quickly in groups, from the Hispanic and Jewish to give a rundown on the current situa- resolving the issues before Congress. community, from Native Alaskans. Al- tion in the Mideast before I discuss The tax package has been completed by most everyone has been here. I had the that, and how that has increased the the Finance Committee. There are 150 pleasure of working with veterans who importance of moving an energy bill amendments pending. were here promoting energy policy. I off the floor. Hopefully, we do not have to struggle look forward to that. through all of those. Obviously, the As we return to energy at 11 a.m., I There is virtually no way to explain question of ANWR is out there. We hope our goal is to complete that as the situation in the Mideast. I will not need to deal with that. That could be soon as possible and move on to other go into the details, other than to high- perceived differently now than in the matters. light the effects it will have on the past because of continued pressure on I suggest the absence of a quorum. United States. the notion of imported oil. The ACTING PRESIDENT pro tem- While we were on our Easter recess, We have a great deal of work to de- pore. The clerk will call the roll. clearly the tinderbox in the Mideast velop more clean coal technology, as The assistant legislative clerk pro- exploded. In 2 weeks, we have seen 5 coal is one of the most plentiful domes- ceeded to call the roll. suicide bombers; we have seen some 29 tic resources we have. We have an op- Mr. MURKOWSKI. Mr. President, I Israelis killed, 100 wounded. The same portunity to become more efficient and ask unanimous consent the order for is true on the other side, the Palestin- effective in generating energy and elec- the quorum call be rescinded. ians. Israelis rolled into Yasser Ara- tric energy. We dealt with that a year The ACTING PRESIDENT pro tem- fat’s headquarters in the Palestine set- ago, particularly in California. pore. Without objection, it is so or- tlement when Prime Minister Sharon Wyoming is the largest producer of dered. declared, ‘‘Israel is at war.’’ coal. One of the real opportunities in f What did that do to the price of oil? coal is producing the low-sulfur clean It jumped, first $3 a barrel on Monday, coal, and transporting that energy to MOVING ON THE ENERGY BILL March 25, closed at $24.53; trading at other places. We can do more. Mr. MURKOWSKI. Mr. President, I $28, and it is going up over $30. The We have an opportunity to continue want to take a moment to discuss Iraqis are calling on the Arab States to making nuclear energy important. For where we are on the energy bill and use oil as a weapon—oil as a weapon,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2378 CONGRESSIONAL RECORD — SENATE April 9, 2002 Mr. President. Quoting from a state- counter U.S. sanctions and bombing. Plau- The plan was ‘‘long term,’’ Shahab says, ment issued by the ruling Iraqi Baath sible deniability is something Iraq . . . would and meant to be carried out a year or so Party: want to ensure, putting layer upon layer to later, in early 2001, after he had carried out hide their role.’’ another mission to take refrigerator motors If the oil weapon is not used in the battle Part of the justification for any future to the Taliban. Each motor had a container to defend our nations and safeguard our lives U.S. strike against Iraq may be the kind of attached holding an apparently important and dignity against American and Zionist information provided by the young-faced, liquid unknown to Shahab. He says he aggression, it is meaningless. nervous Iranian smuggler, now held in the doesn’t know if all nine operations men- Now Saddam announces a 30-day em- U.S.–protected Kurdish ‘‘safe haven’’ of tioned were similar to the boat plan, or com- bargo against U.S. consumption—basi- northern Iraq. pletely different. Some were to take place in cally a 30-day reduction of his output. Mr. Shahab spoke last weekend in an intel- Kuwait. New reports emerge that Saddam ligence complex run by the Patriotic Union The attack against a U.S. vessel, Shahab Hussein had planned to ram a suicide of Kurdistan (PUK), one of two rival armed recounts al-Majid and Khairallah explaining, was to be ‘‘a kind of revenge because [the tanker into a U.S. warship in the Per- Kurdish factions that control northern Iraq. He did not appear coerced to speak, and bore Americans] were killing Iraqis, and women sian Gulf. That came out of a Christian no physical signs that he had been mis- and children were dying ‘‘because of strin- Science Monitor story, which I ask treated since his arrest on May 16, 2000. gent UN sanctions, which the U.S. backed unanimous consent to have printed in Still, shaking nervously and swallowing re- most strongly. ‘‘They said: ‘This is the Arab the RECORD. peatedly, he at first refused to answer ques- Gulf, not the American Gulf,’ ’’ Shahab re- There being no objection, the mate- tions, saying that he was concerned about calls, referring to the large U.S. naval pres- rial was ordered to be printed in the his family’s safety in Iran. Two days later— ence in the area. The Iraqis knew that Shahab, with his le- RECORD, as follows: after learning that part of his smuggling his- tory and role in several killings had already gitimate Iranian passport and wealth of [From the Christian Science Monitor] been made public in the New Yorker maga- smuggler contacts, would have little trouble EX-SMUGGLER DESCRIBES IRAQI PLOT TO zine—he agreed to describe information that purchasing the common 400-ton wooden trad- BLOW UP U.S. WARSHIP he had previously withheld, about Iraq’s plan ing boats. He would have raised few eyebrows (By Scott Peterson) to target U.S. warships. sailing under an Iranian flag—the only ships Iraq planned clandestine attacks against ‘‘If this information is true, it would be in in the area, since UN sanctions prohibit such American warships in the Persian Gulf in the interest of the U.S., and of all the world, Iraqi trade. early 2001, according to an operative of Ira- for the U.S. to be here to find out,’’ says a Shahab was to rent or buy a date farm nian nationality who says he was given the senior Kurdish security officer involved in along the water at Qasba, on the marshy assignment by ranking members of Saddam the case. Kurdish investigators were initially Shatt al-Arab waterway that narrowly di- Hussein’s inner circle. skeptical of some parts of Shahab’s story. vides Iraq and Iran, just a few hundred yards The alleged plan involved loading at least But the investigators say they later inde- from the Iraqi port city of Fao. Using a pow- one trade ship with half a ton of explosives, pendently confirmed precise descriptions of erful small smuggling boat, he says he would and sailing under an Iranian flag to disguise the senior Iraqi officials Shahab says he met, have been able to reach Kuwaiti waters from Iraq’s role, using a crew of suicide bombers by cross-examining a veteran Iraqi intel- Qasba in just 10 minutes. to blow up a U.S. ship in the Gulf. ligence officer in their custody, and checking Iraqi agents were to provide the explosives The operative, who says he smuggled weap- other sources. and suicides squad; Shahab was to handle the ons for Iraq through Iran for Al Qaeda during Wearing a pale-green military jacket, boats and the regular crew. ‘‘The group that the late 1990s, says he was told that $16 mil- dark-blue sweat pants and worn plastic san- worked with me would sail the ship, and not lion had already been set aside for the as- dals, Shahab softly recounts how he smug- know about the explosives,’’ Shahab says. signment—the first of ‘‘nine new operations’’ gled arms and explosives for Al Qaeda and ‘‘When we crossed out of Iranian waters, we he says the Iraqis wanted him to carry out, the Iraqis. He at times flashes a boyish were to kill the crew, hand over the ship to which were to include missions in Kuwait. smile—the same disarming grin he uses in the suicide bombers, and then leave by a The first plot, remarkably similar to the images on a roll of film he was carrying smuggler’s way.’’ attack on the USS Cole on Oct. 12, 2000, was when arrested. Shahab also claims to be an The job, Shahab said, ‘‘was easy for me, I never carried out. The status of the other assassin. The photos—shown to the Mon- could start at any time.’’ Shahab said the nine operations remains unclear. itor—show Shahab killing an unidentified Iraqis told him they ‘‘had a lot of suicide The smuggler, Mohamed Mansour Shahab, man with a knife. He grins at the camera as bombers in Baghdad’’ ready to take part in now in the custody of Kurdish opponents of he holds up the victim’s severed ear. such an operation. Mr. Hussein in northern Iraq, says he was During a two-and-a-half-hour interview, But the plans were never finalized for first told of the role he was to play in the Shahab describes the origin of the plot to Shahab, and after delivering the refrigerator plan in February 2000—one month after an blow up U.S. warships, while his hands work motors to the Taliban, he was arrested in apparently unrelated attempt in Yemen to nervously. He received an urgent phone call northern Iraq in May 2000, with his roll of target a U.S. destroyer, the USS The Sulli- early in 2000, from a longtime Afghan con- film, as he tried to avoid Iranian military ex- vans, failed when the bombers’ boat, over- tact named Othman, who told him to go to a ercises going on along the border to the loaded with explosives, sank. Suicide bomb- meeting in Iraq. In February 2000, Shahab south. Though carrying a false Kurdish ers later succeeded in striking the USS Cole says he was taken to the village of Ouija, the identy card, his accent gave him away at the in Yemen, leaving 17 U.S. sailors dead and a birthplace of Saddam Hussein near Hussein’s last PUK checkpoint. Iraqi experts say that such a plot is plau- gaping 40-by-40 foot hole in the side of the clan base at Tikrit, in north central Iraq. sible, since Saddam Hussein’s multiple intel- warship. At the meeting, he says, were two influen- tial Iraqis, fellow clansmen of Saddam Hus- ligence services are sophisticated and smart. TERROR’S FOOTPRINTS ‘‘Anything is possible,’’ says Sean Boyne, sein: Ali Hassan al-Majid—Mr. Hussein’s If this Iranian smuggler is telling the an Ireland-based Iraq specialist, who writes powerful cousin and former defense min- truth, it would represent the first informa- regularly for Jane’s Intelligence Review in ister—and Luai Khairallah, a cousin and tion in nearly a decade directly linking London. ‘‘Certainly Saddam has gone to friend of Hussein’s notoriously brutal son Baghdad to terrorist plans. No evidence has great trouble to shoot down [U.S. and Brit- Uday. Mr. al-Majid is known among Iraqi surfaced to date that Iraq was involved in ish] aircraft’’ patrolling no-fly zones in Kurds as ‘‘Chemical Ali,’’ for his key role in the Sept. 11 attacks or the bombing of the northern and south Iraq, Mr. Boyne says. the genocidal gassing and destruction of vil- Cole. But President George W. Bush has de- ‘‘He has invested heavily in his antiaircraft lages in northern Iraq that killed more than clared Iraq part of an ‘‘axis of evil,’’ and system. He is eager to have a crack at the 100,000 Kurds in 1987 and 1988. makes no secret of his determination to end Americans.’’ The Iraqis said they considered Shahab to the rule of Saddam Hussein as part of his That impulse may also help explain the be Arab, and not Persian, and could trust ‘‘war on terrorism.’’ presence of a training camp at Salman Pak, him because he was from Ahvaz, a river city The last publicly known terrorism involve- a former biological-weapons facility south of in southwest Iran rich with smugglers and ment by Baghdad was a failed assassination Baghdad. It includes a mock-up Boeing 707 close to the Persian Gulf, Iraq, and Kuwait. plot against Bush’s father, former President fuselage, which Western intelligence agen- It is known as ‘‘Arabistan’’ because of the George H. W. Bush, during a visit to Kuwait cies believe has been used for several years number of Arabs living there. in 1993. The elder Bush orchestrated the 1991 to train Islamic militants from across the re- Gulf War against Iraq. NINE MISSIONS gion in the art of hijacking. A senior Iraqi ‘‘The Iraqis may have been waging war Al-Majid and Mr. Khairallah spoke of the officer who defected told The New York against the U.S. for 10 years without us even nine operations: We’ve allocated $16 million Times last November that the regime was in- knowing about it,’’ says Magnus Ranstorp, already for you,’’ Shahab remembers them creasingly getting into the terrorism busi- at the Center for the Study of Terrorism and telling him. ‘‘We start with the first one: We ness. ‘‘We were training these people to at- Political Violence at St. Andrews University need you to buy boats, pack them with 500 tack installations important to the United in Scotland. ‘‘Iraq may have fought, using kilograms of explosives each, and explode States,’’ an unnamed lieutenant general terrorism as the ultimate fifth column, to U.S. ships in Kuwait and the Gulf.’’ said. ‘‘The Gulf War never ended for Saddam

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2379 Hussein. He is at war with the United States. I go back to 1995. If the Senate passed MOVING ON THE ENERGY BILL We were repeatedly told this.’’ an amendment in the omnibus bill that Mr. MURKOWSKI. Mr. President, al- Still, the political situation Saddam Hus- would have allowed the opening of sein finds himself in today—in light of the though we have some significant issues example of decisive U.S. military action in ANWR, where would we be today? We left to decide, we need to close out Afghanistan—may not be as conducive to a would be in production. We would be electricity, climate change, tax provi- strike at the U.S. as it was when Shahab generating at least a million barrels sions, and increasing our domestic pro- says he first heard of the plan to blow up a more from domestic sources, elimi- duction. U.S. warship. In recent months, Boyne notes, nating at least a million barrels from As I stated in my opening statement, Iraq has engaged in a region-wide charm imports. Unfortunately, our former because of the manner in which this offensive to portray itself as a victim, and to President vetoed that bill. legislation has come before the Senate, build Arab and European support against The energy bill before us is one on any U.S. attack. Baghdad is even pursuing we have been forced to consider the warmer ties with Kuwait (at the Arab which we spent nearly 3 weeks. There measure without the benefit of the League summit last week) and with Iran, in is some criticism for the delay, but I committee deliberation and action an attempt to gain mileage from Iran’s anger remind my colleagues that we are tak- that ordinarily would accompany a bill at being listed as part of Washington’s ‘‘axis ing on an extremely difficult and divi- of this nature. We have had difficult of evil.’’ sive issue and dealing with it on the and divisive issues that should and While the Bush administration focuses on floor of the Senate as opposed to the could have been worked out in com- Iraq’s apparent pursuit of weapons of mass committee process. Since the debate mittee. It is debated here in this Cham- destruction—in the absence of UN weapons ber. It is not a question of laying blame inspectors, who were kicked out in 1998— started on this issue, we have disposed clues to Iraq’s true role may lie in the credi- of 49 amendments—21 offered by Repub- on one or the other. The point is, we bility of the 29-year-old smuggler from licans and 28 by Democrats. Working have to move on from where we are. Ahvaz. with my good friend, Senator BINGA- This bill can only be resolved by the Why is he talking now? ‘‘Afghanistan is MAN, I think we have moved in a re- amendment process. finished, so now I feel free to speak,’’ says sponsible manner. Recently, we have seen statements Shahab, who was given the name Mohamed That total, I might add, does not in- that the Republicans were stalling this Jawad by accomplices in Afghanistan. Asked clude the two amendments dealing bill because we had not offered an if he fears the wrath of senior members of ANWR amendment. It is my intention the regime in Baghdad, who still hold power, with judicial nominees, or several amendments that have been dealt with to offer an ANWR amendment this Shahab replies: ‘‘I lost everything. For many week. I regret that some on the other years I worked with assassinations and kill- off the floor. We have dealt with ex- side believe there have been delays. ing—it doesn’t make a difference to me.’’ tremely difficult amendments, includ- But I believe the Feinstein amendment ing CAFE, and specifically whether Mr. MURKOWSKI. Mr. President, is pending today. Of course, I antici- Congress should decide on new vehicle yesterday major oil producers in Ven- pate that we will proceed and there standards or leave that decision to ex- ezuela went on strike. Between Ven- will be an objection to moving off of it perts; whether Congress should impose ezuela and Iraq, nearly 30 percent of for any other reason. I have always be- our oil imports are at risk. And that is a renewable portfolio standard on some lieved the best way to move important nearly 12 million barrels today. electric producers or leave the decision legislation is to work through the less We also learned that Saddam Hussein on appropriate standards to the States; controversial issues first and then ad- has indicated a payment to the fami- whether the Federal Government dress the more difficult. lies of the Palestinian suicide bombers should continue the liability protec- I remind my colleagues that it was of roughly $25,000. Previously it was tion on nuclear powerplants—that is the majority leader, not the Senator around $10,000. That is a terrible incen- the Price-Anderson amendment—the from Alaska, who decided to spend the tive for terrorism. One has to wonder issue of reliability, and how best to en- entire first day of the debate on var- where he gets the cash. But you don’t sure reliability on our electricity grid; ious amendment provisions. We saw have to wonder very long because of ethanol; and whether to create a rea- those amendments which would not the $4-plus billion that the United sonable fuel requirement. necessarily have been resolved with States paid Saddam Hussein last year But there are still significant issues any significant advancing of the proc- for oil. left to decide. We need to close out the ess. But, nevertheless, I will not be- The Senate needs to remember that issues dealing with electricity. We need labor the manner in which this bill has Saddam is much more than just a to reach some agreement on the cli- moved forward. We have seen an ex- member of the axis of evil. He is an en- mate change provision in the bill. Of tremely difficult process on both sides ergy partner of the United States. course, we must address the tax provi- of the aisle in trying to balance a com- We now understand that Iraq, Libya, sions for renewable conservation, alter- prehensive and bipartisan bill that bal- and Iran have called for an OPEC oil native fuel efficiency and production. ances production, efficiencies, alter- embargo—an event that could cripple We must decide how best to increase native fuels, and conservation. the world economy. our domestic production of energy The problems associated again with With each passing hour, the Mideast sources since there are no real produc- the movement of the bill probably need grows more unstable, and the future tion provisions in the Daschle sub- a little identification as we work grows more uncertain. With each pass- stitute. through the process. ing day, the United States grows more The ACTING PRESIDENT pro tem- There were no committee reports or dependent on foreign sources of energy. pore. The Senator has used 10 minutes. committee-approved texts for anyone What does tomorrow hold? More f to work from. The substitute that was chaos and more bloodshed. The United brought about by the majority leader States has a role and an obligation to EXTENSION OF MORNING was kind of a moving target, and con- help lead the region to peace. I applaud BUSINESS tinued to be modified even after intro- the President for sending Secretary Mr. REID. Mr. President, I ask unan- duction. Even with that, we still deal Powell to personally supervise these ef- imous consent that morning business with moving targets. forts. But now more than ever we be extended until the hour of 11:30 The renewable portfolio amendment should turn our attention to here at today. offered by the manager on the other home. We need to look at the realities The ACTING PRESIDENT pro tem- side changed so many times before in- of how we are going to meet our energy pore. Without objection, it is so or- troduction that the majority whip needs with or without the Mideast. dered. didn’t really know—and I didn’t Given the choice, will we choose to Mr. MURKOWSKI. Mr. President, I know—whether we were talking about keep us dependent on foreign oil or will ask unanimous consent to speak for a standard of 8 or 10 percent or what- we choose solutions found here at home another 5 minutes to finish my state- ever. That does not form a basis for to lessen our dependence on imported ment. any kind of debate, and seriously com- oil, solutions within our borders free The ACTING PRESIDENT pro tem- plicates the ability of Members to draft from the chaos and uncertainty in the pore. Without objection, it is so or- amendments or know what they are Mideast? dered. voting on.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2380 CONGRESSIONAL RECORD — SENATE April 9, 2002 But I don’t want to belabor this be- School. She is the daughter of wonder- Not only did they have 3.5 million cause what we are attempting to do is ful parents, Fred and Katherine O’Con- people watching on television, 30,000 move this process along and bring up nor in Farmington, CT. people were packed into the the other amendments. We are cer- She will be going to Japan for a cou- Alamodome to watch the final game. tainly not looking to extend the debate ple of weeks, meeting with the Prime Many people would have predicted that on the issue or filibuster this bill Minister, the Speaker of the House, as could never have happened only a few through unlimited amendments. the Cherry Blossom Queen of the years ago. Why shouldn’t it be so? Any- Currently, as I have indicated, there United States. one who watched this remarkable team are roughly 150 known potential You can understand the source of from Connecticut as well as the other amendments remaining—roughly 100 pride in our office and in Connecticut top teams across the Nation—Ten- on the Democratic side and 50 on the that Elizabeth has been chosen as Con- nessee, Duke, Oklahoma; there are a Republican side. Virtually all of them necticut’s society princess crowned the lot of great women’s teams, the num- could and would have been dealt with Cherry Blossom Queen. We are very ber growing each and every year— within the committee process. But the proud of her. I know she will represent would certainly be impressed with the staff for both the majority and the mi- the State and the country very admi- quality of the play they have brought nority are working to eliminate this rably. In the last few years we had an- to the game. list. other queen, Shannon Kula of my of- Theirs is a wonderful, pure style of I pledge my support to improve the fice, also chosen the Cherry Blossom basketball combining accurate shoot- legislation before us and get a bill to Queen. People are beginning to wonder ing and flashy passing, as we have all the President as soon as possible. I if Connecticut has some fix, a hold on seen, and sound all-around play. For urge my colleagues to recognize the the cherry blossom queen festival. the women’s team, one of the strengths weight of this task before us as we push Nothing such as that has occurred. was the senior leadership. NCAA Play- through the agenda and do what is This is good fortune and good luck for er of the Year Sue Bird, along with her right for the Nation. the State of Connecticut. senior teammates Asjha Jones, Tamika I hope that as we start afresh after f Williams, and Swin Cash, have played our Easter recess we can come together NCAA WOMEN’S BASKETBALL together for 4 years—four remarkable and recognize the reality that this CHAMPIONS women. country is in peril over energy, that This last victory caps an incredible Mr. DODD. Mr. President, I rise collegiate career for these four women, the continued escalation of prices is today, along with my friend and col- going to hit the consumer and hit our including an unbelievable 136-and-9 league, Senator LIEBERMAN, to offer a record and two national champion- recovery, the prospects associated with Senate resolution commending the ships—rather phenomenal. Throughout the curtailment of imports from Ven- Connecticut women’s basketball team. ezuela and Iraq, which constitute 30 We have had a phenomenal season from the season, their familiarity with each percent of our oil imports, and the re- start to finish, with the crowning vic- other made it seem as though they sults of nearly 2 million barrels coming tory at the Alamodome in Texas, de- could read each other’s minds as they to a halt which we have depended on is feating the University of Oklahoma played on the court. All of us in Connecticut are deeply going to severely affect our economic just a few weeks ago. Their 82-to-70 vic- proud. Last Saturday, there was a pa- recovery. tory in the national championship rade in Hartford, CT. Literally thou- It has been estimated for every mil- game on March 31 capped one of the lion barrels of oil taken off the world most dominant seasons enjoyed by any sands of people on a bitterly cold day market, crude oil prices rise roughly $3 sports team in recent memory. showed up to express their admiration per barrel. Today’s price is roughly $27. The Huskie Women’s Basketball and pride in these wonderful players Obviously, we are looking at some- Team finished the season undefeated, and their coaches. where between $30 and $33 if, indeed, 39 and 0, becoming only the fourth Coach Geno Auriemma is truly a spe- this curtailment continues. women’s NCAA basketball team in his- cial individual and deserves some very It is time to recognize that indeed we tory to do so and one of a few teams special recognition. He has led this have some recourse. The recourse is to that have had multiple national cham- team to victory after victory and does reduce our dependence, and one way to pionships. There are only a handful so with a great deal of style, emotion, do that is obviously to look favorably that have had undefeated seasons and and feeling for these young women. He upon the ANWR amendment. national championships. arrived on the Storrs campus in 1985, at I thank the Chair and my colleagues The margin of victory of the UConn which time the Huskie team had expe- for the time. I yield the floor. team over the season was astounding. rienced only one winning season. He The PRESIDING OFFICER. The Sen- A historical 35 points was the average quickly turned the program into one of ator from Connecticut. margin of victory in the 39 victories the leading powerhouses in the Nation, f they had during the regular season. In and the pride of the people of Con- all my years—I know the Presiding Of- necticut has been swelling ever since. CHERRY BLOSSOM QUEEN Coach Auriemma has compiled over ELIZABETH O’CONNOR ficer is a fan as well of sports and bas- ketball—I never have seen anything 400 career wins at UConn including an Mr. DODD. Mr. President, my col- quite like this. Each game was not a unbelievable 272-and-17 record over the league from Connecticut is joining me question of whether or not they would last 8 seasons. This represents a run of on the floor, and we are going to spend win but by how much. A phenomenal dominance possibly unmatched in the a couple minutes talking about two group of young women, a phenomenal history of team sports competition. sources of State pride. I will very brief- coaching staff, they just did a terrific Under Coach Auriemma’s leadership, ly mention, before I talk about the job during the entire season. the Huskies have won 3 national titles, University of Connecticut women’s The accomplishments of this team go 12 Big East regular season titles, and 11 basketball team, that last Friday night far beyond their dominance on the hard Big East tournament titles. This year, the U.S. Cherry Blossom Queen was court. The Huskies have helped con- Coach Auriemma was named National crowned in Washington. We are very tribute to the greater cause of increas- Coach of the Year for the fourth time proud in my office to say Elizabeth ing the visibility of women athletes. in his career and the Big East Coach of O’Connor was chosen, by a random se- Nearly 3.5 million people watched the the Year for the fifth time in his ca- lection process, as the Cherry Blossom final game on ESPN, which represented reer. Queen of the United States. the largest audience for a college bas- Perhaps the most important example She is a staff assistant in my office. ketball game, men’s or women’s, in of Coach Auriemma’s philosophy is the She is a wonderful young woman who network history. Imagine, a few years way he has led these women to be win- is very accomplished in many ways. A ago, you would have been lucky to ners on the court and off as well. I summa cum laude graduate of Notre have a handful of people that might know the Presiding Officer will be im- Dame University from Farmington, show up for a women’s basketball pressed by this statistic. Coach CT, she went to Farmington High game. Auriemma has overseen a program that

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2381 boasts a 100-percent graduation rate for CONGRATULATING THE UNIVER- points a game—a remarkable achieve- the young women of his team. That is SITY OF CONNECTICUT’S WOM- ment. something to be emulated across the EN’S BASKETBALL TEAM ON But the true measure of the team, as country. The entire sports world could WINNING THE NCAA NATIONAL Senator DODD indicated, can’t be dis- learn a great deal from Coach TITLE tilled in numbers or records. You have Auriemma and his staff and the genera- Mr. DODD. Mr. President, I send to to look at the humans involved. The tion of UConn women’s players who the desk a resolution, S. Res. 232, and legendary Geno Auriemma, one of the have played for him. Athletes do not ask for its consideration. winningest coaches in college basket- need to sacrifice an education or other The PRESIDING OFFICER. The ball history, once again brought to- valuable things in life for the sake of clerk will report the resolution by gether a great group of talented and winning. If you set your sights on ex- title. hard-working young women and im- cellence, there is no telling how much The assistant legislative clerk read bued that team not just with the skills you can achieve in life and where ex- as follows: but with the team spirit and the to- cellence will come in every endeavor in A resolution (S. Res. 232) congratulating getherness that we saw on the court which you engage. the Huskies of the University of Connecticut perfectly and gracefully executed time for winning the 2002 NCAA Division I wom- and time again. Although some Huskies have gone on en’s basketball championship. Senator DODD referred to the four to excel in the WNBA, many others The PRESIDING OFFICER (Mr. seniors who are legendary and will re- have gone on to careers as physicians, CORZINE). Without objection, the Sen- main legendary in Connecticut for a lawyers, and educators. I know Coach ate will proceed to consider the resolu- long time to come: Sue Bird, Asjha Auriemma is extremely proud of the tion. Jones, Tamika Williams, and Swin alumni association that has come from The junior Senator from Connecticut Cash; and a great sophomore sensation, the teams he has coached over the is recognized. Diana Taurasi. They became an years. Mr. LIEBERMAN. Mr. President, it is unstoppable combination. I will say Let me also congratulate everyone with profound pride—and I suppose I with pride that the surge of success is involved in this incredible season. I should add provincial pleasure—that I starting to feel happily familiar to us, mentioned the four seniors on the join Senator DODD and all of our col- and we are very grateful for that. Over team: Sue Bird; Swin Cash; Diana leagues from Connecticut in the House the last 4 years, the UConn women’s of Representatives in introducing this Taurasi, a young woman, not a senior. team has gone 136 and 9, made three resolution, which is the legislative She was the most junior in age of the Final Four appearances, and claimed equivalent of wagging our tails and four Big East tournament titles in 4 starting five. I mentioned Asjha Jones howling like huskies at the Capitol years, along with the Huskies men’s and Tamika Williams. The starting dome. basketball team, which this year five is the only team in NCAA history We are very proud to salute the 2002 earned its 15th consecutive trip to na- where all five starting players are All- national champion University of Con- tional post-season play on the way to Americans. Sue Bird was on the first necticut women’s Huskies basketball the Elite Eight. The two make a truly team, two were on the second team, team, who, on March 31, capped a 39-to- triumphant tandem, that Huskies men one on the third team, and one honor- 0 season—a perfect season—the ninth or women have now won the national able mention. That has never been undefeated run in the whole history of college basketball championship in done before by a starting five on a bas- college basketball, with a victory over 1995, 1999, 2000, and 2002. ketball team. And the other players on Oklahoma in the title game. I suppose This is a great program, and we owe the team could easily have been a we should pay some respect and give a particular thanks and expression of starting team almost anywhere else, some sense of congratulations, even in pride to the athletic director of the and they contributed successfully to defeat, to our former colleague, David University of Connecticut, Lou Per- the success and overall efforts. They Boren, who is now the president of the kins, to coaches Geno Auriemma and include: Jessica Moore, Ashley Battle, University of Oklahoma. Jim Calhoun, and to all their staffs. Maria Conlon, Morgan Valley, Ashley This fantastic season leads me to re- Mr. President, this may give you Valley, and Stacey Marron. Thanks go peat a pressing question that oppo- some small sense of why Connecticut to Geno Auriemma and his associate nents of the UConn women’s basketball residents are as loyal to our Huskies as head coach, Chris Dailey, and Tonya team must have been asking all year, huskies are to their owners. We love Cardoza and Jamelle Elliott. which is: Who let the Huskies out? I the way this team came to play. We Senator LIEBERMAN and I are very think the answer might be the great love the way they brought out the best proud of this wonderful group of peo- Coach Geno Auriemma and his superb in our State. If I may say so, as Ameri- ple, these young players. They receive staff, who not only coached but led, in- cans, every day we pledge allegiance to a lot of support around Connecticut. spired, and mentored this extraor- the red, white, and blue; but during We have always had to export our dinary group of women to this extraor- basketball season in Connecticut, we sports allegiance, on a professional dinary season. This marks the third have a special place in our hearts for level, and in Connecticut you are ei- time that UConn women have leapt the white and blue alone. We are proud ther a Boston Red Sox fan or a Yankee above the rim of college basketball and that the rest of the Nation is catching fan. Some are now Mets fans. In foot- the first time in NCAA history that on. A record crowd of nearly 30,000 fans ball, you either support the Giants or any school has gone unbeaten on two turned out at the Alamodome in San the Patriots. In hockey, it is Boston, separate occasions. Antonio to watch the Huskies win the New York, or New Jersey. At the colle- Mr. President, you may remember— national title. That growing popularity giate level, the UConn men’s team, and I certainly do—a similar swell of is helping women’s college basketball pride when Rebecca Lobo and Jenn under Jim Calhoun, had a wonderful ascend to truly new heights. Rizzotti and company ran the table on I am proud to join with Senator DODD season, getting to the final eight, los- the way to the national championship and our colleagues in the House in in- ing to Maryland, and the UConn wom- in 1995. For years to come, student ath- troducing this resolution and in con- en’s team going on to the third na- letes around the Nation will be striving gratulating the UConn players and tional title in the last few years. to approach the perfection of this pro- coaches on their singular accomplish- While we don’t have a professional gram, and we in Connecticut are so ment and asking the Senate to do the sports team in our State, we have won- proud of it. same. We are filled with pride over the derful college athletics, and you can As Senator DODD indicated, five of honor the Huskies have brought to understand the great sense of pride we these great basketball players won All- Connecticut. all feel over this unique and special ac- American notice. They poured in more Two years ago, when Senator DODD complishment achieved by the UConn points than any other team in the Na- and I were here and I was honored to women’s basketball team. I know my tion and racked up an NCAA record av- give a similar speech saluting the colleague is here being supportive. erage margin of victory of more than 35 UConn men’s Huskies, I closed with the

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2382 CONGRESSIONAL RECORD — SENATE April 9, 2002 UConn cheer. I believe if I don’t do it tried ever since I have been in the Sen- bill, we need to pass an energy bill. I do today, there will be objections raised ate to get us to plan ahead, to lead our not like the bill the Senate is consid- under various Federal statutes. So here country to be self-sufficient in our en- ering. It has some big problems. We are it is: U-C-O-N-N, UConn, UConn, ergy needs. Unfortunately, the dis- trying to straighten out those prob- UConn. agreements have been too great and lems, and we have made some headway. Thank you. I yield the floor. Congress has not been able to come up Some of the amendments that have The PRESIDING OFFICER. Without with a plan that could be signed by the been adopted have improved the bill. objection, the resolution and the pre- President. When the price of gas at the pump amble are agreed to. Today we are not only talking about goes up 14 cents in the last 14 days, we The resolution (S. Res. 232) was economic security, we are talking cannot sit here and twiddle our agreed to. about something bigger, and that is na- thumbs. We cannot do it in good con- The preamble was agreed to. tional security. We must have an en- science. It is time for the Senate to get The resolution, with its preamble, ergy policy that begins to make our to work. reads as follows: country self-sufficient because we can There will be an amendment pending no longer allow 60 percent of our en- S. RES. 232 in the next 15 to 30 minutes. We need to ergy needs to be imported, especially Whereas the University of Connecticut complete that amendment and go to women’s basketball team won its second na- from countries that may or may not be the next one. It is very important. Part tional championship in 3 years by defeating there for us. of the bill will give tax incentives for the University of Oklahoma by the score of I do not know what it takes for the the small drillers, the 15-barrel-a-day 82–70; American people to get it. Iraq has just drillers, to stay in business so we will Whereas NCAA Division I Women’s Basket- said they are not going to export oil for have stability if the price goes below ball Coach of the Year Geno Auriemma’s 30 days. The United States uses 1 mil- $15 a barrel. These are small business team finished the 2002 season with a perfect lion barrels a day from Iraq and the people. They are not going to reopen a 39–0 record, becoming only the fourth NCAA world market. Every time a country Division I women’s basketball team to go well if they do not have some floor to says they are not going to produce, it help them stay in business and avoid undefeated; takes that oil out of the world market Whereas Sue Bird was chosen as the na- the cost of closing that well. That is tional women’s player of the year; and increases the price of gasoline at the reason many of the wells, that were Whereas Swin Cash was named the Final the pump and the cost to every factory closed when prices were $11 a barrel, Four Most Outstanding Player; to stay in business. have not been reopened. Whereas Sue Bird, Swin Cash, Diana We are in a war. There is no question If we can get all of the marginal Taurasi, Asjha Jones, and Tamika Williams we are in a war on terrorism. We are in wells pumping in this country, we will were selected as All-Americans; a war for the very freedoms on which equal the amount we import from Whereas the Huskies’ 35-point average our country was built. Religious diver- Saudi Arabia every day. If we drill in a margin of victory during the regular season sity in our country has been the beacon was the largest in NCAA Division I women’s very small part of ANWR, we can equal in the world for tolerance and respect the amount we import from Iraq every basketball history; of people with different views. That has Whereas the Huskies dominated this year’s day. That would be a significant step NCAA Division I women’s basketball tour- been attacked. toward our stability. We are in a war, and when we are in nament, averaging 83.3 points and a 27-point ANWR is an area the size of the State a war, it means we must make sure our margin of victory en route to the champion- of South Carolina. Part of it has vege- underlying strength is everything we ship; tation and is a wildlife preserve. The Whereas the high caliber of the Huskies in can make it. Part of our underlying part we are talking about drilling is both athletics and academics has signifi- strength is a ready supply of energy. 2,000 acres, about the size of Dulles Air- cantly advanced the sport of women’s bas- We must have a stable price for the en- port. We are talking about the size of ketball and provided inspiration for future ergy we consume in our homes, in our Dulles Airport and the State of South generations of young men and women alike; cars, and in our factories to keep the and Carolina. I think sometimes when I Whereas the Huskies’ season of unparal- jobs in our country. We should have done this 6 years ago. hear the environmentalists debate this leled accomplishment rallied Connecticut issue, they do not know about the new residents of all ages, from New London to We should have done it 4 years ago. We should have done it 2 years ago. But if techniques for drilling. We do not drill New Haven, from Hartford to Hamden, be- all over an area anymore. We used to hind a common purpose, and triggered a we do not do it now, we are remiss in wave of euphoria across the State: Now, our responsibility as leaders of this have an oil well about every 50 feet. We therefore, be it country. The President has called on do not do that anymore because we Resolved, That the Senate commends the Congress to send him an energy pack- have technology that allows us to go Huskies of the University of Connecticut age. We are debating an energy pack- down lower and spread out to get the for— age that has been passed by the House. oil without damaging the surface at (1) completing the 2001–2002 women’s bas- all. ketball season with a 39–0 record; and It is a balanced package. It increases production of oil and gas in our coun- We are talking about a very small (2) winning the 2002 NCAA Division I Wom- area that can be drilled, and it happens en’s Basketball Championship. try. It has renewable incentives so that we will have wind energy and research to be an area that does not have vege- The PRESIDING OFFICER. The Sen- tation. Two- thirds of the year it is ice, ator from Texas is recognized. into ethanol, soy fuel, and other prod- ucts we can renew. It encourages the and the road will not ever hit the dirt f building of more nuclear powerplants because it is an ice road. We will not harm the caribou. There was a study ORDER OF PROCEDURE which is a clean and safe energy. We will have more clean-burning coal. that came out from the Department of Mrs. HUTCHISON. Mr. President, I There are so many opportunities for the Interior that indicated there would ask unanimous consent to set the us to become self-sufficient, but until be harm to the caribou, but they were speaking order. I would like to have up we have an energy policy, we will not not talking about the bill we are going to 10 minutes to speak, after which be self-sufficient and we will be be- to address. The assumptions the De- Senator MILLER would like 10 minutes, holden to countries, such as Iraq, that partment made in the report are not in after which Senator FRIST would like are already cutting us off as I speak. the bill that the House passed. It is a 15 minutes. We cannot allow any country, even a totally different issue. They assume we The PRESIDING OFFICER. Without supposed friend, to have a veto over will be drilling in other parts of the objection, it is so ordered. our economic stability which, in turn, refuge which we will not. f is a veto over our national security. We We will be sensitive to the environ- cannot allow it, Mr. President. If we ment. We should also protect the na- ENERGY SECURITY do, we are not the leaders of our coun- tional security of our country. We can Mrs. HUTCHISON. Mr. President, I try that we should be. do both. Do we want to protect jobs rise today to talk about the need for an I am calling on the Senate to pass an and security in America, or do we want energy policy for our country. I have energy bill. Even if it is not a perfect to be beholden to foreign countries for

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2383 our energy needs which could shut young folks determined to eke out a source that we must be, as my moun- down factories, lay off workers, cause living without having to move to At- tain friend said, worried about. It is lines at the gas pumps, and cause eco- lanta; retired folks who did go to the not always pleasant and uplifting to nomic hardship in this country? That city to find work and then came back see this segment of our society. They is our choice, and the choice is before home as soon as they could. make us sad. Many of us—too many— us today: Are we going to choose to be There is also a percentage of people even refuse to see them. We refuse to self-reliant, like the greatest country from States such as New York and see them because we fear we may see on Earth at war, or are we going to Michigan who dreamed of retiring to ourselves to be the lonely elderly wait- rely on imports from countries that the sunshine of Florida, and did. Some ing, waiting for someone, anyone, to have already said they are going to cut found it a little crowded and then came knock on their screen door and, as us off? It is a no-brainer, Mr. President. on up to our area in north Georgia. We John Prine sings, say, ‘‘Hello in there.’’ It is a no-brainer. We must look out for call them halfbacks. They retired to The elderly are waiting for some- the interests of America. If we are Florida, then moved halfway back thing else, too. They are waiting for us going to be the beacon of freedom in home. Nothing wrong with Florida, to do something about their needs. So the world, this is part of our ability to mind you. They just enjoy the beauty far, they have waited in vain, each day protect that freedom. of our mountains. growing older and weaker and many We can do no less than pass an en- The point I am making is this is a dying. ergy bill, go to conference, and work great cross-section of folks, usually Do you know who we in Washington out with the White House the dif- equally divided between Republicans, are like? We are like those people in ferences we have. Let us put the par- Democrats, and Independents. It is the biblical story of the Good Samari- tisan differences aside and let us make where I do my focus groups, for free— tan who passed by the man in the ditch sure America has a balanced energy or not exactly for free: sausage, a bis- and refused to help him. We are no bet- policy. This includes conservation, re- cuit, and a cup of coffee. ter than they are. newable energy, electricity deregula- I suggest to both parties in Wash- Our elderly have always been the tion, more production in our own coun- ington who pay those enormous sums backbone of our society, and if we do try of oil and gas, and lessening the li- of money for focus groups and polling not give them some help soon, this Na- ability for nuclear powerplants, so we that there is a much cheaper way to do tion is going to get a permanent cur- will once again be able to build nuclear it, and I swear I believe it is just about vature of the spine. powerplants for clean energy. as accurate. Twenty-five centuries ago, Plato said The United States is not going to Anyway, the point I want to make is it best: States are as men are. They walk backward on protection of the en- over the recess I was in Mary Ann’s a grow out of the character of man—and vironment. We will never do that. We lot, and I processed a lot of informa- woman, I might add. are going to protect the environment, tion on the cross-tabs of my brain, you If we in the Senate are to be called and at the same time we are going to might say. civilized, decent, God-fearing and God- protect the national security of our One day, an old timer, so thin he was obeying, we who are so richly blessed country, if we do the right thing. mostly breath and britches, followed must meet this stark question of I hope my colleagues, who have come me out into the parking lot. That is human need. We must have a meaning- back from 2 weeks at home, have seen where you can have real private con- ful prescription drug benefit, and we the prices rise at the pump, have seen versations, usually with one leg must have it soon. the moms in SUVs who are taking propped up on the bumper of a pickup. I say to my fellow Senators, let us their children to school in carpools We have known each other all of our get our priorities in order. Sure, it was saying: My gosh, I cannot afford to fill lives. He stared deep into my eyes and important to pass campaign finance re- up my tank and pay $150; I cannot do he said: ZELL, I am worried about form, to try to take big money out of it. Hoyle. the political process. But is there any- No one says: Well, do not have an Hoyle Bryson is my uncle, kind of one who would argue it is more impor- SUV. If they have five or six children like a father since my dad died when I tant than a prescription drug benefit? and they are car-pooling, they are sav- was a baby. Hoyle has always lived Election reform, we are going to get ing a lot of money because they are next door. When I was a little boy, he back on that. I am for it, too. We need doing something that would take two played professional baseball in the to make the process easier, and we cars to do. They are also looking out minor leagues at far-away and exciting need to make it fairer. Fast-track for the safety of their children by hav- places such as Tallahassee, FL; trade, let’s debate it. It is important. ing heavier vehicles. Tarboro, NC; Portsmouth, VA. Most of These important time-consuming, The time is now. We have the oppor- his life he was a hunter and a trapper well-meaning pieces of legislation that tunity to pass an energy bill and put and worked as a lineman for the Rural will tie this body in knots and run out one more piece of our homeland secu- Electric Association. He is 88 years old the clock, are any of them close to rity in place. It is our responsibility, now, has lived alone for over 20 years dealing with the clear human need of a and I hope the Senate will step up to since his wife died. Once, a strong prescription drug benefit for our elder- the plate and do the right thing. mountain man, he now has diabetes, ly? I yield the floor. prostate cancer, recently had If someone tuned in to the debates in The PRESIDING OFFICER. Under angioplasty, and this week was both- this Senate since Christmas, they the previous order, the Senator from ered with a kidney infection. That once would conclude we care more about the Georgia is recognized. strong body is gradually growing weak- welfare reform of the caribou than we f er. do about the welfare reform of our el- So I am worried about Hoyle. I am derly. This is a life-and-death issue PRESCRIPTION DRUG LEGISLA- worried about Hoyle, even though he about our fellow human beings, for TION IS NEEDED TO HELP AMER- still makes his own garden and keeps a goodness’ sake. It is not about the fra- ICA’S ELDERLY passel of hound dogs, as he always has. gility of the tundra in some far away Mr. MILLER. Mr. President, there is I took him to the doctor a few weeks isolated place only a very few people a little family restaurant in my home- ago and stopped back with him at the will ever see. It is about the fragility of town of Young Harris, GA, that is drugstore to fill his prescriptions. They a human being’s last days on Earth. called Mary Ann’s. It is where the came to well over $100 and will only There is absolutely no reason, no rea- locals gather, and often some tourists, last him a couple of weeks. son except cheap political gamesman- to enjoy the north Georgia mountains. Hoyle, as do most of our elderly, lives ship, that we can’t have a prescription It is a good cross-section of folks: Blue- below what statistically is known as drug benefit before election day—no collar laborers who build houses and the lower poverty level threshold. This good reason, no acceptable reason at cut timber; teachers from the little is the group that is hurt most by taxes all. junior college up the street where I and especially by rising health care There are 11 prescription drug bills once taught, and may do so again; costs. They are a valuable human re- pending in this Senate today, all of

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2384 CONGRESSIONAL RECORD — SENATE April 9, 2002 which would be better than what we The PRESIDING OFFICER. Without research. The promise of stem cell re- have. With 54 different Senators listed objection, it is so ordered. search, for Parkinson’s disease, Alz- as cosponsors, that says to me a major- The Senator from Tennessee. heimer’s disease, diabetes, spinal cord ity of this Senate wants to do some- f injuries, autoimmune disorders, cardio- thing and do it now. All of the budget vascular disease—the promise of stem HUMAN CLONING proposals floating around out there in- cell research and the science can and clude money for a prescription drug Mr. FRIST. Mr. President, in the will progress with a ban on human benefit. coming weeks the Senate will consider cloning embryo experimentation. Both parties made this promise to legislation to prohibit human cloning. Most serious observers—I don’t want our elderly in the 2000 election. So why In advance of that important debate, do say all—agree that human reproduc- are we waiting? How much longer must which will center upon this intersec- tive cloning should be banned, must be we wait? How long are we going to con- tion of values, of ethics as it crosses banned. Indeed the legislation that will tinue to play this nonproductive, par- with science, many have begun study- come to this floor will ban reproduc- tisan, never ending ping-pong game of ing in a very careful way this complex tive cloning. It is dangerous and it is retribution and payback that takes up issue. unethical. so much valuable time and, frankly, A number of colleagues have come The question this body will be debat- makes us all look silly and petty? How forward and asked me, personally, ing is whether or not this ban on long will we keep using the antiquated about this issue, in part because of my human reproductive cloning should ex- rules that slow down everything to a medical background, but also in large tend to all human embryo cloning. The crippled snail’s pace, that on a regular part because they know I am a strong issue is not cloning of DNA, that is basis thwarts the clear will of the ma- advocate for and a strong supporter of going to continue no matter what; not jority of this body and instead sub- stem cell research, as long as that stem cloning of molecules, that is going to stitutes the tyranny of a minority? We cell research is conducted within a continue; not cloning of cells other should stop this dilatory dillydallying framework of a comprehensive, ethical, than cells that become or are an em- and put up a sign around here that says and moral oversight system. bryo, that is going to continue. That is ‘‘No Loitering.’’ The question I hear most is the fol- not yet fully understood and, in truth, We should cut down on some of this lowing: Can one truly be an advocate we have not debated the legislation on Presidential candidate posturing. I for stem cell research and, at the same this floor. But that will become appar- know you cannot do away with all of time, oppose human cloning experi- ent. it, of course. But you want to be a con- mentation? After an in-depth study of The House of Representatives has al- tender? Quit preaching and preening this issue from a policy standpoint, ready overwhelmingly passed strong bi- and produce. You want the well off to from the standpoint of being a Senator partisan legislation comprehensively show you the money? Show the not so and looking at that legislation as a banning human embryo research well off a prescription drug benefit. science, from a medical standpoint, I cloning experimentation and reproduc- To do that, you will have to say no to believe the answer to this question is tive cloning. Now is the time for the some of those high-priced political yes. Senate to do so. strategists, those consultants who Until now, the overall human cloning Those who favor human research couldn’t get elected dogcatcher them- debate has been presented almost as an cloning experiments often point to its selves, whose advice is always the absolute choice between, on the one potential to develop tissues that will same: Have an issue, not a result. hand, medical science and the hope for not be rejected. In fact, on the next chart—which I will not deal with Never compromise, never accept a half cures and, on the other, ethical re- today, but will come back to—are the of loaf of anything. straint. Remember FDR once said: This is an oversimplification that arguments, the overall claims that human research cloning, or human Try something. If it doesn’t work, try does not do justice to the clinical, sci- something else. But for God’s sake, try cloning research is necessary to pre- entific, philosophical, moral, ethical, something. vent immune rejection and is necessary and spiritual complexities underlying That is what I am trying to say. I for other reasons. this discussion. I am glad to see that a want Hoyle and all those millions like As a heart transplant surgeon, one number of my colleagues and people him in the land of plenty who have who spent many years of my life trans- around the country have not locked played by the rules and worked hard all planting hearts, this immune phe- into this false choice, but rather have of their lives to have some peace and nomenon is something I will come back stayed back to examine these in our hope in the twilight days of their last to the floor and talk about because it deliberations. years. is very important for us to address. Ad- After carefully considering all of the If this so-called center of democracy vocates for human embryo research evidence brought forward in hearings keeps piddling and procrastinating and cloning and so-called therapeutic em- and on the floor in support of human postponing this issue, I hope the Amer- bryonic cloning experiments say it will embryo research cloning experimen- ican people will rise up as did those increase the number of embryonic stem tation, after considering the medical fans at that football game in Cleveland cells. We will talk about that. They say progress being made and that will be and run both teams off the field. it will further basic biological knowl- The PRESIDING OFFICER. Under made through stem cell research, and edge. Again, we will come back and the previous order, the Senator from after considering the overwhelming talk about that as the debate proceeds. Tennessee is recognized. ethical concerns about human embryo There are facts that will need to be cloning experimentation, I conclude f presented. But moving away from the that a comprehensive ban on all human scientific standpoint, if you look at the ORDER OF PROCEDURE cloning is the right policy at this time. overall ethical and moral concern, it is Mr. WYDEN. For the purpose of a I intend to support legislation con- this: Regardless of our religious back- unanimous consent request, I ask to be sistent with this policy, and I will en- ground, most of us—maybe I should say recognized after the Senator from Ten- courage my colleagues to do likewise. many, but I believe most of us—are ex- nessee. As we move forward, one must under- tremely uncomfortable today with the The PRESIDING OFFICER. Without stand the fundamental fact that I hope idea of creating cloned human em- objection, it is so ordered. plays out over the next several days bryos, doing an experiment on them, Mr. WYDEN. I appreciate the gra- and weeks in the discussion. It is im- and destroying the human embryo. ciousness of the Senator from Ten- portant; that is, embryonic stem cell That is the state of the science. That is nessee, and I ask unanimous consent research and human embryo cloning re- the state of the art. that at this time morning business be search are not the same thing. Human If one supports human research or extended for 10 minutes so at the con- embryo research cloning—called thera- therapeutic cloning, given where we clusion of the remarks of the Senator peutic or research embryo cloning—is are today—our understanding of from Tennessee I can speak as if in an experimental technique often con- science—you are in support of purpose- morning business for up to 10 minutes. fused with but distinct from stem cell fully creating an embryo, of removing

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2385 the cells, and thereby destroying that significant research in animal models— then, as I do now, that salvage sales embryo. and again most people do not realize that eliminate public input, prohibit The other concerns which people will that we are talking about human legal appeal, and limit environmental talk about—although I think this is cloning experimentation creating analysis, are anathema to responsible the concern that most people will start human embryos. This research has not and effective forest management. Now, with—will be concerns about women’s even been conducted in animal models 6 years later, I rise in this Senate to health. Human cloning clearly will cre- at this juncture. Thus, I find no com- announce the cancellation of a particu- ate a market for women’s eggs. That is pelling justification for allowing larly important salvage rider timber going to create powerful incentives for human cloning, reproductive or re- sale and to emphasize that, in my view, women to undergo an intense regimen search, today. salvage riders are no way to do busi- of superovulation drugs and surgery, It is important also—and I will very ness in the natural resources field. with potentially devastating side ef- quickly go through this—to be clear I am pleased to be able to announce fects. that we are talking about a ban on re- this morning the cancellation of the As a physician and a policymaker productive cloning along with a ban on Eagle Creek timber sale in my home who struggles, especially since I have what is called research or therapeutic State of Oregon. From its inception, I come to Washington, with this inher- cloning, but it is all human embryo believed the Eagle Creek salvage sale ent tension between scientific progress cloning. But the bill allows other types was not subject to adequate review and and ethical concerns, I think there are of cloning research to continue—many that the planned logging would result two fundamental questions that this people do not realize that—whether it in excessive environmental damage. body needs to answer, and the Amer- is cloning to produce animals, cloning For more than 3 years, I have worked ican people need to answer: No. 1, does to produce plants, cloning any cell to prevent that damage. In July of 2000, the scientific potential of human em- other than a human embryo, cloning of I called on the Department of Agri- bryo cloning experimentation justify DNA and RNA, proteins or any other culture to convene an independent re- this purposeful creation of human em- molecule. In fact, I will not go through view team to analyze the threat. The bryos which must, by definition, be de- the entire list now. team found that, indeed, the sale did stroyed in the experiments? The second The point is, the cloning science con- pose a greater risk than anticipated to question is: Does the promise of human tinues. The ban is on the cloning of the the well-being of the Eagle Creek for- embryonic stem cell research—and, human embryo: the purposeful creation est. Today, I offer my thanks to Agri- again, this is separate from cloning—in of an embryo for human reproduction culture Secretary, Ann Veneman, who any way depend on the experimental or for experimentation and its ultimate followed through on her commitment research cloning, the human cloning destruction, which is what we are ban- to review the team’s findings, for research technique or tool? To both of ning today. choosing to implement them, and for those questions I answer no. I would indeed argue that any poten- effectively stopping the timber sale At this point in the evolution of this tial benefit of cloning should be carried that would have done significant envi- new science, I believe there is no jus- out—should be demonstrated in animal tification for the purposeful creation ronmental damage. models before going to the human The Eagle Creek sale is an example and destruction of human embryos in model. of a sale that should never have moved order to experiment with them, espe- I wanted to make the statement forward in the first place. At the core, cially when the promise and success of today based on my assessment of where section 318 salvage sales are inherently stem cell research does not—does not— we are. There will be plenty of time to flawed because they take the American depend on the experimental research debate this later. With that I will people, the public that we represent, cloning technique. As my colleagues close. out of the process of managing public know, I am a strong supporter of stem I want to say, once again, I will sup- land. As I thank the Secretary of Agri- cell—including embryonic stem cells— port legislation to ban all forms of culture for stopping this flawed sale research, as long as that stem cell re- human embryo cloning, reproductive, this morning, I call on the administra- search is conducted within an ethical research and therapeutic, when the tion to oppose further salvage riders. and moral framework. issue comes before the Senate. I, in- Those who would follow the failed Last August, President Bush outlined deed, will urge my colleagues to do Eagle Creek effort are no more likely a scientific and ethically balanced pol- likewise. to respect the health of the Nation’s icy that allows Federal funding, I yield the floor. forests or the wishes and needs of the through the National Institutes of The PRESIDING OFFICER. The Sen- Nation’s forest communities and stake- Health, for embryonic stem cell re- ator from Oregon. holders. search, using nearly 80 stem cell lines. f When the Government pursues nat- This has, indeed, opened the door to a FOREST MANAGEMENT ural resources issues with no oppor- significant expansion of embryonic tunity for public comment, discussion, stem cell research within this ethical Mr. WYDEN. Mr. President, 6 years or appeal, the only result is distrust and moral framework. ago last month I gave my first speech and dissention. As chairman of the A lot of people do not realize today in the Senate Chamber. It dealt with Subcommittee on Forests and Public that there are no restrictions—whether an especially important forestry issue. Lands Management, on my watch I am there should be or should not be is not I continue to have significant interests going to do everything to work with the subject of the legislation that will in these matters as chairman of the my colleagues on a bipartisan basis to come to the floor—but it is important Subcommittee on Forests and Public avoid that kind of approach. to realize there are no restrictions on Land Management. I am especially pleased the county private research using embryonic stem In particular, as chairman of this key payments laws that I authored with cells from embryos left over after in subcommittee, I am committed to end- our colleague from Idaho, Senator vitro fertilization procedures. Thus, ing the tradition of suspicion and dis- LARRY CRAIG, are an example of how when you come to that argument of agreement that has characterized so the logjam over forest policy can be just having a technique which produces much of forest management over the broken. That is an approach that pro- more embryos, I would argue that decades. I am pleased to be able to an- vides for the ecological health of for- there is simply no compelling need for nounce this morning a development ests and also helps to ensure the eco- any other source of embryonic stem that takes a significant step in that di- nomic survival for scores of rural com- cells today. rection. munities. Our county payments legisla- The state of the science and the state In March of 1996, what brought me to tion helps widen the way for a real dis- of the research we will be addressing this floor was my opposition to the so- cussion of forest management policy again on the floor as we go forward. called salvage rider, an approach that and an open discussion that must con- But given the serious ethical concerns allowed timber sales to jeopardize the tinue. on human embryonic cloning research, health of the forests in my home State I come to the floor this morning to given the fact that there is a lack of of Oregon and elsewhere. I believed reaffirm my commitment to new and

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2386 CONGRESSIONAL RECORD — SENATE April 9, 2002 inclusive approaches to addressing the Israel cannot be expected to place a happening? I believe there is a hidden issues of forest management. limit on her own self-defense or end her agenda, and that hidden agenda is to The administration has now made effort to capture terrorists so long as drive out the Jewish people and create the right decision on Eagle Creek. It is fanatics on the Palestinian side con- a Palestinian state, which includes time to halt the destructive practice of tinue to plot and carry out these at- Israel. This has been the Palestinians’ salvage sales around this country. tacks. historic quest. Many of us hoped that I look forward to working on a bipar- Indeed, some 30 years ago, I recall through the Oslo process this quest tisan basis with our colleagues and hearing former Israeli Prime Minister could have been changed. But I am in- with the Secretary of Agriculture to Golda Meir say: creasingly beginning to believe it has promote a balanced forest policy that We are not going to die so the world will not been changed. protects the remaining old growth in think well of us. It may be unreasonable to expect our national forests. An overwhelming majority of the that Arafat will be 100 percent success- I yield the floor. Israeli people still feel the same and ful in bringing Hamas and the Islamic I suggest the absence of a quorum. believe as I do that Israel has a legiti- Jihad totally under his control. But he The PRESIDING OFFICER. The mate right to self-defense. can control Fatah and the Al Aqsa bri- clerk will call the roll. Forces under the control of Yasser gades and the Tanzim. So far, it is im- The legislative clerk proceeded to Arafat have been directly involved in possible to make the argument that he call the roll. perpetrating the recent wave of deadly has even tried. We must remember that Mr. REID. Madam President, I ask terrorist attacks against Israeli civil- Yasser Arafat has rejected all Israeli unanimous consent that the order for ians. Many of these attacks have been peace plans, and he rejected General the quorum call be rescinded. The PRESIDING OFFICER (Mrs. carried out by Arafat-affiliated groups Zinni’s recent cease-fire plan, which such as the Al Aqsa Brigade, recently Israel accepted. CLINTON). Without objection, it is so ordered. designated by the State Department as General Zinni went to the Palestin- a foreign terrorist organization, and ians and said: What do you need? He f the Tanzim. These are parts of his own then went to the Israelis and said: EXTENSION OF MORNING military apparatus. What do you need? He then put them BUSINESS During the week of Passover, 46 together and presented each with a Mr. REID. Madam President, I advise Israelis were killed and more than 120 cease-fire plan. The Israelis accepted Members that we are now working on a wounded. In March alone, 125 Israelis it; the Palestinians did not. So one unanimous consent agreement to have were killed in the attacks which cul- must believe the Palestinians could a vote at probably about a quarter to 3 minated in the bombing of the Pass- stop this violence if they wanted. today. We should have something on over ceremony in Netanya. Israeli soldiers are now going door to that as soon as the Senator from Cali- According to documents recently door. If they retreat, I believe it will be fornia completes her speech. I ask seized by the Israeli military from Pal- back to the suicide bombing as usual. unanimous consent that morning busi- estinian Authority headquarters, one In the past 2 weeks, there have been no ness be extended until we recess today of Arafat’s top advisers who works out suicide bombings, since the last bomb- at 12:30. of his office is directly involved in fi- ing on March 31 at the Haifa restaurant The PRESIDING OFFICER. Without nancing the illegal weapons purchases which killed 14 people. The Israeli De- objection, it is so ordered. and the terror activities of the Al Aqsa fense Forces, IDF, have arrested rough- The Senator from California. Brigade. This same Palestinian Au- ly 1,500 people and placed 500 on the Mrs. FEINSTEIN. Madam President, thority was directly involved in efforts wanted list. The Israeli Defense Forces I ask unanimous consent to speak in to illegally smuggle in more than 50 have captured more than 2,000 weapons morning business for the next half tons of arms from Iran a few months of various types, including thousands hour. ago. of guns and ammunition, 44 combat The PRESIDING OFFICER. The Sen- Arafat resumed using terror as a tac- vests and suicide belts, more than 60 ator is recognized. tic after he walked away from Israel’s pounds of high explosives, and nearly f historic peace concessions at Camp 50 rocket-propelled grenades and David in 2000. The offer placed on the launchers. They have captured night PEACE IN THE MIDDLE EAST table at Camp David may not have vision equipment and sniper rifles. The Mrs. FEINSTEIN. Madam President, been perfect, although I happen to be- IDF has also discovered 11 weapons and it has become very clear to me and to lieve it was excellent, giving the Pal- explosives laboratories. others that the linchpin of stabilizing estinians 96 percent of what they want- In the final analysis, if there is to be the Middle East and also to developing ed. They have not put an offer on the a peaceful resolution of the crisis, and an allied coalition of Arab nations in table. Rather, they have opted for vio- if there is to be a Palestinian state the war on terrorism is the resolution lence. alongside Israel, Mr. Arafat must make of the Israeli-Palestinian conflict. Un- Since the fall of 2000, Arafat and his every effort to take the measures nec- fortunately, in the past 2 weeks, while forces have engaged in hundreds of acts essary to bring the suicide bombing Congress has been on recess, we have of terror against Israel, principally tar- and this kind of violence to an end. seen an escalation of violence. I strong- geted at civilians. Arafat and other That is the responsibility he bears as a ly believe that Yasser Arafat must Palestinian officials have been directly leader if he wants to see his people shut down the suicide bombers or there involved in inciting violence against truly live in peace and freedom. will be no opportunity for peace in the Israel. Arafat and other Palestinian of- If Secretary Powell is unable to Middle East. ficials have been directly involved in make concrete progress in ending the The Crown Prince of Saudi Arabia ex- failing to thwart terrorist operations violence and moving the peace process pressed a vision for a peace plan. Sec- because they know how powerful those forward, I intend to move forward retary Powell is in the area to see if he operations are. shortly on an updated version of the can capitalize on this vision and re- Arafat and other Palestinian Author- Middle East peace compliance legisla- store peace and stability, at least to ity officials have been directly in- tion that I introduced with Senator get a cease-fire. His job is, indeed, a volved in releasing terrorist suspects MCCONNELL last fall. difficult one. rather than arresting them. Arafat and The stakes are enormous. As an edi- The suicide bombings are a potent other Palestinian Authority officials torial last Thursday in the Washington weapon and they have been precisely have been directly involved in failing Post—and I find myself strongly agree- calculated to destroy any chance for to confiscate the weapons of terrorist ing—stated: peace. Again, why? If these suicide suspects. It should not be hard to agree that a per- bombers cannot be stopped, the situa- All of these actions are required son who detonates himself in a pizza parlor tion can only deteriorate and the re- under the terms of peace agreements or a discotheque filled with children, spray- sult will only be full scale military he signed and to which he claims to be ing scrap metal and nails in an effort to kill conflagration. still committed. So why is all of this and maim as many of them as possible, has

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2387 done something evil that can only discredit ability of an Israeli State to stand side and lubricated, the commodity that is and damage whatever cause he hopes to ad- by side with the Palestinian State. often misunderstood, known as insur- vance. That Muslim governments cannot 3. No physical Palestinian right of re- ance, needs to be provided. agree on this is shameful evidence of their turn but just compensation as provided own moral and political corruption. If we are successful in getting the for in United Nations Resolution 194. parties to come together and the legis- And, 4. All suicide bombings stop or the lative branch and the executive branch The Palestinian national cause will never agreement is invalidated. of Government to come together on a recover—nor should it—until its leadership 5. A peacekeeping and monitoring of is willing to break definitively with the bill—this particular legislation that is bombers. And Muslim states that support the agreement by the United Nations being talked about has a gross omis- such sickening carnage will risk not just and/or the United States over the next sion; and that is, the consumer needs stigma, but their own eventual self destruc- 5-year period. to be protected from the rates being tion. If it is true that all Palestinians jacked up so high using terrorism as an So either terror ends or full-scale war want is their own state and govern- excuse. In fact, that is what we are al- begins. This is the way I see it. ment, then they shall have it. If it is ready beginning to see. We are seeing Hopefully, the world will respond. also true that what they really want is the rates of a number of liability, prop- Despite all that has happened, the the destruction of the State of Israel, erty, and casualty policies going United States can and should encour- then this will become crystal clear to through the roof as a result of the un- age Israel to sit down at the negoti- the world. Israel has a right to live in certainty of the climate set about by ating table for one final try. We should peace and security, within internation- terrorism. be responsible to get the Israelis to ally recognized borders, and only Arab There is an easy way to handle that, that table. But if the United States is States committed to peace can bring and if this body does get together on a to do so, the Arab world must also rise this to a peaceful end. terrorism insurance bill, then clearly it to the occasion and exercise this same The ongoing wave of terror threatens ought to have the protection that, control over Arafat and the Palestinian the survival of Israel as a free demo- first, the premiums collected for ter- terrorists. That should be the responsi- cratic and civilized society, and it risks rorism insurance not be mixed with the bility of the Arab world. engulfing the entire Middle East in premiums collected for liability, fire, I must say I was struck by the chaos and war. theft, slip and fall, and other activities. unhelpful nature of Ambassador Ban- Israel must fight against this terror, Why? If an insurance company needs to dar bin Sultan’s recent op-ed piece in just as we do, just as surely as the charge an additional amount for ter- the Washington Post. It seems to me if United States must fight and destroy rorism, and there is no experience or there is ever a time for responsible al-Qaida and the other terrorist groups data save for the September 11 experi- Arab governments to shut down suicide with global reach. And I firmly believe ence, we need to know how much is bombing as an acceptable tactic for the United States should stand by being charged so that the insurance anything and push Yasser Arafat into a Israel’s side in the quest for peace and commissioners of the 50 States will be cease-fire, real negotiations, and a security. able to build some data and see clearly peace plan, that time is now. Both the Madam President, I yield the floor. whether or not the amount of a pre- The PRESIDING OFFICER. The Sen- Saudis and the Egyptians are well mium being charged is, in fact, actu- ator from Florida. known for seeking and destroying ter- arially sound to support the threat of rorists or others who threaten them. f future insurance losses from terrorism. But they fail to allow Israel the right TERRORISM INSURANCE The commissioners need data and to do the same or to destroy the infra- they need experience and the only way, structure that organizes and arms the Mr. NELSON of Florida. Madam President, I wish to speak about truth from an accounting standpoint, they suicide bomber and recompenses the can accurately measure that is the pre- bomber’s family. Suddenly, those who in politics. Some people would say that is an oxymoron, but it is very much miums for terrorism insurance are kill and maim Israeli citizens are he- kept separate from all other premiums roes, as long as it is only Israelis they needed in this town. Truth in this town often gets mixed up with the excessive for the normal property and casualty kill. insurance cost. Some believe that the Saudis want to political partisanship that starts to have it both ways—support Americans raise its head when the hot contest on A second provision that is absolutely in our war against terror, and support an issue arises, and one such issue essential for the protection of the con- Yasser Arafat as he wages terror. Am- arose yesterday. The President took a sumer is that there be a cap on the bassador Bandar bin Sultan gives credi- swipe at the majority leader of the amount the premium can be raised. In- bility to this argument. Any premature Senate over the fact that the majority stead of these gargantuan rate hikes withdrawal of Israeli troops before leader was not bringing up legislation that are now occurring—some double they are able to seek out and destroy on terrorism insurance when, in fact, if and triple the amount that businesses the members of the terrorist network my memory serves me correctly, in the have paid in the past—there could be a must be replaced by a serious commit- closing hours before the Christmas re- much more modest rate hike. If that is ment of the United States and all mod- cess, it was the majority leader who not enough or if that is too much on erate Arab States to stop the terrorist brought up the terrorism insurance the basis of the experience—in other bombing. If it is not, then this coun- bill, and it was objected to by the mi- words, the payout for terrorism losses try’s war against terror will be mor- nority leadership, specifically the sen- in the future—the insurance commis- tally wounded by hypocrisy. ior Senator from Kentucky. sioners of the 50 States will be able to I suggest that Secretary Colin Powell Then yesterday, the Senator from have a record they can then figure out pick up the Saudi peace plan and place Nevada offered a unanimous consent whether that is too much or too little. it squarely on the table of world opin- request to bring up the terrorism in- Instead of taking advantage of the ion, with the following caveats: surance bill, and it was objected to by trauma of the climate of September 11, 1. Withdrawal of Israel to the 1967 the minority leadership of the Senate. we ought to put a cap in any legisla- borders and agreement to the creation I wish we would get our facts correct tion we pass on the amount the rates of a Palestinian State, to be condi- about who is doing what to whom and can be raised by insurance companies. tioned by: A, defensible borders; and, B, who is trying to bring legislation out Mind you, even though we think this a division of Jerusalem along the lines to the floor of the Senate. The fact is is applicable just to large buildings, of that proposed by President Clinton that the majority leader, as a number football stadiums, or public places that at Camp David. of Senators, thinks there is a legiti- might be on a target list of terrorists, 2. A 5-year phaseout of Israeli settle- mate problem as a result of September just wait. We are going to see in neigh- ments in the West Bank and the Gaza 11 with regard to being able to insure borhoods that happen to be near a nu- Strip. This is a difficult pill to swallow, high-value structures in uncertain clear plant the rates for homeowner in- but it is also one that has to be done if times of terrorism. Therefore, to keep surance policies and automobile insur- there is going to be true peace and the the engines of commerce properly oiled ance policies jacked up; thus, all the

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2388 CONGRESSIONAL RECORD — SENATE April 9, 2002 more reason why we need to separate U.S. ENERGY POLICY We are at war, and we continue to the premium that applies just to the Mr. BUNNING. Mr. President, I rise face economic uncertainty. Energy is a terrorism risk, as well as cap it for the today to talk about the current state key factor in both of these struggles, initial rate increase to pay for the ter- of energy in our country. and this means that the Senate abso- rorism insurance. We desperately need an energy policy lutely must take a cold, hard look at There is a third protection of the that will address the future of our en- ANWR. consumer that must be included in any ergy use. Now is the time for Congress The issue is too important to play legislation the Congress passes, and to get serious about passing a com- games with. It is too important for pol- that is the prevention of redlining or, prehensive energy bill. itics. Our Nation and our security are in other words, the prevention of say- I believe that in order to make at risk. ing: I am going to give you terrorism progress on this energy bill we need to The rules have changed. We need to insurance, but I am not going to give balance conservation and production. stop playing around on this issue and you terrorism insurance. In other Many of us in the Senate understand to have a straight up or down vote on words, there has to be a mandatory ob- that a balanced, sensible energy policy ANWR: No bluffs, no posturing, who- ligation that all policies be able to must boost production of domestic en- ever has the most votes wins. have the terrorism coverage. ergy sources as well as promote con- ANWR is the most promising domes- Those three particular points of pro- servation. The energy bill before us tic source of energy that we have. I be- tection of the consumer must be in leg- takes good steps toward striking this lieve it is indispensable to helping re- islation that comes out of the Senate balance. duce our dependence on foreign oil. and was suggested by the White House I look forward to the tax ideas com- Of course there are some in the Sen- yesterday but with no details: Point ing from the Finance Committee that ate who are desperate to stop us from No. 1, separate the funds from an ac- will further promote conservation and opening up ANWR. However, with more counting standpoint so we know how the use of alternative fuels. than 10 billion barrels of oil recover- much is going in to the insurance com- However, I still believe that this bill able from ANWR, I think we all need to pany for the terrorism risk; No. 2, cap remains too weak on production. More take a clear-headed look at it. the amount initially that can be raised must be done to increase our domestic ANWR has the potential to produce until some experience can be built up production if the Senate is going to over 1 million barrels a day. That is and data is available to see if the rate pass serious energy legislation. In- enough oil to replace the volume we creasing our production of energy is being charged for the terrorism risk is currently import from Saudi Arabia or absolutely critical in reducing our de- actuarially sound; and, No. 3, have a Iraq for more than 25 years. The oil pendence on foreign oil. that could be recovered from ANWR requirement that there be the manda- Right now we depend upon foreign tory coverage of the terrorism risk so could fuel Kentucky’s oil needs for the nations and the Middle East for nearly next 80 years. that there cannot be cherry-picking, 60 percent of our country’s oil supply. saying: We will cover you, but we will Drilling in ANWR provisions in the As most of us know, gasoline prices energy bill would make a huge dif- not cover your policy. have been increasing for the past sev- Then the public of America would be ference for our domestic consumption eral weeks. This causes me serious con- and would amount to an essential step well served. cern especially since the upcoming I yield the floor. toward ensuring our national security. summer months are when so many We have no choice. We must lessen our The PRESIDING OFFICER. The Sen- families take to the road for their an- ator from Maine. reliance on Saddam Hussein and others nual vacation. in the Middle East for our oil by ex- Ms. COLLINS. Madam President, I There are many reasons that gasoline ploring ANWR. ask unanimous consent that I be per- prices are rising. One reason is that Today the United States produces mitted to proceed for 5 minutes. OPEC countries have cut their oil pro- less than we did in World War II. In The PRESIDING OFFICER. Without duction since the end of 2000 by a total 1970, our oil imports constituted only objection, it is so ordered. of 5 million barrels of oil per day. An- 17 percent of our domestic consump- Ms. COLLINS. I thank the Chair. other is the increasing volatility in the tion. That is three-and-a-half times (The remarks of Ms. COLLINS per- Middle East. taining to the introduction of S. 2077 Gasoline prices have increased more less than what we import today. This are located in today’s RECORD under than 25 cents in just the last few dangerous trend must be reversed. ‘‘Statements on Introduced Bills and weeks. Higher gas prices will place a Furthermore, recent advances in Joint Resolutions.’’) strain on the American families’ budg- technology will enable us to extract oil et. in ANWR in an environmentally sen- f They raise the cost of goods and serv- sitive way. ices, and place an even greater burden America’s environmental safeguards are the toughest in the world. This RECESS on our economy just as it is showing signs of life. means that the drilling operations will The PRESIDING OFFICER. Under The need to increase our own produc- be conducted under the most com- the previous order, the Senate stands tion of energy is especially true after prehensive environmental regulations. in recess until 2:15 p.m. Saddam Hussein’s announcement yes- We all want to protect our environ- Thereupon, the Senate, at 12:36 p.m., terday that Iraq will cut off oil exports ment. If we do not do a better job de- recessed until 2:15 p.m., and reassem- for the next month to protest Israel’s veloping domestic energy, we will con- bled when called to order by the Pre- actions on the West Bank. He is also tinue to rely on foreign oil, oil from siding Officer (Mr. DURBIN). calling for an OPEC embargo on all oil other nations. These nations have Mr. REID. I suggest the absence of a sales to America. weaker environmental rules than we quorum. Before this announcement, the do. Under these weaker safeguards, the The PRESIDING OFFICER. The United States indirectly imported damage to the environment will be clerk will call the roll. nearly 780,000 barrels of oil a day from even greater than if we use ANWR. The assistant legislative clerk pro- Iraq. Saddam’s threat pushed the price I also think that our domestic pro- ceeded to call the roll. of oil and gas even higher. I think we duction should be increased through Mr. BUNNING. Mr. President, I ask need to ask ourselves whether we want the use of clean coal technology. I am unanimous consent the order for the to continue our dependence on other proud to come from a coal state. The quorum call be rescinded. countries led by people as dangerous energy bill provides a good start at in- The PRESIDING OFFICER. Without and unpredictable as Saddam Hussein. creasing research and development and objection, it is so ordered. Our national security has never been encouraging the use of clean coal tech- Mr. BUNNING. Mr. President, are we more important, and we must strength- nology. in morning business? en our energy independence to protect The proposed tax package will also The PRESIDING OFFICER. Yes, we ourselves from madmen like Hussein further increase incentives for the use are. and the politics of the Middle East. of clean coal technology. Clean coal is

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2389 important to increasing our domestic Landrieu/Kyl amendment No. 3050 (to the derivatives that are the intended energy production in an environ- amendment No. 2917), to increase the trans- target of her amendment. Like other mentally sensitive way. We have over fer capability of electric energy transmission metals, metals derivatives markets 275 billion tons of recoverable coal re- systems through participant-funded invest- help companies manage the risk of sud- ment. serves. This is nearly 30 percent of the Graham amendment No. 3070 (to amend- den and large price changes. world’s total coal supply. That is ment No. 2917), to clarify the provisions re- In recent years, derivatives and other enough coal to supply us with energy lating to the Renewable Portfolio Standard. so-called ‘‘hedging transactions’’ have for another 270 years. Reid amendment No. 3081 (to amendment helped the mining industry—especially Because of research advances, we now No. 2989), in the nature of a substitute. in the State of Nevada—cope with the have the know-how to better balance AMENDMENT NO. 3081 steadily declining gold price by selling conservation with the need for in- Mr. REID. Mr. President, I under- mining production forward. The last creased production. Let’s use this abil- stand that under the regular order we couple of years illustrate the function ity to come up with a good piece of en- would be on the Reid and Feinstein and the value in the marketplace of ergy legislation. amendments. such transactions. Yesterday’s announcement by Sad- The PRESIDING OFFICER. The Sen- Some companies decided not to dam Hussein should remind everyone ator is correct. hedge, betting that the gold price how vulnerable our economy and na- Mr. REID. Mr. President, I have spo- would rise and that hedging contracts tional security are to arbitrary deci- ken to the senior Senator from Cali- would lock them into below-market sions made by dangerous foreign dic- fornia. She is going to move to table prices. Most of these companies were tators. my amendment as soon as she com- hurt significantly because the gold For over two decades, we’ve hemmed pletes her remarks. I will, therefore, price stayed relatively low. and hawed about the need for America say just a few things. In contrast, other companies hedged to follow a sensible, long-term energy I, first of all, commend the Senator some or most of their production. strategy. If the threat of Saddam Hus- from California for her amendment and These companies have survived, and sein putting a gun to our head—again— for her work on this extremely difficult survived well, and some have even does not help us pass a bill, I do not issue dealing with derivatives regula- thrived. By choosing to manage their know what will. tion. risk, they accepted the risk that the I hope we are on our way to pro- To put this in proper perspective, I gold price could rise, but they sta- ducing a balanced comprehensive en- think we should look at the predica- bilized company performance, contin- ergy bill that increases production and ment in which Senator FEINSTEIN now ued to provide jobs, and continued to conservation and makes a difference finds herself. She represents 35 million contribute to the communities in Ne- for our national security. I hope that people, the largest State in the United vada where they are so important. we can move quickly to pass an energy States. This State’s gross domestic Unlike energy derivatives, which bill that will make our economy and product is larger than most nations. raise questions because of the recent national security stronger. The time is She knows specifically, but I think energy crisis, metal derivatives have now. California has the sixth or seventh I yield the floor. been traded over the counter for many The PRESIDING OFFICER. The Sen- largest gross national product in the years. The 2,000 amendments to the ator from Nevada. world. Commodity Exchange Act didn’t Mr. REID. Mr. President, are we on Last year’s energy crisis threatened change this; they only clarified and the energy bill at this time? California’s prosperity and brought confirmed the legality of these mar- The PRESIDING OFFICER. We are home to all of us that we are in un- kets. Lumping metal derivatives to- not. charted territory with regard to energy gether with energy derivatives would Mr. REID. Mr. President, I ask for deregulation. The State of Nevada ac- impose regulatory burdens that never the regular order. tually passed deregulation legislation. existed, even before the 2,000 amend- f I spoke to the legislature a year ago. ments, without any justification. Because of my suggestions and others, The amendment I have offered would NATIONAL LABORATORIES PART- they rescinded deregulation. But even not allow metals derivatives markets NERSHIP IMPROVEMENT ACT OF by that time certain things had been and participants to trade derivatives 2001 put in place. Nevada suffered, along without accountability and trans- The PRESIDING OFFICER. Under with California, with this energy crisis. parency. the previous order, the Senate will now Enron was the supposed leader in en- I hope, first of all, that my amend- resume consideration of S. 517, which ergy trading and markets. It makes me ment will be accepted. If there is a mo- the clerk will report. wonder how can we have a company tion to table, which I understand my The assistant legislative clerk read such as Enron in this country—a pub- friend is going to offer, I hope it will be as follows: licly owned company—that changes in defeated. A bill (S. 517) to authorize funding the De- 1 year from a high-flying, worldwide, The metal derivatives market has partment of Energy to enhance its mission mega company into a bankrupt loser. been going on for many years. I repeat areas through technology transfer and part- In the process, hundreds, if not thou- that unlike energy derivatives, which nerships for fiscal years 2002 through 2006, and for other purposes. sands, of people’s lives were ruined. We raise questions because of the recent have many congressional committees energy crisis, metal derivatives have Pending: now looking at what happened. A pros- been traded over the counter for many Daschle/Bingaman further modified years with absolutely no problem. My amendment No. 2917, in the nature of a sub- ecutor is also looking into criminal ac- stitute. tivities that probably took place. amendment is necessary to restore Feinstein modified amendment No. 2989 (to I think we all owe Senator FEINSTEIN metal derivatives trading to exempt amendment No. 2917), to provide regulatory a debt of gratitude for her interest in status, which is critical to the health oversight over energy trading markets and this issue and for the work in process of the mining industry. metals trading markets. to make changes to the Commodity Ex- Because of the low price of gold, the Kerry/McCain amendment No. 2999 (to change Act that will ensure trading mining industry has really struggled. amendment No. 2917), to provide for in- creased average fuel economy standards for and energy derivatives is done in the We have seen various articles, which I passenger automobiles and light trucks. open with transparency in a way that know the Presiding Officer is inter- Dayton/Grassley amendment No. 3008 (to inspires public confidence in the mar- ested in, which have indicated there is amendment No. 2917), to require that Federal ket. agreement that there needs to be a agencies use ethanol-blended gasoline and The amendment I have offered, and change in the 1872 mining law, which biodiesel-blended diesel fuel in areas in which she is going to move to table, has absolutely nothing to do with what which ethanol-blended gasoline and bio- would restore metal derivatives trad- I am talking about. But the mining in- diesel-blended diesel fuel are available. Lott amendment No. 3028 (to amendment ing to exempt commodity status. Sen- dustry has agreed that we need to go No. 2917), to provide for the fair treatment of ator FEINSTEIN’s amendment inadvert- forward with that. At a National Min- Presidential judicial nominees. ently included metals derivatives with ing Association meeting, Jack Gerard

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2390 CONGRESSIONAL RECORD — SENATE April 9, 2002 stated in the papers over the weekend ‘‘(A) IN GENERAL.—Except as provided in of the Federal Energy Regulatory Commis- that he agrees there should be changes. paragraph (6), a person or group of persons sion to regulate transactions under the Fed- That is something which we have ac- that constitutes, maintains, administers, or eral Power Act (16 U.S.C. 791a et seq.) or the knowledged and recommended and provides a physical or electronic facility or Natural Gas Act (15 U.S.C 717 et seq.). system in which a person or group of persons ‘‘(6) APPLICABILITY.—This subsection does have worked on for a number of years. has the ability to offer, execute, trade, or not apply to— The Presiding Officer worked with us confirm the execution of an agreement, con- ‘‘(A) a designated contract market regu- on this. tract, or transaction (including a trans- lated under section 5; or I hope with the many legislative action described in section 2(g)) (other than ‘‘(B) a registered derivatives transaction things we have to do that we can move an agreement, contract, or transaction in an execution facility regulated under section forward on this in a way that would excluded commodity), by making or accept- 5a.’’. bring about some stability to the min- ing the bids and offers of 1 or more partici- (c) CONTRACTS DESIGNED TO DEFRAUD OR pants on the facility or system (including fa- MISLEAD.—Section 4b of the Commodity Ex- ing industry. I look forward to working cilities or systems described in clauses (i) change Act (7 U.S.C. 6b) is amended by strik- with not only the Presiding Officer but and (iii) of section 1a(33)(B)), may offer or ing subsection (a) and inserting the fol- also with the manager of this bill, Sen- may allow participants in the facility or sys- lowing: ator BINGAMAN. tem to enter into, enter into, or confirm the ‘‘(a) PROHIBITION.—It shall be unlawful for any member of a registered entity, or for any AMENDMENT NO. 3081, AS MODIFIED execution of any agreement, contract, or transaction under paragraph (1) (other than correspondent, agent, or employee of any Mr. REID. Mr. President, I send a an agreement, contract, or transaction in an member, in or in connection with any order modification to the desk. excluded commodity) only if the person or to make, or the making of, any contract of The PRESIDING OFFICER. The group of persons meets the requirement of sale of any commodity in interstate com- clerk will report. subparagraph (B). merce, made, or to be made on or subject to The assistant legislative clerk read ‘‘(B) REQUIREMENT.—The requirement of the rules of any registered entity, or for any as follows: this subparagraph is that a person or group person, in or in connection with any order to of persons described in subparagraph (A) make, or the making of, any agreement, The Senator from Nevada [Mr. REID] pro- shall— transaction, or contract in a commodity sub- poses an amendment numbered 3081 to ‘‘(i) provide notice to the Commission in ject to this Act— amendment No. 2989, as modified. such form as the Commission may specify by ‘‘(1) to cheat or defraud or attempt to Mr. BINGAMAN. Mr. President, I ask rule or regulation; cheat or defraud any person; unanimous consent that reading of the ‘‘(ii) file with the Commission any reports ‘‘(2) willfully to make or cause to be made amendment be dispensed with. (including large trader position reports) that to any person any false report or statement, The PRESIDING OFFICER. Without the Commission requires by rule or regula- or willfully to enter or cause to be entered objection, it is so ordered. tion; any false record; ‘‘(iii) maintain sufficient capital, commen- ‘‘(3) willfully to deceive or attempt to de- The amendment (No. 3081), As Modi- surate with the risk associated with the ceive any person by any means; or fied, is as follows: transaction, as determined by the Commis- ‘‘(4) to bucket the order, or to fill the order At the end of the amendment add the fol- sion; by offset against the order of any person, or lowing: ‘‘(iv)(I) consistent with section 4i, main- willfully, knowingly, and without the prior DIVISION ll—MISCELLANEOUS tain books and records relating to each consent of any person to become the buyer in transaction in such form as the Commission respect to any selling order of any person, or TITLE I—ENERGY DERIVATIVES may specify for a period of 5 years after the to become the seller in respect to any buying SEC. ll1. JURISDICTION OF THE COMMODITY date of the transaction; and order of any person.’’ FUTURES TRADING COMMISSION ‘‘(II) make those books and records avail- (d) CONFORMING AMENDMENTS.—The Com- OVER ENERGY TRADING MARKETS. able to representatives of the Commission modity Exchange Act is amended— (a) FERC LIAISON.—Section 2(a)(8) of the and the Department of Justice for inspection (1) in section 2 (7 U.S.C. 2)— Commodity Exchange Act (7 U.S.C. 2(a)(8)) is for a period of 5 years after the date of each (A) in subsection (h)— amended by adding at the end the following: transaction; and (i) in paragraph (1), by striking ‘‘paragraph ‘‘(C) FERC LIAISON.—The Commission ‘‘(iv) make available to the public on a (2)’’ and inserting ‘‘paragraphs (2) and (7)’’; shall, in cooperation with the Federal En- daily basis information on volume, settle- and ergy Regulatory Commission, maintain a li- ment price, open interest, opening and clos- (ii) in paragraph (3), by striking ‘‘para- aison between the Commission and the Fed- ing ranges, and any other information that graph (4)’’ and inserting ‘‘paragraphs (4) and eral Energy Regulatory Commission.’’. the Commission determines to be appro- (7)’’; and (b) EXEMPT TRANSACTIONS.—Section 2 of priate for public disclosure, except that the (B) in subsection (i)(1)(A), by striking ‘‘sec- the Commodity Exchange Act (7 U.S.C. 2) is Commission may not— tion 2(h) or 4(c)’’ and inserting ‘‘subsection amended— ‘‘(I) require the real time publication of (h) or (j) or section 4(c)’’; (1) in subsection (h), by adding at the end proprietary information; or (2) in section 4i (7 U.S.C. 6i)— the following: ‘‘(II) prohibit the commercial sale of real (A) by striking ‘‘any contract market or’’ ‘‘(7) APPLICABILITY.—This subsection does time proprietary information. and inserting ‘‘any contract market,’’; and not apply to an agreement, contract, or ‘‘(3) REPORTING REQUIREMENTS.—On request (B) by inserting ‘‘, or pursuant to an ex- transaction in an exempt energy commodity of the Commission, an eligible contract par- emption under section 4(c)’’ after ‘‘trans- described in section 2(j)(1).’’; and ticipant that trades on a facility or system action execution facility’’; (2) by adding at the end the following: described in paragraph (2)(A) shall provide to (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by ‘‘(j) EXEMPT TRANSACTIONS.— the Commission, within the time period striking ‘‘section 2(h)’’ and inserting ‘‘sub- ‘‘(1) TRANSACTIONS IN EXEMPT ENERGY COM- specified in the request and in such form and section (h) or (j) of section 2’’; MODITIES.—An agreement, contract, or trans- manner as the Commission may specify, any (4) in section 5b (7 U.S.C. 7a–1)— action (including a transaction described in information relating to the transactions of (A) in subsection (a)(1), by striking ‘‘2(h) section 2(g)) in an exempt energy commodity the eligible contract participant on the facil- or’’ and inserting ‘‘2(h), 2(j), or’’; and shall be subject to— ity or system within 5 years after the date of (B) in subsection (b), by striking ‘‘2(h) or’’ ‘‘(A) sections 4b, 4c(b), 4o, and 5b; any transaction that the Commission deter- and inserting ‘‘2(h), 2(j), or’’; and ‘‘(B) subsections (c) and (d) of section 6 and mines to be appropriate. (5) in section 12(e)(2)(B) (7 U.S.C. sections 6c, 6d, and 8a, to the extent that ‘‘(4) TRANSACTIONS EXEMPTED BY COMMIS- 16(e)(2)(B)), by striking ‘‘section 2(h) or 4(c)’’ those provisions— SION ACTION.—Any agreement, contract, or and inserting ‘‘subsection (h) or (j) of section ‘‘(i) provide for the enforcement of the re- transaction described in paragraph (1) (other 2 or section 4(c)’’. quirements specified in this subsection; and than an agreement, contract, or transaction SEC. ll2. RECRUITMENT AND RETENTION OF ‘‘(ii) prohibit the manipulation of the mar- in an excluded commodity) that would other- QUALIFIED PERSONNEL AT THE ket price of any commodity in interstate wise be exempted by the Commission under COMMODITY FUTURES TRADING commerce or for future delivery on or sub- section 4(c) shall be subject to— COMMISSION. ject to the rules of any contract market; ‘‘(A) sections 4b, 4c(b), 4o, and 5b; and (a) IN GENERAL.—Section 2(a)(6) of the ‘‘(C) sections 6c, 6d, 8a, and 9(a)(2), to the ‘‘(B) subsections (c) and (d) of section 6 and Commodity Exchange Act (7 U.S.C. 2(a)(6)) is extent that those provisions prohibit the ma- sections 6c, 6d, 8a, and 9(a)(2), to the extent amended by adding at the end the following: nipulation of the market price of any com- that those provisions prohibit the manipula- ‘‘(G) PERSONNEL MATTERS.— modity in interstate commerce or for future tion of the market price of any commodity ‘‘(i) IN GENERAL.—The Chairman may ap- delivery on or subject to the rules of any in interstate commerce or for future delivery point and fix the compensation of any offi- contract market; on or subject to the rules of any contract cers, attorneys, economists, examiners, and ‘‘(D) section 12(e)(2); and market. other employees that are necessary in the ‘‘(E) section 22(a)(4). ‘‘(5) NO EFFECT ON OTHER FERC AUTHORITY.— execution of the duties of the Commission. ‘‘(2) BILATERAL DEALER MARKETS.— This subsection does not affect the authority ‘‘(ii) COMPENSATION.—

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2391 ‘‘(I) IN GENERAL.—Rates of basic pay for all guished Senator from Nevada has done, Hunts began accumulating silver back employees of the Commission may be set and which is essentially to eliminate met- in 1973, the price was in the $1.95 an adjusted by the Chairman without regard to als from the derivatives amendment ounce range. Early in 1979, the price the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. that is now pending. It is a second-de- was about $5. In late 1979, early 1980, ‘‘(II) ADDITIONAL COMPENSATION.—The gree amendment. It would continue the the price was $50, peaking at $54. Chairman may provide additional compensa- exemption for metals. Once the silver market was cornered, tion and benefits to employees of the Chair- I want to go into three cases and why outsiders joined the chase. But a com- man if the same type and amount of com- I believe metals should be included. bination of changed trading rules on pensation or benefits are provided, or are au- The first is the case called the New York Metals Market, COMEX, thorized to be provided, by any other Federal Sumitoma. It goes back to 1996. After and the intervention of the Federal Re- agency specified in section 1206 of the Finan- nearly a year of complaints by market serve put an end to the game. The price cial Institutions Reform, Recovery, and En- participants and regulated markets, forcement Act of 1989 (12 U.S.C. 1833b). began to slide. It culminated in a 50- ‘‘(III) COMPARABILITY.—In setting and ad- Sumitoma copper trading irregular- percent 1-day decline on March 27, 1980, justing the total amount of compensation ities ended up with the company losing as the price plummeted from $21.62 to and benefits for employees under this sub- a reported $4 billion and their main $10.80. paragraph, the Chairman shall consult with, copper trader pleading guilty to the The collapse of the silver market and seek to maintain comparability with, Japanese equivalent of market manip- meant countless losses for speculators. any other Federal agency specified in section ulation. The company is paying record The Hunt brothers declared bank- 1206 of the Financial Institutions Reform, fines to the United States and British ruptcy. By 1987, their liabilities had Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b).’’. regulatory authorities. grown to nearly $2.5 billion against as- (b) CONFORMING AMENDMENTS.— Sumitoma manipulation efforts oc- sets of $1.5 billion. And in August of (1) Section 3132(a)(1) of title 5, United curred in the over-the-counter and cash 1988, the Hunts were convicted of con- States Code, is amended— markets. Although observed by market spiring to manipulate the market. (A) in subparagraph (C), by striking ‘‘or’’; participants and markets, the Com- This is the point. These things have (B) in subparagraph (D), by adding ‘‘or’’ at modity Futures Trading Commission— happened. These are three big metals the end; and the CFTC—was nearly powerless to do cases. What we say is, put them within (C) by adding at the end the following: ‘‘(E) the Commodity Futures Trading Com- anything about it without the consent the Commodity Futures Trading Com- mission.’’. of the British regulator. mission antifraud and antimanipula- (2) Section 5316 of title 5, United States In the 30 days following the May 17, tion commission. Why give online trad- Code, is amended— 1996, collapse, the market dropped by ing platforms exemptions from trans- (A) by striking ‘‘General Counsel, Com- nearly 60 cents per pound—from $1.30 to parency? Why allow a commodity that modity Futures Trading Commission.’’; and 70 cents by the middle of June. isn’t being delivered from me to you (B) by striking ‘‘Executive Director, Com- In just the 8 months prior to the col- but traded back and forth to have no modity Futures Trading Commission.’’. lapse, U.S. consumers were over- (3) Section 5373(a) of title 5, United States transparency of any of these trades so Code, is amended— charged by nearly $2.5 billion in copper that no one can find an audit trail, no (A) in paragraph (2), by striking ‘‘or’’ at purchases because of the Sumitoma one can find the records, and no one the end; trader’s manipulation. can ever know what really happened? (B) by redesignating paragraph (3) as para- Once again, had the CFTC had the At the end of my remarks, I will graph (4); and authority—just modest authority—in move to table the Reid amendment. (C) by inserting after paragraph (2) the fol- our amendment, this fraud could have I will briefly talk about the energy lowing: been detected and dealt with much ear- derivatives amendment cosponsored by ‘‘(3) section 2(a)(6)(G) of the Commodity Exchange Act.’’. lier and without such a devastating Senators FITZGERALD, CANTWELL, (4) Section 1206 of the Financial Institu- economic impact. WYDEN, CORZINE, LEAHY, and BOXER, tions Reform, Recovery, and Enforcement We are simply including the anti- and the Presiding Officer. I am very Act of 1989 (12 U.S.C. 1833b) is amended by in- fraud and antimanipulation provision grateful for your support. serting ‘‘the Commodity Futures Trading of the CFTC, and applying it also to Our amendment is currently sup- Commission,’’ after ‘‘the Farm Credit Ad- metals as well as energy. ported by the National Rural Electric ministration, ’’. Let me cite a second one having to do Cooperative Association, the Deriva- SEC. ll3. JURISDICTION OF THE FEDERAL EN- with the Metalgeselschaft collapse in tives Study Center, the Sierra Club, ERGY REGULATORY COMMISSION OVER ENERGY TRADING MARKETS. 1993. This company was known as MG. the American Power Association, the Section 402 of the Department of Energy It was once a preeminent metals and American Public Gas Association, the Organization Act (42 U.S.C. 7172) is amended energy trader. It collapsed in late 1993, Texas Independent Petroleum Royalty by adding at the end the following: losing billions of dollars, costing thou- Owners Association, the Mid-American ‘‘(i) JURISDICTION OVER DERIVATIVES sands of employees their jobs, and en- Energy Holdings Company, the New TRANSACTIONS.— dangering the energy marketplace. York Mercantile Exchange, the Cali- ‘‘(1) IN GENERAL.—To the extent that the Commission determines that any contract After the collapse, analysis showed fornia Municipal Utilities Association, that comes before the Commission is not that MG’s derivative positions, over the United States Public Interest Re- under the jurisdiction of the Commission, the counter, in combination with the search Group, the Consumers Union, the Commission shall refer the contract to faulty strategy, contributed to the col- the Consumers Federation of America, the appropriate Federal agency. lapse. If the Commodity Futures Trad- the Apache Corporation, Calpine, ‘‘(2) MEETINGS.—A designee of the Commis- ing Commission, the CFTC, had at that Southern California Edison, Pacific sion shall meet quarterly with a designee of the Commodity Futures Trading Commis- time the authority contained in our Gas and Electric, the Silver Users As- sion, the Securities Exchange Commission, amendment to monitor large trader po- sociation—interestingly enough, they the Federal Trade Commission, and the Fed- sitions and ensure adequate net cap- are concerned; they want metals in eral Reserve Board to discuss— ital, the debacle could likely have been this amendment—the Commodity Fu- ‘‘(A) conditions and events in energy trad- avoided. It certainly would have been tures Trading Commission’s Commis- ing markets; and detected far before the collapse oc- sioner Tom Erickson, and all four Com- ‘‘(B) any changes in Federal law (including curred. That is point 2. These are ac- missioners of the Federal Energy Regu- regulations) that may be appropriate to reg- tual cases that have taken place. latory Commission, including its ulate energy trading markets. Point 3: The Hunt brothers and the Chairman, Pat Wood. ‘‘(3) LIAISON.—The Commission shall, in co- operation with the Commodity Futures silver bubble. In 1979, the sons of patri- Because of this support, the amend- Trading Commission, maintain a liaison be- arch H.L. Hunt, Nelson Bunker and ment has been filibustered by certain tween the Commission and the Commodity William Herbert, together with some Senators who don’t want to see it come Futures Trading Commission.’’. wealthy Arabs, formed a silver pool. In to a vote. The amendment has now The PRESIDING OFFICER. The Sen- a short period of time they had been on the floor for more than a ator from California. amassed more than 200 million ounces month. The leadership was forced to Mrs. FEINSTEIN. Mr. President, I of silver, equivalent to half of the file cloture last night to try to bring very much appreciate what the distin- world’s deliverable supply. When the this to a conclusion.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2392 CONGRESSIONAL RECORD — SENATE April 9, 2002 Some of the opponents continue to fraud and manipulation. I don’t think a result of the Enron exemption, there argue that this amendment is too com- this is confusing at all. Either we are is not enough transparency to know. plicated for them to understand. I once going to require energy trades to be Our amendment does not affect fi- again explain very simply what our transparent or we are going to con- nancial instruments at all. We have amendment does. The amendment pro- tinue to support loopholes, allowing cleared that up. Financial derivatives vides antifraud and antimanipulation some energy trading to be done in the already have a statutory exclusion authority to the Commodity Futures dark of night. under the Commodities Exchange Act. Trading Commission for all energy I want to point out that on this sim- Our amendment only deals with deriva- trades and metals where there is no ple proposal, just to close loopholes in tive transactions that involve energy physical delivery. the energy and metals markets, we or metal, the two commodities exempt- If I buy energy from you, Mr. Presi- have now spent 31⁄2 hours more of de- ed by the 2000 CFMA. dent, and you deliver that energy di- bate than this body spent considering This lack of transparency had impor- rectly to me, the Federal Energy Regu- the entire Commodity Futures Mod- tant ramifications for the energy crisis latory Commission has oversight— ernization Act of 2000—that’s right, 31⁄2 experienced in California and the West, antifraud, antimanipulation over- hours more debate than was spent on which ended only about 10 months ago. sight—and you must keep records; I the entire Commodity Futures Mod- This is what got me interested in this must keep records. ernization Act. matter. As a result, we still don’t know But if there is no delivery—if I buy The Senate did not spend 1 minute why gas prices at the California border an energy swap, for instance, to lock in debating the Commodity Futures Mod- remained significantly higher than a set price and protect myself from ernization Act—one of the most sweep- neighboring States for more than 5 risk—the CFTC does not have over- ing regulatory revisions in several dec- months. Why don’t we know? There is sight, if I use an electronic trading ex- ades. And the loophole for Enron just no transparency; there is no audit change. That is the rub. The electronic went through. Yes, the Senate Agri- trail; there are no records. It is impos- trading exchange is exempted. If we go culture Committee held hearings and sible to prove what kind of trading through the Chicago Mercantile, we are completed a markup of the Senate back and forth was done, frankly, to not exempted. If we go through New version of the CFMA on June 29, 2000; increase the price of gas. York, we are not exempted. But an on- but that is where the process stopped Some have asserted that the CFTC line trading platform has no trans- in the Senate. already has antifraud authority for parency for a derivative not delivered. At the last minute, Enron lobbied the over-the-counter trades. If this author- In fact, the CFTC may not even be House for an exemption for energy and ity is already there, then our amend- able to investigate fraud or manipula- metals trading. This is what appeared ment reaffirms that the authority is tion if the exchange was operated, like in the appropriations bill for the De- there. But this is not as easy to deter- Enron Online, where Enron was both a partment of Labor and Health and mine as one might think. buyer and a seller. This is what is Human Services at the very end of the Let me read two short paragraphs known as a bilateral dealer market. If 106th Congress. And this was incon- that show you what I mean. This is Enron Online or another company op- sistent with what the Senate Agri- from the International Swaps and De- erating a bilateral dealer market want- culture Committee marked up in re- rivatives Association: ed to manipulate prices and/or corner gard to energy and metal. Transactions involving exempt commod- the market, regulators might very well The amendment we are debating is ities, including commodities such as energy be helpless to investigate. consistent with the bill that Senator products, chemicals, and metals, are simi- Since more than 90 percent of energy LUGAR and the Agriculture Committee, larly excluded from the Commodity Ex- trades do not involve delivery, and which he chaired, marked up. What the change Act and remain subject to the since other electronic exchanges are CFTC’s antifraud and antimanipulation au- Agriculture Committee passed was con- now emulating the Enron model, there thority. sistent with the recommendations is a huge loophole here. I will predict spelled out in the November 1999 Presi- Then they put out another publica- that some of these go down just as dent’s working group, signed by Fed tion, which is the March 11 opposition Enron did. letter to our amendment, and they say Our amendment closes that Enron Chairman Alan Greenspan, Treasury Secretary Larry Summers, SEC Chair- exactly the opposite. They say: loophole and makes sure the CFTC has The amendment extends the application of full antifraud, antimanipulation au- man Art Leavitt, and CFTC Chairman William Rainer. That report asserted the CFTC’s antifraud and antimanipulation thority over all energy trades where provisions to transactions in exempt com- there is no delivery. that there should be two categories of modities. The amendment would revise the The amendment also subjects all derivatives—financial derivatives and Commodity Exchange Act, section 2(g), to dealer markets selling energy and met- everything else. There was no reason provide that otherwise exempt transactions als derivatives online, including Enron that metal or energy or any other tan- in exempt commodities would be subject to Online, Dynegy Direct, Aquila, to simi- gible, finite commodity should be enti- antifraud and antimanipulation provisions of lar requirements as other nonelec- tled to its own category. the Commodity Exchange Act. tronic exchanges. This means these ex- So what we are doing in our amend- So maybe the authority is there and changes would have to file with the ment is entirely consistent with that maybe it is not. If our amendment CFTC, provide some price transparency report. In regard to the electronic trad- passes, we know for sure that it is. We and price disclosure, and maintain cap- ing platforms, we simply return things take the vagary out of it, we take the ital commensurate with risk—all the to the way they were before the Presi- game playing out of it, and the same things that Enron Online did not do dent’s working group affirmed that we party cannot say different things at and did not have to do because of the were doing it right. By that standard, different times. That is really why this 2000 Commodity Futures Modernization this amendment has been subjected to amendment is necessary. Act which provided Enron this loop- intense scrutiny and infinitely more So that means if someone is cor- hole. How convenient. debate than the comprehensive regu- nering the market in energy or met- Someone buys energy not on an ex- latory legislation adopted in 2000. als—or maybe in natural gas, as many change; let’s say they pick up the Before the recess, at the end of the suspect Enron did—the CFTC will have phone and buy an energy derivative, last floor debate, my colleague from the necessary tools to investigate. And but there is no delivery. The trans- Idaho asked—I think facetiously—why 99 times out of 100, the CFTC will find action is subject only to antifraud and we did not simply try to provide anti- that there is nothing improper. But antimanipulation authority. So if you fraud and antimanipulation authority isn’t it good to know that regulators are trading energy derivatives on an for all transactions, not just energy can provide assurance that markets are electronic trading platform, that ex- and metals. Let me point out that our functioning properly? Isn’t that what change is regulated just as other ex- bill affects about 2 percent of the deriv- gives people confidence to invest, that changes. ative market that deals with energy they know there is regulation and that If you are not using an exchange, the and metals. We actually don’t know if these markets are performing effi- CFTC can investigate allegations of it is 1 percent or 3 percent because as ciently and with transparency?

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2393 I want to make one final point about The PRESIDING OFFICER (Mr. CAR- regulation and without oversight. That Enron. As I said before, Enron Online PER). Without objection, it is so or- is exactly where they wanted to play. operated completely outside of the dered. They wanted to get out from the public CFTC’s antifraud and antimanipula- Mrs. FEINSTEIN. Mr. President, I eye. They did not want people to see tion authority because it was operating move to table the Reid amendment. what they were doing. They wanted to an online trading forum to conduct Mr. REID. I ask for the yeas and manage their own affairs without scru- trades bilaterally, one to one, where it nays. tiny, without oversight, without the was both a buyer and a seller. In other The PRESIDING OFFICER. The mo- restrictions of regulations and laws. words, Enron was buying energy and tion to table is not in order until the The Senator from California has a selling energy, and only Enron knew expiration of the controlled time. very simple proposition: If we want to the price. Enron could have been buy- Mr. REID. Mr. President, I ask unan- restore the integrity of many corporate ing at one price and selling at a much imous consent that the Senator from activities, we should establish stand- higher price. Because there was no California be allowed to offer her mo- ards for oversight and regulation. We transparency and no oversight author- tion to table at this time. That way now know better when it comes to ity, we may never know. she will not have to stay around if she Enron. Had there been appropriate Other companies now have stepped does not want to. The vote will occur oversight and regulation at Enron, we up to fill Enron’s market void. Some of on the motion to table at 3:45 p.m. might have avoided the disaster that these energy trading platforms are op- The PRESIDING OFFICER. Without occurred in that company. erating the same way Enron Online objection, it is so ordered. As she offers this amendment, there did. The Senator from Illinois. are special interest groups that oppose Do any of my colleagues truly believe Mr. DURBIN. Mr. President, I rise in her. There are those trading without that we should be limiting trans- support of Senator FEINSTEIN’S motion Government oversight who do not want parency and regulatory authority in to table the Reid amendment. Let me the Government involved. So they are light of all we have just learned about say at the outset, when she came to me going to oppose her. The smoothies out the energy markets and Enron? I think with this concept, it struck me as not there, the future Enrons, that want to not. So this amendment is really on only fair but good policy. How did we use the current system to avoid regula- the side of the angels. It gives cer- get into this mess with the seventh tion are opposed to the amendment of tainty, it provides for antifraud, largest corporation in the United the Senator from California as well. antimanipulation oversight; it says the States going bankrupt and dragging They want to have this mechanism CFTC must set some capitalization down with it thousands of innocent in- available to them. That, frankly, is the reason why the standards based on risk, and it provides vestors, pensioners at Enron, not to Senate should take this amendment that all trades are transparent, records mention the employees who lost jobs, are kept, and audit trails are available. very seriously and why we should join or the employees that other companies, the Senator from California in tabling I know why the banks oppose this. like Andersen which is based in Chi- Because they want to do the same the amendment of the Senator from cago, who stand to lose their jobs. Nevada. There is no reason why we thing Enron has done. The banks have It all came about because the folks in set up their own online trading plat- should exempt metals. Why in the Houston who worked for Enron Cor- world would we say when it comes to form which, again, would trade in poration tried to take as many busi- darkness, which, again, for nondeliv- energy we want honest, open, trans- ness activities as possible off the parent trading, but when it comes to ered derivatives would have no trans- books. They did not want the world to parency, have no record, have no cap- metals and their derivatives, we do see what was going on behind the cor- not? We heard the litany that was read ital requirements, and no antifraud and porate boardroom doors at Enron. The antimanipulation oversight. I believe by the Senator from California when greatest fear they had was daylight, companies came in and tried to take there are more Enrons coming down. I the possibility that people would know believe there are going to be more just control of markets. For the average what they were doing. So they created person going to work every day, you on this very point. these elaborate pyramid schemes. They What I am saying to the Senate is wonder: What difference does it make? created a multitude of corporations. the Senate has to protect the people. It does make a difference. It makes a They hid debt. They managed to, in The Senate has to provide for regula- difference in the commodities they many ways, deceive some well-meaning tion. Why should there be regulation of purchase. If there is some illegal activ- people into believing they were a pros- the Nasdaq? Why should there be regu- ity, if there is some inflation of price, perous and profitable corporation. One lation on the Chicago Mercantile and it is going to be felt by consumers and of the instruments and weapons they no regulation online? It is a huge loop- businesses across America and around used in this battle was this whole no- hole, and we ought to plug it. the world. tion of trading in energy futures, en- Mr. President, I move to table—— When Senator FEINSTEIN comes to us Mr. REID. Will the Senator with- ergy derivatives without Government and says, Table the amendment of the hold? oversight. Senator from Nevada, Mr. REID, I think Mrs. FEINSTEIN. I will. I live in the State of Illinois. We are she is moving in the right direction. Mr. REID. I appreciate the Senator proud of the fact we have many mar- We need more transparency and more withholding. I ask that the Senator lis- kets in the State of Illinois which aver- oversight. ten to the unanimous consent request I age people and businesses use to trade If you buy the premise of Senator am going to propound and see if she futures, derivatives, and options that REID that metals should be exempt or will agree with it. I think it will be in give them protection in their business you buy the premise of those who op- keeping with what she wants. day world. But every step of the way in pose Senator FEINSTEIN’S amendment, Mr. President, I ask unanimous con- that process the Government keeps an which I am cosponsoring, who say we sent that the time until 3:45 p.m. today eye on them, just as it does the stock should not have this Government over- be for debate prior to vote in relation exchange in New York and in other sight, how do you rationalize the mil- to the Reid second-degree amendment places around the United States. Why? lions of dollars we spend every year as No. 3081, with the time equally divided So the average person who picks up taxpayers for watchdogs and policemen and controlled between Senators REID that financial page in the paper every to keep an eye on so many other indus- and FEINSTEIN, or their designees; that morning and looks at it knows it is on tries where there is trading? Listen, no other amendment be in order prior the square, the trade actually took one is right and one is wrong. to a vote in relation to the Reid place, the prices are actually moving If we believe there should not be Gov- amendment. in these commodities. ernment oversight, let the Wild West The Senator could move to table now What we saw with Enron is that they prevail—there may be some who take as she indicated she would, and the raced away from those markets where that point of view. I am not one of vote will occur at 3:45 p.m. the Government was looking over the them. It is tough for me as an indi- Mrs. FEINSTEIN. I have no problem. shoulders of the traders into this neth- vidual; it is tough for many small busi- I agree. erworld, if you will, of trading without nesses to judge whether there is an

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2394 CONGRESSIONAL RECORD — SENATE April 9, 2002 honest transaction taking place and How much oil is involved? They talk goodness’ sake, I think 3 or 4 percent of that is why the Government steps in. in terms of millions and billions. But all the electricity generated in Amer- They want to make sure that when put it in this perspective: Over a 10- ica comes from renewable fuels. When there is a transaction reported, it actu- year period of time, if we draw from Senator JEFFORDS of Vermont wanted ally took place, that there was not self- ANWR, the oil that the U.S. Geological to raise this to 20 percent over a 20- dealing, there was not the kind of chi- Survey says is there will account for a year period of time, I was ready to sup- canery as we saw in Houston with 6-month supply of oil for the United port him and was a cosponsor, but he Enron. That is why we have these regu- States in that 10-year period. Put it in did not have a chance. We lost. latory agencies. this perspective as well: By the year But we will show courage by drilling The Senator from California is cor- 2020, if ANWR were in full production, in the Arctic National Wildlife Refuge rect; we should apply that to energy ANWR would reduce our importation of and we will show courage in standing and metal derivatives. There is no rea- foreign oil from 62 percent of our na- behind the special interest groups that son to make exceptions. I can tell you tional need to 60 percent, a 2-percent want to stop Senator FEINSTEIN from what is going on—and I know the Sen- reduction. bringing transparency and regulation ator is aware of this. What she is fight- Some have said it takes a great deal to the trading in energy derivatives. ing is growing in size and volume of political courage to stand up for I am afraid this energy bill is going across the world. These unregulated drilling in the Arctic National Wildlife in the wrong direction if we do not in- online markets are starting to appear Refuge on behalf of the oil companies clude in it fuel efficiency, fuel econ- everywhere, and woe be to the con- that own those rights for minerals to omy, conservation, renewable fuels, sumer or those involved who go into be derived. I am not sure it takes a and a sensible pricing of energy. Look them believing the Government is great deal of courage. Does it take a at what happened in the State of Cali- watching what is going on. In many in- great deal of courage for us to spoil the fornia. I cannot imagine what life is stances, there is no oversight; there is frontier of a wildlife refuge, to endan- like for the Senator, going home every no review; there is no accountability. ger species that currently live there weekend to see families and businesses I stand not only as a cosponsor of the and may never be replicated? That does trying to cope with something totally amendment of the Senator from Cali- not take a great deal of courage. beyond their control. They responded fornia but in strong support of the Sen- The courage is in standing up and heroically showing that they could, if ator from California. protecting them. The courage is in say- I close by saying I sincerely hope we challenged, dramatically conserve en- ing if you want to do something about adopt this amendment. This started off ergy in the State of California. The energy security and independence, if as a debate on an energy bill. It cer- Senator must have felt like the most you want to try to break the chains be- tainly is a timely debate, but as I have helpless victim in America because tween the Mideast and the United listened to this debate transpire, as I these energy companies were running have watched special interest groups States so we can make our own deci- circles around her. come in and destroy every meaningful sions and not have to wait for a nod of When the Senator says they ought to and credible part of this bill, I am be- approval from Saudi Arabia and the be held accountable, these energy com- ginning to believe this is the most ane- gulf states, the courage is in saying to panies and energy derivative markets mic energy bill ever considered by Con- the American people we have to change ought to have government regulation, gress. the way we do business and live in they are the first ones to scream Consider for a minute that we are America. bloody murder. They cannot stand that about to embark on a debate as to We had a chance to do that several notion. The Senator is right. She ought whether or not to drill for oil in the weeks ago. What we were going to do— to proceed on that, and I am happy to Arctic National Wildlife Refuge. This here is a radical suggestion—we were support her in that effort. wildlife refuge was not created by any going to say to the big three auto- Mrs. FEINSTEIN. Will the Senator liberal President; it was created by makers, they have to make their cars yield? President Dwight Eisenhower in 1960. and trucks more fuel efficient. Oh, no, Mr. DURBIN. I am happy to yield. He said: There is a piece of Alaska we the Senate said, by almost a margin of Mrs. FEINSTEIN. I mentioned in my ought to protect. It is a frontier we two-to-one, we could not do anything remarks what really kind of clued me ought to preserve because we may that radical. We could not do anything on to this was the price of natural gas. never get that chance again, and when that demands that kind of sacrifice, no Right after CFMA passed, we noticed it comes to the wildlife, when it comes way. the price of gas at the southern Cali- to the resources there, we ought to We are going to show courage by fornia border was $50 a decatherm—a make certain that America takes a drilling in a wildlife refuge. The Porcu- decatherm is about enough for 900 stand and says we are going to leave pine caribou do not vote in the Senate. homes—whereas in San Juan, NM, it this for future generations in per- They do not elect anybody. Run them was $8, and the transportation cost was petuity. This is our legacy to our chil- off. We have lost 30 percent of them in $1. Nobody knew why it had spiked dren. the last 10 years, so if they disappear, that way. President Eisenhower was right. we will show our kids pictures and vid- So I picked up the phone. I called What President Eisenhower did not an- eos. But to ask the Big Three to come what is called ISO, the independent ticipate was that the oil companies up with more fuel-efficient cars and system operator, and said: Why is gas would come into this region, discover trucks, oh, no, no way. spiking this way? They did not know. what they consider to be substantial The special interests swamped those Now I do not know whether Enron reserves, put their money interests be- of us who believe fuel efficiency should was doing this or not, but as soon as hind those reserves, and then come to be part of our debate on our energy se- Enron went belly up, the next day the Congress and start twisting arms in curity. We did not have a chance in the price of gas dropped dramatically. So it every direction in order to try to beg Senate. The special interests won, and has to have been the trading that was us to allow them to come and drill for won big. We did not have the courage being done that did not have a delivery oil in a wildlife refuge. to say to the Big Three or to con- directly related to it. How much oil is involved? First, even sumers across America, we have to do Now people say the SEC will step in the rosiest scenario suggests we will business differently. We have not im- and look at this. The fact is there are not see the first barrel of oil from proved the fuel efficiency of vehicles in no records for the SEC to look at now ANWR for 5 years. The one more real- America since 1985—17 years of neglect. because there is no audit trail. There istic scenario says 10 years. As we con- So they talk about the Middle East are no records kept of these trades. sider all the problems in the Middle and the challenge we face and how we Somehow it is very difficult to get that East facing us today, ANWR is cer- have to show courage and determina- across to our Members. It would get tainly not the answer. Not for 5 years tion as Americans. Let us start it by across if they were trading on the Chi- at least, or 10, will we see the first bar- showing some honesty in our energy cago Mercantile. rel of oil coming out of this wildlife policy. We need more fuel efficiency, Mr. DURBIN. That is right, it would refuge. and we need more renewable fuels. For be transparent.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2395 I am holding in my hand the energy When the Hunt brothers tried to cor- The PRESIDING OFFICER. Is there a bill we are debating. On at least four ner the silver market, he said they sufficient second? separate occasions now, we have had should have talked to him first. You There is a sufficient second. the chance to do something sensible for cannot have a monopoly. He tried on The yeas and nays were ordered. energy security and energy independ- two separate occasions. You cannot do Mrs. FEINSTEIN. Mr. President, I ence—to lessen our dependence on Mid- it. Keep in mind, Mars was one of the take a moment to respond to the state- eastern oil. We had a chance to do it richest men in the world. His family is ment of the Senator from Nevada. with the fuel efficiency of the trucks still rich, with Uncle Ben’s Rice and The point I was trying to make, to and cars that we want to drive in most of the candy in the world. He was the Senator from Nevada, is that ma- America for years to come, and we very rich. He thought in his younger nipulation does occur in metals. Clear- failed. The special interests won. We days they would buy all the pepper. He ly, it did. Obviously, there was no on- could have done it by improving and wanted to control pepper. He spent line trading at that time. Everybody increasing the renewable fuels used some time going out and buying all the knows that. The fact is, these remain across America that are environ- black pepper he could find. He con- three major cases of market manipula- mentally friendly, which give us a trolled black pepper in the world. But tion. It doesn’t only happen in energy; chance toward independence. The spe- he said: In the end, I could not control it can happen in metals as well. cial interests opposed us. We lost. the black pepper market, because peo- The key point is, if the Reid amend- Now we see the battle that is being ple who had white pepper dyed their ment is successful, metals will be the joined: Whether or not we are going to pepper black, and I no longer had con- only exemption. Why should metals be have full disclosure of these energy trol of the market. the only exemption? I don’t think they trades, whether we are going to have The Hunt brothers tried to corner the should. We know you are covered if you the kind of openness that Americans silver market and went out and bought deliver the commodity directly to an- want. And the special interests oppose all the silver. Her amendment would other individual. We know FERC cov- it. have nothing to do with that. The Hunt ers that. We know you are not covered I stand in complete support of the ef- silver trading scandal involved trading if you are swapping or trading against forts of the Senator from California, on regulated exchanges, not in the risk. We also know there is great un- and I thank her for her leadership. over-the-counter derivatives market. certainty as to whether, with energy, I yield the floor. The trading abuses involved the phys- there is coverage. The PRESIDING OFFICER. The as- ical accumulation of more than 200 I purposely read the letters from the sistant majority leader. million ounces of silver. It did not in- Swaps and Derivatives Association be- Mr. REID. Mr. President, my friend volve over-the-counter derivatives in cause they say two different things. In from Illinois and my friend from Cali- any way. one statement they say these areas do fornia are right in most everything The Sumitomo situation involved the remain within the CFTC jurisdiction; they have said about the need for a manipulation of the copper market by they turn around in a March 11 opposi- good energy policy. I agree with the a Japanese company operating through tion letter and say exactly the oppo- Senator from Illinois. I think it is too a rogue trader acting in London and site. bad we did not pass fuel efficiency Tokyo. The time has come to have certainty, standards. The Presiding Officer, I The abuses occurred on a fully regu- to see that energy and metals are cov- hope, is going to try to rectify that and lated exchange, not in the over-the- ered. Let me say once again, who can offer something in the near future to counter derivatives market. It involved object to there being antifraud and set some fuel efficiency standards. manipulation of the price of copper on antimanipulation oversight? No one. The Senator from Illinois is right the London Metal Exchange, which is Who can object to saying you have to when he speaks about the need to not fully regulated by the United King- keep records of trades, online trades, drill in ANWR, but my friend from Illi- dom’s Financial Services Authority. even if you are not directly delivering nois and my friend from California are Further, the manipulation took place the product, if you are swapping to wrong about transactions involving overseas, not in the U.S. markets. hedge against risk, for example? Why metal derivatives because they lack I urge my colleagues to not support shouldn’t you keep a record and have necessary information. The Com- the motion to table that strikes metal an audit trail on what you are doing so modity Exchange Act already requires derivatives from the Feinstein amend- that people know? Why shouldn’t there record keeping for transactions in ment. Derivatives are essential to the be some provision for capitalization of metal derivatives markets. health of the metals market, and today these trades based on risk, and the The Feinstein amendment includes they are regulated, controlled. Record- CFTC would decide a level of risk and metal derivatives, citing fraud in the keeping is now in place. Fraud in the the level of capitalization? metals market in the past decade. In metals market did not involve over- This past week, I was just reading fact, my friend from California uses the-counter derivatives. another article of a company that two specific examples of high-profile With all due respect to my friend would go down because it was swap- cases. She talked about the Hunt from California, using the Hunt broth- ping. There was no capitalization, brothers in silver and Sumitomo in ers example and the Sumitomo exam- Peter came home to pay Paul, and copper. Neither of these fraud cases ple, they simply do not apply. I believe there was nothing there. So the com- would be addressed with the Feinstein wherever that information came from, pany is going to go bankrupt. It was amendment. It has nothing to do with it was misguided and simply wrong. I another major company. the Feinstein amendment. The Fein- suggest we would be better off going It seems to me, rather than create stein amendment could already be in forward with her legislation, which I uncertainty, our amendment creates effect, and the Hunt problem would have indicated on a number of occa- certainty. It says to the world, to ev- still be there, and that related to cop- sions I support. But I am saying that erybody, energy and metals are not the per would still be there. Why do I say having the metals industry involved in only two that enjoy an exemption. En- that? this does not do anything except make ergy and metals, for derivative online The attempt by the Hunt brothers in the mining industry in America weaker trading, are covered by the CFTC. It is 1979 to corner the silver market in- than it is. a small amendment. I have been so sur- volved manipulation of the physical Mining as an industry exports gold. prised at the amount of opposition. It silver market. They bought all the sil- It is one of the few places we have a fa- convinces me more that something ver they could, which reminds me of a vorable balance of trade. We should be must be going on. There has to be a Nevada resident by the name of Forest happy about that. reason that people want to do this Mars, of the Mars empire. He owned it. The motion to table is ill advised, trading in the darkness. There has to He was a great man. He died in the last based on wrong facts. It is not in keep- be a reason that they do not want to couple of years. He was a wonderful ing with what I think is the direction keep records. There has to be a reason man. He lived above his candy store in of the underlying Feinstein amend- they do not want to subject themselves Las Vegas. This billionaire had a little ment. I ask for the yeas and nays on to any kind of capitalization require- apartment above his candy store. the motion of the Senate to table. ment.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2396 CONGRESSIONAL RECORD — SENATE April 9, 2002 That was the situation with Enron. consume more than you produce, and serving. There are very good sugges- Enron went bankrupt. Enron lobbied when you do not have an electric grid tions, mostly by Senator BINGAMAN, for this amendment. Enron lobbied the in this system that can move power about how to do that. And we must in- House to be excluded, to have metals from the places where it is produced to crease our production. and energy excluded from the bill the places, such as California and Flor- Let me show you where our produc- passed in 2000. Immediately after the ida, that consume a lot—and also Cali- tion is, currently, in the United States. bill passed in 2000, gas began to spike fornia does produce a great deal—you Our production is currently in the Gulf in California. That says volumes to me. have blackouts. of Mexico and in Texas and in Alaska. Once again, I think we are on the You have power shortages. You have Should we drill in Alaska, and more? side of the angels, to let consumers see price hikes. It is the natural end result Absolutely. Should we drill in the Gulf what is going on. If the consumers buy of demand outstripping supply. It of Mexico? Absolutely. Should we drill through the Chicago Mercantile, there works that way every time. There is no in Texas more? Absolutely. Should we is a record. If the consumers buy surprise about it. It works that way drill more in California and places in through the New York Mercantile, today. It worked that way yesterday. It other States? Absolutely. there is a record. With any other kind will work that way tomorrow. The reason is these States consume. of transaction, there is a record. Why The core of this debate is energy se- They need to produce. Our whole Na- should this huge, burgeoning new area curity. We cannot have energy security tion consumes and we need to produce of online trading have an exception and in this Nation unless we have energy more. But we want, in America, to not keep these records? independence. I know people hear this have a policy where we basically do not Again, let me be specific. If the prod- and they say: Senator, it is not pos- have oil wells anywhere except off the uct is delivered, if I buy gas from you, sible. We could never be energy inde- coast of Louisiana, Mississippi, and and you deliver that natural gas to me, pendent. Texas. We expect this area then to sup- we are covered by the Federal Energy I want to say: Yes, we can. Maybe not ply all the needs of our Nation. Regulatory Commission. If we are trad- tomorrow. Maybe not in 5 years. But if We need to have a stronger policy ing or swapping and there is no deliv- we set our mind to it and make some about drilling domestically, and to ac- ery, there is no record kept. very wise strategic decisions in this knowledge the States that do drill and Why does FERC support this amend- body this week and in this Congress can drill in a more environmentally ment? Why do all of the FERC Com- this year, this country most certainly sensitive way, minimizing the risk to missioners support this amendment, could be energy independent in the the environment, should be com- including the Chairman? They know next decade or so. Not in my grand- pensated for the impacts that are asso- this is a loophole. They know it should child’s lifetime but in my children’s ciated. It is not always negative envi- see the light of day. lifetime, and in my lifetime, we could ronmental impacts; it is infrastructure I control time until 3:45, if I under- be energy independent. But it is going impacts. stood correctly. to take a lot of work. On each oil rig off the State of Lou- The PRESIDING OFFICER. The time One of the things we are going to isiana, we have about 6,000 people. It is is equally divided. have to do is produce more oil and gas almost like a city out in the gulf. Mr. REID. I am happy to yield. and fuel domestically. It is not just oil I know a lot of people have never The PRESIDING OFFICER. The Sen- and gas. It is oil, gas, clean coal, been to an oil rig, but I have, many 1 ator from Nevada controls 14 ⁄2 min- hydro—and particularly new and excit- times. Senator BREAUX and others have utes. ing fuels such as solar and wind. We are visited many times. These men and Mr. REID. The Senator is welcome to not doing nearly enough with that. And women consume water, they consume take some of my time. we are not doing enough on the produc- food, there are transportation require- Mrs. FEINSTEIN. I yield the floor. tion side. ments, and there are roads and bridges The PRESIDING OFFICER. The Sen- When we think oil, we think auto- that need to help this offshore develop- ator from Nevada has yielded? mobiles. We think oil, we think gaso- ment. Mr. REID. Mr. President, it is my un- line. While oil in the transportation One of the things we can do—and I derstanding the Senator from Lou- sector consumes most of our oil, let me hope we will do, Democrats and Repub- isiana wishes to speak on another name a few other things that we need licans, regardless of how we may vote amendment she hopes to offer subse- oil for to produce household items: on many of these amendments—is to quently. I think that would be appro- toothpaste, footballs, ink, lifejackets, cast favorable votes when it comes to priate. I see no one here wishing to tents, sunglasses, house paints, sham- more domestic drilling. It is important speak. How much time does the Sen- poos, lipsticks—maybe we could find for us to close the gap of conservation ator need? alternative sources, some other ways and drilling in places where we can. We Ms. LANDRIEU. I need about 15 min- to produce these items. I am sure there have rich reserves in Alaska, in the utes, if I could? are scientists and researchers doing Gulf, and in the central part of this Na- Mr. REID. We are going to vote at that at this time, but we need oil in tion. It is misleading to say otherwise. quarter till, but how about 10 minutes? this Nation to run our automobiles the Let me also give you another reason Ms. LANDRIEU. Ten minutes is fine. way we have the engines structured why domestic production is so impor- The PRESIDING OFFICER. The Sen- right now, as well as to produce all tant. This is from the Sierra Club’s ex- ator is recognized for 10 minutes. these products which Americans use ecutive director, Doug Wheeler, who Ms. LANDRIEU. I thank the Senator every single day. said: from Nevada, and I thank the Senator Can we reduce our consumption? Can The exploration and development of energy from California for allowing me to we conserve? Absolutely. But should resources in the United States is governed by interject a few thoughts on a related we continue to import 67 percent of our the world’s most stringent environmental subject but not the same as the pend- oil from other places in this world? I constraints, and to force development else- ing amendment. don’t think so. where is to accept the inevitability of less The subject is about energy inde- Let me share with you where we are, rigorous oversight. pendence. Let me put up my first chart the outstripping of production by de- Let me repeat this, because this is to talk about this issue. mand. Oil consumption will continue the Sierra Club. Before I begin with that, let me say to exceed production. This red area of The exploration and development of energy this: There are a lot of issues such as this chart is our problem. It is our resources in the United States is governed by the issue Senator FEINSTEIN has raised, problem. You can see it very clearly. It the world’s most stringent environmental and other issues, that I suggest are is the shortfall. This is basically what constraints, and to force development else- maybe not the exact heart of our prob- we produce. This is what we consume. where is to accept the inevitability of less lem when it comes to energy security And this is what causes, in many in- rigorous oversight. or energy dependence. The heart of our stances, blackouts or shortages or high What we do by not allowing more problem is simply that we consume prices—this shortfall. We have to cor- drilling in the United States is exactly much more than we produce. When you rect that. We can correct it by con- this: We force development elsewhere,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2397 and we wreak environmental havoc. I know my time has expired. I am I hope Members on both sides can un- Why? Because in many parts of the going to stay on the floor after the derstand the importance of this debate. world there are no democracies, and vote and ask for some additional time. It always has been important. But I there are big oil importers, which is I thank the Senator for yielding. If think there has to be some renewed ur- very problematic. In other countries, the clerk is ready to call the roll, I will gency given what has happened over they do not have rigorous rules. There yield the floor. the last 2 weeks—the unfortunate esca- is no transparent rule of law. There are The PRESIDING OFFICER (Mr. MIL- lation of violence in the Mideast, the no court systems. There are no inves- LER). The question is on agreeing to pressure that has now come to bear on tigators to find the polluters. There are the motion. The yeas and nays have our Nation in terms of the diplomacy no systems of fines. They have no con- been ordered, and the clerk will call underway to try to find a peaceful and sequences for pollution. It happens day the roll. certain way out of the situation in the after day. In our country, if a company The legislative clerk called the roll. Mideast. All of this has a direct bear- Mr. REID. I announce that the Sen- violates a local or Federal rule, they ing on the discussion we are having in ator from Montana (Mr. BAUCUS) is are prosecuted. They are fined. They the Senate about energy and the under- necessarily absent. can be put out of business for destroy- The PRESIDING OFFICER. Are there lying policy and our dependency on ing the environment. Do you think any other Senators in the Chamber de- this oil that comes in large measure— that happens in some places in Africa, siring to vote? not solely—from Middle Eastern coun- South America, or the Mideast? I don’t The result was announced—yeas 40, tries or from foreign sources. It has a think so. nays 59, as follows: direct impact, I believe, on whether we Let me make a statement. People [Rollcall Vote No. 60 Leg.] are ultimately going to be successful in will say Senator LANDRIEU just gets on YEAS—40 the short and long run in our negotia- the floor and talks about big oil issues. tions for peace and in combating ter- She is a supporter of big oil. Akaka Dorgan Levin Biden Durbin Lieberman rorism. Let me say for the record that big oil Boxer Edwards Lugar I wish to finish my remarks along is maybe not that interested, frankly, Breaux Feingold Miller those lines and to start with a chart. I primarily in more domestic produc- Byrd Feinstein Murray know people in Louisiana understand Cantwell Fitzgerald Nelson (FL) tion. Leaders of some of the environ- Carnahan Graham this. mental organizations want to push pro- Reed I am hoping to share this chart with Chafee Harkin Sarbanes Clinton Hollings duction off of our shores because they Schumer the other Members in the Senate. As Conrad Inouye do not want production anywhere. Stabenow Americans everywhere went to the gas Corzine Kennedy Wellstone They are absolutely totally against Daschle Kerry stations over this weekend and the last fossil fuels and think we can run the Dayton Kohl Wyden few weeks, they really began to feel country and the world can run on Dodd Leahy this. They not only understand it but something other than fossil fuels. I NAYS—59 they actually feel it, and it is hurting hope that happens in the future, but it Allard Frist Nelson (NE) right in their pocketbooks. is not going to happen today or tomor- Allen Gramm Nickles This chart shows us clearly what row. It is in their interest to push pro- Bayh Grassley Reid happens when the price of oil, which is Bennett Gregg duction off the shores of the United Roberts demonstrated by this blue line, goes up Bingaman Hagel Rockefeller States and use their self-interest to ba- Bond Hatch Santorum and what happens to our gross domes- sically push development in places Brownback Helms Sessions tic product, which is represented by Bunning Hutchinson Shelby the red line, when that price goes up. It where regulations are less; where, if Burns Hutchison Smith (NH) you do something wrong, you can’t get Campbell Inhofe is very easy to read this chart. It re- Smith (OR) Carper Jeffords minds me of one of the charts my col- caught, and where it is cheaper to Snowe produce. Cleland Johnson league, Senator CONRAD, brings to ex- Cochran Kyl Specter There is sort of an unholy alliance, if Collins Landrieu Stevens plain complicated budget issues, and it you will—I say this with great re- Craig Lincoln Thomas really helps to clarify it. This clarifies spect—between the industry and the Crapo Lott Thompson the situation to me, and I hope to peo- environmental movement. I understand DeWine McCain Thurmond ple who are seeing this chart. Domenici McConnell Torricelli this is an unholy alliance that some- Ensign Mikulski Voinovich When oil prices are low, then the U.S. times pushes us to a place we don’t Enzi Murkowski Warner gross domestic product is high. When want to go. I will tell you why we don’t NOT VOTING—1 the price of oil begins to rise, as it has precipitously in the last 2 weeks, the want to go there. Because it is dan- Baucus gerous. growth of the U.S. economy dives. If the headlines in the newspapers The motion was rejected. When the economy takes a dive like don’t convince people that we are on a Mr. REID. I move to reconsider the this, what this means is there are more collision course, I don’t know what is. vote. people who are out of work. Mr. MURKOWSKI. I move to lay that In the paper this morning, we read When this red line goes down, it motion on the table. means children do not go to college. about the escalation of war in the Mid- The motion to lay on the table was This red line means somebody has to east. We see our foreign policy com- agreed to. promised. Why? Because we can’t real- Mr. REID. I suggest the absence of a walk into their house and look in their ly fight terrorism in a way that we quorum. kids’ eyes and tell them they lost their know we should. We know that we The PRESIDING OFFICER. The job. This means a guy who worked his could be effective. We have beaten clerk will call the roll. whole life—when he was 45 years old every foe that has stood before us. We The senior assistant bill clerk pro- and started a business and took his can certainly beat the foe of terrorism. ceeded to call the roll. life’s savings and his wife’s savings and It would be hard. It would be expen- Ms. LANDRIEU. Mr. President, I ask said: Honey, I am going to go out and sive. But the American people are will- unanimous consent that the order for start a business—has to come back and ing to give their time and their treas- the quorum call be rescinded. tell her he could not make it. Not be- ure to do it. But we can’t because we The PRESIDING OFFICER. Without cause they did not have a good product, are compromised by the fact that the objection, it is so ordered. The Senator not because he was not a hard worker, countries we are trying to negotiate from Louisiana. not because his spouse did not do ev- with are large exporters of oil. Ms. LANDRIEU. I thank the Chair. erything she should and could do, but We sent Colin Powell, our Secretary Mr. President, I thought I would take because we cannot get a handle on the of State, over to the Mideast with one this time, as we are still debating and price of gasoline and it drove him out hand tied behind his back. He cannot proceeding with consideration of of business. That is what this line negotiate as strongly as he might be- amendments to the energy bill, to fin- means when the gross domestic prod- cause of our dependency on oil from ish the comments I started before the uct in our country goes down. It means other places in the world. vote. pain. It means suffering.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2398 CONGRESSIONAL RECORD — SENATE April 9, 2002 We could stop the pain and stop the 18 million barrels of oil every day from est buildings collapse. We don’t call suffering if we could get an energy pol- places such as Saudi Arabia, Iraq; and the people who got in the airplanes icy that would stabilize this price and from such stable governments in a lot freedom fighters. We call them terror- reduce our dependency on oil that of trouble now such as Colombia, An- ists. But we can’t call some of these comes from outside of this Nation. gola, Kuwait, and Yemen, just to name other people exactly what we need to One way to do it, not the only way to a few. be calling them. Why? Because we are do it, is to drill more in the United If we drilled more in Alaska, in Lou- too dependent on oil from that region. States of America. We have oil reserves isiana, off the coast, on the gulf coast, We are debating an energy bill and we in many of our States, if not most of in other interior States, and we did it will not make the decision to produce our States. We have reserves onshore in the right ways, we could make the more oil in the United States because and offshore, and we have technologies lines in that chart I showed earlier we would rather compromise our for- unlike 50 years ago, 40 years ago, or 25 move in a different direction, in a di- eign policy. years ago, that we can produce and find rection of hope for the American peo- I will be for more drilling in the those reserves at less financial risk and ple. United States, when and wherever pos- less environmental risk. Let me also say we need to do it for sible. And I don’t believe we can drill I am in the Senate because I prom- the purposes of our economy. We also everywhere. But where there are re- ised the people of my State I would try need to drill more in the United States serves, where our technology shows we to keep this red line up as high as pos- for the purposes of our security and for can drill, the more oil we can drill here sible, because I have a promise to send the purposes of long-term domestic and the better. In addition, what we can do, and Sen- as many kids to college as I can pos- international security for our Nation. ator BINGAMAN has led this fight so sibly help get there and give them the We call the underlying bill we are de- ably and so well, is to diversify our skills they need to function. I have bating, and on which Senator BINGA- portfolio so we are not held hostage by made a lot of promises to them about MAN and Senator MURKOWSKI have oil, period. I am from an oil-producing giving them an atmosphere where they worked exceedingly hard, the Energy State. But do you know what my own can take their dream of starting a busi- Policy Act. It could be the energy secu- producers tell me? They don’t want our ness and actually make it work. I have rity act, but I would really like it to be named the energy independence act be- Nation to be held hostage by fossil made promises to my school boards and fuels, even though we produce a lot of cause only by energy independence will my public officials back home to try to oil and produce a lot of gas. Louisiana America ever be secure. help improve the highway system, believes, as an oil- and gas-producing which is not very good in our State. I Let me say that again: Only with en- ergy independence will we ever really State, that we need to develop alter- have hospitals that cannot keep their native sources. As an investor with doors open, and there is a Senate that be secure. If we and our democratic al- lies—not countries that do not believe your life savings, you don’t invest it in has the resources and the opportunity just one company, in the event that in democratic principles, not countries to pass an energy bill that could company goes belly up and you lose ev- that do not allow women to vote, not produce more but for some reason will erything you worked for. With invest- countries that do not have high stand- not. ments, investors want a diverse port- ards when it comes to child protection Let me show what the Sierra Club folio. Why? To spread the risk. Any and the rights of children and families. says about domestic production be- good investor knows that spreading I am talking about democratically cause I have sometimes been accused of risk is very important for long-term se- elected governments. When we and our having an anti-environmental position. curity. I actually think this position is a pro- allies, such as in Europe and in other Why, then, do we have an energy pol- environmental position, it is the right places of the world, can diversify our icy, or the lack of an energy policy, environmental position, and I will say portfolio of energy, then we can relieve that allows all of our eggs to be in one why. The director of the Sierra Club ourselves of being dependent on coun- basket. It is too much in oil, and in evidently agrees with that line of tries that do not share our values, that some ways too much in gas, and not thinking, although I do not want to in- are not democratic nations, and that enough in other developing tech- dicate he agrees with the exploration do not compromise. nologies such as wind, solar, hydro- in ANWR or my amendment, but he When I see statements that are in the power, and other ways of generating agrees with the principle. He says ex- press—and I have been reading a lot of energy. actly what I would say: things about the Mideast—it is very The most promising technology we The exploration and development of energy concerning to me when I hear anyone have discussed on the floor is in the resources in the United States is governed by say the people who have strapped dyna- transportation sector, in hydrocells, the world’s most stringent environmental mite and other explosives to them- for our automobiles. It is the transpor- constraints, and to force development else- selves, who have gone into places such tation sector that uses most of the oil. where is to accept the inevitability of less as hotels where people are eating a Our industrial sector and our electric rigorous oversight. meal or into daycare centers, or in generators use a lot of gas, a lot of I could even go further to say: To de- pubs where mothers might take their coal, and a lot of nuclear. The bottom velop elsewhere is to accept the inevi- daughters or sons out for an afternoon line is, while we have to reduce our de- tability of wholesale environmental de- cup of tea or a rest, and people refer to pendency on foreign oil, particularly struction, because that is what hap- these individuals as freedom fighters. from nondemocratic nations, particu- pens when you do not have good laws. These are not freedom fighters. These larly from nations that do not have That is what happens when you do not are terrorists. That is what terrorism stable governments, particularly from have good regulations. That is what is. That is what the definition and em- nations that do not believe in the rule happens when you do not have good bodiment of terrorism is. of law, that do not allow women the court systems where polluters are de- It is not fighting army to army or right to vote, that do not allow chil- termined not to follow the rules if they armed person to armed person. It is an dren, girls in particular, to go to had them, or to go ahead even without individual, desperate, strapping explo- school, why do we compromise our for- the rules and proceed to extract those sives to their body, giving up their life eign policy because we need that re- resources. That is what happens when and harming innocent men and women source when we could drill more do- you drive production off the shores of and children for the purposes of terror- mestically? In addition, not only do we the United States of America. The en- izing a nation and either bringing it to have to drill more in the United States, vironment is harmed more than if you its knees, or bringing it to a negoti- but we have to wean ourselves off of could drill in a country that had the ating table, or forcing it to do some- fossil fuels over time and try to come strongest rules, the best courts, the thing that is against its will or its up with renewable resources because highest fines, and the ability to vigor- long-term best interests. all of these resources are finite. ously prosecute polluters. We are fighting terrorism here with To broaden our pool, to diversify our We do not want to do that. We want all the strength and breath we can in portfolio of sources is good for the con- to get oil from countries—and we use our Nation. We had two of our mighti- sumer and good for business because it

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2399 will keep prices very competitive. If erans, along with our military, particu- The PRESIDING OFFICER. The gas is too high, people could switch to larly the veterans who have been there. clerk will call the roll. nuclear. If nuclear is too high, pro- They have been to Europe; they have The bill clerk proceeded to call the ducers of energy could switch to hydro. been to Korea; they have been to Viet- roll. If hydro is too high, they could move nam. They know the price that is paid Mr. MURKOWSKI. Madam President, to coal. If coal is too high, we can move when American foreign policy is based I ask unanimous consent that the order to biomass. on anything outside of our core values for the quorum call be rescinded. We need more diverse sources of fuel, of freedom and democracy. The PRESIDING OFFICER (Mrs. homegrown, and limit our imports of When we start fighting over oil and CARNAHAN). Without objection, it is so fuel from nations that are not demo- sacrificing the lives of our young men ordered. cratic nations. I am not speaking about and women, it is just not worth the Mr. MURKOWSKI. Madam President, Canada. Canada is a great ally of the fight. Let me say again, it is not worth for the last several days—since we have United States. We import a lot of gas the fight. Other issues are worth the been following the Mideast crisis— from Canada. Let’s continue to do it. fight: democracy, freedom, and justice. clearly I think we are all aware that Canada is a democracy. It is our ally. Oil is not worth the fight, especially what was a tinderbox has now ignited We can rely on it. That is smart poli- when we could have energy security by into a firestorm. tics. drilling in our own country. It is too This chart gives us an update of what Relying on other countries that do high of a price to pay. I don’t think we happened while we were out for our not share those values, that do not should pay it. Easter recess. It is a memorandum to have democratic values, gets us dealing We should continue the effort to get the American people. with places where people tie dynamite a good, strong bill out of the Senate Let me identify the urgency because to themselves and blow up themselves and get it into conference so we can over the last few days Saddam Hussein and innocent people. It confuses us have a bill that produces, that encour- of Iraq has imposed a 30-day oil embar- whether it is a terrorist or freedom ages more domestic drilling, expands go on the United States. We have seen fighter. We have freedom fighters in our portfolio of energy to include other the price of oil jump about $3 a barrel. America. Martin Luther King, Jr., was things, that invests in research and de- We have seen Saddam Hussein offer to a freedom fighter. That is the kind of velopment. This country leads the pay the families of the Palestinian sui- freedom fighter who we believe in in world in technology. When we make up cide bombers up to $25,000. If that isn’t this Nation. Gandhi was a freedom our minds to create anything, we can an incentive to stimulate those who fighter. That is the kind of freedom do it. And we hardly ever fail. I can’t are inclined to give up their life for the fighter who ultimately wins peace and think of a time we failed. We most cer- cause of Saddam Hussein, I don’t know security and justice and changes when tainly would be successful in new tech- what is. things are unjust. Not suicide bombers nologies and getting us off, eventually, Further, Iraq and Iran call on coun- and not terrorists. It must be rejected fossil fuels, a finite resource, and get- tries to use oil as a weapon against the every day, every month, every year, ting us to renewables, so we are truly United States and Israel. And Libya every time—in the United States, in independent and our people can have agrees. Israel, and in the Middle East. hope. Think of that—using oil as a weapon. Our energy policy puts us in a posi- In addition, I hope we can then bal- When was the last time we talked tion where that gets foggy; it does not ance this bill in conference. I urge the about a weapon around here? It was on get clear. It is dangerous. It is not President to take as balanced an ap- September 11th when we were con- going to serve us well, not this week, proach as possible in helping shape a fronted with the first reality that an not next week, and not in the near fu- bill that works for our economy, that airplane would be used as a weapon. ture. Our dependency on oil imports works for our foreign policy, and, most Obviously, we saw that at the Pen- from places that are not democratic importantly, a bill that is true to val- tagon and the two towers of the World nations, our refusal to broaden our ues that America has stood for now for Trade Center. This goes beyond our portfolio of sources of energy, and our 225 years. It does not cause us to have previous comprehension of what weap- inability to separate this from our ne- to be hypocritical or to turn our eye or ons are. But Iraq and Iran are calling gotiations is not good for America. to be foggy in our outlook. We want to on countries to use oil as a weapon. Let us begin by supporting Senator see clearly, to be honest with our- What do they mean? They mean, ob- MURKOWSKI’s amendment on ANWR. selves, about this issue. viously, that with the money and the Let us go further and support drilling. It is very serious. It is a very serious cashflow of oil, they can motivate peo- Let us fight very hard with Senator issue. Now it is affecting our national ple to give up their lives as suicide BINGAMAN to try to put dollars into re- security. People at home would like to bombers if their families can generate search and technologies for new alter- see strong steps taken in that regard. $25,000, or thereabouts. Where does natives. Let’s be careful with the tax I am going to be offering an amend- their money come from? It comes from credits we give so we build a domestic ment for energy independence in the the cashflow of oil. Make no mistake industry, creating new jobs and keep- morning. I have a series of amend- about it. ing our environment clean and invest- ments that I will be offering over the Further, a Christian Science Monitor ing in the States and the localities so course of this debate. I will lay that article indicates that there is informa- when they are impacted, we can fix out to my colleagues for their consider- tion relative to Iraq carrying out a plot them. When we lose wetlands, we can ation and I hope we will be strong to blow up a U.S. warship. That was ex- restore them. When some places are enough to take the actions necessary posed by the article. The theory was a disrupted, we can do our very best to to set our Nation on the course for little more significant because what fix them and have the kind of infra- independence. they proposed to do was target a tank- structure necessary so we can have a I yield the remainder of my time. er, probably in the Straits of Hormuz, good, solid, and clean industry. The PRESIDING OFFICER. The and then go after a U.S. warship. That is why, in conclusion, this is Chair recognizes the Senator from Mis- We are also seeing here at home a getting a lot of momentum. This is souri. skyrocketing increase in gasoline. why the President is receiving a tre- Mrs. CARNAHAN. I ask unanimous Who is responsible for that? It is our mendous amount of support in some consent to proceed as in morning busi- good friend, Saddam Hussein. areas of his policy, and why, today, ness for 10 minutes. Iraq is the fast-growing source of there was a great meeting and press The PRESIDING OFFICER. Without U.S. oil imports—1.1 million barrels; conference of some of the major Jewish objection, it is so ordered. the Persian Gulf, almost 3 million bar- organizations throughout this Nation. (The remarks of Mrs. CARNAHAN are rels; and, OPEC countries, 5.5 million B’nai B’rith, the oldest and largest printed in today’s RECORD under barrels. Jewish organization, has finally and ‘‘Morning Business.’’) When Saddam Hussein indicates he eloquently stated why it is so impor- Mrs. CARNAHAN. Mr. President, I was going to terminate production for tant to join this fight, along with vet- suggest the absence of a quorum. 30 days, that means somebody else is

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2400 CONGRESSIONAL RECORD — SENATE April 9, 2002 going to have to pick up their oil. aircraft used as a weapon three times 2001—283 million barrels. This is by Maybe OPEC will do it. They have indi- on September 11. It could have been month. June was an all-time high. cated that Saudi Arabia has the capac- much worse but for that heroic event Then down in July. In September it ity. But will they? Clearly, when 1 mil- in Pennsylvania. bounced up again, in October, Novem- lion barrels are taken off the world Here is an article from Reuters of ber, December. So here we are, clearly market, prices are going to increase, April 1. identifying where the oil comes from and shortages are going to increase. Iraq urges use of oil as a weapon against and where it goes. That is reality. Israel and U.S. We could show another chart that Make no mistake about it. Saddam It states: shows you what is happening in the Hussein is not doing any favors for the Use oil as a weapon in the battle with the United States today. That is the in- United States. enemy, Israel. crease in retail gasoline prices per gal- In announcing an oil embargo, he has Iraq’s ruling Baath Party said in a lon. This is $1, $1.05, $1.15, up to $1.40. effectively caused the spiraling in statement published by the Baghdad Here we are, April 1: $1.34. Make no prices and an indicated shortage in pro- media: mistake about it. These are factual re- duction. alities associated with what is hap- We have some other charts that I If the oil weapon is not used in the battle to defend our nations and safeguard our lives pening. The American public is mod- think show you the vulnerability of the and dignity against American and Zionist estly inconvenienced, but there is no United States. This is, again, while we aggression, it is meaningless. consensus on what kind of relief. were away on our Easter recess. That is the ruling party of Iraq. As the Mideast crisis worsens, the I suggest there is an energy plan out price of oil rises. This is the statement ‘‘If Arabs want to put an end to Zionism, there that has been proposed by some. they are able to do so in 24 hours,’’ Saddam by Iraq’s ruling party. This is kind of it. Unless the crisis is told a group of Iraq’s religious dignitaries too bad, we just stick our head in the If the oil weapon is not used in the battle Sunday night. sand. Is this an energy plan? I don’t to defend American and Zionist [Israel] ag- Another quote: gression, it is meaningless. think so. We have an energy bill before The world understands the language of us. It is absolutely necessary that we That is a statement by Iraq’s ruling economy, so why do not Arabs use this lan- proceed with this bill. As a con- party. guage? He asked. This is the timeframe from March 25 sequence of the extended discussion Saddam said if only two Arab states about how we are going to reduce our until our return. threatened to use economic measures dependence, one of the issues that If the oil weapon is not used in the battle against western countries if Israel did not to defend our nations and safeguard our lives withdraw from the Palestinian-ruled terri- comes up is obviously to produce more and dignity against American and Zionist tory, ‘‘you will see they (Israelis) will pull oil in the United States. How can we do aggression, it is meaningless. out the next day.’’ that? That is a pretty strong message. Madam President, do we believe One of the more contentious amend- They are saying: We are going to use that? Saddam Hussein is one of two ments that will be debated on the floor oil as a weapon. Arab States that has already used its is the ANWR amendment. What is so Make no mistake about it. What does economic measure against the Western significant about ANWR? The signifi- that translate to? Our economy, and countries by terminating its oil pro- cance is that it is the most likely area perhaps increased prices. duction for 30 days. in North America for a major oil dis- I do not know how many times we What else happened today that de- covery. We had ANWR passed in the have to go to the well around here be- serves consideration? In our own hemi- omnibus bill back in 1995. In December, fore we understand that some of these sphere, South America certainly, Ven- it passed out of the Senate. It was ve- folks mean business. We are already ezuela, PDVSA, one of the largest con- toed by President Clinton. We would well aware of bin Laden. We are well glomerates in the world, went on know today and have production from aware of the aftermath of al-Qaida. strike. What does that mean to the the area and we wouldn’t be beholden We wish we would have taken steps United States? It means that roughly to Saddam Hussein, who suddenly de- to avoid those actions. But where are 30 percent of our imports are no longer cides he is going to cut 1 million bar- we today as we look at Saddam Hus- available. Saddam Hussein stopped his rels of production, his production, sein? We have every reason to believe production, and Venezuela, PDVSA, is away from the market. We anticipate that he is developing weapons of mass on strike. We don’t know the ramifica- that ANWR would exceed 1 million bar- destruction. We haven’t had the U.N. tions of that. rels a day. inspections in several years. The threat is clearly here. I have We have been paying Saddam Hussein Are we putting off the inevitable? been coming to the Chamber for a long roughly $25 million a day for Iraqi oil What is the inevitable? Is it some kind time talking about the blatant incon- for the last year. That is a lot of of an action that is perpetrated as a sistency of our foreign energy policy. money, $25 million a day. This is the consequence of Saddam Hussein’s We have other charts here. I will stay same dictator who actively fired on our weapons that he has developed over a on this subject a little more because I pilots, who is developing weapons of period of time? What are those weap- think many Members assume this is oil mass destruction, funding terrorism ons? We don’t know because we haven’t that is coming in from overseas. So it against Israel, yet is our fastest grow- had inspectors in there in over 2 years. is Iraqi oil. So what? We probably don’t ing source of imported oil. What we know is that we have been get it. Saddam Hussein is paying bounties of taking his oil. We know that we have Here is a chart that shows where it $25,000 to each suicide bomber who been enforcing a no-fly zone over Iraq goes. What we did was, we went to the murders Israeli citizens. The suicide since 1992. We do know that we have importers and asked where this oil bombers terrorizing Israel are the bombed him three times this year. We went. And we got some idea of where it proxy soldiers of Saddam Hussein. do know that we put our young men is refined: Washington State, Cali- Think about that. They are proxy sol- and women’s lives at risk as we enforce fornia, Texas, Oklahoma, Arkansas, diers. Yet we rely on Saddam Hussein the no-fly zone. We also know as he Mississippi, Louisiana, Missouri, Illi- for our energy needs each day. takes our money, he develops weapons nois, Indiana, Ohio, Kentucky, Min- capability and weapons of mass de- nesota, New Jersey. This constitutes Every time we go to the gas pump, a struction—biological weapons—aimed roughly Iraqi oil imports from January portion of what we pay funds Saddam at our ally, Israel. We know those to December of the year 2001, a total of Hussein in his war on the United States things. 287.3 million barrels consumed in these and Israel; on his war, if you will, to Where is the logic? How do we close States. It is pretty well spread around encourage individuals to sacrifice their the loop? What is the message? How the geography of the United States. lives as suicide bombers and commit are we going to respond? We have another chart that shows funds to the relatives of some $25,000. I do not know how many times we very vividly crude oil imports from Enough is enough. We need to end have to reflect on weapons. We saw an Iraq to the United States in the year this inconsistency once and for all.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2401 Among the considerations that come Saddam Hussein a very strong signal— to reduce our dependence on foreign to mind to end this would be the Presi- and the rest of the Mideast, such as oil. We don’t want to send our men and dent’s certification that Iraq is com- Iran, Libya, and the other countries, women overseas to fight another war plying with U.N. Security Council Res- including Saudi Arabia—a message on foreign soil. olution 687 which demands that the that we mean business? I am reminded of Mark Hatfield’s Iraqi weapons program be destroyed, Remember what Saddam Hussein statement; he is a former Senator from destroyed and certified by inspectors, says at the end of every speech. His the State of Oregon. He said: that we have the satisfaction of know- last words are—think about this— I will vote for ANWR any day rather than ing that Saddam Hussein is no longer ‘‘death to Israel. Death to America.’’ send our young men or women overseas to smuggling oil in circumvention of the From what I have seen in Israel in the fight a war over oil on foreign soil. Oil for Food Program. We have already last 2 months, with all the suicide Well, we did it in 1992 and we lost 147 lost lives. We lost the lives of two bombers, we ought to know what he lives. Let’s get on with the issue at American Navy men when they inter- means. How long does this have to go hand and let’s reflect on the issues. cepted one of Saddam Hussein’s smug- on before we come to grips with reality American labor is on board because gling ships. In the process of boarding and make a commitment that we can they see it as a jobs issue—somewhere the ship, the ship sank and these two open up this area safely, that it will in the area of 250,000 new jobs. People American sailors lost their lives. Little significantly recuse our dependence on talk about stimulus. That is the larg- was said about it, but Saddam Hussein imported oil? I think that time has est single stimulus that anybody has is still taking American lives. come, and I urge my colleagues to been able to identify in this entire year Further, one could consider a stipula- make commitments to America’s envi- of debate on the floor of the Senate. tion that Saddam Hussein would not ronmental community to recognize What does it mean? It means 250,000 subsidize the action of the suicide that you are going to have to be count- jobs. But these are private sector, well- bombers. ed here and do what is right for Amer- paying jobs, union jobs that will not As I indicated earlier, some people ica, not necessarily what is right to cost the taxpayer one red cent. This is don’t have a second thought about placate some of the extreme environ- win-win-win-win. It is win for America, where we get our oil. Some think that mental groups that have used this as a win for jobs, win for reducing our de- drilling in Alaska is too risky. That is cash cow; they have milked it for all it pendence on imported oil, and win for poppycock. We have drilled in Alaska is worth. our scientific community and our envi- for 30 years in the Arctic and developed It is kind of interesting to hear the ronmental community—to ensure that the largest field in North America, mischaracterizations of a recent study we have the technology to do this Prudhoe Bay. You might not like oil- by the Department of the Interior, the right. USGS. They indicated in the first fields. That is your own business. But I look forward to the debate in the study the supposition that the entire Prudhoe Bay is the best oilfield not coming days, but I think it is appro- area was at risk. What is the entire only in the United States but in the priate to highlight what has happened area? It is 1.5 million acres that was world. It has more environmental over- in just the last 2 days. Saddam Hussein somehow at risk. It was the assump- sight by Federal and State officials, has determined he is going to stop oil tion that the entire area would be put laws, and regulations. production for 30 days. Venezuela is on So it is interesting to reflect, if you up for lease. Of course, the House bill, strike. We have, overnight, lost nearly don’t get the oil from here, where are and what is in the amendment that we 30 percent of our imports, and each day you going to get it? Do you want to go intend to offer, is that the footprint you are going to hear more bad news: to Colombia where they are blowing up will be limited to 2,000 acres. There will higher prices at the gas station and Colombian pipelines and kidnapping not be international airports, or air- higher prices to fill your heating oil American oil workers? Some of the oil- ports of any significance. There will tanks. You are going to see it rep- fields of Russia are an absolute dis- not be any activity during the caribou resented in the economy—on the stock grace from the standpoint of environ- calving season when the Porcupine market as it affects our growth and, mental oversight. herd is in the area. Drilling and explo- God knows what we can expect from Nobody seems to care where it comes ration will be limited to wintertime ac- the Mideast crisis that is underway in from. Why can’t it come from an area tivities. There will be no roads built. that area today, as our vulnerability where we have the oversight, where we There will just be ice roads. have the safety, and we can do it right? This is the technology we have now. becomes more intense. We have a situation today where Make no mistake about it, from the I will have more to say about this Israeli and Palestinian citizens are standpoint of conservation, we have topic each day. I wanted to bring to my dying in the streets. They are certainly learned how to take care of the car- colleagues’ attention the highlights of at risk. Yet they say it is too risky to ibou. There are two major actions we the pending crisis. When we left here open up the Arctic. I wonder if chan- have done to protect them. We allow no on our recess, we had a threat. Today neling funds to Saddam Hussein to hunting. You can’t run them down in a we have a crisis. Here it is: a 30-day oil allow him to carry out his vicious cam- snow machine. The herd, known as the embargo, $3-a-barrel increase, and Sad- paigns is not risky. Our men and western Arctic herd, in the Prudhoe dam pays suicide bombers $25,000. Iraq women in uniform are in harm’s way Bay area was about 3,000 in the early and Iran call on countries to use oil as today. Yet many Members in this body 1970s. It is over 26,000 today. You can’t a weapon. If that isn’t a threat against live in some fantasyland, a world of hunt in the area; you can’t take those the United States and Israel, I don’t ivory towers, an image of pristine wil- animals. know what is. Iraq plots to blow up derness. The Porcupine herd is something U.S. warships, and the price of gasoline Well, I have been there, Madam else. The aboriginal people depend is skyrocketing. President. It is a harsh reality. The ab- upon them, and the herd is quite Madam President, I suggest the ab- original residents of the area of healthy. Remember where that herd sence of a quorum. Kaktovic support the development. I goes. It crosses the Dempster Highway The PRESIDING OFFICER. The have felt like a voice in the wilderness in Canada. That is probably where it clerk will call the roll. on this issue for some time. We have a receives the most intense pressure The assistant legislative clerk pro- lot of wilderness—about 56 million from human predators, who take the ceeded to call the roll. acres, which is the size of the State of caribou for subsistence and sport pur- Mr. DASCHLE. Madam President, I California. poses. That doesn’t happen in Alaska; ask unanimous consent that the order It is time for some of us to face the it happens in Canada. for the quorum call be rescinded. facts. It is time to stop contributing to So I hope my colleagues will be ready The PRESIDING OFFICER. Without Saddam Hussein’s campaign of terror. to recognize the significance of their objection, it is so ordered. How bad do things have to get before votes. Not only is this a major issue for Mr. DASCHLE. Madam President, it we have the fortitude to recognize that the veterans of this country who have is 5:45 in the afternoon. We had one we can reduce our dependence and send said time and time again that we want vote today. Obviously, there will be no

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2402 CONGRESSIONAL RECORD — SENATE April 9, 2002 more rollcall votes today. I say ‘‘obvi- we can come up with a list of amend- The legislative clerk proceeded to ously’’; I should probably say ‘‘unfortu- ments. But, as I say, a Republican fili- call the roll. nately.’’ This is the fourth week now buster on the derivative amendment Mr. REID. Madam President, I ask we have been on this bill. This is the has to end. The ANWR amendment has unanimous consent that the order for 15th day we have been on this bill. We to be debated. We have to find some the quorum call be rescinded. have scores, if not hundreds, of amend- way to resolve whatever other out- The PRESIDING OFFICER. Without ments that ought to be offered and standing questions there are and bring objection, it is so ordered. ought to be debated. We listened to this bill to a close so we can move on Mr. REID. Madam President, I ask countless speeches all last year from to other important pieces of legisla- unanimous consent that at 9:15 on many of our Republican colleagues tion, including border security, which, Wednesday, April 10, the Senate re- about how critical it was we bring up as I understand it, is supported by the sume consideration of S. 517; that the this bill. I think Senator MURKOWSKI administration; Republicans and time until 9:45 a.m. be for debate prior on several occasions said: Let’s let the Democrats support it. to the cloture vote with respect to the chips fall where they may; let’s offer We also have the election reform bill. Feinstein amendment numbered 2989, amendments; let’s take up ANWR; let’s We have nominations we would like to with the time equally divided and con- get this legislation done. take up—judicial nominations. We trolled in the usual form; that at 9:45 The Senator from Alaska talked have heard a lot about that in recent tomorrow morning the Senate proceed today about this being another crisis, days. So there is no lack of work re- to vote on the motion to invoke clo- given the Iraqi situation. Here it is, quired of this body. Yet there are such ture; and that Senators have until 9:30 5:45 this afternoon, and we are facing a limits on our ability to deal with all of a.m. for filing second-degree amend- Republican filibuster on the Feinstein those and other priorities, simply be- ments to the Feinstein amendment. amendment, the so-called derivatives cause we have been unable to move this The PRESIDING OFFICER. Without amendment. We are hopeful we can at bill any further along than we are this objection, it is so ordered. afternoon. long last reach a cloture vote tomor- f row. They have been filibustering the Mr. REID. Will the Senator yield for MORNING BUSINESS derivative amendment now for some a question? Mr. DASCHLE. I will be happy to time. I don’t understand why we have Mr. REID. Madam President, I ask yield to the Senator from Nevada. yet to take up the ANWR amendment. unanimous consent that there be a pe- Mr. REID. I ask my friend from riod for morning business with Sen- As I said, after 15 long days of debate, South Dakota, the majority leader, if we have yet to debate one of the cen- ators permitted to speak therein for a he is aware that we have had speeches period of up to 5 minutes each. tral issues involving energy policy here in the past several weeks—we had from the Republicans’ perspective, and The PRESIDING OFFICER. Without one earlier this afternoon—of Senators objection, it is so ordered. that is the debate on ANWR. saying, Why don’t we vote on ANWR? It is critical we have that debate Why don’t we have an up-or-down vote f sooner rather than later. And if need on ANWR? THE MIDEAST CRISIS be, I know some of my colleagues have Is the Senator aware these speeches actually suggested maybe they will Mrs. CARNAHAN. Madam President, are being made by the other side often last week, as people of many faiths raise the issue, that they take it up, but no amendment is offered? Have you that they offer the amendment. We celebrated holy days of peace, our tele- ever seen a procedure such as that vision screens were filled with visions would probably offer the House lan- where they complain about not having guage. of horror. Young Palestinian men and a vote but they have not offered the women, strapping explosives to their We want to accomplish as much as amendment? bodies and detonating themselves in possible during this work period. I have Mr. DASCHLE. It is mystifying to crowds of Israeli civilians, destroyed laid out, on several occasions now, our me. We have been told for months, if hope and expectation with regard to not years, how critical ANWR is to dozens of lives and with them exploded the legislative agenda for this work pe- some of our colleagues on the other the hopes and dreams for a peaceful riod. It is ambitious. But our Repub- side. Yet after 15 days we are told we resolution of the Middle East crisis. lican friends in the administration, and still have to wait for an ANWR amend- The words used to acclaim these acts Republican friends in the Senate, talk ment on this energy bill. are deeply troubling. The murderous about how they are unable to take up So something doesn’t connect here. bomber who killed celebrants at the other very important pieces of legisla- Either ANWR is not important or there Passover meal was deemed ‘‘a glorious tion, including trade promotion au- is a slow-walking of the bill— martyr.’’ Such a proclamation is a thority and terrorist insurance. inexplicably. There is an emergency, as cruel hoax, perpetrated by those dedi- But we find ourselves here with a Re- some of our colleagues have indicated cated to the destruction of the Jewish publican filibuster on the energy bill, a today, but there is an inability here to state. It comes from those who have Republican reluctance to take up the connect the dots. It seems to me we never admitted in their hearts—and ANWR amendment, and, at 5:45 in the have to rectify that situation. will never admit that Israel has the afternoon, no one to offer amendments The Senator is right. You cannot right to exist within secure and peace- in spite of the fact that we have been give speeches and say it is important ful borders. on this bill now for 15 days and over 200 for us to finish the bill and take up They unleash their hate under the amendments are still pending. ANWR and we need a vote but then fail banner of such groups as Hamas, and So, I must say, it is a situation that to offer the amendment to get the vote. Hezbollah, the Fatah and the Al Asqa has to be rectified sooner or later. I ask my colleagues to recognize how Mosque Martyrs’ Brigade. There is no way we can take up all of precious our time is. This is Tuesday. I Unfortunately, the leader of the Pal- the other important bills during this have already had two or three requests estinian Authority, Yasser Arafat, is very critical work period if we do not for early evenings and early departure unwilling or unable to prevent the have more cooperation and ability to this weekend. I suspect we will get wave of assaults against Israeli civil- address the remaining issues in this more of those throughout the week. We ians. For far too many years he has bill than what has been demonstrated have to make the most of the days we talked the talk of peace; but he has so far. are here. Let’s make the most of never walked the walk for peace. It is unfortunate. It is frustrating to Wednesday, the most of Thursday. When it has served his interest to be at a point, after this long on the en- Let’s resolve these outstanding issues, speak of reconciliation, of compromise, ergy bill, that in my view is so far from let’s end the filibuster, and let’s get of security for Israel—he has done so. closure on a bill that both sides have this job done. But days, or even hours, later when acknowledged must be completed. I yield the floor and I suggest the ab- speaking to his people, or the Arab I want to complete it. I know Sen- sence of a quorum. world, he uses language that urges ator REID has been working very hard The PRESIDING OFFICER. The armed struggle, a war of liberation, to try to work on both sides to see if clerk will call the roll. and a return to conquered lands.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2403 He has not prepared his people for They must denounce terror against have no place to put the waste. The peace. He has not explained the need Israel with the same strength and pas- Federal Government has an obligation for compromise. In fact, maps in school sion as they denounce actions taken for the spent fuel and the DOE waste, books do not even show the State of against Palestinians. They must halt and to meet this obligation we must Israel. their financial backing for terrorist open that repository, and we must do it On the White House lawn, President groups dedicated to the destruction of soon. Clinton urged both sides to take a Israel. They must put an end to the To date, we have spent over 20 years chance for peace. Israel was willing to anti-semetic, anti-Israel, and anti- and over $4 billion to investigate and do just that. Israel traded land in the American rhetoric in their state spon- characterize the site. The science tells hope for peace. Israel promised even sored media. Finally, they must con- us this is the place. more land, and a Palestinian state. vince Yasser Arafat, and more impor- I join Senator BINGAMAN in urging What did the Palestinians do? They tantly the Palestinian people, to aban- my colleagues to vote for this resolu- did not create a government to serve don their self-destructive behavior. tion when it comes before the Senate. the best interests of their people. Yas- Had the Passover ceremony in f ser Arafat created a gulag on Israel’s Netanya not been violated by a mur- TRIBUTE TO THE GIRL SCOUTS OF back doorstep—one riddled by corrup- derous bomber, those present, together AMERICA tion and bent on crushing dissent. The with Jews around the world, would Palestinian leader built an infrastruc- have ended the ceremony by saying: Mr. DASCHLE. Madam President, I ture for terror and then incited his peo- ‘‘next year in Jerusalem.’’ would like to take this opportunity to ple telling them that Palestine would The Jerusalem to which they aspire, recognize the 90th Anniversary of the run from the Jordan River to the Medi- however, is not the city we see today— Girl Scouts of the United States of terranean Sea. a city stricken with fear; a city of America. In March, this vital organiza- When the parties met at Camp David, shattered windows and shattered lives tion celebrated an important milestone Israel did what it had never done be- where calls to worship have been re- in its efforts to encourage girls and fore. It put the issue of Jerusalem on placed by sirens and ambulances. young women from communities across the table. But the most generous offer No, the Jerusalem to which they as- our nation to enjoy scouting activities Israel could possibly make, was not pire, is a Jerusalem of tolerance, of that nurture their mental, physical, only rejected, it was brutalized by vio- faith, and of peace. and spiritual well-being. Congratula- lence. That violence has intensified for While that vision seems remote at tions to the 3.8 million members 18 months, mutating into waves of sui- the moment, we are reminded of the throughout the United States. cidal terror. words of Louis Pasteur, who said: I am pleased to tell you that more In the minds of most Israelis, this Never let yourselves be discouraged by the than 9,000 girls across the State of cruel response has undermined Yasser sadness of certain hours which pass over na- South Dakota actively participate in Arafat as a genuine partner in search tions. Girl Scouts. In particular, I want to of peace, for Israel now has to question For those who earnestly seek peace, commend the Girl Scouts of Nyoda whether land for peace is actually an even dark days can be the harbingers of Council for their outstanding accom- equation for more violence. brighter tomorrows. plishments in the areas of leadership, Israel has an obligation to its citi- Our prayers today are for a brighter community service and personal devel- zens to respond. When al Qaeda at- tomorrow for all in the Mideast, for all opment in our state. For over 35 years, tacked America, we sent our military people of goodwork. this chapter has offered a spiritually across the globe to seek out the terror- f motivated, values-based program that ists in training camp by camp, cave by encourages every girl to reach her cave. Israel has terrorist’s cells just a NEVADA VETO OF YUCCA highest potential. The Girl Scouts of couple miles from its largest cities. It MOUNTAIN SITE Nyoda Council adhere to the vision had no choice but to take them out— Mr. MURKOWSKI. Madam President, statement of the Girl Scout movement: root and branch. I advise my colleagues that yesterday ‘‘to inspire girls with the highest ideals America is conducting her own war another significant step was taken in of character, conduct, patriotism, and on global terrorism in the wake of at- the process to address relief for nuclear service, that they may become happy tacks on our country and to address energy by the approval of the Yucca and resourceful citizens.’’ the threat of Saddam Hussein acquir- Mountain process—and I emphasize On April 13, the Nyoda Council will ing weapons of mass destruction. But process because it is a step-by-step ef- hold their Girl Scout Gold Award cere- the United States must at the same fort. mony in honor of those who have time devote its full resources to resolv- The Governor of Nevada came to achieved the highest honor a Senior ing the Israeli-Palestinian conflict. We Washington to deliver his veto over the Girl Scout can attain. They deserve must do so in a way, however, that President’s recommendation to site recognition for their outstanding work, does not undermine the core principle this Nation’s high-level waste reposi- perseverence, leadership, and commu- of our war against terrorism. There tory at Yucca Mountain in Nevada. nity involvement. I applaud their ‘‘can- must be zero tolerance for terrorism. Further, Chairman BINGAMAN, chair- do’’ spirit, determination, and dedica- Such deeds cannot have, or be per- man of the Energy and Natural Re- tion to the betterment of their commu- ceived to have, any political benefit. sources Committee, today took yet an- nity. Those who seek a political solution other step in introducing a resolution, Congratulations to the Girl Scouts of to conflict must first rebuild trust by S.J. Res. 34, to override the Nevada Nyoda Council on this very special oc- rejecting terror. Unfortunately, both veto. Senator BINGAMAN’s action sets casion. May they enjoy this celebration the Arab League and Islamic Con- in motion the congressional fast-track of their efforts, and keep up the great ference have failed to do so. Nonethe- procedure in both the House and Sen- work. less, Secretary Powell’s mission takes ate to approve this resolution, which is Mr. BINGAMAN. Madam President, I place against the backdrop of a new done by a simple majority. We finally rise today to speak on behalf of the Arab initiative. may approve a safe, remote, central fa- Girl Scouts. In honor of their 90th an- This initiative has many flaws, but it cility for our Nation’s nuclear waste. niversary, I would like to congratulate is significant. Arab governments have Without this repository, our nuclear this extraordinary group for their now demonstrated a desire to play a plants would have to shut down, and I many years of excellence and service to constructive role in resolving the con- do not think we can address that risk, this Nation. This organization has pro- flict. Since the Palestinian leadership recognizing nearly 20 percent of our vided great opportunities for many has been totally discredited as peace Nation’s energy is generated by nu- girls and young women, helping them partners, the path to peace goes clear power. to develop to their full potential and to through Amman, Cairo, and Riyadh. Without Yucca Mountain, the cold- become good citizens and great leaders. If these governments are serious war legacy sites throughout the U.S. The Girl Scout Law states that each peace-seekers, other steps must follow. will not get cleaned up because we will girl will strive to possess honesty,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2404 CONGRESSIONAL RECORD — SENATE April 9, 2002 courage, responsibility, and respect Mr. SMITH of New Hampshire. Assistance Act of 2002, plus direct both for themselves and others. These Madam President, I rise today to show spending effects that were not in the ideals demonstrate the high standards my support for the 90th anniversary of previous estimate. I ask unanimous this organization sets in encouraging the Girl Scouts. Through the Girl consent that the revised CBO estimate, the development of young girls. Scouts, girls acquire self-confidence, a dated April 1, 2002, be printed in the Currently in New Mexico, approxi- sense of responsibility, life skills and RECORD. mately 8,000 girls and 3,000 women par- integrity. In each level of the Scouts, There being no objection, the mate- ticipate in Girl Scouts. Chapparal young girls learn skills that will assist rial was ordered to be printed in the Council, one of the three New Mexican them as they enter adulthood, includ- RECORD, as follows: Girl Scout councils, covers counties in ing science and technology education, U.S. CONGRESS, northwestern New Mexico and parts of money management, sports training, CONGRESSIONAL BUDGET OFFICE, Southwestern Colorado. The 6,000 mem- engaging in community services, art Washington, DC, April 1, 2002. bers of that council contribute their Hon. MAX BAUCUS, education, and much more. The Girl Chairman, Committee on Finance, U.S. Senate, time and effort to better their commu- Scouts encourage their members to en- Washington, DC. nities. These girls, along with count- gage in a wide variety of activities DEAR MR. CHAIRMAN: The Congressional less other women who once pledged the such as field trips, sports camps, and Budget Office has prepared the enclosed re- Girl Scouts’ promise have and will re- cultural exchanges. I am proud to note vised cost estimate for S. 1979, the Energy ceive the many benefits from this orga- that members of my staff were Girl Tax Incentives Act of 2002. The estimate in- nization. Scouts when they were younger. cludes direct spending effects on the Ten- The Girl Scouts’ new initiative ‘‘For The mission of the Girl Scouts is to nessee Valley Authority, loans issued by the Every Girl, Everywhere’’ highlights the Rural Utilities Service, and crop subsidies help all girls grow strong and prepare provided by the Department of Agriculture diversity of this fine group, attempting for adulthood by empowering them to that were not in the previous estimate. Re- to reach out to every girl in every com- develop their full potential, get along view estimates reflect changes in current munity, regardless of race, ethnicity, well with others, and to work together law resulting from enactment of Public Law or geographic boundaries. The Girl to contribute to their communities. 107–147, the Job Creation and Worker Assist- Scouts have given girls from every so- Today, the organization boasts a mem- ance Act of 2002, which was signed on March cioeconomic background an equal op- bership of 3.8 million members, 2.7 mil- 9, 2002. This estimate supersedes the esti- portunity to become successful adults lion girls and over 900,000 adults. mate that CBO provided for this bill on Feb- ruary 27, 2002. through the exploratory and intellec- I would like to take just a moment to If you wish further details on this esti- tual activities in which they partici- commend the activities that the Girl mate, we will be pleased to provide them. pate. This has especially played an im- Scouts are involved with in my State The CBO staff contacts are Erin Whitaker portant role in New Mexico. of New Hampshire. I would like to spe- (for revenues), who can be reached at 226– Throughout New Mexico, girls have cifically thank the Girl Scouts of Swift 2720, and Lisa Cash Driskill (for direct spend- been changing their lives in a positive Water Council for their numerous con- ing), who can be reached at 226–2860. way that will no doubt benefit them in tributions toward the development of Sincerely, their future endeavors. By focusing on young women in our state. For a single BARRY B. ANDERSON (For Dan L. Crippen, Director). health and fitness, appreciating diver- organization to reach over 15,000 girls Enclosure. sity, and community service, the Girl in New Hampshire alone is extraor- CONGRESSIONAL BUDGET OFFICE COST Scouts have inspired girls with high dinary. There are three programs that ESTIMATE, REVISED APRIL 1, 2002 ideas of character, conduct, and patri- fall under the Swift Water Council that [S. 1979: Energy Tax Incentives Act of 2002, otism. Girls participate in many events I want to commend. The Cool Connec- as ordered reported by the Senate Com- throughout their community such as tions program at Sanders Cottage in mittee on Finance on February 13, 2002] providing help to those in need and Manchester, and the Antrim Girls SUMMARY working to improve the environment. Shelter both help young girls in crisis S. 1979, the Energy Tax Incentives Act, They organize donation drives for by teaching them how to make positive would amend numerous provisions of tax law needy families, plan activities for sen- decisions and boosting their self-es- relating to energy. The bill would enhance ior citizens, hold flag ceremonies teem. The Swift Water Council also es- and create credits for the use and develop- throughout the State, plant trees and tablished an activity center for young ment of energy-efficient technologies, amend tax rules to provide deductions for certain clean up local parks. refugee girls at the International Insti- Although the Girl Scouts are pri- devices and credits for businesses that pro- tute in Manchester. This Institute vide energy, and enhance and create credits marily community based, the ideals of helps refugees from wartorn nations and deductions for the production of oil, gas, caring and helping others are also dem- seek asylum in the United States. and other types of fuel. Certain tax credits onstrated on a national level. After the These activities provide young girls would be available to the Tennessee valley tragedy of September 11th, Girl Scouts with socialization, group cooperation Authority (TVA) and rural electric coopera- from the Zia Council in New Mexico skills, and the tools they need to accli- tives in the form of credits that could be made dream catchers, a Native Amer- mate successfully into the community. used to pay sums owed to the Treasury. The bill also would provide tax credits for the ican work of art symbolizing peaceful I am grateful for the contributions sleep, and had them blessed and sent to production of biodiesel fuels. which would re- that the Girl Scouts have made in my sult in a reduction in the subsidies provided New York in memory of the victims state. by the Department of Agriculture (USDA) and their families as a way of reaching In closing, I want to commend the for certain crops. Most provisions of S. 1979 out to those in need of inspiration. Girl Scouts for 90 years of positive in- would take effect in 2003, but some would Through this organization, girls fluence on the lives of young girls all take effect in 2002. learn to set high standards and develop across this nation. I especially want to The Congressional Budget Office (CBO) and qualities that will benefit them thank the Girl Scouts of New Hamp- the Joint Committee on Taxation (JCT) esti- mate that enacting the bill would decrease throughout their lives. They are able shire and the adult volunteers who sup- to learn self-confidence, responsibility, governmental receipts by $80 million in 2002, port them. Keep up the good work. by $8.3 billion over the 2002–2007 period, and and leadership skills, and are encour- f by $14.4 billion over the 2002–2012 period. CBO aged to think creatively. Through the estimates that provisions in the bill affect- hard work of this organization over 50 REVISION IN ENERGY TAX ing TVA, rural electric cooperatives, and million women have been touched by INCENTIVES REPORT USDA would result in an increase in direct the positive impact of Girl Scouts. As Mr. BAUCUS. Madam President, on spending of $20 million in 2002, a decrease of the world’s largest girls’ organization March 1, 2002, I filed Report 107–140 to about $75 million over the 2002–2007 period, with currently 2.7 million girl members accompany S. 1979, the Energy Tax In- and a decrease of about $200 million over the and just under 1 million adult mem- centives Act of 2002. Since that time, 2002–2012 period. CBO also estimates that cer- tain provisions requiring studies and reports bers, I would like to once again com- the Congressional Budget Office has re- would have an insignificant impact on spend- mend past, current and future Girl vised its estimate to reflect changes re- ing subject to appropriation. Since S. 1979 Scouts for their valuable contributions sulting from enactment of Public Law would affect direct spending and receipts, and dedication over the last 90 years. 107–147, the Job Creation and Worker pay-as-you-go procedures would apply.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2405 CBO has determined that provisions of the and would not affect the budgets of state, new private-sector mandates as defined in bill requiring the Secretary of the Treasury local, or tribal governments. JCT has deter- UMRA. and the General Accounting Office to report mined that the remaining provisions of the ESTIMATED COST TO THE FEDERAL GOVERNMENT the results of certain studies contain no bill contain no intergovernmental mandates intergovernmental mandates as defined in as defined in UMRA. The bill contains no The estimated budgetary impact of the bill the Unfunded Mandates Reform Act (UMRA) is shown in the following table.

By Fiscal Year, in Millions of Dollars 2002 2003 2004 2005 2006 2007

CHANGES IN REVENUES Estimated Revenues ...... ¥80 ¥312 ¥1,237 ¥2,259 ¥2,583 ¥1,869 CHANGES IN DIRECT SPENDING Credits for Clean Coal and Renewable Technologies Used by TVA: Estimated budget Authority ...... 10 10 10 10 Estimated Outlays ...... 10 10 10 10 Credits for Clean Coal and Renewable Technologies Used by Rural Electric Cooperatives: Estimated Budget Authority ...... 20 0 ...... Estimated Outlays ...... 20 0 ...... Effect of Biodiesel Tax Credits on Spending for Farm Programs: Estimated Budget Authority ...... ¥13 ¥22 ¥28 ¥33 ¥38 Estimated Outlays ...... ¥13 ¥22 ¥28 ¥33 ¥38 Total Changes in Direct Spending: Estimated Budget Authority ...... 20 ¥13 ¥12 ¥18 ¥23 ¥28 Estimated Outlays ...... 20 ¥13 ¥12 ¥18 ¥23 ¥28

BASIS OF ESTIMATE for budgetary scoring purposes, be treated as a year beginning in 2004, when we expect the Revenues if it were extended permanently. On that agency would revise its rates. Hence, CBO es- All revenue estimates were provided by basis, CBO estimates that the biodiesel pro- timates that this provision would cost a JCT except for one provision. For the years vision would reduce revenues by $448 million total of about $90 million over the 2002-2012 2006–2012, CBO estimated the revenue effects from 2006 through 2012. In all, CBO and JCT period. of the provision providing a tax credit and estimate that the provision would reduce Rural electric cooperatives would be eligi- excise tax rate reduction for biodiesel fuel revenues by $552 million from 2002 through ble for both the clean coal technology and mixtures. 2012. renewable energy tax credits offered under Five provisions would compose a signifi- Direct Spending the bill. Based on information from industry cant portion of the effect on revenues if en- Effect of Biodiesel Tax Credits on Farm Pro- analysts, CBO expects that rural electric co- acted. Those provisions would extend the grams. Because of the bill’s incentives to sell operatives would make investments in tech- credit for producing energy from certain and use biodiesel fuels, JCT and CBO have nologies that would qualify for such credits sources, extend the credit for purchase of al- estimated that use of these fuel mixtures over the next several years. The bill would ternative motor vehicles, and modify the would increase. Because the vegetable oil in allow the credits to be sold or traded to cer- credit for purchase of electric vehicles. They the mixtures is expected to be primarily de- tain other taxable entities, or used to prepay also would establish a statutory 15-year re- rived from soybeans and a few other oilseeds, loans held by the federal spending. For this covery period for natural gas distribution the price of these oilseeds would increase. estimate, we assume that around 15 percent lines, expand the credit for certain quali- (Qualifying vegetable oils may be derived of eligible cooperatives would prepay their fying fuels produced from coal to fuels pro- from corn, soybeans and a list of other oil federal loans with the Rural Utilities Serv- duced in facilities placed in service after the seeds.) Higher commodity prices would re- ice, rather than trade the credits. date of enactment, and modify the rules gov- sult in lower costs of farm price-support and The authority provided by the bill to pre- erning certain requirements for contribu- income-support programs administered by pay federal loans with non-cash credits tions to, and transfers of, qualified nuclear the Agriculture Department. CBO estimates would be considered a loan modification. decommissioning funds. These provisions these changes in the demand for soybeans Under the Credit Reform Act, the cost of a would, if enacted, reduce revenues by $57 and other grains would reduce federal spend- loan modification is the change in the sub- million in 2002, $3.3 billion over the 2002–2007 ing by $308 million over the 2002–2002 period. sidy cost of the cost of this provision would period, and $6.8 billion over the 2002–2012 pe- Use of Credits for Federal Payments by TVA be about $20 million and would be recorded in riod. and Rural Electric Cooperatives. The bill would 2002, when the modification would be author- Section 209 of the bill would provide for an establish tax credits for electric power pro- ized. income tax credit and a reduction in the ex- ducers using certain coal and renewable cise tax rate on purchases of biodiesel fuel technologies. Although exempt from tax- Spending Subject to Appropriation mixtures (a combination of diesel fuel and ation, TVA and rural electric cooperatives The bill would require the General Ac- vegetable oil). These provisions would expire would be eligible to take such credits in the counting Office and the Department of the on December 31, 2005. The JCT assumes that form of cash-equivalent credits that could be Treasury to provide annual reports on en- they would expire at that time and estimates used to repay amounts they owe to the ergy tax incentives. Based on information that they would reduce revenue by $74 mil- Treasury. We estimate that the provisions from these agencies, CBO expects that pre- lion through fiscal year 2006. CBO extends would cost $20 million in 2002 and $110 mil- paring the reports would cost less than those revenue losses beyond 2006, however, lion over the 2002-2012 period. $500,000 per year, assuming appropriation of based on the rules governing CBO’s revenue CBO expects that TVA will make signifi- the necessary amounts. baseline. Those rules require CBO to treat cant investments in pollution control and excise taxes dedicated to trust funds as per- clean coal technologies over the next 10 PAY-AS-YOU-GO CONSIDERATIONS manent, even if they expire during the pro- years and thus would be eligible for the cash- The Balanced Budget and Emergency Def- jection period. The excise taxes on motor equivalent credits authorized by the bill. icit Control Act sets up pay-as-you-go proce- fuels are dedicated to the Highway Trust TVA could use such credits to reduce its pay- dures for legislation affecting direct spend- Fund and are scheduled to expire on Sep- ments to the Treasury for past appropria- ing or receipts. The net changes in outlays tember 30, 2005. The biodiesel provision tions. TVA could then pass such savings on and governmental receipts that are subject would reduce the excise tax rate on certain to its customers by lowering the price it to pay-as-you-go procedures are shown in the motor fuels. Because CBO’s baseline extends charges for electricity. We estimate that following table. For the purposes of enforc- the excise taxes at the rate existing at time this price adjustment would reduce TVA’s ing those procedures, only the effects of expiration, the biodiesel provision would, power revenues by an average of $10 million through 2006 are counted.

By Fiscal Year, in Millions of Dollars 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Changes in outlays ...... 20 ¥13 ¥12 ¥18 ¥23 ¥28 ¥29 ¥31 ¥22 ¥26 ¥16 Changes in receipts ...... ¥80 ¥312 ¥1,237 ¥2,259 ¥2,583 ¥1,869 ¥1,234 ¥1,181 ¥1,174 ¥1,214 ¥1,289

PREVIOUS CBO COST ESTIMATES Creation and Worker Assistance Act of 2002, to account for the impact on baseline projec- signed on March 9, 2002 extends certain tax tions of the reduction in excise tax rates for This revised cost estimate supersedes the credits that would also be extended by S. biodiesel fuels. CBO cost estimate for this bill prepared on 1979. In addition, CBO has increased the esti- The revised estimate also includes an esti- February 27, 2002. Revenue estimates have mate of direct spending effects on TVA, mate of revenue losses by about $448 million changed because Public Law 107–147, the Job loans issued by the Rural Utilities Service to

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2406 CONGRESSIONAL RECORD — SENATE April 9, 2002 rural electric cooperatives, and crop sub- reauthorizes and expands several pro- treatments for diseases that include sidies provided by the USDA. The effect of grams designed to help children and schizophrenia, diabetes, cancer, depres- these changes would be to increase direct families in high-risk situations. Spe- sion, heart disease and stroke. Some of spending by $20 million in 2002 and decrease cifically, the bill established grants for my colleagues may know that VA’s ex- direct spending by about $200 million over the 2002–2012 period. programs for mentoring children of pertise in prosthetics and spinal cord prisoners, and amends the Foster Care injury research is unparalleled; fewer INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT Independent Living program to provide may be aware that VA researchers pio- CBO has determined that provisions of the for educational and training vouchers neered the concepts that allowed devel- bill requiring the Secretary of the Treasury for youths aging out of foster care. It opment of the CAT scan and MRI, the and the General Accounting Office to report also extends adoption assistance eligi- cardiac pacemaker, and safe kidney the results of certain studies contain no bility and prevents states from opting and liver transplants. VA researchers intergovernmental mandates as defined in out of criminal background checks for have demonstrated the best clinical UMRA and would not affect the budgets of foster and adoptive parents. practices for detecting high cholesterol state, local, or tribal governments. JCT has In addition, I have cosponsored a bill, and colon cancer, launched a large- determined that the remaining provisions of which would restore the Social Serv- scale study to determine the best way the bill contain no intergovernmental man- dates as defined in UMRA. The bill contains ices Block Grant (SSBG) funding. Mis- to treat HIV infection, and started a no private-sector mandates as defined by souri uses its Social Services Block landmark clinical trial to treat Par- UMRA. Grant funds to provide aid to families kinson’s disease. Estimate prepared by: Revenues: Erin sand children with identified problems In March, VA researchers announced Whitaker (226–2720); Federal Costs: Lisa Cash in the areas of child abuse and neglect, another breakthrough finding. Two VA Driskill, and Dave Hull (226–2860); Impact on and services to juvenile offenders com- researchers, Dr. Karl Hostetler and Dr. State, Local, and Tribal Governments: Susan mitted to the custody of the State’s Di- James Beadle of the VA San Diego Sieg Tompkins (225–3220); and Impact on the vision of Youth Services as well as Healthcare System, worked with mili- Private Sector: Paige Piper/Bach (226–2940). Estimate approved by: G. Thomas Wood- other services to our most vulnerable tary and academic colleagues to de- ward, Assistant Director for Tax Analysis citizens. I am committed to increasing velop a drug that could be the best tool and Robert A. Sunshine, Assistant Director funding for this important program. we have yet to protect the public from for Budget Analysis. Yes, we have had significant vic- the threat of smallpox. f tories, but there is much left to do. As Until recently, only vaccination long as there is one child that needs could be used to stop the spread of a LET US REMEMBER THE our help, we must remain committed. smallpox epidemic. Because doctors CHILDREN In closing, let me share a few lines eradicated naturally occurring small- Mrs. CARNAHAN. Madam President, from a poem I ran onto recently. I hope pox in the 1960’s, the smallpox vaccine nearly 2,000 years ago, a ‘‘poll’’ was you will keep its vivid imagery before has been neither manufactured nor taken on the road between Jericho and you as we continue to search for solu- used regularly in decades, leaving the Jerusalem. We are told that only one tions. American population vulnerable to a out of three was willing to turn from Let us remember the children deliberate attack by terrorists. Al- their personal pursuits to help someone who can’t bound down the streets in a new though HHS recently accelerated and who had been physically assaulted and pair of sneakers, expanded a plan to vaccinate the U.S. left without care. This story of the who never go to the circus, population, the vaccine doses will not Good Samaritan is an ancient and fa- who live in an X-rated world. be ready for some time, and are not miliar teaching. We must be the people Let us remember the children without risk of potentially serious today who will pause in our own pur- who have no safe blanket to drag behind side-effects. suits to help heal the wounds in our so- them, Although researchers proved several ciety. whose pictures aren’t on anybody’s dresser, years ago that an existing drug called whose monsters are real. April is Child Abuse Prevention cidofovir could prevent smallpox from Month. Today I want to challenge all And let us remember the children who want multiplying and spreading, this drug to be carried and for those who must, of us to face this horrific national trag- had to be administered intravenously, edy head on. We should never lose sight gor those we never give up on and for those who don’t get a second chance, over the course of at least an hour. In of the pressing needs of our most pre- for those who cling to the shadows and for the case of an epidemic, it would sim- cious resource, our children. Across the those who will grab the hand of any- ply be impossible to treat every person nation, neglect and abuse figures reach body kind enough to offer it. at risk. 2.5 million. Not only has the reported f Drs. Hostetler and Beadle and their number of abused and neglected chil- colleagues developed a powerful form dren increased, but their problems are VA RESEARCHERS IDENTIFY ORAL of this drug that can be taken as a pill more severe and difficult to treat. TREATMENT FOR SMALLPOX or a capsule. Although this research is Abuse is not new, nor is it likely to go Mr. ROCKEFELLER. Madam Presi- still in its early stages, VA and mili- away, but I believe we are lowering the dent, as the Chairman of the Com- tary scientists showed that a few oral tolerance for this kind of behavior. mittee on Veterans’ Affairs, I am com- doses of this drug each day protected Policy makers, community leaders, mitted to focusing a spotlight on find- animals completely against a virus educators and parents came together ings by researchers at the Department closely related to smallpox. In the near on April 1st in Kansas City to dem- of Veterans Affairs, VA. For too long, future, we may be able to contain any onstrate their commitment to the VA researchers have labored with only potential outbreak of smallpox using issue. These are the types of actions we the recognition of their peers to ac- this simple medication, rendering need to help build strong families and knowledge the excellent caliber of VA smallpox useless as a biological weap- eliminate the circumstances leading to research into the treatment of a wide on. abuse. range of diseases. This research promises to bear fruit As legislators, we are making signifi- A recent finding—the discovery of a not only for emergency medical pre- cant strides in our crusade against drug that might help us fight smallpox, paredness, but for those who must take abuse. I supported $82.6 million in con- the most feared weapon in bioterror- cidofovir to treat more common but tinued funding of the Child Abuse Pre- ists’ arsenal—offers real hope for pro- still devastating viral infections. vention and Treatment Act during the tecting our Nation against the threat This work grew from a collaboration appropriations process. President Bush of bioterrorism. This discovery dem- between VA, military, NIH, and aca- signed the appropriations bill into law onstrates again how integral VA’s ef- demic researchers. As I have said many on January 10, 2002. forts are not only to public health and times, we cannot in these times neglect I was pleased to support the Pro- research, but to domestic security. any resource available to us when con- moting Safe and Stable Families VA’s Medical Research Service may fronting potentially catastrophic Amendments Act that the President not support as many projects as the threats to this nation’s health, whether also recently signed into law. This bill NIH, but its work has yielded effective in offering medical care or developing

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2407 new technologies and treatments to and congressional initiatives. It is my the way we live. Santa Clara’s sesqui- protect the public. hope that as a former small business centennial slogan, ‘‘150 years of democ- I am proud to recognize the insight owner and innovative thinker Mrs. racy, diversity, distinction,’’ could not that these researchers and VA have Sabelhaus will steer the agency toward be more appropriate. I hope the people shown, and continue to show, in explor- our bipartisan goal: to cultivate the of Santa Clara enjoy this yearlong ing cutting-edge research. This is yet entrepreneurial spirit of this country celebration and I wish them another another contribution that the VA and provide all—including women and 150 years of success.∑ health care system has made, not only minorities in the small business world f to the health of our nation’s veterans, with adequate and equal access to cap- THE 30TH ANNIVERSARY OF THE but to our national safety and well- ital and opportunities and the re- NATIONAL COMMITTEE FOR EM- being. sources and counseling that often de- PLOYER SUPPORT OF THE f termine a business’s success or failure. GUARD AND RESERVE I look forward to working with Mrs. CONFIRMATION OF MELANIE ∑ Sabelhaus, the new Deputy Adminis- Mr. BOND. Madam President, today I SABELHAUS trator for the U.S. Small Business Ad- wish to congratulate the National Mr. KERRY. Madam President, I ministration, as we seek to assist the Committee for Employer Support of speak today to congratulate Melanie small business community. the Guard and Reserve, ESGR, its 4,200 Sabelhaus, who was confirmed by the volunteers and Department of Defense, f Senate last evening as the Deputy Ad- DOD, staff, in celebrating 30 years of ministrator for the U.S. Small Busi- ADDITIONAL STATEMENTS service to this Nation. ness Administration. The National Committee for Em- The U.S. Senate Committee on Small ployer Support of the Guard and Re- Business and Entrepreneurship held a IN CELEBRATION OF THE CITY OF serve was established in 1972, the year hearing on Mrs. Sabelhaus’ nomination SANTA CLARA’S 150TH ANNIVER- the United States ended the Selective on February 27, 2002. On March 12, 2002, SARY Service System and established an all- the Committee voted unanimously in ∑ Mrs. BOXER. Madam President, I volunteer military force. DOD realized support of her nomination and rec- would like to take this opportunity to that support from employers and com- ommended her favorably to the full recognize the 150th Anniversary of the munities would be instrumental in Senate, which approved her nomina- City of Santa Clara in my home state maintaining Reserve component mem- tion by unanimous consent on April 8, of California. bership. ESGR was created to obtain 2002. I would like to thank the Senate As early as 4000 BC, Ohlone Indian employer and community support for floor staffs for their assistance in mov- settlements were found in the area. the National Guard and Reserve and to ing Mrs. Sabelhaus’ nomination so The City of Santa Clara began in 1852 promote the role of Reserve forces in quickly. as a small Spanish mission. After the national defense. ESGR has lived up to the task and Mrs. Sabelhaus has had an excellent Santa Clara was incorporated as a city, accomplished much more. Since 1972, career that has provided her with both the fertile valley became a magnet for with the help of the Advertising Coun- the necessary management and small farmers and Santa Clara was soon cil, Inc., ESGR has benefitted from business experience required of a Dep- filled with bountiful orchards and nearly $1 billion in pro bono adver- uty Administrator at the SBA. Having farms. Today, Santa Clara is located in tising reaching the six million employ- chaired her nomination hearing and the heart of California’s Silicon Valley, ers with one or more employees in the known her from her volunteer work the technology capital of the world. United States. From Indian settlement to Spanish with the Nantucket Historical Associa- Employers have, in turn, signed tion, I can report that President Bush mission, from orchard country to high ESGR Statements of Support, publicly has made a qualified choice in select- tech mecca, Santa Clara has been part committing to support the National ing Mrs. Sabelhaus for the critical post of the rich history of California. Guard and Reserve. The former Chair- of Deputy Administrator at the U.S. Last year, the National Civic League man of the Board and CEO of General Small Business Administration. bestowed the prestigious ‘‘All-America Motors, Mr. James H. Roche signed the I believe calling this position critical City’’ award on Santa Clara. Santa first Statement of Support in the Of- in no way overemphasizes its impor- Clara was one of only 10 cities in the fice of the Secretary of Defense on De- tance, for the Deputy Administrator U.S. to be given this award for success- cember 13, 1972. The next day, Presi- has historically served as the day-to- ful community collaboration. Santa dent Richard Nixon signed a Statement day manager of the SBA in the Admin- Clara has also recently been given top of Support covering all Federal civilian istrator’s absence. In fact, the Deputy marks as a ‘‘2001 Kid-Friendly City.’’ I employees. Since the inception of this Administrator position was made sub- am delighted that Santa Clara is such program, Presidents Ford, Carter, ject to Senate confirmation a little an outstanding place for children and Reagan, Bush, Clinton and President over ten years ago, with the passage of families. And Santa Clara’s Code of George W. Bush have all signed State- the Small Business Reauthorization Ethics and Values has been getting na- ments of Support, along with hundreds and Amendments Act of 1990, precisely tional attention as a model for using of thousands of employers, including because the Congress recognized its im- shared values to guide a city. Dell Computer Corporation, Xerox, the portance to the management of the While Santa Clara receives national Society for Human Resource Manage- Agency. During the nomination proc- attention, a 2000 public opinion survey ment and the U.S. Chamber of Com- ess, the Committee received assurances found that the residents of Santa Clara merce. To date, over 300,000 employers from Mrs. Sabelhaus and Adminis- feel their city is one of the best places have signed statements of support. Ad- trator Barreto that one or both would in America to live. This local pride is ditionally, the strategic alliance be on hand to run the SBA on a daily one of the things that makes this city formed in 1998 between ESGR and the basis, barring extraordinary cir- such a California treasure. U.S. Chamber of Commerce resulted in cumstances. Santa Clara is home to California’s more than 1,200 chambers of commerce The SBA’s role is vital to our con- first school of higher learning, Santa nationwide signing a Statement of tinuing economic well-being, especially Clara University, established in 1851. Support for the Guard and Reserve. now as we seek to improve our econ- At the center of campus is the beau- ESGR offers Ombudsman services de- omy. Loan programs, technical assist- tiful Mission Santa Clara de Asis, the signed to provide information to em- ance programs and contracting pro- eighth of the original 21 California mis- ployers and Reservists regarding their grams are just a few of the tools the sions. rights and responsibilities under the SBA has to help small businesses—and I am thrilled that the City of Santa law, and to resolve conflicts through a small sample of the issues Mrs. Clara, its local government and its informal mediation. These services op- Sabelhaus will face on a daily basis as residents maintain such a strong com- erate in cooperation with the Depart- she seeks to aid the Administrator in munity spirit while its high-tech com- ment of Labor. ESGR volunteers in 54 implementing the President’s policies panies provide new products to change U.S. States and territories contribute

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2408 CONGRESSIONAL RECORD — SENATE April 9, 2002 thousands of hours of effort rep- WE THE PEOPLE COMPETITION came together to make considerable resenting millions of dollars of volun- ∑ Mr. HOLLINGS. Madam President, I improvements to the facility. teer service in support of ESGR pro- want to recognize the 20 students of Rhona Charbonneau has set a posi- grams, its services, and the men and Wilson High School in Florence, SC, tive example for not only the commu- nity of Hudson, but for the entire Gran- women of our nation’s Reserve forces. who will be visiting the Capitol in ite State. By consistently working to The National Committee for Em- early May to compete in the national improve her community she has shown ployer Support of the Guard and Re- finals of the ‘‘We The People . . . The a tremendous dedication to the com- serve is smart government in action. Citizen and the Constitution’’ program. munity in which she and her family The small ESGR staff in Arlington, VA Right now the students are conducting have lived for more than 50 years. She under the direction of the Assistant research and preparing for the contest, has brought high profile political fig- Secretary of Defense for Reserve Af- which will test their knowledge of the ures to the town, whereby she allowed fairs provides guidance and support to Constitution and the Bill of Rights a forum for candidates to share their a network of 4,200 volunteer business, against 1,200 students from across the civic, and community leaders. beliefs as well as bringing the spotlight country. They have earned the trip by to the ever growing town of Hudson. I ESGR educates employers on their showing they were the best of the best rights and obligations under the law applaud her commitment and con- in a statewide contest in February. gratulate her on being named this and recognize employers who actively Obviously, I hope my fellow South support employee participation in the year’s Citizen of the Year. It is truly Carolinians win it all, but whatever an honor to represent her in the U.S. Guard and Reserve. ESGR also edu- happens, we are all winners in this Senate.∑ cates members of the National Guard country. When young people, on their and Reserve in regards to their rights own, want to understand the funda- f and responsibilities to the value of mental principles and values of our de- THE 110TH ANNIVERSARY OF THE their employers support. Committees mocracy, they are more likely to vote. DAILY CARDINAL can be found in all 50 States, the Dis- They are more likely to participate in ∑ Mr. KOHL. Madam President, I am trict of Columbia, Puerto Rico, the political life. They are more likely to proud to rise today to honor the Daily Virgin Islands, and Guam. take serious the civic duties that this Cardinal, one of the student news- With the end of the cold war, the Re- nation needs of our citizens in the new papers at the University of Wisconsin- serve components have been called century. Madison, on this the occasion of its with increasing frequency. During the I wish the very best to the Wilson Ti- 110th anniversary. For 110 years, Car- Gulf War in 1990–1991, more than 250,000 gers: Jessica Anderson, Whitney Ben- dinal reporters, photographers, and edi- Reserve component members were jamin, Carol Chen, Cameron Coker, tors have educated and entertained called to active duty to support mili- Katherine Collar, Joshua Croteau, Mat- their peers. As one of the nation’s old- tary operations in the Persian Gulf. thew Daniels, Leon Dock, Cara est student-run papers, it is truly a Since the start of Operation Noble Dowling, Christine Gonzales, Latrese treasure of the State and its univer- Eagle and Enduring Freedom, more McElveen, Matthew Meggs, Philip Mil- sity. than 80,000 National Guard and Reserve ler, Virginia Munson, Ashley Neel, Since the newspaper’s establishment troops have been activated and are Dacey Riley, Elinor Rooks, Gregory in 1892 by a University of Wisconsin- playing a critical role. Schuetz, Priscilla Suggs, and Jingtian Madison student, thousands of young Thousands of employers, local and Yu.∑ journalists have covered some of the most important issues and events fac- State government officials, Active and f Reserve component leaders, and mili- ing the university, the community, and tary members from across the Nation TRIBUTE TO RHONA the country. Cardinal contributors and around the world request ESGR’s CHARBONNEAU have simultaneously developed strong employer support expertise on a daily ∑ Mr. SMITH of New Hampshire. journalistic skills and informed their basis. When Guardsmen and Reservists Madam President, I rise today to pay community by covering such impor- return home following mobilization, tribute to Rhona Charbonneau, of Hud- tant events as the United States’ dec- ESGR committee members are there to son, NH. Charbonneau has been named laration of war in 1941 to the assassina- provide information and support serv- the Greater Hudson Chamber of Com- tion of Dr. Martin Luther King Jr., and ices to those in need. merce Citizen of the Year for her out- most recently, the events and after- The U.S. Congress passed the Uni- standing devotion and positive influ- math of September 11. Furthermore, the staffs of the Cardinal have served formed Services Employment and Re- ence to the community. their journalistic role as public watch- employment Rights Act, USERRA, of I commend her active role in both dog throughout its history, and have 1994, and updated it in 1996. This law the local and State governments. By undoubtably made their university, completely revised the Veterans Reem- serving as Town Selectman, and as Se- ployment Rights Act of 1940. USERRA community, and State better for it. lectmen’s Representative to the plan- As an alumni of the University of articulates the rights and responsibil- ning Board, Charbonneau has been able ities of Guard and Reserve members Wisconsin, it is my great honor to con- to serve her community in many ca- gratulate the Daily Cardinal for 110 with regard to job protection and ex- pacities. Aside from these positions, years of dedicated and quality student plains employer rights under Federal she currently serves as a member of journalism, and I wish them all the law. ESGR helps employers and Re- the Board for the Salvation Army as best as they extend this tradition.∑ servists understand this law and helps well as the Advisory Board to the Com- them informally resolve any employ- munity Council. Even more eager to f ment conflicts that may arise. serve the community of Hudson, she CONGRATULATIONS TO THE Again, I want to congratulate ESGR also works as a representative on the FRANKLIN ELECTRIC PLANT and its 54 ESGR committees on their 30 State level, serving on the BOARD years of service and commend this net- Hillsborough County Board of Commis- ∑ Mr. BUNNING. Madam President, work of over 4,200 volunteer patriots sioners and the New Hampshire Fi- today I rise to congratulate the Frank- for their time and talent. They are nance Authority. lin Electric Plant Board for winning serving their country and maintaining Aside from serving in advisory capac- the Public Power Association’s 2001 the much needed support of our em- ities for numerous organizations and Electric Utility Safety Award for safe ployers and communities for the Guard boards, Charbonneau has worked hard operating practices. The Franklin and Reserve. Through the efforts of to improve the Lion’s Hall. Under her Plant Board earned this top honor in agencies like ESGR, we can call on our request, the Department of Corrections the category for utilities with 25,000 Reserve forces to answer the Nation’s sent a community service group to worker-hours of annual worker expo- call without the fear of job loss. paint and do repairs, leaving the Lion’s sure. Thank you Madam President, and Hall with a fresh face. Because of her The Franklin Plant was one of more thank you ESGR.∑ creative thinking, other departments than 200 utilities to enter the contest,

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2409 which has been held annually for the In addition to a career of honorable EULOGY FOR LORAL JOHNSON last 42 years. The various entrants service, Robert Tunstall has built a ∑ Mr. NELSON of Nebraska. Madam were placed into separate categories fine family as well. He is married to President, while I was home in Ne- based on their size and were judged ac- Rae Ann; they have a son, Brett, a braska, a great Nebraska citizen passed cording to their 2001 incident rate. This daughter, Brooke, and a grandson, away. Loral Johnson was a newspaper Matthew Martinez. I am proud to rate is based on the number of worker- publisher in southwestern Nebraska honor this fellow Oregonian today and related reportable injuries or illnesses and a pillar of his community. I hope that Oregon and the nation ben- and the number of worker-hours during He began working in the newspaper efit from many more years of his public 2001, as defined by the Occupational business at age 9 as a ‘‘printer’s devil.’’ service.∑ Safety and Health Administration. He started at the Imperial Republican I ask that my fellow colleagues join f newspaper as a linotype operator fol- me in recognizing the Franklin Elec- TRIBUTE TO DR. JOAN R. LIETZEL lowing graduation from high school in tric Plant Board for its ongoing and ∑ Mr. SMITH of New Hampshire. 1952. He purchased the paper with his unwavering commitment to safety and wife, Elna, in 1968. the community. Not only is the Frank- Madam President, I rise today to pay tribute to Dr. Joan R. Lietzel, Presi- Loral Johnson was well respected and lin Plant focused on serving the elec- known by his colleagues as an innova- tric needs of its 4,680 customers, but it dent of the University of New Hamp- shire. President Lietzel has been tive newspaperman. Johnson’s editorial has proven its dedication to providing pages were often positive and progres- a safe atmosphere where employees can named this year’s recipient of The Charles Holmes Pettee Medal for out- sive, calling on community members to work without fear of serious injury or move forward and always striving to illness.∑ standing accomplishment and distin- guished service to the State of New make Imperial a better place for cur- f Hampshire. rent and future generations. He was in- TRIBUTE TO ROBERT L. The Pettee Medal was established in ducted into the Nebraska Journalism TUNSTALL 1940 by the University of New Hamp- Hall of Fame and was named a master- ∑ Mr. WYDEN. Madam President, Mr. shire Alumni Association and the Uni- editor publisher, the highest award of Robert L. Tunstall of Oregon has spent versity Board of Trustees, in memory the Nebraska Press Association. John- a lifetime in service to his fellow of the late Dean Pettee. This medal is son’s Imperial Republican was also Americans—as a member of the U.S. awarded annually to a resident or among the first weekly papers to print Marine Corps, as a U.S. postal worker, former resident of the State of New on an offset press and to use com- and as a dedicated representative of his Hampshire in recognition of out- puters. standing accomplishment or distin- many colleagues in the Postal Service. However, Loral Johnson will be re- In November 1998, Mr. Tunstall was guished service of any form to the membered as far more than just a elected to the third-highest office of State, Nation, or world. The Pettee newspaper publisher. He was also a key the American Postal Workers Union Medal represents a rare devotion of leader in his community and his AFL–CIO, becoming the organization’s service as was expressed by the life church. He was a member of the school commitment and service of Dean secretary-treasurer. Prior to that elec- board for 28 years, a co-founder and Pettee. tion, Mr. Tunstall was twice chosen as board member of the local nursing I applaud the contributions that Dr. director of the union’s clerk division, home for 33 years, and secretary for the Lietzel has made to the University of Imperial Planning Commission for 21 serving from 1992 to 1998. New Hampshire since her appointment Mr. Tunstall’s illustrious service years. His important contributions to in 1996 as the President of the univer- record with the APWU spans more than education and health care will be re- sity. Since her arrival, Lietzel has three decades. He became president of membered for many years to come. worked tirelessly to raise the level of the Portland, OR local in 1974 and While we will miss Loral Johnson excellence in academic programs as greatly, it is comforting to know that served until 1976. He followed that serv- well as the day to day operation of the ice as a national representative from his two daughters and a son-in-law are university. During her tenure, Lietzel continuing the tradition of excellent 1976–1978, national vice-president for has successfully run the most aggres- the Seattle region from 1978–1985, and journalism in Imperial. His family and sive capital campaign in the history of the devotion to community that he has as assistant clerk division director the university, as well as implementing from 1985 until 1992. Mr. Tunstall also passed on to them and so many others new financial and fiscal management are his greatest legacy.∑ represented APWU members as a mem- policies. Her vision and commitment ber of the rank and file bargaining ad- have taken the university’s academic f visory committee in 1975 and as chair- standard to a higher level, as well as man of the appeals committee in 1982. TRIBUTE TO RAY BURKE successfully increasing the amount of ∑ Mr. Tunstall’s employment with the research funding the university re- Mr. JEFFORDS. Madam President, I U.S. Postal Service began nearly 40 ceives. rise today to congratulate and thank years ago. In 1963, after completing Previous to her stay at UNH, Dr. Ray Burke of Berlin, Vermont, for over four years in the U.S. Marine Corps. Lietzel served as the Senior Vice-Chan- 30 years of service as Vermont’s high- Mr. Tunstall was hired as a distribu- cellor for Academic Affairs at the Uni- way dispatcher. Ray retires at the end tion clerk. He went on to hold numer- versity of Nebraska-Lincoln, where she of this month from the Vermont Agen- ous positions, including stamp supply was an accomplished educator and cy of Transportation and he will be clerk, bulk mail clerk, postage due worked to improve the program and missed heartily. clerk, box section clerk and pouch rack budget planning. Dr. Lietzel also Humorist Kin Hubbard once said, clerk. served as a professor at Ohio State Uni- ‘‘Don’t knock the weather; nine-tenths Mr. Tunstall was born in Sioux Falls, versity, in the Department of Mathe- of the people couldn’t start a conversa- SD, but raised and educated in Port- matics. tion if it didn’t change once in a land, OR. After graduating from Port- On behalf of the citizens of New while.’’ I suppose then that the art of land’s Jefferson High School, he at- Hampshire, I would like to thank Dr. conversation is easiest for Vermonters, tended Multnomah Junior College, Joan Lietzel for her endless dedication especially during the winter months. where he made the dean’s list in 1967; to academic excellence. She has set a For most of us, that conversation often he earned a Bachelor of Arts degree at positive example for educators across turns into complaining futilely about Portland State University in 1969. the Granite State, as well as the Na- the weather, except, of course, when Later, in 1977, Mr. Tunstall earned a tion. My congratulations to Dr. Lietzel Ray was talking. And Ray, as dis- law degree at Northwestern School of as she accepts this year’s Pettee Medal patcher, is known for his talking. Law at Lewis and Clark College. Mr. for her distinguished service in the For 32 years, Vermonters have relied Tunstall has taught at the Labor Edu- State of New Hampshire. It is truly an on Ray’s constant updates and infor- cation Research Center of the Univer- honor to represent her in the U.S. Sen- mation on which roads were being sity of Oregon. ate.∑ treated with salt and sand, which

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2410 CONGRESSIONAL RECORD — SENATE April 9, 2002 routes we should avoid altogether, and quarters of Fiscal Year 2001 in support EC–6375. A communication from the Regu- how serious driving conditions were or of Plan Colombia. lations Coordinator, Health Resources and were likely to become. And, of course, GEORGE BUSH. Services Administration, Department of most importantly, Ray always re- THE WHITE HOUSE, April 9, 2002. Health and Human Services, transmitting, pursuant to law, the report of a rule entitled minded us to drive safely. Snow and ice f ‘‘Compliance Alternatives for Provision of can be unpredictable and dangerous at REPORT PREPARED BY THE NA- Uncompensated Services’’ (RIN0906–AA52) re- their worst; Ray, at his best and al- TIONAL SCIENCE BOARD ENTI- ceived on April 1, 2002; to the Committee on ways on the job, kept Vermonters’ Health, Education, Labor, and Pensions. TLED ‘‘SCIENCE AND ENGINEER- EC–6376. A communication from the Assist- safety as his top priority. ING INDICATORS—2002’’—PM 80 Heavy snowfalls, black ice, sleet, and ant Secretary, Occupational Safety and freezing rain made Ray’s work impor- The PRESIDING OFFICER laid be- Health Administration, Department of fore the Senate the following message Labor, transmitting, pursuant to law, the re- tant and difficult. More challenging port of a rule entitled ‘‘29 CFR 1979, Proce- than Vermont’s natural arsenal of in- from the President of the United States, together with an accompanying dures for the Handling of Discrimination clement weather, however, was Ray’s Complaints under Section 519 of the Wendell ability to always be there when we report; which was referred to the Com- H. Ford Aviation Investment and Reform needed him. This is extraordinary be- mittee on Commerce, Science, and Act for the 21st Century’’ (RIN1218–AB99) re- cause Ray has a disease that has slowly Transportation: ceived on April 4, 2002; to the Committee on taken away his sight, although it has Health, Education, Labor, and Pensions. To the Congress of the United States: EC–6377. A communication from the Prin- never disrupted his sense of service to As required by 42 U.S.C. 1863(j)(1), I cipal Deputy Associate Administrator of the Vermonters or his spirit. am pleased to submit to the Congress a Environmental Protection Agency, transmit- Ray has never stopped. His disability report prepared by the National ting, pursuant to law, the report of a rule en- has never beaten him; his disability Science Board entitled, ‘‘Science and titled ‘‘Revocation of Certain Obsolete Tol- has never even slowed him. Aside from engineering Indicators—2002.’’ This re- erance Exemptions’’ (FRL6833–3) received on dispatching trucks and plows to deal port represents the fifteenth in the se- April 3, 2002; to the Committee on Agri- with winter weather, Ray plays the ries examining key aspects of the sta- culture, Nutrition, and Forestry. EC–6378. A communication from the Prin- saxophone in his band, Stretch and the tus of science and engineering in the cipal Deputy Associate Administrator of the Limits, along with drummer Conrad United States. Environmental Protection Agency, transmit- ‘‘Stretch’’ Normandeau and GEORGE BUSH. ting, pursuant to law, the report of a rule en- keyboardist Jim Thompson. THE WHITE HOUSE, April 9, 2002. titled ‘‘Furilazole; Pesticide Tolerance’’ I would like to close with a personal f (FRL6828–4) received on April 3, 2002; to the message to Ray. You will be missed Committee on Agriculture, Nutrition, and EXECUTIVE AND OTHER dearly by every Vermonter who lis- Forestry. COMMUNICATIONS tened to you update conditions on the EC–6379. A communication from the Ad- ministrator, Agricultural Marketing Serv- news, by the plow drivers who relied on The following communications were laid before the Senate, together with ice, Fruit and Vegetable Programs, Depart- your information, and by everyone who ment of Agriculture, transmitting, pursuant has learned to live with Vermont’s accompanying papers, reports, and doc- to law, the report of a rule entitled ‘‘Raisins weather with the help of your advice uments, which were referred as indi- Produced from Grapes Grown in California; and forecasts.∑ cated: Extension of Redemption Date for Unsold EC–6369. A communication from the Dep- 2001 Diversion Certificates’’ (Doc. No. FV02– f uty Secretary of Defense, transmitting, pur- 989–3 FIR) received on April 3, 2002; to the MESSAGES FROM THE PRESIDENT suant to law, a report on the allocation of Committee on Agriculture, Nutrition, and Department of Defense resources to mission Forestry. Messages from the President of the and support activities, as required by Sec- EC–6380. A communication from the Ad- United States were communicated to tion 915 of the National Defense Authoriza- ministrator, Agricultural Marketing Serv- the Senate by Ms. Evans, one of his tion Act for Fiscal Year 1999; to the Com- ice, Fruit and Vegetable Programs, Depart- secretaries. mittee on Armed Services. ment of Agriculture, transmitting, pursuant EC–6370. A communication from the Under to law, the report of a rule entitled ‘‘Sweet f Secretary of Defense, Comptroller, transmit- Cherries Grown in Designated Counties in EXECUTIVE MESSAGES REFERRED ting, pursuant to law, a report specifying the Washington; Order Amending Marketing projects and accounts to which funds pro- Agreement and Order No. 923’’ (Doc. No. As in executive session the Presiding vided in Chapter 3 (in the Defense Emer- 99AMS–FV–923–A1; FV00–923–1) received on Officer laid before the Senate messages gency Response Fund) are to be transferred; April 3, 2002; to the Committee on Agri- from the President of the United to the Committee on Armed Services. culture, Nutrition, and Forestry. States submitting sundry nominations EC–6371. A communication from the Under EC–6381. A communication from the Ad- which were referred to the appropriate Secretary of Defense, Acquisition, Tech- ministrator, Agricultural Marketing Serv- committees. nology and Logistics, transmitting, the an- ice, Fruit and Vegetable Programs, Depart- (The nominations received today are nual Selected Acquisition Reports (SARs) for ment of Agriculture, transmitting, pursuant the quarter ending December 31, 2001; to the to law, the report of a rule entitled ‘‘Tart printed at the end of the Senate pro- Committee on Armed Services. Cherries Grown in the State of Michigan, et ceedings.) EC–6372. A communication from the Assist- al.; Suspension of Provisions Under the Fed- f ant to the Federal Reserve Board, transmit- eral Marketing Order for Tart Cherries’’ ting, pursuant to law, the report of a rule en- (Doc. No. FV01–930–5 FIR) received on April REPORT DETAILING THE titled ‘‘Amendments to Official Staff Com- 3, 2002; to the Committee on Agriculture, Nu- PROGRESS OF SPENDING BY THE mentary for Truth in Lending (Regulations trition, and Forestry. EXECUTIVE BRANCH DURING Z) and Technical Amendments to Regulation EC–6382. A communication from the Ad- THE LAST TWO QUARTERS OF Z’’ received on April 4, 2002; to the Com- ministrator, Agricultural Marketing Serv- FISCAL YEAR 2001 IN SUPPORT mittee on Banking, Housing, and Urban Af- ice, Fruit and Vegetable Programs, Depart- OF PLAN COLOMBIA—PM 79 fairs. ment of Agriculture, transmitting, pursuant EC–6373. A communication from the Direc- to law, the report of a rule entitled ‘‘Tart The PRESIDING OFFICER laid be- tor of the Policy Directives and Instructions Cherries Grown in States of Michigan, et al.; fore the Senate the following message Branch, Immigration and Naturalization Temporary Suspension of a Provision Re- from the President of the United Service, Department of Justice, transmit- garding a Continuance Referendum Under States, together with an accompanying ting, pursuant to law, the report of a rule en- the Tart Cherry Marketing Order’’ (Doc. No. titled ‘‘Increase of the Immigration User Fee report; which was referred to the Com- FV01–930–4 FR) received on April 3, 2002; to From $6 to $7’’ ((RIN115–AG 46) (INS No. 2179– the Committee on Agriculture, Nutrition, mittee on Foreign Relations: 01)) received on April 3, 2002; to the Com- and Forestry. To the Congress of the United States: mittee on the Judiciary. EC–6383. A communication from the Ad- Pursuant to section 3204(e), of Public EC–6374. A communication from the Chair- ministrator, Agricultural Marketing Serv- man of the Federal Energy Regulatory Com- ice, Fruit and Vegetable Programs, Depart- Law 106–246, I am providing a report mission, transmitting, pursuant to law, the ment of Agriculture, transmitting, pursuant prepared by my Administration detail- Commission’s Annual Report for Fiscal Year to law, the report of a rule entitled ‘‘Walnuts ing the progress of spending by the ex- 2001; to the Committee on Energy and Nat- Grown in California; Decreased Assessment ecutive branch during the last two ural Resources. Rate’’ (Doc . No. FV01–984–1 IFR) received on

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2411 April 3, 2002; to the Committee on Agri- for Air Quality Planning Purposes; Nevada’’ Environmental Protection Agency, transmit- culture, Nutrition, and Forestry. (FRL7167–3) received on April 3, 2002; to the ting, pursuant to law, the report of a rule en- EC–6384. A communication from the Ad- Committee on Environment and Public titled ‘‘Approval and Promulgation of Imple- ministrator, Agricultural Marketing Serv- Works. mentation Plans: Kentucky: Nitrogen Oxides ice, Fruit and Vegetable Programs, Depart- EC–6395. A communication from the Prin- Budget and Allowance Trading Program’’ ment of Agriculture, transmitting, pursuant cipal Deputy Associate Administrator of the (FRL7169–7) received on April 5, 2002; to the to law, the report of a rule entitled ‘‘Raisins Environmental Protection Agency, transmit- Committee on Environment and Public Produced from Grapes Grown in California; ting, pursuant to law, the report of a rule en- Works. Final Free and Reserve Percentages for 2001– titled ‘‘Approval and Promulgation of Imple- EC–6404. A communication from the Prin- 02 Crop Natural (sun-dried) Seedless and mentation Plans Commonwealth of Ken- cipal Deputy Associate Administrator of the Other Seedless Raisins’’ (Doc. No. FV02–989– tucky: Approval or Revision to the 1-Hour Environmental Protection Agency, transmit- 4 IFR) received on April 3, 2002; to the Com- Ozone Maintenance State Implementation ting, pursuant to law, the report of a rule en- mittee on Agriculture, Nutrition, and For- Plans for the Edmonson County and the titled ‘‘Approval and Promulgation of Imple- estry. Owensboro-Daviess County Area; Correc- mentation Plans: Revision to the Alabama EC–6385. A communication from the Ad- tion’’ (FRL7168–6) received on April 3, 2002; to Department of Environmental Management ministrator, Rural Housing Service, Depart- the Committee on Environment and Public (ADEM) Administrative Code for the Air Pol- ment of Agriculture, transmitting, pursuant Works. lution Control Program’’ (FRL7169–1) re- to law, the report of a rule entitled ‘‘Guaran- EC–6396. A communication from the Prin- ceived on April 5, 2002; to the Committee on teed Rural Rental Housing (7 CFR 3565)’’ cipal Deputy Associate Administrator of the Environment and Public Works. (RIN0575–AC26) received on April 4, 2002; to Environmental Protection Agency, transmit- EC–6405. A communication from the Prin- the Committee on Agriculture, Nutrition, ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the and Forestry. titled ‘‘Hazardous Waste Management Sys- Environmental Protection Agency, transmit- EC–6386. A communication from the Regu- tem; Identification and Listing of Hazardous ting, pursuant to law, the report of a rule en- lations Coordinator, Center for Medicare and Waste; Paint Production Wastes; Land Dis- titled ‘‘Washington: Final Authorization of Medicaid Services, Department of Health posal Restrictions for Newly Identified State Hazardous Waste Management Pro- and Human Services, transmitting, pursuant Wastes; and CERCLA Hazardous Substances gram Revision’’ (FRL7168–8) received on to law, the report of a rule entitled ‘‘Medi- Designation and Reportable Quantities; April 5, 2002; to the Committee on Environ- care Program; Negotiated Rulemaking: Cov- Final Determination’’ (FRL7167–8) received ment and Public Works. erage and Administrative Policies for Clin- on April 3, 2002; to the Committee on Envi- EC–6406. A communication from the Prin- ical Diagnostic Laboratory Services’’ ronment and Public Works. cipal Deputy Associate Administrator of the (RIN0938–AL03) received on April 1, 2002; to EC–6397. A communication from the Prin- Environmental Protection Agency, transmit- the Committee on Finance. cipal Deputy Associate Administrator of the ting, a report entitled ‘‘EPA Policy Towards EC–6387. A communication from the Chief Environmental Protection Agency, transmit- Privately-Owned Formerly Used Defense of the Regulations Unit, Internal Revenue ting, pursuant to law, the report of a rule en- Sites’’; to the Committee on Environment Service, Department of the Treasury, trans- titled ‘‘Interim Final Determination that and Public Works. EC–6407. A communication from the Prin- mitting, pursuant to law, the report of a rule the State of California Has Corrected Defi- cipal Deputy Associate Administrator of the entitled ‘‘Time for Eligible Air Carriers to ciencies and Stay of Sanctions, South Coast Environmental Protection Agency, transmit- File the Third Calendar Quarter 2001 Form Air Quality Management District’’ ting, a report entitled ‘‘Guidance Document 720’’ ((RIN1545–BA42)(TD 8983)) received on (FRL7158–9) received on April 3, 2002; to the Committee on Environment and Public on Determination of the Appropriate Fqpa April 3, 2002; to the Committee on Finance. Safety Factor(s) in Tolerance Assessment’’; EC–6388. A communication from the Chief Works. EC–6398. A communication from the Prin- to the Committee on Environment and Pub- of the Regulations Unit, Internal Revenue cipal Deputy Associate Administrator of the lic Works. Service, Department of the Treasury, trans- Environmental Protection Agency, transmit- EC–6408. A communication from the Direc- mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- tor of the Fish and Wildlife Service, Depart- entitled ‘‘Appeals Settlement Guidelines: titled ‘‘National Emission Standards for Haz- ment of the Interior, transmitting, pursuant Dollar-Value LIFO Earliest Acquisition ardous Air Pollutants From the Portland Ce- to law, the report of a rule entitled ‘‘Endan- Value’’ (UIL 472 .08–10) received on April 3, ment Manufacturing Industry’’ (FRL7168–1) gered and Threatened Wildlife and Plants; 2002; to the Committee on Finance. received on April 3, 2002; to the Committee Designation of Critical Habitat for the Quino EC–6389. A communication from the Chief on Environment and Public Works. Checkerspot Butterfly (Euphydryas editha of the Regulations Unit, Internal Revenue EC–6399. A communication from the Prin- quino)’’ (RIN 1018–AH03) received on April 8, Service, Department of the Treasury, trans- cipal Deputy Associate Administrator of the 2002; to the Committee on Environment and mitting, pursuant to law, the report of a rule Environmental Protection Agency, transmit- Public Works. entitled ‘‘IRS Announces New Position With ting, pursuant to law, the report of a rule en- EC–6409. A communication from the Pro- Regard to Consolidated Return Loss Dis- titled ‘‘Revisions to the California State Im- gram Analyst of the Federal Aviation Ad- allowance Rule’’ (Notice 2002–11, 2002–7 IRB) plementation Plan, San Joaquin Valley Uni- ministration, Department of Transportation, received on April 3, 2002; to the Committee fied Air Pollution Control District’’ transmitting, pursuant to law, the report of on Finance. (FRL7164–6) received on April 3, 2002; to the a rule entitled ‘‘Airspace Actions Modifica- EC–6390. A communication from the Prin- Committee on Environment and Public tion of Class E Airspace; Ashland, OH’’ cipal Deputy Associate Administrator of the Works. ((RIN2120–AA66) (2002–0051)) received on April Environmental Protection Agency, transmit- EC–6400. A communication from the Prin- 5, 2002; to the Committee on Commerce, ting, a report entitled ‘‘Definition of Soil cipal Deputy Associate Administrator of the Science, and Transportation. Sample’’; to the Committee on Environment Environmental Protection Agency, transmit- EC–6410. A communication from the Pro- and Public Works. ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- EC–6391. A communication from the Prin- titled ‘‘Revisions to the California State Im- ministration, Department of Transportation, cipal Deputy Associate Administrator of the plementation Plan, South Coast Air Quality transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- Management District’’ (FRL7158–7) received a rule entitled ‘‘Modification of Class E Air- ting, a report entitled ‘‘Use of ASTM Stand- on April 3, 2002; to the Committee on Envi- space; Portsmouth, OH’’ ((RIN2120–AA66) ards’’; to the Committee on Environment ronment and Public Works. (2002–0050)) received on April 5, 2002; to the and Public Works. EC–6401. A communication from the Prin- Committee on Commerce, Science, and EC–6392. A communication from the Prin- cipal Deputy Associate Administrator of the Transportation. cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- EC–6411. A communication from the Pro- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- ting, a report entitled ‘‘Definition of Wipe titled ‘‘Revisions to the California State Im- ministration, Department of Transportation, Sample’’; to the Committee on Environment plementation Plan, South Coast Air Quality transmitting, pursuant to law, the report of and Public Works. Management District’’ (FRL7165–2) received a rule entitled ‘‘Modification of Class E Air- EC–6393. A communication from the Prin- on April 3, 2002; to the Committee on Envi- space; Washington Court House, OH’’ cipal Deputy Associate Administrator of the ronment and Public Works. ((RIN2120–AA66) (2002–0049)) received on April Environmental Protection Agency, transmit- EC–6402. A communication from the Prin- 5, 2002; to the Committee on Commerce, ting, a report entitled ‘‘Lead and Copper cipal Deputy Associate Administrator of the Science, and Transportation. Monitoring and Reporting Guidance for Pub- Environmental Protection Agency, transmit- EC–6412. A communication from the Pro- lic Water Systems’’; to the Committee on ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- Environment and Public Works. titled ‘‘Revisions to the California State Im- ministration, Department of Transportation, EC–6394. A communication from the Prin- plementation Plan, Monterey Bay Unified transmitting, pursuant to law, the report of cipal Deputy Associate Administrator of the Air Pollution Control District’’ (FRL7160–8) a rule entitled ‘‘Modification of Class East Environmental Protection Agency, transmit- received on April 3, 2002; to the Committee Airspace; Twentynine Palms, CA’’ ((RIN2120– ting, pursuant to law, the report of a rule en- on Environment and Public Works. AA66) (2002–0048)) received on April 5, 2002; to titled ‘‘Approval and Promulgation of Imple- EC–6403. A communication from the Prin- the Committee on Commerce, Science, and mentation Plans and Designation of Areas cipal Deputy Associate Administrator of the Transportation.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2412 CONGRESSIONAL RECORD — SENATE April 9, 2002 EC–6413. A communication from the Pro- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘IFR Altitudes; Miscella- Transportation. ministration, Department of Transportation, neous Amendments (24); Amdt. No. 434’’ EC–6432. A communication from the Dep- transmitting, pursuant to law, the report of ((RIN2120–AA63)(2002–0002)) received on April uty Assistant Chief Counsel for Safety, Fed- a rule entitled ‘‘Establishment of Class E 5, 2002; to the Committee on Commerce, eral Railroad Administration, Department of Airspace; Flint, MI’’ ((RIN2120–AA66) (2002– Science, and Transportation. Transportation, transmitting, pursuant to 0047)) received on April 5, 2002; to the Com- EC–6423. A communication from the Pro- law, the report of a rule entitled ‘‘Loco- mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- motive Cab Working Conditions’’ (RIN2130– tation. ministration, Department of Transportation, AA89) received on April 5, 2002; to the Com- EC–6414. A communication from the Pro- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Standard Instrument Ap- tation. ministration, Department of Transportation, proach Procedures; Miscellaneous Amend- EC–6433. A communication from the Trial transmitting, pursuant to law, the report of ments (65); Amdt. No. 2093’’ ((RIN2120– Attorney, Federal Railroad Administration, a rule entitled ‘‘Revision of Class E Airspace; AA65)(2002–0019)) received on April 5, 2002; to Department of Transportation, transmitting, Cedar City, UT’’ ((RIN2120–AA66) (2002–0046)) the Committee on Commerce, Science, and pursuant to law, the report of a rule entitled received on April 5, 2002; to the Committee Transportation. ‘‘Brake System Safety Standards for Freight on Commerce, Science, and Transportation. EC–6424. A communication from the Pro- and Other Non-Passenger Trains and Equip- EC–6415. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ment; End-of-Train Devices’’ (RIN2130–AB52) gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, received on April 5, 2002; to the Committee ministration, Department of Transportation, transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- EC–6434. A communication from the Sec- a rule entitled ‘‘Airworthiness Directives: proach Procedures; Miscellaneous Amend- retary of Health and Human Services, trans- Boeing Model 737–600, –700, –700C, and –800 Se- ments (9); Amdt. No. 2095’’ ((RIN2120– mitting, pursuant to law, the Service’s An- ries Airplanes’’ ((RIN2120–AA64)(2002–0178)) AA65)(2002–0020)) received on April 5, 2002; to nual Surplus Property Report for Fiscal received on April 5, 2002; to the Committee the Committee on Commerce, Science, and Year 2001; to the Committee on Govern- on Commerce, Science, and Transportation. Transportation. mental Affairs. EC–6416. A communication from the Pro- EC–6425. A communication from the Pro- EC–6435. A communication from the Chair- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- man of UNICOR, Federal Prison Industries, ministration, Department of Transportation, ministration, Department of Transportation, Inc. Department of Justice, transmitting, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of pursuant to law, the Annual Report entitled a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Modification of Class E Air- ‘‘Securing the Future’’ for Fiscal Year 2001; Airbus Model A319 Series Airplanes and space; Zanesville, OH’’ ((RIN2120–AA66)(2002– to the Committee on Governmental Affairs. A320–200 Series Airplanes’’ ((RIN2120– 0053)) received on April 5, 2002; to the Com- EC–6436. A communication from the Sec- AA64)(2002–0179)) received on April 5, 2002; to mittee on Commerce, Science, and Transpor- retary of the Department of Housing and the Committee on Commerce, Science, and tation. Urban Development, transmitting, pursuant Transportation. EC–6426. A communication from the Pro- to law, the Department’s Performance and EC–6417. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Accountability Report for Fiscal Year 2001; gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, to the Committee on Governmental Affairs. ministration, Department of Transportation, transmitting, pursuant to law, the report of EC–6437. A communication from the Chief transmitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Air- Judge, Superior Court of the District of Co- a rule entitled ‘‘Standard Instrument Ap- space; Youngstown-Warren Regional Airport, lumbia, transmitting, pursuant to law, the proach Procedures; Miscellaneous Amend- OH; CORRECTION’’ ((RIN2120–AA66)(2002– report of the Family Court Transition Plan ments (40); Amdt. No. 2097’’ ((RIN2120– 0054)) received on April 5, 2002; to the Com- dated April 5, 2002; to the Committee on Gov- AA65)(2002–0021)) received on April 5, 2002; to mittee on Commerce, Science, and Transpor- ernmental Affairs. the Committee on Commerce, Science, and tation. EC–6438. A communication from the Chair- Transportation. EC–6427. A communication from the Pro- man of the Federal Regulatory Commission, EC–6418. A communication from the Pro- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the Commis- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, sion’s Annual Performance Report for Fiscal ministration, Department of Transportation, transmitting, pursuant to law, the report of Year 2001; to the Committee on Govern- transmitting, pursuant to law, the report of a rule entitled ‘‘Revocation of Class E Air- mental Affairs. a rule entitled ‘‘Standard Instrument Ap- space; Umiat, AK’’ ((RIN2120–AA66)(2002– EC–6439. A communication from the Presi- proach Procedures; Miscellaneous Amend- 0055)) received on April 5, 2002; to the Com- dent and Chief Executive Officer, Overseas ments (52); Amdt. No. 2098’’ ((RIN2120– mittee on Commerce, Science, and Transpor- Private Investment Corporation (OPIC), AA65)(2002–0022)) received on April 5, 2002; to tation. transmitting, pursuant to law, OPIC’s Man- the Committee on Commerce, Science, and EC–6428. A communication from the Pro- agement Report, the Annual Performance Transportation. gram Analyst of the Federal Aviation Ad- Plan, and the Annual Program Performance EC–6419. A communication from the Pro- ministration, Department of Transportation, Report for Fiscal Year 2001; OPIC’s Report on gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Development and U.S. Effects of Fiscal Year ministration, Department of Transportation, a rule entitled ‘‘Establishment of Class E 2002 Projects, and a Report on Cooperation transmitting, pursuant to law, the report of Airspace; Stanley, ND; CORRECTION’’ with Private Insurers; OPIC’s Annual Report a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA66)(2002–0056)) received on April on the Environment, a Review of the Envi- Bell Helicopter Textron Inc, Manufactured 5, 2002; to the Committee on Commerce, ronmental Impact of OPIC’s Fiscal Year 2001 Model OH–13E, OH–13H, and OH–13S Heli- Science, and Transportation. Projects; to the Committee on Governmental copters’’ ((RIN2120–AA64)(2002–0176)) received EC–6429. A communication from the Pro- Affairs. on April 5, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- f merce, Science, and Transportation. ministration, Department of Transportation, EC–6420. A communication from the Pro- transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Modification of Class E Air- JOINT RESOLUTIONS ministration, Department of Transportation, space; Mount Vernon, OH’’ ((RIN2120– The following bills and joint resolu- transmitting, pursuant to law, the report of AA66)(2002–0052)) received on April 5, 2002; to tions were introduced, read the first a rule entitled ‘‘Airworthiness Directives: the Committee on Commerce, Science, and Airbus Model A300, A300 B4–600, B4–600R, and Transportation. and second times by unanimous con- F4–600R; and A310 Series Airplanes’’ EC–6430. A communication from the Pro- sent, and referred as indicated: ((RIN2120–AA64)(2002–0177)) received on April gram Analyst of the Federal Aviation Ad- By Mr. BAUCUS: 5, 2002; to the Committee on Commerce, ministration, Department of Transportation, S. 2075. A bill to facilitate the availability Science, and Transportation. transmitting, pursuant to law, the report of of electromagnetic spectrum for the deploy- EC–6421. A communication from the Pro- a rule entitled ‘‘Establishment of Class E ment of wireless based services in rural gram Analyst of the Federal Aviation Ad- Airspace; Kanab, UT’’ ((RIN2120–AA66)(2002– areas, and for other purposes; to the Com- ministration, Department of Transportation, 0045)) received on April 5 , 2002; to the Com- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- tation. a rule entitled ‘‘Modification of Class E Air- tation. By Mr. DORGAN: space; Hillsboro, ND; CORRECTION’’ EC–6431. A communication from the Attor- S. 2076. A bill to prohibit the cloning of hu- ((RIN2120–AA66)(2002–0057)) received on April ney-Advisor, National Highway Traffic Safe- mans; to the Committee on the Judiciary. 5, 2002; to the Committee on Commerce, ty Administration, Department of Transpor- By Ms. COLLINS: Science, and Transportation. tation, transmitting, pursuant to law, the re- S. 2077. A bill to make grants to improve EC–6422. A communication from the Pro- port of a rule entitled ‘‘Light Truck Average public safety in order to prepare for and re- gram Analyst of the Federal Aviation Ad- Fuel Economy Standard; Final Rule’’ spond to terrorist threats; to the Committee ministration, Department of Transportation, (RIN2127–AI68) received on April 5, 2002; to on Environment and Public Works.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2413 By Mrs. HUTCHISON (for herself, Mr. S. 682, a bill to amend title II of the So- to American Persian Gulf War POW/ LIEBERMAN, Mr. MCCAIN, Mr. FEIN- cial Security Act to restore the link MIAs, and for other purposes. GOLD, and Mr. LEVIN): between the maximum amount of earn- S. 1346 S. 2078. A bill to amend section 527 of the ings by blind individuals permitted At the request of Mr. SESSIONS, the Internal Revenue Code of 1986 to eliminate notification and return requirements for without demonstrating ability to en- names of the Senator from Wyoming State and local political committees and gage in substantial gainful activity and (Mr. ENZI) and the Senator from Ne- candidate committees and avoid duplicate the exempt amount permitted in deter- vada (Mr. REID) were added as cospon- reporting by certain State and local political mining excess earnings under the earn- sors of S. 1346, a bill to amend the Fed- committees of information required to be re- ings test. eral Food, Drug, and Cosmetic Act ported and made publicly available under S. 885 with regard to new animal drugs, and State law, and for other purposes; to the for other purposes. Committee on Finance. At the request of Mr. CLELAND, the S. 1408 By Mr. ROCKEFELLER: names of the Senator from South Da- At the request of Mr. ROCKEFELLER, S. 2079. A bill to amend title 38, United kota (Mr. JOHNSON) and the Senator States Code, to facilitate and enhance judi- from North Dakota (Mr. DORGAN) were the names of the Senator from South cial review of certain matters regarding vet- added as cosponsors of S. 885, a bill to Dakota (Mr. JOHNSON) and the Senator eran’s benefits, and for other purposes; to amend title XVIII of the Social Secu- from Nevada (Mr. REID) were added as the Committee on Veterans’ Affairs. rity Act to provide for national stand- cosponsors of S. 1408, a bill to amend By Mrs. BOXER: ardized payment amounts for inpatient title 38, United States Code, to stand- S. 2080. A bill to designate a United States ardize the income threshold for copay- courthouse to be constructed in Fresno, Cali- hospital services furnished under the medicare program. ment for outpatient medications with fornia, as the ‘‘Robert E. Coyle United the income threshold for inability to At the request of Mr. HUTCHINSON, States Courthouse’’; to the Committee on defray necessary expense of care, and Environment and Public Works. the names of the Senator from Maine for other purposes. By Mr. BINGAMAN (by request): (Ms. SNOWE) and the Senator from Min- S. 1516 S.J. Res. 34. A joint resolution approving nesota (Mr. DAYTON) were added as co- the site at Yucca Mountain, Nevada, for the sponsors of S. 885, supra. At the request of Mr. SANTORUM, the development of a repository for the disposal name of the Senator from Idaho (Mr. S. 946 of high-level radioactive waste and spent nu- CRAPO) was added as a cosponsor of S. clear fuel, pursuant to the Nuclear Waste At the request of Ms. SNOWE, the 1516, a bill to remove civil liability bar- Policy Act of 1982; to the Committee on En- name of the Senator from New Jersey riers that discourage the donation of ergy and Natural Resources. (Mr. TORRICELLI) was added as a co- fire equipment to volunteer fire compa- f sponsor of S. 946, a bill to establish an nies. Office on Women’s Health within the SUBMISSION OF CONCURRENT AND S. 1707 Department of Health and Human SENATE RESOLUTIONS At the request of Mr. JEFFORDS, the Services. name of the Senator from Idaho (Mr. The following concurrent resolutions S. 999 CRAPO) was added as a cosponsor of S. and Senate resolutions were read, and At the request of Mr. BINGAMAN, the 1707, a bill to amend title XVIII of the referred (or acted upon), as indicated: names of the Senator from Alabama Social Security Act to specify the up- By Mr. DODD (for himself and Mr. LIE- (Mr. SHELBY) and the Senator from date for payments under the medicare BERMAN): South Dakota (Mr. JOHNSON) were physician fee schedule for 2002 and to S. Res. 232. A resolution congratulating the Huskies of the University of Connecticut for added as cosponsors of S. 999, a bill to direct the Medicare Payment Advisory winning the 2002 NCAA Division I Women’s amend title 10, United States Code, to Commission to conduct a study on re- Basketball Championship; considered and provide for a Korea Defense Service placing the use of the sustainable agreed to. Medal to be issued to members of the growth rate as a factor in determining By Mr. SARBANES (for himself and Armed Forces who participated in op- such update in subsequent years. Ms. MIKULSKI): erations in Korea after the end of the S. 1708 S. Res. 233. A resolution congratulating the Korean War. At the request of Mr. MCCONNELL, University of Maryland Terrapins for win- the name of the Senator from Lou- ning the 2002 NCAA National Basketball S. 1132 Championship; considered and agreed to. At the request of Mr. CRAPO, the isiana (Mr. BREAUX) was added as a co- sponsor of S. 1708, a bill to amend the f name of the Senator from North Da- kota (Mr. DORGAN) was added as a co- Robert T. Stafford Disaster Relief and ADDITIONAL COSPONSORS sponsor of S. 1132, a bill to amend the Emergency Assistance Act to ensure the continuity of medical care fol- S. 205 Federal Food, Drug, and Cosmetic Act lowing a major disaster by making pri- At the request of Mrs. HUTCHISON, the relating to the distribution chain of vate for-profit medical facilities eligi- name of the Senator from Virginia (Mr. prescription drugs. ble for Federal disaster assistance. ALLEN) was added as a cosponsor of S. S. 1208 S. 1749 205, a bill to amend the Internal Rev- At the request of Mr. GRAHAM, the At the request of Mr. KENNEDY, the enue Code of 1986 to waive the income name of the Senator from New Jersey names of the Senator from Washington inclusion on a distribution from an in- (Mr. TORRICELLI) was added as a co- (Mrs. MURRAY) and the Senator from dividual retirement account to the ex- sponsor of S. 1208, a bill to combat the Georgia (Mr. MILLER) were added as co- tent that the distribution is contrib- trafficking, distribution, and abuse of sponsors of S. 1749, a bill to enhance uted for charitable purposes. Ecstasy (and other club drugs) in the the border security of the United United States. S. 627 States, and for other purposes. S. 1258 At the request of Mr. GRASSLEY, the S. 1822 name of the Senator from Missouri At the request of Mr. DORGAN, the At the request of Mr. AKAKA, the (Mrs. CARNAHAN) was added as a co- names of the Senator from Massachu- name of the Senator from Maryland sponsor of S. 627, a bill to amend the setts (Mr. KERRY) and the Senator from (Ms. MIKULSKI) was added as a cospon- Internal Revenue Code of 1986 to allow New Jersey (Mr. TORRICELLI) were sor of S. 1822, a bill to amend title 5, individuals a deduction for qualified added as cosponsors of S. 1258, a bill to United States Code, to allow certain long-term care insurance premiums, improve academic and social outcomes catchup contributions to the Thrift use of such insurance under cafeteria for teenage youth. Savings Plan to be made by partici- plans and flexible spending arrange- S. 1339 pants age 50 or over. ments, and a credit for individuals with At the request of Mr. CAMPBELL, the S. 1828 long-term care needs. name of the Senator from New Jersey At the request of Mr. LEAHY, the S. 682 (Mr. TORRICELLI) was added as a co- name of the Senator from Louisiana At the request of Mr. MCCAIN, the sponsor of S. 1339, a bill to amend the (Ms. LANDRIEU) was added as a cospon- name of the Senator from Utah (Mr. Bring Them Home Alive Act of 2000 to sor of S. 1828, a bill to amend sub- BENNETT) was added as a cosponsor of provide an asylum program with regard chapter III of chapter 83 and chapter 84

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2414 CONGRESSIONAL RECORD — SENATE April 9, 2002 of title 5, United States Code, to in- resolution to express the sense of the of a human being raises serious moral clude Federal prosecutors within the Senate regarding prenatal care for and ethical questions about society’s definition of a law enforcement officer, women and children. perception of human life. and for other purposes. S. RES. 219 Today, I am introducing legislation S. 1922 At the request of Mr. GRAHAM, the that prohibits the cloning of a human At the request of Mr. HUTCHINSON, name of the Senator from Tennessee being. It is a simple bill, but it reflects the name of the Senator from Georgia (Mr. THOMPSON) was added as a cospon- my view and a view that is held by al- most everyone. My bill reflects the (Mr. MILLER) was added as a cosponsor sor of S. Res. 219, a resolution express- of S. 1922, a bill to direct the Secretary ing support for the democratically common ground that we can all agree of Health and Human Services to ex- elected Government of Colombia and to in this debate. My legislation makes pand and intensify programs with re- its efforts to counter threats from it illegal to clone a human being and spect to research and related activities United States-designated foreign ter- imposes strict penalties against anyone concerning elder falls. rorist organizations. who violates this prohibition. I urge my colleagues to support a ban S. 1945 f on the cloning of a human being, and At the request of Mr. JOHNSON, the STATEMENTS ON INTRODUCED encourage their cosponsorship of my name of the Senator from Illinois (Mr. BILLS AND JOINT RESOLUTIONS legislation. DURBIN) was added as a cosponsor of S. 1945, a bill to provide for the merger of By Mr. BAUCUS: By Ms. COLLINS: S. 2075. A bill to facilitate the avail- the bank and savings association de- S. 2077. A bill to make grants to im- ability of electromagnetic spectrum for posit insurance funds, to modernize prove public safety in order to prepare the deployment of wireless based serv- and improve the safety and fairness of for and respond to terrorist threats; to ices in rural areas, and for other pur- the Federal deposit insurance system, the Committee on Environment and poses; to the Committee on Commerce, and for other purposes. Public Works. Science, and Transportation. Ms. COLLINS. Madam President, S. 2003 Mr. BAUCUS. Madam President, I today I am introducing the Securing At the request of Mr. NELSON of Flor- rise today to introduce the Rural Spec- Our States Act. As the tragic terrorist ida, the names of the Senator from trum Access Act, RESA, of 2002. Wire- attacks of September 11 taught us all Alabama (Mr. SESSIONS) and the Sen- less communications is revolutionizing too well, our Nation is not as prepared ator from Idaho (Mr. CRAIG) were added the way we communicate. It allows us for widespread emergencies as it should as cosponsors of S. 2003, a bill to amend to place calls from anywhere in the be. The legislation I am introducing title 38, United States Code, to clarify world to anywhere in the world. We can today, Securing Our States Act, or SOS the applicability of the prohibition on check our favorite websites, and even Act, will help make our Nation more assignment of veterans benefits to stay in touch with family and friends secure by strengthening our first line agreements regarding future receipt of through email, all without a phone of defense, the first responders in our compensation, pension, or dependency line. It’s empowering to know that we States and communities. and indemnity compensation, and for can do all this and more while sitting As the Presiding Officer is well other purposes. on top of a mountain in Montana. aware, when a terrorist attack or other S. 2026 However, these services require spec- disaster occurs, it is the State and At the request of Mr. LUGAR, the trum, the wireless waves that give us local police, firefighters, and emer- name of the Senator from Indiana (Mr. this freedom. Due to the way the FCC gency medical personnel who are first BAYH) was added as a cosponsor of S. distributes spectrum, rural America is on the scene. Nearly 2 million State 2026, a bill to authorize the use of Coop- finding it more and more difficult to and local police, firefighters, emer- erative Threat Reduction funds for get quality wireless service. The cur- gency medical personnel, and others projects and activities to address pro- rent system distributes spectrum on are closest to these challenges. They liferation threats outside the states of very large geographic areas, which in understand best what is needed to re- the former Soviet Union, and for other effect, inhibits certain carriers from spond effectively, and they tell me purposes. participating in wireless auctions. they need improved training, more and S. 2051 Since the geographic licensing areas better equipment, greater coordina- At the request of Mr. REID, the are so large and the price for the spec- tion, and more exercises. They need names of the Senator from Washington trum is equally as large, rural carriers them as soon as possible. They are the (Ms. CANTWELL), the Senator from often find it difficult bidding on the ones who are always on the front lines Delaware (Mr. BIDEN), the Senator spectrum. My legislation will correct when disaster strikes. Properly trained and equipped, first from Idaho (Mr. CRAIG), the Senator this inequity. responders have the greatest potential from North Dakota (Mr. DORGAN), the RESA requires the Federal Commu- Senator from North Carolina (Mr. nications Commission, in future auc- to save lives and limit casualties after a terrorist attack. Currently, however, HELMS), and the Senator from Vermont tions, to distribute spectrum on small- our capabilities for responding to a ter- (Mr. JEFFORDS) were added as cospon- er geographic levels. It does not favor rorist attack vary widely from commu- sors of S. 2051, a bill to remove a condi- one type of carrier over another, or nity to community, State to State, tion preventing authority for concur- pick which carrier can serve which across this great country. Many areas rent receipt of military retired pay and areas. Rather, it simply allows carriers simply have very little capacity to re- veterans’ disability compensation from to bid on spectrum that they find dif- spond to a terrorist attack. In fact, taking affect, and for other purposes. ficult under today’s system. It is my hope that this bill will allow most localities could not respond effec- S. RES. 109 more of our rural telecommunication tively to a terrorist attack if weapons At the request of Mr. REID, the name carriers to participate in future auc- of mass destruction were used. Even of the Senator from Alabama (Mr. SES- tions. The RESA Act will bring more the best prepared States and commu- SIONS) was added as a cosponsor of S. choices, better service and lower prices nities do not possess adequate re- Res. 109, a resolution designating the for those of us living in rural America. sources to respond to the full range of second Sunday in the month of Decem- possible terrorist attacks. ber as ‘‘National Children’s Memorial By Mr. DORGAN: This legislation I am introducing will Day’’ and the last Friday in the month S. 2076. A bill to prohibit the cloning help by providing much needed re- of April as ‘‘Children’s Memorial Flag of humans; to the Committee on the sources. The SOS Act, which is con- Day.’’ Judiciary. sistent with the first responders pro- S. RES. 209 Mr. DORGAN. Madam President, the posal in President Bush’s budget, will At the request of Mr. SMITH of New Senate will soon start debating the provide $4 billion in critically needed Hampshire, the name of the Senator issue of human cloning. I want to state funding, an increase of more than 1,000 from Alabama (Mr. SESSIONS) was unequivocally that I am against the percent in Federal resources that will added as a cosponsor of S. Res. 209, a cloning of a human being. The cloning flow to State and local governments.

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2415 This bill is designed to accomplish quirements for State and local polit- and to solve the problem that we cre- the following objectives: First, more ical committees and candidate com- ated and to do so now. resources to States and communities mittees and avoid duplicate reporting to conduct important planning and ex- by certain State and local political By Mr. ROCKFELLER: ercises, purchase equipment, and better committees of information required to S. 2079. A bill to amend title 38, train their personnel. be reported and made publicly avail- United States Code, to facilitate and Second, it would provide flexibility able under State law, and for other enhance judicial review of certain mat- for States and localities to address purposes; to the Committee on Fi- ters regarding veterans’ benefits, and whatever the needs of their particular nance. for other purposes; to the Committee locality may be. States differ in their Mrs. HUTCHISON. Madam President, on Veterans’ Affairs. preparedness, and this would allow today I am pleased to again be offering Mr. ROCKEFELLER. Madam Presi- flexibility in the use of funds. legislation that will solve a significant dent, I am today introducing legisla- Third, another important feature of issue for State and local legislators and tion which responds to concerns relat- this bill is its simplicity. We need to candidates across the country and ing to judicial review of VA benefits speed the disbursement of Federal which I know is of serious concern. expressed by the authors of the Inde- Two years ago, Congress enacted the funds to States and communities with- pendent Budget for Veteran’s Programs Full and Fair Political Activities Dis- out further delay. for fiscal year 2003. I am doing this in closure Act of 2000, Public Law 106–230, Fourth, this legislation is designed to order to provide a vehicle for further a law that imposed new IRS reporting promote cooperation across the Nation discussion on these and related mat- requirements on political organiza- so local, State, Federal, and volunteer ters. tions claiming tax-exempt status under networks can operate together effec- The Independent Budget, the IB, is tively. Section 527 of the Internal Revenue Code. The purpose of this law was to the collaborative effort of a coalition To achieve these objectives, the Fed- of four veterans service organizations, eral Emergency Management Agency, uncover so-called ‘‘stealth PACs,’’ tax- exempt groups which, prior to the en- AMVETS, Disabled American Vet- known as FEMA, will implement a erans, Paralyzed Veterans of America, streamlined and simple procedure de- actment of this law, did not have to disclose any contributions or expendi- and Veterans of Foreign Wars, which is signed to speed the flow of resources to endorsed by dozens of other veterans’ States and communities. The funds tures and were free to influence elec- tions in virtual anonymity. While Pub- groups and others. This is the sixteenth may be used for a variety of activities, year that the these organizations have including planning to develop com- lic Law 106–230 was intended to target ‘‘stealth PACs,’’ it has had the unin- drafted an independent budget to advo- prehensive plans to prepare for and re- cate for the funding that they feel is spond to a terrorist attack; equipment tended consequence of imposing bur- densome and duplicative reporting re- necessary to properly provide care and to respond more effectively to terrorist benefits to our veterans. attack, including personal protective quirements on State and local can- This bill proposes three amendments equipment, chemical, and biological didates who are not involved in any to title 38, United States Code, and a detectors and interoperable commu- federal election activities. In many free-standing provision relating to the nications gear. States like Texas, state and local can- Equal Access to Justice Act. Section 1 We want to make sure our emergency didates already file detailed reports of this legislation would amend section personnel can communicate with one with their state election officials. 502 of title 38 to allow the United another. We have learned from the les- To correct this problem, I have States Court of Appeals for the Federal sons of September 11 that can be a dev- worked closely with Senator LIEBER- Circuit, the Federal Circuit, to review astating problem. MAN, among others, to develop legisla- The legislation would also allow tion that would exempt state and local and set aside VA changes to the sched- funds to be used for more training to candidates from some of the IRS re- ule for rating disabilities found to be enable firefighters, police officers, and porting requirements of Public Law arbitrary and capricious or in violation emergency medical professionals to re- 106–230. We have done this in a way of statute. Section 2 would amend sec- spond and operate in a chemical or bio- that solves the problem but without tion 7261 of title 38 to specify that the logical environment, even a very dan- creating new loopholes that would United States Court of Appeals for Vet- gerous environment. allow ‘‘stealth’’ organizations to re- eran Claims, the CAVC, shall apply a We need to have more exercises to emerge. This legislation is the product preponderance of the evidence standard improve response capabilities, practice of bipartisan and I would like to thank when reviewing findings of fact made mutual aid and assess operational im- those who have supported our efforts, by the Board of Veterans Appeals. Sec- provements and deficiencies. including Senator MCCAIN, Senator tion 3 would amend section 7292 of title The legislation I am introducing will FEINGOLD, and Senator LEVIN who join 38 to permit the Federal Circuit to re- help make our Nation safer. Nearly 2 me and Senator LIEBERMAN on this bill view CAVC decisions on questions of million first responders are always today. I originally offered legislation law. The final section of this legisla- there, willing to put their lives at risk on this issue last year and it was in- tion would allow the CAVC, when to save the lives of others and to make cluded in the tax cut bill, the Eco- awarding attorneys fees under the our country safer. This bill will help nomic Growth and Tax Relief Rec- Equal Access to Justice Act to award these brave men and women do their onciliation Act of 2001. Unfortunately, compensation to qualified non-attor- jobs better and will help all of our com- our provision was dropped from the bill ney representatives before the CAVC. munities be more secure. The benefits in conference. Current section 502 of title 38, pro- of the Securing Our States Act are im- Since then, P.L. 106–230 has created vides for judicial review of VA rules mediate and widespread and the goal is an increasingly heavy burden on local and regulations in the Federal Circuit, one we can all embrace, the goal of and State candidates. This is exacer- but expressly precludes review of VA making our Nation safer from terrorist bated by the fact that many candidates actions relating to the adoption or re- attacks while also bolstering everyday were not aware of the notification re- vision of the so called ‘‘rating sched- response capabilities. quirements and could now face severe ule’’ made pursuant to section 1155 of I urge my colleagues to join me in penalties. It is time to take action and title 38. This rating schedule is the sys- supporting this legislation. get this issue resolved. The bill we in- tem by which VA categorizes types and I yield the floor. troduce today solves this problem levels of disability by percentages and, while also addressing some issues that as noted by the IB authors, this pre- By Mrs. HUTCHISON (for herself, have been raised since we first made clusion of review was based on the view Mr. LIEBERMAN, Mr. MCCAIN, this effort last year. The deadline for that VA has specific expertise in this Mr. FEINGOLD, and Mr. LEVIN): the most burdensome reporting re- area, an expertise not found in most S. 2078. A bill to amend section 527 of quirements is fast approaching in May. courts. However, while the IB authors the Internal Revenue Code of 1986 to Congress has delayed too long. I again recognize the importance of VA’s par- eliminate notification and return re- urge my colleagues to support this bill ticularly informed judgment in this

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2416 CONGRESSIONAL RECORD — SENATE April 9, 2002 area, they are concerned that, ‘‘with- 7292 of title 38 to accomplish that re- to be constructed at Tulare and ‘‘O’’ out any constraints or oversight what- sult. Streets in downtown Fresno, CA the soever, VA is free to promulgate rules A final issue raised by the authors of ‘‘Robert E. Coyle United States Court- to rating disabilities that do not have the Independent Budget is not one of house.’’ as their basis reduction in earning ca- procedural fairness, but rather of It is fitting that the Federal court- pacity.’’ To remedy this concern, the equality of access to the administra- house in Fresno be named for Senior authors of the IB propose an amend- tive and judicial structures of the vet- U.S. District Judge Robert E. Coyle, ment to section 502 of title 38 which erans’ appeals process. Currently, vet- who is greatly respected and admired would authorize Federal Circuit review erans who enlist the aid of attorneys, for his work as a judge and for his fore- of rating schedule decisions. This is the and non-attorney practitioners super- sight and persistence which contrib- intent of section 1 of this bill. vised by attorneys, who are successful uted so much to the Fresno Courthouse A second concern of the authors of in their claims and satisfy the other re- project. Since prior to 1994, Judge the IB relates to the scope of review quirements, can avail themselves of Coyle has been a leader in the effort to applied by the CAVC to factual deter- the benefits of the Equal Access to Jus- build a new courthouse in Fresno. In minations of the Board of Veterans’ tice Act, the EAJA. The EAJA shifts the course of his work, Judge Coyle, Appeal. Under current law, section the burden of attorney fees from the working with the Clerk of the United 5107(b) of title 38, VA is required to citizen to the government in cases States District Court for the Eastern give a claimant the benefit of the where the citizen successfully chal- District, conceived and founded a pro- doubt when ‘‘there is an approximate lenges an unreasonable government ac- gram called ‘‘Managing a Capitol Con- balance of positive and negative evi- tion. In the case of VA claims, how- struction Program’’ to help others un- dence regarding the merits’’ of an issue ever, claimants often turn to qualified, derstand the process of having a court- material to the claim. However, as non-attorney representatives of the house built. This Eastern District pro- noted in the IB for fiscal year 2003, the many veterans service organizations to gram was so well received by national CAVC, in reviewing a VA decision on a represent them, up to and through the court administrators that it is now a factual issue, is required to apply a CAVC. Based upon the prior long nationwide program run by Judge ‘‘clearly erroneous’’ standard. Under standing limitation on paying attorney Coyle. In addition to meeting the needs this standard, which is the same as ap- fees in veterans’ benefits cases, there of the court for additional space, the plied by Federal appellate courts in had not been an active veterans’ bar. courthouse project has become a key their review of factual determinations As a result, veterans service organiza- element in the downtown revitalization of trial courts, if there is a plausible tions developed expertise to enable of Fresno. Judge Coyle’s efforts, and basis for a factual finding, it can not be them to effectively represent claim- those in the community with whom he clearly erroneous. This results in the ants before VA. VA does not require worked, produced a major milestone CAVC having to accord significant def- that these representatives be attor- when the groundbreaking for the new erence to findings of fact made by the neys, only credentialed by a VA-recog- courthouse took place earlier this Board. As the IB authors note, this ap- nized veterans service organization. month. Judge Coyle has had a distinguished proach of requiring the CAVC to up- Therefore, when the court was created, career as an attorney and on the bench. hold a Board decision based on only the certain non-attorney practitioners Appointed to California’s Eastern Dis- lower ‘‘plausible basis’’ undermines the were allowed to represent appellants at trict bench by President Ronald statutory ‘‘benefit of the doubt’’ rule. the court. However, as currently inter- Section 2 of this legislation would pro- Reagan in 1982, Judge Coyle has served preted, these non-attorney practi- as a judge for the Eastern District for tect the ‘‘benefit of the doubt’’ rule by tioners are not eligible to receive com- amending section 7261 of title 38 to 20 years, including 6 years as senior pensation under the EAJA, despite the judge. Judge Coyle earned his law de- specify that the CAVC is to apply a fact that they are doing the same work preponderance of the evidence standard gree from University of California, as their attorney counterparts. The au- Hastings College of the Law in 1956. He when reviewing factual determinations thors of the Independent Budget, rep- of the Board. then worked for Fresno County as a resentatives of the organizations which Deputy District Attorney before going Another concern of the IB authors is are affected by this limitation, ask the present limit on Federal Circuit’s into private practice in 1958 with that unsupervised, non-attorneys be McCormick, Barstow, Sheppard, Coyle authority to review CAVC precedential given access to fee compensation under decisions on questions of law. Under & Wayte, where he remained until his the EAJA. They believe that this appointment by President Reagan. He section 7292 of title 38, the Federal Cir- change would allow veterans organiza- cuit is authorized to review CAVC find- is very active in the community and tions to represent even more veterans. has served in many judicial leadership ings on questions of statutory or regu- Section 4 of the bill would provide for latory interpretation, but is not au- positions, including: Chair, Space and this change. Security Committee; Chair, Conference thorized to review such decisions based As a new generation is called to sac- on questions of law not rooted on a of the Chief District Judges of the rifice in service of our country it is im- Ninth Circuit; President of the Ninth constitutional, statutory, or regu- perative that we ensure the fairness latory interpretation. In a 1992 case, Circuit District Judges Association; and accessibility of the benefits that Member of the Board of Governors of Livingston v. Derwinski, 959 F.2d 224, they so richly deserve and it is for this the Federal Circuit has described this the State Bar of California and Presi- reason that I introduce this bill. As I dent of the Fresno County Bar. My limitation as follows: ‘‘The interpreta- noted earlier in my statement, I am tion of the board’s decision is unques- hope is that, in addition to serving the doing so in order to provide a vehicle people of the Eastern District as a tionably a matter of law, but that is for detailed discussion of these and not enough to bring the appeal within courthouse, this building will stand as other issues related to the judicial re- a reminder to the community and peo- this court’s statutory jurisdiction. In view of VA claims. I look forward to ple of California of the dedicated work the absence of a challenge to the valid- working with my colleagues on these of Judge Robert E. Coyle. ity of a statute or a regulation, or the matters in the months ahead. interpretation of a constitutional or By Mr. BINGAMAN (by request): statutory provision or a regulation, we By Mrs. BOXER: S.J. Res. 34. A joint resolution ap- have no authority to consider the ap- S. 2080. A bill to designate a United proving the site at Yucca Mountain, peal.’’ The IB authors express the con- States courthouse to be constructed in Nevada, for the development of a repos- cern that this ‘‘unavailability of Fed- Fresno, California, as the ‘‘Robert E. itory for the disposal of high-level ra- eral Circuit review, has, in many in- Coyle United States Courthouse’’; to dioactive waste and spent nuclear fuel, stances, undesirable consequences’’ and the Committee on Environment and pursuant to the Nuclear Waste Policy urge that the law be amended to give Public Works. Act of 1982; to the Committee on En- the Federal Circuit jurisdiction to re- Mrs. BOXER. Madam President, I am ergy and Natural Resources. view all CAVC decisions on questions pleased to introduce legislation to Mr. BINGAMAN. Madam President, of law. Section 3 would modify section name the Federal courthouse building yesterday, the Governor of the State of

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2417 Nevada submitted to the Senate and to ommendation of the Yucca Mountain S. RES. 233 the House of Representatives a notice site and the objections of the State of Whereas the 2002 University of Maryland of disapproval of the proposed nuclear Nevada to the use of the site for the Terrapins men’s basketball team won 32 waste repository at Yucca Mountain, nuclear waste repository and to report games, a school record for wins in a season; pursuant to section 116 of the Nuclear the committee’s recommendation to Whereas the 2002 Maryland Terrapins were Waste Policy Act. The notice was duly undefeated at home in the last year of play the Senate within the prescribed 60-day at historic Cole Field House, compiling a referred in the Senate to the Com- period as the 97th Congress envisioned. home record of 15–0; mittee on Energy and Natural Re- f Whereas the 2002 Maryland Terrapins con- sources under rule XXV of the Stand- tinued their dominance over nonconference ing Rules of the Senate. Under section SUBMITTED RESOLUTIONS opponents at home, extending their NCAA 115 of the Nuclear Waste Policy Act, it record nonconference home winning streak is my duty, as the chairman of the to 84 wins; committee to which the notice of dis- SENATE RESOLUTION 232—CON- Whereas the 2002 Maryland Terrapins won GRATULATING THE HUSKIES OF their first, outright Atlantic Coast Con- approval was referred, to introduce, by ference regular season championship in 22 request, a resolution of repository THE UNIVERSITY OF CON- years; siting approval not later than the first NECTICUT FOR WINNING THE 2002 Whereas the Maryland Terrapins qualified day of session following the day on NCAA DIVISION I WOMEN’S BAS- for a 9th consecutive NCAA tournament which the Governor’s notice of dis- KETBALL CHAMPIONSHIP. under Coach Gary Williams, being awarded a number 1 seed in the East Region; approval was submitted. Mr. DODD (for himself and Mr. LIE- In accordance with the statutory re- Whereas the Maryland Terrapins handily BERMAN) submitted the following reso- quirement, I am today introducing the defeated the Siena College Saints in the first lution; which was considered and round of the NCAA tournament by a score of resolution of repository siting ap- agreed to: 85–70; proval. The text of the resolution is S. RES. 232 Whereas in the second round, the Maryland prescribed by the Nuclear Waste Policy Terrapins ousted the Wisconsin Badgers by a Whereas the University of Connecticut Act. The resolution will be referred to score of 87–57; women’s basketball team won its second na- committee for a period of up to 60 days. Whereas in the Sweet Sixteen, the Mary- tional championship in 3 years by defeating land Terrapins overpowered the tough Ken- Under the terms of the Nuclear Waste the University of Oklahoma by the score of Policy Act, the Governor’s notice of tucky Wildcats by a score of 78–68; 82-70; Whereas in the final game of the East Re- disapproval will stand, and the Depart- Whereas NCAA Division I Women’s Basket- gional, the Maryland Terrapins earned a 2d ment of Energy will be prohibited from ball Coach of the Year Geno Auriemma’s straight bid to the Final Four by defeating applying for a license to develop a nu- team finished the 2002 season with a perfect the Connecticut Huskies by a score of 90–82; clear waste repository at Yucca Moun- 39–0 record, becoming only the fourth NCAA Whereas in the Final Four, the Maryland tain, unless both Houses of Congress Division I women’s basketball team to go Terrapins achieved a 97–88 victory over the undefeated; potent Kansas Jayhawks; pass the resolution of repository siting Whereas Sue Bird was chosen as the na- approval and it becomes law within 90 Whereas in the NCAA championship game, tional women’s player of the year; the Maryland Terrapins came away with a days from yesterday. Whereas Swin Cash was named the Final 64–52 victory over the storied Indiana Hoo- This is an extraordinary process. The Four Most Outstanding Player; siers; 97th Congress, which prescribed this Whereas Sue Bird, Swin Cash, Diana Whereas on April 1, 2002 the University of process for us to follow 20 years ago, Taurasi, Asjha Jones, and Tamika Williams Maryland won the NCAA men’s basketball did not do so lightly. The Members of were selected as All-Americans; championship, the first ever for the Univer- the 97th Congress only arrived at this Whereas the Huskies’ 35-point average sity of Maryland; procedure after considerable debate. margin of victory during the regular season Whereas the 2002 Maryland Terrapins, by was the largest in NCAA Division I women’s Representative Morris K. Udall, who winning the 2002 NCAA men’s basketball basketball history; championship, became only the 5th NCAA was the principal architect of the Nu- Whereas the Huskies dominated this year’s Division I athletic program to have won na- clear Waste Policy Act, explained the NCAA Division I women’s basketball tour- tional championships in both basketball and thinking of our predecessors. ‘‘We are nament, averaging 83.3 points and a 27-point football; all agreed that the States ought to margin of victory en route to the champion- Whereas senior Juan Dixon was named the have a veto,’’ Chairman Udall said. ‘‘If ship; most outstanding player of the 2002 NCAA you are going to put something as im- Whereas the high caliber of the Huskies in tournament, first team all-American, and portant, as a nuclear waste repository, both athletics and academics has signifi- Atlantic Coast Conference player of the year; cantly advanced the sport of women’s bas- in a State, then the State, through its Whereas senior Lonny Baxter was named ketball and provided inspiration for future the most valuable player in regional play for Governor or legislature, ought to be generations of young men and women alike; the second year in a row; and able to say no thanks.’’ But, he contin- and Whereas in game number 2002 of the Uni- ued, ‘‘we are also agreed that once the Whereas the Huskies’ season of unparal- versity of Maryland men’s basketball pro- State has made that veto, that there leled accomplishment rallied Connecticut gram, the Terrapins achieved the title of 2002 ought to be mechanism so that, in the residents of all ages, from New London to national champion: Now, therefore, be it national interest, it could be over- New Haven, from Hartford to Hamden, be- Resolved, That the Senate— (1) congratulates the mighty University of ridden, as we do in war when we need hind a common purpose, and triggered a wave of euphoria across the State: Now, Maryland Terrapins for winning the 2002 an air base or at other times when we therefore, be it NCAA national men’s basketball champion- need Federal eminent domain.’’ Resolved, That the Senate commends the ship on April 1, 2002; The process upon which we are em- Huskies of the University of Connecticut (2) commends the Maryland Terrapins for barking today was designed to serve for— their outstanding performance in the 2002 those two goals. It will afford the State (1) completing the 2001–2002 women’s bas- NCAA national tournament, the Atlantic of Nevada a fair hearing on its objec- ketball season with a 39–0 record; and Coast Conference, and the entire 2002 season; tions to the repository and will ensure (2) winning the 2002 NCAA Division I Wom- (3) applauds the Maryland Terrapins for en’s Basketball Championship. their commitment to high standards of char- that those objections stand unless the acter, perseverance, and teamwork; administration can persuade both f (4) congratulates the Maryland Terrapins Houses of Congress to override them. SENATE RESOLUTION 233—CON- on reaching their goal of an NCAA cham- At the same time, it will give the ad- pionship, an achievement that no previous ministration an opportunity to present GRATULATING THE UNIVERSITY Maryland men’s basketball team had been its case and to override the State’s ob- OF MARYLAND TERRAPINS FOR able to accomplish; jections if it can show its decision was WINNING THE 2002 NCAA NA- (5) recognizes the achievements of the sound and in the national interest. TIONAL BASKETBALL CHAMPION- players, coaches, and support staff who were It is my intention, once the Senate SHIP instrumental in helping the University of Maryland Terrapins win the 2002 NCAA completes action on the energy bill, to Mr. SARBANES (for himself and Ms. championship; schedule hearings before the Com- MIKULSKI) submitted the following res- (6) congratulates all of the 65 outstanding mittee on Energy and Natural Re- olution; which was considered and teams who participated in the 2002 NCAA sources to consider the President’s rec- agreed to: Tournament;

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2418 CONGRESSIONAL RECORD — SENATE April 9, 2002 (7) congratulates the National Collegiate technology transfer and partnerships COMMITTEE ON HEALTH, EDUCATION, LABOR, Athletic Association for its continuing ex- for fiscal years 2002 through 2006, and AND PENSIONS cellence in providing a supportive arena for for other purposes; which was ordered Mr. REID. Mr. President, I ask unan- college athletes to display their talents and to lie on the table; as follows: imous consent that the Committee on sportsmanship; and Health, Education, Labor, and Pen- (8) directs the Secretary of the Senate to On page 307, after line 3, insert the fol- transmit an enrolled copy of this resolution lowing new section at the end of Subtitle E: sions be authorized to meet for a hear- to— SEC. 946. LIMITATION ON APPROPRIATION OF ing on the reauthorization of the Cor- (A) Dr. C.D. ‘‘Dan’’ Mote, the President of FUNDS. poration for National and Community the University of Maryland; No funds may be appropriated under sub- Service during the session of the Sen- (B) Deborah Yow, the Athletic Director at title E of title IX unless all programs and au- ate on Tuesday, April 9, 2002, at 10 a.m. the University of Maryland; and thorities contained in this subtitle have been The PRESIDING OFFICER. Without (C) Gary Williams, the head coach of the approved in legislation within the appro- objection, it is so ordered. University of Maryland Terrapins men’s bas- priate committees of jurisdiction and en- ketball team. acted thereafter. COMMITTEE ON THE JUDICIARY Mr. REID. Mr. President, I ask unan- f SA 3084. Mr. BOND submitted an imous consent that the Committee on AMENDMENTS SUBMITTED AND amendment intended to be proposed to the Judiciary be authorized to meet to PROPOSED amendment SA 2917 proposed by Mr. conduct a hearing on ‘‘FBI Reforming SA 3082. Mr. BAUCUS submitted an amend- DASCHLE (for himself and Mr. BINGA- the 21st Century: The Lessons of the ment intended to be proposed to amendment MAN) to the bill (S. 517) to authorize Hanssen Espionage Case’’ today, Tues- SA 2917 proposed by Mr. DASCHLE (for him- funding the Department of Energy to day, April 9, 2002, in Dirksen room 628 self and Mr. BINGAMAN) to the bill (S. 517) to enhance its mission areas through at 10 a.m. authorize funding the Department of Energy technology transfer and partnerships Agenda to enhance its mission areas through tech- for fiscal years 2002 through 2006, and nology transfer and partnerships for fiscal Witnesses years 2002 through 2006, and for other pur- for other purposes; which was ordered poses; which was ordered to lie on the table. to lie on the table; as follows: Panel I: The Honorable William Web- SA 3083. Mr. BOND submitted an amend- On page 307, after line 3, strike ‘‘Secretary ster, Milbank, Tweed, Hadley & McCoy, ment intended to be proposed to amendment of Housing and Urban Development’’ wher- LLP, Washington, DC. SA 2917 proposed by Mr. DASCHLE (for him- ever it appears in Subtitle E, and insert in Panel II: Mr. Dale Watson, Executive self and Mr. BINGAMAN) to the bill (S. 517) lieu thereof the following ‘‘Secretary of En- Assistant Director for Counterter- supra; which was ordered to lie on the table. ergy.’’ SA 3084. Mr. BOND submitted an amend- On page 307, after line 3, strike ‘‘Sec- rorism/Counterintelligence, Federal ment intended to be proposed to amendment retary’’ wherever it appears by itself without Bureau of Investigation, Washington, SA 2917 proposed by Mr. DASCHLE (for him- explicit reference to an agency or depart- DC; Mr. Dave Szady, Assistant Director self and Mr. BINGAMAN) to the bill (S. 517) ment and insert in lieu thereof ‘‘Secretary of for Counterintelligence Division, Fed- supra; which was ordered to lie on the table. Energy.’’ eral Bureau of Investigation, Wash- f f ington, DC; and Mr. Kenneth Senser, TEXT OF AMENDMENTS Assistant Director for Security Divi- AUTHORITY FOR COMMITTEES TO sion, Federal Bureau of Investigations, SA 3082. Mr. BAUCUS submitted an MEET Washington, DC. amendment intended to be proposed to The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES amendment SA 2917 proposed by Mr. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- DASCHLE (for himself and Mr. BINGA- SUBCOMMITTEE ON SEAPOWER MAN) to the bill (S. 517) to authorize imous consent that the Committee on Armed Services be authorized to meet Mr. REID. Mr. President, I ask unan- funding the Department of Energy to imous consent that the Subcommittee enhance its mission areas through during the session of the Senate on Tuesday, April 9, 2002, at 9:30 a.m., in on Seapower of the Committee on technology transfer and partnerships Armed Services be authorized to meet for fiscal years 2002 through 2006, and open session to receive testimony on Department of Defense policies and during the session of the Senate on for other purposes; which was ordered Tuesday, April 9, 2002, at 2:30 p.m., in to lie on the table; as follows: programs to transform the force to meet the challenges of the twenty-first open session to receive testimony on At the appropriate place, insert the fol- Navy equipment required for fielding a lowing: century. The PRESIDING OFFICER. Without 21st century capabilities-based Navy in SEC. ll. SALE OF GASOLINE AND DIESEL FUEL review of the Defense authorization re- AT DUTY-FREE SALES ENTERPRISES. objection, it is so ordered. quest for fiscal year 2003. (a) PROHIBITION.—Section 555(b) of the Tar- COMMITTEE ON FOREIGN RELATIONS iff Act of 1930 (19 U.S.C. 1555(b)) is amended— Mr. REID. Mr. President, I ask unan- Agenda (1) by redesignating paragraphs (6) through imous consent that the Committee on Witnesses (8) as paragraphs (7) through (9), respec- Foreign Relations be authorized to tively; and meet during the session of the Senate Panel I: Admiral Vernon E. Clark, (2) by inserting after paragraph (5) the fol- USN, Chief of Naval Operations. lowing: on Tuesday, April 9, 2002, at 2:30 p.m. to ‘‘(6) Any gasoline or diesel fuel sold at a hold a hearing titled, ‘Weak States in Panel II: Major General William A. duty-free sales enterprise shall be considered Africa—U.S. Policy Options in the Whitlow, USMC, Director, Expedi- to be entered for consumption into the cus- DRC.’ tionary Warfare Division, Department toms territory of the United States.’’. of the Navy; Rear Admiral Phillip M. (b) CONSTRUCTION.—The amendments made Agenda Balisle, USN, Director, Surface War- by this section shall not be construed to cre- fare Division, Department of the Navy; Witness ate any inference with respect to the inter- Rear Admiral Paul F. Sullivan, USN, pretation of any provision of law as such pro- Panel 1: Mr. William Bellamy, Acting Director, Submarine Warfare Division, vision was in effect on the day before the Assistant Secretary for African Affairs, date of enactment of this Act. Department of the Navy; and Rear Ad- Department of State, Washington, DC. (c) EFFECTIVE DATE.—The amendments miral Michael J. McCabe, USN, Direc- made by this section shall take effect on the Panel 2: Ms. Fabienne Hara, Co-Di- tor, Air Warfare Division, Department date of enactment of this Act. rector of the Africa Program, Inter- of the Navy. national Crisis Group, Brussels, Bel- The PRESIDING OFFICER. Without SA 3083. Mr. BOND submitted an gium; Mr. Learned Dees, Program Of- objection, it is so ordered. amendment intended to be proposed to fice for Africa, National Endowment f amendment SA 2917 proposed by Mr. for Democracy, Washington, DC; and DASCHLE (for himself and Mr. BINGA- Ms. Anne Edgerton, Advocate, Refu- CONGRATULATING THE UNIVER- MAN) to the bill (S. 517) to authorize gees International, Washington, DC. SITY OF MARYLAND TERRAPINS funding the Department of Energy to The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask enhance its mission areas through objection, it is so ordered. unanimous consent that the Senate

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2419 proceed to S. Res. 233 submitted earlier All-Defensive Team; senior center rise to the pinnacle of the academic today by Senators SARBANES and MI- Lonny Baxter, Most Valuable Player of world. Our university is a national KULSKI. the East Region, Second Team All- leader in science, engineering and busi- The PRESIDING OFFICER. The ACC, honorable mention All-American, ness. clerk will report the resolution by and a member of the ACC All Defensive The Terps had a perfect season dur- title. Team; senior forward Byron Mouton, ing their last year at Cole Field House. The legislative clerk read as follows: Honorable Mention All-ACC; senior The University of Maryland and the en- A resolution (S. Res. 233) congratulating guard Earl Badu; junior guard Steve tire State is grateful for everything the University of Maryland Terrapins for Blake, named to the Third Team All- this basketball team has given us. winning the 2002 NCAA National Basketball ACC, and Honorable Mention All-Amer- I ask my colleagues to join me in Championship. ican; junior forward Tahj Holden; jun- commending the University of Mary- There being no objection, the Senate ior guard Drew Nicholas; junior center land’s Terrapins for being such great proceeded to consider the resolution. Ryan Randle; junior guard Calvin winners—both on and off the court. Mr. REID. Madam President, I ask Mr. SARBANES. Madam President, McCall; sophomore forward Chris unanimous consent that the resolution one of Aesops fables tells of the race Wilcox, named to the Third Team All- and preamble be agreed to en bloc, the between the tortoise and the hare. As ACC; freshman guard Andre Collins; the story goes, the hare took off at the motion to reconsider be laid upon the and freshman forward Mike Grinnon. table, and that any statements related start of the race at a very swift pace On behalf of the State of Maryland, thereto be printed in the RECORD. but soon tired, stopped and fell fast the Maryland congressional delegation asleep. The tortoise, on the other hand, The PRESIDING OFFICER. Without and the University of Maryland, I ask objection, it is so ordered. maintained a slow and steady pace and my colleagues to join me in acknowl- The resolution (S. Res. 233) was passed the sleeping hare en route to a edging the outstanding efforts of this agreed to. victory. The moral of the story is amazing group of basketball players, The preamble was agreed to. ‘‘slow but steady wins the race.’’ coaches and staff. The resolution, with its preamble, Such was the pace to the 2002 NCAA Ms. MIKULSKI. Madam President, I reads as follows: Basketball Championship for the Uni- rise to pay tribute to the nation’s pre- S. RES. 233 versity of Maryland Terrapins. Fol- mier men’s college basketball team, Whereas the 2002 University of Maryland lowing a Final Four appearance in last the University of Maryland Terrapins. Terrapins men’s basketball team won 32 year’s NCAA Tournament, expecta- I am so proud that our Terps are our games, a school record for wins in a season; tions were high for this year’s team. national champions. Their victory Whereas the 2002 Maryland Terrapins were From the first tip-off last October dur- shows the hard work, perseverance and undefeated at home in the last year of play ing Midnight Madness to the final buzz- experience of an amazing team—and at historic Cole Field House, compiling a home record of 15–0; er of this year’s championship game, the support of an outstanding univer- the entire Terrapin team, led by head Whereas the 2002 Maryland Terrapins con- sity. This resolution seeks to celebrate tinued their dominance over nonconference coach and University of Maryland the Terps’ victory. opponents at home, extending their NCAA alumnus Gary Williams, pursued a de- Our Terps have worked so hard to record nonconference home winning streak liberate and determined course. Their reach these heights, shaping college to 84 wins; journey culminated on the night of basketball history as they got here. Whereas the 2002 Maryland Terrapins won April 1, 2002, when the team won the They are led by a Terrapin who learned their first, outright Atlantic Coast Con- NCAA Men’s Division 1 Basketball about much more than basketball as a ference regular season championship in 22 Championship. years; student and graduate-assistant in five Whereas the Maryland Terrapins qualified It is with a deep sense of Maryland years at College Park. Coach Gary Wil- for a 9th consecutive NCAA tournament pride and pleasure that I rise as the liams is that Terrapin—a true leader, a under Coach Gary Williams, being awarded a chairman of the Maryland congres- true teacher, and a true Marylander at number 1 seed in the East Region; sional delegation to submit a resolu- heart. As ACC Coach of the Year, Whereas the Maryland Terrapins handily tion congratulating the University of Coach Williams led the Terps to the defeated the Siena College Saints in the first Maryland Terrapins for winning the regular season ACC title, and their round of the NCAA tournament by a score of 2002 NCAA National Basketball Cham- first national championship. But even 85–70; pionship. My Maryland colleague, Sen- Whereas in the second round, the Maryland more important, he has continue to Terrapins ousted the Wisconsin Badgers by a ator BARBARA MIKULSKI, is joining me shape the lives of the young men he score of 87–57; in this effort and the Maryland House coaches. Whereas in the Sweet Sixteen, the Mary- delegation, led by University of Mary- He cares about his players on and off land Terrapins overpowered the tough Ken- land alum, STENY HOYER, is also sub- the court. That meant encouraging tucky Wildcats by a score of 78–68; mitting a similar resolution. them in their studies as well as in their Whereas in the final game of the East Re- As our resolution highlights, this has sport. He helped them understand the gional, the Maryland Terrapins earned a 2d been a remarkable run for the men’s importance of getting their degrees. straight bid to the Final Four by defeating basketball team. The team won a the Connecticut Huskies by a score of 90–82; His success is shown in the fact that Whereas in the Final Four, the Maryland school record 32 games. They went four of his players are serious—more Terrapins achieved a 97–88 victory over the undefeated at home, including their than any of their competitors. potent Kansas Jayhawks; impressive win over Duke University These men include this year’s dy- Whereas in the NCAA championship game, by a score of 97–73. This year was the namic senior class of Earl Badu, Byron the Maryland Terrapins came away with a last year that the team will play in Mouton, Lonny Baxter, and Juan 64–52 victory over the storied Indiana Hoo- historic Cole Field House and the sea- Dixon. I am so proud of them because siers; son was a fitting tribute to a building they will all graduate this year, prov- Whereas on April 1, 2002 the University of that has witnessed so many remark- ing that Coach Williams’ philosophy of Maryland won the NCAA men’s basketball championship, the first ever for the Univer- able games over the years. This year’s hard work on and off the court works sity of Maryland; team continued its home court domi- here in Maryland. Their experience was Whereas the 2002 Maryland Terrapins, by nance over non-conference opponents, a key factor in their victory. winning the 2002 NCAA men’s basketball extending its winning streak to 84 When Coach Williams recruits and championship, became only the 5th NCAA wins, the current longest winning teaches players, he doesn’t always look Division I athletic program to have won na- streak in the Nation. for the flashiest prospects. He works tional championships in both basketball and Madam President, please join me in with men he can make into champions. football; congratulating the Maryland Terrapin Our Terrapins show that championship Whereas senior Juan Dixon was named the team members: senior guard Juan most outstanding player of the 2002 NCAA spirit on and off the court. And that is tournament, first team all-American, and Dixon, the 2002 NCAA Tournament’s what a Maryland education is all Atlantic Coast Conference player of the year; Most Outstanding Player, the ACC about. Whereas senior Lonny Baxter was named Player of the Year, a First-Team All- The Terrapins’ court successes have the most valuable player in regional play for American, and a member of the ACC mirrored the University of Maryland’s the second year in a row; and

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Whereas in game number 2002 of the Uni- ENVIRONMENTAL PROTECTION AGENCY THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C. SECTION 6222: versity of Maryland men’s basketball pro- JOHN PETER SUAREZ, OF NEW JERSEY, TO BE AN AS- gram, the Terrapins achieved the title of 2002 SISTANT ADMINISTRATOR OF THE ENVIRONMENTAL To be first lieutenant national champion: Now, therefore, be it PROTECTION AGENCY, VICE STEVEN ALAN HERMAN, RE- JASON K. PETTIG, 0000 SIGNED. Resolved, That the Senate— IN THE AIR FORCE (1) congratulates the mighty University of BROADCASTING BOARD OF GOVERNORS THE FOLLOWING NAMED STUDENTS FOR A REGULAR STEVEN J. SIMMONS, OF CONNECTICUT, TO BE MEMBER Maryland Terrapins for winning the 2002 APPOINTMENT IN THE GRADE INDICATED IN THE UNITED OF THE BROADCASTING BOARD OF GOVERNORS FOR THE NCAA national men’s basketball champion- STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 2114. REMAINDER OF THE TERM EXPIRING AUGUST 13, 2003, ship on April 1, 2002; VICE ALBERTO J. MORA. To be captain (2) commends the Maryland Terrapins for OVERSEAS PRIVATE INVESTMENT CORPORATION their outstanding performance in the 2002 SAMUEL E AIKELE, 0000 NED L. SIEGEL, OF FLORIDA, TO BE A MEMBER OF THE ANDREW T ALLEN, 0000 NCAA national tournament, the Atlantic BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- JONATHAN L ARNHOLT, 0000 Coast Conference, and the entire 2002 season; VESTMENT CORPORATION FOR A TERM EXPIRING DE- ERIKA S BEARD, 0000 CEMBER 17, 2003, VICE MIGUEL D. LAUSELL. MICHAEL J BENCA, 0000 (3) applauds the Maryland Terrapins for GLENN D BURNS, 0000 their commitment to high standards of char- DEPARTMENT OF STATE YOVANNI CASABLANCA, 0000 acter, perseverance, and teamwork; MARC A CHILDRESS, 0000 JACK C. CHOW, OF PENNSYLVANIA, FOR THE RANK OF JARED A CHUGG, 0000 (4) congratulates the Maryland Terrapins AMBASSADOR DURING HIS TENURE OF SERVICE AS SPE- STEVEN D DEMARTINI, 0000 on reaching their goal of an NCAA cham- CIAL REPRESENTATIVE OF THE SECRETARY OF STATE ELIZABETH DUNCAN, 0000 FOR HIV/AIDS. pionship, an achievement that no previous ROBERT L EMERY, 0000 MERIT SYSTEMS PROTECTION BOARD TRAVIS W GERLACH, 0000 Maryland men’s basketball team had been ANNE GRAY, 0000 able to accomplish; STUART D. RICK, OF MARYLAND, TO BE A MEMBER OF ALAN D GUHLKE, 0000 (5) recognizes the achievements of the THE MERIT SYSTEMS PROTECTION BOARD FOR THE GREGORY D GUTKE, 0000 TERM OF SEVEN YEARS EXPIRING MARCH 1, 2007, VICE DAVID J HOOPES, 0000 players, coaches, and support staff who were BARBARA J. SAPIN. JONATHAN C JACKSON, 0000 instrumental in helping the University of LEGAL SERVICES CORPORATION NORRIS J JACKSON, 0000 Maryland Terrapins win the 2002 NCAA KEITH J JOE, 0000 LILLIAN R. BEVIER, OF VIRGINIA, TO BE A MEMBER OF GARY S KIM, 0000 championship; THE BOARD OF DIRECTORS OF THE LEGAL SERVICES SCOTT A KING, 0000 (6) congratulates all of the 65 outstanding CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE JEFFREY M LAMMERS, 0000 teams who participated in the 2002 NCAA HULETT HALL ASKEW, TERM EXPIRED. DANIEL R LAMOTHE, 0000 ROBERT J. DIETER, OF COLORADO, TO BE A MEMBER OF WAYNE A LATACK, 0000 Tournament; THE BOARD OF DIRECTORS OF THE LEGAL SERVICES PAUL E LEWIS III, 0000 (7) congratulates the National Collegiate CORPORATION FOR A TERM EXPIRING JULY 13, 2002, VICE KENNETH A MARRIOTT III, 0000 Athletic Association for its continuing ex- F. WILLIAM MCCALPIN, TERM EXPIRED. BRYANT R MARTIN, 0000 ROBERT J. DIETER, OF COLORADO, TO BE A MEMBER OF CASSANDRA T MCDANIEL, 0000 cellence in providing a supportive arena for THE BOARD OF DIRECTORS OF THE LEGAL SERVICES JOSEPH H MCDERMOTT, 0000 college athletes to display their talents and CORPORATION FOR A TERM EXPIRING JULY 13, 2005. (RE- JANELLE L MOORE, 0000 sportsmanship; and APPOINTMENT) THOMAS O MOORE, 0000 THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- JOHN J MURDOCK, 0000 (8) directs the Secretary of the Senate to BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- SEAN P OBRIEN, 0000 transmit an enrolled copy of this resolution ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2002, GILBERTO PATINO, 0000 to— VICE THOMAS F. SMEGAL, JR., TERM EXPIRED. ERIC V PLOTT, 0000 THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- IAN C RIDDOCK, 0000 (A) Dr. C.D. ‘‘Dan’’ Mote, the President of BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- JON M ROBITSCHEK, 0000 the University of Maryland; ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2005. TREVOR J SCHAR, 0000 (B) Deborah Yow, the Athletic Director at (REAPPOINTMENT) CARRIE A SCHMID, 0000 MICHAEL MCKAY, OF WASHINGTON, TO BE A MEMBER CHRISTIAN J SMITH, 0000 the University of Maryland; and OF THE BOARD DIRECTORS OF THE LEGAL SERVICES DREW N SWASEY, 0000 (C) Gary Williams, the head coach of the CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE ARLO M TAN, 0000 University of Maryland Terrapins men’s bas- NANCY HARDIN ROGERS, TERM EXPIRED. CECELIA M TATSUMI, 0000 FRANK B. STRICKLAND, OF GEORGIA, TO BE A MEMBER MONICA J TILLMAN, 0000 ketball team. OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES JUSTIN J TINGY, 0000 CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE MARISSA M VALENCIA, 0000 f JOHN N. ERLENBORN, TERM EXPIRED. GUY C VENUTI, 0000 CHRISTINA M WAITE, 0000 DEPARTMENT OF JUSTICE ORDERS FOR WEDNESDAY, APRIL SUK C WHANG, 0000 10, 2002 RAY ELMER CARNAHAN, OF ARKANSAS, TO BE UNITED BRYAN M WHITE, 0000 STATES MARSHAL FOR THE EASTERN DISTRICT OF AR- IN THE ARMY Mr. REID. Madam President, I ask KANSAS FOR THE TERM OF FOUR YEARS, VICE CONRAD unanimous consent that when the Sen- S. PATTILLO, TERM EXPIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WALTER ROBERT BRADLEY, OF KANSAS, TO BE UNITED TO THE GRADE INDICATED IN THE UNITED STATES ARMY ate completes its business today, it ad- STATES MARSHAL FOR THE DISTRICT OF KANSAS FOR UNDER TITLE 10, U.S.C., SECTION 624: journ until tomorrow morning at 9:15 THE TERM OF FOUR YEARS, VICE RICHARD RAND ROCK II, TERM EXPIRED. To be major a.m.; that following the prayer and THERESA A. MERROW, OF KENTUCKY, TO BE UNITED WILLIAM K.C. PARKS, 0000 pledge, the Journal of proceedings be STATES MARSHAL FOR THE MIDDLE DISTRICT OF GEOR- GIA FOR THE TERM OF FOUR YEARS, VICE LAWSON CARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT approved to date, the morning hour be BITTICK, TERM EXPIRED. TO THE GRADE INDICATED IN THE RESERVE OF THE deemed expired, the time for the two IN THE NAVY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: leaders be reserved for their use later THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel in the day, and the Senate resume con- IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL J. BENNETT, 0000 sideration of the energy reform bill. UNDER TITLE 10, U.S.C., SECTION 624: JERRY D. DELACRUZ, 0000 To be rear admiral (lower half) JEFFREY GONSECKI, 0000 The PRESIDING OFFICER. Without LEONARD C. HAWKINS, 0000 CAPT. MARK D. HARNITCHEK, 0000 ROBERT S. HOUGH, 0000 objection, it is so ordered. CAPT. MICHAEL S. ROESNER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OFFICERS FOR APPOINTMENT TO IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE GRADE INDICATED IN THE RESERVE OF THE ARMY ADJOURNMENT UNTIL 9:15 A.M. UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TOMORROW To be rear admiral (lower half) To be colonel Mr. REID. Madam President, if there CAPT. BRIAN G. BRANNMAN, 0000 FRANK E. BATTS, 0000 PAUL J. CIERVO, 0000 is no further business to come before THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WAYNE L. HILL, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEFFREY A. JENKINS, 0000 the Senate, I ask unanimous consent UNDER TITLE 10, U.S.C., SECTION 624: that the Senate stand in adjournment CHRISTIAN JUBOK, 0000 To be rear admiral (lower half) EUNICE PATXOT, 0000 under the previous order. DANIEL J. SCHMICK, 0000 There being no objection, the Senate, CAPT. THOMAS K. BURKHARD, 0000 EVELYN M. WILSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS at 6:03 p.m., adjourned until Wednes- IN THE UNITED STATES NAVY TO THE GRADE INDICATED day, April 10, 2002, at 9:15 a.m. UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) TO THE GRADE INDICATED IN THE UNITED STATES MA- f RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CAPT. RICHARD E. CELLON, 0000 To be major NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BAMIDELE J ABOGUNRIN, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED CHRISTOPHER C ABRAMS, 0000 Executive nominations received by UNDER TITLE 10, U.S.C., SECTION 624: JOHN C ALLEE, 0000 the Senate April 9, 2002: To be rear admiral ROBERT J ALLEN, 0000 COMMODITY FUTURES TRADING COMMISSION GARY V ALLISON, 0000 REAR ADM. (LH) CHARLES H. JOHNSTON JR., 0000 OSCAR M ALVAREZ II, 0000 SHARON BROWN-HRUSKA, OF VIRGINIA, TO BE A COM- IN THE MARINE CORPS JOHN F AMERICA, 0000 MISSIONER OF THE COMMODITY FUTURES TRADING COM- LEONARD F ANDERSON IV, 0000 MISSION FOR THE REMAINDER OF THE TERM EXPIRING THE FOLLOWING NAMED SERVICE MEMBER FOR AP- CHARLES M ANDREWS JR., 0000 APRIL 13, 2004, VICE WILLIAM J. RAINER, RESIGNED. POINTMENT TO THE TEMPORARY GRADE INDICATED IN PHILIP G ANTEKEIER, 0000

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JON J ANTONELLI, 0000 JOSEPH M COUREY, 0000 PAUL A GOSDEN, 0000 VINCENT D APPLEWHITE, 0000 PAUL T COURTAWAY JR., 0000 ADRIAN C GOSS, 0000 ERIC M ARBOGAST, 0000 JOHN H COVINGTON JR., 0000 WENDY J GOYETTE, 0000 STEPHEN P ARMES, 0000 KENNETH L CRABTREE, 0000 JEFFREY M GRAHAM, 0000 MITCHELL K ARNZEN, 0000 DARYL G CRANE, 0000 DAVID P GRANT, 0000 KENNETH L ASBRIDGE III, 0000 TIMOTHY S CRONIN, 0000 JERAMY GREEN, 0000 HUGH L ATKINSON, 0000 ALAN F CROUCH, 0000 MICHAEL T GREENO, 0000 JOHN B ATKINSON, 0000 PAUL D CUCINOTTA, 0000 DANIEL Q GREENWOOD, 0000 STEPHEN C AUGUSTIN, 0000 DREW E CUKOR, 0000 JUSTIN T GREINER, 0000 GAMAL F AWAD, 0000 MATTHEW C CULBERTSON, 0000 SEAN M GRENIER, 0000 WILLIAM L BABCOCK JR., 0000 CORY M CUNNINGHAM, 0000 THOMAS C GRESSER II, 0000 TERRY L BAGGETT, 0000 WILLIAM H CUPPLES, 0000 MICHAEL D GRICE, 0000 CHRISTOPHER R BAIRD, 0000 MATTHEW DALKIEWICZ, 0000 DAVID M GRIESMER, 0000 THOMAS P BAJUS II, 0000 KEVIN J DALY, 0000 JOHN C GRISDALE, 0000 WILLIAM G BALESTRERI, 0000 ROGER P DALZIEL, 0000 JOSEPH S GROSS, 0000 RICHARD S BARNES, 0000 CHARLES E DANIEL, 0000 THOMAS A GRUNDHERR, 0000 CRAIG P BARNETT, 0000 ROMIN DASMALCHI, 0000 PATRICK M GUINEE, 0000 JOHN M BARNETT, 0000 BRENT R DAVIS, 0000 CHRISTOPHER R HAASE, 0000 TIMOTHY E BARRICK, 0000 MADELEINE DAVIS, 0000 TERRY D HAGEN, 0000 MICHAEL B BARRY, 0000 MICHAEL A DAVIS, 0000 WILLIAM T HAGEROTT, 0000 ARA E BARTON, 0000 NICHOLAS E DAVIS, 0000 WILLIAM G HALL, 0000 WENDELL BAZEMORE, 0000 YOLANDA DAVIS, 0000 JOSHUA P HALLETT, 0000 GEORGE B BEACH, 0000 SARAH M DEAL, 0000 JON L HALVERSON, 0000 CHRISTOPHER C BEAVERS, 0000 JOHN E DEATON, 0000 PATRICK H HANDLEY, 0000 THOMAS J BEIKIRCH, 0000 MICHAEL E DEHNER, 0000 MARK P HANEY, 0000 GABRIEL BELTRAN, 0000 GARY E DELGADO, 0000 MICHAEL J HARMON, 0000 WILLIAM D BENSCH, 0000 WILLIAM L DEPUE JR., 0000 STUART M HARNESS, 0000 CHARLES T BERRY, 0000 SCOTT T DERKACH, 0000 KEVIN C HARRIS, 0000 JOHN R BINDER III, 0000 PAUL T DEUTSCH, 0000 CHRISTIAN D HARSHBERGER, 0000 CHARLES N BLACK, 0000 CHRISTOPHER P DEVER, 0000 CARLTON W HASLE, 0000 HAYNESLY R BLAKE, 0000 GERT J DEWET, 0000 JOHN W HATALA, 0000 PETER S BLAKE, 0000 JORGE DIAZ, 0000 ROBERT A HAUGHTON, 0000 TIMOTHY H BOETTCHER, 0000 DAVID I DIERSEN, 0000 MARK D HAWKINS, 0000 DAVID H BOHN, 0000 ANDREW L DIETZ, 0000 SEAN D HAYES, 0000 ANTHONY C BOLDEN, 0000 DANIEL J DIMICCO, 0000 WESLEY T HAYES, 0000 RAPHAEL E BONITA, 0000 SEAN R DOBECK, 0000 DANIEL P HEALEY, 0000 STEFAN J BOOTH, 0000 THOMAS J DODDS, 0000 KEVIN M HEARTWELL, 0000 DAVID C BORKOWSKI, 0000 JANET M DOERNING, 0000 RONALD E HEATH, 0000 PARRISH M BOULWARE, 0000 JOHN J DONAHOE, 0000 CHAD T HEDLESTON, 0000 STEVEN R BOWERS, 0000 JONATHAN M DONIGAN, 0000 LEE G HELTON, 0000 ROBERT J BRAATZ, 0000 LANCE S DORMAN, 0000 CARL C HENGER, 0000 ROBERT G BRACKNELL, 0000 DARRYL W DOTSON, 0000 BRENT S HEPPNER, 0000 RICHARD T BRADY, 0000 CRAIG R DOTY, 0000 RAPHAEL HERNANDEZ, 0000 DAVID R BRAMAN, 0000 PETER M DOUGHTY, 0000 JOHN B HICKS, 0000 JULIE B BRANDEL, 0000 ROBERT D DOZIER, 0000 KARL E HILL, 0000 ROLLIN D BREWSTER III, 0000 ANDREW J DRAKE, 0000 JOHN G HINSON, 0000 PAUL B BRICKLEY, 0000 JOHN G DUCOTE, 0000 DANIEL P HINTON, 0000 BRUCE L BRIDGEWATER, 0000 KEVIN C DUGAN, 0000 PATRICK R HITTLE, 0000 SCOTT A BRINK, 0000 STEVEN E DUKE, 0000 MICHAEL O HIXSON, 0000 VAN P BRINSON III, 0000 FRANKLIN C DUNN, 0000 MICHAEL R HODSON, 0000 SCOTT E BROBERG, 0000 BRIAN M DWYER, 0000 TIMOTHY H HOGAN, 0000 HENRY D BROWN, 0000 KURT G EBAUGH, 0000 MITCHELL L HOINES, 0000 PETER J BROWN, 0000 CURTIS V EBITZ JR., 0000 JOHN G HOLBROOK, 0000 RALPH E BRUBAKER JR., 0000 BRIAN W ECARIUS, 0000 SEANAN R HOLLAND, 0000 ROBERT J BRUDER, 0000 BEN T EDWARDS JR., 0000 PIERRE G HOLLIS, 0000 DOUGLAS J BRUNE, 0000 HAROLD B EGGERS, 0000 RENEE A HOLMES, 0000 MICHAEL R BRUNNSCHWEILER, 0000 JAY M EGLOFF, 0000 EVAN N HOLT, 0000 TIMOTHY R BRYANT, 0000 BRIAN D EHRLICH, 0000 JEFFREY C HOLT, 0000 ANDREW S BURCHFIELD, 0000 JEFFREY A EICHHOLZ, 0000 WILLIAM W HOOPER, 0000 KENNETH A BURGER, 0000 CHRISTIAN T ELLINGER, 0000 PATRICK S HOULAHAN, 0000 WILLIAM S BURGER, 0000 JAMES B ELLIS, 0000 JAMES E HOWARD, 0000 ROBERT A BURGIN, 0000 KYLE B ELLISON, 0000 COLT J HUBBELL, 0000 HAROLD E BURKE, 0000 DOUGLAS J ENGEL, 0000 MIKEL R HUBER, 0000 JOHN P BURTON, 0000 DAREN J ERICKSON, 0000 LAWRENCE E HUGGINS JR., 0000 ALBERT J BUSENBARK, 0000 JEFFREY R ERTWINE, 0000 BRIAN G HUGHES, 0000 GEORGE CADWALADER JR., 0000 ANTHONY C FABIANO, 0000 THOMAS P HUMANN, 0000 TODD R CALHOUN, 0000 IAN M FACEY SR, 0000 NATHAN E HUNTINGTON, 0000 JEFFREY R CALLAGHAN, 0000 PETER C FAERBER, 0000 MICHAEL J IRONS, 0000 SHAWN P CALLAHAN, 0000 THOMAS M FAHY JR., 0000 CHRISTOPHER B JACKSON, 0000 MICHAEL J CALLANAN, 0000 JAMES P FALLON, 0000 JEFFREY J JACKSON, 0000 DANIEL T CANFIELD JR., 0000 RONALD M FARRIS JR., 0000 THOMAS C JARMAN, 0000 JUDE F CAREY JR., 0000 CHRISTOPHER M FEARS, 0000 DAVID K JARVIS, 0000 CURTIS W CARLIN, 0000 FREDERICK G FERARES, 0000 JEFFREY R JOHNSON, 0000 GLEN M CARLSON, 0000 GREG A FEROLDI, 0000 KARL E JOHNSON, 0000 JAMES C CARROLL III, 0000 TODD W FERRY, 0000 JASON A JOHNSTON, 0000 JOHN D CARROLL, 0000 TIMOTHY J FETSCH, 0000 CHARLES E JONES JR., 0000 MATTHEW J CARROLL, 0000 CHRISTOPHER A FEYEDELEM, 0000 DAVID E JONES, 0000 JOHN F CARSON JR., 0000 JOHN M FIELD, 0000 BRIAN P KALK, 0000 MICHAEL T CARSON, 0000 DANNY R FIELDS, 0000 MICHAEL T KAMINSKI, 0000 RONNIE A CARSON JR., 0000 ANDREW T FITZPATRICK, 0000 KENNETH D KARIKA, 0000 JENNIFER E CARTER, 0000 BRIAN G FITZPATRICK, 0000 JEFFREY S KAWADA, 0000 MELVIN G CARTER, 0000 ERIC C FLEMING, 0000 DANIEL R KAZMIER, 0000 JOSEMARTIN K CASADO, 0000 ANDREW J FLOYD, 0000 PATRICK J KEANE III, 0000 ERIC R CASEY, 0000 VINCENT H FONTENOT JR., 0000 AARON P KEENAN, 0000 MICHAEL J CASTAGNA, 0000 KEITH A FORKIN, 0000 HUNTER R KELLOGG, 0000 STEPHEN L CASTORA, 0000 MATTHEW J FOWLER, 0000 HOLLIE D KELLY, 0000 MICHAEL V CAVA, 0000 WESLEY A FRASARD JR., 0000 MATTHEW G KELLY, 0000 MATTHEW G CHALKLEY, 0000 ERIK G FRECHETTE, 0000 THOMAS E KERLEY, 0000 BENJAMIN D CHAPMAN, 0000 THOMAS J FREEL, 0000 MILLER J KERR, 0000 CLINTON J CHLEBOWSKI, 0000 ROBERT A FREELAND, 0000 ASLAM G KHAN, 0000 BRIAN S CHRISTMAS, 0000 LLOYD D FREEMAN, 0000 KYLE T KIMBALL, 0000 ROBERT M CLARK, 0000 JAMES W FREY, 0000 ROBERT L KIMBRELL II, 0000 TROY L CLARK, 0000 KEITH A FRY, 0000 PATRICK S KIRCHNER, 0000 WILLIAM P CLARK, 0000 BRYON J FUGATE, 0000 SCOTT J KISH, 0000 GREGORY J CLARKE, 0000 ALEX K FULFORD, 0000 CHRISTOPHER L KOELZER, 0000 TIMOTHY L CLARKE, 0000 ROBERT C FULFORD, 0000 WILLIAM S KOHMUENCH, 0000 JOSEPH R CLEARFIELD, 0000 DARYL M FULLER, 0000 FRANKLIN P KOLBE, 0000 SCOTT B CLIFTON, 0000 JAMES H FULLER, 0000 STEVEN J KOTANSKY, 0000 ERIN D COADY, 0000 MARK R FULLER, 0000 BRYAN K KRAMER, 0000 ERIK E COBHAM, 0000 JAMES R FULLWOOD JR., 0000 ADAM R KUBICKI, 0000 DOUGLAS L CODY, 0000 THOMAS M GAINOR, 0000 DOUGLAS V KUHN, 0000 JEFFREY L COKER, 0000 CHRISTOPHER J GALFANO, 0000 WALTER W KULAKOWSKI, 0000 KEITH A COLEMAN, 0000 EDWARD A GARLAND, 0000 ALEXANDER J KUZMA, 0000 LAWRENCE C COLEMAN, 0000 DANIEL W GEISENHOF, 0000 SCOTT S LACY, 0000 WAYNE E COLLINS, 0000 JASON S GERIN, 0000 JOHN P LAGANA JR., 0000 CHRISTOPHER J CONNELLY, 0000 WILLIAM W GERST JR., 0000 TROY D LANDRY, 0000 FRANK P CONWAY, 0000 STEPHEN P GHOLSON, 0000 EDWARD T LANG, 0000 DAVID S COOK, 0000 ROBERT R GICK, 0000 DARYL J LANINGA, 0000 SAMUEL C COOK, 0000 JOSEPH C GIGLIOTTI, 0000 STUART C LANKFORD, 0000 CARL E COOPER JR., 0000 ERIC M GILLARD, 0000 WILLIAM F LAPRATT, 0000 MATTHEW D COOPER, 0000 DEREK E GILLETTE, 0000 ERIC R LARSON, 0000 ROBERT D COOPER, 0000 ERIC A GILLIS, 0000 TERRENCE H LATORRE, 0000 SCOTT A COOPER, 0000 WILLIAM E GLASER IV, 0000 FRANK N LATT, 0000 DAVID M COOPERMAN, 0000 DOUGLAS V GLASGOW, 0000 BRUCE W LAUGHLIN, 0000 JAMES R COPPERSMITH, 0000 TIMOTHY C GOLDEN, 0000 PATRICK T LAVIGNE, 0000 ERIC M CORCORAN, 0000 HENRY L GONZALES, 0000 GARY P LEE, 0000 MARC D COSTAIN, 0000 DANIEL F GOODWIN, 0000 WALTER S LEE JR., 0000

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RAYMOND H LEGALL, 0000 KEITH E OWENS, 0000 WILLIAM M SLOAN, 0000 MICHAEL T LEGENS JR., 0000 PATRICK R OWENS, 0000 MARK E SLUSHER, 0000 JASON D LEIGHTON, 0000 LOUIS J PALAZZO, 0000 DAVID W SMITH, 0000 WENDELL B LEIMBACH JR., 0000 SEAN D PARKER, 0000 DUNCAN D SMITH JR., 0000 MARK J LENNERTON, 0000 TERRY L PATTERSON, 0000 MARCUS C SMITH, 0000 MICHAEL D LEPSON, 0000 CHRISTOPHER D PATTON, 0000 MARK D SMITH, 0000 REGINALD LEWIS, 0000 JEFFERY S PAULL, 0000 SAMUEL H SMITH, 0000 RODNEY L LEWIS, 0000 CLARKE A PAULUS, 0000 MICHAEL J SOBKOWSKI JR., 0000 RAUL LIANEZ, 0000 GEORGE L PAVEY, 0000 ALAN W SOLTER, 0000 MARK D LIGHT, 0000 JOHN S PAYNE II, 0000 JOHN H SORENSON, 0000 ROBERT S LIST, 0000 SCOTT A PAYNE, 0000 DAVID B SOSA, 0000 MARK A LISTER, 0000 SCOTT B PEARSON, 0000 KURT J SPACKMAN, 0000 ERIC S LIVINGSTON, 0000 THOMAS A PECINA, 0000 ANTHONY M SPARAGNO JR., 0000 ERIK A LLUFRIO, 0000 ERIC A PECK, 0000 PHILLIP E STACKHOUSE, 0000 CURTIS T LOBERGER, 0000 JACQUES T PELLETIER, 0000 SEAN R STALLARD, 0000 DANIEL C LOGAN, 0000 DANIEL K PENCE, 0000 ROBERT T STANFORD, 0000 JOSEPH A LORE, 0000 TODD E PERRY, 0000 JAMES L STANLEY, 0000 MELVIN L LOVE, 0000 JOHN PERSANO III, 0000 MARK J STANTON, 0000 MICHAEL W LOWES, 0000 PHILLIP E PETERS II, 0000 MICHAEL C STARLING, 0000 JOHN M LOZANO, 0000 RICHARD E PETERSEN, 0000 MICHAEL J STEELE, 0000 DAVID W LUCAS, 0000 DAVID S PETERSON, 0000 JEFFREY A STIVERS, 0000 JOSEPH A LUCIA III, 0000 JOHN D PETERSON, 0000 JAMES B STONE IV, 0000 RICHARD J LUCIER, 0000 RONALD J PETERSON, 0000 DAVID E STRAUB, 0000 JOSHUA L LUCK, 0000 ANDREW J PETRUCCI, 0000 BRIAN L STROBEL, 0000 HENRY W LUTZ III, 0000 DAVID H PETTERSSON, 0000 SCOTT P SUCKOW, 0000 JOHN J LUZAR, 0000 CHRISTOPHER L PHELPS, 0000 MICHAEL J SUTHERLAND, 0000 WILLIAM R LYNCH, 0000 LLOYD G PHILLIPS JR., 0000 TRAVIS L SUTTON, 0000 JOSEPH F LYONS, 0000 MICHAEL A PHILLIPS, 0000 CHAD D SWAN, 0000 JOHN F MACEIRA, 0000 RAYMOND J PLACIENTE, 0000 SHAWN M SWIER, 0000 JASON R MADDOCKS, 0000 DARRELL W PLATZ, 0000 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VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 9801 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 9, 2002 CONGRESSIONAL RECORD — SENATE S2423 GREGORY T WRIGHT, 0000 To be captain THE FOLLOWING NAMED OFFICERS FOR TEMPORARY TROY V WRIGHT, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JOSEPH A WRONKOWSKI, 0000 BRUCE R. CHRISTEN, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION WILLIAM WROTEN JR., 0000 5721: JAY D WYLIE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL L YAROSLASKI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander UNDER TITLE 10, U.S.C., SECTION 624: DAVID J YOST, 0000 PROBERT E BEBERMEYER, 0000 DEVIN C YOUNG, 0000 THOMAS A BUSHAW, 0000 PAUL F ZADROZNY JR., 0000 To be commander JOSHUA B ELKINS, 0000 SIDNEY G ZELLER, 0000 COLE J. KUPEC, 0000 JORGE R FLORES, 0000 PHILLIP M ZEMAN, 0000 RANDALL R HARRIS, 0000 ANTHONY M ZENDER, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- TIMOTHY I MIKLUS, 0000 JAY K ZOLLMANN, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED ANDREW T MILLER, 0000 IN THE NAVY STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: JOHN J MOLINARI, 0000 JAMES L MUNIZ, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be commander THOMAS J PETRUCCI JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER D ARDON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. LAMAR, 0000 BENJAMIN A SHUPP, 0000

VerDate Mar 15 2010 20:23 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 9801 E:\2002SENATE\S09AP2.REC S09AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY