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

Vol. 147 WASHINGTON, MONDAY, JULY 16, 2001 No. 98 House of Representatives The House met at 2 p.m. and was THE JOURNAL ANNOUNCEMENT OF OFFICIAL OB- called to order by the Speaker pro tem- JECTORS FOR THE PRIVATE pore (Mr. MILLER of Florida). The SPEAKER pro tempore. The CALENDAR FOR THE 107TH CON- Chair has examined the Journal of the f GRESS last day’s proceedings and announces The SPEAKER pro tempore. On be- DESIGNATION OF THE SPEAKER to the House his approval thereof. PRO TEMPORE half of the majority and minority lead- Pursuant to clause 1, rule 1, the Jour- erships, the Chair announces that the The SPEAKER pro tempore laid be- nal stands approved. official objectors for the Private Cal- fore the House the following commu- endar for the 107th Congress are as fol- nication from the Speaker: f lows: WASHINGTON, DC, For the majority: July 16, 2001. PLEDGE OF ALLEGIANCE Mr. COBLE, North Carolina; I hereby appoint the Honorable DAN MIL- Mr. BARR, Georgia; LER to act as Speaker pro tempore on this The SPEAKER pro tempore led the Mr. CHABOT, Ohio. day. Pledge of Allegiance as follows: For the minority: J. DENNIS HASTERT, Mr. BOUCHER, Virginia; Speaker of the House of Representatives. I pledge allegiance to the Flag of the Ms. DELAURO, Connecticut. f United States of America, and to the Repub- f lic for which it stands, one nation under God, PRAYER indivisible, with liberty and justice for all. RECESS The Chaplain, the Reverend Daniel P. The SPEAKER pro tempore. Pursu- Coughlin, offered the following prayer: f ant to clause 12, rule I, the House will Praise the Lord, as servants of the stand in recess subject to the call of Lord, let us praise the name of the MESSAGE FROM THE SENATE the Chair. Lord together. Accordingly (at 2 o’clock and 5 min- From the rising of the Sun in the A message from the Senate by Mr. utes p.m.) the House stood in recess east to its setting in the west may Monahan, one of its clerks, announced subject to the call of the Chair. praise of the Lord for blessings be that the Senate has passed with an f heard from coast to coast. Our God, amendment in which the concurrence b 1906 who is above all the nations of the of the House is requested, a bill of the Earth does not overlook the most House of the following title: AFTER RECESS lowly or the most unfortunate in this H.R. 2217. An act making appropriations The recess having expired, the House world. was called to order by the Speaker pro The Lord’s greatness does not dis- for the Department of the Interior and re- lated agencies for the fiscal year ending Sep- tempore (Mr. GOSS) at 7 o’clock and 6 tance the Lord from His people. Our tember 30, 2002, and for other purposes. minutes p.m. God is to be found always in their f midst. The message also announced that the None is like the Lord in love and con- Senate insists upon its amendment to REPORT ON RESOLUTION PRO- cern. That is why the Lord is the model the bill (H.R. 2217) ‘‘An Act making ap- VIDING FOR CONSIDERATION OF and the guide of the Members of this propriations for the Department of the H.R. 2500, DEPARTMENTS OF House and all public servants every- Interior and related agencies for the COMMERCE, JUSTICE, AND where. fiscal year ending September 30, 2002, STATE, THE JUDICIARY, AND RE- The Lord lifts up the weak to con- and for other purposes’’ requests a con- LATED AGENCIES APPROPRIA- front the proud-hearted and raises the ference with the House on the dis- TIONS ACT, 2002 poor to equal status with the powerful. agreeing votes of the two Houses there- Mr. LINDER, from the Committee on The Lord is mindful always that par- on, and appoints Mr. BYRD, Mr. LEAHY, Rules, submitted a privileged report ents are the most powerful on Earth Mr. HOLLINGS, Mr. REID, Mr. DORGAN, (Rept. No. 107–141) on the resolution (H. over their children, yet all are one in Mrs. FEINSTEIN, Mrs. MURRAY, Mr. Res. 192) providing for consideration of His sight. INOUYE, Mr. BURNS, Mr. STEVENS, Mr. the bill (H.R. 2500) making appropria- For all the great deeds of mercy, let COCHRAN, Mr. DOMENICI, Mr. BENNETT, tions for the Departments of Com- us praise the name of the Lord now and Mr. GREGG, and Mr. CAMPBELL to be merce, Justice, and State, the Judici- forever. Amen. the conferees on the part of the Senate. ary, and related agencies for the fiscal

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 11-MAY-2000 01:39 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.000 pfrm04 PsN: H16PT1 H4012 CONGRESSIONAL RECORD — HOUSE July 16, 2001 year ending September 30, 2002, which Galveston Volatile Organic Compound Rea- 1—233(c)(1); to the Committee on Govern- was referred to the House Calendar and sonably Available Control Technology Revi- ment Reform. ordered to be printed prior to the filing sion [TX–133–1–7493a; FRL–7011–6] received 2913. A letter from the Chairman, Council of the District of Columbia, transmitting a of the rule. The clerk will report the July 10, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and copy of D.C. ACT 14–87, ‘‘Ward Redistricting title. Commerce. Amendment Act of 2001’’ received July 13, f 2902. A letter from the Principal Deputy 2001, pursuant to D.C. Code section 1– Associate Administrator, Environmental 233(c)(1); to the Committee on Government ADJOURNMENT Protection Agency, transmitting the Agen- Reform. cy’s final rule—National Emission Standards 2914. A letter from the Auditor, District of Mr. LINDER. Mr. Speaker, I move Columbia, transmitting a report entitled, that the House do now adjourn. for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, ‘‘Comparative Analysis of Actual Cash Col- The motion was agreed to; accord- Soda, Sulfite, and Stand-Alone lections to Revenue Estimates for the 2nd ingly (at 7 o’clock and 7 minutes p.m.), Semichemical Pulp Mills [AD-FRL–6997–8] Quarter of Fiscal Year 2001’’; to the Com- under its previous order, the House ad- (RIN: 2060–AI34) received July 10, 2001, pursu- mittee on Government Reform. journed until tomorrow, July 17, 2001, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2915. A letter from the Director, Office of at 9 a.m., for morning hour debates. on Energy and Commerce. Personnel Policy, Department of the Inte- 2903. A letter from the Clerk, United States rior, transmitting a report pursuant to the f Court of Appeals, transmitting an opinion of Federal Vacancies Reform Act of 1998; to the the court; to the Committee on Energy and Committee on Government Reform. EXECUTIVE COMMUNICATIONS, 2916. A letter from the Clerk, United States ETC. Commerce. 2904. A communication from the President Court of Appeals, transmitting an opinion of Under clause 8 of rule XII, executive of the United States, transmitting notifica- the court; to the Committee on Resources. 2917. A letter from the Director, National tion that the national emergency declared communications were taken from the Legislative Commission, The American Le- with respect to the Taliban, is to continue in Speaker’s table and referred as follows: gion, transmitting a copy of the Legion’s fi- effect beyond July 4, 2001, pursuant to 50 2894. A letter from the Deputy Secretary of nancial statements as of December 31, 2000, U.S.C. 1622(d); (H. Doc. No. 107–99); to the Defense, Department of Defense, transmit- pursuant to 36 U.S.C. 1101(4) and 1103; to the Committee on International Relations and ting the Department’s Assessment of Fiscal Committee on the Judiciary. ordered to be printed. Year 1998 Sexual Harassment Complaints and 2918. A letter from the Secretary, Depart- 2905. A communication from the President Sexual Misconduct; to the Committee on ment of Transportation, transmitting the of the United States, transmitting a 6-month Armed Services. Department’s annual report entitled, ‘‘Re- periodic report on the national emergency 2895. A letter from the Chief, Division of port to Congress on Transportation Secu- with respect to the Taliban in Afghanistan General and International Law, Department rity’’ for Calendar Year 1999, pursuant to that was declared in Executive Order 13129 of of Transportation, transmitting the Depart- Public Law 101–604, section 102(a) (104 Stat. July 4, 1999, pursuant to 50 U.S.C. 1703(c); (H. ment’s final rule—Service Obligation Re- 3068); to the Committee on Transportation Doc. No. 107–100); to the Committee on Inter- porting Requirements for United States Mer- and Infrastructure. national Relations and ordered to be printed. 2919. A letter from the Program Analyst, chant Marine Academy and State Maritime 2906. A communication from the President School Graduates [Docket No. MARAD–2000- FAA, Department of Transportation, trans- of the United States, transmitting a 6-month mitting the Department’s final rule—Air- xxxx] received July 9, 2001, pursuant to 5 periodic report on the national emergency U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Empresa Brasileira de with respect to Libya that was declared in Aeronautica S.A. (EMBRAER) Model EMB– Armed Services. Executive Order 12543 of January 7, 1986, pur- 2896. A communication from the President 120 Series Airplanes [Docket No. 2001–NM– suant to 50 U.S.C. 1641(c); (H. Doc. No. 107– 190–AD; Amendment 39–12295; AD 2001–13–14] of the United States, transmitting a report 101); to the Committee on International Re- on United States military personnel and (RIN: 2120–AA64) received July 9, 2001, pursu- lations and ordered to be printed. ant to 5 U.S.C. 801(a)(1)(A); to the Committee United States civilians retained as contrac- 2907. A letter from the Deputy Director, tors in Colombia in support of Plan Colom- on Transportation and Infrastructure. Defense Security Cooperation Agency, trans- 2920. A letter from the Program Analyst, bia; to the Committee on Armed Services. mitting the Department of the Navy’s pro- FAA, Department of Transportation, trans- 2897. A letter from the Assistant Attorney posed lease of defense articles to Turkey mitting the Department’s final rule—Air- General, Office of Legislative Affairs, De- (Transmittal No. 07–01), pursuant to 22 U.S.C. worthiness Directives; Empresa Brasileira de partment of Justice, transmitting the an- 2796a(a); to the Committee on International Aeronautica S.A. (EMBRAER) Model EMB– nual report of the Office of Juvenile Justice Relations. 135 and EMB–145 Series Airplanes [Docket and Delinquency Prevention for Fiscal Year 2908. A letter from the Director, Defense No. 2000–NM–319–AD; Amendment 39–12268; 2000, pursuant to 42 U.S.C. 5617; to the Com- Security Cooperation Agency, transmitting AD 2001–12–13] (RIN: 2120–AA64) received July mittee on Education and the Workforce. notification concerning the Department of 9, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 2898. A letter from the Principal Deputy the Army’s Proposed Letter(s) of Offer and the Committee on Transportation and Infra- Associate Administrator, Environmental Acceptance (LOA) to Singapore for defense structure. Protection Agency, transmitting the Agen- articles and services (Transmittal No. 01–21), 2921. A letter from the Program Analyst, cy’s final rule—Approval and Promulgation pursuant to 22 U.S.C. 2776(b); to the Com- FAA, Department of Transportation, trans- of Implementation Plans: Alabama: Nitrogen mittee on International Relations. mitting the Department’s final rule—Air- Oxides Budget and Allowance Trading Pro- 2909. A letter from the Director, Defense worthiness Directives; Boeing Model 737–300, gram [AL–057–200116; FRL–7012–1] received Security Cooperation Agency, transmitting 737–400, 737–500, 737–600, 737–700, 737–800, 757– July 10, 2001, pursuant to 5 U.S.C. notification concerning the Department of 200, 757–200PF, 757–200CB, and 757–300 Series 801(a)(1)(A); to the Committee on Energy and the Army’s Proposed Letter(s) of Offer and Airplanes [Docket No. 2000–NM–308–AD; Commerce. Acceptance (LOA) to Turkey for defense arti- Amendment 39–12287; AD 2001–13–07] (RIN: 2899. A letter from the Principal Deputy cles and services (Transmittal No. 01–13), 2120–AA64) received July 9, 2001, pursuant to Associate Administrator, Environmental pursuant to 22 U.S.C. 2776(b); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on Protection Agency, transmitting the Agen- mittee on International Relations. Transportation and Infrastructure. cy’s final rule—Regulation of Fuel and Fuel 2910. A letter from the Assistant Secretary 2922. A letter from the Program Analyst, Additives: Reformulated Gasoline Adjust- for Legislative Affairs, Department of State, FAA, Department of Transportation, trans- ment [FRL–7011–2] (RIN: 2060–AI98) received transmitting certification of a proposed mitting the Department’s final rule—Air- July 10, 2001, pursuant to 5 U.S.C. Technical Assistance Agreement with worthiness Directives; Boeing Model 747–100, 801(a)(1)(A); to the Committee on Energy and France [Transmittal No. DTC 071–01], pursu- –200, –300, and 747SP Series Airplanes [Dock- Commerce. ant to 22 U.S.C. 2776(c); to the Committee on et No. 2000–NM–250–AD; Amendment 39–12286; 2900. A letter from the Principal Deputy International Relations. AD 2001–13–06] (RIN: 2120–AA64) received July Associate Administrator, Environmental 2911. A letter from the Chairman, Council 9, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- of the District of Columbia, transmitting a the Committee on Transportation and Infra- cy’s final rule—Approval and Promulgation copy of D.C. ACT 14–78, ‘‘New York Avenue structure. of Implementation Plan for Texas: Transpor- Metro Special Assessment Authorization 2923. A communication from the President tation Control Measures Rule [TX–57–1–7183a; Temporary Act of 2001’’ received July 13, of the United States, transmitting notifica- FRL–7010–9] received July 10, 2001, pursuant 2001, pursuant to D.C. Code section 1– tion concerning a waiver of Jackson-Vanik to 5 U.S.C. 801(a)(1)(A); to the Committee on 233(c)(1); to the Committee on Government Amendment for the Republic of Belarus, pur- Energy and Commerce. Reform. suant to 19 U.S.C. 2432(c) and (d); (H. Doc. No. 2901. A letter from the Principal Deputy 2912. A letter from the Chairman, Council 107–97); to the Committee on Ways and Associate Administrator, Environmental of the District of Columbia, transmitting a Means and ordered to be printed. Protection Agency, transmitting the Agen- copy of D.C. ACT 14–79, ‘‘Consecutive Term 2924. A communication from the President cy’s final rule—Approval and Promulgation Limitation Amendment Act of 2001’’ received of the United States, transmitting an up- of Implementation Plans; Texas; Houston/ July 13, 2001, pursuant to D.C. Code section dated report concerning the emigration laws

VerDate 11-MAY-2000 01:39 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.013 pfrm04 PsN: H16PT1 July 16, 2001 CONGRESSIONAL RECORD — HOUSE H4013 and policies of Armenia, Azerbaijan, PUBLIC BILLS AND RESOLUTIONS HOEFFEL, Mr. WU, Mr. GILMAN, Mrs. Kazakhstan, Moldova, the Russian Federa- Under clause 2 of rule XII, public CAPPS, Mrs. MCCARTHY of New York, tion, Tajikistan, Turkmenistan, Ukraine and Mr. HOLDEN, Mr. DOYLE, Mr. STRICK- Uzbekistan, pursuant to 19 U.S.C. 2432(b); (H. bills and resolutions of the following LAND, Mr. ETHERIDGE, Mr. MCNULTY, Doc. No. 107–98); to the Committee on Ways titles were introduced and severally re- Mr. WAXMAN, Mr. GREEN of Texas, and Means and ordered to be printed. ferred, as follows: Mr. KING, Mr. WAMP, Mr. WYNN, Mr. f [Omitted from the Record of July 12, 2001] LARGENT, Mr. MALONEY of Con- By Mr. SKELTON (for himself, Mr. necticut, Mr. CAPUANO, Mr. FROST, REPORTS OF COMMITTEES ON BRADY of Pennsylvania, Mr. MCIN- Ms. KAPTUR, Mr. PASCRELL, Mr. LU- PUBLIC BILLS AND RESOLUTIONS TYRE, Mr. UNDERWOOD, Mr. LANGEVIN, THER, Mr. GREENWOOD, Mr. Under clause 2 of rule XIII, reports of Mr. REYES, Mr. ANDREWS, Mr. AN- DELAHUNT, Mr. SMITH of Washington, committees were delivered to the Clerk DREWS, Mr. TURNER, Mr. EVANS, Mr. Mr. CROWLEY, Mr. FARR of California, TAYLOR of Mississippi, Mr. ORTIZ, Mr. Mr. MCINTYRE, Mr. HOYER, Mr. for printing and reference to the proper RAMSTAD, Mr. QUINN, Mrs. calendar, as follows: SNYDER, Mrs. TAUSCHER, Mr. SMITH of Washington, Mr. ABERCROMBIE, and NAPOLITANO, Mr. BRADY of Pennsyl- [Pursuant to the order of the House on July 12, Mr. MALONEY of Connecticut): vania, Mr. ANDREWS, Mrs. TAUSCHER, 2001 the following report was filed on July 13, H.R. 2494. A bill to provide an additional 2.3 Ms. JACKSON-LEE of Texas, Mr. 2001] percent increase in the rates of military BROWN of Ohio, Mr. SUNUNU, Mr. KAN- Mr. WOLF: Committee on Appropriations. basic pay for members of the uniformed serv- JORSKI, Mr. DEUTSCH, Mr. BARRETT, H.R. 2500. A bill making appropriations for ices above the pay increase proposed by the Mr. BALDACCI, Mr. PETRI, Mr. FILNER, the Departments of Commerce, Justice, and Department of Defense so as to ensure at Mr. BOEHLERT, Ms. ESHOO, Mr. HORN, State, the Judiciary, and related agencies for least a minimum pay increase of 7.3 percent Mr. OWENS, Mr. BONIOR, Mr. OXLEY, the fiscal year ending September 30, 2002, and for each member; to the Committee on Mr. COSTELLO, Ms. SOLIS, Mr. GON- for other purposes (Rept. 107–139). Referred Armed Services. ZALEZ, Mr. LANTOS, Mr. TERRY, Mr. to the Committee of the Whole House on the [Submitted July 16, 2001] ROTHMAN, Ms. CARSON of Indiana, and State of the Union. By Mr. YOUNG of Alaska (for himself, Ms. ROYBAL-ALLARD): H. Res. 193. A resolution requesting that [Submitted July 16, 2001] Mr. OBERSTAR, Mr. LATOURETTE, and the President focus appropriate attention on Mr. THOMAS: Committee on Ways and Mr. COSTELLO): H.R. 2501. A bill to reauthorize the Appa- the issues of neighborhood crime prevention, Means. H.R. 1954. A bill to extend the au- community policing, and reduction of school thorities of the Iran and Libya Sanctions lachian Regional Development Act of 1965; to the Committee on Transportation and Infra- crime by delivering speeches, convening Act of 1996 until 2006; with amendments meetings, and directing his Administration structure. (Rept. 107–107 Pt. 2). Referred to the Com- to make reducing crime an important pri- By Mr. HORN (for himself, Mr. WAT- mittee of the Whole House on the State of ority, and for other purposes; to the Com- KINS, Mr. PETERSON of Pennsylvania, the Union. mittee on the Judiciary. Mr. THOMAS: Committee on Ways and Mr. WATTS of Oklahoma, Mr. DOO- By Mr. WYNN (for himself, Ms. JACK- Means. H.R. 7. A bill to provide incentives LITTLE, Mr. DOOLEY of California, Mr. SON-LEE of Texas, Mr. LEWIS of Geor- for charitable contributions by individuals INSLEE, Mr. DICKS, Mr. MCINNIS, and gia, Ms. EDDIE BERNICE JOHNSON of and businesses, to improve the effectiveness Mr. ENGLISH): Texas, Mr. TOWNS, Mr. CAPUANO, Mr. and efficiency of government program deliv- H.R. 2502. A bill to amend the Internal Rev- CLAY, Ms. WATERS, Mr. THOMPSON of ery to individuals and families in need, and enue Code of 1986 to assist small business re- Mississippi, Mr. MEEKS of New York, to enhance the ability of low-income Ameri- finers in complying with Environmental Pro- Ms. MCKINNEY, Mr. FILNER, and Mr. cans to gain financial security by building tection Agency sulfur regulations; to the Committee on Ways and Means. KUCINICH): assets; with an amendment (Rept. 107–138 Pt. H. Res. 194. A resolution concerning the es- By Ms. NORTON: 2). Referred to the Committee of the Whole tablishment of a permanent United Nations House on the State of the Union. H.R. 2503. A bill to provide for nuclear dis- armament and economic conversion in ac- security force; to the Committee on Inter- Mr. HANSEN: Committee on Resources. national Relations. H.R. 617. A bill to express the policy of the cordance with District of Columbia Initia- United States regarding the United States’ tive Measure Number 37 of 1992; to the Com- f relationship with Native Hawaiians, to pro- mittee on Armed Services, and in addition to MEMORIALS the Committee on International Relations, vide a process for the reorganization of a Na- Under clause 3 of rule XII, memorials tive Hawaiian government and the recogni- for a period to be subsequently determined tion by the United States of the Native Ha- by the Speaker, in each case for consider- were presented and referred as follows: waiian government, and for other purposes; ation of such provisions as fall within the ju- 148. The SPEAKER presented a memorial with an amendment (Rept. 107–140). Referred risdiction of the committee concerned. of the General Assembly of the State of to the Committee of the Whole House on the By Mr. ROHRABACHER (for himself, Vermont, relative to Joint Senate Resolu- State of the Union. Ms. HARMAN, and Mr. CALVERT): tion No. 157 memorializing the United States Mr. LINDER: Committee on Rules. House H.R. 2504. A bill to amend the Internal Rev- Congress to increase federal special edu- Resolution 192. Resolution providing for con- enue Code of 1986 to provide tax incentives cation funding immediately to 40 percent, sideration of the bill (H.R. 2500) making ap- for investing in companies involved in space- the level to which Congress previously com- related activities; to the Committee on Ways propriations for the Departments of Com- mitted the federal government; to the Com- and Means. merce, Justice, and State, the Judiciary, and mittee on Education and the Workforce. By Mr. WELDON of Florida (for him- related agencies for the fiscal year ending 149. Also, a memorial of the House of Rep- self, Mr. STUPAK, Mr. KERNS, and Mr. September 30, 2002, and for other purposes resentatives of the State of Louisiana, rel- KUCINICH): (Rept. 107–141). Referred to the House Cal- ative to House Resolution No. 128 memori- H.R. 2505. A bill to amend title 18, United endar. alizing the United States Congress and the States Code, to prohibit human cloning; to President to institute and enforce legislation DISCHARGE OF COMMITTEE the Committee on the Judiciary. and diplomatic action toward the eradi- Pursuant to clause 2 of rule XII the By Mr. AKIN (for himself, Mr. cation of child slavery internationally; to Committees on Financial Services and BLAGOJEVICH, Mr. DIAZ-BALART, Mr. the Committee on International Relations. Government Reform discharged from GONZALEZ, Mr. KUCINICH, Mrs. LOWEY, 150. Also, a memorial of the House of Rep- further consideration. H.R. 1954 re- Mrs. MEEK of Florida, Mr. NADLER, resentatives of the State of Michigan, rel- ferred to the Committee of the Whole Ms. ROS-LEHTINEN, and Ms. ROYBAL- ative to House Resolution No. 116 memori- ALLARD): House on the State of the Union and alizing the United States Congress to enact H. Con. Res. 185. Concurrent resolution ex- the Detroit River International Wildlife Ref- ordered to be printed. pressing deep regret for the refusal of the uge Establishment Act; to the Committee on f United States to provide political asylum to Resources. the Jewish refugees aboard the S.S. ST. 151. Also, a memorial of the House of Rep- TIME LIMITATION OF REFERRED LOUIS in May and June of 1939; to the Com- resentatives of the State of Louisiana, rel- BILL mittee on the Judiciary. ative to House Resolution No. 149 memori- Pursuant to clause 2 of rule XII the By Ms. KAPTUR: alizing the United States Congress to direct following action was taken by the H. Con. Res. 186. Concurrent resolution ex- the Mineral Management Service to develop pressing the sense of Congress regarding the Speaker: a plan for impact mitigation relative to the establishment of a Parents Week to recog- OSC oil and gas lease sales in the Gulf of [The following action occurred on July 13, 2001] nize and support parents who actively par- Mexico; to the Committee on Resources. H.R. 1954. Referral to the Committees on ticipate in the lives of their children; to the 152. Also, a memorial of the House of Rep- Financial Services, Ways and Means, and Committee on Government Reform. resentatives of the State of Louisiana, rel- Government Reform extended for a period By Mr. STUPAK (for himself, Mr. ative to House Resolution No. 114 memori- ending not later than July 16, 2001. WELDON of Pennsylvania, Mr. alizing the United States Congress to express

VerDate 11-MAY-2000 01:39 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\L16JY7.000 pfrm04 PsN: H16PT1 H4014 CONGRESSIONAL RECORD — HOUSE July 16, 2001

its desire to the National Marine Fisheries BLAGOJEVICH, Mr. CONYERS, and Ms. WOOL- TITLE III—INDIVIDUAL DEVELOPMENT Service that the pending charter boat mora- SEY. ACCOUNTS torium in the Gulf of Mexico not be imple- H.R. 2099: Mr. MCDERMOTT and Mr. Sec. 301. Additional qualified entities eligi- mented; to the Committee on Resources. BLUMENAUER. ble to conduct projects under 153. Also, a memorial of the Legislature of H.R. 2108: Mrs. CHRISTENSEN. the Assets for Independence the State of Louisiana, relative to House H.R. 2149: Mr. LEACH. Act. Concurrent Resolution No. 198 memorializing H.R. 2175: Mr. CUNNINGHAM, Mr. STENHOLM, Sec. 302. Increase in limitation on net the United States Congress to support, with and Mr. BARR of Georgia. worth. funding, the expeditious implementation of H.R. 2219: Mr. MEEKS of New York and Mr. Sec. 303. Change in limitation on deposits the proposed Bayou Lafourche restoration HINCHEY. for an individual. and diversion project from the Mississippi H.R. 2221: Mr. LANTOS. Sec. 304. Elimination of limitation on depos- River; to the Committee on Transportation H.R. 2310: Mr. VISCLOSKY, Mr. MCGOVERN, its for a household. and Infrastructure. Ms. MCKINNEY, Mr. KUCINICH, Mr. PASTOR, Sec. 305. Extension of program. 154. Also, a memorial of the Legislature of Ms. KAPTUR, Mr. PRICE of North Carolina, Sec. 306. Conforming amendments. the State of Texas, relative to Senate Con- Ms. NORTON, and Ms. SOLIS. Sec. 307. Applicability. current Resolution No. 54 memorializing the H.R. 2343: Ms. SOLIS. TITLE IV—CHARITABLE DONATIONS LI- United States Congress to consider the re- H.R. 2358: Mr. OSE. ABILITY REFORM FOR IN-KIND COR- moval of trade, financial, and travel restric- H.R. 2365: Mr. JOHNSON of Illinois. PORATE CONTRIBUTIONS tions relating to Cuba; jointly to the Com- H.R. 2387: Mr. GEORGE MILLER of Cali- Sec. 401. Charitable donations liability re- mittees on International Relations and Ways fornia, Mr. BECERRA, Ms. ROYBAL-ALLARD, form for in-kind corporate con- and Means. Mr. BERMAN, Mr. MATSUI, Mr. SCHIFF, Mr. tributions. 155. Also, a memorial of the Legislature of GALLEGLY, Mr. THOMAS, Mr. FARR of Cali- TITLE I—CHARITABLE GIVING the State of Texas, relative to Senate Con- fornia, Mr. CALVERT, Mrs. NAPOLITANO, Mrs. INCENTIVES PACKAGE current Resolution No. 25 memorializing the EMERSON, Mr. DOOLEY of California, and Mr. SEC. 101. DEDUCTION FOR PORTION OF CHARI- United States Congress and the President, in BACA. light of the proposed change in federal policy TABLE CONTRIBUTIONS TO BE AL- H.R. 2392: Ms. WOOLSEY. LOWED TO INDIVIDUALS WHO DO that will further open the border areas to H.R. 2413: Mr. PASTOR. NOT ITEMIZE DEDUCTIONS. Mexican truck travel, to recognize the H.R. 2442: Mr. FROST. (a) IN GENERAL.—Section 170 of the Inter- unique planning, capacity, and infrastruc- H. Con. Res. 17: Mrs. DAVIS of California. nal Revenue Code of 1986 (relating to chari- ture needs of Texas’ border ports of entry H. Con. Res. 152: Mr. KILDEE and Mr. table, etc., contributions and gifts) is amend- and the high-priority transportation cor- ENGLISH. ed by redesignating subsection (m) as sub- ridors; jointly to the Committees on Trans- H. Con. Res. 162: Mrs. RIVERS and Mr. HIN- section (n) and by inserting after subsection portation and Infrastructure and the Judici- CHEY. (l) the following new subsection: ary. H. Con. Res. 178: Mr. HOEFFEL. ‘‘(m) DEDUCTION FOR INDIVIDUALS NOT f ITEMIZING DEDUCTIONS.— f ‘‘(1) IN GENERAL.—In the case of an indi- ADDITIONAL SPONSORS vidual who does not itemize his deductions Under clause 7 of rule XII, sponsors AMENDMENTS for the taxable year, there shall be taken into account as a direct charitable deduction were added to public bills and resolu- Under clause 8 of rule XVIII, pro- tions as follows: under section 63 an amount equal to the less- posed amendments were submitted as er of— H.R. 7: Mr. SHOWS, Mr. LATHAN, and Mr. follows: ‘‘(A) the amount allowable under sub- CAMP. H.R. 7 section (a) for the taxable year for cash con- H.R. 17: Ms. NORTON. tributions, or H.R. 510: Mrs. CAPPS and Mr. HONDA. OFFERED BY: MR. SENSENBRENNER ‘‘(B) the applicable amount. H.R. 612: Mr. ROGERS of Kentucky. AMENDMENT NO. 1: Strike all after the en- ‘‘(2) APPLICABLE AMOUNT.—For purposes of H.R. 663: Mr. EVANS. acting clause and insert the following: paragraph (1), the applicable amount shall be H.R. 1163: Mr. SOUDER and Mr. PENCE. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. determined as follows: H.R. 1164: Mr. HONDA. (a) SHORT TITLE.—This Act may be cited as H.R. 1202: Mr. NADLER, Mr. OXLEY, Mr. ‘‘For taxable years The applicable the ‘‘Community Solutions Act of 2001’’. BLAGOJEVICH, and Mr. PALLONE. beginning in: amount is: (b) TABLE OF CONTENTS.—The table of con- H.R. 1216: Ms. CARSON of Indiana, Mr. FIL- 2002 and 2003 ...... $25 tents is as follows: NER, Mr. GONZALEZ, Mr. MEEKS of New York, 2004, 2005, 2006 ...... $50 Ms. MCKINNEY, Mr. SERRANO, Ms. VELAZ- Sec. 1. Short title; table of contents. 2007, 2008, 2009 ...... $75 2010 and thereafter ...... $100. QUEZ, Mr. BALDACCI, Ms. JACKSON-LEE of TITLE I—CHARITABLE GIVING Texas, Mr. MCGOVERN, Mr. FROST, and Mr. INCENTIVES PACKAGE In the case of a joint return, the applicable ORTIZ. Sec. 101. Deduction for portion of charitable amount is twice the applicable amount de- H.R. 1294: Mr. BRADY of Texas, Mr. GUTIER- contributions to be allowed to termined under the preceding table.’’. REZ, and Mr. SIMMONS. individuals who do not itemize (b) DIRECT CHARITABLE DEDUCTION.— H.R. 1425: Mr. ABERCROMBIE, Mr. ACEVEDO- deductions. (1) IN GENERAL.—Subsection (b) of section VILA, Mr. BALDACCI, Mr. BRADY of Pennsyl- Sec. 102. Tax-free distributions from indi- 63 of such Code is amended by striking ‘‘and’’ vania, Mrs. CLAYTON, Mr. DAVIS of Illinois, vidual retirement accounts for at the end of paragraph (1), by striking the Mr. FARR of California, Mr. FORD, Mr. charitable purposes. period at the end of paragraph (2) and insert- HOYER, Ms. JACKSON-LEE of Texas, Mr. JEF- Sec. 103. Increase in cap on corporate chari- ing ‘‘, and’’, and by adding at the end thereof FERSON, Ms. MCKINNEY, Mrs. MINK of Hawaii, table contributions. the following new paragraph: Mrs. MORELLA, Mr. OSE, Mr. PAYNE, Mr. Sec. 104. Charitable deduction for contribu- ‘‘(3) the direct charitable deduction.’’. REYES, Mr. RUSH, and Mr. TOWNS. tions of food inventory. (2) DEFINITION.—Section 63 of such Code is H.R. 1434: Mr. BOSWELL. Sec. 105. Reform of excise tax on net invest- amended by redesignating subsection (g) as H.R. 1460: Mr. BACA, Mr. WAMP, Mr. STEN- ment income of private founda- subsection (h) and by inserting after sub- HOLM, Mr. WELDON of Florida, and Mr. BUR- tions. section (f) the following new subsection: ‘‘(g) DIRECT CHARITABLE DEDUCTION.—For TON of Indiana. Sec. 106. Excise tax on unrelated business purposes of this section, the term ‘direct H.R. 1488: Ms. DELAURO. taxable income of charitable re- charitable deduction’ means that portion of H.R. 1517: Mr. BLAGOJEVICH, Mr. SMITH of mainder trusts. the amount allowable under section 170(a) New Jersey, Mr. BONIOR, Mr. RILEY, Mr. Sec. 107. Expansion of charitable contribu- which is taken as a direct charitable deduc- CRAMER, Ms. RIVERS, Mr. LEVIN, and Mr. tion allowed for scientific prop- tion for the taxable year under section HILLIARD. erty used for research and for 170(m).’’. H.R. 1602: Mr. PENCE. computer technology and (3) CONFORMING AMENDMENT.—Subsection H.R. 1745: Mr. MORAN of Virginia. equipment used for educational (d) of section 63 of such Code is amended by H.R. 1804: Mr. KILDEE. purposes. striking ‘‘and’’ at the end of paragraph (1), H.R. 1891: Mr. ETHERIDGE and Mr. PICK- Sec. 108. Adjustment to basis of S corpora- by striking the period at the end of para- ERING. tion stock for certain chari- H.R. 1896: Mr. MCGOVERN. graph (2) and inserting ‘‘, and’’, and by add- table contributions. H.R. 1911: Mr. SESSIONS. ing at the end thereof the following new H.R. 1927: Mr. KILDEE. TITLE II—EXPANSION OF CHARITABLE paragraph: H.R. 1975: Mr. NETHERCUTT. CHOICE ‘‘(3) the direct charitable deduction.’’. H.R. 1983: Mrs. WILSON and Mr. REHBERG. Sec. 201. Provision of assistance under gov- (c) EFFECTIVE DATE.—The amendments H.R. 1990: Mr. FILNER, Mr. MALONEY of Con- ernment programs by religious made by this section shall apply to taxable necticut, Mrs. MINK of Hawaii, Mr. and community organizations. years beginning after December 31, 2001.

VerDate 11-MAY-2000 02:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\L16JY7.001 pfrm04 PsN: H16PT1 July 16, 2001 CONGRESSIONAL RECORD — HOUSE H4015 SEC. 102. TAX-FREE DISTRIBUTIONS FROM INDI- graph (G)(ii)(II)) by reason of a qualified ‘‘(i) the 5 percent limitation in the second VIDUAL RETIREMENT ACCOUNTS charitable distribution to such fund. sentence of paragraph (1)(A) shall not apply, FOR CHARITABLE PURPOSES. ‘‘(iii) CHARITABLE GIFT ANNUITIES.—Quali- ‘‘(ii) in the case of any trust with gross in- (a) IN GENERAL.—Subsection (d) of section fied charitable distributions made for a char- come in excess of $250,000, the first sentence 408 of the Internal Revenue Code of 1986 (re- itable gift annuity shall not be treated as an of paragraph (1)(A) shall be applied by sub- lating to individual retirement accounts) is investment in the contract. stituting ‘$100’ for ‘$20’, and the second sen- amended by adding at the end the following ‘‘(F) DENIAL OF DEDUCTION.—Qualified char- tence thereof shall be applied by substituting new paragraph: itable distributions shall not be taken into ‘$50,000’ for ‘$10,000’, and ‘‘(8) DISTRIBUTIONS FOR CHARITABLE PUR- account in determining the deduction under ‘‘(iii) the third sentence of paragraph (1)(A) POSES.— section 170. shall be disregarded. ‘‘(A) IN GENERAL.—No amount shall be in- ‘‘(G) SPLIT-INTEREST ENTITY DEFINED.—For If the person required to file such return cludible in gross income by reason of a quali- purposes of this paragraph, the term ‘split- knowingly fails to file the return, such per- fied charitable distribution. interest entity’ means— son shall be personally liable for the penalty ‘‘(B) QUALIFIED CHARITABLE DISTRIBUTION.— ‘‘(i) a charitable remainder annuity trust imposed pursuant to this subparagraph.’’. For purposes of this paragraph, the term or a charitable remainder unitrust (as such (3) CONFIDENTIALITY OF NONCHARITABLE ‘qualified charitable distribution’ means any terms are defined in section 664(d)), BENEFICIARIES.—Subsection (b) of section distribution from an individual retirement ‘‘(ii) a pooled income fund (as defined in 6104 of such Code (relating to inspection of account— section 642(c)(5)), and annual information returns) is amended by ‘‘(i) which is made on or after the date that ‘‘(iii) a charitable gift annuity (as defined adding at the end the following new sen- the individual for whose benefit the account in section 501(m)(5)).’’. tence: ‘‘In the case of a trust which is re- is maintained has attained age 701⁄2, and (b) MODIFICATIONS RELATING TO INFORMA- quired to file a return under section 6034(a), ‘‘(ii) which is made directly by the TION RETURNS BY CERTAIN TRUSTS.— this subsection shall not apply to informa- trustee— (1) RETURNS.—Section 6034 of such Code tion regarding beneficiaries which are not ‘‘(I) to an organization described in section (relating to returns by trusts described in organizations described in section 170(c).’’. 170(c), or section 4947(a)(2) or claiming charitable de- (c) EFFECTIVE DATES.— ‘‘(II) to a split-interest entity. ductions under section 642(c)) is amended to (1) SUBSECTION (a).—The amendment made A distribution shall be treated as a qualified read as follows: by subsection (a) shall apply to taxable years charitable distribution only to the extent ‘‘SEC. 6034. RETURNS BY TRUSTS DESCRIBED IN beginning after December 31, 2001. that the distribution would be includible in SECTION 4947(a)(2) OR CLAIMING (2) SUBSECTION (b).—The amendments made gross income without regard to subpara- CHARITABLE DEDUCTIONS UNDER by subsection (b) shall apply to returns for graph (A) and, in the case of a distribution to SECTION 642(c). taxable years beginning after December 31, a split-interest entity, only if no person ‘‘(a) TRUSTS DESCRIBED IN SECTION 2001. holds an income interest in the amounts in 4947(a)(2).—Every trust described in section SEC. 103. INCREASE IN CAP ON CORPORATE the split-interest entity attributable to such 4947(a)(2) shall furnish such information with CHARITABLE CONTRIBUTIONS. distribution other than one or more of the respect to the taxable year as the Secretary (a) IN GENERAL.—Paragraph (2) of section following: the individual for whose benefit may by forms or regulations require. 170(b) of the Internal Revenue Code of 1986 such account is maintained, the spouse of ‘‘(b) TRUSTS CLAIMING A CHARITABLE DE- (relating to corporations) is amended by such individual, or any organization de- DUCTION UNDER SECTION 642(c).— striking ‘‘10 percent’’ and inserting ‘‘the ap- scribed in section 170(c). ‘‘(1) IN GENERAL.—Every trust not required plicable percentage’’. ‘‘(C) CONTRIBUTIONS MUST BE OTHERWISE DE- to file a return under subsection (a) but (b) APPLICABLE PERCENTAGE.—Subsection DUCTIBLE.—For purposes of this paragraph— claiming a charitable, etc., deduction under (b) of section 170 of such Code is amended by ‘‘(i) DIRECT CONTRIBUTIONS.—A distribution section 642(c) for the taxable year shall fur- adding at the end the following new para- to an organization described in section 170(c) nish such information with respect to such graph: shall be treated as a qualified charitable dis- taxable year as the Secretary may by forms ‘‘(3) APPLICABLE PERCENTAGE DEFINED.—For tribution only if a deduction for the entire or regulations prescribe, including: purposes of paragraph (2), the applicable per- distribution would be allowable under sec- ‘‘(A) the amount of the charitable, etc., de- centage shall be determined in accordance tion 170 (determined without regard to sub- duction taken under section 642(c) within with the following table: section (b) thereof and this paragraph). such year, ‘‘For taxable years be- The applicable ‘‘(ii) SPLIT-INTEREST GIFTS.—A distribution ‘‘(B) the amount paid out within such year ginning in calendar percentage is— to a split-interest entity shall be treated as which represents amounts for which chari- year— a qualified charitable distribution only if a table, etc., deductions under section 642(c) 2002 through 2007 ...... 11 deduction for the entire value of the interest have been taken in prior years, 2008 ...... 12 in the distribution for the use of an organiza- ‘‘(C) the amount for which charitable, etc., 2009 ...... 13 tion described in section 170(c) would be al- deductions have been taken in prior years lowable under section 170 (determined with- but which has not been paid out at the begin- 2010 and thereafter ...... 15.’’. out regard to subsection (b) thereof and this ning of such year, (c) CONFORMING AMENDMENTS.— paragraph). ‘‘(D) the amount paid out of principal in (1) Sections 512(b)(10) and 805(b)(2)(A) of ‘‘(D) APPLICATION OF SECTION 72.—Notwith- the current and prior years for charitable, such Code are each amended by striking ‘‘10 standing section 72, in determining the ex- etc., purposes, percent’’ each place it occurs and inserting tent to which a distribution is a qualified ‘‘(E) the total income of the trust within ‘‘the applicable percentage (determined charitable distribution, the entire amount of such year and the expenses attributable under section 170(b)(3))’’. the distribution shall be treated as includ- thereto, and (2) Sections 545(b)(2) and 556(b)(2) of such ible in gross income without regard to sub- ‘‘(F) a balance sheet showing the assets, li- Code are each amended by striking ‘‘10-per- paragraph (A) to the extent that such abilities, and net worth of the trust as of the cent limitation’’ and inserting ‘‘applicable amount does not exceed the aggregate beginning of such year. percentage limitation’’. amount which would be so includible if all ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not (d) EFFECTIVE DATE.—The amendments amounts were distributed from all individual apply in the case of a taxable year if all the made by this section shall apply to taxable retirement accounts otherwise taken into net income for such year, determined under years beginning after December 31, 2001. account in determining the inclusion on such the applicable principles of the law of trusts, SEC. 104. CHARITABLE DEDUCTION FOR CON- distribution under section 72. Proper adjust- is required to be distributed currently to the TRIBUTIONS OF FOOD INVENTORY. ments shall be made in applying section 72 to beneficiaries. Paragraph (1) shall not apply (a) IN GENERAL.—Paragraph (3) of section other distributions in such taxable year and in the case of a trust described in section 170(e) of the Internal Revenue Code of 1986 subsequent taxable years. 4947(a)(1).’’. (relating to special rule for certain contribu- ‘‘(E) SPECIAL RULES FOR SPLIT-INTEREST EN- (2) INCREASE IN PENALTY RELATING TO FIL- tions of inventory and other property) is TITIES.— ING OF INFORMATION RETURN BY SPLIT-INTER- amended by redesignating subparagraph (C) ‘‘(i) CHARITABLE REMAINDER TRUSTS.—Dis- EST TRUSTS.—Paragraph (2) of section 6652(c) as subparagraph (D) and by inserting after tributions made from an individual retire- of such Code (relating to returns by exempt subparagraph (B) the following new subpara- ment account to a trust described in sub- organizations and by certain trusts) is graph: paragraph (G)(ii)(I) shall be treated as in- amended by adding at the end the following ‘‘(C) SPECIAL RULE FOR CONTRIBUTIONS OF come described in section 664(b)(1) except to new subparagraph: FOOD INVENTORY.— the extent that the beneficiary of the indi- ‘‘(C) SPLIT-INTEREST TRUSTS.—In the case ‘‘(i) GENERAL RULE.—In the case of a chari- vidual retirement account notifies the trust- of a trust which is required to file a return table contribution of food, this paragraph ee of the trust of the amount which is not al- under section 6034(a), subparagraphs (A) and shall be applied— locable to income under subparagraph (D). (B) of this paragraph shall not apply and ‘‘(I) without regard to whether the con- ‘‘(ii) POOLED INCOME FUNDS.—No amount paragraph (1) shall apply in the same manner tribution is made by a C corporation, and shall be includible in the gross income of a as if such return were required under section ‘‘(II) only for food that is apparently pooled income fund (as defined in subpara- 6033, except that— wholesome food.

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‘‘(ii) DETERMINATION OF FAIR MARKET SEC. 107. EXPANSION OF CHARITABLE CON- by the Federal Government, or by a State or VALUE.—In the case of a qualified contribu- TRIBUTION ALLOWED FOR SCI- local government with Federal funds, the tion of apparently wholesome food to which ENTIFIC PROPERTY USED FOR RE- government shall consider, on the same basis this paragraph applies and which, solely by SEARCH AND FOR COMPUTER TECH- NOLOGY AND EQUIPMENT USED FOR as other nongovernmental organizations, re- reason of internal standards of the taxpayer EDUCATIONAL PURPOSES. ligious organizations to provide the assist- or lack of market, cannot or will not be sold, (a) SCIENTIFIC PROPERTY USED FOR RE- ance under the program, and the program the fair market value of such food shall be SEARCH.—Clause (ii) of section 170(e)(4)(B) of shall be implemented in a manner that is determined by taking into account the price the Internal Revenue Code of 1986 (defining consistent with the establishment clause and at which the same or similar food items are qualified research contributions) is amended the free exercise clause of the first amend- sold by the taxpayer at the time of the con- by inserting ‘‘or assembled’’ after ‘‘con- ment to the Constitution. tribution (or, if not so sold at such time, in structed’’. ‘‘(B) DISCRIMINATION PROHIBITED.—Neither the recent past). (b) COMPUTER TECHNOLOGY AND EQUIPMENT the Federal Government, nor a State or local ‘‘(iii) APPARENTLY WHOLESOME FOOD.—For FOR EDUCATIONAL PURPOSES.—Clause (ii) of government receiving funds under a program purposes of this subparagraph, the term ‘ap- section 170(e)(6)(B) of such Code is amended described in paragraph (4), shall discriminate parently wholesome food’ shall have the by inserting ‘‘or assembled’’ after ‘‘con- against an organization that provides assist- meaning given to such term by section structed’’ and ‘‘or assembling’’ after ‘‘con- ance under, or applies to provide assistance 22(b)(2) of the Bill Emerson Good Samaritan struction’’. under, such program on the basis that the or- Food Donation Act (42 U.S.C. 1791(b)(2)), as (c) CONFORMING AMENDMENT.—Subpara- ganization is religious or has a religious in effect on the date of the enactment of this graph (D) of section 170(e)(6) of such Code is character. subparagraph.’’. amended by inserting ‘‘or assembled’’ after ‘‘(2) FUNDS NOT AID TO RELIGION.—Federal, (b) EFFECTIVE DATE.—The amendment ‘‘constructed’’ and ‘‘or assembling’’ after State, or local government funds or other as- made by subsection (a) shall apply to taxable ‘‘construction’’. sistance that is received by a religious orga- (d) EFFECTIVE DATE.—The amendments years beginning after December 31, 2001. nization for the provision of services under made by this section shall apply to taxable this section constitutes aid to individuals SEC. 105. REFORM OF EXCISE TAX ON NET IN- years beginning after December 31, 2001. VESTMENT INCOME OF PRIVATE and families in need, the ultimate bene- SEC. 108. ADJUSTMENT TO BASIS OF S CORPORA- ficiaries of such services, and not support for FOUNDATIONS. TION STOCK FOR CERTAIN CHARI- religion or the organization’s religious be- (a) IN GENERAL.—Subsection (a) of section TABLE CONTRIBUTIONS. liefs or practices. Notwithstanding the provi- 4940 of the Internal Revenue Code of 1986 (re- (a) IN GENERAL.—Paragraph (1) of section sions in this paragraph, title VI of the Civil lating to excise tax based on investment in- 1367(a) of such Code (relating to adjustments Rights Act of 1964 (42 USC 2000d et seq.) shall come) is amended by striking ‘‘2 percent’’ to basis of stock of shareholders, etc.) is apply to organizations receiving assistance and inserting ‘‘1 percent’’. amended by striking ‘‘and’’ at the end of sub- paragraph (B), by striking the period at the funded under any program described in sub- (b) REPEAL OF REDUCTION IN TAX WHERE end of subparagraph (C) and inserting ‘‘, section (c)(4). PRIVATE FOUNDATION MEETS CERTAIN DIS- and’’, and by adding at the end the following ‘‘(3) FUNDS NOT ENDORSEMENT OF RELI- TRIBUTION REQUIREMENTS.—Section 4940 of new subparagraph: GION.—The receipt by a religious organiza- such Code is amended by striking subsection ‘‘(D) the excess of the amount of the share- tion of Federal, State, or local government (e). holder’s deduction for any charitable con- funds or other assistance under this section (c) EFFECTIVE DATE.—The amendments tribution made by the S corporation over the is not an endorsement by the government of made by this section shall apply to taxable shareholder’s proportionate share of the ad- religion or of the organization’s religious be- years beginning after December 31, 2001. justed basis of the property contributed.’’. liefs or practices. ‘‘(4) PROGRAMS.—For purposes of this sec- SEC. 106. EXCISE TAX ON UNRELATED BUSINESS (b) EFFECTIVE DATE.—The amendment TAXABLE INCOME OF CHARITABLE made by this section shall apply to taxable tion, a program is described in this REMAINDER TRUSTS. years beginning after December 31, 2001. paragraph— ‘‘(A) if it involves activities carried out (a) IN GENERAL.—Subsection (c) of section TITLE II—EXPANSION OF CHARITABLE using Federal funds— 664 of the Internal Revenue Code of 1986 (re- CHOICE ‘‘(i) related to the prevention and treat- lating to exemption from income taxes) is SEC. 201. PROVISION OF ASSISTANCE UNDER ment of juvenile delinquency and the im- amended to read as follows: GOVERNMENT PROGRAMS BY RELI- GIOUS AND COMMUNITY ORGANIZA- provement of the juvenile justice system, in- ‘‘(c) TAXATION OF TRUSTS.— TIONS. cluding programs funded under the Juvenile ‘‘(1) INCOME TAX.—A charitable remainder Title XXIV of the Revised Statutes of the Justice and Delinquency Prevention Act of annuity trust and a charitable remainder United States is amended by inserting after 1974 (42 U.S.C. 5601 et seq.); unitrust shall, for any taxable year, not be section 1990 (42 U.S.C. 1994) the following: ‘‘(ii) related to the prevention of crime and subject to any tax imposed by this subtitle. ‘‘SEC. 1991. CHARITABLE CHOICE. assistance to crime victims and offenders’ ‘‘(2) EXCISE TAX.— ‘‘(a) SHORT TITLE.—This section may be families, including programs funded under ‘‘(A) IN GENERAL.—In the case of a chari- cited as the ‘Charitable Choice Act of 2001’. title I of the Omnibus Crime Control and table remainder annuity trust or a chari- ‘‘(b) PURPOSES.—The purposes of this sec- Safe Streets Act of 1968 (42 U.S.C. 3701 et table remainder unitrust that has unrelated tion are— seq.); business taxable income (within the meaning ‘‘(1) to enable assistance to be provided to ‘‘(iii) related to the provision of assistance of section 512, determined as if part III of individuals and families in need in the most under Federal housing statutes, including subchapter F applied to such trust) for a tax- effective and efficient manner; the Community Development Block Grant able year, there is hereby imposed on such ‘‘(2) to supplement the Nation’s social serv- Program established under title I of the trust or unitrust an excise tax equal to the ice capacity by facilitating the entry of new, Housing and Community Development Act of amount of such unrelated business taxable and the expansion of existing, efforts by reli- 1974 (42 U.S.C. 5301 et seq.); income. gious and other community organizations in ‘‘(iv) under subtitle B or D of title I of the ‘‘(B) CERTAIN RULES TO APPLY.—The tax the administration and distribution of gov- Workforce Investment Act of 1998 (29 U.S.C. imposed by subparagraph (A) shall be treated ernment assistance under the government 2801 et seq.); as imposed by chapter 42 for purposes of this programs described in subsection (c)(4); ‘‘(v) under the Older Americans Act of 1965 title other than subchapter E of chapter 42. ‘‘(3) to prohibit discrimination against re- (42 U.S.C. 3001 et seq.); ‘‘(C) CHARACTER OF DISTRIBUTIONS AND CO- ligious organizations on the basis of religion ‘‘(vi) related to the intervention in and ORDINATION WITH DISTRIBUTION REQUIRE- in the administration and distribution of prevention of domestic violence, including MENTS.—The amounts taken into account in government assistance under such programs; programs under the Child Abuse Prevention determining unrelated business taxable in- ‘‘(4) to allow religious organizations to par- and Treatment Act (42 U.S.C. 5101 et seq.) or come (as defined in subparagraph (A)) shall ticipate in the administration and distribu- the Family Violence Prevention and Serv- not be taken into account for purposes of— tion of such assistance without impairing ices Act (42 U.S.C. 10401 et seq.); ‘‘(i) subsection (b), the religious character and autonomy of ‘‘(vii) related to hunger relief activities; or ‘‘(ii) determining the value of trust assets such organizations; and ‘‘(viii) under the Job Access and Reverse under subsection (d)(2), and ‘‘(5) to protect the religious freedom of in- Commute grant program established under ‘‘(iii) determining income under subsection dividuals and families in need who are eligi- section 3037 of the Federal Transit Act of (d)(3). ble for government assistance, including ex- 1998 (49 U.S.C. 5309 note); or ‘‘(D) TAX COURT PROCEEDINGS.—For pur- panding the possibility of their being able to ‘‘(B)(i) if it involves activities to assist poses of this paragraph, the references in choose to receive services from a religious students in obtaining the recognized equiva- section 6212(c)(1) to section 4940 shall be organization providing such assistance. lents of secondary school diplomas and ac- deemed to include references to this para- ‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS tivities relating to nonschool hours pro- graph.’’. PROVIDERS; DISCLAIMERS.— grams, including programs under— (b) EFFECTIVE DATE.—The amendment ‘‘(1) IN GENERAL.— ‘‘(I) chapter 3 of subtitle A of title II of the made by subsection (a) shall apply to taxable ‘‘(A) INCLUSION.—For any program de- Workforce Investment Act of 1998 (Public years beginning after December 31, 2001. scribed in paragraph (4) that is carried out Law 105–220); or

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‘‘(II) part I of title X of the Elementary ‘‘(2) NOTICE.—The appropriate Federal, State or local funds to carry out a program and Secondary Education Act (20 U.S.C. 6301 State, or local governmental entity shall described in subsection (c)(4), the State or et seq.); and guarantee that notice is provided to the indi- local government may segregate the State or ‘‘(ii) except as provided in subparagraph viduals described in paragraph (3) of the local funds from the Federal funds provided (A) and clause (i), does not include activities rights of such individuals under this section. to carry out the program or may commingle carried out under Federal programs pro- ‘‘(3) INDIVIDUAL DESCRIBED.—An individual the State or local funds with the Federal viding education to children eligible to at- described in this paragraph is an individual funds. If the State or local government com- tend elementary schools or secondary who receives or applies for assistance under mingles the State or local funds, the provi- schools, as defined in section 14101 of the Ele- a program described in subsection (c)(4). sions of this section shall apply to the com- mentary and Secondary Education Act of ‘‘(h) NONDISCRIMINATION AGAINST BENE- mingled funds in the same manner, and to 1965 (20 U.S.C. 8801). FICIARIES.— the same extent, as the provisions apply to ‘‘(d) ORGANIZATIONAL CHARACTER AND AU- ‘‘(1) GRANTS AND COOPERATIVE AGREE- the Federal funds. TONOMY.— MENTS.—A religious organization providing ‘‘(l) INDIRECT ASSISTANCE.—When con- ‘‘(1) IN GENERAL.—A religious organization assistance through a grant or cooperative sistent with the purpose of a program de- that provides assistance under a program de- agreement under a program described in sub- scribed in subsection (c)(4), the Secretary of scribed in subsection (c)(4) shall have the section (c)(4) shall not discriminate in car- the department administering the program right to retain its autonomy from Federal, rying out the program against an individual may direct the disbursement of some or all State, and local governments, including such described in subsection (g)(3) on the basis of of the funds, if determined by the Secretary organization’s control over the definition, religion, a religious belief, or a refusal to to be feasible and efficient, in the form of in- development, practice, and expression of its hold a religious belief. direct assistance. For purposes of this sec- religious beliefs. ‘‘(2) INDIRECT FORMS OF ASSISTANCE.—A re- tion, ‘indirect assistance’ constitutes assist- ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the ligious organization providing assistance ance in which an organization receiving Federal Government, nor a State or local through a voucher, certificate, or other form funds through a voucher, certificate, or government with Federal funds, shall require of indirect assistance under a program de- other form of disbursement under this sec- a religious organization, in order to be eligi- scribed in subsection (c)(4) shall not deny an tion receives such funding only as a result of ble to provide assistance under a program de- individual described in subsection (g)(3) ad- the private choices of individual bene- scribed in subsection (c)(4), to— mission into such program on the basis of re- ficiaries and no government endorsement of ‘‘(A) alter its form of internal governance ligion, a religious belief, or a refusal to hold any particular religion, or of religion gen- or provisions in its charter documents; or a religious belief. erally, occurs. ‘‘(B) remove religious art, icons, scripture, ‘‘(i) ACCOUNTABILITY.— ‘‘(m) TREATMENT OF INTERMEDIATE or other symbols, or to change its name, be- ‘‘(1) IN GENERAL.—Except as provided in GRANTORS.—If a nongovernmental organiza- cause such symbols or names are of a reli- paragraphs (2) and (3), a religious organiza- tion (referred to in this subsection as an ‘in- gious character. tion providing assistance under any program termediate grantor’), acting under a grant or ‘‘(e) EMPLOYMENT PRACTICES.—A religious described in subsection (c)(4) shall be subject other agreement with the Federal Govern- organization’s exemption provided under sec- to the same regulations as other nongovern- ment, or a State or local government with tion 702 of the Civil Rights Act of 1964 (42 mental organizations to account in accord Federal funds, is given the authority under U.S.C. 2000e–1) regarding employment prac- with generally accepted accounting prin- the agreement to select nongovernmental or- tices shall not be affected by its participa- ciples for the use of such funds and its per- ganizations to provide assistance under the tion in, or receipt of funds from, programs formance of such programs. programs described in subsection (c)(4), the described in subsection (c)(4), and any provi- ‘‘(2) LIMITED AUDIT.— intermediate grantor shall have the same du- sion in such programs that is inconsistent ‘‘(A) GRANTS AND COOPERATIVE AGREE- ties under this section as the government with or would diminish the exercise of an or- when selecting or otherwise dealing with ganization’s autonomy recognized in section MENTS.—A religious organization providing assistance through a grant or cooperative subgrantors, but the intermediate grantor, if 702 or in this section shall have no effect. it is a religious organization, shall retain all Nothing in this section alters the duty of a agreement under a program described in sub- section (c)(4) shall segregate government other rights of a religious organization under religious organization to comply with the this section. nondiscrimination provisions of title VII of funds provided under such program into a separate account or accounts. Only the sepa- ‘‘(n) COMPLIANCE.—A party alleging that the Civil Rights Act of 1964 in the use of the rights of the party under this section funds from programs described in subsection rate accounts consisting of funds from the government shall be subject to audit by the have been violated by a State or local gov- (c)(4). ernment may bring a civil action for injunc- ‘‘(f) EFFECT ON OTHER LAWS.—Nothing in government. tive relief pursuant to section 1979 against this section shall alter the duty of a reli- ‘‘(B) INDIRECT FORMS OF ASSISTANCE.—A re- the State official or local government agen- gious organization receiving assistance or ligious organization providing assistance cy that has allegedly committed such viola- providing services under any program de- through a voucher, certificate, or other form tion. A party alleging that the rights of the scribed in subsection (c)(4) to comply with of indirect assistance under a program de- the nondiscrimination provisions in title VI scribed in subsection (c)(4) may segregate party under this section have been violated of the Civil Rights Act of 1964 (42 U.S.C. 2000d government funds provided under such pro- by the Federal Government may bring a civil et seq.) (prohibiting discrimination on the gram into a separate account or accounts. If action for injunctive relief in Federal dis- basis of race, color, and national origin), such funds are so segregated, then only the trict court against the official or govern- title IX of the Education Amendments of separate accounts consisting of funds from ment agency that has allegedly committed 1972 (20 U.S.C. 1681–1688) (prohibiting dis- the government shall be subject to audit by such violation. ‘‘(o) TRAINING AND TECHNICAL ASSISTANCE crimination in education programs or activi- the government. FOR SMALL NONGOVERNMENTAL ORGANIZA- ties on the basis of sex and visual impair- ‘‘(3) SELF AUDIT.—A religious organization TIONS.— ment), section 504 of the Rehabilitation Act providing services under any program de- ‘‘(1) IN GENERAL.—From amounts made of 1973 (29 U.S.C. 794) (prohibiting discrimina- scribed in subsection (c)(4) shall conduct an- available to carry out the purposes of the Of- tion against otherwise qualified disabled in- nually a self audit for compliance with its fice of Justice Programs (including any com- dividuals), and the Age Discrimination Act duties under this section and submit a copy ponent or unit thereof, including the Office of 1975 (42 U.S.C. 6101–6107) (prohibiting dis- of the self audit to the appropriate Federal, of Community Oriented Policing Services), crimination on the basis of age). State, or local government agency, along funds are authorized to provide training and ‘‘(g) RIGHTS OF BENEFICIARIES OF ASSIST- with a plan to timely correct variances, if ANCE.— technical assistance, directly or through any, identified in the self audit. N GENERAL grants or other arrangements, in procedures ‘‘(1) I .—If an individual de- ‘‘(j) LIMITATIONS ON USE OF FUNDS; VOLUN- relating to potential application and partici- scribed in paragraph (3) has an objection to TARINESS.—No funds provided through a the religious character of the organization grant or cooperative agreement to a reli- pation in programs identified in subsection from which the individual receives, or would gious organization to provide assistance (c)(4) to small nongovernmental organiza- receive, assistance funded under any pro- under any program described in subsection tions, as determined by the Attorney Gen- gram described in subsection (c)(4), the ap- (c)(4) shall be expended for sectarian instruc- eral, including religious organizations, in an propriate Federal, State, or local govern- tion, worship, or proselytization. If the reli- amount not to exceed $50 million annually. mental entity shall provide to such indi- gious organization offers such an activity, it ‘‘(2) TYPES OF ASSISTANCE.—Such assist- vidual (if otherwise eligible for such assist- shall be voluntary for the individuals receiv- ance may include— ance) within a reasonable period of time ing services and offered separate from the ‘‘(A) assistance and information relative to after the date of such objection, assistance program funded under subsection (c)(4). A creating an organization described in section that— certificate shall be separately signed by reli- 501(c)(3) of the Internal Revenue Code of 1986 ‘‘(A) is an alternative that is accessible to gious organizations, and filed with the gov- to operate identified programs; the individual and unobjectionable to the in- ernment agency that disburses the funds, ‘‘(B) granting writing assistance which dividual on religious grounds; and certifying that the organization is aware of may include workshops and reasonable guid- ‘‘(B) has a value that is not less than the and will comply with this subsection. ance; value of the assistance that the individual ‘‘(k) EFFECT ON STATE AND LOCAL FUNDS.— ‘‘(C) information and referrals to other would have received from such organization. If a State or local government contributes nongovernmental organizations that provide

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expertise in accounting, legal issues, tax (17) Section 408(a). (9) STATE.—The term ‘‘State’’ means each issues, program development, and a variety (18) Section 408(b). of the several States, the District of Colum- of other organizational areas; and (19) Section 409. bia, the Commonwealth of Puerto Rico, the ‘‘(D) information and guidance on how to (20) Section 410(e). Virgin Islands, Guam, American Samoa, the comply with Federal nondiscrimination pro- (21) Section 411. Northern Mariana Islands, any other terri- visions including, but not limited to, title VI (22) Section 412(a). tory or possession of the United States, or of the Civil Rights Act of 1964 (42 U.S.C. 2000d (23) Section 412(b)(2). any political subdivision of any such State, et seq.), title VII of the Civil Rights Act of (24) Section 412(c). territory, or possession. 1964 (42 U.S.C. 2000e et seq.), the Fair Housing (25) Section 413(a). (b) LIABILITY.— Act, as amended (42 U.S.C. 3601 et seq.), title (26) Section 413(b). (1) LIABILITY OF BUSINESS ENTITIES THAT DO- IX of the Education Amendments of 1972 (20 (27) Section 414(a). NATE EQUIPMENT TO NONPROFIT ORGANIZA- U.S.C. 1681–1688), section 504 of the Rehabili- (28) Section 414(b). TIONS.— tation Act of 1973 (29 U.S.C. 694), and the Age (29) Section 414(c). (A) IN GENERAL.—Subject to subsection (c), Discrimination Act of 1975 (42 U.S.C. 6101– (30) Section 414(d)(1). a business entity shall not be subject to civil 6107). (31) Section 414(d)(2). liability relating to any injury or death that ‘‘(3) RESERVATION OF FUNDS.—An amount of (b) AMENDMENTS TO SUBSECTION HEAD- results from the use of equipment donated by no less than $5,000,000 shall be reserved under INGS.—The heading of each of the following a business entity to a nonprofit organiza- this section. Small nongovernmental organi- provisions of the Assets for Independence tion. zations may apply for these funds to be used Act (42 U.S.C. 604 note) is amended by strik- (B) APPLICATION.—This paragraph shall for assistance in providing full and equal in- ing ‘‘DEMONSTRATION’’: apply with respect to civil liability under tegrated access to individuals with disabil- (1) Section 405(a). Federal and State law. ities in programs under this title. (2) Section 406(a). (2) LIABILITY OF BUSINESS ENTITIES PRO- VIDING USE OF FACILITIES TO NONPROFIT ORGA ‘‘(4) PRIORITY.—In giving out the assist- (3) Section 413(a). - ance described in this subsection, priority (c) AMENDMENTS TO SECTION HEADINGS.— NIZATIONS.— shall be given to small nongovernmental or- The headings of sections 406 and 411 of the (A) IN GENERAL.—Subject to subsection (c), Assets for Independence Act (42 U.S.C. 604 ganizations serving urban and rural commu- a business entity shall not be subject to civil note) are amended by striking ‘‘ nities.’’. DEM- liability relating to any injury or death oc- ONSTRATION’’. curring at a facility of the business entity in TITLE III—INDIVIDUAL DEVELOPMENT SEC. 307. APPLICABILITY. connection with a use of such facility by a ACCOUNTS (a) IN GENERAL.—The amendments made by nonprofit organization, if— SEC. 301. ADDITIONAL QUALIFIED ENTITIES ELI- this title shall apply to funds provided be- (i) the use occurs outside of the scope of GIBLE TO CONDUCT PROJECTS fore, on or after the date of the enactment of business of the business entity; UNDER THE ASSETS FOR INDEPEND- this Act. (ii) such injury or death occurs during a ENCE ACT. (b) PRIOR AMENDMENTS.—The amendments period that such facility is used by the non- Section 404(7)(A)(iii)(I)(aa) of the Assets for made by title VI of the Departments of profit organization; and Independence Act (42 U.S.C. 604 note) is Labor, Health and Human Services, and Edu- (iii) the business entity authorized the use amended to read as follows: cation, and Related Agencies Appropriations of such facility by the nonprofit organiza- ‘‘(aa) a federally insured credit union; or’’. Act, 2001 (as enacted into law by Public Law tion. SEC. 302. INCREASE IN LIMITATION ON NET 106–554) shall apply to funds provided before, (B) APPLICATION.—This paragraph shall WORTH. on or after the date of the enactment of such apply— Section 408(a)(2)(A) of the Assets for Inde- Act. (i) with respect to civil liability under Fed- pendence Act (42 U.S.C. 604 note) is amended TITLE IV—CHARITABLE DONATIONS LI- eral and State law; and by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. ABILITY REFORM FOR IN-KIND COR- (ii) regardless of whether a nonprofit orga- SEC. 303. CHANGE IN LIMITATION ON DEPOSITS PORATE CONTRIBUTIONS nization pays for the use of a facility. FOR AN INDIVIDUAL. SEC. 401. CHARITABLE DONATIONS LIABILITY RE- (3) LIABILITY OF BUSINESS ENTITIES PRO- Section 410(b) of the Assets for Independ- FORM FOR IN-KIND CORPORATE VIDING USE OF A MOTOR VEHICLE OR AIR- ence Act (42 U.S.C. 604 note) is amended to CONTRIBUTIONS. CRAFT.— read as follows: (a) DEFINITIONS.—For purposes of this sec- (A) IN GENERAL.—Subject to subsection (c), ‘‘(b) LIMITATION ON DEPOSITS FOR AN INDI- tion: a business entity shall not be subject to civil VIDUAL.—Not more than $500 from a grant (1) AIRCRAFT.—The term ‘‘aircraft’’ has the liability relating to any injury or death oc- made under section 406(b) shall be provided meaning provided that term in section curring as a result of the operation of air- per year to any one individual during the 40102(6) of title 49, United States Code. craft or a motor vehicle of a business entity project.’’. (2) BUSINESS ENTITY.—The term ‘‘business loaned to a nonprofit organization for use SEC. 304. ELIMINATION OF LIMITATION ON DE- entity’’ means a firm, corporation, associa- outside of the scope of business of the busi- POSITS FOR A HOUSEHOLD. tion, partnership, consortium, joint venture, ness entity, if— Section 410 of the Assets for Independence or other form of enterprise. (i) such injury or death occurs during a pe- Act (42 U.S.C. 604 note) is amended by strik- (3) EQUIPMENT.—The term ‘‘equipment’’ in- riod that such motor vehicle or aircraft is ing subsection (c) and redesignating sub- cludes mechanical equipment, electronic used by a nonprofit organization; and sections (d) and (e) as subsections (c) and (d), equipment, and office equipment. (ii) the business entity authorized the use respectively. (4) FACILITY.—The term ‘‘facility’’ means by the nonprofit organization of motor vehi- SEC. 305. EXTENSION OF PROGRAM. any real property, including any building, cle or aircraft that resulted in the injury or Section 416 of the Assets for Independence improvement, or appurtenance. death. Act (42 U.S.C. 604 note) is amended by strik- (5) GROSS NEGLIGENCE.—The term ‘‘gross (B) APPLICATION.—This paragraph shall ing ‘‘2001, 2002, and 2003’’ and inserting ‘‘and negligence’’ means voluntary and conscious apply— 2001, and $50,000,000 for each of fiscal years conduct by a person with knowledge (at the (i) with respect to civil liability under Fed- 2002 through 2008’’. time of the conduct) that the conduct is like- eral and State law; and SEC. 306. CONFORMING AMENDMENTS. ly to be harmful to the health or well-being (ii) regardless of whether a nonprofit orga- (a) AMENDMENTS TO TEXT.—The text of of another person. nization pays for the use of the aircraft or each of the following provisions of the Assets (6) INTENTIONAL MISCONDUCT.—The term motor vehicle. for Independence Act (42 U.S.C. 604 note) is ‘‘intentional misconduct’’ means conduct by (c) EXCEPTIONS.—Subsection (b) shall not amended by striking ‘‘demonstration’’ each a person with knowledge (at the time of the apply to an injury or death that results from place it appears: conduct) that the conduct is harmful to the an act or omission of a business entity that (1) Section 403. health or well-being of another person. constitutes gross negligence or intentional (2) Section 404(2). (7) MOTOR VEHICLE.—The term ‘‘motor ve- misconduct. (3) Section 405(a). hicle’’ has the meaning provided that term (d) SUPERSEDING PROVISION.— (4) Section 405(b). in section 30102(6) of title 49, United States (1) IN GENERAL.—Subject to paragraph (2) (5) Section 405(c). Code. and subsection (e), this title preempts the (6) Section 405(d). (8) NONPROFIT ORGANIZATION.—The term laws of any State to the extent that such (7) Section 405(e). ‘‘nonprofit organization’’ means— laws are inconsistent with this title, except (8) Section 405(g). (A) any organization described in section that this title shall not preempt any State (9) Section 406(a). 501(c)(3) of the Internal Revenue Code of 1986 law that provides additional protection for a (10) Section 406(b). and exempt from tax under section 501(a) of business entity for an injury or death de- (11) Section 407(b)(1)(A). such Code; or scribed in a paragraph of subsection (b) with (12) Section 407(c)(1)(A). (B) any not-for-profit organization orga- respect to which the conditions specified in (13) Section 407(c)(1)(B). nized and conducted for public benefit and such paragraph apply. (14) Section 407(c)(1)(C). operated primarily for charitable, civic, edu- (2) LIMITATION.—Nothing in this title shall (15) Section 407(c)(1)(D). cational, religious, welfare, or health pur- be construed to supersede any Federal or (16) Section 407(d). poses. State health or safety law.

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(e) ELECTION OF STATE REGARDING NON- TITLE VIII—ADDITIONAL GENERAL TITLE VIII—ADDITIONAL GENERAL APPLICABILITY.—A provision of this title PROVISIONS PROVISIONS shall not apply to any civil action in a State SEC. 801. None of the funds made available SEC. 801. None of the funds appropriated in court against a business entity in which all in this Act may be used in connection with this Act under the heading ‘‘OFFICE OF THE parties are citizens of the State if such State any system to conduct background checks UNITED STATES TRADE REPRESENTATIVE— enacts a statute— on persons purchasing a firearm that does SALARIES AND EXPENSES’’ may be used to ini- (1) citing the authority of this section; not provide for the immediate destruction of tiate a proceeding in the World Trade Orga- (2) declaring the election of such State all information submitted under the system nization (WTO) challenging any law or pol- that such provision shall not apply to such by, or on behalf of, each person determined icy of a developing country that promotes civil action in the State; and under such system not to be prohibited from access to HIV/AIDS pharmaceuticals or med- (3) containing no other provisions. receiving a firearm. ical technologies to the population of the (f) EFFECTIVE DATE.—This section shall H.R. 2500 country. apply to injuries (and deaths resulting there- (b) In this section, the term ‘‘developing OFFERED BY: MR. MANZULLO from) occurring on or after the date of the country’’ means a country that has a per enactment of this Act. AMENDMENT NO. 5: Page 96, line 10, strike capita income which does not exceed that of ‘‘$4,100,000,000’’ and insert the following: H.R. 2500 an upper middle income country, as defined the levels established by section 20(h)(1)(C) in the World Development Report published OFFERED BY: MR. HERGER of the Small Business Act (15 U.S.C. 631 note) by the International Bank for Reconstruc- AMENDMENT NO. 1: Page 63, after line 9, in- H.R. 2500 tion and Development. sert the following: OFFERED BY: MR. PAUL H.R. 2500 TITLE IIA—DEPARTMENT OF JUSTICE AMENDMENT NO. 6: Page 108, after line 22, OFFERED BY: MS. WATERS KLAMATH PROJECT WATER RIGHTS insert the following: AMENDMENT NO. 11: Page 108, after line 22, COMPENSATION TITLE VIII—ADDITIONAL GENERAL insert the following: For just compensation for private property PROVISIONS TITLE VIII—ADDITIONAL GENERAL taken for public use, as required by the 5th SEC. 801. None of the funds appropriated in PROVISIONS Amendment to the Constitution of the this Act may be used for any United States United States, for payment by the Attorney SEC. 801. None of the funds appropriated in contribution to the United Nations or any this Act under the heading ‘‘OFFICE OF THE General to the water users of the Klamath affiliated agency of the United Nations. Project for the Federal taking of water UNITED STATES TRADE REPRESENTATIVE— rights pursuant to the Klamath Reclamation H.R. 2500 SALARIES AND EXPENSES’’ may be used to ini- Project 2001 Annual Operations Plan, which OFFERED BY: MR. PAUL tiate a proceeding in the World Trade Orga- nization (WTO) pursuant to any provision of provides for the delivery of no water to most AMENDMENT NO. 7: Page 108, after line 22, of the lands served by the Klamath Reclama- insert the following: the Agreement on Trade-Related Aspects of tion Project, and instead implements an al- Intellectual Property Rights (as described in TITLE VIII—ADDITIONAL GENERAL section 101(d)(15) of the Uruguay Round ternative plan developed pursuant to the En- PROVISIONS dangered Species Act of 1973; and the amount Agreements Act (19 U.S.C. 3511(d)(15))) chal- otherwise provided in this Act for ‘‘National SEC. 801. None of the funds appropriated in lenging any law of a country that is not a Oceanic And Atmospheric Administration— this Act may be used for any United States member of the Organization for Economic Operations, Research, and Facilities’’ (and contribution for United Nations peace- Cooperation and Development (OECD) relat- the amounts specified under such heading for keeping operations. ing to HIV/AIDS pharmaceuticals. direct obligations, appropriation from the H.R. 2500 H.R. 2500 General Fund, and the National Marine Fish- OFFERED BY: MR. ROEMER OFFERED BY: MS. WATERS eries Service) are hereby reduced by; AMENDMENT NO. 8: Page 70, after line 7, in- AMENDMENT NO. 12: Page 108, after line 22, $200,000,000. sert the following: insert the following: H.R. 2500 SEC. 305. (a) The Federal building located TITLE VIII—ADDITIONAL GENERAL OFFERED BY: MR. HINCHEY at 10th Street and Constitution Avenue, NW, PROVISIONS in Washington, DC, and known as the De- AMENDMENT NO. 2: In title I, in the item re- partment of Justice Building, shall be des- SEC. 801. None of the funds appropriated in lating to ‘‘FEDERAL PRISON SYSTEM—BUILD- ignated and known as the ‘‘Robert F. Ken- this Act under the heading ‘‘OFFICE OF THE INGS AND FACILITIES’’, after the aggregate nedy Department of Justice Building’’. UNITED STATES TRADE REPRESENTATIVE— dollar amount, insert the following: ‘‘(re- (b) Any reference in a law, map, regula- SALARIES AND EXPENSES’’ may be used to ini- duced by $73,000,000)’’. tion, document, paper, or other record of the tiate a proceeding in the World Trade Orga- In title II, in the item relating to ‘‘ECO- United States to the Federal building re- nization (WTO) pursuant to any provision of NOMIC DEVELOPMENT ADMINISTRATION—ECO- ferred to in subsection (a) shall be deemed to the Agreement on Trade-Related Aspects of NOMIC DEVELOPMENT ASSISTANCE PROGRAMS’’, be a reference to the ‘‘Robert F. Kennedy De- Intellectual Property Rights (as described in after the aggregate dollar amount, insert the partment of Justice Building’’. section 101(d)(15) of the Uruguay Round following: ‘‘(increased by $73,000,000)’’. Agreements Act (19 U.S.C. 3511(d)(15))) chal- H.R. 2500 H.R. 2500 lenging any law of a country that is not a OFFERED BY: MR. WALDEN OF OREGON member of the Organization for Economic OFFERED BY: MR. HINCHEY AMENDMENT NO. 9: Page 108, after line 22, Cooperation and Development (OECD). AMENDMENT NO. 3: At the end of the bill insert the following new title: H.R. 2500 (before the short title), insert the following: TITLE VIII—LIMITATION ON USE OF OFFERED BY: MS. WATERS TITLE VIII—ADDITIONAL GENERAL FUNDS PROVISIONS AMENDMENT NO. 13: Page 108, after line 22, SEC. 801. None of the funds made available insert the following: SEC. 801. None of the funds made available in this Act may be used to implement or to TITLE VIII—ADDITIONAL GENERAL in this Act to the Department of Justice plan to implement any of the recommenda- PROVISIONS may be used to prevent the States of Alaska, tions in the Phase I Report or the Phase II Arizona, California, Colorado, Hawaii, Report on the study that was commissioned SEC. 801. None of the funds appropriated in Maine, Nevada, Oregon, or Washington from by the United States and led by Dr. Thomas this Act under the heading ‘‘OFFICE OF THE implementing State laws authorizing the use Hardy on the relationship between the Klam- UNITED STATES TRADE REPRESENTATIVE— of medical marijuana in those States. ath River flow levels and the health of salm- SALARIES AND EXPENSES’’ may be used to ini- H.R. 2500 on and steelhead in that river. tiate a proceeding in the World Trade Orga- nization (WTO) pursuant to any provision of H.R. 2500 OFFERED BY: MR. KERNS the Agreement on Trade-Related Aspects of AMENDMENT NO. 4: At the end of the bill, OFFERED BY: MS. WATERS Intellectual Property Rights (as described in insert after the last section (preceding the AMENDMENT NO. 10: Page 108, after line 22, section 101(d)(15) of the Uruguay Round short title) the following new title: insert the following: Agreements Act (19 U.S.C. 3511(d)(15))).

VerDate 11-MAY-2000 01:03 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.009 pfrm04 PsN: H16PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, MONDAY, JULY 16, 2001 No. 98 Senate The Senate met at 2 p.m. and was from the State of Arizona, to perform the du- appropriations bill. We hope to resolve called to order by the Presiding Offi- ties of the Chair. those so it does not take a lot of time. cer, the Honorable JON KYL, a Senator ROBERT C. BYRD, And then, of course, the appropriations from the State of Arizona. President pro tempore. bill dealing with transportation has in Mr. KYL thereupon assumed the the last few years gone quite rapidly, PRAYER chair as Acting President pro tempore. and we hope it will again this year. The Chaplain, Dr. Lloyd John f We are not in a position at this time, Ogilvie, offered the following prayer: RESERVATION OF LEADER TIME Senator DOMENICI and I, to offer a Gracious God, thank You for this mo- The ACTING PRESIDENT pro tem- unanimous consent agreement as to ment of prayer in which we can affirm pore. Under the previous order, the when the amendments to the energy Your call to seek unity in the midst of leadership time is reserved. and water appropriations bill should be differences in the parties and politics. filed, but we are going to work on that. f So often we focus on what separates us Senator DOMENICI is indisposed for the rather than the bond of unity that ENERGY AND WATER DEVELOP- next hour and a half or so. But we ex- binds us together. We are one in our MENT APPROPRIATIONS ACT, pect him to be here at 3:30 today, at calling to serve You and our Nation 2002 which time we will begin opening and in the belief that You are the ulti- The ACTING PRESIDENT pro tem- statements on the energy and water mate and only sovereign. You are the pore. Under the previous order the Sen- appropriations bill. magnetic and majestic Lord of all who ate will now proceed to the consider- draws us out of pride and self-serving ation of H.R. 2311, which the clerk will f attitudes to work together for You. We report. find each other as we join our hearts in The assistant legislative clerk read MORNING BUSINESS gratitude for the privilege of leading as follows: Mr. REID. I see my friend from Iowa our Nation. Keep us so close to You and A bill (H.R. 2311) making appropriations here. Does he wish to speak on the bill so open to one another that this will be for energy and water development for the fis- or as if in morning business? a week of great progress. Help us to cal year ending September 30, 2002, and for Mr. GRASSLEY. Morning business. work expeditiously and with excellence other purposes. Mr. REID. Certainly I would have no The ACTING PRESIDENT pro tem- for Your glory and our Nation’s good. problem asking unanimous consent. As pore. The Senator from Nevada. Through our Lord and Saviour. Amen. I said, Senator DOMENICI is indisposed f f now for the next hour or so. So what PLEDGE OF ALLEGIANCE SCHEDULE time does the Senator from Iowa ex- The Honorable JON KYL led the Mr. REID. As has been announced by pect to use? Pledge of Allegiance, as follows: the Chair, the Senate will begin consid- Mr. GRASSLEY. I would expect to be eration of the energy and water appro- done by 2:30. I pledge allegiance to the Flag of the Mr. REID. Fine. I ask unanimous United States of America, and to the Repub- priations bill. Today will be for debate lic for which it stands, one nation under God, only. There will be no rollcall votes consent, Mr. President, the Senator indivisible, with liberty and justice for all. today. The next vote is expected to- from Iowa be recognized for 30 minutes f morrow at approximately 12 noon on to speak in morning business. When he APPOINTMENT OF ACTING cloture on the substitute amendment completes his work, we will return to PRESIDENT PRO TEMPORE to the Bankruptcy Reform Act. I am to the energy and water appropriations bill. The PRESIDING OFFICER. The remind everyone that there is a 3 p.m. filing deadline for first-degree amend- The ACTING PRESIDENT pro tem- clerk will please read a communication pore. Without objection, it is so or- to the Senate from the President pro ments to the bankruptcy reform sub- stitute amendment. dered. The Senator from Iowa is recog- tempore (Mr. BYRD). nized. The assistant legislative clerk read We hope to complete action on the the following letter: energy and water appropriations bill, the transportation appropriations bill, f U.S. SENATE, and/or the legislative branch appropria- PRESIDENT PRO TEMPORE, tions bill before the end of this week. TAX CUT ACHIEVEMENT Washington, DC, July 16, 2001. To the Senate: I would say to all those listening, it Mr. GRASSLEY. Mr. President, I Under the provisions of rule I, paragraph 3, is going to be extremely difficult to do want to visit with my colleagues and of the Standing Rules of the Senate, I hereby that, but we can do it. There are only our constituents about the issues of appoint the Honorable JON KYL, a Senator a few issues on the energy and water the tax relief that was recently passed

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

S7657

. S7658 CONGRESSIONAL RECORD — SENATE July 16, 2001 by the Congress of the United States benefits of the bill. Tax relief legisla- fore the tax cut, the Federal Govern- and signed by the President on June 7 tion is just not more money in the tax- ment was collecting too much tax. The and will be the reason that tax rebate payers’ pockets in some selfish way Federal Government was on a path to checks will go out, distributing $65 bil- that you let the taxpayers keep more accumulate over $3.1 trillion in excess lion of overtaxation to the American of their money. There is great eco- tax collections over the next 10 years. people—back to the American people nomic good that comes from the dis- Federal tax receipts were at their high- so they can spend it, so it will do more tribution of goods and services in this est level in our Nation’s history. economic good than if it is politically economy based upon an individual The bulk of these excess collections distributed here in Washington, DC. making that decision as opposed to a came from the individual income-tax That bill not only has the $65 billion political leader in Washington, DC, payer. Individual income tax collec- of tax refunds that will start going out making that decision through the Fed- tions were near an all-time high, even next week and be out by September 30, eral budget. higher than some levels imposed by but it already has reductions for other Now, of course, all of this criticism is World War II. rates. The tax rebates come from the fair play in the arena of politics. How- The chart I have in the Chamber new 10-percent rate that is going into ever, in recent weeks it seems to me demonstrates this better than I can, effect retroactive to January 1. It is these arguments have not been an- how, since 1960, we have seen very high my understanding there will be about swered with the same vigor by the income taxation. In this particular 90 million Americans who will be get- strong bipartisan majority of us who case, we are seeing taxes, as a whole, ting rebates of up to $300 if they are supported the legislation. So today I collected by the Federal Government, single, $500 if they are a single parent, take the floor to set the record not just the income taxes but every- and also then up to $600 if they are straight. Tax relief is absolutely nec- thing at the highest level by the year married. essary. Tax relief legislation is an im- 2000 at 20.6 percent of gross national Also, remember that this is not a portant vehicle in response to our product. one-shot rate reduction, or tax rebate; short-term and long-term economic This chart shows total tax receipts as a percentage of gross domestic product that these rebates, even though they situations. And that is basically a flat over 40 years. Tax receipts have natu- will never be received in a check again, economy—1 to 1.5-percent growth in- rally fluctuated frequently since 1960, will continue on into the future as per- stead of the 2-percent growth we pro- but most shockingly they spike up manent reductions in taxation for peo- jected a year ago, 1 to 1.5-percent eco- ple in the 10-percent bracket. And also since the tax bill of 1993. nomic growth under the last two quar- The January 2001 Congressional remember that everybody who pays ters of the Clinton administration, and Budget Office report to Congress shows taxes would pay some of that 10-per- carrying through to the first two quar- that in 1992, total tax receipts were cent bracket so that it does affect all ters of President Bush’s administra- around 17 percent of gross domestic taxpayers. But checks are going out for tion. product. As I said, by the year 2000, those up to the amount of $12,000 of That is a situation where we have they were at 20.6 percent. The signifi- taxable income. these checks going out, a short-term cance of this percentage can only be I think this tax bill is going to make stimulus, which, if we had not done it, appreciated in the historical compari- real changes in the lives of folks across would have had 100 Senators sitting sons to which I have already referred. our country. The changes I am going to around this body scratching their But I want to be more specific. discuss today result in the greatest tax heads and deploring the fact that we In 1944, at the height of World War II, relief provided in a generation—tax re- had a flat economy. So what can we do taxes, as a percentage of gross domes- lief, I might add, powerfully brought about it? tic product, were 20.9 percent—only .5 about in a bipartisan consensus. Congress has passed tax reduction in percent higher than they are today. By Some might ask, Why talk about the past to stimulate the economy but 1945, those taxes had dropped to 20.4 something we have already done? The often taking effect after the economy percent of GDP, which is actually answer is that the legislation is quite turned around. It tended not to be as lower than the collection level today. comprehensive and to do it justice we beneficial as it would have been if it It is unbelievable that in a time of really need to take a thorough and me- had been done at the right time. unprecedented peace and prosperity, thodical look at it—not look at it just I do not want to take credit for hav- which defines the last decade, the Fed- from the standpoint of the rebate ing been a leader in the tax rebates, eral Government would rake in taxes checks that are going out, which are knowing that they were going to be at a wartime level. The sorriest part of getting all the attention, but all the needed now as a stimulus. I confess not this whole story is that this huge in- other aspects of the bill as well. to have thought that way last March crease in taxes has been borne almost It is true there have been a lot of and April when we started working on exclusively by the American people press reports on this legislation. Again, tax relief. But we ended up with tax re- who pay the individual Federal income most of those have been related to the bates—$65 billion—and most econo- tax. rebate checks going out starting next mists are saying they could not have I have another chart which shows tax week. None of these reports, however, I come at a more opportune time for an collection levels for payroll taxes, cor- believe, in the press has really tied the economy that is flat and in need of porate taxes, and all other taxes over specific benefits of the bill back to its some stimulus. the past decade. It shows they have bipartisan purpose. There are three reasons for this bi- been relatively stable. Corporate taxes, Also, the press reports have tended to partisan tax relief package. One is that during the past 10 years, have in- analyze the bill in terms of its impact it is necessary, when the Federal Gov- creased from 1.6 percent of GDP to 2.1 on certain types of taxpayers. At the ernment overtaxes people, to reduce percent of GDP. Estate taxes have re- same time, many press reports have fo- taxes so that there is not overtaxation. mained relatively stable over that pe- cused exclusively on the budget angle No. 2, it is necessary to respond to riod of time. of the tax legislation; in other words, the current and long-term economic However, collection of individual in- people nervous, tearing out their hair problems. I talked about the short- come taxes by the Federal Government because there is going to be less money term stimulus, but there are long-term has soared. There was a 50-percent in- coming into the Federal Treasury as a economic benefits from this bill that crease during that period of time: 7.7 result of our letting the people keep are going to enhance the economy. percent of gross domestic product in their tax overpayment. Third, there is sufficient surplus out- 1992 to 10.2 percent of gross domestic These reports that tend to be very side Social Security and Medicare that product as of the year 2000. pessimistic often echo the sentiments is still available to accomplish a tax Individual income taxes now take up of the harshest congressional critics of cut that addresses certain inequities in the largest share of GDP in the history the legislation. These reports, like the the Tax Code, such as the marriage of the individual income tax. And that congressional critics of this bill—and penalty. dates back to 1916, except for the Civil probably for the most part those who I will start with reason No. 1, that War when there was one that the voted against it—tend to ignore the the tax cut corrected overtaxation. Be- courts declared unconstitutional. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7659 Even during World War II collections reason for raising taxes to record lev- present chairman of the Budget Com- from individuals were 9.4 percent. So els, then in the era of surpluses we are mittee, the Senator from North Da- you see it was a full percentage point in now, those tax overcharges, those kota, voted for $1.25 trillion in tax re- below what they are today in peace- tax overpayments, should be left with lief. Yet they are now saying we time. As you can see, the source of cur- the taxpayers of America, not run shouldn’t have this tax cut. rent and future surpluses is from a through the Federal budget anymore, For instance, we had a vote on what huge runup in individual income tax for two reasons: No. 1, because they are was called the Carnahan-Daschle collections, and not in runups in any not needed, once you balance the budg- Democratic substitute. That amend- other form of taxes and levies that the et; and, No. 2, if I distribute that in- ment, if it had passed, would have rep- Federal Government makes on the tax- come of the hard-working men and resented tax cuts of that $1.25 trillion I payers of this country or the busi- women in America, it doesn’t turn over cited. nesses of this country. in the economy as much as if they keep I raise this point for two reasons: Part of this is because the 1993 Clin- it and spend it or invest it. One, to make the record clear on the ton tax increase overshot its mark. That is what creates jobs; they cre- votes on the tax cut bill; and two, to These excess collections are attrib- ate wealth. We in the Federal Govern- make an even more fundamental point. utable to that enactment, in August ment don’t create wealth; we only ex- That fundamental point is, despite all 1993, of the largest tax increase in the pend the wealth created by others. the rhetoric, there was widespread sup- history of the world. This year, on a bipartisan basis, Con- port for significant across-the-board re- Since 1992, total personal income has gress did just that through the tax bill lief even among the most critical of grown an average of 5.6 percent. Fed- signed by President Bush on June 7. We the final tax package. eral income tax collections, however, are going to let you keep your money Let me repeat reason No. 1 for this have grown an average of 9.1 percent a because we believe it does more eco- tax cut before I go on to reason No. 2. year, outstripping the rate of personal nomic good, it creates more wealth if The American people are overtaxed. income growth by 64 percent. you have it than if we have it. The American people have paid a tax The Joint Committee on Taxation, at Congress then agreed to return a por- surplus into the Federal Treasury. The the request of the Joint Economic tion of the record level of taxes back to goal is to let the taxpayers distribute Committee of the Congress, estimated the taxpayers and, in a sense, Congress, those goods and services as opposed to that just repealing the revenue-raising on party-line vote in 1993—and it was a having 100 Senators distribute that provisions of President Clinton’s 1993 party-line vote—raised taxes too much. money. biggest-in-the-world tax hike would And this year, on a bipartisan basis— Now reason No. 2: The tax cut is yield tax relief of more than $1 trillion not a party-line vote but on a bipar- needed to reverse slow growth in the over 10 years. tisan basis—we corrected that overtax- economy, not only slow growth long We ought to take a closer look at ation and that temporary taxation term but I have already referred to the that 1993 world’s biggest tax increase. that was put in place in 1993. slow growth that has happened right The 39.6-percent top bracket reflected a Democrats and Republicans, led by now over the last four quarters, 1- to 10-percent surcharge on the basic 36- President Bush, started with the fact 1.5-percent growth instead of 2.5-per- percent rate. The itemized deductions that the 1993 tax hike took too much cent as we had projected. I provided you with the first reason, you can subtract from your taxable in- from the American taxpayers and the to correct overtaxation. Now for the come, known as the Pease Rule, and American economy. President Bush of- second one. the phaseout of personal exemptions, fered to reduce individual tax rates It is our responsibility to help the which we refer to as PEP, the personal across all rate brackets and to reduce folks back home who are facing a slow- exemption phaseout, were temporary the number of brackets. er economy to create jobs, to expand bipartisan deficit reduction provisions Congress changed aspects of the the economy. There has been a slow- that were made permanent under the President’s plan and, from my point of down since the latter half of the year 1993 tax hike. view, improved the President’s plan as 2000. I will expand on the point that the So remember, you had a top marginal it made its way through Congress. The economic slowdown did start in the lat- tax rate of 36. That was meant to be bill the President signed did contain ter part of 2000. permanent. But you had a temporary relief for taxpayers in all tax brackets. We have two charts. The first chart 10 percent put on top of that, bringing This benefits all taxpayers across shows that economic growth has that to 36.9 percent. Yet for higher America. slowed considerably since the middle of brackets they wanted to camouflage it. There is much wringing of hands and last year. In the last two quarters of We had a phaseout of exemptions so gnashing of teeth over the fiscal im- the Clinton administration, it started that higher income people did not get pact of that tax relief package. We hear to slow. Compared to the average 4-per- the full advantage of the personal ex- it daily from the leadership on the cent growth rate since 1998, the econ- emption, as an example, which ought other side and from many in the media. omy grew only a little over 1 percent. to tell you that in a time of budget sur- What you don’t hear about is how close Several factors have contributed to pluses, which we are in right now, any- everyone in the Senate was on the size the economic slowdown. For the two body who was intellectually honest of the tax cut. In other words, for those previous years, we had a tighter mone- about putting a 10-percent surtax on who voted against the tax cut, there tary policy by the Federal Reserve. We the basic 36-percent rate just to get rid was just a little bit of difference be- had Chairman Greenspan throw out of of the annual budget deficit ought to tween what Republicans and a bipar- the window his very comprehensive take that 10-percent rate off. But, no, tisan group of Members of this body program of liquidity from 1988 until it was never done by those who pro- thought ought to be cut at a higher 1995, and then he started worrying posed it and those who did it. We did it level versus what everybody else, on about inflation. Worrying about infla- through the gradual reduction of the mostly a partisan basis, thought we tion so much, he tightened up money rates that were in the bill signed by ought to cut taxes—just a little bit of so that we didn’t have enough liquid- the President June 7. difference. ity. When he gets back on the kick of The chairman of the Finance Com- For the record, everyone on the other worrying about liquidity, not worrying mittee at the time of the 1993 Clinton side of the aisle who opposed the bipar- about inflation, the monetary policy tax increase actually called this what I tisan tax relief package had already will turn it around. But a tighter mon- have already referred to as—‘‘a world voted for over $1.25 trillion of tax re- etary policy has brought about this record tax hike.’’ Obviously, with in- lief. Some of those people who voted slowdown. We have also had the rising come tax collections as high as they that way are the very same ones who energy rates, a decline in the stock have ever been in the history of the are saying we cut taxes too much. I market, and we have had rising tax country, we know that to be a fact. hope you remember that on the debate burdens. The rationale for the tax increases on the tax bill, everyone on the other The economic slowdown has real im- was deficit reduction. It is reasonable side, including every Member of the pact on working Americans, as evi- to think that if deficit reduction was a Democratic leadership, including the denced by this second chart we have S7660 CONGRESSIONAL RECORD — SENATE July 16, 2001 here, as you have seen the unemploy- tantly, the tax cut stimulates the Office, the top 20 percent of income ment rate go up. It shows that the un- economy through changes in expecta- taxpayers pay over 75 percent of all the employment rate had fallen steadily, tions for workers, investors, and busi- income taxes coming into the Federal but since the slowdown began last nesses. In other words, a lower tax bite Government. By contrast, households year, the unemployment rate has risen. means that workers, investors, and in the bottom three-fifths of the in- It is now at 41⁄2 percent, the same level businesses can expect to retain more of come distribution pay 7 percent of all it was in October 1998. the income generated by their activi- individual taxes. Although there is still considerable ties. That expectation will change uncertainty about the economy, a what workers and investors and busi- Sometimes I get the feeling around number of factors seem to point in the nesses do right now. That does more here that when it comes to progres- right direction, and one is there is economic good than if we have a polit- sivity, the only way it is going to sat- some reversal of the Federal Reserve ical decision to distribute the goods isfy anybody here is if the richest man on its monetary policy. We have had and services. in America is supporting the Federal energy prices stabilize. For instance, a Chairman Alan Greenspan and others Government totally. But for those who week ago last weekend, I bought gas in have alluded to a new form of ‘‘bracket are worried about this tax bill not Cedar Falls, IA, at $1.19 a gallon. creep’’ brought about by high tax being progressive enough, it not only Given the continued pessimism on rates. In a sense, through this new preserves an already progressive sys- Wall Street, however, the economy re- form of bracket creep, the Federal Gov- tem; it actually makes it more progres- mains vulnerable to potential shocks. ernment was getting a windfall from sive. Those who don’t like progressive So we should continue to monitor signs workers, investors, and businesses. income tax systems don’t like to hear of potential trouble ahead and be pre- With the lower marginal tax rates, me say that. But for those who say our pared to take additional steps should some of the damaging bracket creep tax bill has made it less progressive, I they become necessary. Republicans has been eliminated over the long hope it causes them to keep their and Democrats have a responsibility to term. That change should free up more mouths shut. address this problem. income to flow through the market- There is some speculation by some on place and stimulate the economy. So to all who are critical of the bi- my side of the aisle that those on the So it was pretty clear some action partisan tax relief package as a tax cut other side are hoping the recession needed to be taken to stimulate the for the rich, I invite them to pay spe- comes about for political reasons. I dis- economy. Action was taken and now, cial attention to data prepared by a agree with that speculation. I believe hopefully, for the folks back home, the neutral source, the Joint Committee everyone here wants to get the econ- economy will start to grow signifi- on Taxation. These professionals work omy on a steady path. Everyone knows cantly. for both sides of the aisle, Republicans that the worst thing you can do in an Now if I can go to the third and last and Democrats, and for both the House economic downturn is to raise taxes. reason why the tax bill needed to be and the Senate. As the Joint Com- On the other hand, a tax cut is a stim- passed—the issue of fairness. We heard mittee on Taxation says, the marginal ulus to economic activity. So if your during the debate, and even recently, a tax rate reductions in our bill, as goal were to further slow down the hue and cry from some on the other signed by the President, combined with economy, one sure way to do it would side of the aisle that not all taxpayers the increase in the child credit, and its be to raise taxes. On the other hand, if should receive a rate reduction. They added refundability, the marriage pen- you see a slowdown coming, a tax cut said the bipartisan tax relief bill that alty, the education provisions, and the would be a wise response to get the was signed by the President dispropor- individual retirement accounts and economy growing again. tionately benefits upper income tax- pension provisions—all these aspects of In other words, if we had not cut payers and does not provide enough re- this bill provide the greatest reduction taxes, not had these rebate checks lief at the lower income scale. in tax burden for the lower income tax- going out, we would be nervously try- Well, we have news for that group of payer. ing to cut taxes to stimulate the econ- people. None of those allegations is I ask unanimous consent that the ta- omy. A tax cut stimulates economic true, and the charts that I have will growth in two ways. First is to the ex- show that. But we first need to under- bles prepared by the Joint Committee tent the tax cut currently provides stand the current distribution of tax on Taxation be printed in the RECORD. more money for consumers to spend, it burdens in America. We already have a There being no objection, the mate- creates more demands for goods and highly progressive income tax system. rial was ordered to be printed in the services. Secondly, and most impor- According to the Congressional Budget RECORD, as follows: DISTRIBUTIONAL EFFECTS OF THE CONFERENCE AGREEMENT FOR H.R. 1836 1 [Prepared by the staff of the Conference Agreement for H.R. 1836, May 26, 2001]

Change in Federal taxes 3 Federal taxes 3 under Federal taxes 3 under pro- Effective Tax Rate 4 present law posal Income category 2 Present Law Proposal Millions Percent Billions Percent Billions Percent (percent) (percent)

Less than $10,000 ...... ¥$75 ¥1.0 $7 0.4 $7 0.4 8.7 8.6 10,000 to 20,000 ...... ¥2989 ¥11.5 26 1.5 23 1.4 7.5 6.7 20,000 to 30,000 ...... ¥5,790 ¥9.4 62 3.5 56 3.3 13.4 12.2 30,000 to 40,000 ...... ¥5,674 ¥6.4 89 5.1 83 4.9 16.1 15.1 40,000 to 50,000 ...... ¥5,490 ¥5.4 102 5.9 97 5.7 17.4 16.4 50,000 to 75,000 ...... ¥11,546 ¥4.5 256 14.6 244 14.4 19.1 18.3 75,000 to 100,000 ...... ¥8,488 ¥3.5 244 13.9 235 13.9 21.7 21.0 100,000 to 200,000 ...... ¥10,488 ¥2.6 408 23.3 397 23.5 24.2 23.6 2000, and over ...... ¥6,997 ¥1.3 555 31.7 548 32.4 27.8 27.4 Total, All Taxpayers ...... ¥57,536 ¥3.3 1,748 100.0 1,690 100.0 21.4 20.7 CALENDAR YEAR 2002 Less than $10,000 ...... ¥75 ¥1.0 7 0.4 7 0.4 9.2 9.1 10,000 to 20,000 ...... ¥3,596 ¥13.3 27 1.5 23 1.3 7.6 6.6 20,000 to 30,000 ...... ¥7,124 ¥11.3 63 3.4 56 3.2 13.5 12.0 30,000 to 40,000 ...... ¥6,849 ¥7.6 91 4.9 84 4.8 16.1 14.8 40,000 to 50,000 ...... ¥6,198 ¥5.8 106 5.8 100 5.7 17.5 16.5 50,000 to 75,000 ...... ¥13,251 ¥5.0 267 14.5 254 14.4 19.0 18.0 75,000 to 100,000 ...... ¥10,227 ¥4.0 255 13.9 245 13.9 21.7 20.8 100,000 to 200,000 ...... ¥14,416 ¥3.3 442 24.1 427 24.3 24.2 23.4 200,000 and over ...... ¥16,557 ¥2.9 578 31.5 562 32.0 27.9 27.1 Total, All taxpayers ...... ¥78,294 ¥4.3 1,836 100.0 1,758 100.0 21.5 20.6 CALENDAR YEAR 2003 Less than $10,000 ...... ¥83 ¥1.1 8 0.4 8 0.4 9.7 9.6 10,000 to 20,000 ...... ¥3,516 ¥12.9 27 1.4 24 1.3 7.6 6.6 July 16, 2001 CONGRESSIONAL RECORD — SENATE S7661 DISTRIBUTIONAL EFFECTS OF THE CONFERENCE AGREEMENT FOR H.R. 1836 1—Continued [Prepared by the staff of the Conference Agreement for H.R. 1836, May 26, 2001]

Change in Federal taxes 3 Federal taxes 3 under Federal taxes 3 under pro- Effective Tax Rate 4 2 present law posal Income category Present Law Proposal Millions Percent Billions Percent Billions Percent (percent) (percent)

20,000 to 30,000 ...... ¥7,135 ¥11.0 65 3.3 58 3.1 13.6 12.1 30,000 to 40,000 ...... ¥6,946 ¥7.5 93 4.8 86 4.6 16.0 14.8 40,000 to 50,000 ...... ¥6,155 ¥5.7 108 5.6 101 5.5 17.4 16.4 50,000 to 75,000 ...... ¥13,554 ¥4.9 279 14.4 266 14.3 18.9 18.0 75,000 to 100,000 ...... ¥10,553 ¥4.0 265 13.7 255 13.8 21.7 20.8 100,000 to 200,000 ...... ¥15,487 ¥3.2 479 24.8 464 25.1 24.2 23.4 200,000 and over ...... ¥17,453 ¥2.9 609 31.5 591 31.9 28.1 27.3 Total, All Taxpayers ...... ¥80,882 ¥4.2 1,933 100.0 1,852 100.0 21.5 20.6 CALENDAR YEAR 2004 Less than $10,000 ...... ¥69 ¥0.9 8 0.4 8 0.4 10.0 9.9 10,000 to 20,000 ...... ¥3,429 ¥12.6 27 1.3 24 1.2 7.6 6.6 20,000 to 30,000 ...... ¥7,121 ¥10.8 66 3.3 59 3.1 13.6 12.2 30,000 to 40,000 ...... ¥6,964 ¥7.3 96 4.7 89 4.6 16.0 14.8 40,000 to 50,000 ...... ¥6,320 ¥5.8 110 5.4 103 5.3 17.4 16.4 50,000 to 75,000 ...... ¥15,049 ¥5.2 288 14.2 273 14.2 18.7 17.8 75,000 to 100,000 ...... ¥12,913 ¥4.6 279 13.8 266 13.8 21.5 20.5 100,000 to 200,000 ...... ¥22,095 ¥4.3 512 25.2 490 25.3 24.1 23.0 200,000 and over ...... ¥21.671 ¥3.4 642 31.6 620 32.1 28.2 27.3 Total, All Taxpayers ...... ¥95,630 ¥4.7 2,028 100.0 1,932 100.0 21.6 20.6 CALENDAR YEAR 2005 Less than $10,000 ...... ¥76 ¥1.0 8 0.4 8 0.4 10.1 10.0 10,000 to 20,000 ...... ¥3,867 ¥14.0 28 1.3 24 1.2 7.6 6.5 20,000 to 30,000 ...... ¥7,937 ¥11.6 68 3.2 60 3.0 13.7 12.1 30,000 to 40,000 ...... ¥7,720 ¥7.9 98 4.6 90 4.4 16.0 14.7 40,000 to 50,000 ...... ¥6,945 ¥6.2 112 5.3 105 5.2 17.2 16.2 50,000 to 75,000 ...... ¥16,630 ¥5.5 303 14.2 286 14.1 18.7 17.6 75,000 to 100,000 ...... ¥14,709 ¥5.1 287 13.5 273 13.5 21.4 20.3 100,000 to 200,000 ...... ¥24,654 ¥4.5 547 25.7 522 25.8 24.0 22.9 200,000 and over ...... ¥21,182 ¥3.1 678 31.9 657 32.4 28.3 27.4 Total, All Taxpayers ...... ¥103,720 ¥4.9 2,129 100.0 2,025 100.0 21.6 20.6 CALENDAR YEAR 2006 Less than $10,000 ...... ¥76 ¥0.9 8 0.4 8 0.4 10.4 10.3 10,000 to 20,000 ...... ¥3,789 ¥13.6 28 1.2 24 1.1 7.6 6.6 20,000 to 30,000 ...... ¥7,853 ¥11.4 69 3.1 61 2.9 13.7 12.2 30,000 to 40,000 ...... ¥7,839 ¥7.9 99 4.4 91 4.4 16.0 14.7 40,000 to 50,000 ...... ¥7,570 ¥6.5 116 5.2 108 5.2 17.2 16.0 50,000 to 75,000 ...... ¥18,755 ¥6.0 313 14.0 294 14.0 18.6 17.5 75,000 to 100,000 ...... ¥17,212 ¥5.8 297 13.3 280 13.3 21.3 20.0 100,000 to 200,000 ...... ¥30,208 ¥5.1 588 26.3 558 26.6 23.9 22.7 200,000 and over ...... ¥44,177 ¥6.1 719 32.1 675 32.1 28.3 26.6 Total, All Taxpayers ...... ¥137,476 ¥6.1 2,238 100.0 2,100 100.0 21.7 20.3 1 Includes provisions affecting the child credit, individual marginal rates, a 10% bracket, limitation of itemized deductions, the personal exemption phaseout, the standard deduction, 15% bracket and EIC for married couples, deductible IRAs, and the AMT. 2 The income concept used to place tax returns into income categories is adjusted gross income (AGI) plus; [1] tax-exempt interest, [2] employer contributions for health plans and life insurance, [3] employer share of FICA tax, [4] work- er’s compensation, [5] nontaxable Social Security benefits, [6] insurance value of Medicare benefits, [7] alternative minimum tax preference items, and [8] excluded income of U.S. citizens living abroad. Categories are measured at 2001 levels. 3 Federal taxes are equal to individual income tax (including the outlay portion of the EIC), employment tax (attributed to employees), and excise taxes (attributed to consumers). Corporate income tax and estate and gift taxes are not included due to uncertainty concerning the incidence of these taxes. Individuals who are dependents of other taxpayers and taxpayers with negative income are excluded from the analysis. Does not include indirect effects. 4 The effective tax rate is equal to Federal taxes described in footnote (3) divided by: income described in footnote (2) plus additional income attributable to the proposal. Source: Joint Committee on Taxation. Detail may not add to total due to rounding.

Mr. GRASSLEY. Mr. President, I will income taxes the rest of their lives. A So the bipartisan tax relief legisla- go to a couple of the charts I referred four-person family earning $35,000 a tion not only retains the progressivity to prepared by Joint Tax. Look at the year will no longer have any income of the tax system, but that progres- levels of reduction in tax burden shown tax burden. sivity is enhanced. on this chart. You can see that the low- As the Joint Tax data also shows, a Now, it is clear that distribution ta- est income brackets receive the high- large reduction of the tax burden is bles aren’t the only way to define tax est reduction. targeted toward taxpayers between the Now, for the year 2006—and I say for $30,000 and $75,000 income brackets. fairness. There were other categories of the year 2006 because that is when the These taxpayers will enjoy significant tax relief that carried bipartisan pri- individual tax provisions or rates are effective tax relief. ority in terms of fairness. First, on a implemented—taxpayers with over I also said that the bipartisan tax re- bipartisan basis, there is concern about $100,000 of income receive a tax cut of lief actually makes our tax system the added burden for couples who de- between 5 and 6 percent. Taxpayers more progressive. The Joint Tax Com- cide to marry. This important social earning between $10,000 and $50,000 get mittee again provides the proof. As the objective was impaired by the marriage a tax cut of between 6.5 percent and Joint Tax tables demonstrate, under penalty. The bipartisan tax relief legis- 13.6 percent, with those at the lower in- the bipartisan tax relief package, the lation provided marriage tax relief. come levels getting the biggest per- overall burden goes down for taxpayers Second, on a bipartisan basis, there centage of reduction. Even those with earning below $100,000. For taxpayers was concern about the Tax Code’s fail- incomes below $10,000, who, by and making $100,000 or more, however, their ure to recognize the cost of raising large, don’t pay income and payroll share of the Federal tax burden will ac- children. The bipartisan tax relief leg- tually increase under the bipartisan taxes, receive a tax cut under the bi- islation provides tax relief for millions tax relief legislation. For example, for partisan tax relief package. of families with children, including Under the tax relief, 6 million Ameri- taxpayers earning between $100,000 and those who pay no income tax at all. In cans will be taken off the income tax $200,000 a year, their share of the bur- rolls. Those are lower bracket people. den will increase by three-tenths of a addition, the dependent care tax credit Just tell 6 million people who are never percent. This is not the case for tax- was enhanced for families with chil- going to be paying income tax in the payers earning between $10,000 and dren in day care. future that they aren’t getting a ben- $30,000. Their share of the overall bur- Third, on a bipartisan basis, there efit from this greater than higher in- den will decrease by three-tenths of a was concern about helping families come people who are going to be paying percentage point. with the rising cost of education. As a S7662 CONGRESSIONAL RECORD — SENATE July 16, 2001 response, the bipartisan tax relief leg- CONTROLLING THE PROLIFERA- government depots in Albania in the 3 islation includes a package of edu- TION OF SMALL ARMS AND years leading up to the outbreak of vio- cational tax relief measures. LIGHT WEAPONS lence in the Balkans, including 20,000 Fourth, on a bipartisan basis, there Mrs. FEINSTEIN. Mr. President, I tons of explosives. was concern about declining savings rise today to speak about the prolifera- NATO peacekeepers and U.S. soldiers rates and the need for more secure re- tion of small arms around the world in the region are under threat and in tirement plan benefits for more work- and, specifically, the remarks made by danger from these weapons. In fact, the ers to help baby boomers who are sav- John Bolton, the Under Secretary of increased access by terrorists, guerrilla ing less. As a response, the bipartisan State for Arms Control and Inter- groups, criminals, and others to small tax relief legislation included signifi- national Security Affairs before the arms and light weapons poses a real cant enhancements to individual re- United Nations this past July 9 at the threat to all U.S. participants in peace- tirement accounts and retirement United Nations Conference on the Il- keeping operations and U.S. forces plans. This package was then perhaps licit Trade in Small Arms and Light based overseas. the greatest improvement in our indi- Weapons in All its Aspects. Clearly, this is a substantial prob- vidual IRAs and retirement plans in a I begin by saying what I sincerely be- lem, and it has profound implications generation. lieve: I think it is right and necessary for U.S. security interests. It is be- Finally, there was a bipartisan con- to limit the illicit sale of small arms cause of the scope and scale of the cern about the confiscatory impact of and light weapons on a worldwide problem that the United Nations con- the death tax, especially for family basis. In order to do that, however, one ference on the illicit trade in small farmers and small businesses. As a re- also has to address transparency and arms and light weapons, I believe, is so sponse, the bipartisan tax relief legis- legal transfers of small arms and light important. lation includes death tax relief, includ- weapons because so much of the illicit Unfortunately, as the Washington ing repeal. proliferation problem has its roots in Post editorial on July 10 put it, Mr. Bolton’s opening address ‘‘appeared de- Today I have talked about the three legal sales. I was therefore very sur- signed to cater to the most extreme do- most important reasons from my per- prised that Under Secretary Bolton mestic opponents of gun control’’. Al- spective why we were able to pass the said the United States may well be op- though I do not disagree with all that largest bipartisan tax relief measure in posed to measures being considered by Mr. Bolton said, I want to ask that we a generation. the conference that are aimed at curb- ing the international proliferation of examine more closely the implications The first reason is to correct the pol- small arms and light weapons. of some of his statements, and how icy of overtaxation that stemmed from Before I address Mr. Bolton’s speech, they conflict with both settled Su- the heavy tax hike of 1993. and the question it raises about the di- preme Court precedent and the goals of The second is to respond with an eco- rection of the administration’s policy stemming the tide of illicit arms into nomic stimulus against the current in this area, I would like to briefly the hands of terrorists, drug cartels, economic slowdown. sketch out the scope and scale of this and violent rebellions. The third is there are sufficient budg- problem: First, Mr. Bolton stated that ‘‘The etary resources to address tax fairness The worldwide proliferation of small United States will not join consensus problems. arms—this includes shoulder-mounted on a final document that contains It is important to realize that the missiles, assault weapons, grenade measures contrary to our constitu- major tax legislation just enacted rests launchers, and high-powered sniper ri- tional right to keep and bear arms.’’ on a very sound foundation. It should fles—is a staggering problem today. As the Post’s editorial points out, not be dismissed, it should not be ob- Right now there are an estimated 500 ‘‘No such measures appear in the draft fuscated, and it should not otherwise million illicit small arms and light documents before the conference.’’ be distorted by budgetary dema- weapons in circulation around the Why, exactly, did he do that? goguery. Let us not forget that revenue globe. I believe not only is Mr. Bolton is not an abstract notion. Revenue re- In the past decade alone, an esti- wrong in his assertion about the con- flects the sum total payments to Wash- mated 4 million people have been killed nection between the Second Amend- ington by hard-working men and in civil war and bloody fighting, many ment and the work of conference, but women. It is not abstract when paid of them with these same small arms. in any case Mr. Bolton’s position on and should not be treated as an entitle- As a matter of fact, 9 out of 10 of the Second Amendment is in direct ment by those of us fortunate enough these deaths are attributed to small contradiction to decades of Supreme to be sent here to make policy deci- arms and light weapons. According to Court precedent. sions to represent the folks back home. the International Committee of the Not one single gun control law has We have a very good tax bill. Our Red Cross, more than 50 percent of the ever been overturned by the Court on challenge is to make sure that those in 4 million people killed—that is 2 mil- Second Amendment grounds. Congress who want to spend more lion people—are believed to be civil- Contrary to the constant claims of money and do not like giving the peo- ians. The sheer volume of available the NRA, the meaning of the Second ple back their money—we are intent weaponry has been a major factor in Amendment has been well-settled for upon keeping this reduction of revenue the devastation witnessed in recent more than 60 years—ever since the 1939 coming into the Federal Treasury, not conflicts in Angola, Cambodia, Liberia, U.S. Supreme Court ruling in United because we are concerned about the Mozambique, Rwanda, Sierra Leone, States v. Miller. In that case, the de- taxpayers, but because if those tax- Somalia, Sri Lanka, and Afghanistan, fendant was charged with transporting payers spend that money, it is going to as well as the sort of violence endemic an unregistered sawed-off shotgun do more economic good and turn over to narcotrafficking in Colombia and across state lines. In rejecting a motion to dismiss the the economy, create more jobs and Mexico. These conflicts undermine the case on Second Amendment grounds, more wealth than if I spend it as a regional stability, and they endanger the Court held that the ‘‘obvious pur- Member of the Senate. the spread of democracy and free mar- kets around the world. pose’’ of the Second Amendment was I yield the floor. The United Nations and the Red ‘‘to assure the continuation and render The ACTING PRESIDENT pro tem- Cross estimate that more than 10 mil- possible the effectiveness’’ of the pore. The Senator from California. lion small arms and light weapons, ‘‘state Militia.’’ Because a sawed-off Mrs. FEINSTEIN. Mr. President, I ranging from pistols to AK–47’s to hand shotgun was not a weapon that would ask unanimous consent to speak for ap- grenades to shoulder-launched mis- be used by a ‘‘state Militia’’, like the proximately 20 minutes in morning siles, are today in circulation in Af- National Guard, the Second Amend- business. ghanistan where the terrorist organiza- ment was in no way applicable to that The ACTING PRESIDENT pro tem- tion of Osama bin Laden is based. case, said the Court. pore. Without objection, it is so or- The United Nations estimates that If a sawed-off shotgun is not pro- dered. over 650,000 weapons disappeared from tected by the Second Amendment, why July 16, 2001 CONGRESSIONAL RECORD — SENATE S7663 does the Administration seem to be the interactions between the legal In my view it is clearly in the U.S. taking the position that the Second trade and the illegal trade. interest to see that those standards are Amendment protects the international In fact, there is good evidence of an replicated by the world community. trafficking of shoulder-launched mis- increased incidence of U.S. manufac- Mr. Bolton’s statement is fulsome in siles? tured weapons—legally manufactured its praise of U.S. brokering regula- If an American citizen cannot freely and legally traded or transferred—flow- tions. Why do we not want to see oth- transport a sawed-off shotgun across ing into the international black mar- ers rise to the same standards? state lines, why can’t we work to stop ket. Mr. Bolton’s statement cites U.S. the international transportation of In April, 1998, for example, The New regulations governing the transfer of grenade launchers and high powered, York Times reported that the United military articles of U.S. origin and military sniper rifles? States had to rescind pending licenses U.S. exports of small arms and light This second amendment argument for sale of U.S. firearms to the United weapons. simply makes no sense, and has no Kingdom based on the European Union Instead of going it alone—with lim- place in this debate. practice allowing retransfer of guns be- ited success even when it comes to Second, Mr. Bolton’s opening state- tween EU members without review or some of our closest allies, like the ment attacked language that calls on oversight. United Kingdom, as the example I cited governments to ‘‘seriously consider’’ In 1999 the State Department stopped above indicates—shouldn’t we be work- curtailing ‘‘unrestricted sales and own- issuing licenses from the U.S. to deal- ing to see to it that the rest of the ership’’ of arms specifically designed ers in Venezuela because of concern international community adopts simi- for military purposes. that many of the guns—legally ex- lar standards? I think so. So Mr. Bolton essentially objected to ported and sold—were in fact ending up In approaching the United Nations even considering merely curtailing the in the hands of narco-traffickers and Conference, the U.S. government ‘‘unrestricted sales and ownership’’ of guerrillas in Colombia. should negotiate and support making military weapons. In 2000 and to date in 2001, the ATF the trafficking of small arms traceable, In point of fact the United States al- has processed more than 19,000 trace re- strengthen international regulations of ready curtails the sale and ownership quests from foreign countries for fire- transfers, bolster rules governing arms of many of these guns. arms used in crimes: 8,000 of these guns brokers, and eliminate the secrecy that The National Firearms Act, for in- were sold legally in the United States. permits thousands of weapons to fuel stance, places severe restrictions on So they are sold legally and they get crime and war without anyone’s knowl- the manufacture and possession of ma- into the black market and they become edge of their source. chine guns, sawed-off shotguns, gre- part of a crime. We should be taking the lead on this nades, bombs, rockets, missiles, and In 1994, Mexico reported 3,376 ille- issue based on our foreign policy and mines. gally acquired U.S.-origin firearms. national security interests, not taking We also passed the 1994 assault weap- Many of these weapons were originally the NRA line based on domestic polit- ons ban, which stopped the production sold legally to legitimate buyers but ical considerations. of semi-automatic, military-style as- then transferred illegally, to many And U.S. leadership should ensure sault weapons. Mexican drug cartels. Between 1989 and that the Conference is the first step, These firearms have no sporting pur- 1993, the State Department approved not the last, in the international com- pose, and our laws recognize that fact. 108 licenses for the export of $34 million munity’s efforts to control the spread Yet these guns contribute enormously in small arms to Mexico, but it per- of small arms and light weapons. The problem is you cannot look at to terrorist threats, drug cartel vio- formed only three follow-up inspec- the illicit trade of small arms and light lence, and civil strife throughout the tions to ensure that the weapons were weapons, which is killing millions upon world. delivered to and stayed in the hands of millions of people, 50 percent of them Congress has already recognized that the intended users. innocent civilians, without increasing curtailing the use of military-style According to the South African Insti- the transparency of the legal market weapons is reasonable, appropriate, and tute for Security Studies, an estimated because so many of these weapons go even life-saving. To now object to a 30,000 stolen firearms—again, firearms from the legal market into the black clause that would call upon other gov- originally manufactured and traded, ernments around the world to do the market—the illicit market. sold or transferred in a legal manner— I yield the floor. same is nonsensical at best, and under- enter the illegal marketplace annually The PRESIDING OFFICER (Mr. mines U.S. security interests—and the in South Africa. BINGAMAN). The Senator from Arizona. lives of U.S. military personnel—at Given this undeniable connection be- Mr. KYL. Mr. President, I ask con- worst. tween legal sales and illicit trade, the sent to speak in morning business for 5 Next, Mr. Bolton stated that the approach suggested by Mr. Bolton to minutes, and following my remarks, United States would ‘‘not support the Conference—that it should only ad- the Senator from Washington speak. measures that would constrain legal dress one part of the equation while ig- The PRESIDING OFFICER. Without trade and legal manufacturing of small noring the other, appears to me to be objection, it is so ordered. arms and light weapons.’’ That may be untenable. Mr. KYL. Mr. President, I first thank legitimate read on its face. People can I would also suggest that certain the Senator from Washington State for understand that. measures which may be seen by some her kindness letting me speak next. I Although it is my belief that the as constraints on legal manufacture hope to make an appointment in my of- United States is not the biggest con- and trade—such as international agree- fice. I will cut my remarks short and tributor to the problem of the global ments for the marking and tracing give a summary and put the remainder proliferation of small arms and light small arms and light weapons, or see- in the RECORD. I appreciate her gen- weapons—the United Nations has found ing that there are international regula- erosity and that of the Senator from that almost 300 companies in 50 coun- tions governing the activities of arms West Virginia. tries now manufacture small arms and brokers—are in fact wise policy. The PRESIDING OFFICER. The Sen- related equipment—in 1999 the U.S. li- Mr. Bolton also stated: ator from Arizona. censed for export more than $470 mil- Neither will we, at this time, commit to f lion in light military weapons. begin negotiations and reach agreements on With the average price of $100–$300 legally binding instruments, the feasibility CONFIRMATION OF NOMINEES per weapon, this represents a huge vol- and necessity of which may be in question Mr. KYL. We started this session of ume of weapons. and in need of review over time. Congress, I think, on a fairly high note The problem is that in addressing the Yet, as Mr. Bolton himself points out of bipartisanship. While there have issue of the international proliferation in his statement, the United States has been some recent events that may have of small arms and light weapons one some of the best laws and regulations detracted from that, I think most of us cannot simply address the illicit side of on the books regarding the sale and would like to proceed with as much bi- the equation without also looking at transfers of light weapons. partisanship as possible. Part of this, S7664 CONGRESSIONAL RECORD — SENATE July 16, 2001 of course, concerns relationships be- act on those nominees who have been There being no objection, the mate- tween the Congress and the President. before us for a long period of time, and rial was ordered to be printed in the Since the majority in the Senate and we should expedite those who have RECORD, as follows: the President are of different parties, come before us, even fairly recently. It BUSH ADMINISTRATION NOMINEES PENDING that may be a little more difficult, but should be our goal that by the time we SENATE ACTION I have a suggestion today which I hope conclude our work in July and return AGRICULTURE will enable us to move in that direc- to our States for the August recess, Thomas C. Dorr, Undersecretary for Rural tion. that all of the nominees who have Development. The President has a number of nomi- come to the Senate, except maybe in Hilda Gay Legg, Administrator, Rural nees, executive branch nominees, there the last couple of days before that pe- Utilities Services. are a few legislative branch nominees riod of time, will have been cleared; Mark Edward Rey, Undersecretary for Nat- ural Resources and Environment. that require our actions, and then that is to say, they will have had their there are some judicial nominees. I hearings, come out of committee, and COMMERCE hope in a real spirit of bipartisanship been acted upon by the full Senate. Samuel W. Bodman, Deputy Secretary of we can get those nominees cleared; Commerce. Very few of them are controversial, as David Sampson, Assistant Secretary for that is to say, the Senate can confirm I go down the list. Economic Development. the President’s nominations and the I do note in a couple of cases nomi- Michael J. Garcia, Assistant Secretary for personnel that he needs in the execu- nees are being held up by Senators—ac- Export Enforcement. tive branch to get his work done, and tually in four or five cases. A couple of William Henry Lash III, Assistant Sec- that we can confirm the judges the those are being held up by Republicans, retary for Market Access and Compliance. courts need. These are people who need James Edward Rogan, Undersecretary for and a few more are being held up by Intellectual Property and Director of the to be put into place so our country can Democrats. I am going to urge my Re- United States Patent and Trademark Office. move forward for all of the American publican colleagues to cooperate so the DEFENSE people. concerns they have expressed can be Up until last week, unfortunately, Jack Dyer Crouch II, Assistant Secretary dealt with and the nominees can move for International Security. the Senate had been acting at a rel- forward. I hope my Democratic col- Stephen A. Cambone, Principal Deputy Un- atively slow pace. I might also add the leagues will do the same on their side dersecretary for Policy. change from the majority to the mi- of the aisle. I think it is important Susan Morrisey Linvingstone, Undersecre- nority, and vice verse, undoubtedly that while a Member of the Senate may tary of the Navy. complicated this, but we were not mak- Alberto Jose Mora, General Counsel, Navy. put a technical hold on a nomination, Michael Parker, Assistant Secretary for ing very good progress. we all appreciate all that means is that Last week, I note that 54 nominees Civil Works, Army. they have requested to be notified if John Stenbit, Assistant Secretary for were confirmed by the Senate. In fact, the majority leader is going to call Command, Control, Communications & In- 36 were confirmed just last Thursday. that nominee up for a full Senate con- telligence. So we are finally beginning to make sideration so that Senator will then Ronald M. Sega, Director, Defense Re- some progress. I urge my colleagues to have an opportunity to object. Obvi- search and Engineering. continue this progress because, by my Joseph E. Schmitz, Inspector General. ously, we do not want to put Members Michael L. Dominguez, Assistant Sec- count, there are 93 executive branch in that position, but I do think it is im- nominees pending as of today. Only 26 retary (Air Force) for Manpower, Reserve Af- portant for the full Senate to be able to fairs. have had hearings. But as we know, it work its will on these nominees. That Nelson F. Gibbs, Assistant Secretary (Air does not take too much for the com- is why I am going to ask both Repub- Force) for Installations & Environment. mittee work to follow shortly after a licans and Democrats, where they have H.T. Johnson, Assistant Secretary (Navy) hearing so the nominees can actually a problem with somebody, to try to for Installations & Environment. come to the Senate for full debate and Mario P. Fiori, Assistant Secretary (Army) work that out with the administration for Installations & Environment. confirmation by the full Senate. so we can proceed. As of today, according to the admin- EDUCATION Finally, last week I worked with the istration’s figures, approximately 347 Carol D’Amico, Assistant Secretary for Vo- distinguished majority leader and the nominees have come to the Senate, and cational and Adult Education. assistant majority leader in ensuring only 187 have been confirmed. So we Brian Jones, General Counsel. we could both bring the appropriations Laurie Rich, Assistant Secretary for Inter- still have a fair amount of work to do. bills that we have to deal with to the governmental and Interagency Affairs. In terms of judicial nominees, my un- Senate floor and to get these nominees Robert Pasternack, Assistant Secretary derstanding is that there are 29 nomi- done at the same time. There is noth- for Special Education and Rehabilitative nations pending, 3 of which have had Services. ing to prevent us from bringing an ap- hearings. Of those, 20 are circuit court Joanne M. Wilson, Commissioner, Reha- propriations bill to the floor and then nominees, 9 are district court nomi- bilitation Services Administration. toward the end of the day, for those nees. The bottom line with regard to ENERGY nominees that do not require debate the courts is that as of today, no cir- Dan R. Brouillette, Assistant Secretary for and rollcall vote, having them consid- cuit or district court judges have been Congressional and Intergovernmental Af- ered in the wrap-up. confirmed this year. We are, of course, fairs. now past the midway point of this I will continue to do that because it Theresa Alvillar-Speake, Director, of Mi- nority Economic Impact. year. is my expectation that we will not We are going to have to get going. have to use the rules of parliamentary HEALTH AND HUMAN SERVICES Again, I do not want to point any fin- procedure that we all have available to Wade F. Horn, Assistant Secretary for gers in the spirit of bipartisanship us to hold up business of the Senate in Family Support. Kevin Keane, Assistant Secretary for Pub- which I am invoking here today. I am order to get these nominees done since they are the top priority; that we can lic Affairs. hoping Republicans and Democrats in Janet Hale, Assistant Secretary for Man- the Senate and the administration can actually do both at the same time. agement and Budget. work very closely together. That is my request of the majority Alex Azar, III, General Counsel. What I would like to do, and I will do leader and of the assistant majority Janet Rehnquist, Inspector General. at the end of my remarks, is submit for leader—to continue to work in that Josefina Carbonell,Assistant Secretary for Aging. the RECORD the names of the nominees spirit moving forward both with the appropriations bill and with the nomi- Joan E. Ohl, Commissioner, Administra- who are pending. I was going to read tion for Children, Youth and Families. the names of the people who are cur- nees. I will have more to say about this HOUSING AND URBAN DEVELOPMENT rently pending, but I do not need to do later. Michael Minoru Fawn Liu, Assistant Sec- that. I will submit those for the I ask unanimous consent that the retary for Public and Indian Housing. RECORD. But I would note some of these names of the nominees who are cur- Melody H. Fennel, Assistant Secretary for have been pending going back to the rently pending be printed in the Congressional and Intergovernmental Af- month of April. Clearly the Senate can RECORD. fairs. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7665

JUSTICE Jon M. Huntsman, Deputy USTR. Paul G. Cassell, U.S. District Court, Dis- Ralph F. Boyd, Jr., Assistant Attorney Mark B. McClellan, Member, Council of trict of Utah. General for Civil Rights. Economic Advisors. John D. Bates, U.S. District Court, District Deborah J. Daniels, Assistant Attorney Allen Frederick Johnson, Chief Agricul- of the District of Columbia. General for the Office of Justice. tural Negotiator, USTR. Reggie B. Walton, U.S. District Court, Dis- Thomas L. Sansonetti, Assistant Attorney John Walters, Director, Office of Drug Con- trict of the District of Columbia. General for Environment & Natural Re- trol Policy. Michael P. Mills, U.S. District Court, sources. AGENCIES Northern District of Mississippi. Robert D. McCallum, Jr., Assistant Attor- Robert E. Fabricant, General Counsel, James E. Gritzner, U.S. District Court, ney General for the Civil Division. EPA. Southern District of Iowa. Eileen J. O’Connor, Assistant Attorney Hector Baretto, Administrator, Small Mr. KYL. Mr. President, I will con- General for Tax Division. Business Administration. tinue to work with the majority and Sarah V. Hart, Director, National Institute Roger Walton Ferguson, Governor, Federal minority leaders to ensure that we can of Justice. Reserve System. consider these nominees. Richard R. Nedelkoff, Director of the Bu- Jeffrey R. Holmstead, Assistant Adminis- trator for Air and Radiation, EPA. The PRESIDING OFFICER. The Sen- reau of Justice Assistance. ator from Washington is recognized. J. Robert Flores, Administrator, Office of George Tracey Megan, III, Assistant Ad- Juvenile Justice and Delinquency Preven- ministrator for Water, EPA. Ms. CANTWELL. Thank you, Mr. tion. Eduardo Aguirre, Jr., First Vice President President. James W. Ziglar, Commissioner, Immigra- & Vice Chair, Export-Import Administration. f tion and Naturalization Service. Cari Dominguez, Chairwoman, Equal Em- John W. Gillis, Director, Office for Victims ployment Opportunity Commission. REGULATION OF ENERGY of Crime. Harvey L. Pitt, Chairman, Securities and MARKETS Asa Hutchinson, Administrator, Drug En- Exchange Commission. Ms. CANTWELL. Mr. President, I forcement Agency. Ross J. Connelly, Executive Vice Presi- dent, OPIC. rise today to address an issue of ex- Sharee M. Freeman, Director, Community traordinary importance to the State of Relations Service. Carole L. Brookins, US Executive Director Mauricio J. Tamargo, Chairman, Foreign of the International Bank for Reconstruc- Washington, the Pacific Northwest, Claims Settlement Commission. tion. and the entire west coast. That is the Judith Elizabeth Ayres, Assistant Admin- role of the Federal Energy Regulatory LABOR istrator for International Activities. Commission in regulating our Nation’s Eugene Scalia, Solicitor of Labor. Daniel R. Levinson, Inspector General, energy markets and righting the John Lester Henshaw, Assistant Secretary, GSA. Occupational Safety and Health. Marion Blakey, Chairman, National Trans- wrongs that have been visited upon Emily Stover DeRocco, Assistant Sec- portation Safety Board. ratepayers in the West by runaway en- retary for Employment Training Adminis- John Arthur Hammerschmidt, Member, ergy prices over the last year. tration. National Transportation Safety Board. We are now 22 days into an expedited STATE Donald Schregardus, Assistant Adminis- review process by the Federal Energy trator for Enforcement. John D. Negroponte, Representative to the Regulatory Commission, designed to United Nations. JUDICIARY determine refunds for the unjust and Otto J. Reich, Assistant Secretary for John G. Roberts, Jr., U.S. Circuit Court, unreasonable rates paid by Western Western Hemisphere Affairs. District of Columbia. consumers. Charlotte L. Beers, Undersecretary for Miguel A. Estrada, U.S. Circuit Court, Dis- At the urging of my colleagues from trict of Columbia. Public Diplomacy. the Northwest, Senators MURRAY, Clark Kevin Ervin, Inspector General. Edith Brown Clement, U.S. Circuit Court, WYDEN, SMITH, and myself, FERC fi- Dennis L. Schornack, Commissioner, Inter- Fifth Circuit. national Joint Commission. Priscilla Richman Owen, U.S. Circuit nally recognized the realities of the en- William A. Eaton, Assistant Secretary for Court, Fifth Circuit. ergy markets in the West when they al- Administration. Dennis W. Shedd, U.S. Circuit Court, lowed Pacific Northwest utilities to Fourth Circuit. TRANSPORTATION participate in these proceedings and Roger L. Gregory, U.S. Circuit Court, the expedited review process. But my Allan Rutter, Administrator, Federal Rail- Fourth Circuit. road Administration. Terrence W. Boyle, U.S. Circuit Court, main concern is that in the haste of Kirk Van Tine, General Counsel. Fourth Circuit. putting the California debacle behind Ellen G. Engleman, Administrator, Re- Barrington D. Parker, U.S. Circuit Court, it, FERC will again overlook the search and Special Programs. Second Circuit. Northwest and consumers who have Jeffrey William Runge, Administrator, Na- Deborah L. Cook, U.S. Circuit Court, Sixth been impacted by as much as 50-per- tional Highway Traffic Safety Administra- Circuit. cent rate increases. tion. Jeffrey S. Sutton, U.S. Circuit Court, I am afraid my suspicions were borne TREASURY Sixth Circuit. Michael E. McConnell, U.S. Circuit Court, out last week when the administrative Michele Davis, Assistant Secretary for Tenth Circuit. law judge charged with overseeing this Public Affairs. Sharon Prost, U.S. Circuit Court, Federal refund matter issued his recommenda- Kenneth Dam, Deputy Secretary of the Circuit. tions to FERC, again paying little at- Treasury. Lavenski R. Smith, U.S. Circuit Court, tention to the Northwest problem. It is Peter R. Fisher, Undersecretary for Do- Eighth Circuit. mestic Finance. now up to FERC to determine what to William J. Riley, U.S. Circuit Court, do with the judge’s recommendation. Jimmy Gurule, Undersecretary for En- Eighth Circuit. forcement. Charles W. Pickering, Sr., U.S. Circuit I believe the Commission should Rosario Marin, Treasurer of the United Court, Fifth Circuit. not—and cannot—in the interest of States. Timothy M. Tymkovich, U.S. Circuit fairness ignore the Northwest in its re- Brian Carlton Roseboro, Assistant for Fi- Court, Tenth Circuit. fund calculation. While many of my nancial Markets. Harris L. Hartz, U.S. Circuit Court, Tenth colleagues are well aware of the toll Henrietta Holsman Fore, Director, U.S. Circuit. this crisis has taken on California, Mint. Carolyn B. Kuhl, U.S. Circuit Court, Ninth we—and FERC—cannot disregard the Robert C. Bonner, Commissioner of Cus- Circuit. toms. Richard R. Clifton, U.S. Circuit Court, impact that it has had on Northwest Sheila C. Bair, Assistant Secretary for Fi- Ninth Circuit. citizens, businesses, and communities nancial Institutions. Michael J. Melloy, U.S. Circuit Court, of Washington State. VETERANS AFFAIRS Eighth Circuit. Equitable treatment in this refund Gordon H. Mansfield, Assistant Secretary Richard F. Cebull, U.S. District Court, Dis- proceeding requires that the Commis- for Congressional Affairs. trict of Montana. sion recognize a certain fundamental Claude Kickligher, Assistant Secretary for Sam E. Haddon, U.S. District Court, Dis- truth: That Northwest consumers have Policy and Planning. trict of Montana. Terry L. Wooten, U.S. District Court, Dis- been harmed, and they have been EXECUTIVE BRANCH trict of South Carolina. harmed by unjust and unreasonable John D. Graham, Administrator of the Of- Laurie Smith Camp, U.S. District Court, prices that have prevailed in all energy fice of Information and Regulatory Affairs. District of Nebraska. markets throughout the West—inside S7666 CONGRESSIONAL RECORD — SENATE July 16, 2001 and outside California, and in spot, for- There are innumerable other busi- of those industries I mentioned, will ward, and long-term power markets. nesses that are on the brink as well. lose their jobs. And those children are There are differences between how For example, Georgia-Pacific has concerned they will then lose their California and Northwest utilities shut down its pulp and paper mill in homes when their mothers and fathers manage their obligations to serve con- Bellingham, WA, laying off 420 work- do not have the work to pay their bills. sumers. Thus, FERC should not come ers. Another pulp and paper mill in Our schools have also had to cut cor- up with a one-size-fits-all solution for a Steilacom, WA, has had to idle its ners. The Central Valley School Dis- refund methodology. The basic litmus workforce due to escalating power trict near Spokane, for example, has test should be this: Did power rates prices. had to divert over $200,000, that would meet the commonsense test of reason- Washington’s aluminum industry, otherwise be used to purchase text- ableness? If the answer is no, then the which provides my State with between books, to pay its energy bills. Commission must order refunds. This 7,000 to 8,000 family-wage jobs, has cur- What is more startling is the gravity determination should not depend on tailed a large part of its production of these impacts, and the number of whether the utilities bought energy on anywhere from 6 months to 2 years. Washington residents suffering from the spot market or made their pur- And it is unclear whether those compa- this crisis, is going to continue to chases under long-term contracts. nies will ever resume production at grow. I say that because the Bonneville The Northwest has been hurt by Cali- their current levels given this agree- Power Administration, which provides fornia’s dysfunctional marketplace, ment to shut down. Washington with 70 percent of its and yet we now also risk being hurt be- These companies, which produce a power, will be forced to raise its rates cause we in the Pacific Northwest do large portion of the Nation’s alu- another 46 percent this October. not operate the same way as the Cali- minum, have given up more than 75 It is clear that FERC has an obliga- fornia ISO, when it comes to the issue percent of their power in order to mini- tion to help these people I have just of refunds. We run the risk of being pe- mize the rate increase for the entire re- mentioned, and to help the State of nalized twice. gion. Washington overcome the economic Western consumers have been im- Due to drought conditions and the impacts caused by the California mar- pacted by the havoc unleashed by Cali- cost of purchasing power for irrigation, ket and by a serious drought. FERC fornia’s unstable energy markets and many farmers in the State of Wash- must not only stabilize our market and the apparent gamesmanship of a few ington have also been hurt. They have ensure fair rates in the future, but who have taken advantage of this bro- chosen to forego the planting this sum- must also address past wrongs and the ken power market. mer. harm that has impacted consumers. This topic is of particular concern to Because agriculture is already one of FERC took its first serious step in its the Northwest because, as the crisis the most stressed industries in Wash- June 19 price mitigation order. Given has evolved, FERC has been slow to re- ington, the impacts of the current en- the economic casualties in my State, I spond to the situation in California, ergy situation are particularly dev- believe this action was long overdue. and slower to respond in the North- astating. Many of our irrigators have But it was a positive first step. west. In the refund proceeding, focus- been paid not to farm based on energy The effectiveness of FERC’s price ing solely on California’s spot markets savings compared to the their previous mitigation plan will remain of vital would significantly harm the utilities year’s usage. When irrigators can’t concern to all of us from the West. We of my State and ignore the residual farm, that has ramifications for entire need to remain mindful of what the ef- damage that California has caused in communities and related businesses fects of this California-focused mecha- all of the energy markets throughout such as cold storage, food processing, nism on supply in the Northwest, as the West. and transportation. So the agricultural our region’s peak winter heating sea- What are some of those impacts? impact is being felt broadly in our son approaches. Make no mistake. The pain inflicted by State. But let me address specifically the this crisis has been real on the people The effect on small businesses have issue of refunds and where we are today of Washington State. Over the last been equally harrowing. At a Small in the process. Of particular concern to year skyrocketing energy prices have Business Committee field hearing that me is the fact that, as part of the June caused retail electricity rates to rise in was held in Seattle by the chairman, 19 order, FERC established a 15-day all corners of my State: 20 percent in Senator KERRY, I heard from the presi- settlement conference for participants Clark County, 30 percent in Cowlitz, dent of a steel foundry based in Ta- in California energy markets, and oth- Skamania, and Okanogan counties, 35 coma, which has been in operation ers in the West, to reach agreement on percent in Snohomish County, and 50 since 1899—a company that employs potential refunds for overcharges and percent in the cities of Tacoma and Se- over 350 people. In the face of this cri- settlement of California’s unpaid ac- attle. Even as these utilities have sis, this plant, with a very aggressive counts. passed on rate increases to consumers, approach, reduced its power consump- As has been the case throughout this some have been forced to issue hun- tion by over 20 percent. At the same crisis, the order was initially silent on dreds of millions of dollars’ worth of time, the foundry has increased its effi- the issue of relief for the Pacific North- bonds to cover the cost. Seattle, for ex- ciency and will actually produce more west. It was only after the intervention ample, normally spends $100 million steel this year. But despite this ex- of a bipartisan group of Northwest Sen- per year on purchasing power. This traordinary effort to reducing energy ators that FERC amended its order year the city spent over $450 million to consumption, the company’s power clarifying that Northwest parties keep the lights on—and that is just in bills are 60 percent over what it was would also participate in those discus- the first 6 months of the year. the year before, virtually eliminating sions. While the utility in its first 98 years any profits and already forcing a hand- But the 15-day settlement window of history issued a total of only about ful of layoffs. In the words of the com- has now closed and no agreement has $1 billion in bonds, it is having to issue pany’s president, any further rate in- been reached—for consumers in either $700 million in debt this year alone to crease will mean that the foundry will Washington State or California. As I pay for its purchased power bills. A have to close its doors. have mentioned, the administrative number of Northwest utilities have This crisis has a very human face. law judge made his recommendation even had their bond ratings down- The LIHEAP caseload in the State of last week on how to proceed. He was graded as a result of this crisis. Washington is expected to grow 50 per- mostly silent on the issue of relief for Indeed, the economic impacts on cent this year. I have heard from many the Pacific Northwest. It should also be Washington have already begun to take senior citizens who can’t afford to light noted that, to the extent the rec- root. Energy-intensive industries such their homes at night and will be mak- ommendations did comment on our as aluminum smelting and pulp and ing hard choices later this fall and win- concerns, it was not factually correct. paper industries have been driven to ter about heating their homes and buy- While the recommendations said Pa- the brink of collapse, and layoffs al- ing food. I have visited children who cific Northwest parties ‘‘did not have ready number in the tens of thousands. are worried that their parents, in some data on what they were owed, nor an July 16, 2001 CONGRESSIONAL RECORD — SENATE S7667 amount of refunds due them,’’ it is a ahead to a quarter or two or even curtail their loads rather than to ven- matter of public record that a group of longer. ture into the market. Northwest utilities—net purchasers in But these contracts have been closely I mentioned various of those efforts the West’s dysfunctional power mar- affected by the skyrocketing spot mar- earlier in my remarks about the alu- kets—submitted a claim for $680 mil- ket prices in California. It is thus abso- minum industry. Bonneville and the lion, as well as documentation and a lutely crucial, for the purposes of its Northwest customers it serves have proposed methodology for calculating refund proceeding, that the FERC rec- been victims of the power crisis those refunds. ognize that power prices throughout touched off by this experimentation in That notwithstanding, this is a si- the West—and not just in spot mar- partial deregulation, which has created lence the Commission itself cannot, in kets, but in these forward contracts as this dysfunctional market. the interest of fairness, sustain. FERC well—are unjust and unreasonable. In conclusion, it is important that must seek an equitable solution for the Washington State’s prices have moved the Commission act fairly and that my Northwest. In order to do that I believe in lockstep with the spot market State’s utilities not be penalized for it is critical that FERC recognize some prices. sales into California when they have fundamental differences between the In its June 19 order, the Commission been forced to purchase power at a Northwest and California energy mar- itself commented on this, stating that similar unjust and unreasonable rate. kets—and that fundamental fairness there is a ‘‘critical interdependence It is very important that the Com- requires that refunds go to customers among prices in the ISO’s organized mission work toward a solution that in California and the Northwest. spot markets, the prices in the bilat- gives the Northwest refunds, just as it First, FERC needs to recognize that eral spot markets in California and the is promising to do in California. FERC most Northwest participants in the rest of the West, and the prices in for- must work towards a comprehensive California markets are load-serving ward markets.’’ settlement that addresses the claims of utilities. These load-serving utilities So the Commission itself has recog- both California and the Northwest. In are responsible for a very small per- nized the relationship between these order to reach an equitable solution, it centage of the power sold into the Cali- prices. Indeed, when one compares for- must acknowledge the fundamental fornia market—certainly no more than ward contract prices in the Northwest differences in the two markets. I be- 4 percent—and they are clearly not the with spot market rates both within the lieve a fair outcome requires FERC to parties that broke the market. Fur- region and in California over the last take a few simple steps. First, FERC must recognize an ines- ther, many in the Northwest, espe- year, they show a correlation of more capable commonsense conclusion: that cially the Bonneville Power Adminis- than 80 percent on a monthly average all Western power markets have been tration, have been partners in helping basis; that is, forward prices in the dysfunctional for quite some time. The solve the California problem by keep- Northwest have moved in tandem with Commission’s duty under the Federal ing the lights on during emergencies, California’s prices, which the Commis- Power Act is to ensure just and reason- at costs to the Northwest that cannot sion has deemed unjust and unreason- able rates in all markets at all times. necessarily easily be quantified—par- able. It is these forward prices that I urge the Commission to act in accord- ticularly when one takes into account have largely driven the rate increases ance with section 309 of the Power Act the Northwest’s endangered species and in the Northwest. in doing this. It is clear, then, that any FERC re- salmon issues, and the delicate balance Second, power prices have been un- we work hard to achieve. Every time fund order that seeks to treat all West- just regardless of the type of market we generate power, it is quite a deli- ern participants fairly, as the Power which the Northwest operates in. The cate balance. Act says it must, must recognize the fact is, we in the Northwest have a dif- Unlike power marketers or merchant relationship between spot markets and ferent market than California, and generators, Northwest utilities operate forward markets. FERC simply cannot use the same for- Simply put, any refund policy must under a statutory obligation to meet mula when calculating refunds for our not disadvantage the utilities in the all their customers’ electricity needs. consumers. It must take into account Northwest because of the contractual Further, our region’s power supply is both forward and long-term contracts. mechanism they have used to acquire essentially based on hydropower. A full Those utilities that can, using this power. 78 percent of Washington state’s gen- methodology, demonstrate a legiti- Let me just touch on the case of BPA eration comes from hydropower. As has mate complaint should receive refunds. been made painfully clear by this because I mentioned it earlier. Third, FERC must not leave the year’s drought—which has amounted to Throughout this crisis, BPA has re- Northwest behind. Northwest utilities the second worst year of drought on sponded to the California ISO’s urgent must be allowed to plead their case record in the history of our State—the calls for power supply when the State during the upcoming evidentiary hear- vagaries of hydroelectric production was teetering on the edge of rolling ing. require that our utilities make other blackouts. In fact, on three separate Finally, repayments of amounts due wholesale power purchases to meed occasions, the Department of Energy to the Northwest for sales into Cali- load. In keeping with reasonable util- issued emergency orders directing Bon- fornia must be an integral part of any ity planning practices, these compa- neville to sell power into the State of refund calculation. nies buy a portfolio of products of California. It should also be noted, I call on the FERC Commissioners to varying duration. however, that California entities have incorporate these principles into a re- This points to a second, fundamental yet to repay BPA for about $100 million fund policy for the Northwest. It is in- difference between the Northwest and of these transactions. disputable that the Northwest has been California markets: Whereas California As one of these entities has entered harmed. Now it is up to FERC to take utilities were forced, under the State’s into bankruptcy, it remains question- the action to mitigate those damages restructuring law, to make all of their able how the Northwest will ever re- and to repay the consumers in Wash- purchases in a centralized hour-ahead ceive this $100 million repayment. ington State. or day-ahead market, we have no such Meanwhile, BPA has at times drawn The PRESIDING OFFICER. The Sen- centralized market in the Northwest. down its reservoirs, arguably compro- ator from West Virginia is recognized. While we do have very short-term bi- mising the reliability of Northwest f lateral markets, our utilities have tra- power system to aid California. So ditionally only used these to balance while BPA has sold into the California THE GREAT COMPROMISE the difference between forecasted and spot market, it has actually been a net Mr. BYRD. Mr. President, 214 years actual loads, streamflows, weather con- purchaser during the crisis, when one ago today, on July 16, 1787, the mem- ditions, and other similar factors. takes into account its forward con- bers of the Constitutional Convention Unlike the California ISO market, tracts. And when faced with the vola- agreed to what is known as the Great the Northwest utilities rely heavily on tile energy prices throughout the West, Compromise. Edmund Randolph, on ‘‘forward’’ or long-term contracts that Bonneville earlier this year made the May 29, 1787, had introduced the ‘‘Vir- last for periods varying from a month difficult decision to pay consumers to ginia Plan’’, drafted by James Madison, S7668 CONGRESSIONAL RECORD — SENATE July 16, 2001 which provided for a Senate and a of wisdom and learning, grace and dig- in framing the Constitution, according House of Representatives and would re- nity—not since the Roman Senate had to Madison, was the question of wheth- place the unicameral legislature under gathered and been observed by Cineas, er States should be represented in Con- the Articles of Confederation. Ran- the Ambassador of Pyrrhus, King of gress equally or on the basis of popu- dolph had described the plan as de- Epirus, who visited the Roman Senate lation. The question was far from aca- signed to promote ‘‘peace, harmony, at the behest of Pyrrhus. demic. The small States feared that happiness, and liberty.’’ Under the Vir- Cineas, the philosopher, was charged they would be swallowed up in a more ginia plan, both Houses of Congress by Pyrrhus to present a peace proposal centralized union; The Constitution would be apportioned by population, an to the Roman Senate. Cineas had must be acceptable to the small States, arrangement that would favor larger brought with him bribes for Roman as well as to the large States. The states like Virginia, the State of Penn- Senators. He had brought with him large States of Virginia, Massachu- sylvania, the State of Massachusetts. rich robes for the wives of Senators. setts, and Pennsylvania were looked On June 15, William Patterson had But he had found no takers—none. upon by the smaller States with fear countered with the ‘‘New Jersey’’ plan, Cineas was impressed. The sight of this and distress. The small States feared which was really a series of amend- great city, the city of Rome of the that a Congress based on population ments designed to strengthen rather seven hills, its austere manner, and its would be dominated by the large than replace the Articles of Confed- patriotic zeal, struck Cineas with ad- States. Virginia would have 16 times as eration. Its supporters, representing miration. When he had heard the delib- many votes as would Delaware. And the smaller States, worried that the erations of the Roman Senate and he this fact led New Jersey’s Delegates to Virginia Plan went too far in creating had observed its men, he reported to declare that they would not be safe to a central government and that it would Pyrrhus that here was no mere gath- allow Virginia to have such power. diminish the power of the individual ering of venal politicians, here was no They rejected the Virginia Plan, which haphazard council of mediocre minds, States. However, the Delegates re- had been presented by Gov. Edmund but, in dignity and statesmanship, jected the New Jersey Plan and com- Randolph, and they proposed a Con- mitted themselves to the creation of a veritably ‘‘an assemblage of kings.’’ How fortunate to have been one of gress with a single legislative chamber new form of government. in which the States had an equal vote, The smaller States had lost the first the members of the Constitutional as had been the case with the Congress battle, but they had enough votes to Convention. Never before or after, under the Articles of Confederation. keep the Convention from succeeding, since conclaves on Mount Olympus, at- tended by the ‘‘gods of Greece’’ in The Continental Congress had been a unless it was agreed that the new gov- single chamber. It was followed by the ernment would firmly protect their Rome, has there been a gathering like it. From Virginia alone, there were Congress under the Articles of Confed- rights, the rights of the smaller States. eration in 1781, again a unilateral legis- They demanded the same equality of George Washington, James Madison, lative branch. It was the legislative, it the States that had existed under the George Mason, Edmund Randolph. was the executive, and to a degree it Articles of Confederation. On July 1, From Massachusetts, there were El- was the judicial—all in one. There was the Convention split 5 to 5 on the issue. bridge Gerry and Rufus King. From no chief executive, no president, no The Georgia Delegates were split and Pennsylvania, there were James Wil- king, in the form of an individual. Con- did not vote. This tie represented a son, Benjamin Franklin, and the man gress was the executive under the Con- deadlock between the conflicting de- with the peg leg, Gouverneur Morris. And from New York, there was the federation. mands of the larger and smaller States. There had been days and weeks of When the Convention recessed to cel- great Alexander Hamilton—small in prolonged and acrimonious debate, but ebrate the Fourth of July, the Dele- stature but large in wisdom. Here was the issue had not been resolved. There gates appointed a special Committee to a constitutional ‘‘dream team’’ for the solve the dispute. Elbridge Gerry of ages. Fifty-five men, in all, presented were suggestions that the State bound- Massachusetts chaired the Committee their credentials at the Convention, aries should be redrawn so that the which devised a compromise that ap- representing every State, save one— States would all be of roughly the same portioned the House by population and Rhode Island. And with passion and size. Connecticut advanced a proposal, gave the states equality in the Senate. gusto, they had set about devising a initially made by Roger Sherman, call- Inasmuch as the idea for the special plan that would create a new nation. ing for equal representation of States Committee had been proposed by Roger In our own time, in these sometimes in the Senate. This had failed to win Sherman, a Connecticut Delegate, the disgustingly partisan days, many of us support, with James Madison, surpris- ‘‘Great Compromise’’ is also known as are prone to overlook the tremendous ingly, labeling it as unjust. the ‘‘Connecticut Compromise.’’ In pro- physical and mental effort expended in Can you hear the rafters ring? The moting the plan, William Samuel drafting the Constitution. In reading doors were closed. Sentries were at the this short document—here it is, the Johnson of Connecticut explained that door. Nobody outside knew what was Constitution of the United States. I under this arrangement the two Houses going on. Rufus King of Massachusetts hold it in my hand. In reading this of Congress would be ‘‘halves of a had angrily announced that he would short document with its precise and unique whole.’’ not listen to any talk of equal rep- The Great Compromise is one of the careful phrases, it is easy to forget the resentation in the Senate. James Wil- more momentous events in our coun- toil, the sweat, the prayers, the con- son of Pennsylvania maintained that try’s history. Most people are probably cerns, the frustrations, the shouting, the small States had nothing to fear and the argumentation and the think- unaware of it or have forgotten their from the larger States. Whereupon, ing and the pleading and the speeches high school days during which they Gunning Bedford of Delaware retorted, that went into its creation during that should have learned about it. But for ‘‘I do not, gentlemen, trust you.’’ And hot Philadelphia summer. he warned his colleagues that the small the Great Compromise, the course of Progress was so slow that upon one our country’s history might have been States might form a confederation occasion, we will remember that Ben- among themselves, or even find ‘‘some forever altered. jamin Franklin, the oldest man in the Fortunately for us, the men who at- foreign ally of more honor and good gathering, stood to his feet and ad- tended the Philadelphia Convention faith who will take them by the hand dressed the chair in which sat Gen. were some of the ablest and brightest and do them justice.’’ George Washington. He said: leaders of the time, in fact, of any Can’t you sense the tense feeling of Sir, I have lived a long time, and the the moment? Of course, Bedford was time. What a gathering that was. Never longer I live the more convincing proof I see before, since the Last Supper at which that God still governs in the affairs of men. roundly rebuked for his words, but the our Lord sat and broke bread with And if a sparrow cannot fall to the ground threat of foreign alliances hovered those about the table, was there a without our Father’s notice, is it possible above the Convention in the stale and gathering like ths one in Philadelphia, that we can build an empire without our Fa- sticky summer air. There was no air- 214 years ago today. ther’s aid? conditioning, much like it was in this What a gathering that was! Never be- The greatest sticking point, and the Chamber until 1929. That was the year fore had there been such an abundance most threatening that was encountered of the great stock market crash—1929. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7669 That same year, though, air-condi- the first branch ought not to be accord- the public treasury but in pursuance of tioning came to the Senate Chamber. ing to that established in the Articles appropriations to be originated in the Ah, how great it is—air-conditioning. of Confederation’’. In other words, the first branch. According to the second Efforts to resolve this question, this Delegates from the large states suc- recommendation, each State was to nettlesome question ‘‘nearly termi- ceeded in defeating equal representa- have an equal vote in the second nated in a dissolution of the Conven- tion in the lower branch—Ellsworth branch. tion’’—it came just that close. Wash- moved that ‘‘the rule of suffrage in the This compromise proposal was under ington, who kept his thoughts mostly second branch be the same with that debate for 10 days. And you know to himself, confided to Alexander Ham- established by the Articles of Confed- what? Madison hoped for its rejection. ilton in July that he ‘‘almost de- eration.’’ In supporting this motion he But on the morning of July 16, today, spaired’’ of success. Roger Sherman of declared that he was ‘‘not sorry on the 214 years ago, God be thanked for the Connecticut lamented that ‘‘it seems whole that the vote just passed, had de- rising of the sun that morning 214 we have got to a point that we cannot termined against this rule in the first years ago—the whole compromise was move one way or another.’’ branch. He hoped it would become a adopted. But the Delegates finally did settle ground of compromise with regard to But the vote was close. Five states— the question on Monday, July 16, 1787— the second branch.’’ Connecticut, New Jersey, Delaware, there it was—Monday, just as today— Ellsworth later said: ‘‘We were partly Maryland, and North Carolina—had on Monday, July 16, some 2 months national; partly federal. The propor- voted ‘‘aye’’; four states—Pennsyl- after the Convention began. The mat- tional representation in the first vania, Virginia, South Carolina, and ter was finally resolved. branch was conformable to the na- Georgia—had voted ‘‘no’’; while Massa- It may have been a fear of failure tional principle and would secure the chusetts’ four votes were equally di- that led the delegates to settle the large states against the small. An vided. Thus, this momentous question matter, because they knew that the equality of votes was conformable to had been decided by one vote! country’s future was in their hands. the federal principle and was necessary Without the Great Compromise, it is Exhaustion may have played a part, for to secure the small States against the hard to see how the Federal Conven- the members had already spent many large.’’ tion could have proceeded; since the long days and nights in heated debate This conciliatory proposal formed beginning it had been cause for battle. in this vert heated, small Chamber. It the basis of the most important com- The effort to resolve it, Luther Martin may have been because of the heat that promise in the history of this Repub- had written later, ‘‘nearly terminated had tormented them for so long. Or lic—the Great Compromise, probably in a dissolution of the Convention.’’ perhaps the open exchange of opinions the greatest single compromise ever Swords stacked upon swords and in that wrenching but vital process of reached in the history of the human shields upon shields. debating and questioning and argu- race. The Great Compromise. The small states were jubilant over mentation. Franklin had described the Its acceptance was not easily at- the compromise; the large states, Convention as ‘‘groping . . . in the tained. Wilson feared minority rule alarmed, tried to reorganize, recover dark to find political truth’’; perhaps when one-third of the population in their position. The rules of the Conven- they had at last stumbled upon it. In seven States might dominate two- tion would have let them reconsider any event, on that great day, 214 years thirds in six States. Ellsworth insisted the subject, but it was hopeless. The ago, the Delegates agreed that Con- that this fear of minority rule was large states knew that they were beat- gress would be composed of a Senate groundless—groundless. Madison had en, and, after July 17, they let the with equal representation for each considered suggesting that representa- question die. From then on, matters state and a House based on propor- tion in one branch should be computed moved more easily, the little states tional representation. This was the were more ready to meet the big states Great Compromise. That is what it was according to the number of free inhab- and were willing to yield on many called then, and that is what it has itants only and in the other branch ac- questions. They felt safe, and they been called ever since—the Great Com- cording to the whole number, counting were no longer threatened by Virginia, promise. the slaves as if free. Thank God for the Great Com- When Ellsworth’s motion for allow- Pennsylvania, Massachusetts, to them, promise. The Senator from New Mex- ing each State an equal vote in the sec- the towering bullies. Caleb Strong told ico, who is now presiding over this Sen- ond branch was brought to a vote, it his colleagues in Boston that the fed- ate, would not be here were it not for was lost by a tie. This deadlock gave eral Convention had been ‘‘nigh break- the Great Compromise. The people who rise to tense debate. Can you imagine ing up,’’ but for the compromise. Lu- sit at the bar, the officers of the Sen- the tension in that Chamber? We have ther Martin declared in Annapolis that ate, the pages of the Senate, the gal- seen tensions in this Chamber during even Dr. Franklin had only conceded to leries of the Senate, the Democratic the great debate, the great civil rights equality in the Senate when he found whip, Senator REID of Nevada, would debate, the Civil Rights Act of 1964— that no other terms would be accepted. not be here were it not for the Great tension—the North and the South pit- Catherine Drinker Bowen, in her Compromise. I would not be here. None ted against each other, and the great book, ‘‘Miracle at Philadelphia,’’ states of us would be here. Think of that. tensions during the Panama Canal de- that Madison ‘‘in his old age sat down The outcome of the Convention had bates. a clear testimony in letters to his for so many days held by a single The result was the adoption of a pro- friends. The threatened contest in the thread. At the very first session of the posal that a special committee con- federal Convention, he said, had not Convention, when the Delegates pre- sisting of one member from each State turned, as most men supposed, on the sented their credentials, it had been should be appointed to devise and re- degree of power to be granted to the noted that the members from Delaware port some compromise. Three days central government but rather on ‘the were prohibited from changing the Ar- later, on July 5, the committee pre- rule by which the states should be rep- ticle in the Confederation which de- sented two recommendations ‘‘on the resented and vote in the government’. clared that ‘‘in determining questions condition that both shall be generally They questioned ‘the most threatening in the United States in Congress as- adopted.’’ that was encountered in framing the sembled, each state shall have one The first recommendation, in effect, Constitution.’’’ Those were Madison’s vote.’’ Delegates from the small states provided that in the first branch of the words. had declared that ‘‘no modification legislature each state would have one Mr. President, we should thank Prov- whatever could reconcile the smaller Representative for every 40,000 inhab- idence for this miraculous document. States to the least diminution of their itants, counting three-fifths of the Let me hold it again in my hand. There equal sovereignty.’’ They would have slaves; and that all bills for raising or it is, the Constitution of the United left Philadelphia without accom- appropriating money should originate States. We should thank Providence plishing their goal. in the lower branch and not be altered because Providence had to smile upon After weeks of anxious debate, it had or amended by the second branch; and this gathering of illustrious men. been voted that the ‘‘rule of suffrage in that no money should be drawn from Never had such a gathering of men, a S7670 CONGRESSIONAL RECORD — SENATE July 16, 2001 gathering of superior minds, taken to whom we have not, until now, paid his ‘‘Thoughts On Government.’’ He place anywhere in the world. We should much attention. He was the first Vice distributed these writings to the Fram- thank Providence for this document. President, the person who became our ers at the convention in those critical One thing is clear: Without the Great second President. He was involved from days, and the Framers, I think, were Compromise, the Senate of the United the very beginning with the very dif- wise in reading the words by Adams States would not exist, for this body ficult decisions made by this country. and I think their work, their work was conceived on that day 214 years He spent 7 years of his life in Europe. product, reflected the thoughts of John ago. In Philadelphia, when the Framers He had never traveled at all. He trav- Adams. agreed to an upper house of Congress in eled to Europe, trying to work out One of the great books I have read in which each State—small, like West things during the Revolutionary War. my lifetime was ‘‘The Path Between Virginia, which did not exist then but It is a wonderful story. The Seas’’ by David McCullough, about very surely exists now—would have an Truth is stranger than fiction. As the the Panama Canal. David McCullough equal number of votes, each State Senator from West Virginia has so well was kind enough to send me a copy of would have equal representation. portrayed here today, every day we the book. The Senator who delivered it The Senate is the forum that was should be thankful, in whatever private to me also autographed it. That Sen- born on that day. But for the Great time we have. We should think about ator was Ted Kennedy. So I prize that Compromise, this beloved institution— how fortunate we are to be able to be book. But I thank the distinguished the Senate—to which so many of us part of this Government and especially Senator from Nevada. have dedicated our lives and our hopes to be part of this Senate, which was Mr. REID. Will the Senator yield. and our reputations, our strength and the Great Compromise. I am glad you mentioned Abigail our talents and our visions—might I extend my appreciation to my Adams for the wonderful letters the never have seen the light of day, let friend for reminding us of how fortu- two of them wrote for each other. Here alone played an often pivotal and dra- nate, how blessed we are to be able to he was going to become President of matic role in our national history over be part of this Senate and to represent the United States—he thought. He the course of more than two centuries. the people from the various States we wasn’t quite sure, you will find, as you The Chamber in which we sit today represent. To think, as a result of this get through the book. He wound up owes its existence to that remarkable Great Compromise, we have developed winning that election by three votes instance of compromise and concilia- a country that is certainly imperfect over Thomas Jefferson. tion. but, based on this tiny little docu- The letters from the very beginning, But for that Compromise, no Senator ment—which, by the way, is signed by from Abigail to John, are wonderful. I could wear the great title of Senator. Robert C. Byrd—even though imper- mean, you could put those letters to- It recalls to my mind Majorian, who, fect, is the finest set of standards, the gether—I am sure we have only seen a in the year 457 A.D. when he was made finest country in the history of the few of them that David McCullough se- emperor of the west, said he was ‘‘A world to rule the affairs of men and lected. But they were love letters. prince who still glories in the name of women. These two people were madly in love ‘Senator.’’’ None of us would be here Again I express my deep appreciation with each other from the time they today—the pages who are here, the to the Senator from West Virginia for started writing, when he went away to Presiding Officer, the officers of the tearing at my heart a little bit, recog- do his government stuff, clear across Senate—none of us would be here nizing what a real patriot is. The Sen- the ocean. They would wait months, today. Thank God for the United ator from West Virginia exemplifies sometimes, to get answers to letters States Senate. Thank God for the that. they had written. But I was terribly Great Compromise that was reached by Mr. BYRD. Mr. President, I thank my struck by the letter she wrote to John the Framers on that day so long ago in friend for his observations. Adams when he learned he was going to Philadelphia. He might well have sat in that gal- be President of the United States. In The Romans spoke of the SPQR— lery of men who debated, who dis- this letter she expressed her love for Senatus Populusque Romanus: The agreed, who compromised, who agreed, this man that she couldn’t bear to be Senate and the Roman people. Let us and who wrote that document. He cher- away from, and that they would be to- today, looking back on that great vic- ishes it. He carries it in his pocket. gether soon. tory of our Framers 214 years ago, Yes, I very well remember that occa- So you are absolutely right. John think in those Roman terms about our sion when we went to Philadelphia. Our Adams could not have made it but for own Republic—Senatus Populusque friend, Senator DOMENICI, the Senator Abigail. Americanus. from New Mexico, was there that same Mr. BYRD. Mr. President, I thank Mr. REID. Before the Senator from day. the Senator. West Virginia leaves the floor, I would Mr. DOMENICI. Yes, sir. Mr. DOMENICI. Will the Senator like to say to him I watched most ev- Mr. BYRD. Yes, I remember that day. yield? erything from my office and came to I am glad we three were blessed, among Mr. BYRD. Yes, I am happy to yield. watch the finish. others, in our being able to attend that Mr. DOMENICI. I was present indeed I remind the Senator, when you were celebration in the City of Brotherly at your invitation for that wonderful the Democratic leader, you allowed Love, on that august occasion. event. The reason I rise is to express to this young freshman Senator to go to The Senator’s reference to David you what a great institution the Sen- the 200th anniversary of the Great McCullough reminds me of what a ate is, but the reason I say it to you is Compromise in Philadelphia. We took a great part women have played in the that over time you have, more than train over there. I had just come from creation of this country. Senator REID anyone else here, continually reminded the House of Representatives. It was has mentioned John Adams. John people such as me what a great institu- 1987, as I recall. It was a wonderful ex- Adams’ best friend, his most trusted tion the Senate is. And you know, if perience to do the reenactment. You confident—and that is the way it you are not steeped in history, like I brought back many memories. should have been—was his wife, Abi- wasn’t, or if you really didn’t spend a I say to my friend, the distinguished gail. Walt Whitman said: lot of time other than in normal Senator from West Virginia, presently A man is a great thing upon the earth, and schooling on the constitutional frame- many people in America are thinking through eternity—but every jot of the great- work, then you don’t know about the about the Founding Fathers. The rea- ness of man is unfolded out of woman. heroes of the Senate. You may only son they are doing that is because of I am reading the book also. I have know that the Senate is over there in the great work David McCullough has had three copies given to me, three Washington. But, essentially, when the written about John Adams, the forgot- copies of this new book by David Senator from West Virginia and the ten President. It is on the best seller McCullough, the book titled ‘‘John Senator from New Mexico, about 6 or 7 list. It is a straight history book, very Adams.’’ weeks ago got up on the floor and de- well written. I still have about 70 or 80 He is, to a very considerable extent, bated—I think the Senator from West pages to go. But as I said, he is a man in the shadows. Some years ago I read Virginia wanted 3 hours and got 3 July 16, 2001 CONGRESSIONAL RECORD — SENATE S7671 hours—on the issue of whether the speak to Senator DOMENICI about the very closely together. This bill was al- Budget Act of the United States, a Roman Senate; what a great Senate. ways one of the first to come up. This statute, in this instance, changed the Again, I refer to Majorian, the Em- bill is the second to come up this ap- basic Jeffersonian rules of the Senate peror of the West in 457 A.D. As he was propriations cycle. I have tried—and I or not, which the Senate voted with being made Emperor, he said he was ‘‘a have no doubt, based on my experience this Senator saying it did—50–49 is my prince who still glories in the name of with Senator DOMENICI, that he has recollection—I recall how passionate ‘Senator’.’’ tried—to be as bipartisan as possible on you were about reminding everyone I thank the Senator for his reminis- this bill. Despite the unusual cir- what the rules of the Senate meant to cing time. I also thank the Senator cumstances this year with the shift in the rights of the American people, to from Nevada. I have been blessed by power of the Senate, this tradition has have their issues debated as long as the serving with both of these Senators. continued unabated. My friend, the senior Senator from Senator, under the rules, could get f them debated. New Mexico, and I have, with the tire- Who would have thought that was an ENERGY AND WATER DEVELOP- less efforts of our very professional and important thing, until you figure out MENT APPROPRIATIONS ACT, good staff, produced a bill that we ac- what they really had in mind for the 2002—Continued knowledge is not perfect. But it ad- Senate. The PRESIDING OFFICER. The Sen- dresses the important issues facing our We are a very different institution ator from Nevada. Nation. There are many important than the House. Sometimes we get into Mr. REID. Mr. President, what is the issues we are dealing with in this legis- arguments and deride each other—the matter now pending before the Senate? lation. House does this, the Senate does that, The PRESIDING OFFICER. H.R. 2311. We received 300 more requests than the upper and the lower, whatever the last year on this bill. It is certainly AMENDMENT NO. 980 people say. But the truth is we are tied fair to say that there have been over inextricably to the notion of there Mr. REID. Mr. President, I ask unan- 1,000. Most requests were to enhance being sovereign States that make up imous consent that the substitute new funding for water projects within America. amendment be agreed to, the bill, as the Corps of Engineers, an organization As a Senator, you find a way to tie amended, be considered original text the administration cut by 14 percent in that into the Senate and what we do; for the purpose of further amendment, its budget request this year. We have to the fact that the States have a tre- and that no points of order be waived done in this bill as much as we can on mendous amount of authority and au- by this request. a bipartisan basis to enhance the fund- tonomy in the United States. That is The PRESIDING OFFICER. Is there ing for these water projects. the way it is and should be. You rep- objection? Mr. President, you are a new member resent your State and I represent mine. Without objection, it is so ordered. in the Senate. I think a lot of people In a very real sense, we are permitted The clerk will report. who are new to the Senate and people to do that because of what our Found- The legislative clerk read as follows: outside the Senate would question ing Fathers sacrificed to put the Sen- The Senator from Nevada [Mr. REID] for water projects. Why do we need water ate into this basic governance ap- Mr. BYRD and Mr. STEVENS, proposes an projects? Are these things you throw to amendment numbered 980. proach. a House Member in his district to make Remind us, once again, of our origins (The text of the amendment is print- him or her feel good? These water and how important the Senate is, how ed in today’s RECORD under ‘‘Amend- projects are essential to the country. much it was debated, of the great con- ments Submitted.’’) There is criticism given to the water cern there was, and then to bring it The PRESIDING OFFICER. Under projects. We have added $400 million to current, as you do frequently, remind- the previous order, the amendment is the budget of the Corps of Engineers, ing us of what we are and who we are. agreed to. $64 million to the Bureau of Reclama- I think it requires that somebody from The amendment (No. 980) was agreed tion. way off in New Mexico congratulate to. I wish we could give three times that you for how you do that. Mr. REID. Mr. President, I suggest much to each organization. But with What you had to say about the Sen- the absence of a quorum. these additional funds, we have tried to ate, not just today but over these The PRESIDING OFFICER. The accommodate as many requests and years, will be for however long we exist clerk will call the roll. priorities as possible. and clearly will never be forgotten as The assistant legislative clerk pro- Let me give you a few examples of part of our fabric. ceeded to call the roll. these water projects and why they are I am very pleased to be here as that Mr. REID. Mr. President, I ask unan- important. For the examples that I fabric is woven by the distinguished imous consent that the order for the give, I will be very succinct. There are Senator from West Virginia. quorum call be rescinded. hundreds and hundreds of projects in Mr. BYRD. Mr. President, a long The PRESIDING OFFICER. Without this country that are life-and-death time ago, I was a boy in the coal fields objection, it is so ordered. projects. of southern West Virginia. My coal Mr. REID. Mr. President, this after- One is in the State of Nevada: Flood miner dad bought a fiddle for me. noon we begin consideration for the control. There are people who write all There was a lad in that coal mining Fiscal Year 2002 Energy and Water De- over the country: REID got pork for Las community named Emanuel Manchini. velopment Appropriations Act. The Vegas; flood control. People think: It I remember that little boy and his fam- legislation we take up today was re- never rains in Las Vegas. It rains 4 ily. In those coal camps were Hun- ported unanimously from the full Com- inches a year in Las Vegas—4 inches a garian families, Czechoslovakians, Ger- mittee on Appropriations last Thurs- year. You can get that much rain in mans, Scotch, Italians, and Greeks. day. other parts of the country in an hour, This little boy, Emanuel Manchini, Before I begin my description of the certainly in a day. But we get 4 inches also had a fiddle. We took lessons to- contents of this bill, I want to share a year in Las Vegas. Yet when it rains, gether at the high school. one strongly felt opinion with my col- it can be devastating because we have So I have often listened to and leagues. It is my opinion, I believe—I what we call cloudbursts. looked at my friend here—this man of have a real suspicion that Senator Now we have 1.5 million, 1.6 million Roman stock. My, what a heritage he DOMENICI, the ranking member of the people in that valley. When that rain has. I don’t know where his forbears subcommittee, will agree—that this comes, it is very difficult. I can re- may have originated—whether it was subcommittee has always been among member as a lieutenant governor, we in the Apennines Mountains, or along the most bipartisan in the Senate. were told by the Park Service that we the shore of the Tyrrhenian Sea, or the As I look back over the time that my were going to have to close a little fa- Adriatic or the Po Valleys, or on the role was filled by Bennett Johnston, I cility on the Colorado River, Nelson’s boot of Italy. But there were stalwart know he and Senator DOMENICI had an Landing. It has been there well over 100 people in that Roman Senate. I often outstanding relationship. They worked years. We were going to have to close S7672 CONGRESSIONAL RECORD — SENATE July 16, 2001 it. The Governor assigned me to look Senators MIKULSKI, SARBANES, WAR- projects at appropriate levels. The at that and the complaints we were NER, and ALLEN have aggressively committee is eager to avoid stretching getting. We prevailed on the Park sought money to restore that waterway out schedules and costs on projects Service not to close it. They said we to what it used to be so oysters can be that are already underway. Any new were going to have a 100-year flood. I harvested there and not make people construction starts will have to be con- went and talked to people and they sick. The oyster industry in Maryland sidered in conference. We will do what said they had never known that much and Virginia is huge, but it has not we can at that time. rain coming down that canyon: The been as huge recently because of the A lot of people are very concerned Federal Government, they don’t know condition of that bay. The restoration about things they want to do. I have a what they are talking about. of the beds at relatively low cost, we lot of familiarity with the Bureau of Mr. President, it rained. This isn’t believe, will ultimately generate hun- Reclamation because they have had something I am proud of, but it is dreds of millions of dollars in economic such a big presence in the State of Ne- something that is a fact. It rained. It benefit and jobs. This is a water vada. The very first project in the his- rained in a very small area. It rained project. tory of the Bureau of Reclamation was very hard. But all of that water The Port of Los Angeles: We move called the New Lands Project in 1902. It dumped down this canyon, and people from the Chesapeake Bay 3,000 miles to took place in Nevada. It is still there. looked up and they saw a wall of water the Port of Los Angeles. The adminis- The Senate’s bill provides $884 million, 100 feet high coming at them. It washed tration had made a decision to stretch which is $64 million above the Presi- cars away. It killed seven people. We this out. The problem we have found dent’s request and $67 million above never found the cars and mobile homes with these promises is that even the current year level. that washed away. though it sounds OK, you stretch it out This funding for the Bureau is higher In southern Nevada, again Nelson’s and it winds up costing much more than it has been for many years. It is Landing—but in Las Vegas we have had money. You are better off doing less higher because of CALFED. This is a floods that have been just as dev- projects and doing them well. Congress big project in California. It is a rec- astating. We have not lost at one time has funded this project very aggres- lamation project. The State of Cali- seven lives but we have lost lives. sively and has saved the Federal Gov- fornia has spent billions of dollars on it Caesar’s Palace, this great resort—I ernment 25 percent of the total project already. The House put nothing in the can remember rains that washed away cost and has accelerated the economic bill for that. Senator DOMENICI and I everything in the parking lot. It was put $40 million in this bill for the just washed away as if they were tooth- benefits to California. So these are just four examples of CALFED and CALFED-related picks. projects. The subcommittee has funded The Tropicana-Flamingo Wash in Ne- water projects. But there are many vada is the fastest growing community more. I am happy we have worked to- CALFED-related projects using exist- in the Nation. We have been able to gether with our members, our Sen- ing authorizations under other ac- save lives and huge amounts of prop- ators, and, of course, many requests counts. Senators FEINSTEIN and BOXER erty by virtue of the fact we have flood from people in the House, to do what have both been very tireless advocates control projects going on there as we we could with these projects. for the Bay-Delta Program. Senator speak. It has cost a lot of money, but Even with the additional funding the DOMENICI and I are both delighted to we have saved a lot of lives; and that is committee has added, we are still hun- provide substantial funding. The Department of Energy: We in Ne- for what the Federal Government has dreds of millions of dollars shy of cur- an obligation, to assist local govern- rent year levels. We are also shy of the vada have great familiarity with the ments. There has been local money put House mark. The other body was able Department of Energy. Nevada has in it, too. to artificially raise their numbers for been the place for 50 years where al- The Everglades: I have seen the Ever- the Foreign Bureau by moving defense most 1,000 nuclear devices have been glades. I really do not understand them dollars in these nondefense accounts. set off in the desert—most of them un- because I understand the desert. I un- We cannot do that. Under Senate rules, derground but not all of them. I know derstand aridity. I understand when it we cannot do that. In my opinion, not about the Department of Energy. This does not rain much. I understand out of only the budget resolution but common bill contains over $20 billion for the De- my little home in Searchlight I have sense does not allow us and should not partment of Energy. This is $2.1 billion creosote bushes that are not very tall allow us to move these funds back and over the level of the President’s re- that are 100 years old. They do not forth. quest and $1.9 billion over last year’s grow very much. So I do not really un- But I will say to everyone who is lis- level. Most of this additional funding is derstand the Everglades. I am fas- tening, in the past, the water numbers being used to provide adequate funding cinated by them. But it is water inten- have always gotten better for everyone for the National Nuclear Security Ad- sive. It is as water intensive as the as we have moved along the process; ministration, to enhance funding for desert is not water intensive. that is, we hope we can do a better job the Environmental Management Pro- We have worked hard with the Sen- when we get to conference. There is no gram, and to add funding for the re- ators from Florida on a project-by- guarantee of that, but we will work on newable energy program. project basis to take care of that. It is that. Senator DOMENICI and I have received now a huge priority not only of the Our bill provides about $25 billion in a letter signed by nearly two-thirds of Congress, as it has been in the past, but budget authority and approximately our colleagues calling for more money of the administration. I think part of $24.7 billion in outlays. When you work for renewable energy programs. Our that could be that Jeb Bush is Gov- with Senator DOMENICI, you always bill takes care of that. Our bill pro- ernor. It does not matter. It is an im- have to make sure the outlays are vides $435 million, or $160 million above portant project that the Federal Gov- smaller than the budget authority. the President’s request and $60 million ernment should be involved in—and we This bill exceeds the President’s total above the current year level. In a year are. There is a lot of money in this bill request by $2.6 billion. when our Nation has struggled with en- for the Everglades. Let’s talk about a few of the areas. ergy production and distribution Not far from where we stand is the The Army Corps of Engineers: The Sen- issues, I am pleased to be able to en- Chesapeake Bay. Books have been writ- ate bill provides $4.3 billion, which is hance funding levels for these impor- ten about the Chesapeake Bay. It is a $405 million above the President’s re- tant research and development issues. wonder of nature. But because of the quest but $236 million below the cur- Consistent with the budget resolu- growth that is occurring in this area, rent year level. Due to the funding con- tion, this bill provides $6.1 billion to the Chesapeake Bay has been threat- straints, this bill contains no new con- the National Nuclear Security Admin- ened. The health of that great body of struction starts and no new environ- istration for stockpile stewardship ac- water has been threatened. It affects mental infrastructure projects. tivities. This funding is $705 million Maryland and Virginia very much. The The intent in drafting the bill was to over the President’s request and $1.05 bay is threatened as a natural re- continue to focus on ongoing construc- billion over the current year level. I source. tion and operations and maintenance am only going to speak a little while July 16, 2001 CONGRESSIONAL RECORD — SENATE S7673 about the National Nuclear Security pile. I am going to do everything I can fund, we have done a pretty good job. I Administration, known as NNSA. I to give him the resources he needs to couldn’t ask for more understanding defer to Senator DOMENICI on this sub- do his job. He has a job that is very dif- than I have received from the distin- ject. Senator DOMENICI was the pri- ficult. guished Senator, the chairman of this mary congressional architect of the I am also, of course, holding him ac- subcommittee. creation of the National Nuclear Secu- countable for getting the job done. I I believe our staff has worked to- rity Administration. He worked tire- have been a long-time critic of cost gether, and I hope I have been equally lessly to get it authorized and has been overruns and management incom- considerate and concerned about issues dogged in his pursuit of funding to petence within the weapons complex. I of importance to the good Senator make sure that this important organi- know General Gordon will take these from Nevada. zation gets the resources it needs to enhanced resources and use them to As a result of this effort, we are to- succeed. To his credit, he convinced his get some fresh blood and fresh thinking gether in trying to get this bill passed colleagues on the Budget Committee going on within the Department of En- and get it off to conference and getting that the safeguarding and rehabilita- ergy. these issues resolved as soon as pos- tion of the Nation’s nuclear weapons I am not going to go into more de- sible. Let me say to my good friend, he was was a critical issue that has been tail. I know Senator DOMENICI will underadressed and underfunded in re- speak about this, since this is his so- talking about a flood that occurred in the State of Nevada in one of those dry cent years. Senators BYRD and STEVENS called baby. It has grown up and is rivers where for most of the year no followed up with appropriation re- about to become a teenager. It is some- water runs. But then you have a little sources designed to support the levels thing to which the Senator can speak cloudburst up in the mountains and in the budget resolution. with more authority than I. This morning I spoke to the interns Finally, I am very pleased to report these dry rivers turn into flooded, huge water resources plowing down the hills for Senators LINCOLN and HUTCHINSON that the committee has made great of Arkansas. I don’t know how many strides in restoring and enhancing the right into housing. In our State we call these dry rivers a Spanish name, interns there were—maybe 50—a lot of devastating cuts made in the Environ- ‘‘arroyos.’’ young men and women. One of the mental Management Program at DOE. In my home city of Albuquerque, I young people asked me: What do you This Senate bill provides $7.23 billion, was pleased to serve 4 years as the city think is the most important problem $900 million above the President’s re- councilman, sort of chairman of the facing the world? I thought for a quest and $450 million above the cur- commission, which made me the clos- minute. I said: Nuclear weapons. I real- rent level. The biggest beneficiaries of est thing to a mayor as you could have. ly do believe that with the deterio- these additional clean-up dollars are I remember one Sunday afternoon in rating condition of the former Soviet the Hanford, Washington site, hundreds the year 1968. I was very young. I had Union, Russia’s nuclear stockpile, and of millions of dollars; Savannah River just been on this council as chairman the responsibilities we have, that is a site, almost $200 million, that is in for awhile. It started raining Sunday very important issue. I can’t think of South Carolina; Idaho, over $150 mil- afternoon. I called up one of my good anything more important for my lion; Ohio and Kentucky, tens of mil- friends on the city council who knew grandchildren than to make sure they lions of dollars. more about the details of the streets live in a safe world. As with water programs, I realize and everything else than anybody in One of these weapons that we control there are never enough resources we the city. and certainly one that the Soviet can spend to clean up the legacy of the I called him up and said, ‘‘Harry, this Union controls could accidentally go cold war and other activities, but we rain is coming down in the wrong off. It would be devastating. It would have done our best. places; something is going to happen.’’ make Chernobyl look like nothing. These are some of the highlights, He said, ‘‘Where are you?’’ He picked Chernobyl was just a nuclear reactor from my perspective, of this bill. It is me up and we rode around. Rain kept gone bad. We are talking about a nu- a bill I have learned to like. It is a bill coming down harder and harder, and clear weapon gone bad. I believe that is I have grown to understand. I have these dry rivers started to show a little the No. 1 problem facing the world. We grown to acknowledge the importance trickle. Four hours later, we were have a number of different ways of ad- it has to our country. I hope my col- riding the streets of Albuquerque and dressing it. We have to spend more leagues will realize how hard we have big manhole covers over the tunnels money on terrorism. There are efforts worked on this legislation. that carried water underground to being made for a nuclear shield for this Senator DOMENICI and I would like to avoid floods were standing or dancing country. But what we are talking have a cutoff time for the filing of on the water. The water raised those about in this bill is doing what we can amendments. We tried tomorrow at 11 man holes up 4 or 5 feet and stood them to make our nuclear stockpile safe and and 12, and we have received objections up while the place got flooded. We saw reliable. Our bill spends some money, to that. We are here. If somebody more and more of them. I told my maybe not enough, to work on the Rus- wants to offer amendments, they can friend, ‘‘This is a real problem.’’ He sians to see if we can help them. certainly do that. They have to have said, ‘‘No, things will be all right.’’ Fi- I have to admit, I was a skeptic when offsets or figure out some way to fund nally, 2 hours later, we got a call from Senator DOMENICI and others ap- them because we are down to the nubs. the police chief. He said that in one proached me about the creation of this We have no more money. If people whole piece of our city, maybe as many autonomous organization several years don’t like the way we have worked the as 10,000 homes were under water. They ago. I thought it was a partisan ploy to bill, it is their privilege to come for- had water in the kitchens, close to the maybe embarrass the administration. ward with amendments. tops of the stoves. It was a gigantic But as it turned out, it is working very I do think it would be in everyone’s flow of water that came down these dry well. I have come to believe Senator interest to have a finite list of amend- arroyos. DOMENICI was right. ments filed at an appropriate time. If I remember coming here with a group One of the people who has done a anyone has any suggestions when that of Albuquerqueans. I was city council- good job of convincing me of that is the should be, Senator DOMENICI and I are man then. We appeared before the Pub- person running that agency. We as a open for discussion. lic Works Committee, which had to au- country, as a world, are so fortunate The PRESIDING OFFICER. The Sen- thorize the project after which it went that a retired general would take ator from New Mexico. on to get appropriated. We came up to charge of this operation. He believes in Mr. DOMENICI. Mr. President, let me ask if the Federal Government would it. He is a very competent, dedicated, first acknowledge the wonderful co- expand a program that was about to patriotic American. With him heading operation that exists between the run out so we could build these rivers this office, we should all go to sleep at chairman and this Senator as ranking so they would be safe. Now if one flies night resting well that everything pos- member. I believe under the cir- over Albuquerque, as you approach the sible is being done to make sure we do cumstances and considering the vari- airport you see two giant cement wa- have a safe and reliable nuclear stock- ety of things this subcommittee has to terways that are around the edges of S7674 CONGRESSIONAL RECORD — SENATE July 16, 2001 the town—huge. They catch the water haven’t read it. There are more policy supply, enhance energy security, meet in these dry rivers up by the mountain recommendations impacting conserva- growing electricity demand, and pro- and run them down these no longer dry tion and efficiency than supply. Over $6 tect consumers against volatility in rivers, but they are cement-lined billion in proposed tax reductions are the electricity and natural gas mar- ditches, big ones. Water comes down, targeted at conservation and effi- kets. and now you can be riding around and ciency. This bill pushes nuclear power for- your commissioner friend Harry can Furthermore, the whole policy is ward with a number of important ini- say, ‘‘It is raining hard, Mr. Chair- based on substantial gains from im- tiatives: man,’’ and you can say, ‘‘It might hurt provements in conservation and effi- The bill includes $19 million for uni- something else, but it won’t flood any- ciency. If we maintained the current versity research reactor support—an more.’’ ratio between energy demand and the increase of $7 million over current That is the kind of thing we pay for gross domestic product (GDP), we year—to make sure our country has in this bill for hundreds of places would need 77 percent more energy in the educational resources necessary for across America. We hope we get them 2020 than we are producing today—77 an economy that continues to rely sub- before they flood, but sometimes we percent more. The National Energy stantially on nuclear power. The bill includes $9 million—an in- don’t. Sometimes we pay for them Policy recommends conservation and crease of $4 million over current year— after they flood. But to make sure we efficiency measures that would reduce to expand a program to improve the re- are not building white elephants, we the required increase by over half—re- liability and productivity of our 103 ex- require a very substantial match. The sulting in us only needing to produce 29 community has to come up with isting nuclear power plants. percent more energy by 2020. That is a The bill continues the highly success- money. That is the way we finally de- substantial but necessary commitment cide it must be important, because ful Nuclear Energy Research Initiative to conversation and efficiency. (NERI) at $38 million—$3 million more they are not just asking us to have a Let me turn to that second myth, construction project, they are going to than current year. that the policy doesn’t address the pos- The bill provides $14 million—an in- pay for part of it. sible threat of global warming. Once My good friend, the chairman, out- crease of $7 million—to continue work again, those who have read the policy begun last year on advanced reactor lined water issues. Clearly, there is no shouldn’t make that statement. The end to the requests in our country for development, including research on policy has strong support for clean en- generation IV reactors—reactors that this. But we have the rule: We don’t ergy sources. will be passively safe, produce less fund them unless they have been au- Renewable sources are encouraged in waste, and reduce any proliferation thorized. The committee has to work many ways, including tax credits for concerns. on them and have hearings. That both- wind, biomass, solar, and the purchase The bill provides $10 million for the ers a lot of our Senators because there of clean fuel vehicles. The policy sup- Nuclear Regulatory Commission to is such a backlog of existing authorized ports a major research program in prepare to license new nuclear power programs that we don’t catch up very clean-coal technologies, advocates in- plants. often. We have many billions back- creased funding for renewable energy The bill continues an R&D program logged that we can’t pay for. But we R&D and recognizes nuclear energy for we started two years ago on ways to re- will keep working on it. its very positive environmental bene- duce the quantity and toxicity of spent Overall, the proposed fiscal year 2002 nuclear fuel—called ‘‘transmutation’’. energy and water bill is a very fair and fits. It is in these last two areas, renew- This technology, which was recently balanced bill that makes important in- able energy and nuclear energy, that highlighted in the President’s National vestments in our national security, our Energy Policy, will be continued at $70 energy security, our economic pros- the energy and water bill takes a major step in implementing the President’s million in 2002. perity, and in the health of our envi- Let me emphasize that I used the ronment. This bill is an important step national energy policy. The renewable energy programs are phrase ‘‘spent fuel’’ rather than in implementing the President’s Na- ‘‘waste’’ to refer to the materials com- tional Energy Policy. funded in this bill at $435 million. That’s $60 million and 16 percent above ing out of our reactors. Right now our The Senate bill in total provides $25 national policy calls for disposing of billion in budget authority and ap- the current year level. There’s no ques- tion that renewable sources can and those materials as waste in a future re- proximately $24.7 billion in outlays. pository. But we need to remember The bill exceeds the President’s request should play a larger role in our energy supply, and this budget will accelerate that these materials still contain 95 by $2.6 billion, and exceeds the House percent of their initial energy content. progress towards that vision. bill by $1.4 billion. Without going into I’ve been concerned for years that it Within that renewable budget, sev- detail about all of the many great is highly debatable for us to decide eral programs are slated for major in- things in this bill, I would like to focus that future generations will have no my remarks on two broad areas: (1) creases. Just to give a few examples: need for this rich energy source. With Research on hydrogen-based tech- What this bill does for our energy secu- improved management strategies, pos- rity, and (2) What this bill does for our nologies is up almost 30 percent over sibly involving reprocessing and trans- national security. last year. That research may lead to mutation, we can recycle that material For our nation’s energy security, this decreased use of petroleum products in for possible later use, recover far more bill represents a major step in fulfilling transportation, certainly a critical of the energy, and dramatically reduce the President’s commitment to a bal- goal. the toxicity and volume of the mate- anced and diversified energy policy— Research on high temperature super- rials that are finally declared to be particularly in the area of expanding conductivity is boosted by almost 20 waste. the supply of clean energy from renew- percent. That’s a technology that may As a final thought on energy secu- able sources and nuclear power. enable dramatic reduction of losses we rity, Mr. President, I want to share But before If focus specifically on now experience in electric trans- with my Senate colleagues a vision, what this bill does in those two areas, mission lines and motors. which is encompassed in this bill and I want to take this opportunity to dis- Geothermal research is 20 percent which I’ve shared with President Bush. pel two persistent myths that have above last year and wind systems are We need to reach beyond the debate been unfairly associated with the up more than 10 percent. over Kyoto with a blueprint that pro- President’s National Energy Policy. Nuclear energy received significant vides the tools to combat global warm- First, that the policy focuses only on increases as well in this bill. I strongly ing. supply and ignores conservation and ef- agree with the President’s National I’m convinced that we can have ficiency. And second, that the policy Energy Policy in its recommendation growth and prosperity in America fails to address the possible threat of supporting the expansion of nuclear en- without global warming. global warming. ergy in the United States. Nuclear And I’m equally convinced that we The policy is so clear on the first plants offer emission-free power can help provide those same benefits point that those who argue simply sources, help maintain diversity of fuel for the world. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7675 I propose that we provide worldwide solving serious problems in the nuclear get the NNSA on track to rebuild leadership to eliminate the threat of weapons complex. With the leadership weapons on the schedule required by global warming by a commitment to and resources included in this bill, the Department of Defense. prosperity and growth through clean many of those problems are going to The third major improvement on the energy. get fixed. President’s request is that this bill And I further propose that we accom- The bill includes $6.05 billion for the fully funds pit production on the re- plish this goal through partnerships nuclear weapons (stockpile steward- quired schedule. with our friends and allies, especially ship) activities of the NNSA, that is We must soon have the capability to those in developing countries. $705 million over the President’s re- produce plutonium pits for weapons, a I’ve specifically urged the President quest, $925 million over the House capability we lost when Rocky Flats to lead this new initiative, to accel- level, and $1.05 billion over the current was closed down in 1989. Plutonium erate our own research and build inter- year level. pits are the ‘‘triggers’’ for nuclear national partnerships for joint develop- I want to again commend Senator weapons, that occasionally must be re- ment of all the clean sources of en- REID, and our full committee chair- placed. Today, we are the only nuclear ergy—renewables, clean fossil fuels, man, first Senator STEVENS and Now power without the ability to produce nuclear energy, and hydrogen-based Senator BYRD, for recognizing the seri- them. The budget request puts off in- fuels. Then as we transition to im- ous problems in the nuclear weapons definitely our ability to deliver a cer- proved technologies in the future, our complex and providing the resources to tified pit to the military, but this bill partner nations will also be building up fix those problems. adds $110 million to get the program their energy infrastructure with the This bill makes three major improve- back on track. latest and cleanest technologies. ments on the President’s budget re- Finally, there are a series of pro- Last year’s energy and water devel- quest for nuclear weapons. grams at NNSA that may be just as im- opment bill called for improvements in First, infrastructure. We know from portant to eliminating or controlling the federal government’s role in inter- the subcommittee’s hearing on infra- the global nuclear danger—these pro- national development, demonstration, structure earlier this year, that our grams are to reduce the threat of nu- and deployment of advanced clean en- nuclear weapons facilities have de- clear weapon proliferation around the ergy technologies. graded to the point that it will take world. With this new bill and the Presi- billions of dollars to modernize for the The administration proposed deep dent’s policy, our nation is developing future. cuts in this area for fiscal year 2002, a suite of energy supplies that will pro- The average age of the facilities even though a blue-ribbon review led vide us with clean, reliable, economic where we do nuclear weapons work is by Senator Howard Baker and Lloyd energy far into the future. But I con- over 40 years. Cutler recently concluded . . . tinue to believe that we should be look- We will need to spend an additional The most urgent unmet national security ing beyond our own borders. $300–$500 million a year for the next 17 threat to the United States today is the dan- I submit that we should be seizing years over currently planned levels to ger that weapons of mass destruction or every opportunity to help the devel- refurbish the weapons complex to per- weapon-usable material in Russia could be oping nations around the world achieve stolen and sold to terrorists or hostile nation form its basic mission. These expendi- much higher standards of living. They states and used against American troops tures will be required even if the nu- simply can’t do that without reliable abroad or citizens at home. electricity supplies. clear stockpile is dramatically smaller. The report also concluded that . . . If we do not take action on these in- Each nation will make their own Current nonproliferation programs of the choices for fuel sources, exploiting frastructure problems immediately, we DOE . . . have achieved impressive results their own strengths. We have abundant will not be able to meet the Depart- thus far, but their limited mandate and fund- natural gas—and it will make a huge ment of Defense schedules for refur- ing fall short of what is required to address contribution to a cleaner future for our bishing three main weapons systems adequately the threat. country. But every nation needs di- representing over 50 percent of our I am pleased that this bill adds over verse energy supplies, not a singular stockpile. We will not have the sci- $100 million to the important non- reliance on one source. Other nations entific facilities required to certify proliferation work the NNSA carries may be well positioned to exploit their weapons. Our technicians and sci- out in Russia and other countries of solar or wind resources—through this entists will continue to work in unsafe the former Soviet Union. These pro- program these nations can make the facilities-increasing health risks and grams to control the material and ex- choices best for their needs. the number of safety related shut- pertise necessary to make weapons of The leadership shown by Senator downs. mass destruction address problems BYRD on clean coal technologies Although the work must begin imme- identified as ‘‘the most urgent unmet matches this vision very well. Some diately, the budget request included no national security threat to the United other nation’s have immense coal re- funds to begin such an initiative. States today.’’ sources, through this vision they can Therefore, the bill before the Senate Once again, Senator REID, I want to benefit by Senator BYRD’s efforts to ad- includes $300 million to begin a major commend you for a balanced bill. I do vance clean coal technologies. facilities improvement program in fis- not agree with every aspect of the bill, We can leave the poorest countries to cal year 2002 at facilities in South but I cannot urgue with the fair man- their own resources to develop what- Carolina, Tennessee, Missouri, Texas, ner in which you have put it together. ever energy they can, or we can offer New Mexico, Nevada, and California. I strongly support the bill, and urge substantial help to partner with these The second major improvement on all Members of the Senate to do like- nations to help them develop sources the administration’s budget request is wise. that are not only reliable and reason- that the bill provides additional fund- Let me proceed as quickly as I can to ably priced, but also clean. ing to rebuild current weapons. summarize this bill. First, I am very It’s strongly in our self interest to do The average age of weapons in the pleased to join with Chairman REID in this. After all, we all share the same stockpile is now approaching 18 years— considering this fiscal year 2002 Energy air. And in addition, countries with most were designed for a life of no and Water bill. I note that in the chair strong economies are our best choice more than 20 years. Many weapons is a new Senator. I would think that he for trading partners components degrade substantially over might wonder what in the world is an Mr. President, let me state again how time and have to be replaced. The appropriation bill called Energy and proud I am to have worked on this bill Joint Department of Defense/NNSA Water. Well, my good friend, the new with Senator REID. With this bill, we’ll Nuclear Weapons Council has recog- Senator from New Jersey, will never be making real progress on the tech- nized the fact that most of our weapons sit down and rationally decide what is nologies to fuel our, and perhaps the will have to be rebuilt, but funds were in this bill. What is in it has been de- world’s economies of the future. not requested to do so. cided between the House and Senate as For our nation’s national security, Therefore, the bill includes an addi- one of the 13 subcommittees of appro- this bill makes a major investment in tional $295 million in fiscal year 2002 to priation, and there is no rationale to S7676 CONGRESSIONAL RECORD — SENATE July 16, 2001 it. In it we fund water development to open up more of the public domain ergy has received a significant increase projects, flood protection projects, the to the development of gas and oil; in in this bill. I strongly agree with the harbors and rivers that need the Fed- this bill, we get along with getting President’s national energy policy and eral Government to help. But on the some of these things paid for and done, his recommendations supporting the other end, believe it or not, the entire which everybody knows we should be expansion of nuclear energy in the nuclear weapons development, preser- doing. But it is most interesting—and United States. vation, and research for nuclear weap- this is an opportunity to speak for a I will state once—and if I have a ons is also funded in this bill. It doesn’t moment about the President’s energy chance I will do it a number of times— come under the rubric of energy. Why policy in one regard. There is a lot said nuclear power in its current form and is it here? It is here because that kind about: what about conservation, and future generations, new generations, of of activity was brought to the Energy what about saving our energy? I am re- nuclear powerplants do not contribute Department when the Energy Depart- minded that in preparation for this ac- to global warming. In other words, the ment was created. This subcommittee tivity, in marking up this bill, I chose future is protected from the global pays for that. to read the President’s policy in its en- warming pollution that comes from So, overall, this is a very balanced tirety. I want to cite one piece, because many of our traditional energy sources bill. It covers what I have alluded to. I there is a lot said about there not so that the evolution, development, have great detail with me about what being enough conservation in this pol- and research in the areas of nuclear has concerned us and why we have had icy, not enough things that push us to power can move us ahead in such a way to fund the part of this that is for nu- conserve and save. Well, I have come to as to provide energy for growth, devel- clear weaponry at a higher level than the following conclusion, and if I am opment, and prosperity for America the President. I am very hopeful that wrong, anybody that would like to read and for our industrial friends in the the staff at the White House and the the policy and discuss it, I would be world and, yes, indeed, for those coun- staff at OMB, who have looked at this glad to do so. tries which do not yet have much of an since putting their budget out, will un- As this energy policy tells us what economic base. derstand that some of this new money we need in the future, up to the year We can produce clean energy for the we had to put into the part of this bill 2020, it says that we could have to future. With renewables, nuclear, and that concerns itself with a safe and re- produce 77 percent more to meet our other forms of energy joining together, liable nuclear stockpile. And remem- needs over this next 20 years—just for we can say to the world: You can grow ber, Mr. President, every time you say reasonable needs. But would you be- and prosper. The poor countries will that, you can put a parenthesis in and lieve that a huge portion of that pos- have an equal opportunity to do that, you can say, without underground test- sible need is projected to come from and we will not have to reduce growth, ing, because we have voted not to test conservation and saving energy, such we will not have to put on caps, we will underground. If you test, it makes it that, of the 77 percent, only 29 percent just have to use our ingenuity and much easier to determine safety, to de- is from new production? So if you do science better. termine reliability. But we have deter- the arithmetic and subtract them, it is mined we are not going to do that, and pretty obvious that there is a very There are a number of things we did still we are going to spend money and large amount that is expected by way to let America take a good, solid look put the finest resources in America to of either legislation or conduct in our at what the next generation of nuclear work on the science and physics and country to save and conserve energy, powerplants or even the next one after computerization part of maintaining along with increasing production of that might look like and how it will this very, very serious and almost un- various types of energy. help. believable thing called the American Let me talk about one. I am very I want to share with my friend, Sen- nuclear weapons stockpile. pleased that both Senator REID and I ator REID, and those who are paying at- My good friend, Senator REID, has and our staffs worked very hard on tention to what we are doing today, a been a marvelous student of this. We what’s called renewable energy pro- portion of my comments today which I have all had to learn together. I have grams. Because of the Senator’s dedica- choose to call ‘‘Reaching Beyond more of a genuine parochial reason, be- tion and us working together on this, Kyoto.’’ I, frankly, believe the Presi- cause two of the three laboratories fre- we are funding the renewable energy dent of the United States has a rare op- quently called the nuclear labora- programs at $435 million in this bill. portunity to lead the world beyond tories—not exactly the right name— That is 16 percent higher than this Kyoto. are in my State. There is Los Alamos. year. There is no question that renew- I say to my fellow Senators, I have Everybody knows that is where we did able resources can and should play a talked to the President about this very our first nuclear weaponry work— larger role in our energy supply, and issue. I have suggested it is a rare op- atomic weapon work. It was a moun- we push that or accelerate that in this portunity for him to lead the world in tain, but there is a city there now. In bill. Within this renewable budget, sev- reaching beyond Kyoto, and I will talk Albuquerque is Sandia Labs, an engi- eral programs are slated for major in- about that for a minute. neering laboratory, which is part of creases, and I am going to tick some of This is a vision, and part of it is in this. The third one is in the State of them off. California. The three of them do much Hydrogen-based technology is up 30 this bill because this is what we do in in addition to the work on nuclear. percent over last year. Some people this bill. It says that we need to reach There are great researchers who are on think this whole area of hydrogen- beyond the debate over Kyoto with a the cutting edge of much of the science originated energy sources is one of our blueprint that provides tools to combat of the future in terms of energy needs real solutions to clean and healthy pro- global warming. Further, we should and the like. So that is in this bill. duction of energy without having any ask the world to join as our partners And then, obviously, since it is an en- adverse impact on global warming. The and move ahead, ergy bill, it has an awful lot in it about research may lead to a decrease in the I am convinced we can have growth the energy research and development use of petroleum products in transpor- and prosperity in America without that is occurring in the Department of tation. global warming. I am equally con- Energy. First, let me quickly say that We also have superconductivity and vinced we can help provide these same part of this is the implementation of geothermal, both have 20-percent in- benefits for the world. I propose we energy policy. creases. All of these can have an incre- provide worldwide leadership to elimi- While we are still waiting around to mental positive impact on helping us nate the threat of global warming by a debate and pass judgment on whether meet our energy needs without having commitment to prosperity and growth we are going to have some tax incen- a major impact on global warming in through clean energy, and I further tives that the President asked for in the future. propose we accomplish this goal terms of developing new and different Incidentally, the President has sug- through partnerships with our friends kinds of energy called ‘‘renewables,’’ or gested we should move ahead with nu- and allies, especially those in devel- whether or not we are going to decide clear and not abandon it. Nuclear en- oping countries. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7677 I have specifically urged the Presi- a small little plant instead of a thou- We have something to take its place. dent to lead this new initiative to ac- sand megawatts. It might be 50 or 100 We have a whole body of science and celerate our research and build inter- megawatts. It will be a module. It will computerization that we put together. national partnerships for joint develop- be self-contained. It will have no It is now in the Department of Energy, ment of all clean sources of energy—re- chance of having a meltdown. Just by and it has reached major nuclear lab- newables, clean fossil fuels which our the physical facts about its evolution oratories. We fund a program called distinguished chairman of the Appro- and development it cannot, it will not. science-based stockpile stewardship. priations Committee, Senator BYRD, We might not have to touch it for 25 or Stockpile is the nuclear weapons alludes to frequently as it relates to 30 years. stockpile. We fund a part of the De- coal—nuclear energy, and hydrogen- Those are things we can work on as a partment of Energy that is called the based fuels. criteria for development and growth NNSA. My good friend, Senator REID, As we transition to improved tech- and then set our great scientists in the alluded to it when he spoke of creating nologies in the future, our partner na- private and public sector, with others this new institution within the Depart- tions will also be building up their en- in the world, to achieve this goal. What ment. The current leader is four-star ergy infrastructure with the latest and a great opportunity in the midst of a General Gordon. He’s doing a great job cleanest technologies. And, yes, there world that is frightened about whether of pulling together and making sure is no question, then, that we can send we can grow, whether poor people can there is one spokesman worried about a message that the poor countries in get rich, where the poor countries have the nuclear weapons aspects of the De- the world can grow and prosper. As a to remain undeveloped because they partment of Energy, reporting only to matter of fact, they, too, can partici- cannot contribute to global warming. the Secretary. In a very real way he’s pate in this abundance of growth and We will say we can all grow and pros- making sure we do a better job with prosperity for their people without ad- per. America hasn’t stopped growing what we spend on this stockpile. None- versely affecting global warming. and prospering, but we can do it with- theless, we have to spend money on it. Last year’s energy and water devel- out affecting global warming if we just The biggest difference between our opment bill called for improvements in say let’s take a lead, let’s do this, let’s budget and the President’s budget is the Federal Government’s role in inter- ask our greatest companies, our best what to do with replenishing some of national development, demonstration, laboratories, our greatest scientists, the physical facilities that are now old and advanced clean energy tech- led by America, let’s put some money and broken down that are part of this nologies. in each year in a consortium-type ar- NNSA. With this new bill which is before the rangement to get this done. This bill says, let’s get started in Senate, and the President’s policy, our If I sound like I am excited about multiyear repair and replenishing of Nation is developing a suite of energy something, obviously for some of you I some of the facilities that are nearly 50 supplies that will provide us with have not even yet reached anything years old in which we ask the world’s clean, reliable, economic energy for the like an excited pitch, but in any event, greatest scientists to work to help future. I am because I believe it is a rare op- keep this program and do this very dif- I continue to believe we should be portunity to take the genius of ficult job. It will take many years to looking beyond our own borders. I sub- science—and I might say, I have a bias replenish these physical facilities, mit that we should be seizing every op- and prejudice but I think it will work. these laboratories. portunity to help the developing na- I think we have nuclear power for a In addition, there are specific items tions around the world achieve much reason. I don’t think we have developed such as major improvements in the higher standards of living. They simply nuclear power to throw it away. I be- funding of pit production. You simply cannot do that without reliable elec- lieve we can develop another genera- must soon have the capability to trical supplies. I believe we can help tion of nuclear power plants that can produce plutonium pits for weapons, a them with this global approach of part- help this entire world prosper and put capability we lost when Rocky Flats nerships around the world to develop global warming behind us. was closed in 1989. We had to put extra this technology and produce the next Then we can ask, what is next? What money in this bill, in order to keep generation of nuclear powerplants. But have to be next are growth and oppor- that program on the calendar on which we should not start on that path unless tunities, and not just for us. We say to it is expected to be. We have put these we set the goals for achievement of the world, let’s be free. But, we don’t funds in because we know they are what they will look like, what they want people to think we are for them needed. Add it all up and we have a will do, and what they will not do. being free and poor. We are for them very well rounded bill covering mun- It is the same with clean coal tech- being free and affluent, to grow and dane things as well as the complex and nology: Set the goals and then let’s have what we have. It cannot be done difficult. achieve them in this world so we can without better sources of clean energy. In closing, let me say, that as part of all grow and prosper. We all know we I believe this bill has things in it this Department of Energy, we have de- have an abundance of energy supplies which, if put together by the President veloped some great research labora- in our country. We have natural gas. in a partnership arrangement, I think tories and not just those created and And it will make a huge contribution we could see real daylight and perhaps involved in nuclear work. There are for our country. But every nation might be able to set some goals. many others that work on various as- needs diverse energy supplies, not a My last comments will be very brief pects of research in America, most in singular reliance on a single source. and have to do with national security. the fields of energy, but not all, where Leadership has been shown by Sen- As I said when I started, what a pecu- some of the very best scientists in the ator BYRD with clean coal technologies liar bill, energy and water. Who would world and some of the very best basic that match this vision very well. Some guess that sandwiched between those science research activities take place. other nations have immense coal re- two words, energy and water, are the In summary, we think we have a bill sources. Through this vision, they can U.S. national security interests in nu- that takes care of, as well as possible, benefit by Senator BYRD’s efforts to ad- clear weapons. water resource needs of our country. It vance clean coal technologies. Through We have a national policy, voted on takes care of the basic energy needs we this bill, we can fund renewables and this Senate floor on an amendment by can promote through the Energy De- ask our President to join worldwide the distinguished Senator Hatfield partment in moving ahead with an- with efforts to push renewables even from Oregon. We don’t test our nuclear other generation of nuclear reactors. more and to greater ends. And it is the weapons underground nor do we test And it encourages more progress on re- same with all of those energies that them at all. We don’t do that anymore. newables. Through this bill and an- have no effect, no impact on global That used to be the easy way. I say other dealing with cleaning up our coal warming. that because today it looks easy. That so we can use it cleanly, we can have a I can say, it may very well be, within is the way we used to determine reli- prosperous future without having a a very short period of time, a nuclear ability and safety. We don’t do that negative impact on global warming and powerplant will be developed. It will be anymore. We don’t test underground. the future of our country and the S7678 CONGRESSIONAL RECORD — SENATE July 16, 2001 world’s people. We think we have done ators who has helped me in the many money out of the American workers’ that fairly well. months that we engaged in trying to pay envelopes. Nothing could be worse We have spent more than the Presi- make the Department of Energy more for a weakening economy. In fact, I be- dent asked. We hope we will be able to focused with reference to our nuclear lieve that now is the time to find more explain to the White House and OMB weapons problems was the distin- ways to encourage economic growth. why and how that was done. We will guished Senator from Arizona. I thank The tax cut provides some immediate have time after the bill is debated to do him for that help. We are not over that stimulus and in the long-term some that. In the meantime, as the amend- hurdle yet. Indeed, General Gordon and ways to keep the economy growing. ments come forward, perhaps the White that semiautonomous agency have not But we need to look at ways to kick- House will have some suggestions. I been totally formulated. They are not start the supply side of the economy. hope they don’t ask us to change our grown up yet and are still walking One possibility is to cut the capital vision. I think the vision in this bill is along, maybe comparing it to high gains tax rates. I will be pursuing this to move ahead with new sources of en- school and the eighth grade. They still effort in the coming weeks and months. ergy beyond Kyoto so we can say we have to get the diploma. This bill Nothing is more important than to get are going to do it in a way that every- should enhance it or give them some of our economy moving again at full one will grow and prosper, so the poor the tools they claim they need. speed. can get rich in the world. In the meantime, I thank the Sen- My friend Jack Kemp authored a I yield the floor. ator for observations and comments re- most interesting and compelling arti- Mr. REID. We are on the energy and garding a world beyond Kyoto. Clearly, cle a couple of weeks ago in the Wall water bill. I know the Senator from Ar- if we do this right, we can have an Street Journal. Thirty years ago when izona wishes to speak. abundance of energy and there need be I came to Congress I first met Jack. He Mr. KYL. I want to take 30 seconds to no atmospheric pollution; we can do it was then and continues to be a person compliment the Senator from New another way. Clearly, we can get it who is not afraid to challenge the com- Mexico, and then I will ask unanimous done. mon norms of economic thought. In the consent to speak no more than 5 min- I thank the Senator for his observa- 70’s Jack led the charge for tax rate utes in morning business. tion. cuts to get the economy moving. We Mr. REID. My friend from Oregon Mr. REID. Will the Senator yield? have too easily forgotten the hopeless- also wishes to speak for 20 minutes in Mr. KYL. I yield. ness that many Americans felt in the morning business. I ask that the Sen- The PRESIDING OFFICER (Mrs. late 1970’s facing stagflation with no ator from Arizona be recognized to CLINTON). The Senator from Nevada. idea of how to turn the flagging U.S. speak for up to 10 minutes in morning Mr. REID. The Senator from Arizona economy around. Now we face a prob- business and the Senator from Oregon missed my brief statement today about lem of a global slowdown. Jack sug- be recognized for up to 20 minutes. how I had become a late believer in the gests an answer. Many will try and dis- Mr. DOMENICI. Reserving the right work that he and Senator DOMENICI had miss his proposal. This is a debate that to object, Mr. President, what are you done on the National Nuclear Security needs to continue. thinking in terms of the bill? Administration. As you may recall, We need to get the American econ- Mr. REID. I will visit with you now. last year I fought that initially. As I omy running at full speed. The tax bill Mr. DOMENICI. I yield the floor. said to Senator DOMENICI, I thought it was the first step. Getting the economy The PRESIDING OFFICER. The Sen- was being done, initially, for reasons back to full growth will be my primary ator from Arizona. other than what it turned out to be. I focus. Mr. KYL. I will not take the full 10 commend the Senator from Arizona—I I ask unanimous consent that the ar- minutes. have already done that to Senator ticle by Mr. Kemp be printed in the I take 30 seconds to simply say, Sen- DOMENICI—for the great work being RECORD. ator DOMENICI each year has a signifi- done by General Gordon and the people There being no objection, the article cant responsibility, as well as the other working with him. It certainly has was ordered to be printed in the Members of the subcommittee on been a step in the right direction. RECORD, as follows: which he sits, to put together a bill for With the deep concern I have with [From the Wall Street Journal, June 28, 2001] energy and water. As he pointed out, a the nuclear arsenal, I think there is OUR ECONOMY NEEDS A GOLDEN ANCHOR great deal of the jurisdiction of that not anything we could be more devoted subcommittee deals with our nuclear to than making sure General Gordon (By Jack Kemp) weapons program. Senator DOMENICI has enough money and general re- How many more dashed hopes and false re- does not simply put together what he sources to do what he has to do which coveries must we experience before politi- has been told is a good idea. He has cians and monetary authorities accept the is so important. fact that our inability to manage fiat cur- taken a career to learn from these lab- f rencies is causing the global economic slow- oratories—a couple of which he rep- ECONOMIC GROWTH down? They keep waiting for interest-rate resents, and the people in those labora- reductions to kick in, yet more than six tories—what is best in our national in- Mr. LOTT. Madam President, we months after the Fed began lowering rates terests and what needs to done. It is have seen for the past year a reduction the economy continues to weaken. Waiting not glorious work and there is no big in the growth rate of our economy. The for the recently enacted tax cuts to provide political payoff. Very few people have world is experiencing a global eco- ‘‘stimulus’’ will prove futile as well. The the knowledge he does. He relies on nomic slowdown. The tax cut signed economy does not suffer a lack of consumer into law in June contained com- demand, and more money in people’s pockets people such as his staff, Clay Sell and will not revive the supply side of the econ- Dr. Peter Lyons, a nuclear physicist promises to make the tax cuts in the omy. lowest bracket retroactive to January from Los Alamos Laboratory, to assist UNPRECEDENTED EXPERIMENT him in developing the kind of plans 1. We are also going to begin to see the tax reduction checks in the American Ronald Reagan once said he knew of no that the Senate then needs to act upon, great nation in history that went off the particularly with the comments about people’s hands by the end of this gold standard and remained great. Since the development of nuclear energy that month. Perhaps there has never been a Aug. 15, 1971, when the U.S. ceased to redeem will be safe and that we need to pro- better-timed tax cut. The dollars we dollars held by foreign governments for gold, mote for this country. are returning to the taxpayers and the we have put that thesis to the test. For the I think he is absolutely right on the rate cuts that will allow them to keep first time in human history, not a single mark. I plan to join him in his efforts a little more of their own hard earned major currency in the world was linked to a to promote that in the coming months. salaries will provide some stimulus to commodity. Economist Milton Friedman keep the economy from falling further called the situation ‘‘unprecedented’’ and Mr. DOMENICI. Will the Senator said it is ‘‘not a long-term viable alter- yield? behind. native.’’ ‘‘The world,’’ he said, ‘‘needs a long- Mr. KYL. I am happy to yield. I reject the advice of those who say term anchor of some kind.’’ Mr. DOMENICI. I should have men- that now is the time for the govern- In the short term, at least, he was vindi- tioned in my remarks, one of the Sen- ment to retreat and try and take more cated. In creating a world monetary system July 16, 2001 CONGRESSIONAL RECORD — SENATE S7679 of floating fiat currencies with the stroke of This is no way to manage a currency. It’s and calls on other governments to re- a pen, President Nixon touched off a world- obvious that we have accumulated a long se- lease information pertaining to the as- wide inflation that lasted through the ’70s ries of small deflationary errors by the Fed sistance these governments provided to and early ’80s. that are dragging down the U.S. economy Yet America recovered to preside over the Nazis in the postwar period. and helping depress world commerce. It’s On July 14, 1934, the Reichstag de- demise of world communism, and overcame time to restore a golden anchor to the dollar the rising inflation and unemployment of before our luck runs out and we suffer a real clared the Nazi Party the only legiti- ‘‘stagflation’’ to enjoy an unparalleled 18- economic calamity. mate political party in Germany. In year economic expansion. Today, the U.S. is The Fed may yet get lucky with its rate one fell swoop, political dissent in Ger- at the pinnacle of its power and enjoying its cuts, although the Bank of Japan never did. many was quashed and a tragic series greatest prosperity ever. The only certain way to end this deflation is of events was set into motion—a series Were Messrs. Reagan and Friedman wrong? to have the Fed stop targeting interest rates of events that led to the genocide of six I don’t think so. If the U.S. has so far come and begin targeting gold directly—not by out on top in this experiment, it is only be- million Jews and five million Gypsies, ‘‘fixing’’ the price of gold by administrative Poles, Jehovah’s Witnesses, political cause other countries’ economies have suf- fiat as some people mistakenly characterize fered even more from floating currencies. it, but rather by calibrating the level of li- dissidents, physically and mentally dis- Once the U.S. government ceased redeem- quidity in the economy, over which the Fed abled people, and homosexuals. After ing gold at $35 an ounce, its price quadrupled has exclusive and precise control, to keep World War II, the international com- on world markets to $140 to reflect the dol- the market price of gold stable within a nar- munity attempted to come to terms lar’s diminished value. By breaking the gold row band closer to $325 than $275. with what, by any measure, was a hor- link, the Nixon economic team forced the There is nothing mysterious about how rific episode in world history. unwanted liquidity pouring out of the Fed— gold could be used as a reference point or which had thus far built up in the Eurodollar In October 1945, a tribunal was con- how a new monetary standard for a new mil- vened in Nuremberg, Germany, to market and the portfolios of foreign central lennium would work. It would simply mean banks—to remain inside the U.S. economy the Fed would stop guessing how much li- exact justice against the most nefar- where it would manifest itself in price infla- quidity is good for the economy and allow ious Nazi War Criminals, people who tion. Robert Mundell was the first to predict, the market to make that decision for it. knowingly and methodically orches- in January 1972, there would soon be a dra- With the dollar defined in terms of gold and trated the murder of countless inno- matic rise in the price of oil, with general in- with American citizens free to buy and sell cent people. Some infamous Nazi war flation to follow. gold at will, the Fed would forget about rais- criminals were tried and convicted Where the rest of the economics profession ing or lowering interest rates and simply add blamed the Arab oil-producing states for elsewhere, including the infamous Ad- liquidity (buy bonds) when the price of gold olph Eichmann, who was found guilty quadrupling the oil price in 1973, Mr. Mundell tries to fall and subtract liquidity (sell and those supply-siders who followed his in- bonds) when it tries to rise. Markets would by an Israeli court. Still, many of the tellectual lead knew that gold’s quadrupling determine interest rates. perpetrators—war criminals who heed- had led the way. Tax rates rose through The paper dollar would once again be as ed the call of the Nazi juggernaut—es- ‘‘bracket creep,’’ capital formation stopped good as gold—no more, no less. There would caped justice. Some of those who in its tracks, and it soon took two workers be no need for the U.S. government to main- evaded capture did so with the help of to produce the same income that one had tain a large stock of gold or to redeem gold brought home before the experiment. The various world governments, including and dollars on demand since people would be the United States. stagflation that had its roots in leaving the free to do so on their own in the market- gold standard was compounded when Con- It is natural to ask why the United place. As long as the Fed calibrated its infu- States would help known Nazi war gress and three different presidents tried to sions and withdrawals of liquidity by the fight it with wage and price controls and market price of gold, the world would be free criminals avoid punishment. The high marginal tax rates. of monetary inflations and deflations caused United States had just spent four years But discretionary monetary policy is by the whims and errors of central bank gov- fighting the Nazis at the cost of thou- Janus-faced, and instead of too much liquid- ernors, as was the case for more than 200 sands of young, courageous American ity in the world economy we now have too years when the private Bank of England little. Deflation began in 1996 when the Fed soldiers. We had just liberated the Nazi managed the pound sterling in exactly that tightened monetary policy to combat some death camps, witnessing firsthand the way. inflation it had created attempting to offset carnage and degradation exacted by the economic drag of the Clinton tax hikes. NOTHING SIMPLER the Nazis on Jews and others. Despite A rising dollar then caused the dollar pegs of The good news is that this could all be it all, the United States felt compelled emerging economies to snap, set off the done easily, if President Bush and Treasury to hide the very Nazis they had de- Asian, Brazilian and Russian economic melt- Secretary Paul O’Neill could work out an ac- feated and grant them refuge in the downs, and caused the price of oil and other cord with Alan Greenspan. That accom- United States and abroad. commodities to collapse. Oil producers took plished, I believe Britain would soon follow The sad fact is that although we had a two-year holiday from drilling, which in to make the pound as good as gold and avoid turn created an oil shortage and drove en- having to adopt a sinking euro. just finished fighting a war of enor- ergy prices sky high. There is nothing simpler than a gold stand- mous proportions, we were entering an- Now, the energy-price hikes are working ard, as Alexander Hamilton pointed out other war—a cold war that would last their way through the economy and are mis- when he persuaded the first Congress to for some 50 years. In fighting this war, construed by the Fed as inflation. Once adopt one. Just as President Nixon took us the United States enlisted Nazi fugi- again, central bank errors in the discre- off with an executive order, President Bush tives to spy on the Soviet Union. tionary management of floating fiat cur- can put us back on with the stroke of a pen. The extent to which the United rencies have put the entire world economy at It would be politically popular, as ordinary States used Nazi war criminals for in- risk. people benefit most. At Camp David in 1971, telligence purposes in the postwar The Fed has cut interest rates 275 basis as President Nixon signed the papers, he is points since the start of the year, but the reported to have said: ‘‘I don’t know why I’m years is still being studied. In January price of gold is still down to about $272 from doing this. William Jennings Bryan ran 1999, the President charged the Nazi $385 in 1996, having fallen $5 yesterday alone against gold three times and he lost three War Criminal Records Interagency on the Fed’s announcement that it was low- times.’’ Working Group with the difficult task ering the fed funds rate another 25 basis f of locating, identifying, cataloguing, points. Commodity prices are near their low- and recommending for declassification est levels in 15 years, and the foreign-ex- NAZI WAR CRIMINALS thousands of formerly classified docu- change value of the dollar has risen against RESOLUTION all major currencies since the Fed began its ments pertaining to the United States’ interest rate-easing cycle. Mr. CORZINE. Madam President, last association with Nazi war criminals. In Without a gold standard, the Fed has no week I introduced a resolution that ad- addition to an interim report com- means of determining how much liquidity dresses the United States’ use of Nazi pleted October 1999, in late April 2001, markets demand, and all it does by targeting war criminals after World War II. The the IWG announced the release of CIA interest rates is guess how much liquidity to resolution acknowledges the role of the name files referring to specific Nazi inject or withdraw to counteract mistakes it United States in harboring Nazi fugi- War Criminals. While there is still made earlier. The Fed may be on its way to mimicking the mistakes the Bank of Japan tives, commends the Nazi War Crimi- work to be done, one thing is clear made when it lowered interest rates to zero, nal Interagency Working Group for from these documents: the United all the while prolonging and deepening Ja- serving the public interest by dis- States knowingly utilized Nazi war pan’s monetary deflation. closing information about the Nazis, criminals for intelligence purposes and, S7680 CONGRESSIONAL RECORD — SENATE July 16, 2001 in some cases, helped them escape jus- 1969–1971—The Art Institute of Chicago, As- meet the Museum’s 25-year requirements for tice. sistant Curator of Twentieth-Century Art. new or renovated space. Twenty galleries for The American people deserve a full 1972–1982—Philadelphia Museum of Art, Cu- modern and contemporary art were ren- accounting of the decisions that led to rator of Twentieth-Century Art. ovated and reopened in the fall of 2000. A 1982–1996—Philadelphia Museum of Art, capital campaign with a goal of $200 million the acceptance of Nazi war criminals as The George D. Widener Director. was formally launched in December 2000, and employees of the United States govern- 1997—Philadelphia Museum of Art, The $100 million was raised by March of 2001. ment. It also is important that the George D. Widener Director and Chief Execu- Institutional Boards (Current): Regent of United States work with other coun- tive Officer. the Smithsonian Institution, Washington, tries to expedite the release of infor- BIOGRAPHICAL SUMMARY D.C.; Visiting Committee, J. Paul Getty Mu- seum, Malibu, CA; Academic Trustee for the mation regarding the use of Nazi war Curator of Twentieth-Century Art. For a dec- School of Historical Studies, Institute for ade between 1972 and 1982, Miss criminals as intelligence operatives. Advanced Study, Princeton, NJ; Board of Di- We need to learn more about the Holo- d’Harnoncourt served as Curator of 20th Cen- rectors, The Henry Luce Foundation, Inc., caust and its aftermath. The inter- tury Art at the Philadelphia Museum of Art. New York, NY; Board of Trustees, Fairmount national community must learn the A specialist in the art of Marcel Duchamp, Park Art Association of Philadelphia, Phila- lessons of history, so that never again she co-organized a major retrospective exhi- delphia, PA; Board of Overseers, Graduate bition in 1973–74, which originated in Phila- will we face this type of evil. School of Fine Arts, University of Pennsyl- delphia and traveled to The Museum of Mod- vania, Philadelphia, PA; Board of Trustees, f ern Art, New York and The Art Institute of Fairmount Park Art Association of Philadel- SMITHSONIAN BOARD OF REGENTS Chicago. Other exhibitions organized or co- phia, Philadelphia, PA; Board of Overseers, organized by Miss d’Harnoncourt include Fu- Graduate School of Fine Arts, University of Mr. COCHRAN. Madam President, turism and the International Avant-Garde Pennsylvania, Philadelphia, PA; Board of Di- last week I introduced two resolutions (1980), Violet Oaklev (1979), Eight Artists rectors, The Georgia O’Keeffe Foundation, appointing citizen regents of the Board (1978) and John Cage: Score & Prints (1982). Abiquiu, NM. of Regents of the Smithsonian Institu- During her tenure as curator, she reinstalled Memberships (Current): Trustee, Associa- tion. It is an honor to serve on the the permanent galleries in the wing of the tion of Art Museum Directors: Advisory Museum devoted to 20th-century art, cre- Committee, The Fabric Workshop, Philadel- Board of Regents as one of the three ating rooms specifically dedicated to the United States Senators privileged to do phia, PA; Member, American Philosophical work of Duchamp and the sculpture of Society, Philadelphia, PA; Advisory Board, so. My fellow Regents, Senators FRIST Brancusi. During her curatorship the Mu- Foundation for French Museums Inc.; Fellow and LEAHY join me as cosponsors of seum made the commitment to building a of the American Academy of Arts and both resolutions. substantial contemporary collection, acquir- Sciences, Cambridge, MA. At its May 7, 2001 meeting, the Board ing works by Ellsworth Kelly, Dan Flavin, Institutional Memberships (Past): Museum of Regents voted to nominate Ms. Anne Brice Marden, Agnes Martin, Claes Panel, National Endowment for the Arts, d’Harnoncourt for a second term and Oldenburg, Katherine Anne Porter, Dorothea 1976–78; Visual Arts Panel, National Endow- Mr. Roger W. Sant to fill the vacancy Rockburne, James Rosenquist, and Frank ment for the Arts, 1978–80; Board of Trustees, Stella, among others. caused by the resignation of the Honor- Hirshhorn Museum and Sculpture Garden, Director: Projects undertaken by the Mu- Washington, D.C., 1974–86; Museum Program able Howard H. Baker, Jr. seum during Miss d’Harnoncourt’s director- Overview Panel, National Endowment for the For the information of the Senate, I ship to date include a sequence of major ex- Arts, 1986–87; Indo/U.S. Subcommission on ask unanimous consent that the cur- hibitions originated by Museum curators, Education and Culture, 1983–87; National En- riculum vitae of Ms. d’Harnoncourt and such as: Sir Edwin Landseer (1982), The dowment for the Arts, Indemnity Panel, the biographical sketch of Mr. Sant be Pennsylvania Germans: A Celebration of 1985–88; Harvard University Art Museums printed in the RECORD, following my Their Arts (1983), Masters of 17th-Century Visiting Committee, 1983–88; Board of Advi- remarks. Dutch Genre Painting (1984), Federal Phila- sors, Center for Advanced Study in the Vis- delphia (1987), Anselm Kiefer (1988), Workers: There being no objection, the mate- ual Arts (CASVA), National Gallery of Art, The Photographs of Sebastiano Salgado 1987–89; Pennsylvania Council on the Arts, rial was ordered to be printed in the (1993), Japanese Design (1994) major 1992–99. RECORD, as follows: retrospectives of Brancusi (1995) and Ce´zanne Exhibitions Organized: CURRICULUM VITAE OF ANNE D’HARNONCOURT (1996), The Splendor of 18th-Century Rome Marcel Duchamp. The Philadelphia Mu- (MRS. JOSEPH J. RISHEL) (2000), Hon’ami Ko˜ o˜ etsu (2000) and Van Gogh: seum of Art, The Museum of Modern Art, Born September 7, 1943, Washington, DC. Face to Face (2000). She encouraged a series The Art Institute of Chicago, 1973–74. (Col- Present Position: The George D. Widener Di- of scholarly publications devoted to the per- laboration with Kynaston McShine, The Mu- rector and Chief Executive Officer Philadel- manent collections: British Paintings (1986), seum of Modern Art). phia Museum of Art. Oriental Carpets (1988), Northern European Philadelphia: Three Centuries of American Education: The Brearley School, New York Paintings (1990), Paintings from Europe and Art. Philadelphia Museum of Art, 1976. (One City, 1949–1961. the Americas: A Concise Catalogue (1994), a of several collaborators under the direction Radcliffe College, Cambridge, MA, 1960– new Handbook (1995), and a Handbook to the of Darrel Sewell. Curator of American Art, 1965: Majored in History and Literature of Museum’s textile collections (1998). Philadelphia Museum of Art). Europe and England since 1740, with addi- Between 1992 and 1995, in a massive build- Eight Artists. Philadelphia Museum of Art, tional course work in the history of architec- ing project undertaken to reinstall all of the 1978. Violet Oakley. Philadelphia Museum of ture. B.A. thesis on comparative aspects of Museum’s European collections, over 90 gal- Art, 1979. (Collaboration with Ann Percy, the poetry of Shelley and Holderlin. B.A. leries were renovated and relit, while thou- sands of works of art were examined, con- Philadelphia Museum of Art). magna cum laude, June 1965. Futurism and the International Avant- Courtauld Institute of Art, London Univer- served and placed in fresh contexts. During her tenure as director, appointments to the Garde. Philadelphia Museum of Art, 1980. sity, 1965–1967: First year course: Seminar in John Cage: Scores and Prints. Whitney professional staff include senior curators of European art since 1830. Second year: spe- Museum of American Art, Albright-Knox Prints, Drawings and Photographs and Euro- cialized research on the period 1900–1915 in Museum, Philadelphia Museum of Art, 1982. pean Decorative Arts, curators of Indian Art, Italy, France and Germany, M.A. thesis on (Collaboration with Patterson Sims, Whit- Prints and Twentieth-Century Art, as well as moral subject matter in mid-19th century ney Museum). British painting, with emphasis on the Pre- a Senior Curator of Education, a new Librar- Publications: Raphaelites. M.A. with distinction, June ian and conservators in the fields of decora- ‘‘Etant Donne´s . . . Reflections on a New 1967. tive arts, furniture, painting and works on Work by Marcel Duchamp.’’ Philadelphia Honors: Elected to Phi Beta Kappa in 1964; paper. Most recently, following her assump- Museum of Art Bulletin (double issue April/ Captain Jonathan Fay Prize, Radcliffe Col- tion of additional responsibilities in 1997 June and July/September 1969). Co-author lege, 1965; Chevalier dans l’Ordre des Arts et upon the retirement of Robert Montgomery with Walter Hopps. des Lettres, Republic of France, 1995; Phila- Scott as President of the Museum, Miss Introduction to exhibition catalogue for delphia Award, 1997. d’Harnoncourt and the newly appointed Marcel Duchamp, 1973. Chronology and cata- Museum Experience: Chief Operating Officer led the institution logue entries prepared jointly with Kynaston 1966–1967—Tate Gallery, London. Six through a long-range planning process with a McShine of The Museum of Modern Art. months of work as part of Courtauld M.A. view to celebrating the Museum’s 125th anni- ‘‘A. E. Gallatin and the Arensbergs: Pio- thesis, preparing full catalogue entries on 30 versary in the year 2001 with a number of neer Collectors of 20th-Century Art,’’ Apollo, Pre-Raphaelite paintings and drawings in new initiatives. July 1974 (special issue devoted to Philadel- the Tate collection. In the year 2000, the Museum acquired a phia Museum of Art collections). 1967–1969—Philadelphia Museum of Art, Cu- landmark building across the street and em- 132 biographies and catalogue entries in ratorial Assistant, Department of Painting barked upon a comprehensive masterplan for ‘‘Philadelphia: Three Centuries of American and Sculpture. its use and the additional steps necessary to Art’’, 1976. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7681 ‘‘The Cubist Cockatoo: Preliminary Explo- and President Gerald R. Ford turned 88 Staff to President Ford and Secretary of De- ration of Joseph Cornell’s Hommages to on July 14. A birthday tribute to our fense in the first Bush administration. Juan Gris,’’ Philadelphia Museum of Art 38th President was written by White On May 21st, at the John F. Kennedy Li- Bulletin, June 1978. brary and Museum in Boston, Mass., Mr. ‘‘The Fist of Boccioni meets Miss FlicFlic House correspondent Trude B. Feldman Ford was the recipient of the John F. Ken- ChiapChiap,’’ Art News, November 1980. for the New York Times Syndicate; and nedy Profile In Courage Award. Presented by Introductory essay to exhibition catalogue it includes reflections by former Presi- the former President’s daughter, Caroline, for Futurism and the International Avant- dents Richard Nixon and Ronald and his brother, Senator Edward M. Kennedy Garde (Philadelphia Museum of Art, 1980). Reagan, given to Ms. Feldman for Ger- (D-Mass.), the award cites President Ford’s ‘‘We have eyes as well as ears,’’ essay for ald Ford’s 80th birthday. I ask unani- courage in making the controversial decision publication accompanying exhibition ‘‘John mous consent that the article be print- of conscience to pardon former President Cage: Scores and Prints’’, 1982. Richard M. Nixon. ed in the RECORD. ‘‘Duchamp, 1911–1915,’’ in the exhibition Twenty seven years ago on August 9, 1974, catalogue Marcel Duchamp (Tokyo, The President Ford was a healing force at Richard Nixon resigned the presidency of the Seibu Museum of Art). Reprinted as ‘‘Before a time of much greater political up- U.S. and Vice President Ford became the the Glass: Reflections on Marcel Duchamp heaval than we have today. The lessons 38th president. A month later (September 8), before 1915’’ in the exhibition catalogue to us today are that: disagreements President Ford granted a ‘‘full, free and ab- Duchamp (Barcelona: Fundacio Joan Miro, should not become divisive; and polit- solute pardon’’ to Nixon ‘‘for all offenses 1984). ical revenge is a vicious cycle without against the U.S. which he . . . has com- Preface to ‘‘Marcel Duchamp, Notes’’, ar- winners. mitted or may have committed or taken part ranged and translated by Paul Matisse (Bos- Most important, as President Ford in’’ while he was president. ton: G. K. Hall & Company, 1983). Today, Mr. Ford concedes that he did not Preface to ‘‘Marcel Duchamp, Manual of reiterates in this interview, is that expect such a ‘‘hostile’’ reaction. ‘‘That was Instructions for Etant Donne´s ...’’ (Phila- ‘‘truth is the glue that holds govern- one of the greatest disappointments of my delphia Museum of Art, 1987). ment together—not only our govern- presidency,’’ he told me. ‘‘Everyone focused ‘‘Paying Attention,’’ in the exhibition ment, but civilization itself.’’ on the individual instead of on the problems catalogue Rolywholyover/A Circus/John Cage He tells Ms. Feldman, who has also the nation faced. I thought people would con- (Los Angeles: Museum of Contemporary Art, written numerous articles on Mr. Ford sider Richard Nixon’s resignation sufficient 1983). and his family for McCall’s Magazine, punishment, even shame. I expected more that his main ambition was to become forgiveness.’’ BIOGRAPHICAL SKETCH OF ROGER W. SANT In accepting the Profile In Courage Award, Speaker of the House of Representa- Mr. Sant is Chairman of the Board of the Mr. Ford told members of the Kennedy fam- AES Corporation, which he co-founded in tives ‘‘because the legislative process ily and some 250 guests: ‘‘No doubt, argu- 1981. AES is a leading global power company interested me and was the kind of chal- ments over the Nixon pardon will continue comprised of competitive generation, dis- lenge I enjoyed . . .’’ for as long as historians relive those tumul- tribution and retail supply businesses in 27 Gerald Ford concluded this inter- tuous days. But I’d be less than human if I countries. The company’s generating assets view—which I recommend to my col- didn’t tell you how profoundly grateful I am include interests in one hundred and sixty- leagues and our staff—with his beliefs for this recognition. The Award Committee six facilities totaling over 58 gigawatts of ca- that during his 29 months as President, has displayed its own brand of courage . . . pacity. AES’s electricity distribution net- But here, courage is contagious. he had steered the U.S. out of a period ‘‘To know John Kennedy, as I did, was to work has over 920,000 km of conductor and of turmoil, making it possible to move associated rights of way and sells over 126,000 understand the true meaning of the word. He gigawatt hours per year to over 17 million from despair to a renewed national understood that courage is not something to end-use customers. In addition, through its unity of purpose and progress. ‘‘I also be gauged in a poll or located in a focus various retail electricity supply businesses, reestablished a working relationship group. No adviser can spin it. No historian the company sells electricity to over 154,000 between the White House and Congress, can back date it. For, in the age old contest end-use customers. AES is dedicated to pro- one that had been ruptured,’’ he notes. between popularity and principle, only those viding electricity worldwide in a socially re- ‘‘All that made an important dif- willing to lose for their convictions are de- serving of posterity’s approval.’’ sponsible way. ference. I consider that to be my great- Mr. Sant chairs the Board of The Summit Caroline Kennedy Schlossberg said the Foundation, and is a Board Member of Mar- est accomplishment as President.’’ award was inspired by her father’s Pulitzer riott International, WWF-International, Re- There being no objection, the mate- Prize winning book, Profiles In Courage sources for the Future, The Energy Founda- rial was ordered to be printed in the (first published in 1955 by Harper & Row) and tion, and The National Symphony. He re- RECORD, as follows: was ‘‘instituted to celebrate his life and be- cently stepped down as Chairman of the [From the New York Times] lief that political courage must be valued and honored. And that Gerald Ford had World Wildlife Fund-US after six years in GERALD R. FORD AT 88: A BIRTHDAY TRIBUTE that capacity and now serves on the Na- proved that politics can be a noble profes- (By Trude B. Feldman) tional Council. sion. . . .’’ Prior to funding AES, Mr. Sant was Direc- On July 14, Gerald R. Ford will celebrate Sen. Kennedy said President Ford had tor of the Mellon Institute’s Energy Produc- his 88th birthday. Having fully recovered ‘‘withstood the heat of controversy and per- tivity Center. During this period he became from a stroke last August, the former presi- severed in his beliefs about what was in our widely known as the author of ‘‘The Least dent says he is now in excellent health— country’s best interest. History has proved Cost Energy Strategy’’—where it was shown alert, active and keeping up with world af- him right. that the cost of conserving energy is usually fairs. ‘‘At a time of national turmoil, our nation much less than producing more fuel. Asked—in a birthday interview—how he was fortunate that he was prepared to take Mr. Sant earlier served as a political ap- feels about turning 88, he says: ‘‘Age doesn’t over the helm of the storm-tossed ship of pointee in the Ford administration and was bother me. I’m not as mobile as I was 25 state. He recognized that the nation had to a key participant in developing early initia- years ago, but I feel fortunate to still have get on with its business and could not, if tives to fashion an energy policy in the US. my zest for life. I have more enthusiasm now there was a continuing effort to prosecute Before entering government service, he was because of the care I take of myself. I follow former President Nixon. So President Ford active in the management or founding of sev- a good diet, I don’t smoke or drink, and I made a tough decision and pardoned him. eral businesses, and taught corporate finance keep busy.’’ ‘‘I was one of those who spoke out against at the Stanford University Graduate School In association with the American Enter- his action. But time has a way of clarifying of Business. He received a B.S. from Brigham prise Institute, one of Washington, D.C.’s things, and now we see that President Ford Young University and an MBA with Distinc- leading think tanks, Mr. Ford established— was right.’’ tion from the Harvard Graduate School of in 1982—the AEI World Forum which he hosts General Alexander M. Haig Jr., Mr. Nixon’s Business Administration. annually in Beaver Creek, Colorado. White House Chief of Staff, concurs. ‘‘The He is a co-author ‘‘Creating Abundance— The forum is a gathering of former and passage of time has once again favored the America’s Least-Cost Energy Strategy’’ by current international world leaders, business truth and Gerald Ford has rightfully McGraw Hill and numerous articles and pub- and financial executives and government of- emerged as one of our nation’s most coura- lications on energy conservation. ficials who discuss political and economic geous leaders,’’ he told me in an interview, issues. adding: f This year—in late June—the participants ‘‘Despite the risks, President Ford per- BIRTHDAY TRIBUTE TO included Valery Giscard d’Estaing, former formed a singular and selfless act of courage. PRESIDENT GERALD R. FORD President of France; former Vice President Almost 30 years have passed since ‘‘Water- and Premier of the Republic of China, Chan gate’’ and the scurrilous accusation that Mr. LUGAR. Madam President, Lien; and Richard Cheney, Vice President of then Vice President Ford had made or con- former Congressman, Vice President the United States, who was a former Chief of sidered a secret deal with President Nixon— S7682 CONGRESSIONAL RECORD — SENATE July 16, 2001 through me—which traded the presidency of ‘‘Well, I wish I were a better public speak- Despite that election, former Presidents the U.S. for the pardon of Richard Nixon. er,’’ he allows. ‘‘I would have liked to be able Ford and Carter are close friends and co- Gen. Haig, also one of Ronald Reagan’s to communicate more effectively. That is so sponsors of various conferences on world af- Secretaries of State, went on to say that the very important.’’ fairs at the Carter Center in Atlanta. And, source of this accusation came from individ- He also regrets not having fulfilled his am- on the occasion of Gerald Ford’s 88th birth- uals who claimed to be acting in the best in- bition of becoming Speaker of the House of day, Jimmy Carter today reflects: terests of President Ford, but, that, actu- Representatives. ‘‘I lost five times,’’ he la- ‘‘The recent Profile In Courage Award and ally, it was well recognized at the time that ments. ‘‘There were not, then, enough Re- the Presidential Medal of Freedom are long the politics surrounding ‘‘Watergate’’ would publicans in the House. I wanted to be overdue recognition of Gerald Ford’s impor- lead to either the impeachment or the res- Speaker because the legislative process in- tance to our nation. He was a strong leader ignation of President Nixon. terested me, and was the kind of challenge I during a time of great challenge, and his just ‘‘Those who fed the rumors of a deal were enjoyed. I was never as enthusiastic about and noble decisions may well have cost him actually damaging the reputation, if not the being in the executive branch. I even turned the election. In the years since then, he and judgment, of our nation’s first non-elected down the chance to run for governor of I have worked together on a number of president,’’ General Haig recalls. ‘‘Having Michigan.’’ issues. Each time we do so, I am reminded personally informed Vice President Ford of In fact, he had made plans to retire from anew of our country’s good fortune to have President Nixon’s intention to resign, I knew Congress in January, 1977. But in 1973, Vice been led by a man of such principled convic- then, and now, that rumors of a deal were President Spiro T. Agnew’s legal and cam- tions. Not only do we share the special bonds wrong-headed or worse. If believed, they paign finance problems surfaced; and when of the presidency, but I am also proud to would have the consequence of belittling he was forced to resign, Rep. Ford was se- claim Gerald Ford as my friend.’’ what I have since referred to as a Cin- lected as vice president. Eight years ago, for my feature on Gerald cinnatian act of moral courage by President Two years ago at the White House, Presi- Ford’s 80th birthday, another former presi- Ford. dent William Jefferson Clinton presented dent, Ronald Reagan, who narrowly lost the ‘‘Years later, the Nixon pardon must rank Gerald Ford with the Presidential Medal of 1976 presidential nomination to him, told me: with the most courageous acts of a sitting Freedom (America’s highest civilian award) ‘‘First, I can tell Jerry that turning 80 president. President Ford, almost alone, not- for his legacy of healing and restored hope. doesn’t hurt at all. Kidding aside, Jerry is an withstanding the advice of some of his most ‘‘From his days as a student and athlete, independent thinker and down to earth. He is intimate advisors, recognized that the na- Gerald Ford was destined for leadership,’’ not impressed with his own importance. tion could not risk further prolongation of Mr. Clinton noted. ‘‘He was an outstanding That humility has stood him in good stead. the ‘Watergate’ controversy and that the player on the Michigan football team in a ‘‘He climbed to the top of his profession very effectiveness of his presidency was at segregated era, and his horror at the dis- without wavering from his principles. When stake.’’ crimination to which one of his teammates respect for government officials had begun Jack Anderson, long-time columnist for was subjected, spawned in him a life-long to wane, he was, and still is, held in high re- United Features and Washington Editor of commitment to equal rights for all people. gard.’’ Parade Magazine, remembers Gerald Ford He represents what is best in public service For that same birthday tribute, former from his days in Congress. ‘‘He was never and what is best about America. President Nixon told me that he had met pumped up with self importance,’’ Mr. An- ‘‘. . .When steady, trustworthy Gerald Representative Ford in 1949 when he was derson says. ‘‘Even after he became Presi- Ford left the White House after 895 days, sworn in to Congress. ‘‘I was then a rep- dent, I was able to telephone him, leave a America was stronger, calmer, and more con- resentative from California, and for all these message, and he would return my calls, with- fident . . . more like President Ford him- years, we remained good friends,’’ Mr. Nixon out a secretary.’’ said. ‘‘In an illustrious career, he became an Jack Anderson adds: ‘‘Even though I was self.’’ Two months later, (October 1999) in a U.S. eminent statesman, and as my vice presi- number one on Richard Nixon’s ‘enemies Capitol Rotunda ceremony, both Gerald Ford dent, he was an asset. list,’ I agreed with President Ford’s pardon and his wife, Betty, were presented with the ‘‘Because he understood members of Con- of Mr. Nixon because I had learned that he Congressional Gold Medal, Congress’s high- gress, he was able to encourage them, to ap- was then in poor psychological condition. est civilian honor. (He became the first peal to their best qualities and to unite them . . . It took great political courage to grant for the common good. He was admired for his the pardon—against public will. So President former president to be so honored during his decency and his respect for each individual’s Ford did what was best for Mr. Nixon and our lifetime, and the event marked the first time rights. And so this milestone gives me the country rather than what was best for him- a president and first lady were honored to- chance to express my gratitude to Jerry self. . . .’’ gether.) Cong. Henry A. Waxman, (D. Calif—29th Cong. Vernon J. Ehlers (R. Mich), who in- Ford for all the good he has done for our na- district), ranking Democrat on the Govern- troduced the legislation to award the med- tion . . .’’ mental Reform and Oversight Committee als, said they are a token of appreciation When Gerald Ford became president, he and on the Energy and Commerce Com- from Congress for the former First Couple’s was faced with an overwhelmingly Demo- mittee, remembers that when he first came years of sacrifice and contributions . . . cratic Congress. He recalls that he ‘‘strug- to Congress in Jan., 1975, Gerald Ford was ‘‘They are living examples of truly great gled repeatedly’’ over such issues as govern- President of the U.S. Americans. . . .’’ ment spending, presidential war powers and ‘‘At the time, I was critical of his pardon Another speaker was President Clinton, oversight of the intelligence community. He of Richard Nixon,’’ Rep. Waxman told me. who, after lauding Gerald Ford for his also advocated reducing the size and role of ‘‘But, looking back now, President Ford took achievements, turned to him and revealed: the federal government through cuts in taxes the right action for our country, and I be- ‘‘When you made your healing decision, you and spending, paperwork reduction and gov- lieve history will show him as a president made the Democrats and Liberals angry one ernment deregulation. who helped bring the country together.’’ day, and you made the Conservatives angry In foreign affairs, he recalls, his adminis- As a freshman Congressman, Gerald Ford the next day. . . . I was then a young politi- tration emphasized stronger relationships was presented with the American Political cian trying to get elected to Congress. It was with American allies, encouraged detente Science Association’s Distinguished Public easy for us to criticize you because we were with the Soviet Union, and made progress in Service Award by Ambassador Max M. caught up in the moment. You didn’t get negotiating with the Soviets on nuclear Kampelman, who today recalls Mr. Ford’s caught up in the moment . . . and you were weapons. With French President Valery Gis- rise to the top—‘‘where he well served Amer- right . . . You were right about the con- card d’Estaing, he initiated annual inter- ica at a time of crisis . . . and the ‘Profile In troversial decisions you made to keep the national economic summits of the major de- Courage’ Award is a late, but well-deserved country together and I thank you for that.’’ veloped economic nations. In the face of bit- recognition.’’ Donald H. Rumsfeld, U.S. Ambassador to ter opposition, President Ford signed the Ambassador Kampelman, currently at the NATO (1973) and one of Mr. Ford’s White Helsinki Final Act, for the first time giving Georgetown University Institute for Study House Chiefs of Staff and Defense Secretary the issue of human rights a real ‘‘bite’’ in- of Diplomacy, was the head of the American (1975–1977), who is now again Secretary of De- side the Soviet bloc, which eventually led di- delegation to the Conference on Security and fense, told me that Gerald Ford’s basic rectly to Eastern Europe throwing off the Cooperation in Europe (1980–3). human decency ‘‘helped to replenish the res- shackles of communism. His administration During our interview at Washington, D.C.’s ervoir of trust for our country and I’m de- initiated the second Sinai disengagement Willard Inter-Continental Hotel, Mr. Ford lighted that the enormous contributions he agreement, further separating Israeli and was in an expansive mood while reviewing made are being recognized.’’ Egyptian forces and reducing tensions in the his life’s journey. He evaluated his achieve- After a taste of the presidency, Mr. Ford Middle East. It also directed the final with- ments and assessed the setbacks of his time still does not hide his disappointment at los- drawal of Americans and refugees from Indo- in the Oval Office, and he reflected on the ing the 1976 election to Jimmy Carter. ‘‘As china at the end of the Vietnam War. highs and lows of his 53 years in political you well know,’’ Mr. Ford notes, ‘‘I tried President Ford recalls that the saddest day life. very hard to win that election. That would of his presidency was April 30, 1975, ‘‘when we What does Gerald Ford most regret as he have given me a chance to expand individual had to pull our troops out of Saigon and looks back over a long and distinguished ca- freedom from mass government, mass indus- withdraw from South Vietnam, which soon reer? try, mass labor, and mass education.’’ surrendered to the North Vietnamese.’’ July 16, 2001 CONGRESSIONAL RECORD — SENATE S7683 Asked whether foreign affairs is more If he were able to relive his 88 years, what that by passing this legislation, we can pressing today than during his White House would he do differently? change hearts and minds as well. tenure, he says, ‘‘I don’t think it is any more ‘‘I would make no significant changes,’’ he says. ‘‘I’ve been lucky, both in my personal important than when we were faced daily f with the nuclear challenge from another su- life and professionally. Along the way I tried perpower—the Soviet Union. Those were to improve myself by learning something tense days. new in each of the jobs I held. I’ve witnessed THE VERY BAD DEBT BOXSCORE ‘‘Yes, we have problems today in Europe, more than my share of miracles . . . I’ve wit- Mr. HELMS. Madam President, at the Mideast and elsewhere. But they are no nessed the defeat of Nazi tyranny and the de- the close of business Friday, July 13, more serious than the Cold War days—with struction of hateful walls that once divided 2001, the Federal debt stood at all the challenges that then existed.’’ free men from those enslaved. Mr. Ford points out that President Nixon’s ‘‘. . . It has been a grand adventure and I $5,705,050,480,267.56, five trillion, seven skillful maneuvering in the Mideast will go have been blessed every step by a loving wife hundred five billion, fifty million, four down in the annals of great diplomacy. ‘‘In and supportive family.’’ hundred eighty thousand, two hundred foreign policy,’’ he says, ‘‘Richard Nixon is He says he will never forget one of the fam- sixty-seven dollars and fifty-six cents. unequaled by any other American president ily’s worst days in the White House . . . six One year ago, July 13, 2000, the Fed- in this century.’’ weeks after they moved in, ‘‘Betty received a eral debt stood at $5,666,740,000,000, five How was the presidency evolved since Ger- diagnosis of breast cancer,’’ he recalls. ‘‘But trillion, six hundred sixty-six billion, ald Ford left the White House 241⁄2 years ago? her courage in going public with her condi- ‘‘The office changes with each president,’’ he tion . . . and her candor about her mastec- seven hundred forty million. says. ‘‘Each occupant defines the role and his tomy increased awareness of the need of ex- Twenty-five years ago, July 13, 1976, responsibilities. In my case, I tried to make amination for early detection, saving count- the Federal debt stood at a difference in my leadership.’’ less women’s lives.’’ $617,642,000,000, six hundred seventeen He went on to say that he learned about Six years later (1980), former President and billion, six hundred forty-two million, leadership and making decisions while serv- Mrs. Ford dedicated The Betty Ford Diag- which reflects a debt increase of more ing as an officer in the US Navy during nostic and Comprehensive Breast Center, in than $5 trillion, $5,087,408,480,267.56, five World War II. ‘‘I think,’’ he adds, ‘‘I was a Washington, D.C. (part of Columbia Hospital trillion, eighty-seven billion, four hun- better vice president and president because for Women). The Center’s former director, of that military service.’’ Dr. Katherine Alley, a renowned breast can- dred eight million, four hundred eighty He notes that there is ‘‘a majesty’’ to the cer surgeon, says today: ‘‘As one of the first thousand, two hundred sixty-seven dol- presidency that inhibits even close friends women of note to go public with her cancer lars and fifty-six cents during the past and heads of state from telling the chief ex- diagnosis and treatment, Betty Ford helped 25 years. ecutive what is actually on their minds—es- women to face the disease more openly and pecially in the Oval Office. with less fear.’’ f ‘‘You can ask for blunt truth, but the Turning to his philosophy of life, Mr. Ford guarded response never varies,’’ he says. ‘‘To says: ‘‘I’ve always been an optimist and still ADDITIONAL STATEMENTS keep perspective, any president needs to hear am. Yes, I suffered a few disappointments straight talk. And he should, at times, come and defeats, but I tried to forget about those, down from the pedestal the office provides. and keep a positive attitude. When I was in ‘‘I’m still convinced that truth is the glue sports and lost a game by error, or in the po- TRIBUTE TO JAMES A. TURNER that holds government together—not only litical arena, when I lost by a narrow mar- our government, but civilization itself.’’ gin, no amount of groaning would do any ∑ Mr. SHELBY. Mr. President, I rise From his experiences, he cautions future good. So I don’t dwell on the past. I learned today to pay tribute to a dear friend, presidents about general abuse of power and to move on and look ahead.’’ James A. Turner of Tuscaloosa, Ala- the dangers of over-reliance on staff. At the outset of President Bill Clinton’s Much as he had yearned to be elected presi- bama. Jim Turner was a man of great first term, there was criticism of his staff dent in his own right in 1976, Gerald Ford is courage, intelligence and character. We and operation of his White House. Mr. Ford confident that history will record that he were friends for more than 40 years. I then expressed sympathy for a president un- ‘‘healed America at a very difficult time.’’ He believes that his presidential leadership believe America has lost a great pa- dergoing periods of anxiety and disarray, for 29 months had steered the U.S. out of triot with the recent death of James A. even turmoil. Turner. He noted that he, too, had problems with that period of turmoil, making it possible to staff mismanagement. Today, he is still con- move from despair to a renewed national Born in 1925, Jim grew up on a farm cerned about the image of the presidency, unity of purpose and progress. just outside of Tuscaloosa, Alabama. ‘‘I also re-established a working relation- and still concerned that a solution has not As World War II began, Jim left high ship between the White House and Congress, been found about overzealous White House school to serve his country. He enlisted one that had been ruptured,’’ he concludes. employees who are not instructed, from the ‘‘All that made an important difference. I in the Marine Corps and served with outset, that they work for the president and consider that to be my greatest accomplish- honor. Indeed, he earned and received for the people—and not the other way ment as president, and I hope historians will the Purple Heart in 1945 on Iwo Jima around. He maintains that staff assistants are not record that as my legacy.’’ when a machine gun blinded him dur- elected by the people, and that the president f ing battle. Jim returned to Alabama and in spite himself needs to determine how much trust LOCAL LAW ENFORCEMENT ACT to invest in his aides. ‘‘Otherwise,’’ he em- of his blindness earned his under- phasizes, ‘‘the ramifications and the con- OF 2001 graduate degree in 1949. He received his sequences of their arrogance and abuse of Mr. SMITH of Oregon. Madam Presi- juris doctorate from the University of power—particularly by secondary and lower dent, I rise today to speak about hate Alabama in 1952. Jim always credited staff—can be dangerous.’’ crimes legislation I introduced with his wife and classmate, Louise, for his Mr. Ford concurs with one of President Senator KENNEDY in March of this Lyndon B. Johnson’s press secretaries, success in school. Louise read Jim’s George E. Reedy, who wrote in his book, year. The Local law Enforcement Act textbooks to him so he could keep up ‘‘The Twilight of the Presidency’’: ‘‘Presi- of 2001 would add new categories to with his studies. dents should not hire any assistants under 40 current hate crimes legislation sending Following graduation, Louise joined years old who had not suffered any major a signal that violence of any kind is Jim at their law firm, Turner and disappointments in life. When young ama- unacceptable in our society. Turner. Today, their son, Don, and teurs find themselves in the West Wing or I would like to describe a terrible their grandson, Brian, also work at East Wing of the White House, they begin to crime that occurred November 3, 1991 Turner and Turner. The family law think they are little tin gods . . .’’ In his autobiography, ‘‘A Time to Heal,’’ in Houston, TX. Phillip W. Smith was firm has spanned five decades and con- Mr. Ford wrote: ‘‘Reedy had left the White shot to death outside a gay bar in tinues to thrive in Tuscaloosa. House staff several years before, but he was Montrose. Johnny Bryant Darrington Together, Jim and Louise raised predicting the climate that had led to ‘Wa- III, 20, was charged with murder and three wonderful sons, Don, Rick and tergate.’ And that is disturbing.’’ aggravated robbery. He told police he Glenn, who have brought them great Born in 1913 in Omaha, Nebraska, to Doro- hated homosexuals. joy in life. Their grandchildren, Brian, thy Gardner and Leslie Lynch King Jr., Ger- I believe that government’s first duty Lindsay and Brittany; and great-grand- ald Ford was christened Leslie L. King Jr. is to defend its citizens, to defend them His parents divorced when he was two years daughter Farris, are sources of consid- old. He moved with his mother to Grand against the harms that come out of erable pride. Rapids, Mich., where she married Gerald Ru- hate. The Local Law Enforcement En- Jim was active in his community. He dolph Ford, who later adopted the child and hancement Act of 2001 is now a symbol was an active member of the Tusca- gave him his name, Gerald Rudolph Ford Jr. that can become substance. I believe loosa Bar Association and also served S7684 CONGRESSIONAL RECORD — SENATE July 16, 2001 as President of the Tuscaloosa Bar As- Law Review and went on to serve as law the public interest while serving one’s cli- sociation. His family worshiped at clerk for Judge Armistead Dobie, a former ents. He sought to lead his students to a life United Methodist Church in Alberta. Dean of the Law School who by tradition in law that would ennoble and dignify the We have in recent years heard ref- chose the most outstanding graduate of each person living it. class as his assistant. During this time of building a prestigious erence to ‘‘the Greatest Generation.’’ Mort had barely begun his career as a New law firm and extending a teaching career, Many of us have friends and relatives York lawyer when World War II broke out. Mort Caplin still found time for significant who have served our country and In anticipation of the conflict, he already service to the bar and the general public. He earned the right to wear that mantle. had enlisted in the Navy and took up his served as President of the Indigent Civil However, I know of few men who lived commission shortly after Pearl Harbor. Litigation Fund and on the executive com- every day of their lives with the valor, Eager for active duty, he requested a trans- mittee of the Washington Lawyers Com- fer out of the stateside intelligence work mittee for Civil Rights under Law, on nu- courage, and love of country with that was his first assignment. The Navy re- merous significant committees of the Amer- which Jim Turner lived his entire life. sponded by making him a beachmaster on ican Bar Association, and various charitable Our country has lost a good man and Omaha Beach during the Normandy inva- organizations. His service as a trustee of the great lawyer, a devoted husband and sion. Facing enemy fire, Mort had to make Law School foundation in particular pro- father, a proud Marine and a loyal hard choices quickly to ensure that supplies vided great vision and support during a pe- American. Words cannot express the and reinforcements kept coming. When the riod of change and growth. In recognition of respect I have for Jim Turner, nor can occasion required it, he used creativity and this service, Mort collected a remarkable imagination to cut through bureaucratic im- number of awards and distinctions, honorary they express the sorrow my family and degrees and other testimonials to his gen- ∑ pediments to achieving his essential mission. our community feels since this loss. Thus, when a ship’s captain refused to beach erosity and accomplishments. f his vessel at a time when the ammunition it In 1988, at the age of 72, Mort Caplin be- came a Professor Emeritus of the University. TRIBUTE TO MORTIMER CAPLIN carried was in short supply along the front and no other method of delivering its cargo This simply opened a new phase in his aston- ∑ Mr. WARNER. Mr. President, I rise presented itself, Mort invented a two-star ishing career of service and dedication to this University and to the profession. Still to today to honor a man whose lifetime general whose imaginary order got the job come was a five-year term on the Univer- done. record of achievement and service is sity’s Board of Visitors and exemplary serv- the embodiment of the best of Amer- Mort Caplin returned from the war to New York, but not many years later heard the ice to the Law School as chair of the execu- ica. My friend, Mortimer Caplin, has tive committee of our recently concluded 1 University’s call and answered, joining the for 6 ⁄2 decades honorably served his Law faculty in 1950. For over a decade he capital campaign. When we began the Law School campaign in July 1992, the first per- Nation, his community, and our be- taught federal taxation and constitutional son I went to see was Mortimer Caplin. When loved University of Virginia, amassing law. During this time he produced important I asked whether he would lead what would an exemplary record of accomplish- scholarship and excelled in the classroom. become an eight-year fundraising effort. Perhaps equally important was the leader- ment of the highest order. I ask unani- Mort replied simply, ‘‘I’ll do it.’’ True to his ship role Mortimer Caplin played at the Uni- mous consent that the following re- word, he did. By dint of his example and versity and in the Charlottesville commu- marks made by Robert E. Scott, Dean leadership, the Law School recently con- nity. In 1950 Mort led the Law faculty in its of the University of Virginia Law cluded the most successful campaign in the unanimous decision to admit Gregory Swan- School, be printed in the RECORD. history of American legal education. son to the Law School, the first African- Mort Caplin remains to this day a central These remarks are part of a speech American to enroll at the University. Subse- Dean Scott made during the presen- figure in the governance of the Law School quently, Mort was a central figure in orga- and its guidance into the twenty-first cen- tation to Mr. Caplin of The Thomas nizing the efforts of the Charlottesville com- tury. He has been a driving force behind the Jefferson Foundation Medal in Law, munity to circumvent the ‘‘massive resist- Law School’s commitment to a broad public the University of Virginia’s highest ance’’ campaign that Virginia’s political vision, as reflected in our decision to dedi- honor. leaders had launched at the Supreme Court’s cate our Public Service Center in his honor. desegregation mandate. Mort, along with REMARKS OF DEAN ROBERT E. SCOTT UPON He, in turn, has honored, elevated, and en- other law faculty and their spouses worked THE PRESENTATION OF THE THOMAS JEFFER- riched us along every possible dimension. unceasingly to ensure that neither children Mr. President, Mortimer Caplin comes to SON FOUNDATION MEDAL IN LAW TO nor civil rights suffered during this dark us today as the embodiment of what Mr. Jef- MORTIMER M. CAPLIN, APRIL 12, 2001 time in Virginia’s history. ferson envisioned as the best that we Ameri- MR. PRESIDENT, MR. RECTOR, AND DISTIN- A brilliant and popular professor, Mort cans have within us. He has lived a life in GUISHED GUESTS: Today is the 10th, and last Caplin dazzled his students. One who was es- law as a high calling, one dedicated to ad- time I will stand in this glorious space and pecially impressed was Robert F. Kennedy, vancement of knowledge, service to the na- introduce a recipient of the Jefferson Medal the younger brother of a rising star in the tion, husbanding the great resources with in Law. None of the prior occasions have Democratic Party. Several years later, after which we have been endowed and ensuring given me as much joy and pleasure as the that rising star had become the President of that all Americans can take part in our duty I discharge today. It is my great honor the United States, John F. Kennedy ap- great national banquet and enjoy the oppor- to present Mortimer M. Caplin, the 2001 re- pointed his brother’s former tax professor as tunities that life in America presents. On be- cipient of the Thomas Jefferson Foundation United States Commissioner of Internal Rev- half of the School of Law and the selection Medal in Law. Mortimer Caplin represents enue. Mort accepted this challenge with his committee, it is my privilege to introduce the very best of the University’s aspirations characteristic energy and good judgment. He Mortimer M. Caplin as the 2001 recipient of for its own. Some people gain distinction by led that critically important if sometimes the Thomas Jefferson Foundation Medal in happenstance, by being in the right place unpopular agency for three years, at a time Law.∑ and the right time and then rising to the oc- of significant changes in the United States f casion. Mortimer Caplin’s reputation rests economy and the tax system. At the end of on a lifetime of achievement. Throughout his term, the Treasury Department granted EXECUTIVE AND OTHER the nearly seven decades that he has been as- him the Alexander Hamilton award, the COMMUNICATIONS sociated with the University, he has exempli- highest possible honor that institution can The following communications were fied a singular constancy of excellence. At bestow. every step of the way he has shown how tal- Having traveled to Washington, Mort chose laid before the Senate, together with ent, courage, persistence and a commitment to stay. He recognized the need for a first- accompanying papers, reports, and doc- to service can combine to inspire and trans- rate law firm specializing in tax practice uments, which were referred as indi- form us. These are exactly the qualities that and, with Douglas Drysdale, another Vir- cated: Mr. Jefferson exemplified in his own life and ginia alumnus, founded Caplin & Drysdale. EC–2802. A communication from the Direc- wanted his University to embody. Shortly after establishing his law firm, tor of the Corporate Policy and Research De- Mortimer Caplin was born in New York in Mort resumed his teaching at the Law partment, Pension Benefit Guaranty Cor- 1916. He came to Charlottesville in 1933, grad- School. For more than twenty years he poration, transmitting, pursuant to law, the uating from the college in 1937 and the Law taught advanced courses emphasizing the report of a rule entitled ‘‘Disclosure and School in 1940. As an undergraduate, he not interplay of tax law and practice. For many Amendment of Records Pertaining to Indi- only earned the highest academic honors but students at Virginia, tax law with Mortimer viduals Under the Privacy Act’’ received on excelled at what the University then re- Caplin became a springboard for a career June 26, 2001; to the Committee on Health, garded as the most estimable athletic en- both as public servants and as practitioners Education, Labor, and Pensions. deavor its students could undertake, inter- in the nation’s elite law firms. Mort consist- EC–2803. A communication from the Direc- collegiate boxing. At the Law School, he dis- ently emphasized the importance of a law- tor of the Corporate Policy and Research De- played the same pattern of remarkable suc- yer’s independence and judgment, and partment, Pension Benefit Guaranty Cor- cess. He was elected editor-in-chief of the preached the central obligation of advancing poration, transmitting, pursuant to law, the July 16, 2001 CONGRESSIONAL RECORD — SENATE S7685 report of a rule entitled ‘‘Benefits Payable in mitting, pursuant to law, the report of a va- sion and Welfare Benefits Administration, Terminated Single-Employer Plans; Alloca- cancy in the position of Director of the received on June 27, 2001; to the Committee tion of Assets in Single-Employer Plans; In- Women’s Bureau, SL–8, received on June 27, on Health, Education, Labor, and Pensions. terest Assumptions for Valuing and Paying 2001; to the Committee on Health, Education, EC–2824. A communication from the Sec- Benefits’’ received on June 26, 2001; to the Labor, and Pensions. retary of Health and Human Services, trans- Committee on Health, Education, Labor, and EC–2814. A communication from the Acting mitting, a report entitled ‘‘Protections for Pensions. Assistant Secretary for Administration and Children in Research’’; to the Committee on EC–2804. A communication from the Acting Management, Department of Labor, trans- Health, Education, Labor, and Pensions. Assistant Secretary for Administration and mitting, pursuant to law, the report of a va- EC–2825. A communication from the Direc- Management, Department of Labor, trans- cancy in the position of Assistant Secretary, tor of Regulations Policy and Management, mitting, pursuant to law, the report of a Employment and Training Administration, Food and Drug Administration, Department nomination for the position of Assistant Sec- received on June 27 , 2001; to the Committee of Health and Human Services, transmitting, retary for Congressional and Intergovern- on Health, Education, Labor, and Pensions. pursuant to law, the report of a rule entitled mental Affairs, received on June 27, 2001; to EC–2815. A communication from the Acting ‘‘Secondary Direct Food Additives Permitted the Committee on Health, Education, Labor, Assistant Secretary for Administration and in Food for Human Consumption’’ (Doc. No. and Pensions. Management, Department of Labor, trans- 00F–1488) received on June 27, 2001; to the EC–2805. A communication from the Acting mitting, pursuant to law, the report of a va- Committee on Health, Education, Labor, and Assistant Secretary for Administration and cancy and the designation of acting officer Pensions. Management, Department of Labor, trans- for the position of Solicitor of Labor, re- EC–2826. A communication from the Asso- mitting, pursuant to law, the report of a ceived on June 27, 2001; to the Committee on ciate Solicitor for Legislation and Legal nomination for the position of Assistant Sec- Health, Education, Labor, and Pensions. Counsel, Department of Labor, transmitting, retary for Policy, received on June 27, 2001; EC–2816. A communication from the Acting pursuant to law, the report of a nomination to the Committee on Health, Education, Assistant Secretary for Administration and for the position of Assistant Secretary of the Labor, and Pensions. Management, Department of Labor, trans- Occupational Safety and Health Administra- EC–2806. A communication from the Acting mitting, pursuant to law, the report of a va- tion, received on June 28, 2001; to the Com- Assistant Secretary for Administration and cancy and the designation of acting officer mittee on Health, Education, Labor, and Management, Department of Labor, trans- for the position of Secretary of Labor, re- Pensions. EC–2827. A communication from the Assist- mitting, pursuant to law, the report of a ceived on June 27, 2001; to the Committee on ant Secretary for Administration and Man- nomination and a nomination confirmed for Health, Education, Labor, and Pensions. agement, Department of Labor, transmit- the position of Assistant Secretary for Ad- EC–2817. A communication from the Acting ting, pursuant to law, the report of a nomi- ministration and Management, received on Assistant Secretary for Administration and nation confirmed for the position of Deputy June 27, 2001; to the Committee on Health, Management, Department of Labor, trans- Secretary of Labor, received on June 28, 2001; Education, Labor, and Pensions. mitting, pursuant to law, the report of a va- to the Committee on Health, Education, EC–2807. A communication from the Acting cancy and the designation of acting officer Labor, and Pensions. Assistant Secretary for Administration and for the position of Assistant Secretary, Oc- EC–2828. A communication from the Asso- Management, Department of Labor, trans- cupational Safety and Health Administra- ciate Solicitor for Legislation and Legal mitting, pursuant to law, the report of a va- tion, received on June 27, 2001; to the Com- Counsel, Department of Labor, transmitting, cancy and the designation of acting officer mittee on Health, Education, Labor, and pursuant to law, the report of the designa- for the position of Chief Financial Officer, Pensions. tion of acting officer for the position of As- EC–2818. A communication from the Acting EX–IV, received on June 27, 2001; to the Com- sistant Secretary for Public Affairs, received mittee on Health, Education, Labor, and Assistant Secretary for Administration and on June 28, 2001; to the Committee on Pensions. Management, Department of Labor, trans- Health, Education, Labor, and Pensions. EC–2808. A communication from the Acting mitting, pursuant to law, the report of a va- EC–2829. A communication from the Assist- Assistant Secretary for Administration and cancy and the designation of acting officer ant Secretary for Administration and Man- Management, Department of Labor, trans- for the position of Assistant Secretary, Em- agement, Department of Labor, transmit- mitting, pursuant to law, the report of a va- ployment Standards Administration, re- ting, pursuant to law, the report of the des- cancy in the position of Wage Hour Adminis- ceived on June 27, 2001; to the Committee on ignation of acting officer for the position of trator, EX–V, received on June 27, 2001; to Health, Education, Labor, and Pensions. Solicitor of Labor, received on June 28, 2001; the Committee on Health, Education, Labor, EC–2819. A communication from the Acting to the Committee on Health, Education, and Pensions. Assistant Secretary for Administration and Labor, and Pensions. EC–2809. A communication from the Acting Management, Department of Labor, trans- EC–2830. A communication from the Assist- Assistant Secretary for Administration and mitting, pursuant to law, the report of a ant Secretary for Administration and Man- Management, Department of Labor, trans- nomination for the position of Deputy Sec- agement, Department of Labor, transmit- mitting, pursuant to law, the report of a va- retary of Labor, received on June 27, 2001; to ting, pursuant to law, the report of the dis- cancy in the position of Assistant Secretary the Committee on Health, Education, Labor, continuation of service in acting role for the for PWBA, received on June 27, 2001; to the and Pensions. position of Solicitor of Labor, received on Committee on Health, Education, Labor, and EC–2820. A communication from the Acting June 28, 2001; to the Committee on Health, Pensions. Assistant Secretary for Administration and Education, Labor, and Pensions. EC–2810. A communication from the Acting Management, Department of Labor, trans- EC–2831. A communication from the Acting Assistant Secretary for Administration and mitting, pursuant to law, the report of a Assistant General Counsel for Regulations, Management, Department of Labor, trans- nomination for the position of Solicitor of Office of Postsecondary Education, Depart- mitting, pursuant to law, the report of the Labor, received on June 27, 2001; to the Com- ment of Education, transmitting, pursuant discontinuation of service in acting role for mittee on Health, Education, Labor, and to law, the report of a rule entitled ‘‘Federal the position of Assistant Secretary for Con- Pensions. Family Education Loan Program and Wil- gressional and Intergovernmental Affairs, EC–2821. A communication from the Acting liam D. Ford Federal Direct Loan Program’’ EX–IV, received on June 27, 2001; to the Com- Assistant Secretary for Administration and received on June 28, 2001; to the Committee mittee on Health, Education, Labor, and Management, Department of Labor, trans- on Health, Education, Labor, and Pensions. Pensions. mitting, pursuant to law, the report of a EC–2832. A communication from the Direc- EC–2811. A communication from the Acting nomination and a nomination confirmed for tor of Regulations Policy and Management, Assistant Secretary for Administration and the position of Director of the Women’s Bu- Food and Drug Administration, Department Management, Department of Labor, trans- reau, received on June 27, 2001; to the Com- of Health and Human Services, transmitting, mitting, pursuant to law, the report of the mittee on Health, Education, Labor, and pursuant to law, the report of a rule entitled discontinuation of service in acting role for Pensions. ‘‘Requirements for Testing Human Blood Do- the position of Assistant Secretary for Pol- EC–2822. A communication from the Acting nors for Evidence of Infection Due to Com- icy, EX–IV, received on June 27, 2001; to the Assistant Secretary for Administration and municable Disease Agents’’ (Doc. No. 98N– Committee on Health, Education, Labor, and Management, Department of Labor, trans- 0581) received on June 28, 2001; to the Com- Pensions. mitting, pursuant to law, the report of a mittee on Health, Education, Labor, and EC–2812. A communication from the Acting nomination and a nomination confirmed for Pensions. Assistant Secretary for Administration and the position of Assistant Secretary for Mine EC–2833. A communication from the Direc- Management, Department of Labor, trans- Safety and Health, received on June 27, 2001; tor of Regulations Policy and Management, mitting, pursuant to law, the report of a va- to the Committee on Health, Education, Food and Drug Administration, Department cancy in the position of Assistant Secretary Labor, and Pensions. of Health and Human Services, transmitting, for VETS, EX–IV, received on June 27, 2001; EC–2823. A communication from the Acting pursuant to law, the report of a rule entitled to the Committee on Health, Education, Assistant Secretary for Administration and ‘‘General Requirements for Blood, Blood Labor, and Pensions. Management, Department of Labor, trans- Components, and Blood Derivatives; Donor EC–2813. A communication from the Acting mitting, pursuant to law, the report of a Notification’’ (Doc. No. 98N–0607) received on Assistant Secretary for Administration and nomination and a nomination confirmed for June 28, 2001; to the Committee on Health, Management, Department of Labor, trans- the position of Assistant Secretary for Pen- Education, Labor, and Pensions. S7686 CONGRESSIONAL RECORD — SENATE July 16, 2001 EC–2834. A communication from the Sec- EC–2846. A communication from the White Committee on Health, Education, Labor, and retary of Health and Human Services, trans- House Liaison, Department of Education, Pensions. mitting, pursuant to law, a report entitled transmitting, pursuant to law, the report of EC–2858. A communication from the White ‘‘Tobacco Control Activities in the United a vacancy in the position of Assistant Sec- House Liaison, Department of Education, States, 1994–1999’’; to the Committee on retary, Office of Postsecondary Education, transmitting, pursuant to law, the report of Health, Education, Labor, and Pensions. received on June 28, 2001; to the Committee a nomination for the position of Assistant EC–2835. A communication from the White on Health, Education, Labor, and Pensions. Secretary, Office of Educational Research House Liaison, Department of Education, EC–2847. A communication from the White and Improvement, received on June 28, 2001; transmitting, pursuant to law, the report of House Liaison, Department of Education, to the Committee on Health, Education, a vacancy in the position of Secretary of transmitting, pursuant to law, the report of Labor, and Pensions. Education, received on June 28, 2001; to the a vacancy in the position of Assistant Sec- EC–2859. A communication from the White Committee on Health, Education, Labor, and retary of the Office of Educational Research House Liaison, Department of Education, Pensions. and Improvement, received on June 28, 2001; transmitting, pursuant to law, the report of EC–2836. A communication from the White to the Committee on Health, Education, a nomination confirmed for the position of House Liaison, Department of Education, Labor, and Pensions. Secretary of Education, received on June 28, transmitting, pursuant to law, the report of EC–2848. A communication from the White 2001; to the Committee on Health, Education, a vacancy in the position of Deputy Sec- House Liaison, Department of Education, Labor, and Pensions. retary of Education, received on June 28, transmitting, pursuant to law, the report of EC–2860. A communication from the White 2001; to the Committee on Health, Education, a vacancy in the position of Commissioner of House Liaison, Department of Education, Labor, and Pensions. Education Statistics, Office of Educational transmitting, pursuant to law, the report of EC–2837. A communication from the White Research and Improvement, received on June a nomination confirmed for the position of House Liaison, Department of Education, 28, 2001; to the Committee on Health, Edu- Deputy Secretary of Education , received on transmitting, pursuant to law, the report of cation, Labor, and Pensions. June 28, 2001; to the Committee on Health, a vacancy in the position of Under Sec- EC–2849. A communication from the White Education, Labor, and Pensions. retary, received on June 28, 2001; to the Com- House Liaison, Department of Education, EC–2861. A communication from the Acting mittee on Health, Education, Labor, and transmitting, pursuant to law, the report of Director of the United States Office of Per- Pensions. a vacancy in the position of Assistant Sec- sonnel Management, transmitting, pursuant EC–2838. A communication from the White retary, Office of Vocational and Adult Edu- to law, the report of a vacancy in the posi- House Liaison, Department of Education, cation, received on June 28, 2001; to the Com- tion of Deputy Director, received on June 28, transmitting, pursuant to law, the report of mittee on Health, Education, Labor, and 2001; to the Committee on Governmental Af- a vacancy in the position of Chief Financial Pensions. fairs. Officer, received on June 28, 2001; to the EC–2850. A communication from the White EC–2862. A communication from the Acting Committee on Health, Education, Labor, and House Liaison, Department of Education, Director of the United States Office of Per- Pensions. transmitting, pursuant to law, the report of sonnel Management, transmitting, pursuant EC–2839. A communication from the White a vacancy in the position of Assistant Sec- to law, the report of a nomination for the po- House Liaison, Department of Education, retary, Office of Management, received on sition of Director, received on June 28, 2001; transmitting, pursuant to law, the report of June 28, 2001; to the Committee on Health, to the Committee on Governmental Affairs. a vacancy in the position of Assistant Sec- Education, Labor, and Pensions. EC–2863. A communication from the Chair- retary, Office of Intergovernmental and EC–2851. A communication from the White man of the Board of Directors of the Cor- Interagency Affairs, received on June 28, House Liaison, Department of Education, poration for Public Broadcasting, transmit- 2001; to the Committee on Health, Education, transmitting, pursuant to law, the report of ting, pursuant to law, the report of the Of- Labor, and Pensions. a nomination for the position of Secretary of fice of the Inspector General for the period EC–2840. A communication from the White Education, received on June 28, 2001; to the beginning October 1, 2000 through March 31, House Liaison, Department of Education, Committee on Health, Education, Labor, and 2001; to the Committee on Governmental Af- transmitting, pursuant to law, the report of Pensions. fairs. a vacancy in the position of Assistant Sec- EC–2852. A communication from the White EC–2864. A communication from the Execu- retary, Office for Civil Rights, received on House Liaison, Department of Education, tive Director of the Committee for Purchase June 28, 2001; to the Committee on Health, transmitting, pursuant to law, the report of From People Who Are Blind or Severely Dis- Education, Labor, and Pensions. a nomination for the position of Deputy Sec- abled, transmitting, pursuant to law, the re- EC–2841. A communication from the White retary of Education, received on June 28, port of additions to the procurement list, re- House Liaison, Department of Education, 2001; to the Committee on Health, Education, ceived on June 28, 2001; to the Committee on transmitting, pursuant to law, the report of Labor, and Pensions. Governmental Affairs. a vacancy in the position of Assistant Sec- EC–2853. A communication from the White EC–2865. A communication from the Acting retary, Office of Elementary and Secondary House Liaison, Department of Education, Commissioner of Social Security, transmit- Education, received on June 28, 2001; to the transmitting, pursuant to law, the report of ting, pursuant to law, the report of the Of- Committee on Health, Education, Labor, and a nomination for the position of Under Sec- fice of the Inspector General for the period Pensions. retary, received on June 28, 2001; to the Com- beginning October 1, 2000 through March 31, EC–2842. A communication from the White mittee on Health, Education, Labor, and 2001; to the Committee on Governmental Af- House Liaison, Department of Education, Pensions. fairs. transmitting, pursuant to law, the report of EC–2854. A communication from the White EC–2866. A communication from the In- a vacancy in the position of Assistant Sec- House Liaison, Department of Education, spector General of the Federal Housing Fi- retary, Office of Legislation and Congres- transmitting, pursuant to law, the report of nance Board, transmitting, pursuant to law, sional Affairs, received on June 28, 2001; to a nomination for the position of Assistant the report of the Office of the Inspector Gen- the Committee on Health, Education, Labor, Secretary, Office of Intergovernmental and eral for the period beginning October 1 , 2000 and Pensions. Interagency Affairs, received on June 28, through March 31, 2001; to the Committee on EC–2843. A communication from the White 2001; to the Committee on Health, Education, Governmental Affairs. House Liaison, Department of Education, Labor, and Pensions. EC–2867. A communication from the Chair- transmitting, pursuant to law, the report of EC–2855. A communication from the White man of the United States Merit Systems a vacancy in the position of General Counsel, House Liaison, Department of Education, Protection Board, transmitting, pursuant to received on June 28, 2001; to the Committee transmitting, pursuant to law, the report of law, the Annual Report for Fiscal Year 2000; on Health, Education, Labor, and Pensions. a nomination for the position of Assistant to the Committee on Governmental Affairs. EC–2844. A communication from the White Secretary, Office of Elementary and Sec- EC–2868. A communication from the Prin- House Liaison, Department of Education, ondary Education, received on June 28, 2001; cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of to the Committee on Health, Education, Environmental Protection Agency, transmit- a vacancy in the position of Assistant Sec- Labor, and Pensions. ting, pursuant to law, the report of a rule en- retary, Office of Special Education and Re- EC–2856. A communication from the White titled ‘‘National Emission Standards for Haz- habilitative Services, received on June 28, House Liaison, Department of Education, ardous Air Pollutants from Oil and Natural 2001; to the Committee on Health, Education, transmitting, pursuant to law, the report of Gas Production Facilities and National Labor, and Pensions. a nomination for the position of Assistant Emission Standards for Hazardous Air Pol- EC–2845. A communication from the White Secretary, Office of Legislation and Congres- lutants from Natural Gas Transmission and House Liaison, Department of Education, sional Affairs, received on June 28, 2001; to Storage Facilities’’ (FRL6997–9) received on transmitting, pursuant to law, the report of the Committee on Health, Education, Labor, June 21, 2001; to the Committee on Environ- a vacancy in the position of Commissioner of and Pensions. ment and Public Works. Rehabilitative Services Administration, Of- EC–2857. A communication from the White EC–2869. A communication from the Prin- fice of Special Education and Rehabilitative House Liaison, Department of Education, cipal Deputy Associate Administrator of the Services, received on June 28, 2001; to the transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- Committee on Health, Education, Labor, and a nomination for the position of General ting, pursuant to law, the report of a rule en- Pensions. Counsel, received on June 28, 2001; to the titled ‘‘NESHAP: Standards for Hazardous July 16, 2001 CONGRESSIONAL RECORD — SENATE S7687 Air Pollutants for Hazardous Waste’’ entitled ‘‘Notice 2001–43’’ (OGI–124010–01) re- Committee on Environment and Public (FRL7001–8) received on June 21, 2001; to the ceived on July 2, 2001; to the Committee on Works. Committee on Environment and Public Finance. EC–2890. A communication from the Prin- Works. EC–2880. A communication from the Direc- cipal Deputy Associate Administrator of the EC–2870. A communication from the Prin- tor of Regulations Policy and Management, Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the Food and Drug Administration, Department ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- of Health and Human Services, transmitting, titled ‘‘Revision to the California State Im- ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled plementation Plan, Bay Area Air Quality titled ‘‘Approval and Promulgation of Air ‘‘Secondary Direct Food Additives Permitted Management District, El Dorado County Air Quality Implementation Plans; New Hamp- in Food for Human Consumption’’ (Doc. No. Pollution Control District’’ (FRL7005–1) re- shire; New Source Review Revision’’ 00F–1482) received on July 5, 2001; to the ceived on July 5, 2001; to the Committee on (FRL6999–6) received on June 27, 2001; to the Committee on Health, Education, Labor, and Environment and Public Works. Committee on Environment and Public Pensions. EC–2891. A communication from the Prin- Works. EC–2881. A communication from the Con- cipal Deputy Associate Administrator of the EC–2871. A communication from the Prin- gressional Review Coordinator , Policy and Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the Program Development, Animal and Plant ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Health Inspection Service, Department of titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- Agriculture, transmitting, pursuant to law, mentation Plan for Texas: Transportation titled ‘‘Approval of Section 112(1) Authority the report of a rule entitled ‘‘Gypsy Moth Control Measures Rule’’ (FRL7010–9) received for Hazardous Air Pollutants; Chemical Acci- Generally Infested Areas’’ (Doc. No. 01–049–1) on July 10, 2001; to the Committee on Envi- dent Prevention; Risk Management Plans; received on July 5, 2001; to the Committee on ronment and Public Works. New Jersey Department of Environmental Agriculture, Nutrition, and Forestry. EC–2892. A communication from the Prin- Protection’’ (FRL6996–7) received on June 27, EC–2882. A communication from the Prin- cipal Deputy Associate Administrator of the 2001; to the Committee on Environment and cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- Public Works. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- EC–2872. A communication from the Prin- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- cipal Deputy Associate Administrator of the titled ‘‘Extension of Tolerances for Emer- mentation Plans: Alabama: Nitrogen Oxides Environmental Protection Agency, transmit- gency Exemptions (Multiple Chemicals)’’ Budget and Allowance Trading Program’’ ting, pursuant to law, the report of a rule en- (FRL6793–8) received on July 11, 2001; to the (FRL7012–1) received on July 10, 2001; to the titled ‘‘OMB Approvals Under the Paperwork Committee on Agriculture, Nutrition, and Committee on Environment and Public Reduction Act; Technical Amendment’’ Forestry. Works. (FRL6771–7) received on June 27, 2001; to the EC–2883. A communication from the Gen- EC–2893. A communication from the Prin- Committee on Environment and Public eral Counsel of the Federal Emergency Man- cipal Deputy Associate Administrator of the Works. agement Agency, transmitting, pursuant to Environmental Protection Agency, transmit- EC–2873. A communication from the Prin- law, the report of a rule entitled ‘‘National ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the Flood Insurance Program; Clarification of titled ‘‘Approval and Promulgation of Imple- Environmental Protection Agency, transmit- Letter of Map Amendment Determinations’’ mentation Plans; Texas; Houston/Galveston ting, pursuant to law, the report of a rule en- (RIN3067–AD19) received on July 5, 2001; to Volatile Organic Compound Reasonably titled ‘‘Clean Air Act Approval and Promul- the Committee on Banking, Housing, and Available Control Technology Revision’’ gation of Air Quality Implementation Plan Urban Affairs. (FRL7001–6) received on July 10, 2001; to the Revision for Colorado; Long-Term Strategy EC–2884. A communication from the Gen- Committee on Environment and Public of State Implementation Plan for Class I eral Counsel of the Federal Emergency Man- Works. Visibility Protection: Craig Station Require- agement Agency, transmitting, pursuant to EC–2894. A communication from the Prin- ments’’ (FRL7005–8) received on June 28, 2001; law, the report of a rule entitled ‘‘Changes in cipal Deputy Associate Administrator of the to the Committee on Environment and Pub- Flood Elevation Determinations’’ (Doc. No. Environmental Protection Agency, transmit- lic Works. FEMA–B–7415) received on July 5, 2001; to the ting, pursuant to law, the report of a rule en- EC–2874. A communication from the Direc- Committee on Banking , Housing, and Urban titled ‘‘National Emission Standards for Haz- tor of the Federal Emergency Management Affairs. ardous Air Pollutants for Chemical Recovery Agency, transmitting, pursuant to law, a re- EC–2885. A communication from the Assist- Combustion Sources at Kraft, Soda, Sulfite, port relative to the Commonwealth of Mas- ant Secretary for Export Administration, and Stand-Alone Semichemical Pulp Mills’’ sachusetts; to the Committee on Environ- Bureau of Export Administration, Depart- (FRL6997–8) received on July 10, 2001; to the ment and Public Works. ment of Commerce, transmitting, pursuant Committee on Environment and Public EC–2875. A communication from the Assist- to law, the report of a rule entitled ‘‘Exports Works. ant Legal Advisor for Treaty Affairs, Depart- of Agricultural Commodities, Medicines and EC–2895. A communication from the Prin- ment of State, transmitting, pursuant to Medical Devices’’ (RIN0694–AC37) received on cipal Deputy Associate Administrator of the law, the report of texts and background July 10, 2001; to the Committee on Banking, Environmental Protection Agency, transmit- statements of international agreements, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- other than treaties; to the Committee on EC–2886. A communication from the Chair- titled ‘‘Regulation of Fuel and Fuel Addi- Foreign Relations. man of the District of Columbia Financial tives: Reformulated Gasoline Adjustment’’ EC–2876. A communication from the White Responsibility and Management Assistance (FRL7011–2) received on July 10, 2001; to the House Liaison, Department of Justice, trans- Authority, transmitting, pursuant to law, Committee on Environment and Public mitting, pursuant to law, the report of a the District of Columbia Budget for Fiscal Works. nomination confirmed for the position of As- Year 2002 and the Financial Plans for Fiscal EC–2896. A communication from the Prin- sistant Attorney General, Antitrust Divi- Years 2002–2005; to the Committee on Gov- cipal Deputy Associate Administrator or the sion, received on July 9, 2001; to the Com- ernmental Affairs. Environmental Protection Agency, transmit- mittee on the Judiciary. EC–2887. A communication from the Dis- ting, pursuant to law, the report of a rule en- EC–2877. A communication from the White trict of Columbia Auditor, transmitting, pur- titled ‘‘Approval and Promulgation of Imple- House Liaison, Department of Justice, trans- suant to law, a report entitled ‘‘Comparative mentation Plans; Indiana’’ (FRL7004–1) re- mitting, pursuant to law, the report of a va- Analysis of Actual Cash Collections to Rev- ceived on July 13, 2001; to the Committee on cancy and the designation of acting officer enue Estimates for the 2nd Quarter of Fiscal Environment and Public Works. for the position of Director, Federal Bureau Year 2001’’; to the Committee on Govern- EC–2897. A communication from the Prin- of Investigations, received on July 9, 2001; to mental Affairs. cipal Deputy Associate Administrator of the the Committee on the Judiciary. EC–2888. A communication from the Gen- Environmental Protection Agency, transmit- EC–2878. A communication from the Direc- eral Counsel of the Federal Emergency Man- ting, pursuant to law, the report of a rule en- tor of the Office of Regulations Management, agement Agency, transmitting, pursuant to titled ‘‘Request for Reproposals: For the Op- Board of Veterans’ Appeals, Department of law, the report of a rule entitled ‘‘Disaster eration of the Intergrated Atmospheric Dep- Veterans’ Affairs, transmitting, pursuant to Assistance Debris Removal’’ (RIN3067–AD08) osition Network (IADN)’’ received on July law, the report of a rule entitled ‘‘Board of received on July 5, 2001; to the Committee on 13, 2001; to the Committee on Environment Veterans’ Appeals: Rules of Practice—Effect Environment and Public Works. and Public Works. of Procedural Defects in Motions for Revi- EC–2889. A communication from the Prin- EC–2898. A communication from the Prin- sion of Decisions on the Grounds of Clear and cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the Unmistakable Error’’ (RIN2900–AK74) re- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ceived on June 11, 2001; to the Committee on ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Veterans’ Affairs. titled ‘‘Final Approval and Promulgation of titled ‘‘SOLICITATION: To Promote the Use EC–2879. A communication from the Chief Implementation Plans; California State Im- of Market Based Mechanisms to Address En- of the Regulations Unit, Internal Revenue plementation Plan Revision, San Joaquin vironmental Issues—Financial Component’’ Service, Department of the Treasury, trans- Valley Unified Air Pollution District’’ received on July 13, 2001; to the Committee mitting, pursuant to law, the report of a rule (FRL6995–7) received on July 5, 2001; to the on Environment and Public Works. S7688 CONGRESSIONAL RECORD — SENATE July 16, 2001 EC–2899. A communication from the Prin- bility of designating the International Civil hancement Act,’’ builds on the NRC re- cipal Deputy Associate Administrator of the Rights Center and Museum in the State of port. Environmental Protection Agency, transmit- North Carolina as a unit of the National When the Environmental Protection ting, pursuant to law, the report of a rule en- Park System, and for other purposes; to the Agency was created in 1970 by Presi- titled ‘‘Protection of Stratospheric Ozone: Committee on Energy and Natural Re- dent Nixon, its mission was set to pro- Process for Exempting Quarantine and sources. Preshipment Applications of Methyl Bro- By Mr. LUGAR (for himself and Mr. tect human health and safeguard the mide’’ (FRL7014–5) received on July 13, 2001; BAYH): environment. In the 1960s, it had be- to the Committee on Environment and Pub- S. 1181. A bill to designate the facility of come increasingly clear that ‘‘we need- lic Works. the United States Postal Service located at ed to know more about the total envi- EC–2900. A communication from the Direc- 2719 South Webster Street in Kokomo, Indi- ronment—land, water, and air.’’ The tor of the Office of Personnel Policy, Depart- ana, as the ‘‘Elwood Haynes ‘‘Bud’’ Hillis EPA was part of President Nixon’s re- ment of the Interior, transmitting, pursuant Post Office Building’’; to the Committee on organizational efforts to effectively en- to law, the report of a nomination confirmed Governmental Affairs. for the position of Assistant Secretary of In- By Mr. HOLLINGS: sure the protection, development and dian Affairs, received on July 11, 2001; to the S. 1182. A bill to direct the Secretary of the enhancement of the total environment. Committee on Indian Affairs. Army to lease land at the Richard B. Russell For the EPA to reach this mission, EC–2901. A communication from the Dep- Dam and Lake Project, South Carolina, to establishing rules and priorities for uty Assistant Secretary of Indian Affairs the South Carolina Department of Com- clean land, air and water require a fun- (Management), Bureau of Indian Affairs, De- merce, and for other purposes; to the Com- damental understanding of the science partment of the Interior, transmitting, pur- mittee on Environment and Public Works. behind the real and potential threats suant to law, the report of a rule entitled ‘‘25 By Ms. SNOWE (for herself and Ms. to public health and the environment. CFR Part 11, Law and Order on Indian Res- COLLINS): Unfortunately, many institutions, citi- ervations’’ (RIN1076–AE19) received on July S. 1183. A bill to authorize the modification 13, 2001; to the Committee on Indian Affairs. of a pump station intake structure and dis- zens and groups believe that science has not always played a significant f charge line of the Fort Fairfield, Maine, flood control project at full Federal expense; role in the decision-making process at REPORTS OF COMMITTEES to the Committee on Environment and Pub- the EPA. Under the authority of the order of lic Works. In NRC’s report last year, it was con- the Senate of January 3, 2001, the fol- f cluded that, while the use of sound science is one of the Environmental lowing reports of committees were sub- SUBMISSION OF CONCURRENT AND Protection Agency’s goals, the EPA mitted on July 13, 2001: SENATE RESOLUTIONS By Mrs. MURRAY, from the Committee on needs to change its current structure Appropriations, without amendment: The following concurrent resolutions to allow science to play a more signifi- S. 1178: An original bill making appropria- and Senate resolutions were read, and cant role in decisions made by the Ad- tions for the Department of Transportation referred (or acted upon), as indicated: ministrator. and related agencies for the fiscal year end- By Mr. ROCKEFELLER (for himself The legislation we are introducing ing September 30, 2002, and for other pur- and Mr. BYRD): today looks to address those short- poses (Rept. No. 107–38). S. Res. 134. A resolution authorizing that comings at the EPA by implementing By Mr. REID, from the Committee on Ap- the Senate office of Senator John D. Rocke- portions of the report that require con- propriations: feller IV be used to collect donations of Report to accompany S. 1171, An original gressional authorization. clothing from July 13, 2001, until July 20, Under our bill, a new position, Dep- bill making appropriations for energy and 2001, from concerned Members of Congress water development for the fiscal year ending and staff to assist the West Virginia families uty Administrator for Science and September 30, 2002, and for other purposes suffering from the recent disaster of flooding Technology will be established at the (Rept. No. 107–39). and storms; considered and agreed to. EPA. This individual will oversee the By Mr. BYRD, from the Committee on Ap- f Office of Research and Development; propriations: the Environmental Information Agen- Special Report entitled ‘‘Further Revised STATEMENTS ON INTRODUCED Allocation to Subcommittees of Budget To- cy; the Science Advisory board; the BILLS AND JOINT RESOLUTIONS, Science Policy Council; and the sci- tals for Fiscal Year 2002.’’ (Rept. No. 107–40). THURSDAY, JULY 12, 2001 f entific and technical activities in the By Mr. VOINOVICH (for himself regulatory program at the EPA. This REPORTS OF COMMITTEES and Mr. CARPER): new position is equal in rank to the RECEIVED DURING RECESS S. 1176. A bill to strengthen research current Deputy Administrator and The following reports of committees conducted by the Environmental Pro- would report directly to the Adminis- were submitted on July 16, 2001: tection Agency, and for other purposes; trator. The new Deputy would be re- By Mr. BIDEN, from the Committee on to the Committee on Environment and sponsible for coordinating scientific re- Foreign Relations, with an amendment in Public Works. search and application between the sci- the nature of a substitute: Mr. VOINOVICH. Mr. President, I entific and regulatory arms of the S. 180: A bill to facilitate famine relief ef- rise today to introduce legislation with Agency. This will ensure that sound forts and a comprehensive solution to the my friend and colleague, Senator CAR- science is the basis for regulatory deci- war in Sudan. PER, which will strengthen the use of S. 494: A bill to provide for a transition to sions. The new Deputy’s focus on democracy and to promote economic recov- science at the Environmental Protec- science could also change how environ- ery in Zimbabwe. tion Agency. By improving science at mental decisions are made. the Agency, we will be improving the Additionally, the Assistant Adminis- f framework of our regulatory decisions. trator for Research and Development, INTRODUCTION OF BILLS AND It is important that these regulations currently the top science job at the JOINT RESOLUTIONS be effective, not onerous and ineffi- EPA, will be appointed for 6 years The following bills and joint resolu- cient. To make government regulations versus the current 4 years political ap- tions were introduced, read the first efficient, they must be based on a solid pointment. Historically, this position and second times by unanimous con- foundation of scientific understanding is recognized to be one of the EPA’s sent, and referred as indicated: and data. weakest and most transient adminis- By Mr. JOHNSON (for himself and Mr. Last year, the National Research trative positions according to NRC’s CRAIG): Council released a report, ‘‘Strength- report, even though in my view, the po- S. 1179. A bill to amend the Richard B. Rus- ening Science at the U.S. Environ- sition addresses some of the Agency’s sell National School Lunch Act to ensure an mental Protection Agency: Research more important topics. By lengthening adequate level of commodity purchases Management and Peer Review Prac- the term of this Assistant Adminis- under the school lunch program; to the Com- tices’’ which outlined current practices trator position and removing it from mittee on Agriculture, Nutrition, and For- estry. at the EPA and made recommendations the realm of politics, I believe there By Mr. EDWARDS: for improving science within the agen- will be more continuity in the sci- S. 1180. A bill to direct the Secretary of the cy. The bill we are introducing today, entific work of the Agency across ad- Interior to study the suitability and feasi- the ‘‘Environmental Research En- ministrations and allow the Assistant July 16, 2001 CONGRESSIONAL RECORD — SENATE S7689 Administrator to focus on science con- ‘‘(iv) the Science Policy Council of the ‘‘(C) DURATION OF AWARDS.—Awards under ducted at the Agency. Agency; and this paragraph shall be made for a 5-year pe- In 1997, we learned the problems that ‘‘(v) scientific and technical activities in riod and may be renewed. can arise when sound science is not the regulatory program and regional offices ‘‘(3) PLACEMENT OF RESEARCHERS.—Each of the Agency. laboratory of the Office shall have not fewer used in making regulatory decisions. ‘‘(B) OTHER RESPONSIBILITIES.—The Deputy than 1 senior researcher appointed under the Following EPA’s ozone and particulate Administrator for Science and Technology program established under paragraph (1). matter regulations there was great un- shall— ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— certainty on the scientific side. ‘‘(i) ensure that the most important sci- There are authorized to be appropriated such When initially releasing the Ozone/ entific issues facing the Agency are identi- sums as are necessary to carry out this sub- PM regulations, the EPA greatly over fied and defined, including those issues em- section. estimated the impacts for both ozone bedded in major policy or regulatory pro- ‘‘(h) OTHER ACTIVITIES OF OFFICE OF RE- and PM, and they had to publicly posals; SEARCH AND DEVELOPMENT.— ‘‘(ii) develop and oversee an Agency-wide change their figures later on. Addition- ‘‘(1) ACTIVITIES OF THE OFFICE.—The Office strategy to acquire and disseminate nec- shall— ally, they selectively applied some essary scientific information through intra- ‘‘(A) make a concerted effort to give re- study results while ignoring others in mural efforts or through extramural pro- search managers of the Office a high degree their calculations. For example, the grams involving academia, other govern- of flexibility and accountability, including majority of the health benefits for ment agencies, and the private sector in the empowering the research managers to make ozone are based on one PM study by a United States and in foreign countries; decisions at the lowest appropriate manage- Dr. Moogarkar, even though the Agen- ‘‘(iii) ensure that the complex scientific ment level consistent with the policy of the cy ignored the PM results of that study outreach and communication needs of the Agency and the strategic goals and budget Agency are met, including the needs— because it contradicted their position priorities of the Office; ‘‘(I) to reach throughout the Agency for ‘‘(B) maintain approximately an even bal- on PM. credible science in support of regulatory of- ance between core research and problem- The legislation that Senator CARPER fice, regional office, and Agency-wide policy driven research; and I are introducing will ensure that deliberations; and ‘‘(C) develop and implement a structured science no longer takes a ‘‘back seat’’ ‘‘(II) to reach out to the broader United strategy for encouraging, and acquiring and at the Environmental Protection Agen- States and international scientific commu- applying the results of, research conducted cy in terms of policy making. I call on nity for scientific knowledge that is relevant or sponsored by other Federal and State my colleagues to join us in cospon- to Agency policy or regulatory issues; agencies, universities, and industry, both in ‘‘(iv) coordinate and oversee scientific soring this bill, and I urge speedy con- the United States and in foreign countries; quality-assurance and peer-review activities and sideration of this bill. I ask unanimous throughout the Agency, including activities ‘‘(D) substantially improve the documenta- consent that the text of the bill be in support of the regulatory and regional of- tion and transparency of the decisionmaking printed in the RECORD. fices; processes of the Office for— There being no objection, the bill was ‘‘(v) develop processes to ensure that ap- ‘‘(i) establishing research and technical-as- ordered to be printed in the RECORD, as propriate scientific information is used in sistance priorities; follows: decisionmaking at all levels in the Agency; ‘‘(ii) making intramural and extramural and assignments; and S. 1176 ‘‘(vi) ensure, and certify to the Adminis- ‘‘(iii) allocating funds. Be it enacted by the Senate and House of Rep- trator of the Agency, that the scientific and ‘‘(2) ACTIVITIES OF THE ADMINISTRATOR.— resentatives of the United States of America in technical information used in each Agency The Administrator of the Agency shall— Congress assembled, regulatory decision and policy is— ‘‘(A) substantially increase the efforts of SECTION 1. SHORT TITLE. ‘‘(I) valid; the Agency— This Act may be cited as the ‘‘Environ- ‘‘(II) appropriately characterized in terms ‘‘(i) to disseminate actively the research mental Research Enhancement Act of 2001’’. of scientific uncertainty and cross-media products and ongoing projects of the Office; SEC. 2. ENVIRONMENTAL PROTECTION AGENCY issues; and ‘‘(ii) to explain the significance of the re- RESEARCH ACTIVITIES. ‘‘(III) appropriately applied. search products and projects; and (a) IN GENERAL.—Section 6 of the Environ- ‘‘(f) ASSISTANT ADMINISTRATOR FOR RE- ‘‘(iii) to assist other persons and entities mental Research, Development, and Dem- SEARCH AND DEVELOPMENT.— inside and outside the Agency in applying onstration Authorization Act of 1979 (42 ‘‘(1) TERM OF APPOINTMENT.—Notwith- the results of the research products and U.S.C. 4361c) is amended by adding at the end standing any other provision of law, the As- projects; the following: sistant Administrator for Research and De- ‘‘(B)(i) direct the Deputy Administrator for ‘‘(e) DEPUTY ADMINISTRATOR FOR SCIENCE velopment of the Agency shall be appointed Science and Technology to expand on the AND TECHNOLOGY.— for a term of 6 years. science inventory of the Agency by con- ‘‘(1) ESTABLISHMENT.—There is established ‘‘(2) APPLICABILITY.—Paragraph (1) applies ducting, documenting, and publishing a more in the Environmental Protection Agency (re- to each appointment that is made on or after comprehensive and detailed inventory of all ferred to in this section as the ‘Agency’) the the date of enactment of this subsection. scientific activities conducted by Agency position of Deputy Administrator for Science ‘‘(g) SENIOR RESEARCH APPOINTMENTS IN units outside the Office, which inventory and Technology. OFFICE OF RESEARCH AND DEVELOPMENT LAB- should include information such as— ‘‘(2) APPOINTMENT.— ORATORIES.— ‘‘(I) project goals, milestones, and sched- ‘‘(A) IN GENERAL.—The Deputy Adminis- ‘‘(1) ESTABLISHMENT.—The head of the Of- ules; trator for Science and Technology shall be fice, in consultation with the Science Advi- ‘‘(II) principal investigators and project appointed by the President, by and with the sory Board and the Board of Scientific Coun- managers; and advice and consent of the Senate. selors of the Office, shall establish a program ‘‘(III) allocations of staff and financial re- ‘‘(B) CONSIDERATION OF RECOMMENDA- to recruit and appoint to the laboratories of sources; and TIONS.—In making an appointment under the Office senior researchers who have made ‘‘(ii) use the results of the inventory to en- subparagraph (A), the President shall con- distinguished achievements in environ- sure that activities described in clause (i) sider recommendations submitted by— mental research. are properly coordinated through the Agen- ‘‘(i) the National Academy of Sciences; ‘‘(2) AWARDS.— cy-wide science planning and budgeting proc- ‘‘(ii) the National Academy of Engineering; ‘‘(A) IN GENERAL.—The head of the Office ess and are appropriately peer reviewed; and and shall make awards to the senior researchers ‘‘(C) change the peer-review policy of the ‘‘(iii) the Science Advisory Board estab- appointed under paragraph (1)— Agency to more strictly separate the man- lished by section 8 of the Environmental Re- ‘‘(i) to support research in areas that are agement of the development of a work prod- search, Development, and Demonstration rapidly advancing and are related to the mis- uct from the management of the peer review Authorization Act of 1978 (42 U.S.C. 4365). sion of the Agency; and of that work product, thereby ensuring ‘‘(3) RESPONSIBILITIES.— ‘‘(ii) to train junior researchers who dem- greater independence of peer reviews from ‘‘(A) OVERSIGHT.—The Deputy Adminis- onstrate exceptional promise to conduct re- the control of program managers, or the po- trator for Science and Technology shall co- search in such areas. tential appearance of control by program ordinate and oversee— ‘‘(B) SELECTION PROCEDURES.—The head of managers, throughout the Agency.’’. ‘‘(i) the Office of Research and Develop- the Office shall establish procedures for the (b) DEPUTY ADMINISTRATOR FOR POLICY AND ment of the Agency (referred to in this sec- selection of the recipients of awards under MANAGEMENT.— tion as the ‘Office’); this paragraph, including procedures for con- (1) IN GENERAL.—The position of Deputy ‘‘(ii) the Office of Environmental Informa- sultation with the Science Advisory Board Administrator of the Environmental Protec- tion of the Agency; and the Board of Scientific Counselors of the tion Agency is redesignated as the position ‘‘(iii) the Science Advisory Board; Office. of ‘‘Deputy Administrator for Policy and S7690 CONGRESSIONAL RECORD — SENATE July 16, 2001 Management of the Environmental Protec- tect the auto industry from Japanese long before that, way back when the tion Agency’’. imports by extending a voluntary re- Army Corps of Engineers built Lake (2) REFERENCES.—Any reference in a law, straint agreement. He was a strong Richard B. Russell in 1984. map, regulation, document, paper, or other force on the Congressional Steel Cau- record of the United States to the Deputy Lake Russell is a 26,000-acre fresh- cus and served as Vice President of the Administrator of the Environmental Protec- water lake on the South Carolina-Geor- executive committee. tion Agency shall be deemed to be a ref- gia border and was very controversial As a member of the Armed Services erence to the Deputy Administrator for Pol- when originally proposed by the Army icy and Management of the Environmental Committee, Congressman Hillis was a Protection Agency. dependable ally of the Reagan military Corps of Engineers. Enhancement of (c) EXECUTIVE SCHEDULE LEVEL III.—Sec- build-up that helped to bring an end to economic development in the region tion 5314 of title 5, United States Code, is the Cold War. He supported American was a main selling point of the Corps amended by striking the item relating to the service men by backing enlistment bo- to overcome State, local and environ- Deputy Administrator of the Environmental nuses for military personnel and was a mental objections to the lake. Yet, to Protection Agency and inserting the fol- date, virtually no development has oc- lowing: proponent of reinstating draft registra- ‘‘Deputy Administrator for Policy and tion, which had ended with the Viet- curred despite efforts from South Caro- Management of the Environmental Protec- nam War. Further, he was instru- lina’s Department of Commerce. tion Agency. mental in development and deployment Today, there is not a single room for ‘‘Deputy Administrator for Science and of the M–1 tank and the preservation of rent by the public within sight of, or Technology of the Environmental Protection Grissom Air Force Reserve Base in within reasonable walking distance of, Agency.’’. Peru, Indiana. the lake. There is only one gas pump f Congressman Hillis also took a per- on the entire lake and that is at a STATEMENTS ON INTRODUCED sonal interest with the veterans of our State park. Nation. As a member of the Veterans’ BILLS AND JOINT RESOLUTIONS Following the completion of Lake Affairs Committee, he was a leader in Russell in 1984, the Department of By Mr. LUGAR (for himself and improving health care for veterans and Commerce and Abbeville County began Mr. BAYH): was instrumental in the construction a plan for the development of a lake- S. 1181. A bill to designate the facil- of the community-based outpatient ity of the United States Postal Service clinic in Crown Point, IN. front golf and vacation resort. The De- located at 2719 South Webster Street in Congressman Bud Hillis has a distin- partment contracted with a develop- Kokomo, Indiana, as the ‘‘Elwood guished record of service to his country ment company in 1997 to develop the Haynes ‘‘Bud’’ Hillis Post Office Build- and to the people of Indiana. The dedi- project, but in 1998, due to financial ing’’; to the Committee on Govern- cation of the post office in Kokomo, In- difficulties, construction was sus- mental Affairs. diana, a city that continues to be in- pended and the developer defaulted on Mr. LUGAR. Madam President, I volved deeply with the American auto its Development Agreement with would like to take this opportunity to industry that Congressman Hillis sup- SCDOC. As a result of this default, the pay tribute to a distinguished Hoosier ported so strongly, would be a fitting Commerce Department terminated the and tireless public servant, former Con- tribute for such an honorable states- agreement and the property was re- gressman Bud Hillis. man. turned to the State. My colleague, Mr. BAYH, and I are in- I ask unanimous consent that the In January 1999, in an attempt to troducing legislation to honor Con- text of the bill be printed in the complete this project, SCDOC solicited gressman Hillis by naming the Post Of- RECORD. proposals from various qualified devel- fice in Kokomo, Indiana the Elwood There being no objection, the bill was Haynes ‘‘Bud’’ Hillis Post Office. opers. After consideration of several ordered to be printed in the RECORD, as proposals, a developer was selected Congressman Hillis honorably served follows: that had a history of successful devel- the people of Indiana’s 5th District in S. 1181 the House of Representatives from 1971 opments throughout the State of South Be it enacted by the Senate and House of Rep- Carolina. However, in order for the to 1986. Congressman Hillis was a fair resentatives of the United States of America in and reasonable voice on national secu- Congress assembled, project to be successful, changes to the rity, trade, and veterans’ issues. A SECTION 1. DESIGNATION OF ELWOOD HAYNES current lease have to be made. These graduate of Indiana’s Culver Military ‘‘BUD’’ HILLIS POST OFFICE BUILD- changes are reflected by the proposed Academy, he enlisted in the Army at ING. legislation. (a) IN GENERAL.—The facility of the United the age of 18 and fought in the World States Postal Service located at 2719 South When drafting this legislation, I War II European Theater as an infan- Webster Street in Kokomo, Indiana, shall be wanted to address several points that tryman for 27 months. After leaving ac- known and designated as the ‘‘Elwood may cause concern. First, I wanted to tive duty as a first lieutenant, Bud Hil- Haynes ‘Bud’ Hillis Post Office Building’’. make sure the public had an oppor- lis attended Indiana University and the (b) REFERENCES.—Any reference in a law, tunity to be involved throughout the Indiana University School of Law. He map, regulation, document, paper, or other process. Second, I wanted to make sure record of the United States to the facility re- went on to practice law in Howard any additional land that was included County, Indiana, and served as Chair- ferred to in subsection (a) shall be deemed to be a reference to the Elwood Haynes ‘‘Bud’’ in the project would be mitigated by man of the county bar association. Hillis Post Office Building. providing lands with similar ecological Before being elected to Congress in values and habitat. And third, I wanted 1970, Congressman Hillis served two By Mr. HOLLINGS: to ensure that this project would be terms in the Indiana House of Rep- S. 1182. A bill to direct the Secretary economically viable. I believe the legis- resentatives. of the Army to lease land at the Rich- lation does this. The 1970s and early 1980’s were dif- ard B. Russell Dam and Lake Project, ficult times for many in Indiana’s 5th South Carolina, to the South Carolina Like I said, the legislation is simple District. A downturn in the auto indus- Department of Commerce, and for and will bring economic development try during the recession brought unem- other purposes; to the Committee on to a county that has longed for it. By ployment in some of the district’s more Environment and Public Works. completing this project, Abbeville highly industrialized communities to Mr. HOLLINGS. Madam President, I County will be able to take advantage over 15 percent. He founded the Con- rise today to introduce legislation that of the economic stimulation created by gressional Auto Task Force and he will provide economic stimulation to vacationers and tourism from the sur- helped to round up votes in 1979 to pass one of the poorest counties in South rounding major cities, which include legislation that I had sponsored here in Carolina. This legislation will allow Atlanta, Macon, Columbia, Greenville, the Senate to guarantee loans to the the South Carolina Department of and Augusta. This economic develop- struggling Chrysler Corporation, an Commerce, SCDOC, to proceed with a ment was promised when the lake was employer of more than 60,000 Hoosiers project that began almost a decade built in 1984 and I believe we should at the time. In 1983, he worked to pro- ago. Well, actually the project began honor our commitment. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7691 SUBMITTED RESOLUTIONS At the appropriate place, insert the fol- TITLE I lowing: DEPARTMENT OF DEFENSE—CIVIL SEC. ll. STUDY OF THE EFFECT OF THE BANK- DEPARTMENT OF THE ARMY SENATE RESOLUTION 134—AU- RUPTCY REFORM ACT OF 2001. CORPS OF ENGINEERS—CIVIL THORIZING THAT THE SENATE (a) STUDY.—The General Accounting Office OFFICE OF SENATOR JOHN D. (in this section referred to as the ‘‘GAO’’) The following appropriations shall be ex- shall conduct a study to determine— pended under the direction of the Secretary ROCKEFELLER IV BE USED TO of the Army and the supervision of the Chief COLLECT DONATIONS OF CLOTH- (1) the impact of this Act and the amend- ments made by this Act on— of Engineers for authorized civil functions of ING FROM JULY 13, 2001, UNTIL (A) the number of filings under chapter 7 the Department of the Army pertaining to JULY 20, 2001, FROM CONCERNED and chapter 13 of title 11, United States rivers and harbors, flood control, beach ero- MEMBERS OF CONGRESS AND Code; sion, and related purposes. STAFF TO ASSIST THE WEST (B) the number of plan confirmations GENERAL INVESTIGATIONS VIRGINIA FAMILIES SUFFERING under chapter 13 of title 11, United States For expenses necessary for the collection FROM THE RECENT DISASTER Code, and the number of such plans that are and study of basic information pertaining to OF FLOODING AND STORMS successfully completed; and river and harbor, flood control, shore protec- (C) the cost of filing for bankruptcy under Mr. ROCKEFELLER (for himself and tion, and related projects, restudy of author- chapter 7 and chapter 13 of title 11, United ized projects, miscellaneous investigations, Mr. BYRD) submitted the following res- States Code, in each State; and, when authorized by laws, surveys and olution; which was considered and (2) the effect of the enactment of this Act detailed studies and plans and specifications agreed to: on— of projects prior to construction, $152,402,000, S. RES. 134 (A) the availability and marketing of cred- to remain available until expended. it; and CONSTRUCTION, GENERAL Whereas southern West Virginia has been (B) the price and terms of credit for con- devastated by recent flash flooding; sumers; and For the prosecution of river and harbor, Whereas 2 West Virginians tragically lost (3) the extent to which this Act and the flood control, shore protection, and related their lives in the recent flooding; amendments made by this Act impact the projects authorized by laws; and detailed Whereas thousands of West Virginians ability of debtors below median income to studies, and plans and specifications, of have been left homeless, and many more obtain bankruptcy relief. projects (including those for development have severe damage to their homes and per- (b) REPORT TO CONGRESS.—Not later than 2 with participation or under consideration for sonal property, and many do not have safe years after the effective date of this Act, the participation by States, local governments, drinking water or electric power because of GAO shall submit a report to the Congress or private groups) authorized or made eligi- the flooding; and on the results of the study conducted under ble for selection by law (but such studies Whereas on July 5, 2001, President Bush subsection (a). shall not constitute a commitment of the amended the Federal Disaster Declaration to (c) DATA COLLECTION BY UNITED STATES Government to construction), $1,570,798,000, cover 18 West Virginia counties, including TRUSTEES.— to remain available until expended, of which Boone, Cabell, Calhoun, Clay, Kanawha, Lin- (1) IN GENERAL.—The Director of the Exec- such sums as are necessary for the Federal coln, Logan, Mason, McDowell, Mercer, utive Office for United States Trustees shall share of construction costs for facilities Mingo, Preston, Putnam, Raleigh, Roane, collect data on the number of reaffirmations under the Dredged Material Disposal Facili- Summers, Wayne, and Wyoming: Now, there- by debtors under title 11, United States ties program shall be derived from the Har- fore, be it bor Maintenance Trust Fund, as authorized Resolved, That the Senate office of Senator Code, the identity of the creditors in such re- affirmations, and the type of debt that is re- by Public Law 104–303; and of which such John D. Rockefeller IV is authorized to col- sums as are necessary pursuant to Public lect donations of clothing from July 13, 2001, affirmed. (2) AVAILABILITY.—Periodically, but not Law 99–662 shall be derived from the Inland until July 20, 2001, from concerned Members Waterways Trust Fund, for one-half of the and staff to assist the West Virginia families less than annually, the Director shall make available to the public the data described in costs of construction and rehabilitation of suffering from the recent disaster of flooding inland waterways projects, including reha- and storms. paragraph (1) in such manner as the Director may determine. bilitation costs for the Lock and Dam 12, f Mississippi River, Iowa; Lock and Dam 24, Mr. FEINGOLD submitted an Mississippi River, Illinois and Missouri; AMENDMENTS SUBMITTED AND SA 978. Lock and Dam 3, Mississippi River, Min- PROPOSED amendment intended to be proposed by nesota; and London Locks and Dam, and SA 977. Mr. WELLSTONE submitted an him to the bill H.R. 333, to amend title Kanawha River, West Virginia, projects; and amendment intended to be proposed to 11, United States Code, and for other of which funds are provided for the following amendment SA 974 submitted by Mr. LEAHY purposes; which was ordered to lie on projects in the amounts specified: and intended to be proposed to the bill (H.R. the table; as follows: Red River Emergency Bank Protection, 333) to amend title 11, United States Code, Strike section 313, relating to the defini- AR, $4,500,000; and for other purposes; which was ordered to tion of household goods and antiques. Indianapolis Central Waterfront, Indiana, lie on the table. $5,000,000; Southern and Eastern Kentucky, Ken- SA 978. Mr. FEINGOLD submitted an SA 979. Mr. FEINGOLD submitted an amendment intended to be proposed by him tucky, $2,500,000: amendment intended to be proposed to to the bill H.R. 333, supra; which was ordered Provided, That using $200,000 of the funds pro- to lie on the table. amendment SA 974 submitted by Mr. vided herein, the Secretary of the Army, act- SA 979. Mr. FEINGOLD submitted an LEAHY and intended to be proposed to ing through the Chief of Engineers, is di- amendment intended to be proposed to the bill (H.R. 333) to amend title 11, rected to conduct, at full Federal expense, amendment SA 974 submitted by Mr. LEAHY United States Code, and for other pur- technical studies of individual ditch systems and intended to be proposed to the bill (H.R. poses; which was ordered to lie on the identified by the State of Hawaii, and to as- 333) supra; which was ordered to lie on the table; as follows: sist the State in diversification by helping to table. define the cost of repairing and maintaining Strike section 313, relating to the defini- SA 980. Mr. REID (for Mr. BYRD (for him- selected ditch systems: Provided further, That tion of household goods and antiques. self and Mr. STEVENS)) proposed an amend- the Secretary of the Army, acting through ment to the bill H.R. 2311, making appropria- the Chief of Engineers, is directed to use tions for energy and water development for SA 980. Mr. REID (for Mr. BYRD (for $1,300,000 of the funds appropriated herein to the fiscal year ending September 30, 2002, and himself and Mr. STEVENS)) proposed an continue construction of the navigation for other purposes. amendment to the bill H.R. 2311, mak- project at Kaumalapau Harbor, Hawaii: Pro- f ing appropriations for energy and vided further, That with $800,000 of the funds water development for the fiscal year provided herein, the Secretary of the Army, TEXT OF AMENDMENTS ending September 30, 2002, and for acting through the Chief of Engineers, is di- SA 977. Mr. WELLSTONE submitted other purposes; as follows: rected to continue construction of the Brunswick County Beaches, North Carolina- an amendment intended to be proposed Strike all after the enacting clause and in- to amendment SA 974 submitted by Mr. Ocean Isle Beach portion in accordance with sert the following: the General Reevaluation Report approved LEAHY and intended to be proposed to That the following sums are appropriated, by the Chief of Engineers on May 15, 1998: the bill (H.R. 333) to amend title 11, out of any money in the Treasury not other- Provided further, That $2,500,000 of the funds United States Code, and for other pur- wise appropriated, for the fiscal year ending appropriated herein, the Secretary of the poses; which was ordered to lie on the September 30, 2002, for energy and water de- Army, acting through the Chief of Engineers, table; as follows: velopment, and for other purposes, namely: is directed to use $500,000 to undertake the S7692 CONGRESSIONAL RECORD — SENATE July 16, 2001 Bowie County Levee Project, which is de- lines, and serving essential needs of general Functions Appropriations Act, 1936, Public fined as Alternative B Local Sponsor Option, commerce and navigation; surveys and Law 75–208; section 215 of the Flood Control in the Corps of Engineers document entitled charting of northern and northwestern lakes Act of 1968, as amended, Public Law 90–483; Bowie County Local Flood Protection, Red and connecting waters; clearing and sections 104, 203, and 204 of the Water Re- River, Texas, Project Design Memorandum straightening channels; and removal of ob- sources Development Act of 1986, as amended No. 1, Bowie County Levee, dated April 1997: structions to navigation, $1,833,263,000, to re- (Public Law 99–662); section 206 of the Water Provided further, That the Secretary of the main available until expended, of which such Resources Development Act of 1992, as Army is directed to use $4,000,000 of the funds sums as become available in the Harbor amended, Public Law 102–580; section 211 of provided herein for Dam safety and Seepage/ Maintenance Trust Fund, pursuant to Public the Water Resources Development Act of Stability Correction Program to continue Law 99–662, may be derived from that Fund, 1996, Public Law 104–303, and any other spe- construction of seepage control features at and of which such sums as become available cific project authority, shall be limited to Waterbury Dam, Vermont: Provided further, from the special account established by the credits and reimbursements per project not That the Secretary of the Army, acting Land and Water Conservation Act of 1965, as to exceed $10,000,000 in each fiscal year, and through the Chief of Engineers, is directed to amended (16 U.S.C. 460l), may be derived total credits and reimbursements for all ap- use $41,100,000 of the funds appropriated here- from that account for construction, oper- plicable projects not to exceed $50,000,000 in in to proceed with planning, engineering, de- ation, and maintenance of outdoor recre- each fiscal year. sign or construction of the following ele- ation facilities: Provided, That of funds ap- SEC. 102. ST. GEORGES BRIDGE, DELAWARE. ments of the Levisa and Tug Forks of the propriated herein, for the Intracoastal Wa- None of the funds made available in this Act Big Sandy River and Upper Cumberland terway, Delaware River to Chesapeake Bay, may be used to carry out any activity relat- River Project: Delaware and Maryland, the Secretary of the ing to closure or removal of the St. Georges $4,500,000 for the Clover Fork, Kentucky, Army, acting through the Chief of Engineers, Bridge across the Intracoastal Waterway, element of the project; is directed to reimburse the State of Dela- Delaware River to Chesapeake Bay, Dela- $1,000,000 for the City of Cumberland, Ken- ware for normal operation and maintenance ware and Maryland, including a hearing or tucky, element of the project; costs incurred by the State of Delaware for any other activity relating to preparation of $1,650,000 for the town of Martin, Ken- the SR1 Bridge from station 58∂00 to station an environmental impact statement con- tucky, element of the project; 293∂00 between May 12, 1997 and September cerning the closure or removal. $2,100,000 for the Pike County, Kentucky, 30, 2002. Reimbursement costs shall not ex- SEC. 103. The Secretary may not expend element of the project, including $1,100,000 ceed $1,277,000: Provided, That the Secretary funds to accelerate the schedule to finalize for additional studies along the tributaries of the Army is directed to use $2,000,000 of the Record of Decision for the revision of the of the Tug Fork and continuation of a De- funds appropriated herein to remove and re- Missouri River Master Water Control Manual tailed Project Report for the Levisa Fork; install the docks and causeway, in kind, at and any associated changes to the Missouri $3,850,000 for the Martin County, Kentucky, Astoria East Boat Basin, Oregon: Provided River Annual Operating Plan. element of the project; further, That $2,000,000 of the funds appro- TITLE II $950,000 for the Floyd County, Kentucky, priated herein, the Secretary of the Army, DEPARTMENT OF THE INTERIOR element of the project; acting through the Chief of Engineers, is di- CENTRAL UTAH PROJECT $600,000 for the Harlan County element of rected to dredge a channel from the mouth of CENTRAL UTAH PROJECT COMPLETION ACCOUNT the project; Wheeling Creek to Tunnel Green Park in For carrying out activities authorized by $800,000 for additional studies along tribu- Wheeling, West Virginia. the Central Utah Project Completion Act, taries of the Cumberland River in Bell Coun- REGULATORY PROGRAM $34,918,000, to remain available until ex- ty, Kentucky; For expenses necessary for administration pended, of which $10,749,000 shall be deposited $18,600,000 to continue work on the Grundy, of laws pertaining to regulation of navigable into the Utah Reclamation Mitigation and Virginia, element of the project; waters and wetlands, $128,000,000, to remain Conservation Account of the Central Utah $450,000 to complete the Buchanan County, available until expended. Project Completion Act and shall be avail- Virginia, Detailed Project Report; able to carry out activities authorized under $700,000 to continue the Dickenson County, FORMERLY UTILIZED SITES REMEDIAL ACTION that Act. Detailed Project Report; PROGRAM In addition, for necessary expenses in- $1,500,000 for the Lower Mingo County, For expenses necessary to clean up con- curred in carrying out related responsibil- West Virginia, element of the project; tamination from sites throughout the United ities of the Secretary of the Interior, $600,000 for the Upper Mingo County, West States resulting from work performed as $1,310,000, to remain available until ex- Virginia, element of the project; part of the Nation’s early atomic energy pro- pended. $600,000 for the Wayne County, West Vir- gram, $140,000,000, to remain available until ginia, element of the project; expended. BUREAU OF RECLAMATION $3,200,000 for the McDowell County element GENERAL EXPENSES The following appropriations shall be ex- of the project: For expenses necessary for general admin- pended to execute authorized functions of the Bureau of Reclamation: Provided further, That the Secretary of the istration and related functions in the Office Army, acting through the Chief of Engineers, of the Chief of Engineers and offices of the WATER AND RELATED RESOURCES is directed to continue the Dickenson Coun- Division Engineers; activities of the Coastal (INCLUDING TRANSFER OF FUNDS) ty Detailed Project Report as generally de- Engineering Research Board, the Humphreys For management, development, and res- fined in Plan 4 of the Huntington District Engineer Center Support Activity, the Water toration of water and related natural re- Engineer’s Draft Supplement to the Section Resources Support Center, and headquarters sources and for related activities, including 202 General Plan for Flood Damage Reduc- support functions at the USACE Finance the operation, maintenance and rehabilita- tion dated April 1997, including all Russell Center, $153,000,000, to remain available until tion of reclamation and other facilities, par- Fork tributary streams within the County expended: Provided, That no part of any ticipation in fulfilling related Federal re- and special considerations as may be appro- other appropriation provided in title I of this sponsibilities to Native Americans, and re- priate to address the unique relocations and Act shall be available to fund the activities lated grants to, and cooperative and other resettlement needs for the flood prone com- of the Office of the Chief of Engineers or the agreements with, State and local govern- munities within the County. executive direction and management activi- ments, Indian tribes, and others, $732,496,000, FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- ties of the division offices. to remain available until expended, of which TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- ADMINISTRATIVE PROVISIONS $14,649,000 shall be available for transfer to ISIANA, MISSISSIPPI, MISSOURI, AND TEN- Appropriations in this title shall be avail- the Upper Colorado River Basin Fund and NESSEE able for official reception and representation $31,442,000 shall be available for transfer to the Lower Colorado River Basin Develop- For expenses necessary for prosecuting expenses (not to exceed $5,000); and during ment Fund; of which such amounts as may work of flood control, and rescue work, re- the current fiscal year the Revolving Fund, be necessary may be advanced to the Colo- pair, restoration, or maintenance of flood Corps of Engineers, shall be available for rado River Dam Fund; of which $8,000,000 control projects threatened or destroyed by purchase (not to exceed 100 for replacement shall be for on-reservation water develop- flood, as authorized by law (33 U.S.C. 702a only) and hire of passenger motor vehicles. ment, feasibility studies, and related admin- and 702g–1), $328,011,000, to remain available GENERAL PROVISIONS istrative costs under Public Law 106–163; of until expended. CORPS OF ENGINEERS—CIVIL which not more than 25 percent of the OPERATION AND MAINTENANCE, GENERAL SEC. 101. Agreements proposed for execu- amount provided for drought emergency as- For expenses necessary for the preserva- tion by the Assistant Secretary of the Army sistance may be used for financial assistance tion, operation, maintenance, and care of ex- for Civil Works or the United States Army for the preparation of cooperative drought isting river and harbor, flood control, and re- Corps of Engineers after the date of the en- contingency plans under title II of Public lated works, including such sums as may be actment of this Act pursuant to section 4 of Law 102–250; and of which not more than necessary for the maintenance of harbor the Rivers and Harbor Act of 1915, Public $500,000 is for high priority projects which channels provided by a State, municipality Law 64–291; section 11 of the River and Har- shall be carried out by the Youth Conserva- or other public agency, outside of harbor bor Act of 1925, Public Law 68–585; the Civil tion Corps, as authorized by 16 U.S.C. 1706: July 16, 2001 CONGRESSIONAL RECORD — SENATE S7693

Provided, That such transfers may be in- exceed four passenger motor vehicles for re- SCIENCE creased or decreased within the overall ap- placement only. For Department of Energy expenses includ- propriation under this heading: Provided fur- GENERAL PROVISIONS ing the purchase, construction and acquisi- ther, That of the total appropriated, the DEPARTMENT OF THE INTERIOR tion of plant and capital equipment, and amount for program activities that can be fi- other expenses necessary for science activi- SEC. 201. None of the funds appropriated or nanced by the Reclamation Fund or the Bu- ties in carrying out the purposes of the De- otherwise made available by this or any reau of Reclamation special fee account es- partment of Energy Organization Act (42 other Act may be used to pay the salaries tablished by 16 U.S.C. 460l–6a(i) shall be de- U.S.C. 7101 et seq.), including the acquisition and expenses of personnel to purchase or rived from that Fund or account: Provided or condemnation of any real property or fa- lease water in the Middle Rio Grande or the further, That funds contributed under 43 cility or for plant or facility acquisition, Carlsbad Projects in New Mexico unless said U.S.C. 395 are available until expended for construction, or expansion, and purchase of purchase or lease is in compliance with the the purposes for which contributed: Provided not to exceed 25 passenger motor vehicles for purchase requirements of section 202 of Pub- further, That funds advanced under 43 U.S.C. replacement only, $3,268,816,000, to remain lic Law 106–60. 397a shall be credited to this account and are available until expended. available until expended for the same pur- SEC. 202. Funds under this title for Drought NUCLEAR WASTE DISPOSAL poses as the sums appropriated under this Emergency Assistance shall be made avail- heading: Provided further, That funds avail- able primarily for leasing of water for speci- For nuclear waste disposal activities to able for expenditure for the Departmental Ir- fied drought related purposes from willing carry out the purposes of Public Law 97–425, rigation Drainage Program may be expended lessors, in compliance with existing State as amended, including the acquisition of real by the Bureau of Reclamation for site reme- laws and administered under State water pri- property or facility construction or expan- diation on a non-reimbursable basis: Provided ority allocation. Such leases may be entered sion, $25,000,000, to remain available until ex- further, That section 301 of Public Law 102– into with an option to purchase: Provided, pended and to be derived from the Nuclear 250, Reclamation States Emergency Drought That such purchase is approved by the State Waste Fund: Provided, That $2,500,000 shall be Relief Act of 1991, as amended, is amended in which the purchase takes place and the provided to the State of Nevada solely for ex- further by inserting ‘‘2001, and 2002’’ in lieu purchase does not cause economic harm penditures, other than salaries and expenses of ‘‘and 2001’’: Provided further, That the within the State in which the purchase is of State employees, to conduct scientific amount authorized for Indian municipal, made. oversight responsibilities pursuant to the rural, and industrial water features by sec- SEC. 203. The Secretary of the Interior is Nuclear Waste Policy Act of 1982, Public Law tion 10 of Public Law 89–108, as amended by authorized and directed to use not to exceed 97–425, as amended: Provided further, That section 8 of Public Law 99–294, section 1701(b) $1,000,000 of the funds appropriated under $6,000,000 shall be provided to affected units of Public Law 102–575, Public Law 105–245, title II to refund amounts received by the of local governments, as defined in Public and Public Law 106–60 is increased by United States as payments for charges as- Law 97–425, to conduct appropriate activities $2,000,000 (October 1998 prices). sessed by the Secretary prior to January 1, pursuant to the Act: Provided further, That 1994 for failure to file certain certification or the distribution of the funds as determined BUREAU OF RECLAMATION LOAN PROGRAM reporting forms prior to the receipt of irriga- by the units of local government shall be ap- ACCOUNT tion water, pursuant to sections 206 and proved by the Department of Energy: Pro- For the cost of direct loans and/or grants, 224(c) of the Reclamation Reform Act of 1982 vided further, That the funds for the State of $7,215,000, to remain available until ex- (96 Stat. 1226, 1272; 43 U.S.C. 390ff, 390ww(c)), Nevada shall be made available solely to the pended, as authorized by the Small Reclama- including the amount of associated interest Nevada Division of Emergency Management tion Projects Act of August 6, 1956, as assessed by the Secretary and paid to the by direct payment and units of local govern- amended (43 U.S.C. 422a–422l): Provided, That United States pursuant to section 224(i) of ment by direct payment: Provided further, such costs, including the cost of modifying the Reclamation Reform Act of 1982 (101 That within 90 days of the completion of such loans, shall be as defined in section 502 Stat. 1330–268; 43 U.S.C. 390ww(i)). each Federal fiscal year, the Nevada Division of the Congressional Budget Act of 1974, as TITLE III of Emergency Management and the Governor amended: Provided further, That these funds of the State of Nevada and each local entity DEPARTMENT OF ENERGY are available to subsidize gross obligations shall provide certification to the Depart- for the principal amount of direct loans not ENERGY PROGRAMS ment of Energy that all funds expended from to exceed $26,000,000. ENERGY SUPPLY such payments have been expended for ac- In addition, for administrative expenses tivities authorized by Public Law 97–425 and necessary to carry out the program for di- For Department of Energy expenses includ- this Act. Failure to provide such certifi- rect loans and/or grants, $280,000, to remain ing the purchase, construction and acquisi- cation shall cause such entity to be prohib- available until expended: Provided, That of tion of plant and capital equipment, and ited from any further funding provided for the total sums appropriated, the amount of other expenses necessary for energy supply, similar activities: Provided further, That program activities that can be financed by and uranium supply and enrichment activi- none of the funds herein appropriated may the Reclamation Fund shall be derived from ties in carrying out the purposes of the De- be: (1) used directly or indirectly to influ- that Fund. partment of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition ence legislative action on any matter pend- CENTRAL VALLEY PROJECT RESTORATION FUND or condemnation of any real property or any ing before Congress or a State legislature or For carrying out the programs, projects, facility or for plant or facility acquisition, for lobbying activity as provided in 18 U.S.C. plans, and habitat restoration, improvement, construction, or expansion; and the purchase 1913; (2) used for litigation expenses; or (3) and acquisition provisions of the Central of not to exceed 17 passenger motor vehicles used to support multi-State efforts or other Valley Project Improvement Act, $55,039,000, for replacement only, $736,139,000 to remain coalition building activities inconsistent to be derived from such sums as may be col- available until expended. with the restrictions contained in this Act: lected in the Central Valley Project Restora- Provided further, That all proceeds and recov- NON-DEFENSE ENVIRONMENTAL MANAGEMENT tion Fund pursuant to sections 3407(d), eries by the Secretary in carrying out activi- 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law For Department of Energy expenses, in- ties authorized by the Nuclear Waste Policy 102–575, to remain available until expended: cluding the purchase, construction and ac- Act of 1982 in Public Law 97–425, as amended, Provided, That the Bureau of Reclamation is quisition of plant and capital equipment and including but not limited to, any proceeds directed to assess and collect the full other expenses necessary for non-defense en- from the sale of assets, shall be available amount of the additional mitigation and res- vironmental management activities in car- without further appropriation and shall re- toration payments authorized by section rying out the purposes of the Department of main available until expended. 3407(d) of Public Law 102–575. Energy Organization Act (42 U.S.C. 7101 et DEPARTMENTAL ADMINISTRATION POLICY AND ADMINISTRATION seq.), including the acquisition or condemna- For salaries and expenses of the Depart- For necessary expenses of policy, adminis- tion of any real property or any facility or for plant or facility acquisition, construction ment of Energy necessary for departmental tration, and related functions in the office of administration in carrying out the purposes the Commissioner, the Denver office, and of- or expansion, $228,553,000, to remain avail- able until expended. of the Department of Energy Organization fices in the five regions of the Bureau of Rec- Act (42 U.S.C. 7101 et seq.), including the hire URANIUM FACILITIES MAINTENANCE AND lamation, to remain available until ex- of passenger motor vehicles and official re- REMEDIATION pended, $52,968,000, to be derived from the ception and representation expenses (not to Reclamation Fund and be nonreimbursable (INCLUDING TRANSFER OF FUNDS) exceed $35,000), $208,948,000, to remain avail- as provided in 43 U.S.C. 377: Provided, That no For necessary expenses to maintain, decon- able until expended, plus such additional part of any other appropriation in this Act taminate, decommission, and otherwise re- amounts as necessary to cover increases in shall be available for activities or functions mediate uranium processing facilities, the estimated amount of cost of work for budgeted as policy and administration ex- $408,725,000, of which $287,941,000 shall be de- others notwithstanding the provisions of the penses. rived from the Uranium Enrichment Decon- Anti-Deficiency Act (31 U.S.C. 1511 et seq.): ADMINISTRATIVE PROVISION tamination and Decommissioning Fund, all Provided, That such increases in cost of work Appropriations for the Bureau of Reclama- of which shall remain available until ex- are offset by revenue increases of the same tion shall be available for purchase of not to pended. or greater amount, to remain available until S7694 CONGRESSIONAL RECORD — SENATE July 16, 2001

expended: Provided further, That moneys re- ing the acquisition or condemnation of any OPERATION AND MAINTENANCE, ceived by the Department for miscellaneous real property or any facility or for plant or SOUTHWESTERN POWER ADMINISTRATION revenues estimated to total $137,810,000 in facility acquisition, construction, or expan- For necessary expenses of operation and fiscal year 2002 may be retained and used for sion; and the purchase of 30 passenger motor maintenance of power transmission facilities operating expenses within this account, and vehicles, of which 27 shall be for replacement and of marketing electric power and energy, may remain available until expended, as au- only, $5,389,868,000, to remain available until and for construction and acquisition of thorized by section 201 of Public Law 95–238, expended. transmission lines, substations and appur- notwithstanding the provisions of 31 U.S.C. DEFENSE FACILITIES CLOSURE PROJECTS tenant facilities, and for administrative ex- 3302: Provided further, That the sum herein For expenses of the Department of Energy penses, including official reception and rep- appropriated shall be reduced by the amount to accelerate the closure of defense environ- resentation expenses in an amount not to ex- of miscellaneous revenues received during mental management sites, including the pur- ceed $1,500 in carrying out the provisions of fiscal year 2002 so as to result in a final fiscal chase, construction and acquisition of plant section 5 of the Flood Control Act of 1944 (16 year 2002 appropriation from the General and capital equipment and other necessary U.S.C. 825s), as applied to the southwestern Fund estimated at not more than $71,138,000. expenses, $1,080,538,000, to remain available power area, $28,038,000, to remain available OFFICE OF THE INSPECTOR GENERAL until expended. until expended; in addition, notwithstanding For necessary expenses of the Office of the the provisions of 31 U.S.C. 3302, not to exceed DEFENSE ENVIRONMENTAL MANAGEMENT $5,200,000 in reimbursements, to remain Inspector General in carrying out the provi- PRIVATIZATION sions of the Inspector General Act of 1978, as available until expended: Provided, That up amended, $30,000,000, to remain available For Department of Energy expenses for to $1,512,000 collected by the Southwestern until expended. privatization projects necessary for atomic Power Administration pursuant to the Flood energy defense environmental management Control Act to recover purchase power and ATOMIC ENERGY DEFENSE ACTIVITIES activities authorized by the Department of wheeling expenses shall be credited to this NATIONAL NUCLEAR SECURITY Energy Organization Act (42 U.S.C. 7101 et account as offsetting collections, to remain ADMINISTRATION seq.), $157,537,000, to remain available until available until expended for the sole purpose WEAPONS ACTIVITIES expended. of making purchase power and wheeling ex- For Department of Energy expenses, in- OTHER DEFENSE ACTIVITIES penditures. cluding the purchase, construction and ac- For Department of Energy expenses, in- CONSTRUCTION, REHABILITATION, OPERATION quisition of plant and capital equipment and cluding the purchase, construction and ac- AND MAINTENANCE, WESTERN AREA POWER other incidental expenses necessary for quisition of plant and capital equipment and ADMINISTRATION atomic energy defense weapons activities in other expenses necessary for atomic energy For carrying out the functions authorized carrying out the purposes of the Department defense, other defense activities, in carrying by title III, section 302(a)(1)(E) of the Act of of Energy Organization Act (42 U.S.C. 7101 et out the purposes of the Department of En- August 4, 1977 (42 U.S.C. 7152), and other re- seq.), including the acquisition or condemna- ergy Organization Act (42 U.S.C. 7101 et seq.), lated activities including conservation and tion of any real property or any facility or including the acquisition or condemnation of renewable resources programs as authorized, for plant or facility acquisition, construc- any real property or any facility or for plant including official reception and representa- tion, or expansion; and the purchase of pas- or facility acquisition, construction, or ex- tion expenses in an amount not to exceed senger motor vehicles (not to exceed 11 for pansion, $564,168,000, to remain available $1,500, $169,465,000, to remain available until replacement only), $6,062,891,000, to remain until expended. expended, of which $163,951,000 shall be de- available until expended. DEFENSE NUCLEAR WASTE DISPOSAL rived from the Department of the Interior DEFENSE NUCLEAR NONPROLIFERATION Reclamation Fund: Provided, That of the For nuclear waste disposal activities to amount herein appropriated, $6,091,000 is for For Department of Energy expenses, in- carry out the purposes of Public Law 97–425, deposit into the Utah Reclamation Mitiga- cluding the purchase, construction and ac- as amended, including the acquisition of real tion and Conservation Account pursuant to quisition of plant and capital equipment and property or facility construction or expan- title IV of the Reclamation Projects Author- other incidental expenses necessary for sion, $250,000,000, to remain available until ization and Adjustment Act of 1992: Provided atomic energy defense, Defense Nuclear Non- expended. proliferation activities, in carrying out the further, That up to $152,624,000 collected by POWER MARKETING ADMINISTRATIONS purposes of the Department of Energy Orga- the Western Area Power Administration pur- nization Act (42 U.S.C. 7101 et seq.), includ- BONNEVILLE POWER ADMINISTRATION FUND suant to the Flood Control Act of 1944 and ing the acquisition or condemnation of any Expenditures from the Bonneville Power the Reclamation Project Act of 1939 to re- real property or any facility or for plant or Administration Fund, established pursuant cover purchase power and wheeling expenses facility acquisition, construction, or expan- to Public Law 93–454, are approved for offi- shall be credited to this account as offsetting sion, $880,500,000, to remain available until cial reception and representation expenses in collections, to remain available until ex- expended: Provided, That not to exceed $7,000 an amount not to exceed $1,500. For the pur- pended for the sole purpose of making pur- may be used for official reception and rep- poses of appropriating funds to assist in fi- chase power and wheeling expenditures. resentation expenses for national security nancing the construction, acquisition, and FALCON AND AMISTAD OPERATING AND and nonproliferation (including trans- replacement of the transmission system of MAINTENANCE FUND parency) activities in fiscal year 2002. the Bonneville Power Administration up to For operation, maintenance, and emer- NAVAL REACTORS $2,000,000,000 in borrowing authority is au- gency costs for the hydroelectric facilities at For Department of Energy expenses nec- thorized to be appropriated, subject to subse- the Falcon and Amistad Dams, $2,663,000, to essary for naval reactors activities to carry quent annual appropriations, to remain out- remain available until expended, and to be out the Department of Energy Organization standing at any given time: Provided, That derived from the Falcon and Amistad Oper- Act (42 U.S.C. 7101 et seq.), including the ac- the obligation of such borrowing authority ating and Maintenance Fund of the Western quisition (by purchase, condemnation, con- shall not exceed $0 in fiscal year 2002 and Area Power Administration, as provided in struction, or otherwise) of real property, that the Bonneville Power Administration section 423 of the Foreign Relations Author- plant, and capital equipment, facilities, and shall not obligate more than $374,500,000 of ization Act, Fiscal Years 1994 and 1995. facility expansion, $688,045,000, to remain its permanent borrowing in fiscal year 2002. FEDERAL ENERGY REGULATORY COMMISSION available until expended. OPERATION AND MAINTENANCE, SOUTHEASTERN SALARIES AND EXPENSES OFFICE OF THE ADMINISTRATOR POWER ADMINISTRATION For necessary expenses of the Federal En- For necessary expenses of the Office of the For necessary expenses of operation and ergy Regulatory Commission to carry out Administrator of the National Nuclear Secu- maintenance of power transmission facilities the provisions of the Department of Energy rity Administration, including official recep- and of marketing electric power and energy, Organization Act (42 U.S.C. 7101 et seq.), in- tion and representation expenses (not to ex- including transmission wheeling and ancil- cluding services as authorized by 5 U.S.C. ceed $15,000), $15,000,000, to remain available lary services, pursuant to the provisions of 3109, the hire of passenger motor vehicles, until expended. section 5 of the Flood Control Act of 1944 (16 and official reception and representation ex- U.S.C. 825s), as applied to the southeastern penses (not to exceed $3,000), $181,155,000, to OTHER DEFENSE RELATED ACTIVITIES power area, $4,891,000, to remain available remain available until expended: Provided, DEFENSE ENVIRONMENTAL RESTORATION AND until expended; in addition, notwithstanding That notwithstanding any other provision of WASTE MANAGEMENT the provisions of 31 U.S.C. 3302, up to law, not to exceed $181,155,000 of revenues For Department of Energy expenses, in- $8,000,000 collected by the Southeastern from fees and annual charges, and other cluding the purchase, construction and ac- Power Administration pursuant to the Flood services and collections in fiscal year 2002 quisition of plant and capital equipment and Control Act to recover purchase power and shall be retained and used for necessary ex- other expenses necessary for atomic energy wheeling expenses shall be credited to this penses in this account, and shall remain defense environmental restoration and waste account as offsetting collections, to remain available until expended: Provided further, management activities in carrying out the available until expended for the sole purpose That the sum herein appropriated from the purposes of the Department of Energy Orga- of making purchase power and wheeling ex- General Fund shall be reduced as revenues nization Act (42 U.S.C. 7101 et seq.), includ- penditures. are received during fiscal year 2002 so as to July 16, 2001 CONGRESSIONAL RECORD — SENATE S7695 result in a final fiscal year 2002 appropria- authorize the plant manager of a covered nu- quisition of plant and capital equipment as tion from the General Fund estimated at not clear weapons production plant to engage in necessary and other expenses, $40,000,000, to more than $0. research, development, and demonstration remain available until expended. GENERAL PROVISIONS activities with respect to the engineering NUCLEAR REGULATORY COMMISSION DEPARTMENT OF ENERGY and manufacturing capabilities at such plant SALARIES AND EXPENSES in order to maintain and enhance such capa- SEC. 301. (a) None of the funds appropriated For necessary expenses of the Commission bilities at such plant: Provided, That of the by this Act may be used to award a manage- in carrying out the purposes of the Energy amount allocated to a covered nuclear weap- ment and operating contract unless such Reorganization Act of 1974, as amended, and ons production plant each fiscal year from contract is awarded using competitive proce- the Atomic Energy Act of 1954, as amended, amounts available to the Department of En- dures or the Secretary of Energy grants, on including official representation expenses ergy for such fiscal year for national secu- (not to exceed $15,000), and purchase of pro- a case-by-case basis, a waiver to allow for rity programs, not more than an amount such a deviation. The Secretary may not del- motional items for use in the recruitment of equal to 2 percent of such amount may be individuals for employment, $516,900,000, to egate the authority to grant such a waiver. used for these activities: Provided further, (b) At least 60 days before a contract remain available until expended: Provided, That for purposes of this section, the term award, amendment, or modification for That of the amount appropriated herein, ‘‘covered nuclear weapons production plant’’ which the Secretary intends to grant such a $23,650,000 shall be derived from the Nuclear means the following: waiver, the Secretary shall submit to the Waste Fund: Provided further, That revenues (1) The Kansas City Plant, Kansas City, Subcommittees on Energy and Water Devel- from licensing fees, inspection services, and Missouri. opment of the Committees on Appropriations other services and collections estimated at (2) The Y–12 Plant, Oak Ridge, Tennessee. of the House of Representatives and the Sen- $468,248,000 in fiscal year 2002 shall be re- (3) The Pantex Plant, Amarillo, Texas. ate a report notifying the subcommittees of tained and used for necessary salaries and (4) The Savannah River Plant, South Caro- the waiver and setting forth the reasons for expenses in this account, notwithstanding 31 lina. U.S.C. 3302, and shall remain available until the waiver. SEC. 309. Notwithstanding any other law, EC. 302. None of the funds appropriated by expended: Provided further, That, $700,000 of S and without fiscal year limitation, each Fed- this Act may be used to— the funds herein appropriated for regulatory eral Power Marketing Administration is au- reviews and other assistance to Federal (1) develop or implement a workforce re- thorized to engage in activities and solicit, structuring plan that covers employees of agencies and States shall be excluded from undertake and review studies and proposals license fee revenues, notwithstanding 42 the Department of Energy; or relating to the formation and operation of a (2) provide enhanced severance payments U.S.C. 2214: Provided further, That the sum regional transmission organization. herein appropriated shall be reduced by the or other benefits for employees of the De- SEC. 310. The Administrator of the Na- partment of Energy, amount of revenues received during fiscal tional Nuclear Security Administration may year 2002 so as to result in a final fiscal year under section 3161 of the National Defense authorize the manager of the Nevada Oper- 2002 appropriation estimated at not more Authorization Act for Fiscal Year 1993 (Pub- ations Office to engage in research, develop- than $43,652,000: Provided further, That, not- lic Law 102–484; 106 Stat. 2644; 42 U.S.C. ment, and demonstration activities with re- withstanding any other provision of law, no 7274h). spect to the development, test, and evalua- funds made available under this or any other SEC. 303. None of the funds appropriated by tion capabilities necessary for operations Act may be expended by the Commission to this Act may be used to augment the and readiness of the Nevada Test Site: Pro- implement or enforce 10 C.F.R. Part 35, as $20,000,000 made available for obligation by vided, That of the amount allocated to the adopted by the Commission on October 23, this Act for severance payments and other Nevada Operations Office each fiscal year 2000. benefits and community assistance grants from amounts available to the Department OFFICE OF INSPECTOR GENERAL under section 3161 of the National Defense of Energy for such fiscal year for national se- For necessary expenses of the Office of In- Authorization Act for Fiscal Year 1993 (Pub- curity programs at the Nevada Test Site, not lic Law 102–484; 106 Stat. 2644; 42 U.S.C. 7274h) spector General in carrying out the provi- more than an amount equal to 2 percent of sions of the Inspector General Act of 1978, as unless the Department of Energy submits a such amount may be used for these activi- reprogramming request subject to approval amended, $5,500,000, to remain available until ties. expended: Provided, That revenues from li- by the appropriate Congressional commit- SEC. 311. DEPLETED URANIUM censing fees, inspection services, and other tees. HEXAFLUORIDE. Section 1 of Public Law 105– services and collections estimated at SEC. 304. None of the funds appropriated by 204 is amended in subsection (b)— $5,432,000 in fiscal year 2002 shall be retained this Act may be used to prepare or initiate (1) by inserting ‘‘except as provided in sub- and be available until expended, for nec- Requests For Proposals (RFPs) for a pro- section (c),’’ after ‘‘1321–349),’’; and essary salaries and expenses in this account gram if the program has not been funded by (2) by striking ‘‘fiscal year 2002’’ and in- Congress. notwithstanding 31 U.S.C. 3302: Provided fur- serting ‘‘fiscal year 2005’’. ther, That the sum herein appropriated shall (TRANSFERS OF UNEXPENDED BALANCES) TITLE IV be reduced by the amount of revenues re- SEC. 305. The unexpended balances of prior INDEPENDENT AGENCIES ceived during fiscal year 2002 so as to result appropriations provided for activities in this APPALACHIAN REGIONAL COMMISSION in a final fiscal year 2002 appropriation esti- Act may be transferred to appropriation ac- For expenses necessary to carry out the mated at not more than $68,000. counts for such activities established pursu- programs authorized by the Appalachian Re- NUCLEAR WASTE TECHNICAL REVIEW BOARD ant to this title. Balances so transferred may gional Development Act of 1965, as amended, be merged with funds in the applicable estab- SALARIES AND EXPENSES notwithstanding section 405 of said Act and lished accounts and thereafter may be ac- For necessary expenses of the Nuclear for necessary expenses for the Federal Co- counted for as one fund for the same time pe- Waste Technical Review Board, as author- Chairman and the alternate on the Appa- riod as originally enacted. ized by Public Law 100–203, section 5051, lachian Regional Commission, for payment SEC. 306. Of the funds in this Act or any $3,500,000, to be derived from the Nuclear other Act provided to government-owned, of the Federal share of the administrative Waste Fund, and to remain available until contractor-operated laboratories, not to ex- expenses of the Commission, including serv- expended. ceed 6 percent shall be available to be used ices as authorized by 5 U.S.C. 3109, and hire TITLE V of passenger motor vehicles, $66,290,000, to for Laboratory Directed Research and Devel- GENERAL PROVISIONS remain available until expended. opment. SEC. 501. None of the funds appropriated by DEFENSE NUCLEAR FACILITIES SAFETY BOARD SEC. 307. None of the funds in this Act may this Act may be used in any way, directly or be used to dispose of transuranic waste in SALARIES AND EXPENSES indirectly, to influence congressional action the Waste Isolation Pilot Plant which con- For necessary expenses of the Defense Nu- on any legislation or appropriation matters tains concentrations of plutonium in excess clear Facilities Safety Board in carrying out pending before Congress, other than to com- of 20 percent by weight for the aggregate of activities authorized by the Atomic Energy municate to Members of Congress as de- any material category on the date of enact- Act of 1954, as amended by Public Law 100– scribed in section 1913 of title 18, United ment of this Act, or is generated after such 456, section 1441, $18,500,000, to remain avail- States Code. date. For the purposes of this section, the able until expended. SEC. 502. (a) PURCHASE OF AMERICAN-MADE material categories of transuranic waste at DELTA REGIONAL AUTHORITY EQUIPMENT AND PRODUCTS.—It is the sense of the Rocky Flats Environmental Technology SALARIES AND EXPENSES the Congress that, to the greatest extent Site include: (1) ash residues; (2) salt resi- practicable, all equipment and products pur- For necessary expenses of the Delta Re- dues; (3) wet residues; (4) direct repackage chased with funds made available in this Act gional Authority and to carry out its activi- residues; and (5) scrub alloy as referenced in should be American-made. ties, as authorized by the Delta Regional Au- the ‘‘Final Environmental Impact Statement (b) NOTICE REQUIREMENT.—In providing fi- on Management of Certain Plutonium Resi- thority Act of 2000, $20,000,000, to remain nancial assistance to, or entering into any dues and Scrub Alloy Stored at the Rocky available until expended. contract with, any entity using funds made Flats Environmental Technology Site’’. DENALI COMMISSION available in this Act, the head of each Fed- SEC. 308. The Administrator of the Na- For expenses of the Denali Commission in- eral agency, to the greatest extent prac- tional Nuclear Security Administration may cluding the purchase, construction and ac- ticable, shall provide to such entity a notice S7696 CONGRESSIONAL RECORD — SENATE July 16, 2001 describing the statement made in subsection DEPARTMENT OF THE INTERIOR search, emergency rehabilitation, hazardous (a) by the Congress. AND RELATED AGENCIES APPRO- fuels reduction, and rural fire assistance by the (c) PROHIBITION OF CONTRACTS WITH PER- PRIATIONS ACT, 2002 Department of the Interior, $589,421,000, to re- SONS FALSELY LABELING PRODUCTS AS MADE main available until expended, of which not to IN AMERICA.—If it has been finally deter- On July 12, 2001, the Senate amended exceed $19,774,000 shall be for the renovation or mined by a court or Federal agency that any and passed H.R. 2217, as follows: construction of fire facilities: Provided, That not person intentionally affixed a label bearing a Resolved, That the bill from the House of less than $111,255,000 of the funds available for ‘‘Made in America’’ inscription, or any in- Representatives (H.R. 2217) entitled ‘‘An Act hazardous fuels reduction under this heading scription with the same meaning, to any making appropriations for the Department shall be for alleviating immediate emergency product sold in or shipped to the United of the Interior and related agencies for the threats to urban wildland interface areas as de- States that is not made in the United States, fiscal year ending September 30, 2002, and for fined by the Secretary of the Interior: Provided the person shall be ineligible to receive any other purposes.’’, do pass with the following further, That such funds are also available for contract or subcontract made with funds amendment: repayment of advances to other appropriation made available in this Act, pursuant to the Strike out all after the enacting clause and accounts from which funds were previously debarment, suspension, and ineligibility pro- insert: transferred for such purposes: Provided further, cedures described in sections 9.400 through That the following sums are appropriated, out That unobligated balances of amounts pre- 9.409 of title 48, Code of Federal Regulations. of any money in the Treasury not otherwise ap- viously appropriated to the ‘‘Fire Protection’’ This Act may be cited as the ‘‘Energy and propriated, for the Department of the Interior and ‘‘Emergency Department of the Interior Water Development Appropriations Act, and related agencies for the fiscal year ending Firefighting Fund’’ may be transferred and 2002’’. September 30, 2002, and for other purposes, merged with this appropriation: Provided fur- namely: ther, That persons hired pursuant to 43 U.S.C. f TITLE I—DEPARTMENT OF THE INTERIOR 1469 may be furnished subsistence and lodging BUREAU OF LAND MANAGEMENT without cost from funds available from this ap- propriation: Provided further, That notwith- MANAGEMENT OF LANDS AND RESOURCES NOTICE OF HEARING standing 42 U.S.C. 1856d, sums received by a bu- For expenses necessary for protection, use, im- reau or office of the Department of the Interior COMMITTEE ON ENERGY AND NATURAL provement, development, disposal, cadastral sur- for fire protection rendered pursuant to 42 RESOURCES veying, classification, acquisition of easements U.S.C. 1856 et seq., protection of United States Mr. BINGAMAN. Mr. President, I and other interests in lands, and performance of property, may be credited to the appropriation other functions, including maintenance of fa- would like to announce for the infor- from which funds were expended to provide that mation of the Senate and the public cilities, as authorized by law, in the manage- protection, and are available without fiscal year that the Committee has scheduled a ment of lands and their resources under the ju- limitation: Provided further, That using the hearing to consider the nomination of risdiction of the Bureau of Land Management, amounts designated under this title of this Act, including the general administration of the Bu- Dan R. Brouillette to be an Assistant the Secretary of the Interior may enter into pro- reau, and assessment of mineral potential of curement contracts, grants, or cooperative Secretary of Energy (Congressional and public lands pursuant to Public Law 96–487 (16 Intergovernmental Affairs). agreements, for hazardous fuels reduction ac- U.S.C. 3150(a)), $775,962,000, to remain available tivities, and for training and monitoring associ- The hearing will take place on until expended, of which $700,000 is for riparian ated with such hazardous fuels reduction activi- Wednesday, July 18, at 9 a.m. in room management projects in the Rio Puerco water- ties, on Federal land, or on adjacent non-Fed- 366 of the Dirksen Senate Office Build- shed, New Mexico, and of which $1,000,000 is for eral land for activities that benefit resources on ing. high priority projects which shall be carried out Federal land: Provided further, That the costs Those wishing to submit written by the Youth Conservation Corps, defined in of implementing any cooperative agreement be- section 250(c)(4)(E)(xii) of the Balanced Budget tween the Federal government and any non- statements on the nominations should and Emergency Deficit Control Act of 1985, as address them to the Committee on En- Federal entity may be shared, as mutually amended, for the purposes of such Act; of which agreed on by the affected parties: Provided fur- ergy and Natural Resources, United $4,000,000 shall be available for assessment of ther, That in entering into such grants or coop- States Senate, Washington, DC 20510. the mineral potential of public lands in Alaska erative agreements, the Secretary may consider For further information, please contact pursuant to section 1010 of Public Law 96–487 the enhancement of local and small business em- Sam Fowler at 202/224–7571. (16 U.S.C. 3150); and of which not to exceed ployment opportunities for rural communities, $1,000,000 shall be derived from the special re- and that in entering into procurement contracts f ceipt account established by the Land and under this section on a best value basis, the Sec- Water Conservation Act of 1965, as amended (16 retary may take into account the ability of an U.S.C. 460l–6a(i)); and of which $3,000,000 shall AUTHORITY FOR COMMITTEES TO entity to enhance local and small business em- be available in fiscal year 2002 subject to a ployment opportunities in rural communities, MEET match by at least an equal amount by the Na- and that the Secretary may award procurement SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND tional Fish and Wildlife Foundation, to such contracts, grants, or cooperative agreements SPACE Foundation for cost-shared projects supporting under this section to entities that include local Mr. REID. Mr. President, I ask unan- conservation of Bureau lands and such funds non-profit entities, Youth Conservation Corps or shall be advanced to the Foundation as a lump imous consent that the Subcommittee related partnerships, or small or disadvantaged sum grant without regard to when expenses are businesses: Provided further, That funds appro- on Science, Technology and Space of incurred; in addition, $32,298,000 for Mining priated under this head may be used to reim- the Space of the Committee on Com- Law Administration program operations, includ- burse the United States Fish and Wildlife Serv- merce, Science, and Transportation be ing the cost of administering the mining claim ice and the National Marine Fisheries Service authorized to meet on ‘‘Holes in the fee program; to remain available until expended, for the costs of carrying out their responsibilities Net: Security Risks and the Con- to be reduced by amounts collected by the Bu- under the Endangered Species Act of 1973 (16 sumer,’’ on Monday, July 16, 2001, at 1 reau and credited to this appropriation from an- U.S.C. 1531 et seq.) to consult and conference, as p.m. nual mining claim fees so as to result in a final required by section 7 of such Act in connection appropriation estimated at not more than with wildland fire management activities. The PRESIDING OFFICER. Without $775,962,000, and $2,000,000, to remain available For an additional amount to cover necessary objection, it is so ordered. until expended, from communication site rental expenses for burned areas rehabilitation and fees established by the Bureau for the cost of fire suppression by the Department of the Inte- f administering communication site activities: rior, $70,000,000, to remain available until ex- Provided, That appropriations herein made pended, of which $50,000,000 is for wildfire sup- PRIVILEGE OF THE FLOOR shall not be available for the destruction of pression and $20,000,000 is for burned areas re- healthy, unadopted, wild horses and burros in habilitation: Provided, That the entire amount Mr. REID. Mr. President, I ask unan- the care of the Bureau or its contractors: Pro- appropriated in this paragraph is designated by imous consent that Roger Cockrell and vided further, That of the amount provided, the Congress as an emergency requirement pur- James Crum, Appropriations Com- $28,000,000 is for the conservation activities de- suant to section 251(b)(2)(A) of the Balanced mittee detailees from the U.S. Corps of fined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of Engineers, Camille Anderson of the Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That these committee staff, and Dr. Pete Lyons 1985, as amended, for the purposes of such Act: funds shall be available only to the extent an Provided further, That balances in the Federal from Senator DOMENICI’s staff be grant- official budget request for a specific dollar Infrastructure Improvement account shall be ed privileges of the floor for the dura- amount, that includes designation of the entire transferred to and merged with this appropria- amount of the request as an emergency require- tion of the consideration of the bill tion, and shall remain available until expended. ment as defined in the Balanced Budget and now before the Senate. WILDLAND FIRE MANAGEMENT Emergency Deficit Control Act of 1985, as The PRESIDING OFFICER. Without For necessary expenses for fire preparedness, amended, is transmitted by the President to the objection, it is so ordered. suppression operations, fire science and re- Congress. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7697

CENTRAL HAZARDOUS MATERIALS FUND density control treatments. The Federal share of operators share the cost of printing either in For necessary expenses of the Department of receipts (defined as the portion of salvage timber cash or in services, and the Bureau determines the Interior and any of its component offices receipts not paid to the counties under 43 U.S.C. the cooperator is capable of meeting accepted and bureaus for the remedial action, including 1181f and 43 U.S.C. 1181–1 et seq., and Public quality standards: Provided further, That sec- associated activities, of hazardous waste sub- Law 103–66) derived from treatments funded by tion 28f(a) of title 30, United States Code, is stances, pollutants, or contaminants pursuant this account shall be deposited into the Forest amended: to the Comprehensive Environmental Response, Ecosystem Health and Recovery Fund. (1) In section 28f(a), by striking the first sen- Compensation, and Liability Act, as amended RANGE IMPROVEMENTS tence and inserting, ‘‘The holder of each (42 U.S.C. 9601 et seq.), $9,978,000, to remain For rehabilitation, protection, and acquisition unpatented mining claim, mill, or tunnel site, lo- available until expended: Provided, That not- of lands and interests therein, and improvement cated pursuant to the mining laws of the United withstanding 31 U.S.C. 3302, sums recovered of Federal rangelands pursuant to section 401 of States, whether located before, on or after the from or paid by a party in advance of or as re- the Federal Land Policy and Management Act enactment of this Act, shall pay to the Secretary imbursement for remedial action or response ac- of 1976 (43 U.S.C. 1701), notwithstanding any of the Interior, on or before September 1 of each tivities conducted by the Department pursuant other Act, sums equal to 50 percent of all mon- year for years 2002 through 2006, a claim main- to section 107 or 113(f) of such Act, shall be eys received during the prior fiscal year under tenance fee of $100 per claim or site’’; and credited to this account to be available until ex- sections 3 and 15 of the Taylor Grazing Act (43 (2) In section 28g, by striking ‘‘and before Sep- pended without further appropriation: Provided U.S.C. 315 et seq.) and the amount designated tember 30, 2001’’ and inserting in lieu thereof further, That such sums recovered from or paid for range improvements from grazing fees and ‘‘and before September 30, 2006’’. by any party are not limited to monetary pay- mineral leasing receipts from Bankhead-Jones UNITED STATES FISH AND WILDLIFE SERVICE ments and may include stocks, bonds or other lands transferred to the Department of the Inte- RESOURCE MANAGEMENT personal or real property, which may be re- rior pursuant to law, but not less than For necessary expenses of the United States tained, liquidated, or otherwise disposed of by $10,000,000, to remain available until expended: Fish and Wildlife Service, for scientific and eco- the Secretary and which shall be credited to this Provided, That not to exceed $600,000 shall be nomic studies, conservation, management, inves- account. available for administrative expenses. tigations, protection, and utilization of fishery CONSTRUCTION SERVICE CHARGES, DEPOSITS, AND FORFEITURES and wildlife resources, except whales, seals, and For construction of buildings, recreation fa- For administrative expenses and other costs sea lions, maintenance of the herd of long- cilities, roads, trails, and appurtenant facilities, related to processing application documents and horned cattle on the Wichita Mountains Wild- $12,976,000, to remain available until expended. other authorizations for use and disposal of life Refuge, general administration, and for the PAYMENTS IN LIEU OF TAXES public lands and resources, for costs of pro- performance of other authorized functions re- For expenses necessary to implement the Act viding copies of official public land documents, lated to such resources by direct expenditure, of October 20, 1976, as amended (31 U.S.C. 6901– for monitoring construction, operation, and ter- contracts, grants, cooperative agreements and 6907), $220,000,000, of which not to exceed mination of facilities in conjunction with use reimbursable agreements with public and private $400,000 shall be available for administrative ex- authorizations, and for rehabilitation of dam- entities, $845,814,000 to remain available until penses and of which $50,000,000 is for the con- aged property, such amounts as may be col- September 30, 2003, except as otherwise provided servation activities defined in section lected under Public Law 94–579, as amended, herein, of which $100,000 is for the University of 250(c)(4)(E)(xiii) of the Balanced Budget and and Public Law 93–153, to remain available Idaho for developing research mechanisms in Emergency Deficit Control Act of 1985, as until expended: Provided, That notwithstanding support of salmon and trout recovery in the Co- amended, for the purposes of such Act: Pro- any provision to the contrary of section 305(a) lumbia and Snake River basins and their tribu- vided, That no payment shall be made to other- of Public Law 94–579 (43 U.S.C. 1735(a)), any taries, of which $140,000 shall be made available wise eligible units of local government if the moneys that have been or will be received pursu- for the preparation of, and not later than July computed amount of the payment is less than ant to that section, whether as a result of for- 31, 2002, submission to Congress of a report on, $100. feiture, compromise, or settlement, if not appro- a feasibility study and situational appraisal of priate for refund pursuant to section 305(c) of LAND ACQUISITION the Hackensack Meadowlands, New Jersey, to that Act (43 U.S.C. 1735(c)), shall be available For expenses necessary to carry out sections identify management objectives and address and may be expended under the authority of 205, 206, and 318(d) of Public Law 94–579, in- strategies for preservation efforts, and of which this Act by the Secretary to improve, protect, or cluding administrative expenses and acquisition $31,000,000 is for conservation activities defined rehabilitate any public lands administered of lands or waters, or interests therein, in section 250(c)(4)(E) of the Balanced Budget through the Bureau of Land Management $45,686,000, to be derived from the Land and and Emergency Deficit Control Act of 1985, as which have been damaged by the action of a re- Water Conservation Fund, to remain available amended, for the purposes of such Act: Pro- source developer, purchaser, permittee, or any until expended, and to be for the conservation vided, That balances in the Federal Infrastruc- unauthorized person, without regard to whether activities defined in section 250(c)(4)(E)(i) of the ture Improvement account shall be transferred all moneys collected from each such action are Balanced Budget and Emergency Deficit Con- to and merged with this appropriation, and used on the exact lands damaged which led to trol Act of 1985, as amended, for the purposes of shall remain available until expended: Provided the action: Provided further, That any such such Act. further, That not less than $2,000,000 shall be moneys that are in excess of amounts needed to provided to local governments in southern Cali- OREGON AND CALIFORNIA GRANT LANDS repair damage to the exact land for which funds fornia for planning associated with the Natural For expenses necessary for management, pro- were collected may be used to repair other dam- Communities Conservation Planning (NCCP) tection, and development of resources and for aged public lands. program and shall remain available until ex- construction, operation, and maintenance of ac- MISCELLANEOUS TRUST FUNDS pended: Provided further, That not less than cess roads, reforestation, and other improve- In addition to amounts authorized to be ex- $2,000,000 for high priority projects which shall ments on the revested Oregon and California pended under existing laws, there is hereby ap- be carried out by the Youth Conservation Corps, Railroad grant lands, on other Federal lands in propriated such amounts as may be contributed defined in section 250(c)(4)(E)(xii) of the Bal- the Oregon and California land-grant counties under section 307 of the Act of October 21, 1976 anced Budget and Emergency Deficit Control of Oregon, and on adjacent rights-of-way; and (43 U.S.C. 1701), and such amounts as may be Act of 1985, as amended, for the purposes of acquisition of lands or interests therein includ- advanced for administrative costs, surveys, ap- such Act: Provided further, That not to exceed ing existing connecting roads on or adjacent to praisals, and costs of making conveyances of $9,000,000 shall be used for implementing sub- such grant lands; $106,061,000, to remain avail- omitted lands under section 211(b) of that Act, sections (a), (b), (c), and (e) of section 4 of the able until expended: Provided, That 25 percent to remain available until expended. Endangered Species Act, as amended, for species of the aggregate of all receipts during the cur- ADMINISTRATIVE PROVISIONS that are indigenous to the United States (except rent fiscal year from the revested Oregon and Appropriations for the Bureau of Land Man- for processing petitions, developing and issuing California Railroad grant lands is hereby made agement shall be available for purchase, erec- proposed and final regulations, and taking any a charge against the Oregon and California tion, and dismantlement of temporary struc- other steps to implement actions described in land-grant fund and shall be transferred to the tures, and alteration and maintenance of nec- subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): General Fund in the Treasury in accordance essary buildings and appurtenant facilities to Provided further, That of the amount available with the second paragraph of subsection (b) of which the United States has title; up to $100,000 for law enforcement, up to $400,000 to remain title II of the Act of August 28, 1937 (50 Stat. for payments, at the discretion of the Secretary, available until expended, may at the discretion 876). for information or evidence concerning viola- of the Secretary, be used for payment for infor- FOREST ECOSYSTEMS HEALTH AND RECOVERY tions of laws administered by the Bureau; mis- mation, rewards, or evidence concerning viola- FUND cellaneous and emergency expenses of enforce- tions of laws administered by the Service, and (REVOLVING FUND, SPECIAL ACCOUNT) ment activities authorized or approved by the miscellaneous and emergency expenses of en- In addition to the purposes authorized in Secretary and to be accounted for solely on her forcement activity, authorized or approved by Public Law 102–381, funds made available in the certificate, not to exceed $10,000: Provided, That the Secretary and to be accounted for solely on Forest Ecosystem Health and Recovery Fund notwithstanding 44 U.S.C. 501, the Bureau may, her certificate: Provided further, That of the can be used for the purpose of planning, pre- under cooperative cost-sharing and partnership amount provided for environmental contami- paring, and monitoring salvage timber sales and arrangements authorized by law, procure print- nants, up to $1,000,000 may remain available forest ecosystem health and recovery activities ing services from cooperators in connection with until expended for contaminant sample anal- such as release from competing vegetation and jointly produced publications for which the co- yses: Provided further, That $1,100,000 shall be S7698 CONGRESSIONAL RECORD — SENATE July 16, 2001 made available to the National Fish and Wild- private conservation efforts that benefit feder- the Federal share of planning grants shall not life Foundation to carry out a competitively ally listed, proposed, or candidate species, or exceed 75 percent of the total costs of such awarded grant program for State, local, or other other at-risk species. projects and the Federal share of implementa- organizations in Maine to fund on-the-ground COOPERATIVE ENDANGERED SPECIES tion grants shall not exceed 50 percent of the projects to further Atlantic salmon conservation CONSERVATION FUND total costs of such projects: Provided further, and restoration efforts, at least $550,000 of For expenses necessary to carry out section 6 That the non-Federal share of such projects which shall be awarded to projects that will also of the Endangered Species Act of 1973 (16 U.S.C. may not be derived from Federal grant pro- assist industries in Maine affected by the listing 1531–1543), as amended, $91,000,000, to be de- grams: Provided further, That no State, terri- of Atlantic salmon under the Endangered Spe- rived from the Cooperative Endangered Species tory, or other jurisdiction shall receive a grant cies Act. Conservation Fund, to remain available until unless it has developed, or committed to develop CONSTRUCTION expended, and to be for the conservation activi- by October 1, 2005, a comprehensive wildlife con- For construction, improvement, acquisition, or ties defined in section 250(c)(4)(E)(v) of the Bal- servation plan, consistent with criteria estab- removal of buildings and other facilities re- anced Budget and Emergency Deficit Control lished by the Secretary of the Interior, that con- quired in the conservation, management, inves- Act of 1985, as amended, for the purposes of siders the broad range of the State, territory, or tigation, protection, and utilization of fishery such Act. other jurisdiction’s wildlife and associated habi- and wildlife resources, and the acquisition of tats, with appropriate priority placed on those NATIONAL WILDLIFE REFUGE FUND species with the greatest conservation need and lands and interests therein; $55,526,000, to re- For expenses necessary to implement the Act taking into consideration the relative level of main available until expended. of October 17, 1978 (16 U.S.C. 715s), $14,414,000. funding available for the conservation of those LAND ACQUISITION NORTH AMERICAN WETLANDS CONSERVATION FUND species: Provided further, That any amount ap- For expenses necessary to carry out the Land For expenses necessary to carry out the provi- portioned in 2002 to any State, territory, or and Water Conservation Fund Act of 1965, as sions of the North American Wetlands Conserva- other jurisdiction that remains unobligated as of amended (16 U.S.C. 460l–4 through 11), includ- tion Act, Public Law 101–233, as amended, September 30, 2003, shall be reapportioned, to- ing administrative expenses, and for acquisition $42,000,000, to remain available until expended gether with funds appropriated in 2004, in the of land or waters, or interest therein, in accord- and to be for the conservation activities defined manner provided herein. ance with statutory authority applicable to the in section 250(c)(4)(E)(vi) of the Balanced Budg- Of the amounts appropriated in title VIII of United States Fish and Wildlife Service, et and Emergency Deficit Control Act of 1985, as Public Law 106–291, $49,890,000 for State Wild- $108,401,000, to be derived from the Land and amended, for the purposes of such Act. life Grants are rescinded. Water Conservation Fund, to remain available MULTINATIONAL SPECIES CONSERVATION FUND ADMINISTRATIVE PROVISIONS until expended, and to be for the conservation For expenses necessary to carry out the Afri- Appropriations and funds available to the activities defined in section 250(c)(4)(E)(ii) of the can Elephant Conservation Act (16 U.S.C. 4201– United States Fish and Wildlife Service shall be Balanced Budget and Emergency Deficit Con- 4203, 4211–4213, 4221–4225, 4241–4245, and 1538), available for purchase of not to exceed 74 pas- trol Act of 1985, as amended, for the purposes of the Asian Elephant Conservation Act of 1997 (16 senger motor vehicles, of which 69 are for re- such Act, of which $500,000 shall be available to U.S.C. 4261–4266), the Rhinoceros and Tiger placement only (including 32 for police-type acquire land for the Don Edwards National Conservation Act of 1994 (16 U.S.C. 5301–5306), use); repair of damage to public roads within Wildlife Refuge, California, of which not more and the Great Ape Conservation Act of 2000 (16 and adjacent to reservation areas caused by op- than $500,000 shall be used for acquisition of U.S.C. 6301), $4,000,000, to remain available erations of the Service; options for the purchase 1,750 acres for the Red River National Wildlife until expended: Provided, That funds made of land at not to exceed $1 for each option; fa- Refuge, and of which $3,000,000 shall be for the available under this Act, Public Law 106–291, cilities incident to such public recreational uses acquisition of lands in the Cahaba River Na- and Public Law 106–554 and hereafter in annual on conservation areas as are consistent with tional Wildlife Refuge, and of which $1,500,000 appropriations acts for rhinoceros, tiger, Asian their primary purpose; and the maintenance shall be for emergencies and hardships, and of elephant, and great ape conservation programs and improvement of aquaria, buildings, and which $1,500,000 shall be for inholdings. are exempt from any sanctions imposed against other facilities under the jurisdiction of the LANDOWNER INCENTIVE PROGRAM any country under section 102 of the Arms Ex- Service and to which the United States has title, For expenses necessary to carry out the Land port Control Act (22 U.S.C. 2799aa–1). and which are used pursuant to law in connec- and Water Conservation Fund Act of 1965, as STATE WILDLIFE GRANTS tion with management and investigation of fish amended (16 U.S.C. 460l–4 through 11), includ- (INCLUDING RESCISSION) and wildlife resources: Provided, That notwith- ing administrative expenses, and for private For wildlife conservation grants to States and standing 44 U.S.C. 501, the Service may, under conservation efforts to be carried out on private to the District of Columbia, Puerto Rico, Guam, cooperative cost sharing and partnership ar- lands, $50,000,000, to be derived from the Land the U.S. Virgin Islands, the Northern Mariana rangements authorized by law, procure printing and Water Conservation Fund, to remain avail- Islands, and American Samoa, under the provi- services from cooperators in connection with able until expended, and to be for conservation sions of the Fish and Wildlife Act of 1956 and jointly produced publications for which the co- spending category activities pursuant to section the Fish and Wildlife Coordination Act, for the operators share at least one-half the cost of 251(c) of the Balanced Budget and Emergency development and implementation of programs printing either in cash or services and the Serv- Deficit Control Act of 1985, as amended, for the for the benefit of wildlife and their habitat, in- ice determines the cooperator is capable of meet- purposes of discretionary spending limits: Pro- cluding species that are not hunted or fished, ing accepted quality standards: Provided fur- vided, That the amount provided herein is for a $100,000,000, to be derived from the Land and ther, That the Service may accept donated air- Landowner Incentive Program established by Water Conservation Fund, to remain available craft as replacements for existing aircraft: Pro- the Secretary that provides matching, competi- until expended, and to be for the conservation vided further, That notwithstanding any other tively awarded grants to States, the District of activities defined in section 250(c)(4)(E) of the provision of law, the Secretary of the Interior Columbia, Tribes, Puerto Rico, Guam, the Balanced Budget and Emergency Deficit Con- may not spend any of the funds appropriated in United States Virgin Islands, the Northern Mar- trol Act of 1985, as amended, for the purposes of this Act for the purchase of lands or interests in iana Islands, and American Samoa, to establish, such Act: Provided, That the Secretary shall, lands to be used in the establishment of any new or supplement existing, landowner incentive after deducting administrative expenses, appor- unit of the National Wildlife Refuge System un- programs that provide technical and financial tion the amount provided herein in the fol- less the purchase is approved in advance by the assistance, including habitat protection and res- lowing manner: (A) to the District of Columbia House and Senate Committees on Appropria- toration, to private landowners for the protec- and to the Commonwealth of Puerto Rico, each tions in compliance with the reprogramming tion and management of habitat to benefit fed- a sum equal to not more than one-half of 1 per- procedures contained in Senate Report 105–56. erally listed, proposed, or candidate species, or cent thereof: and (B) to Guam, American NATIONAL PARK SERVICE other at-risk species on private lands. Samoa, the U.S. Virgin Islands, and the Com- OPERATION OF THE NATIONAL PARK SYSTEM STEWARDSHIP GRANTS monwealth of the Northern Mariana Islands, For expenses necessary for the management, For expenses necessary to carry out the Land each a sum equal to not more than one-fourth operation, and maintenance of areas and facili- and Water Conservation Fund Act of 1965, as of 1 percent thereof: Provided further, That the ties administered by the National Park Service amended (16 U.S.C. 460l–4 through 11), includ- Secretary shall apportion the remaining amount (including special road maintenance service to ing administrative expenses, and for private in the following manner: (A) one-third of which trucking permittees on a reimbursable basis), conservation efforts to be carried out on private is based on the ratio to which the land area of and for the general administration of the Na- lands, $10,000,000, to be derived from the Land such State bears to the total land area of all tional Park Service, $1,473,128,000, of which and Water Conservation Fund, to remain avail- such States; and (B) two-thirds of which is $10,881,000 for research, planning and inter- able until expended, and to be for conservation based on the ratio to which the population of agency coordination in support of land acquisi- spending category activities pursuant to section such State bears to the total population of all tion for Everglades restoration shall remain 251(c) of the Balanced Budget and Emergency such States: Provided further, That the amounts available until expended; and of which Deficit Control Act of 1985, as amended, for the apportioned under this paragraph shall be ad- $72,640,000, to remain available until September purposes of discretionary spending limits: Pro- justed equitably so that no State shall be appor- 30, 2003, is for maintenance repair or rehabilita- vided, That the amount provided herein is for tioned a sum which is less than 1 percent of the tion projects for constructed assets, operation of the Secretary to establish a Private Stewardship amount available for apportionment under this the National Park Service automated facility Grants Program to provide grants and other as- paragraph for any fiscal year or more than 5 management software system, and comprehen- sistance to individuals and groups engaged in percent of such amount: Provided further, That sive facility condition assessments; and of which July 16, 2001 CONGRESSIONAL RECORD — SENATE S7699 $2,000,000 is for the Youth Conservation Corps, funds: Provided further, That Save America’s shall be for replacement only, including not to defined in section 250(c)(4)(E)(xii) of the Bal- Treasures funds allocated for Federal projects exceed 237 for police-type use, 11 buses, and 8 anced Budget and Emergency Deficit Control shall be available by transfer to appropriate ac- ambulances: Provided, That none of the funds Act of 1985, as amended, for the purposes of counts of individual agencies, after approval of appropriated to the National Park Service may such Act, for high priority projects: Provided, such projects by the Secretary of the Interior: be used to process any grant or contract docu- That the only funds in this account which may Provided further, That none of the funds pro- ments which do not include the text of 18 U.S.C. be made available to support United States Park vided for Save America’s Treasures may be used 1913: Provided further, That none of the funds Police are those funds approved for emergency for administrative expenses, and staffing for the appropriated to the National Park Service may law and order incidents pursuant to established program shall be available from the existing be used to implement an agreement for the rede- National Park Service procedures, those funds staffing levels in the National Park Service. velopment of the southern end of Ellis Island needed to maintain and repair United States CONSTRUCTION until such agreement has been submitted to the Park Police administrative facilities, and those For construction, improvements, repair or re- Congress and shall not be implemented prior to funds necessary to reimburse the United States placement of physical facilities, including the the expiration of 30 calendar days (not includ- Park Police account for the unbudgeted over- modifications authorized by section 104 of the ing any day in which either House of Congress time and travel costs associated with special Everglades National Park Protection and Ex- is not in session because of adjournment of more events for an amount not to exceed $10,000 per pansion Act of 1989, $338,585,000, to remain than three calendar days to a day certain) from the receipt by the Speaker of the House of Rep- event subject to the review and concurrence of available until expended, of which $60,000,000 is resentatives and the President of the Senate of the Washington headquarters office. for conservation activities defined in section a full and comprehensive report on the develop- UNITED STATES PARK POLICE 250(c)(4)(E) of the Balanced Budget and Emer- ment of the southern end of Ellis Island, includ- For expenses necessary to carry out the pro- gency Deficit Control Act of 1985, as amended, ing the facts and circumstances relied upon in grams of the United States Park Police, for the purposes of such Act. support of the proposed project. $66,106,000. LAND AND WATER CONSERVATION FUND None of the funds in this Act may be spent by CONTRIBUTION FOR ANNUITY BENEFITS (RESCISSION) the National Park Service for activities taken in For reimbursement (not heretofore made), pur- The contract authority provided for fiscal direct response to the United Nations Biodiver- suant to provisions of Public Law 85–157, to the year 2002 by 16 U.S.C. 460l–10a is rescinded. sity Convention. District of Columbia on a monthly basis for ben- LAND ACQUISITION AND STATE ASSISTANCE The National Park Service may distribute to efit payments by the District of Columbia to operating units based on the safety record of For expenses necessary to carry out the Land United States Park Police annuitants under the each unit the costs of programs designed to im- and Water Conservation Act of 1965, as amend- provisions of the Policeman and Fireman’s Re- prove workplace and employee safety, and to ed (16 U.S.C. 460l–4 through 11), including ad- tirement and Disability Act (Act), to the extent encourage employees receiving workers’ com- ministrative expenses, and for acquisition of those payments exceed contributions made by pensation benefits pursuant to chapter 81 of active Park Police members covered under the lands or waters, or interest therein, in accord- title 5, United States Code, to return to appro- Act, such amounts as hereafter may be nec- ance with the statutory authority applicable to priate positions for which they are medically essary: Provided, That hereafter the appropria- the National Park Service, $287,036,000, to be de- able. rived from the Land and Water Conservation tions made to the National Park Service shall UNITED STATES GEOLOGICAL SURVEY not be available for this purpose. Fund, to remain available until expended and to be for the conservation activities defined in sec- SURVEYS, INVESTIGATIONS, AND RESEARCH NATIONAL RECREATION AND PRESERVATION tion 250(c)(4)(E)(iii) of the Balanced Budget and For expenses necessary for the United States For expenses necessary to carry out recreation Emergency Deficit Control Act of 1985, as Geological Survey to perform surveys, investiga- programs, natural programs, cultural programs, amended, for the purposes of such Act, of which tions, and research covering topography, geol- heritage partnership programs, environmental $164,000,000 is for the State assistance program ogy, hydrology, biology, and the mineral and compliance and review, international park af- including $4,000,000 to administer the State as- water resources of the United States, its terri- fairs, statutory or contractual aid for other ac- sistance program, and of which $11,000,000 shall tories and possessions, and other areas as au- tivities, and grant administration, not otherwise be for grants, not covering more than 50 percent thorized by 43 U.S.C. 31, 1332, and 1340; classify provided for, $66,287,000, of which $300,000 in of the total cost of any acquisition to be made lands as to their mineral and water resources; heritage partnership funds are for the Erie with such funds, to States and local commu- give engineering supervision to power permittees Canalway National Heritage Corridor, of which nities for purposes of acquiring lands or inter- and Federal Energy Regulatory Commission li- $101,000 in statutory or contractual aid is for ests in lands to preserve and protect Civil War censees; administer the minerals exploration the Brown Foundation for Educational Equity, battlefield sites identified in the July 1993 Re- program (30 U.S.C. 641); and publish and dis- and of which $250,000 is for a cultural program port on the Nation’s Civil War Battlefields pre- seminate data relative to the foregoing activi- ties; and to conduct inquiries into the economic grant to the Underground Railroad Coalition of pared by the Civil War Sites Advisory Commis- conditions affecting mining and materials proc- Delaware. sion: Provided, That lands or interests in land essing industries (30 U.S.C. 3, 21a, and 1603; 50 URBAN PARK AND RECREATION FUND acquired with Civil War battlefield grants shall U.S.C. 98g(1)) and related purposes as author- For expenses necessary to carry out the provi- be subject to the requirements of paragraph ized by law and to publish and disseminate sions of the Urban Park and Recreation Recov- 6(f)(3) of the Land and Water Conservation data; $892,474,000, of which $64,318,000 shall be ery Act of 1978 (16 U.S.C. 2501 et seq.), Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)): Pro- available only for cooperation with States or vided further, That of the amounts provided $20,000,000, to remain available until expended municipalities for water resources investiga- under this heading, $15,000,000 may be for Fed- and to be for the conservation activities defined tions; and of which $16,400,000 shall remain eral grants to the State of Florida for the acqui- in section 250(c)(4)(E)(x) of the Balanced Budg- available until expended for conducting inquir- et and Emergency Deficit Control Act of 1985, as sition of lands or waters, or interests therein, ies into the economic conditions affecting min- amended, for the purposes of such Act. within the Everglades watershed (consisting of ing and materials processing industries; and of HISTORIC PRESERVATION FUND lands and waters within the boundaries of the which $8,000,000 shall remain available until ex- For expenses necessary in carrying out the South Florida Water Management District, pended for satellite operations; and of which Historic Preservation Act of 1966, as amended Florida Bay and the Florida Keys, including $23,226,000 shall be available until September 30, (16 U.S.C. 470), and the Omnibus Parks and the areas known as the Frog Pond, the Rocky 2003 for the operation and maintenance of fa- Public Lands Management Act of 1996 (Public Glades and the Eight and One-Half Square Mile cilities and deferred maintenance; and of which Law 104–333), $74,000,000, to be derived from the Area) under terms and conditions deemed nec- $164,424,000 shall be available until September Historic Preservation Fund, to remain available essary by the Secretary to improve and restore 30, 2003 for the biological research activity and until September 30, 2003, and to be for the con- the hydrological function of the Everglades wa- the operation of the Cooperative Research servation activities defined in section tershed; and $16,000,000 may be for project modi- Units: Provided, That none of these funds pro- 250(c)(4)(E)(xi) of the Balanced Budget and fications authorized by section 104 of the Ever- vided for the biological research activity shall be Emergency Deficit Control Act of 1985, as glades National Park Protection and Expansion used to conduct new surveys on private prop- amended, for the purposes of such Act: Pro- Act: Provided further, That funds provided erty, unless specifically authorized in writing by vided, That of the amount provided $30,000,000 under this heading for assistance to the State of the property owner: Provided further, That of shall be for Save America’s Treasures for pri- Florida to acquire lands within the Everglades the amount provided herein, $25,000,000 is for ority preservation projects, including preserva- watershed are contingent upon new matching the conservation activities defined in section tion of intellectual and cultural artifacts, pres- non-Federal funds by the State and shall be 250(c)(4)(E)(viii) of the Balanced Budget and ervation of historic structures and sites, and subject to an agreement that the lands to be ac- Emergency Deficit Control Act of 1985, as buildings to house cultural and historic re- quired will be managed in perpetuity for the res- amended, for the purposes of such Act: Provided sources and to provide educational opportuni- toration of the Everglades: Provided further, further, That no part of this appropriation shall ties: Provided further, That any individual Save That none of the funds provided for the State be used to pay more than one-half the cost of America’s Treasures grant shall be matched by Assistance program may be used to establish a topographic mapping or water resources data non-Federal funds: Provided further, That indi- contingency fund. collection and investigations carried on in co- vidual projects shall only be eligible for one ADMINISTRATIVE PROVISIONS operation with States and municipalities. grant, and all projects to be funded shall be ap- Appropriations for the National Park Service ADMINISTRATIVE PROVISIONS proved by the House and Senate Committees on shall be available for the purchase of not to ex- The amount appropriated for the United Appropriations prior to the commitment of grant ceed 315 passenger motor vehicles, of which 256 States Geological Survey shall be available for S7700 CONGRESSIONAL RECORD — SENATE July 16, 2001 the purchase of not to exceed 53 passenger motor VII, and title VIII, section 8201 of the Oil Pollu- age abatement and treatment fund, the State of vehicles, of which 48 are for replacement only; tion Act of 1990, $6,118,000, which shall be de- Maryland must first complete all Surface Min- reimbursement to the General Services Adminis- rived from the Oil Spill Liability Trust Fund, to ing Control and Reclamation Act priority one tration for security guard services; contracting remain available until expended. projects. for the furnishing of topographic maps and for OFFICE OF SURFACE MINING RECLAMATION AND BUREAU OF INDIAN AFFAIRS the making of geophysical or other specialized ENFORCEMENT OPERATION OF INDIAN PROGRAMS surveys when it is administratively determined REGULATION AND TECHNOLOGY For expenses necessary for the operation of that such procedures are in the public interest; For necessary expenses to carry out the provi- Indian programs, as authorized by law, includ- construction and maintenance of necessary sions of the Surface Mining Control and Rec- ing the Snyder Act of November 2, 1921 (25 buildings and appurtenant facilities; acquisition lamation Act of 1977, Public Law 95–87, as U.S.C. 13), the Indian Self-Determination and of lands for gauging stations and observation amended, including the purchase of not to ex- Education Assistance Act of 1975 (25 U.S.C. 450 wells; expenses of the United States National ceed 10 passenger motor vehicles, for replace- et seq.), as amended, the Education Amend- Committee on Geology; and payment of com- ment only; $102,144,000: Provided, That the Sec- ments of 1978 (25 U.S.C. 2001–2019), and the pensation and expenses of persons on the rolls retary of the Interior, pursuant to regulations, Tribally Controlled Schools Act of 1988 (25 of the Survey duly appointed to represent the may use directly or through grants to States, U.S.C. 2501 et seq.), as amended, $1,804,322,000, United States in the negotiation and adminis- moneys collected in fiscal year 2002 for civil pen- to remain available until September 30, 2003 ex- tration of interstate compacts: Provided, That alties assessed under section 518 of the Surface cept as otherwise provided herein, of which not activities funded by appropriations herein made Mining Control and Reclamation Act of 1977 (30 to exceed $89,864,000 shall be for welfare assist- may be accomplished through the use of con- U.S.C. 1268), to reclaim lands adversely affected ance payments and notwithstanding any other tracts, grants, or cooperative agreements as de- by coal mining practices after August 3, 1977, to provision of law, including but not limited to fined in 31 U.S.C. 6302 et seq. remain available until expended: Provided fur- the Indian Self-Determination Act of 1975, as MINERALS MANAGEMENT SERVICE ther, That appropriations for the Office of Sur- amended, not to exceed $130,209,000 shall be ROYALTY AND OFFSHORE MINERALS MANAGEMENT face Mining Reclamation and Enforcement may available for payments to tribes and tribal orga- provide for the travel and per diem expenses of nizations for contract support costs associated For expenses necessary for minerals leasing State and tribal personnel attending Office of with ongoing contracts, grants, compacts, or an- and environmental studies, regulation of indus- Surface Mining Reclamation and Enforcement nual funding agreements entered into with the try operations, and collection of royalties, as sponsored training. Bureau prior to or during fiscal year 2002, as authorized by law; for enforcing laws and regu- ABANDONED MINE RECLAMATION FUND authorized by such Act, except that tribes and lations applicable to oil, gas, and other minerals For necessary expenses to carry out title IV of tribal organizations may use their tribal priority leases, permits, licenses and operating contracts; the Surface Mining Control and Reclamation allocations for unmet indirect costs of ongoing and for matching grants or cooperative agree- Act of 1977, Public Law 95–87, as amended, in- contracts, grants, or compacts, or annual fund- ments; including the purchase of not to exceed cluding the purchase of not more than 10 pas- ing agreements and for unmet welfare assistance eight passenger motor vehicles for replacement senger motor vehicles for replacement only, costs; and up to $3,000,000 shall be for the In- only, $151,933,000, of which $84,021,000, shall be $203,171,000, to be derived from receipts of the dian Self-Determination Fund which shall be available for royalty management activities; and Abandoned Mine Reclamation Fund and to re- available for the transitional cost of initial or an amount not to exceed $102,730,000, to be cred- main available until expended; of which up to expanded tribal contracts, grants, compacts or ited to this appropriation and to remain avail- $10,000,000, to be derived from the Federal Ex- cooperative agreements with the Bureau under able until expended, from additions to receipts penses Share of the Fund, shall be for supple- such Act; and of which not to exceed resulting from increases to rates in effect on Au- mental grants to States for the reclamation of $436,427,000 for school operations costs of Bu- gust 5, 1993, from rate increases to fee collec- abandoned sites with acid mine rock drainage reau-funded schools and other education pro- tions for Outer Continental Shelf administrative from coal mines, and for associated activities, grams shall become available on July 1, 2002, activities performed by the Minerals Manage- through the Appalachian Clean Streams Initia- and shall remain available until September 30, ment Service over and above the rates in effect tive: Provided, That grants to minimum program 2003; and of which not to exceed $58,540,000 on September 30, 1993, and from additional fees States will be $1,600,000 per State in fiscal year shall remain available until expended for hous- for Outer Continental Shelf administrative ac- 2002: Provided further, That of the funds herein ing improvement, road maintenance, attorney tivities established after September 30, 1993: Pro- provided up to $18,000,000 may be used for the fees, litigation support, the Indian Self-Deter- vided, That to the extent $102,730,000 in addi- emergency program authorized by section 410 of mination Fund, land records improvement, and tions to receipts are not realized from the Public Law 95–87, as amended, of which no the Navajo-Hopi Settlement Program: Provided, sources of receipts stated above, the amount more than 25 percent shall be used for emer- That notwithstanding any other provision of needed to reach $102,730,000 shall be credited to gency reclamation projects in any one State and law, including but not limited to the Indian this appropriation from receipts resulting from funds for federally administered emergency rec- Self-Determination Act of 1975, as amended, and rental rates for Outer Continental Shelf leases lamation projects under this proviso shall not 25 U.S.C. 2008, not to exceed $43,065,000 within in effect before August 5, 1993: Provided further, exceed $11,000,000: Provided further, That prior and only from such amounts made available for That $3,000,000 for computer acquisitions shall year unobligated funds appropriated for the school operations shall be available to tribes and remain available until September 30, 2003: Pro- emergency reclamation program shall not be tribal organizations for administrative cost vided further, That funds appropriated under subject to the 25 percent limitation per State and grants associated with the operation of Bureau- this Act shall be available for the payment of in- may be used without fiscal year limitation for funded schools: Provided further, That any for- terest in accordance with 30 U.S.C. 1721(b) and emergency projects: Provided further, That pur- estry funds allocated to a tribe which remain (d): Provided further, That not to exceed $3,000 suant to Public Law 97–365, the Department of unobligated as of September 30, 2003, may be shall be available for reasonable expenses re- the Interior is authorized to use up to 20 percent transferred during fiscal year 2004 to an Indian lated to promoting volunteer beach and marine from the recovery of the delinquent debt owed to forest land assistance account established for cleanup activities: Provided further, That not- the United States Government to pay for con- the benefit of such tribe within the tribe’s trust withstanding any other provision of law, $15,000 tracts to collect these debts: Provided further, fund account: Provided further, That any such under this heading shall be available for re- That funds made available under title IV of unobligated balances not so transferred shall ex- funds of overpayments in connection with cer- Public Law 95–87 may be used for any required pire on September 30, 2004. tain Indian leases in which the Director of the non-Federal share of the cost of projects funded CONSTRUCTION Minerals Management Service (MMS) concurred by the Federal Government for the purpose of For construction, repair, improvement, and with the claimed refund due, to pay amounts environmental restoration related to treatment maintenance of irrigation and power systems, owed to Indian allottees or tribes, or to correct or abatement of acid mine drainage from aban- buildings, utilities, and other facilities, includ- prior unrecoverable erroneous payments: Pro- doned mines: Provided further, That such ing architectural and engineering services by vided further, That MMS may under the roy- projects must be consistent with the purposes contract; acquisition of lands, and interests in alty-in-kind pilot program use a portion of the and priorities of the Surface Mining Control lands; and preparation of lands for farming, revenues from royalty-in-kind sales, without re- and Reclamation Act: Provided further, That and for construction of the Navajo Indian Irri- gard to fiscal year limitation, to pay for trans- the State of Maryland may set aside the greater gation Project pursuant to Public Law 87–483, portation to wholesale market centers or up- of $1,000,000 or 10 percent of the total of the $360,132,000, to remain available until expended: stream pooling points, and to process or other- grants made available to the State under title IV Provided, That such amounts as may be avail- wise dispose of royalty production taken in of the Surface Mining Control and Reclamation able for the construction of the Navajo Indian kind: Provided further, That MMS shall ana- Act of 1977, as amended (30 U.S.C. 1231 et seq.), Irrigation Project may be transferred to the Bu- lyze and document the expected return in ad- if the amount set aside is deposited in an acid reau of Reclamation: Provided further, That not vance of any royalty-in-kind sales to assure to mine drainage abatement and treatment fund to exceed 6 percent of contract authority avail- the maximum extent practicable that royalty in- established under a State law, pursuant to able to the Bureau of Indian Affairs from the come under the pilot program is equal to or which law the amount (together with all inter- Federal Highway Trust Fund may be used to greater than royalty income recognized under a est earned on the amount) is expended by the cover the road program management costs of the comparable royalty-in-value program. State to undertake acid mine drainage abate- Bureau: Provided further, That any funds pro- OIL SPILL RESEARCH ment and treatment projects, except that before vided for the Safety of Dams program pursuant For necessary expenses to carry out title I, any amounts greater than 10 percent of its title to 25 U.S.C. 13 shall be made available on a section 1016, title IV, sections 4202 and 4303, title IV grants are deposited in an acid mine drain- nonreimbursable basis: Provided further, That July 16, 2001 CONGRESSIONAL RECORD — SENATE S7701 for fiscal year 2002, in implementing new con- In the event any tribe returns appropriations vided further, That of the amounts provided for struction or facilities improvement and repair made available by this Act to the Bureau of In- technical assistance, not to exceed $2,000,000 project grants in excess of $100,000 that are pro- dian Affairs for distribution to other tribes, this shall be made available for transfer to the Dis- vided to tribally controlled grant schools under action shall not diminish the Federal Govern- aster Assistance Direct Loan Financing Account Public Law 100–297, as amended, the Secretary ment’s trust responsibility to that tribe, or the of the Federal Emergency Management Agency of the Interior shall use the Administrative and government-to-government relationship between for the purpose of covering the cost of forgiving Audit Requirements and Cost Principles for As- the United States and that tribe, or that tribe’s the repayment obligation of the Government of sistance Programs contained in 43 CFR part 12 ability to access future appropriations. the Virgin Islands on Community Disaster Loan as the regulatory requirements: Provided fur- Notwithstanding any other provision of law, 841, as required by section 504 of the Congres- ther, That such grants shall not be subject to no funds available to the Bureau, other than sional Budget Act of 1974, as amended (2 U.S.C. section 12.61 of 43 CFR; the Secretary and the the amounts provided herein for assistance to 661c): Provided further, That of the amounts grantee shall negotiate and determine a sched- public schools under 25 U.S.C. 452 et seq., shall provided for technical assistance, sufficient ule of payments for the work to be performed: be available to support the operation of any ele- funding shall be made available for a grant to Provided further, That in considering applica- mentary or secondary school in the State of the Close Up Foundation: Provided further, tions, the Secretary shall consider whether the Alaska. That the funds for the program of operations Indian tribe or tribal organization would be de- Appropriations made available in this or any and maintenance improvement are appropriated ficient in assuring that the construction projects other Act for schools funded by the Bureau to institutionalize routine operations and main- conform to applicable building standards and shall be available only to the schools in the Bu- tenance improvement of capital infrastructure codes and Federal, tribal, or State health and reau school system as of September 1, 1996. No in American Samoa, Guam, the Virgin Islands, safety standards as required by 25 U.S.C. funds available to the Bureau shall be used to the Commonwealth of the Northern Mariana Is- 2005(a), with respect to organizational and fi- support expanded grades for any school or dor- lands, the Republic of Palau, the Republic of nancial management capabilities: Provided fur- mitory beyond the grade structure in place or the Marshall Islands, and the Federated States ther, That if the Secretary declines an applica- approved by the Secretary of the Interior at of Micronesia through assessments of long-range tion, the Secretary shall follow the requirements each school in the Bureau school system as of operations maintenance needs, improved capa- contained in 25 U.S.C. 2505(f): Provided further, October 1, 1995. Funds made available under bility of local operations and maintenance insti- That any disputes between the Secretary and this Act may not be used to establish a charter tutions and agencies (including management any grantee concerning a grant shall be subject school at a Bureau-funded school (as that term and vocational education training), and project- to the disputes provision in 25 U.S.C. 2508(e). is defined in section 1146 of the Education specific maintenance (with territorial participa- INDIAN LAND AND WATER CLAIM SETTLEMENTS Amendments of 1978 (25 U.S.C. 2026)), except tion and cost sharing to be determined by the AND MISCELLANEOUS PAYMENTS TO INDIANS that a charter school that is in existence on the Secretary based on the individual territory’s For miscellaneous payments to Indian tribes date of the enactment of this Act and that has commitment to timely maintenance of its capital and individuals and for necessary administra- operated at a Bureau-funded school before Sep- assets): Provided further, That any appropria- tive expenses, $60,949,000, to remain available tember 1, 1999, may continue to operate during tion for disaster assistance under this heading until expended; of which $24,870,000 shall be that period, but only if the charter school pays in this Act or previous appropriations Acts may available for implementation of enacted Indian to the Bureau a pro rata share of funds to reim- be used as non-Federal matching funds for the land and water claim settlements pursuant to burse the Bureau for the use of the real and per- purpose of hazard mitigation grants provided Public Laws 101–618 and 102–575, and for imple- sonal property (including buses and vans), the pursuant to section 404 of the Robert T. Stafford mentation of other enacted water rights settle- funds of the charter school are kept separate Disaster Relief and Emergency Assistance Act ments; of which $7,950,000 shall be available for and apart from Bureau funds, and the Bureau (42 U.S.C. 5170c). does not assume any obligation for charter future water supplies facilities under Public COMPACT OF FREE ASSOCIATION Law 106–163; of which $21,875,000 shall be avail- school programs of the State in which the school is located if the charter school loses such fund- For economic assistance and necessary ex- able pursuant to Public Laws 99–264, 100–580, penses for the Federated States of Micronesia 106–263, 106–425, 106–554, and 106–568; and of ing. Employees of Bureau-funded schools shar- ing a campus with a charter school and per- and the Republic of the Marshall Islands as which $6,254,000 shall be available for the con- provided for in sections 122, 221, 223, 232, and sent decree entered by the U.S. District Court, forming functions related to the charter school’s operation and employees of a charter school 233 of the Compact of Free Association, and for Western District of Michigan in United States v. economic assistance and necessary expenses for Michigan, Case No. 2:73 CV 26. shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States the Republic of Palau as provided for in sections INDIAN GUARANTEED LOAN PROGRAM ACCOUNT Code (commonly known as the ‘‘Federal Tort 122, 221, 223, 232, and 233 of the Compact of Free For the cost of guaranteed loans, $4,500,000, Claims Act’’). Association, $23,245,000, to remain available as authorized by the Indian Financing Act of until expended, as authorized by Public Law 99– DEPARTMENTAL OFFICES 1974, as amended: Provided, That such costs, in- 239 and Public Law 99–658. INSULAR AFFAIRS cluding the cost of modifying such loans, shall DEPARTMENTAL MANAGEMENT be as defined in section 502 of the Congressional ASSISTANCE TO TERRITORIES SALARIES AND EXPENSES Budget Act of 1974: Provided further, That these For expenses necessary for assistance to terri- funds are available to subsidize total loan prin- tories under the jurisdiction of the Department For necessary expenses for management of the cipal, any part of which is to be guaranteed, not of the Interior, $76,450,000, of which: (1) Department of the Interior, $67,541,000, of which to exceed $75,000,000. $71,922,000 shall be available until expended for not to exceed $8,500 may be for official reception In addition, for administrative expenses to technical assistance, including maintenance as- and representation expenses, and of which up to carry out the guaranteed loan programs, sistance, disaster assistance, insular manage- $1,000,000 shall be available for workers com- $486,000. ment controls, coral reef initiative activities, pensation payments and unemployment com- pensation payments associated with the orderly ADMINISTRATIVE PROVISIONS and brown tree snake control and research; closure of the United States Bureau of Mines. The Bureau of Indian Affairs may carry out grants to the judiciary in American Samoa for the operation of Indian programs by direct ex- compensation and expenses, as authorized by OFFICE OF THE SOLICITOR penditure, contracts, cooperative agreements, law (48 U.S.C. 1661(c)); grants to the Govern- SALARIES AND EXPENSES compacts and grants, either directly or in co- ment of American Samoa, in addition to current For necessary expenses of the Office of the So- operation with States and other organizations. local revenues, for construction and support of licitor, $44,074,000. Appropriations for the Bureau of Indian Af- governmental functions; grants to the Govern- OFFICE OF INSPECTOR GENERAL fairs (except the revolving fund for loans, the ment of the Virgin Islands as authorized by law; SALARIES AND EXPENSES Indian loan guarantee and insurance fund, and grants to the Government of Guam, as author- For necessary expenses of the Office of In- the Indian Guaranteed Loan Program account) ized by law; and grants to the Government of spector General, $34,302,000, of which $3,812,000 shall be available for expenses of exhibits, and the Northern Mariana Islands as authorized by shall be for procurement by contract of inde- purchase of not to exceed 229 passenger motor law (Public Law 94–241; 90 Stat. 272); and (2) pendent auditing services to audit the consoli- vehicles, of which not to exceed 187 shall be for $4,528,000 shall be available for salaries and ex- dated Department of the Interior annual finan- replacement only. penses of the Office of Insular Affairs: Provided, cial statement and the annual financial state- Notwithstanding any other provision of law, That all financial transactions of the territorial ment of the Department of the Interior bureaus no funds available to the Bureau of Indian Af- and local governments herein provided for, in- and offices funded in this Act. fairs for central office operations, pooled over- cluding such transactions of all agencies or in- head general administration (except facilities strumentalities established or used by such gov- OFFICE OF SPECIAL TRUSTEE FOR AMERICAN operations and maintenance), or provided to im- ernments, may be audited by the General Ac- INDIANS plement the recommendations of the National counting Office, at its discretion, in accordance FEDERAL TRUST PROGRAMS Academy of Public Administration’s August 1999 with chapter 35 of title 31, United States Code: For operation of trust programs for Indians by report shall be available for tribal contracts, Provided further, That Northern Mariana Is- direct expenditure, contracts, cooperative agree- grants, compacts, or cooperative agreements lands Covenant grant funding shall be provided ments, compacts, and grants, $99,224,000, to re- with the Bureau of Indian Affairs under the according to those terms of the Agreement of the main available until expended: Provided, That provisions of the Indian Self-Determination Act Special Representatives on Future United States funds for trust management improvements may or the Tribal Self-Governance Act of 1994 (Pub- Financial Assistance for the Northern Mariana be transferred, as needed, to the Bureau of In- lic Law 103–413). Islands approved by Public Law 104–134: Pro- dian Affairs ‘‘Operation of Indian Programs’’ S7702 CONGRESSIONAL RECORD — SENATE July 16, 2001

account and to the Departmental Management section are hereby designated by Congress to be SEC. 105. Appropriations available to the De- ‘‘Salaries and Expenses’’ account: Provided fur- ‘‘emergency requirements’’ pursuant to section partment of the Interior for salaries and ex- ther, That funds made available to Tribes and 251(b)(2)(A) of the Balanced Budget and Emer- penses shall be available for uniforms or allow- Tribal organizations through contracts or gency Deficit Control Act of 1985, and must be ances therefor, as authorized by law (5 U.S.C. grants obligated during fiscal year 2002, as au- replenished by a supplemental appropriation 5901–5902 and D.C. Code 4–204). thorized by the Indian Self-Determination Act which must be requested as promptly as pos- SEC. 106. Annual appropriations made in this of 1975 (25 U.S.C. 450 et seq.), shall remain sible. title shall be available for obligation in connec- available until expended by the contractor or SEC. 102. The Secretary may authorize the ex- tion with contracts issued for services or rentals grantee: Provided further, That notwith- penditure or transfer of any no year appropria- for periods not in excess of 12 months beginning standing any other provision of law, the statute tion in this title, in addition to the amounts in- at any time during the fiscal year. of limitations shall not commence to run on any cluded in the budget programs of the several SEC. 107. No funds provided in this title may claim, including any claim in litigation pending agencies, for the suppression or emergency pre- be expended by the Department of the Interior on the date of the enactment of this Act, con- vention of wildland fires on or threatening for the conduct of offshore preleasing, leasing cerning losses to or mismanagement of trust lands under the jurisdiction of the Department and related activities placed under restriction in funds, until the affected tribe or individual In- of the Interior; for the emergency rehabilitation the President’s moratorium statement of June dian has been furnished with an accounting of of burned-over lands under its jurisdiction; for 12, 1998, in the areas of northern, central, and such funds from which the beneficiary can de- emergency actions related to potential or actual southern California; the North Atlantic; Wash- termine whether there has been a loss: Provided earthquakes, floods, volcanoes, storms, or other ington and Oregon; and the eastern Gulf of further, That notwithstanding any other provi- unavoidable causes; for contingency planning Mexico south of 26 degrees north latitude and sion of law, the Secretary shall not be required subsequent to actual oil spills; for response and east of 86 degrees west longitude. to provide a quarterly statement of performance natural resource damage assessment activities SEC. 108. No funds provided in this title may for any Indian trust account that has not had related to actual oil spills; for the prevention, be expended by the Department of the Interior activity for at least 18 months and has a bal- suppression, and control of actual or potential for the conduct of offshore oil and natural gas ance of $1.00 or less: Provided further, That the grasshopper and Mormon cricket outbreaks on preleasing, leasing, and related activities, on Secretary shall issue an annual account state- lands under the jurisdiction of the Secretary, lands within the North Aleutian Basin planning ment and maintain a record of any such ac- pursuant to the authority in section 1773(b) of area. counts and shall permit the balance in each Public Law 99–198 (99 Stat. 1658); for emergency SEC. 109. No funds provided in this title may such account to be withdrawn upon the express reclamation projects under section 410 of Public be expended by the Department of the Interior written request of the account holder. Law 95–87; and shall transfer, from any no year to conduct offshore oil and natural gas INDIAN LAND CONSOLIDATION funds available to the Office of Surface Mining preleasing, leasing and related activities in the For consolidation of fractional interests in In- Reclamation and Enforcement, such funds as eastern Gulf of Mexico planning area for any dian lands and expenses associated with rede- may be necessary to permit assumption of regu- lands located outside Sale 181, as identified in termining and redistributing escheated interests latory authority in the event a primacy State is the final Outer Continental Shelf 5-Year Oil in allotted lands, and for necessary expenses to not carrying out the regulatory provisions of the and Gas Leasing Program, 1997–2002. SEC. 110. No funds provided in this title may carry out the Indian Land Consolidation Act of Surface Mining Act: Provided, That appropria- be expended by the Department of the Interior 1983, as amended, by direct expenditure or coop- tions made in this title for wildland fire oper- to conduct oil and natural gas preleasing, leas- erative agreement, $10,980,000, to remain avail- ations shall be available for the payment of obli- ing and related activities in the Mid-Atlantic able until expended and which may be trans- gations incurred during the preceding fiscal and South Atlantic planning areas. ferred to the Bureau of Indian Affairs and De- year, and for reimbursement to other Federal SEC. 111. Advance payments made under this agencies for destruction of vehicles, aircraft, or partmental Management. title to Indian tribes, tribal organizations, and other equipment in connection with their use for NATURAL RESOURCE DAMAGE ASSESSMENT AND tribal consortia pursuant to the Indian Self-De- wildland fire operations, such reimbursement to RESTORATION termination and Education Assistance Act (25 be credited to appropriations currently available NATURAL RESOURCE DAMAGE ASSESSMENT FUND U.S.C. 450 et seq.) or the Tribally Controlled at the time of receipt thereof: Provided further, Schools Act of 1988 (25 U.S.C. 2501 et seq.) may To conduct natural resource damage assess- That for wildland fire operations, no funds be invested by the Indian tribe, tribal organiza- ment activities by the Department of the Interior shall be made available under this authority tion, or consortium before such funds are ex- necessary to carry out the provisions of the until the Secretary determines that funds appro- pended for the purposes of the grant, compact, Comprehensive Environmental Response, Com- priated for ‘‘wildland fire operations’’ shall be or annual funding agreement so long as such pensation, and Liability Act, as amended (42 exhausted within thirty days: Provided further, funds are— U.S.C. 9601 et seq.), Federal Water Pollution That all funds used pursuant to this section are Control Act, as amended (33 U.S.C. 1251 et seq.), (1) invested by the Indian tribe, tribal organi- hereby designated by Congress to be ‘‘emergency zation, or consortium only in obligations of the the Oil Pollution Act of 1990 (Public Law 101– requirements’’ pursuant to section 251(b)(2)(A) 380) (33 U.S.C. 2701 et seq.), and Public Law United States, or in obligations or securities that of the Balanced Budget and Emergency Deficit are guaranteed or insured by the United States, 101–337, as amended (16 U.S.C. 19jj et seq.), Control Act of 1985, and must be replenished by $5,872,000, to remain available until expended. or mutual (or other) funds registered with the a supplemental appropriation which must be re- Securities and Exchange Commission and which ADMINISTRATIVE PROVISIONS quested as promptly as possible: Provided fur- There is hereby authorized for acquisition only invest in obligations of the United States or ther, That such replenishment funds shall be securities that are guaranteed or insured by the from available resources within the Working used to reimburse, on a pro rata basis, accounts Capital Fund, 15 aircraft, 10 of which shall be United States; or from which emergency funds were transferred. (2) deposited only into accounts that are in- for replacement and which may be obtained by SEC. 103. Appropriations made in this title sured by an agency or instrumentality of the donation, purchase or through available excess shall be available for operation of warehouses, United States, or are fully collateralized to en- surplus property: Provided, That notwith- garages, shops, and similar facilities, wherever sure protection of the funds, even in the event standing any other provision of law, existing consolidation of activities will contribute to effi- of a bank failure. aircraft being replaced may be sold, with pro- ciency or economy, and said appropriations SEC. 112. Appropriations made in this Act ceeds derived or trade-in value used to offset the shall be reimbursed for services rendered to any under the headings Bureau of Indian Affairs purchase price for the replacement aircraft: Pro- other activity in the same manner as authorized and Office of Special Trustee for American Indi- vided further, That no programs funded with by sections 1535 and 1536 of title 31, United ans and any available unobligated balances appropriated funds in the ‘‘Departmental Man- States Code: Provided, That reimbursements for from prior appropriations Acts made under the agement’’, ‘‘Office of the Solicitor’’, and ‘‘Office costs and supplies, materials, equipment, and same headings, shall be available for expendi- of Inspector General’’ may be augmented for services rendered may be credited to the ap- ture or transfer for Indian trust management through the Working Capital Fund or the Con- propriation current at the time such reimburse- activities pursuant to the Trust Management solidated Working Fund. ments are received. Improvement Project High Level Implementation GENERAL PROVISIONS, DEPARTMENT OF SEC. 104. Appropriations made to the Depart- Plan. THE INTERIOR ment of the Interior in this title shall be avail- SEC. 113. A grazing permit or lease that ex- SEC. 101. Appropriations made in this title able for services as authorized by 5 U.S.C. 3109, pires (or is transferred) during fiscal year 2002 shall be available for expenditure or transfer when authorized by the Secretary, in total shall be renewed under section 402 of the Fed- (within each bureau or office), with the ap- amount not to exceed $500,000; hire, mainte- eral Land Policy and Management Act of 1976, proval of the Secretary, for the emergency re- nance, and operation of aircraft; hire of pas- as amended (43 U.S.C. 1752) or if applicable, sec- construction, replacement, or repair of aircraft, senger motor vehicles; purchase of reprints; pay- tion 510 of the California Desert Protection Act buildings, utilities, or other facilities or equip- ment for telephone service in private residences (16 U.S.C. 410aaa–50). The terms and conditions ment damaged or destroyed by fire, flood, storm, in the field, when authorized under regulations contained in the expiring permit or lease shall or other unavoidable causes: Provided, That no approved by the Secretary; and the payment of continue in effect under the new permit or lease funds shall be made available under this au- dues, when authorized by the Secretary, for li- until such time as the Secretary of the Interior thority until funds specifically made available brary membership in societies or associations completes processing of such permit or lease in to the Department of the Interior for emer- which issue publications to members only or at compliance with all applicable laws and regula- gencies shall have been exhausted: Provided a price to members lower than to subscribers tions, at which time such permit or lease may be further, That all funds used pursuant to this who are not members. canceled, suspended or modified, in whole or in July 16, 2001 CONGRESSIONAL RECORD — SENATE S7703

part, to meet the requirements of such applica- SEC. 122. TRIBAL SCHOOL CONSTRUCTION DEM- (5) Ventilation/Fan Building. ble laws and regulations. Nothing in this section ONSTRATION PROGRAM. (a) DEFINITIONS.—In this (6) Water Storage Tanks. shall be deemed to alter the Secretary’s statu- section: (7) Mine Hoist Cage and Headframe. tory authority. (1) CONSTRUCTION.—The term ‘‘construction’’, (8) Miscellaneous Mine-related equipment. (c) DESCRIPTION OF LAND.—The land referred SEC. 114. Notwithstanding any other provision with respect to a tribally controlled school, in- of law, for the purpose of reducing the backlog cludes the construction or renovation of that to in subsection (a) is the land located in of Indian probate cases in the Department of school. Uintah County, Utah, known as the ‘‘White the Interior, the hearing requirements of chap- (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ River Oil Shale Mine’’ and described as follows: (1) T. 10 S., R 24 E., Salt Lake Meridian, sec- ter 10 of title 25, United States Code, are deemed has the meaning given that term in section 4(e) of the Indian Self-Determination and Education tions 12 through 14, 19 through 30, 33, and 34. satisfied by a proceeding conducted by an In- (2) T. 10 S., R. 25 E., Salt Lake Meridian, sec- Assistance Act (25 U.S.C. 450b(e)). dian probate judge, appointed by the Secretary tions 18 and 19. (3) SECRETARY.—The term ‘‘secretary’’ means without regard to the provisions of title 5, (d) USE OF PROCEEDS.—The proceeds of the the Secretary of the Interior. United States Code, governing the appointments sale under subsection (a)— (4) TRIBALLY CONTROLLED SCHOOL.—The term in the competitive service, for such period of (1) shall be deposited in a special account in ‘‘tribally controlled school’’ has the meaning time as the Secretary determines necessary: Pro- the Treasury of the United States; and vided, That the basic pay of an Indian probate given that term in section 5212 of the Tribally (2) shall be available until expended, without judge so appointed may be fixed by the Sec- Controlled Schools Act of 1988 (25 U.S.C. 2511). further Act of appropriation— retary without regard to the provisions of chap- (5) DEPARTMENT.—The term ‘‘Department’’ (A) first, to reimburse the Administrator for ter 51, and subchapter III of chapter 53 of title means the Department of the Interior. the direct costs of the sale; and 5, United States Code, governing the classifica- (6) DEMONSTRATION PROGRAM.—The term (B) second, to reimburse the Bureau of Land tion and pay of General Schedule employees, ex- ‘‘demonstration program’’ means the Tribal Management Utah State Office for the costs of cept that no such Indian probate judge may be School Construction Demonstration Program. closing and rehabilitating the Mine. paid at a level which exceeds the maximum rate (b) IN GENERAL.—The Secretary shall carry (e) MINE CLOSURE AND REHABILITATION.—The payable for the highest grade of the General out a demonstration program to provide grants closing and rehabilitation of the Mine (includ- Schedule, including locality pay. to Indian tribes for the construction of tribally ing closing of the mine shafts, site grading, and SEC. 115. Notwithstanding any other provision controlled schools. surface revegetation) shall be conducted in ac- of law, the Secretary of the Interior is author- (1) IN GENERAL.—Subject to the availability of cordance with— ized to redistribute any Tribal Priority Alloca- appropriations, in carrying out the demonstra- (1) the regulatory requirements of the State of tion funds, including tribal base funds, to al- tion program under subsection (b), the Secretary Utah, the Mine Safety and Health Administra- leviate tribal funding inequities by transferring shall award a grant to each Indian tribe that tion, and the Occupational Safety and Health funds to address identified, unmet needs, dual submits an application that is approved by the Administration; and enrollment, overlapping service areas or inac- Secretary under paragraph (2). The Secretary (2) other applicable law. curate distribution methodologies. No tribe shall shall ensure that an eligible Indian tribe cur- SEC. 124. The Secretary of the Interior may receive a reduction in Tribal Priority Allocation rently on the Department’s priority list for con- use or contract for the use of helicopters or funds of more than 10 percent in fiscal year structing of replacement educational facilities motor vehicles on the Sheldon and Hart Na- 2002. Under circumstances of dual enrollment, receives the highest priority for a grant under tional Wildlife Refuges for the purpose of cap- overlapping service areas or inaccurate distribu- this section. turing and transporting horses and burros. The tion methodologies, the 10 percent limitation (2) GRANT APPLICATIONS.—An application for provisions of subsection (a) of the Act of Sep- does not apply. a grant under the section shall— tember 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall (A) include a proposal for the construction of not be applicable to such use. Such use shall be SEC. 116. Funds appropriated for the Bureau a tribally controlled school of the Indian tribe of Indian Affairs for postsecondary schools for in accordance with humane procedures pre- that submits the application; and fiscal year 2002 shall be allocated among the scribed by the Secretary. (B) be in such form as the Secretary deter- SEC. 125. Upon application of the Governor of schools proportionate to the unmet need of the mines appropriate. a State, the Secretary of the Interior shall (1) schools as determined by the Postsecondary (3) GRANT AGREEMENT.—As a condition to re- transfer not to exceed 25 percent of that State’s Funding Formula adopted by the Office of In- ceiving a grant under this section, the Indian formula allocation under the heading ‘‘National dian Education Programs. tribe shall enter into an agreement with the Sec- Park Service, Land Acquisition and State As- SEC. 117. (a) The Secretary of the Interior retary that specifies— sistance’’ to increase the State’s allocation shall take such action as may be necessary to (A) the costs of construction under the grant; under the heading ‘‘United States Fish and ensure that the lands comprising the Huron (B) that the Indian tribe shall be required to Wildlife Service, State Wildlife Grants’’ or (2) Cemetery in Kansas City, Kansas (as described contribute towards the cost of the construction transfer not to exceed 25 percent of the State’s in section 123 of Public Law 106–291) are used a tribal share equal to 50 percent of the costs; formula allocation under the heading ‘‘United only in accordance with this section. and States Fish and Wildlife Service, State Wildlife (b) The lands of the Huron Cemetery shall be (C) any other term or condition that the Sec- Grants’’ to increase the State’s formula alloca- used only (1) for religious and cultural uses that retary determines to be appropriate. tion under the heading ‘‘National Park Service, are compatible with the use of the lands as a (4) ELIGIBILITY.—Grants awarded under the Land Acquisition and State Assistance’’. cemetery, and (2) as a burial ground. demonstration program shall only be for con- SEC. 126. Section 819 of Public Law 106–568 is SEC. 118. Notwithstanding any other provision struction on replacement tribally controlled hereby repealed. of law, in conveying the Twin Cities Research schools. SEC. 127. Moore’s Landing at the Cape Center under the authority provided by Public (c) EFFECT OF GRANT.—A grant received Romain National Wildlife Refuge in South Caro- Law 104–134, as amended by Public Law 104– under this section shall be in addition to any lina is hereby named for George Garris and shall 208, the Secretary may accept and retain land other funds received by an Indian tribe under hereafter be referred to in any law, document, and other forms of reimbursement: Provided, any other provision of law. The receipt of a or records of the United States as ‘‘Garris Land- That the Secretary may retain and use any such grant under this section shall not affect the eli- ing’’. reimbursement until expended and without fur- gibility of an Indian tribe receiving funding, or SEC. 128. PRELEASING, LEASING, AND RELATED ther appropriation: (1) for the benefit of the Na- the amount of funding received by the Indian ACTIVITIES. None of the funds made available by tional Wildlife Refuge System within the State tribe, under the Tribally Controlled Schools Act this Act shall be used to conduct any preleasing, of Minnesota; and (2) for all activities author- of 1988 (25 U.S.C. 2501 et seq.) or the Indian leasing, or other related activity under the Min- ized by Public Law 100–696; 16 U.S.C. 460zz. Self-Determination and Education Assistance eral Leasing Act (30 U.S.C. 181 et seq.) or the SEC. 119. Section 412(b) of the National Parks Act (25 U.S.C. 450 et seq.). Outer Continental Shelf Lands Act (43 U.S.C. Omnibus Management Act of 1998, as amended SEC. 123. WHITE RIVER OIL SHALE MINE, 1331 et seq.) within the boundary (in effect as of (16 U.S.C. 5961) is amended by striking ‘‘2001’’ UTAH. (a) SALE.—The Administrator of General January 20, 2001) of a national monument estab- and inserting ‘‘2002’’. Services (referred to in this section as the ‘‘Ad- lished under the Act of June 8, 1906 (16 U.S.C. SEC. 120. Notwithstanding other provisions of ministrator’’) shall sell all right, title, and inter- 431 et seq.), except to the extent that such a law, the National Park Service may authorize, est of the United States in and to the improve- preleasing, leasing, or other related activity is through cooperative agreement, the Golden Gate ments and equipment described in subsection (b) allowed under the Presidential proclamation es- National Parks Association to provide fee-based that are situated on the land described in sub- tablishing the monument. education, interpretive and visitor service func- section (c) (referred to in this section as the SEC. 129. (a) The National Park Service shall tions within the Crissy Field and Fort Point ‘‘Mine’’). make further evaluations of national signifi- areas of the Presidio. (b) DESCRIPTION OF IMPROVEMENTS AND cance, suitability and feasibility for the Glen- SEC. 121. Notwithstanding 31 U.S.C. 3302(b), EQUIPMENT.— The improvements and equipment wood locality and each of the twelve Special sums received by the Bureau of Land Manage- referred to in subsection (a) are the following Landscape Areas (including combinations of ment for the sale of seeds or seedlings including improvements and equipment associated with such areas) as identified by the National Park those collected in fiscal year 2001, may be cred- the Mine: Service in the course of undertaking the Special ited to the appropriation from which funds were (1) Mine Service Building. Resource Study of the Loess Hills Landform Re- expended to acquire or grow the seeds or seed- (2) Sewage Treatment Building. gion of Western Iowa. lings and are available without fiscal year limi- (3) Electrical Switchgear Building. (b) The National Park Service shall provide tation. (4) Water Treatment Building/Plant. the results of these evaluations no later than S7704 CONGRESSIONAL RECORD — SENATE July 16, 2001 January 15, 2002, to the Committees on Appro- (8) actions that prevent the development of chase of a conservation easement on the Range priations of the Senate and the House of Rep- certain Federal crude oil and natural gas re- Creek Headwaters tract in Utah: Provided, That resentatives, the Committee on Energy and Nat- sources do not lessen the energy needs of the none of the funds provided under this heading ural Resources of the Senate, and the Committee United States or of those States and counties for the acquisition of lands or interests in lands on Resources of the House of Representatives. that object to exploration and development for shall be available until the House Committee on SEC. 130. From within available funds the Na- fossil fuels; Appropriations and the Senate Committee on tional Park Service shall conduct an Environ- (9) actions to prevent the development of cer- Appropriations provide to the Secretary, in writ- mental Impact Statement on vessel entries into tain Federal crude oil and natural gas resources ing, a list of specific acquisitions to be under- such park taking into account possible impacts focus development pressure on the remaining taken with such funds: Provided further, That on whale populations: Provided, That none of areas of Federal crude oil and natural gas re- notwithstanding any other provision of law, of the funds available under this Act shall be used sources, such as onshore and offshore Alaska, the funds provided under this heading, to reduce or increase the number of permits and certain onshore areas in the western United $5,000,000 shall be made available to Kake Tribal vessel entries into the park below or above the States, and the central Gulf of Mexico off the Corporation as an advanced direct lump sum levels established by the National Park Service coasts of Alabama, Alaska, Louisiana, Mis- payment to implement the Kake Tribal Corpora- effective for the 2001 season until the Environ- sissippi, and Texas; tion Land Transfer Act (Public Law 106–283). mental Impact Statement required by law is (10) the development of Federal crude oil and completed notwithstanding any other provision natural gas resources is accompanied by adverse NATIONAL FOREST SYSTEM of law: Provided further, That nothing in this effects on the infrastructure services, public For necessary expenses of the Forest Service, section shall preclude the Secretary from adjust- services, and the environment of States, coun- not otherwise provided for, for management, ing the number of permits or vessel entries if the ties, and local communities that host the devel- protection, improvement, and utilization of the Secretary determines that it is necessary to pro- opment of those Federal resources; National Forest System, $1,324,491,000, to remain tect park resources. (11) States, counties, and local communities do available until expended, which shall include 50 SEC. 131. No funds contained in this Act shall not have the power to tax adequately the devel- percent of all moneys received during prior fis- be used to approve the transfer of lands on opment of Federal crude oil and natural gas re- cal years as fees collected under the Land and South Fox Island, Michigan until Congress has sources, particularly when those development Water Conservation Fund Act of 1965, as authorized such transfer. activities occur off the coastline of States that amended, in accordance with section 4 of the SEC. 132. (a) FINDINGS.—Congress makes the serve as platforms for that development, such as following findings: Alabama, Alaska, Louisiana, Mississippi, and Act (16 U.S.C. 460l–6a(i)): Provided, That unob- (1) The land described in subsection (b) is— Texas; ligated balances available at the start of fiscal (A) the site of cultural, ceremonial, spiritual, (12) the Mineral Leasing Act (30 U.S.C. 181 et year 2002 shall be displayed by extended budget archaeological, and traditional gathering sites seq.), which governs the development of Federal line item in the fiscal year 2003 budget justifica- of significance to the Pechanga Band of crude oil and natural gas resources located on- tion: Provided further, That of the amount Luiseno Mission Indians; shore, provides, outside the budget and appro- available for vegetation and watershed manage- (B) the site of what is considered to be the priations processes of the Federal Government, ment, the Secretary may authorize the expendi- oldest living coastal live oak; and ture or transfer of such sums as necessary to the (C) the site of the historic Erle Stanley Gard- payments to States in which Federal crude oil and natural gas resources are located in the Department of the Interior, Bureau of Land ner Ranch. Management for removal, preparation, and (2) Based on the finding described in para- amount of 50 percent of the direct revenues re- adoption of excess wild horses and burros from graph (1), local and county officials have ex- ceived from the Federal Government for those National Forest System lands: Provided further, pressed their support for the efforts of the resources; and That of the funds provided under this heading Pechanga Band of Luiseno Mission Indians to (13) there is no permanent provision in the for Forest Products, $5,000,000 shall be allocated have the land described in subsection (b) held in Outer Continental Shelf Lands Act (43 U.S.C. to the Alaska Region, in addition to its normal trust by the United States for purposes of pres- 1331 et seq.), which governs the development of allocation for the purposes of preparing addi- ervation. Federal crude oil and natural gas resources lo- (b) DECLARATION OF LAND HELD IN TRUST.— cated offshore, that authorizes the sharing of a tional timber for sale, to establish a 3-year tim- Notwithstanding any other provision of law, the portion of the annual revenues generated from ber supply and such funds may be transferred to land held in fee by the Pechanga Band of Federal offshore crude oil and natural gas re- other appropriations accounts as necessary to Luiseno Mission Indians, as described in Docu- sources with adjacent coastal States that— maximize accomplishment: Provided further, ment No. 211130 of the Riverside County, Cali- (A) serve as the platform for that develop- That of the funds provided for Wildlife and Fish fornia Office of the Recorder and recorded on ment; and Habitat Management, $600,000 shall be provided May 15, 2001, located within the boundaries of (B) suffer adverse effects on the environment to the State of Alaska for wildlife monitoring ac- the county of Riverside within the State of Cali- and infrastructure of the States. tivities. (b) SENSE OF CONGRESS.—It is the sense of fornia, is hereby declared to be held by the WILDLAND FIRE MANAGEMENT United States in trust for the benefit of the Congress that Congress should provide a signifi- Pechanga Band of Luiseno Mission Indians and cant portion of the Federal offshore mineral rev- For necessary expenses for forest fire shall be part of the Pechanga Indian Reserva- enues to coastal States that permit the develop- presuppression activities on National Forest tion. ment of Federal mineral resources off the coast- System lands, for emergency fire suppression on SEC. 133. SENSE OF CONGRESS CONCERNING line, including the States of Alabama, Alaska, or adjacent to such lands or other lands under COASTAL IMPACT ASSISTANCE. (a) FINDINGS.— Louisiana, Mississippi, and Texas. fire protection agreement, and for emergency re- Congress finds that— TITLE II—RELATED AGENCIES habilitation of burned-over National Forest Sys- (1) the United States continues to be reliant DEPARTMENT OF AGRICULTURE tem lands and water, $1,115,594,000, to remain on fossil fuels (including crude oil and natural available until expended: Provided, That such FOREST SERVICE gas) as a source of most of the energy consumed funds including unobligated balances under this in the country; FOREST AND RANGELAND RESEARCH head, are available for repayment of advances (2) this reliance is likely to continue for the For necessary expenses of forest and range- from other appropriations accounts previously foreseeable future; land research as authorized by law, $242,822,000, transferred for such purposes: Provided further, (3) about 65 percent of the energy needs of the to remain available until expended. That not less than 50 percent of any unobli- United States are supplied by oil and natural STATE AND PRIVATE FORESTRY gated balances remaining (exclusive of amounts gas; for hazardous fuels reduction) at the end of fis- (4) the United States is becoming increasingly For necessary expenses of cooperating with cal year 2001 shall be transferred, as repayment reliant on clean-burning natural gas for elec- and providing technical and financial assist- for past advances that have not been repaid, to tricity generation, home heating and air condi- ance to States, territories, possessions, and oth- the fund established pursuant to section 3 of tioning, agricultural needs, and essential chem- ers, and for forest health management, coopera- Public Law 71–319 (16 U.S.C. 576 et seq.): Pro- ical processes; tive forestry, and education and land conserva- (5) a large portion of the remaining crude oil tion activities and conducting an international vided further, That notwithstanding any other and natural gas resources of the country are on program as authorized, $287,331,000, to remain provision of law, $4,000,000 of funds appro- Federal land located in the western United available until expended, as authorized by law, priated under this appropriation shall be used States, in Alaska, and off the coastline of the of which $101,000,000 is for Forest Legacy and for Fire Science Research in support of the Joint United States; Urban and Community Forestry, defined in sec- Fire Science Program: Provided further, That (6) the Gulf of Mexico has proven to be a sig- tion 250(c)(4)(E)(ix) of the Balanced Budget and all authorities for the use of funds, including nificant source of oil and natural gas and is Emergency Deficit Control Act of 1985, as the use of contracts, grants, and cooperative predicted to remain a significant source in the amended, for the purposes of such Act, of which agreements, available to execute the Forest and immediate future; $1,000,000 shall be available for the Tumble- Rangeland Research appropriation, are also (7) many States and counties oppose the de- down/Mount Blue conservation project, Maine, available in the utilization of these funds for velopment of Federal crude oil and natural gas and of which $4,000,000 shall be for the pur- Fire Science Research: Provided further, That resources within or near the coastline, which chase of a conservation easement on the Con- funds provided shall be available for emergency opposition results in congressional, Executive, necticut Lakes Tract, located in northern New rehabilitation and restoration, hazard reduction State, or local policies to prevent the develop- Hampshire and owned by International Paper activities in the urban-wildland interface, sup- ment of those resources; Co., and of which $500,000 shall be for the pur- port to federal emergency response, and wildfire July 16, 2001 CONGRESSIONAL RECORD — SENATE S7705 suppression activities of the Forest Service: Pro- ment procurement and contracting laws, in main available until expended: Provided fur- vided further, That the Forest Service shall ex- order to provide employment and training op- ther, That up to $15,000,000 of the funds pro- pend not less than $125,000,000 of funds pro- portunities to people in rural communities, the vided herein for road maintenance shall be vided under this heading for hazardous fuels re- Secretaries may award contracts, including con- available for the decommissioning of roads, in- duction activities for alleviating immediate tracts for monitoring activities, to— cluding unauthorized roads not part of the emergency threats to urban wildland interface (A) local private, nonprofit, or cooperative en- transportation system, which are no longer areas as defined by the Secretary of Agriculture: tities; needed: Provided further, That no funds shall Provided further, That amounts under this (B) Youth Conservation Corps crews or re- be expended to decommission any system road heading may be transferred as specified in the lated partnerships, with State, local and non- until notice and an opportunity for public com- report accompanying this Act to the ‘‘State and profit youth groups; ment has been provided on each decommis- Private Forestry’’, ‘‘National Forest System’’, (C) small or micro-businesses; or sioning project: Provided further, That the For- ‘‘Forest and Rangeland Research’’, and ‘‘Cap- (D) other entities that will hire or train a sig- est Service shall transfer $300,000, appropriated ital Improvement and Maintenance’’ accounts nificant percentage of local people to complete in Public Law 106–291 within the Capital Im- to fund state fire assistance, volunteer fire as- such contracts. The authorities described above provement and Maintenance appropriation, to sistance, and forest health management, vegeta- relating to contracts, grants, and cooperative the State and Private Forestry appropriation, tion and watershed management, heritage site agreements are available until all funds pro- and shall provide these funds in an advance di- rehabilitation, wildlife and fish habitat manage- vided in this title for hazardous fuels reduction rect lump sum payment to Purdue University for ment, trails and facilities maintenance and res- activities in the urban wildland interface are planning and construction of a hardwood tree toration: Provided further, That transfers of obligated. improvement and generation facility. any amounts in excess of those specified shall (2)(A) The Secretary of Agriculture may trans- LAND ACQUISITION require approval of the House and Senate Com- fer or reimburse funds to the United States Fish For expenses necessary to carry out the provi- mittees on Appropriations in compliance with and Wildlife Service of the Department of the sions of the Land and Water Conservation Fund reprogramming procedures contained in House Interior, or the National Marine Fisheries Serv- Act of 1965, as amended (16 U.S.C. 460l–4 Report No. 105–163: Provided further, That the ice of the Department of Commerce, for the costs through 11), including administrative expenses, costs of implementing any cooperative agree- of carrying out their responsibilities under the and for acquisition of land or waters, or interest ment between the Federal government and any Endangered Species Act of 1973 (16 U.S.C. 1531 non-Federal entity may be shared, as mutually therein, in accordance with statutory authority et seq.) to consult and conference as required by applicable to the Forest Service, $128,877,000 to agreed on by the affected parties: Provided fur- section 7 of such Act in connection with ther, That in entering into such grants or coop- be derived from the Land and Water Conserva- wildland fire management activities in fiscal tion Fund, to remain available until expended, erative agreements, the Secretary may consider years 2001 and 2002. the enhancement of local and small business em- and to be for the conservation activities defined (B) Only those funds appropriated for fiscal in section 250(c)(4)(E)(iv) of the Balanced Budg- ployment opportunities for rural communities, years 2001 and 2002 to Forest Service (USDA) for and that in entering into procurement contracts et and Emergency Deficit Control Act of 1985, as wildland fire management are available to the amended, for the purposes of such Act. under this section on a best value basis, the Sec- Secretary of Agriculture for such transfer or re- retary may take into account the ability of an imbursement. ACQUISITION OF LANDS FOR NATIONAL FORESTS entity to enhance local and small business em- (C) The amount of the transfer or reimburse- SPECIAL ACTS ployment opportunities in rural communities, ment shall be as mutually agreed by the Sec- For acquisition of lands within the exterior and that the Secretary may award procurement retary of Agriculture and the Secretary of the boundaries of the Cache, Uinta, and Wasatch contracts, grants, or cooperative agreements Interior or Secretary of Commerce, as applica- National Forests, Utah; the Toiyabe National under this section to entities that include local ble, or their designees. The amount shall in no Forest, Nevada; and the Angeles, San non-profit entities, Youth Conservation Corps or case exceed the actual costs of consultation and Bernardino, Sequoia, and Cleveland National related partnerships with State, local or non- conferencing in connection with wildland fire Forests, California, as authorized by law, profit youth groups, or small or disadvantaged management activities affecting National Forest $1,069,000, to be derived from forest receipts. businesses: Provided further, That in addition System lands. ACQUISITION OF LANDS TO COMPLETE LAND to funds provided for State Fire Assistance pro- For an additional amount to cover necessary EXCHANGES grams, and subject to all authorities available to expenses for emergency rehabilitation, wildfire For acquisition of lands, such sums, to be de- the Forest Service under the State and Private suppression and other fire operations of the For- rived from funds deposited by State, county, or Forestry Appropriation, up to $15,000,000 may be est Service, $165,000,000, to remain available municipal governments, public school districts, used on adjacent non-Federal lands for the pur- until expended, of which $100,000,000 is for or other public school authorities pursuant to pose of protecting communities when hazard re- emergency rehabilitation and wildfire suppres- the Act of December 4, 1967, as amended (16 duction activities are planned on national forest sion, and $65,000,000 is for other fire operations: U.S.C. 484a), to remain available until ex- lands that have the potential to place such com- Provided, That the entire amount appropriated pended. munities at risk: Provided further, That the For- in this paragraph is designated by the Congress est Service shall analyze the impact of restric- RANGE BETTERMENT FUND as an emergency requirement pursuant to sec- tions on mechanical fuel treatments and forest For necessary expenses of range rehabilita- tion 251(b)(2)(A) of the Balanced Budget and access in the upcoming Chugach National For- tion, protection, and improvement, 50 percent of Emergency Deficit Control Act of 1985, as est Land and Resource Management Plan, on all moneys received during the prior fiscal year, amended: Provided further, That these funds the level of prescribed burning on the Chugach as fees for grazing domestic livestock on lands in shall be available only to the extent an official National Forest, and on the implementation of National Forests in the 16 Western States, pur- budget request for a specific dollar amount, that the National Fire Plan: Provided further, That suant to section 401(b)(1) of Public Law 94–579, includes designation of the entire amount of the this analysis shall be completed before the re- as amended, to remain available until expended, request as an emergency requirement as defined lease of the Chugach Forest Plan and shall be of which not to exceed 6 percent shall be avail- in the Balanced Budget and Emergency Deficit included in the plan: Provided further, That in- able for administrative expenses associated with Control Act of 1985, as amended, is transmitted cluded in funding for hazardous fuel reduction on-the-ground range rehabilitation, protection, by the President to the Congress. and improvements. is $5,000,000 for implementing the Community For an additional amount, to liquidate obliga- Forest Restoration Act, Public Law 106–393, title tions previously incurred, $274,147,000. GIFTS, DONATIONS AND BEQUESTS FOR FOREST VI, and any portion of such funds shall be AND RANGELAND RESEARCH CAPITAL IMPROVEMENT AND MAINTENANCE available for use on non-Federal lands in ac- For expenses authorized by 16 U.S.C. 1643(b), For necessary expenses of the Forest Service, cordance with authorities available to the For- $92,000, to remain available until expended, to not otherwise provided for, $541,286,000, to re- est Service under the State and Private Forestry be derived from the fund established pursuant to main available until expended for construction, Appropriation: Provided further, That of the the above Act. amounts provided under this heading $2,838,000 reconstruction, maintenance and acquisition of is for the Ecological Restoration Institute, of buildings and other facilities, and for construc- MANAGEMENT OF NATIONAL FOREST LANDS FOR which $338,000 is for ongoing activities on Mt. tion, reconstruction, repair and maintenance of SUBSISTENCE USES Trumbull: Provided further, That: forest roads and trails by the Forest Service as For necessary expenses of the Forest Service (1) In expending the funds provided with re- authorized by 16 U.S.C. 532–538 and 23 U.S.C. to manage federal lands in Alaska for subsist- spect to this Act for hazardous fuels reduction, 101 and 205, of which, $244,000 is to be provided ence uses under title VIII of the Alaska Na- the Secretary of the Interior and the Secretary for the design of historic office renovations of tional Interest Lands Conservation Act (Public of Agriculture may conduct fuel reduction treat- the Bearlodge Ranger District Work Center (Old Law 96–487), $5,488,000, to remain available ments on Federal lands using all contracting Stoney) in Sundance, Wyoming, and of which until expended. and hiring authorities available to the Secre- $61,000,000 is for conservation activities defined ADMINISTRATIVE PROVISIONS, FOREST SERVICE taries applicable to hazardous fuel reduction ac- in section 250(c)(4)(E) of the Balanced Budget Appropriations to the Forest Service for the tivities under the wildland fire management ac- and Emergency Deficit Control Act of 1985, as current fiscal year shall be available for: (1) counts. Notwithstanding Federal government amended, for the purposes of such Act: Pro- purchase of not to exceed 132 passenger motor procurement and contracting laws, the Secre- vided, That fiscal year 2001 balances in the Fed- vehicles of which eight will be used primarily for taries may conduct fuel reduction treatments on eral Infrastructure Improvement account for the law enforcement purposes and of which 130 Federal lands using grants and cooperative Forest Service shall be transferred to and shall be for replacement; acquisition of 25 pas- agreements. Notwithstanding Federal govern- merged with this appropriation and shall re- senger motor vehicles from excess sources, and S7706 CONGRESSIONAL RECORD — SENATE July 16, 2001 hire of such vehicles; operation and mainte- Forest Service, up to $2,250,000 may be advanced vate gifts of money and real or personal prop- nance of aircraft, the purchase of not to exceed in a lump sum as Federal financial assistance to erty for the benefit of, or in connection with, seven for replacement only, and acquisition of the National Forest Foundation, without regard the activities and services at the Grey Towers sufficient aircraft from excess sources to main- to when the Foundation incurs expenses, for ad- National Historic Landmark: Provided further, tain the operable fleet at 195 aircraft for use in ministrative expenses or projects on or benefit- That such gifts may be accepted notwith- Forest Service wildland fire programs and other ting National Forest System lands or related to standing the fact that a donor conducts busi- Forest Service programs; notwithstanding other Forest Service programs: Provided, That of the ness with the Department of Agriculture in any provisions of law, existing aircraft being re- Federal funds made available to the Founda- capacity. placed may be sold, with proceeds derived or tion, no more than $400,000 shall be available for Funds appropriated to the Forest Service shall trade-in value used to offset the purchase price administrative expenses: Provided further, That be available, as determined by the Secretary, for for the replacement aircraft; (2) services pursu- the Foundation shall obtain, by the end of the payments to Del Norte County, California, pur- ant to 7 U.S.C. 2225, and not to exceed $100,000 period of Federal financial assistance, private suant to sections 13(e) and 14 of the Smith River for employment under 5 U.S.C. 3109; (3) pur- contributions to match on at least one-for-one National Recreation Area Act (Public Law 101– chase, erection, and alteration of buildings and basis funds made available by the Forest Serv- 612). other public improvements (7 U.S.C. 2250); (4) ice: Provided further, That the Foundation may Notwithstanding any other provision of law, acquisition of land, waters, and interests there- transfer Federal funds to a non-Federal recipi- any appropriations or funds available to the in, including the Oscoda-Wurtsmith land ex- ent for a project at the same rate that the recipi- Forest Service not to exceed $500,000 may be change in Michigan, pursuant to 7 U.S.C. 428a; ent has obtained the non-Federal matching used to reimburse the Office of the General (5) for expenses pursuant to the Volunteers in funds: Provided further, That hereafter, the Na- Counsel (OGC), Department of Agriculture, for the National Forest Act of 1972 (16 U.S.C. 558a, tional Forest Foundation may hold Federal travel and related expenses incurred as a result 558d, and 558a note); (6) the cost of uniforms as funds made available but not immediately dis- of OGC assistance or participation requested by authorized by 5 U.S.C. 5901–5902; and (7) for bursed and may use any interest or other invest- the Forest Service at meetings, training sessions, debt collection contracts in accordance with 31 ment income earned (before, on, or after the management reviews, land purchase negotia- U.S.C. 3718(c). date of the enactment of this Act) on Federal tions and similar non-litigation related matters. None of the funds made available under this funds to carry out the purposes of Public Law Future budget justifications for both the Forest Act shall be obligated or expended to abolish 101–593: Provided further, That such invest- Service and the Department of Agriculture any region, to move or close any regional office ments may be made only in interest-bearing obli- should clearly display the sums previously for National Forest System administration of the gations of the United States or in obligations transferred and the requested funding transfers. Forest Service, Department of Agriculture with- guaranteed as to both principal and interest by The Forest Service shall fund indirect ex- out the consent of the House and Senate Com- the United States. penses, that is expenses not directly related to mittees on Appropriations. Pursuant to section 2(b)(2) of Public Law 98– specific programs or to the accomplishment of Any appropriations or funds available to the 244, up to $2,650,000 of the funds available to the specific work on-the-ground, from any funds Forest Service may be transferred to the Forest Service shall be available for matching available to the Forest Service: Provided, That Wildland Fire Management appropriation for funds to the National Fish and Wildlife Foun- the Forest Service shall implement and adhere to forest firefighting, emergency rehabilitation of dation, as authorized by 16 U.S.C. 3701–3709, the definitions of indirect expenditures estab- burned-over or damaged lands or waters under and may be advanced in a lump sum as Federal lished pursuant to Public Law 105–277 on a na- its jurisdiction, and fire preparedness due to se- financial assistance, without regard to when ex- tionwide basis without flexibility for modifica- vere burning conditions if and only if all pre- penses are incurred, for projects on or benefit- tion by any organizational level except the viously appropriated emergency contingent ting National Forest System lands or related to Washington Office, and when changed by the funds under the heading ‘‘Wildland Fire Man- Forest Service programs: Provided, That the Washington Office, such changes in definition agement’’ have been released by the President Foundation shall obtain, by the end of the pe- shall be reported in budget requests submitted and apportioned. riod of Federal financial assistance, private con- by the Forest Service: Provided further, That Funds appropriated to the Forest Service shall tributions to match on at least one-for-one basis the Forest Service shall provide in all future be available for assistance to or through the budget justifications, planned indirect expendi- funds advanced by the Forest Service: Provided Agency for International Development and the tures in accordance with the definitions, sum- further, That the Foundation may transfer Fed- Foreign Agricultural Service in connection with marized and displayed to the Regional, Station, eral funds to a non-Federal recipient for a forest and rangeland research, technical infor- Area, and detached unit office level. The jus- project at the same rate that the recipient has mation, and assistance in foreign countries, and tification shall display the estimated source and obtained the non-Federal matching funds. shall be available to support forestry and re- Funds appropriated to the Forest Service shall amount of indirect expenditures, by expanded lated natural resource activities outside the be available for interactions with and providing budget line item, of funds in the agency’s an- United States and its territories and possessions, technical assistance to rural communities for nual budget justification. The display shall in- including technical assistance, education and clude appropriated funds and the Knutson-Van- sustainable rural development purposes. training, and cooperation with United States Notwithstanding any other provision of law, denberg, Brush Disposal, Cooperative Work- and international organizations. 80 percent of the funds appropriated to the For- Other, and Salvage Sale funds. Changes be- None of the funds made available to the For- est Service in the ‘‘National Forest System’’ and tween estimated and actual indirect expendi- est Service under this Act shall be subject to ‘‘Capital Improvement and Maintenance’’ ac- tures shall be reported in subsequent budget jus- transfer under the provisions of section 702(b) of counts and planned to be allocated to activities tifications: Provided, That during fiscal year the Department of Agriculture Organic Act of under the ‘‘Jobs in the Woods’’ program for 2002 the Secretary shall limit total annual indi- 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the projects on National Forest land in the State of rect obligations from the Brush Disposal, proposed transfer is approved in advance by the Knutson-Vandenberg, Reforestation, Salvage Washington may be granted directly to the House and Senate Committees on Appropria- Sale, and Roads and Trails funds to 20 percent Washington State Department of Fish and Wild- tions in compliance with the reprogramming of the total obligations from each fund. Obliga- life for accomplishment of planned projects. procedures contained in House Report No. 105– tions in excess of 20 percent which would other- Twenty percent of said funds shall be retained 163. wise be charged to the above funds may be by the Forest Service for planning and admin- None of the funds available to the Forest charged to appropriated funds available to the istering projects. Project selection and Service may be reprogrammed without the ad- Forest Service subject to notification of the Com- prioritization shall be accomplished by the For- vance approval of the House and Senate Com- mittees on Appropriations of the House and Sen- est Service with such consultation with the mittees on Appropriations in accordance with ate. the procedures contained in House Report No. State of Washington as the Forest Service deems Any appropriations or funds available to the 105–163. appropriate. Forest Service may be used for necessary ex- Funds appropriated to the Forest Service shall No funds appropriated to the Forest Service penses in the event of law enforcement emer- be available for payments to counties within the shall be transferred to the Working Capital gencies as necessary to protect natural resources Columbia River Gorge National Scenic Area, Fund of the Department of Agriculture without and public or employee safety: Provided, That pursuant to sections 14(c)(1) and (2), and sec- the approval of the Chief of the Forest Service. such amounts shall not exceed $750,000. Funds available to the Forest Service shall be tion 16(a)(2) of Public Law 99–663. The Secretary of Agriculture may authorize The Secretary of Agriculture is authorized to available to conduct a program of not less than the sale of excess buildings, facilities, and other enter into grants, contracts, and cooperative $2,000,000 for high priority projects within the properties owned by the Forest Service and lo- agreements as appropriate with the Pinchot In- scope of the approved budget which shall be cated on the Green Mountain National Forest, stitute for Conservation, as well as with public carried out by the Youth Conservation Corps, the revenues of which shall be retained by the and other private agencies, organizations, insti- defined in section 250(c)(4)(E)(xii) of the Bal- Forest Service and available to the Secretary tutions, and individuals, to provide for the de- anced Budget and Emergency Deficit Control without further appropriation and until ex- velopment, administration, maintenance, or res- Act of 1985, as amended, for the purposes of pended for maintenance and rehabilitation ac- toration of land, facilities, or Forest Service pro- such Act. tivities on the Green Mountain National Forest. Of the funds available to the Forest Service, grams, at the Grey Towers National Historic $2,500 is available to the Chief of the Forest Landmark: Provided, That, subject to such DEPARTMENT OF ENERGY Service for official reception and representation terms and conditions as the Secretary of Agri- FOSSIL ENERGY RESEARCH AND DEVELOPMENT expenses. culture may prescribe, any such public or pri- (INCLUDING TRANSFERS OF FUNDS) Pursuant to sections 405(b) and 410(b) of Pub- vate agency, organization, institution, or indi- For necessary expenses in carrying out fossil lic Law 101–593, of the funds available to the vidual may solicit, accept, and administer pri- energy research and development activities, July 16, 2001 CONGRESSIONAL RECORD — SENATE S7707

under the authority of the Department of En- ENERGY CONSERVATION tributions from public and private sources, to be ergy Organization Act (Public Law 95–91), in- For necessary expenses in carrying out energy deposited in a contributed funds account, and cluding the acquisition of interest, including de- conservation activities, $870,805,000, to remain prosecute projects using such fees and contribu- feasible and equitable interests in any real prop- available until expended: Provided, That tions in cooperation with other Federal, State or erty or any facility or for plant or facility acqui- $251,000,000 shall be for use in energy conserva- private agencies or concerns. sition or expansion, and for conducting inquir- tion grant programs as defined in section 3008(3) DEPARTMENT OF HEALTH AND HUMAN ies, technological investigations and research of Public Law 99–509 (15 U.S.C. 4507): Provided SERVICES concerning the extraction, processing, use, and further, That notwithstanding section 3003(d)(2) INDIAN HEALTH SERVICE disposal of mineral substances without objec- of Public Law 99–509, such sums shall be allo- INDIAN HEALTH SERVICES tionable social and environmental costs (30 cated to the eligible programs as follows: For expenses necessary to carry out the Act of U.S.C. 3, 1602, and 1603), $604,090,000, to remain $213,000,000 for weatherization assistance grants August 5, 1954 (68 Stat. 674), the Indian Self-De- available until expended, of which $11,000,000 is and $38,000,000 for State energy conservation termination Act, the Indian Health Care Im- to begin construction, renovation, acquisition of grants. provement Act, and titles II and III of the Pub- furnishings, and demolition or removal of build- ECONOMIC REGULATION lic Health Service Act with respect to the Indian ings at National Energy Technology Laboratory For necessary expenses in carrying out the ac- Health Service, $2,388,614,000, together with facilities in Morgantown, West Virginia and tivities of the Office of Hearings and Appeals, payments received during the fiscal year pursu- Pittsburgh, Pennsylvania, and of which $1,996,000, to remain available until expended. ant to 42 U.S.C. 238(b) for services furnished by $33,700,000 shall be derived by transfer from STRATEGIC PETROLEUM RESERVE the Indian Health Service: Provided, That funds funds appropriated in prior years under the For necessary expenses for Strategic Petro- made available to tribes and tribal organizations heading ‘‘Clean Coal Technology’’, and of leum Reserve facility development and oper- through contracts, grant agreements, or any which $150,000,000 is to be made available, after ations and program management activities pur- other agreements or compacts authorized by the coordination with the private sector, for a re- suant to the Energy Policy and Conservation Indian Self-Determination and Education As- quest for proposals for a Clean Coal Power Ini- Act of 1975, as amended (42 U.S.C. 6201 et seq.), sistance Act of 1975 (25 U.S.C. 450), shall be tiative providing for competitively-awarded $169,009,000, to remain available until expended, deemed to be obligated at the time of the grant demonstrations of commercial scale technologies of which $8,000,000 shall be available for mainte- or contract award and thereafter shall remain to reduce the barriers to continued and ex- nance of a Northeast Home Heating Oil Reserve. available to the tribe or tribal organization panded coal use: Provided, That the request for without fiscal year limitation: Provided further, proposals shall be issued no later than one hun- ENERGY INFORMATION ADMINISTRATION That $15,000,000 shall remain available until ex- dred and twenty days following enactment of For necessary expenses in carrying out the ac- pended, for the Indian Catastrophic Health this Act, proposals shall be submitted no later tivities of the Energy Information Administra- Emergency Fund: Provided further, That than ninety days after the issuance of the re- tion, $75,499,000, to remain available until ex- $430,776,000 for contract medical care shall re- quest for proposals, and the Department of En- pended. main available for obligation until September 30, ergy shall make project selections no later than ADMINISTRATIVE PROVISIONS, DEPARTMENT OF 2003: Provided further, That of the funds pro- one hundred and sixty days after the receipt of ENERGY vided, up to $22,000,000 shall be used to carry proposals: Provided further, That funds shall be Appropriations under this Act for the current out the loan repayment program under section expended in accordance with the provisions gov- fiscal year shall be available for hire of pas- 108 of the Indian Health Care Improvement Act: erning the use of funds contained under the senger motor vehicles; hire, maintenance, and Provided further, That funds provided in this heading ‘‘Clean Coal Technology’’ in prior ap- operation of aircraft; purchase, repair, and Act may be used for one-year contracts and propriations: Provided further, That the De- cleaning of uniforms; and reimbursement to the grants which are to be performed in two fiscal partment may include provisions for repayment General Services Administration for security years, so long as the total obligation is recorded of Government contributions to individual guard services. in the year for which the funds are appro- projects in an amount up to the Government From appropriations under this Act, transfers priated: Provided further, That the amounts col- contribution to the project on terms and condi- of sums may be made to other agencies of the lected by the Secretary of Health and Human tions that are acceptable to the Department in- Government for the performance of work for Services under the authority of title IV of the cluding repayments from sale and licensing of which the appropriation is made. Indian Health Care Improvement Act shall re- technologies from both domestic and foreign None of the funds made available to the De- main available until expended for the purpose of transactions: Provided further, That such re- partment of Energy under this Act shall be used achieving compliance with the applicable condi- payments shall be retained by the Department to implement or finance authorized price sup- tions and requirements of titles XVIII and XIX for future coal-related research, development port or loan guarantee programs unless specific of the Social Security Act (exclusive of plan- and demonstration projects: Provided further, provision is made for such programs in an ap- ning, design, or construction of new facilities): That any technology selected under this pro- propriations Act. Provided further, That funding contained here- gram shall be considered a Clean Coal Tech- The Secretary is authorized to accept lands, in, and in any earlier appropriations Acts for nology, and any project selected under this pro- buildings, equipment, and other contributions scholarship programs under the Indian Health gram shall be considered a Clean Coal Tech- from public and private sources and to prosecute Care Improvement Act (25 U.S.C. 1613) shall re- nology Project, for the purposes of 42 U.S.C. projects in cooperation with other agencies, main available for obligation until September 30, § 7651n, and Chapters 51, 52, and 60 of title 40 of Federal, State, private or foreign: Provided, 2003: Provided further, That amounts received the Code of Federal Regulations: Provided fur- That revenues and other moneys received by or by tribes and tribal organizations under title IV ther, That no part of the sum herein made for the account of the Department of Energy or of the Indian Health Care Improvement Act available shall be used for the field testing of otherwise generated by sale of products in con- shall be reported and accounted for and avail- nuclear explosives in the recovery of oil and gas: nection with projects of the Department appro- able to the receiving tribes and tribal organiza- Provided further, That up to 4 percent of pro- priated under this Act may be retained by the tions until expended: Provided further, That, gram direction funds available to the National Secretary of Energy, to be available until ex- notwithstanding any other provision of law, of Energy Technology Laboratory may be used to pended, and used only for plant construction, the amounts provided herein, not to exceed support Department of Energy activities not in- operation, costs, and payments to cost-sharing $288,234,000 shall be for payments to tribes and cluded in this account. entities as provided in appropriate cost-sharing tribal organizations for contract or grant sup- ALTERNATIVE FUELS PRODUCTION contracts or agreements: Provided further, That the remainder of revenues after the making of port costs associated with contracts, grants, (RESCISSION) such payments shall be covered into the Treas- self-governance compacts or annual funding Of the unobligated balances under this head- ury as miscellaneous receipts: Provided further, agreements between the Indian Health Service ing, $2,000,000 are rescinded. That any contract, agreement, or provision and a tribe or tribal organization pursuant to NAVAL PETROLEUM AND OIL SHALE RESERVES thereof entered into by the Secretary pursuant the Indian Self-Determination Act of 1975, as For expenses necessary to carry out naval pe- to this authority shall not be executed prior to amended, prior to or during fiscal year 2002, of troleum and oil shale reserve activities, the expiration of 30 calendar days (not includ- which up to $40,000,000 may be used for such $17,371,000, to remain available until expended: ing any day in which either House of Congress costs associated with the Navajo Nation’s new Provided, That, notwithstanding any other pro- is not in session because of adjournment of more and expanded contracts, grants, self-governance vision of law, unobligated funds remaining from than three calendar days to a day certain) from compacts or annual funding agreements: Pro- prior years shall be available for all naval petro- the receipt by the Speaker of the House of Rep- vided further, That funds available for the In- leum and oil shale reserve activities. resentatives and the President of the Senate of dian Health Care Improvement Fund may be ELK HILLS SCHOOL LANDS FUND a full comprehensive report on such project, in- used, as needed, to carry out activities typically For necessary expenses in fulfilling install- cluding the facts and circumstances relied upon funded under the Indian Health Facilities ac- ment payments under the Settlement Agreement in support of the proposed project. count. entered into by the United States and the State No funds provided in this Act may be ex- INDIAN HEALTH FACILITIES of California on October 11, 1996, as authorized pended by the Department of Energy to prepare, For construction, repair, maintenance, im- by section 3415 of Public Law 104–106, issue, or process procurement documents for pro- provement, and equipment of health and related $36,000,000, to become available on October 1, grams or projects for which appropriations have auxiliary facilities, including quarters for per- 2002 for payment to the State of California for not been made. sonnel; preparation of plans, specifications, and the State Teachers’ Retirement Fund from the In addition to other authorities set forth in drawings; acquisition of sites, purchase and Elk Hills School Lands Fund. this Act, the Secretary may accept fees and con- erection of modular buildings, and purchases of S7708 CONGRESSIONAL RECORD — SENATE July 16, 2001 trailers; and for provision of domestic and com- completion of the project will the Federal Gov- received from those entities pursuant to the In- munity sanitation facilities for Indians, as au- ernment have any rights or title to any real or dian Self-Determination Act, may be credited to thorized by section 7 of the Act of August 5, 1954 personal property acquired as a part of the con- the same or subsequent appropriation account (42 U.S.C. 2004a), the Indian Self-Determination tract: Provided further, That $2,333,000 shall be which provided the funding, said amounts to re- Act, and the Indian Health Care Improvement made available for the Sisseton Wahpeton Sioux main available until expended. Reimbursements Act, and for expenses necessary to carry out Tribe Indian Health Services clinic in Sisseton, for training, technical assistance, or services such Acts and titles II and III of the Public South Dakota, and $9,167,000 shall be made provided by the Indian Health Service will con- Health Service Act with respect to environ- available for the small ambulatory facilities pro- tain total costs, including direct, administrative, mental health and facilities support activities of gram. and overhead associated with the provision of the Indian Health Service, $362,854,000, to re- ADMINISTRATIVE PROVISIONS, INDIAN HEALTH goods, services, or technical assistance. The ap- main available until expended: Provided, That SERVICE propriation structure for the Indian Health notwithstanding any other provision of law, Appropriations in this Act to the Indian Service may not be altered without advance ap- funds appropriated for the planning, design, Health Service shall be available for services as proval of the House and Senate Committees on construction or renovation of health facilities authorized by 5 U.S.C. 3109 but at rates not to Appropriations. for the benefit of an Indian tribe or tribes may exceed the per diem rate equivalent to the max- OTHER RELATED AGENCIES be used to purchase land for sites to construct, imum rate payable for senior-level positions OFFICE OF NAVAJO AND HOPI INDIAN improve, or enlarge health or related facilities: under 5 U.S.C. 5376; hire of passenger motor ve- RELOCATION Provided further, That from the funds appro- hicles and aircraft; purchase of medical equip- SALARIES AND EXPENSES priated herein, $5,000,000 shall be designated by ment; purchase of reprints; purchase, renova- For necessary expenses of the Office of Navajo the Indian Health Service as a contribution to tion and erection of modular buildings and ren- and Hopi Indian Relocation as authorized by the Yukon-Kuskokwim Health Corporation ovation of existing facilities; payments for tele- Public Law 93–531, $15,148,000, to remain avail- (YKHC) to continue a priority project for the phone service in private residences in the field, able until expended: Provided, That funds pro- acquisition of land, planning, design and con- when authorized under regulations approved by vided in this or any other appropriations Act struction of 79 staff quarters at Bethel, Alaska, the Secretary; and for uniforms or allowances are to be used to relocate eligible individuals pursuant to the negotiated project agreement be- therefore as authorized by 5 U.S.C. 5901–5902; and groups including evictees from District 6, tween the YKHC and the Indian Health Service: Hopi-partitioned lands residents, those in sig- Provided further, That this project shall not be and for expenses of attendance at meetings nificantly substandard housing, and all others subject to the construction provisions of the In- which are concerned with the functions or ac- certified as eligible and not included in the pre- dian Self-Determination and Education Assist- tivities for which the appropriation is made or ceding categories: Provided further, That none ance Act and shall be removed from the Indian which will contribute to improved conduct, su- of the funds contained in this or any other Act Health Service priority list upon completion: pervision, or management of those functions or may be used by the Office of Navajo and Hopi Provided further, That the Federal Government activities. Indian Relocation to evict any single Navajo or shall not be liable for any property damages or In accordance with the provisions of the In- Navajo family who, as of November 30, 1985, was other construction claims that may arise from dian Health Care Improvement Act, non-Indian physically domiciled on the lands partitioned to YKHC undertaking this project: Provided fur- patients may be extended health care at all trib- the Hopi Tribe unless a new or replacement ther, That the land shall be owned or leased by ally administered or Indian Health Service fa- home is provided for such household: Provided the YKHC and title to quarters shall remain cilities, subject to charges, and the proceeds further, That no relocatee will be provided with vested with the YKHC: Provided further, That along with funds recovered under the Federal more than one new or replacement home: Pro- $5,000,000 shall remain available until expended Medical Care Recovery Act (42 U.S.C. 2651–2653) vided further, That the Office shall relocate any for the purpose of funding joint venture health shall be credited to the account of the facility certified eligible relocatees who have selected care facility projects authorized under the In- providing the service and shall be available and received an approved homesite on the Nav- dian Health Care Improvement Act, as amended: without fiscal year limitation. Notwithstanding ajo reservation or selected a replacement resi- Provided further, That priority, by rank order, any other law or regulation, funds transferred dence off the Navajo reservation or on the land shall be given to tribes with outpatient projects from the Department of Housing and Urban De- acquired pursuant to 25 U.S.C. 640d–10. on the existing Indian Health Services priority velopment to the Indian Health Service shall be list that have Service-approved planning docu- administered under Public Law 86–121 (the In- INSTITUTE OF AMERICAN INDIAN AND ALASKA ments, and can demonstrate by March 1, 2002, dian Sanitation Facilities Act) and Public Law NATIVE CULTURE AND ARTS DEVELOPMENT the financial capability necessary to provide an 93–638, as amended. PAYMENT TO THE INSTITUTE appropriate facility: Provided further, That Funds appropriated to the Indian Health For payment to the Institute of American In- joint venture funds unallocated after March 1, Service in this Act, except those used for admin- dian and Alaska Native Culture and Arts Devel- 2002, shall be made available for joint venture istrative and program direction purposes, shall opment, as authorized by title XV of Public Law projects on a competitive basis giving priority to not be subject to limitations directed at cur- 99–498, as amended (20 U.S.C. 56 part A), tribes that currently have no existing Federally- tailing Federal travel and transportation. $4,490,000. owned health care facility, have planning docu- Notwithstanding any other provision of law, SMITHSONIAN INSTITUTION ments meeting Indian Health Service require- funds previously or herein made available to a SALARIES AND EXPENSES ments prepared for approval by the Service and tribe or tribal organization through a contract, For necessary expenses of the Smithsonian In- can demonstrate the financial capability needed grant, or agreement authorized by title I or title stitution, as authorized by law, including re- to provide an appropriate facility: Provided fur- III of the Indian Self-Determination and Edu- search in the fields of art, science, and history; ther, That the Indian Health Service shall re- cation Assistance Act of 1975 (25 U.S.C. 450), development, preservation, and documentation quest additional staffing, operation and mainte- may be deobligated and reobligated to a self-de- of the National Collections; presentation of pub- nance funds for these facilities in future budget termination contract under title I, or a self-gov- lic exhibits and performances; collection, prepa- requests: Provided further, That not to exceed ernance agreement under title III of such Act ration, dissemination, and exchange of informa- $500,000 shall be used by the Indian Health and thereafter shall remain available to the tion and publications; conduct of education, Service to purchase TRANSAM equipment from tribe or tribal organization without fiscal year training, and museum assistance programs; the Department of Defense for distribution to limitation. maintenance, alteration, operation, lease (for the Indian Health Service and tribal facilities: None of the funds made available to the In- terms not to exceed 30 years), and protection of Provided further, That not to exceed $500,000 dian Health Service in this Act shall be used to buildings, facilities, and approaches; not to ex- shall be used by the Indian Health Service to implement the final rule published in the Fed- ceed $100,000 for services as authorized by 5 obtain ambulances for the Indian Health Service eral Register on September 16, 1987, by the De- U.S.C. 3109; up to five replacement passenger ve- and tribal facilities in conjunction with an ex- partment of Health and Human Services, relat- hicles; purchase, rental, repair, and cleaning of isting interagency agreement between the In- ing to the eligibility for the health care services uniforms for employees, $401,192,000, of which dian Health Service and the General Services of the Indian Health Service until the Indian not to exceed $43,713,000 for the instrumentation Administration: Provided further, That not to Health Service has submitted a budget request program, collections acquisition, exhibition re- exceed $500,000 shall be placed in a Demolition reflecting the increased costs associated with the installation, the National Museum of the Amer- Fund, available until expended, to be used by proposed final rule, and such request has been ican Indian, the repatriation of skeletal remains the Indian Health Service for demolition of Fed- included in an appropriations Act and enacted program, research equipment, information man- eral buildings: Provided further, That notwith- into law. agement, and Latino programming shall remain standing the provisions of title III, section 306, Funds made available in this Act are to be ap- available until expended, and including such of the Indian Health Care Improvement Act portioned to the Indian Health Service as appro- funds as may be necessary to support American (Public Law 94–437, as amended), construction priated in this Act, and accounted for in the ap- overseas research centers and a total of $125,000 contracts authorized under title I of the Indian propriation structure set forth in this Act. With for the Council of American Overseas Research Self-Determination and Education Assistance respect to functions transferred by the Indian Centers: Provided, That funds appropriated Act of 1975, as amended, may be used rather Health Service to tribes or tribal organizations, herein are available for advance payments to than grants to fund small ambulatory facility the Indian Health Service is authorized to pro- independent contractors performing research construction projects: Provided further, That if vide goods and services to those entities, on a re- services or participating in official Smithsonian a contract is used, the IHS is authorized to im- imbursable basis, including payment in advance presentations: Provided further, That the Smith- prove municipal, private, or tribal lands, and with subsequent adjustment, and the reimburse- sonian Institution may expend Federal appro- that at no time, during construction or after ments received therefrom, along with the funds priations designated in this Act for lease or rent July 16, 2001 CONGRESSIONAL RECORD — SENATE S7709 payments for long term and swing space, as rent buildings, approaches, and grounds; and pur- INSTITUTE OF MUSEUM AND LIBRARY SERVICES payable to the Smithsonian Institution, and chase of services for restoration and repair of OFFICE OF MUSEUM SERVICES such rent payments may be deposited into the works of art for the National Gallery of Art by GRANTS AND ADMINISTRATION general trust funds of the Institution to the ex- contracts made, without advertising, with indi- tent that federally supported activities are viduals, firms, or organizations at such rates or For carrying out subtitle C of the Museum housed in the 900 H Street, N.W. building in the prices and under such terms and conditions as and Library Services Act of 1996, as amended, District of Columbia: Provided further, That the Gallery may deem proper, $68,967,000, of $26,899,000, to remain available until expended. this use of Federal appropriations shall not be which not to exceed $3,026,000 for the special ex- CHALLENGE AMERICA ARTS FUND construed as debt service, a Federal guarantee hibition program shall remain available until CHALLENGE AMERICA GRANTS of, a transfer of risk to, or an obligation of, the expended. For necessary expenses as authorized by Pub- Federal Government: Provided further, That no REPAIR, RESTORATION AND RENOVATION OF lic Law 89–209, as amended, $17,000,000 for sup- appropriated funds may be used to service debt BUILDINGS port for arts education and public outreach ac- which is incurred to finance the costs of acquir- For necessary expenses of repair, restoration tivities to be administered by the National En- ing the 900 H Street building or of planning, de- and renovation of buildings, grounds and facili- dowment for the Arts, to remain available until signing, and constructing improvements to such ties owned or occupied by the National Gallery expended. building. of Art, by contract or otherwise, as authorized, ADMINISTRATIVE PROVISIONS REPAIR, RESTORATION AND ALTERATION OF $14,220,000, to remain available until expended: None of the funds appropriated to the Na- FACILITIES Provided, That contracts awarded for environ- tional Foundation on the Arts and the Human- For necessary expenses of maintenance, re- mental systems, protection systems, and exterior ities may be used to process any grant or con- pair, restoration, and alteration of facilities repair or renovation of buildings of the National tract documents which do not include the text of owned or occupied by the Smithsonian Institu- Gallery of Art may be negotiated with selected 18 U.S.C. 1913: Provided, That none of the funds tion, by contract or otherwise, as authorized by contractors and awarded on the basis of con- appropriated to the National Foundation on the section 2 of the Act of August 22, 1949 (63 Stat. tractor qualifications as well as price. Arts and the Humanities may be used for offi- 623), including not to exceed $10,000 for services JOHN F. KENNEDY CENTER FOR THE PERFORMING cial reception and representation expenses: Pro- as authorized by 5 U.S.C. 3109, $67,900,000, to re- ARTS vided further, That funds from nonappropriated main available until expended, of which OPERATIONS AND MAINTENANCE sources may be used as necessary for official re- $10,000,000 is provided for maintenance, repair, ception and representation expenses. rehabilitation and alteration of facilities at the For necessary expenses for the operation, COMMISSION OF FINE ARTS National Zoological Park: Provided, That con- maintenance and security of the John F. Ken- tracts awarded for environmental systems, pro- nedy Center for the Performing Arts, $15,000,000. SALARIES AND EXPENSES tection systems, and repair or restoration of fa- CONSTRUCTION For expenses made necessary by the Act estab- cilities of the Smithsonian Institution may be For necessary expenses for capital repair and lishing a Commission of Fine Arts (40 U.S.C. negotiated with selected contractors and award- restoration of the existing features of the build- 104), $1,174,000: Provided, That the Commission ed on the basis of contractor qualifications as ing and site of the John F. Kennedy Center for is authorized to charge fees to cover the full well as price. the Performing Arts, $19,000,000, to remain costs of its publications, and such fees shall be CONSTRUCTION available until expended. credited to this account as an offsetting collec- For necessary expenses for construction, WOODROW WILSON INTERNATIONAL CENTER FOR tion, to remain available until expended without $25,000,000, to remain available until expended. SCHOLARS further appropriation. NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS ADMINISTRATIVE PROVISIONS, SMITHSONIAN SALARIES AND EXPENSES INSTITUTION For expenses necessary in carrying out the For necessary expenses as authorized by Pub- lic Law 99–190 (20 U.S.C. 956(a)), as amended, None of the funds in this or any other Act provisions of the Woodrow Wilson Memorial Act $7,000,000. may be used to initiate the design for any pro- of 1968 (82 Stat. 1356) including hire of pas- posed expansion of current space or new facility senger vehicles and services as authorized by 5 ADVISORY COUNCIL ON HISTORIC PRESERVATION without consultation with the House and Senate U.S.C. 3109, $7,796,000. SALARIES AND EXPENSES Appropriations Committees. NATIONAL FOUNDATION ON THE ARTS AND THE For necessary expenses of the Advisory Coun- None of the funds in this or any other Act HUMANITIES cil on Historic Preservation (Public Law 89–665, may be used for the Holt House located at the NATIONAL ENDOWMENT FOR THE ARTS as amended), $3,310,000: Provided, That none of National Zoological Park in Washington, D.C., these funds shall be available for compensation GRANTS AND ADMINISTRATION unless identified as repairs to minimize water of level V of the Executive Schedule or higher For necessary expenses to carry out the Na- damage, monitor structure movement, or provide positions. tional Foundation on the Arts and the Human- interim structural support. NATIONAL CAPITAL PLANNING COMMISSION None of the funds in this or any other Act ities Act of 1965, as amended, $98,234,000 shall be may be used to make any changes to the exist- available to the National Endowment for the SALARIES AND EXPENSES ing Smithsonian science programs, including Arts for the support of projects and productions For necessary expenses, as authorized by the closure of facilities, relocation of staff or redi- in the arts through assistance to organizations National Capital Planning Act of 1952 (40 rection of functions and programs, without ap- and individuals pursuant to sections 5(c) and U.S.C. 71–71i), including services as authorized proval by the Board of Regents of recommenda- 5(g) of the Act, for program support, and for ad- by 5 U.S.C. 3109, $7,253,000: Provided, That all tions received from the Science Commission. ministering the functions of the Act, to remain appointed members of the Commission will be None of the funds available to the Smithso- available until expended. compensated at a rate not to exceed the daily nian may be reprogrammed without the advance NATIONAL ENDOWMENT FOR THE HUMANITIES equivalent of the annual rate of pay for posi- tions at level IV of the Executive Schedule for written approval of the House and Senate Com- GRANTS AND ADMINISTRATION each day such member is engaged in the actual mittees on Appropriations in accordance with For necessary expenses to carry out the Na- performance of duties. the procedures contained in House Report No. tional Foundation on the Arts and the Human- 105–163. ities Act of 1965, as amended, $109,882,000, shall UNITED STATES HOLOCAUST MEMORIAL MUSEUM NATIONAL GALLERY OF ART be available to the National Endowment for the HOLOCAUST MEMORIAL MUSEUM SALARIES AND EXPENSES Humanities for support of activities in the hu- For expenses of the Holocaust Memorial Mu- For the upkeep and operations of the National manities, pursuant to section 7(c) of the Act, seum, as authorized by Public Law 106–292 (36 Gallery of Art, the protection and care of the and for administering the functions of the Act, U.S.C. 2301–2310), $36,028,000, of which works of art therein, and administrative ex- to remain available until expended. $1,900,000 for the museum’s repair and rehabili- penses incident thereto, as authorized by the MATCHING GRANTS tation program and $1,264,000 for the museum’s Act of March 24, 1937 (50 Stat. 51), as amended To carry out the provisions of section 10(a)(2) exhibitions program shall remain available until by the public resolution of April 13, 1939 (Public of the National Foundation on the Arts and the expended. Resolution 9, Seventy-sixth Congress), including Humanities Act of 1965, as amended, $15,622,000, PRESIDIO TRUST services as authorized by 5 U.S.C. 3109; payment to remain available until expended, of which PRESIDIO TRUST FUND in advance when authorized by the treasurer of $11,622,000 shall be available to the National For necessary expenses to carry out title I of the Gallery for membership in library, museum, Endowment for the Humanities for the purposes the Omnibus Parks and Public Lands Manage- and art associations or societies whose publica- of section 7(h): Provided, That this appropria- ment Act of 1996, $23,125,000 shall be available tions or services are available to members only, tion shall be available for obligation only in to the Presidio Trust, to remain available until or to members at a price lower than to the gen- such amounts as may be equal to the total expended. eral public; purchase, repair, and cleaning of amounts of gifts, bequests, and devises of uniforms for guards, and uniforms, or allow- money, and other property accepted by the TITLE III—GENERAL PROVISIONS ances therefor, for other employees as author- chairman or by grantees of the Endowment SEC. 301. The expenditure of any appropria- ized by law (5 U.S.C. 5901–5902); purchase or under the provisions of subsections 11(a)(2)(B) tion under this Act for any consulting service rental of devices and services for protecting and 11(a)(3)(B) during the current and pre- through procurement contract, pursuant to 5 buildings and contents thereof, and mainte- ceding fiscal years for which equal amounts U.S.C. 3109, shall be limited to those contracts nance, alteration, improvement, and repair of have not previously been appropriated. where such expenditures are a matter of public S7710 CONGRESSIONAL RECORD — SENATE July 16, 2001 record and available for public inspection, ex- applicant, the Secretary of the Interior shall dowment for the Arts and the National Endow- cept where otherwise provided under existing allow the applicant to fund a qualified third- ment for the Humanities. Any proceeds from law, or under existing Executive order issued party contractor to be selected by the Bureau of such gifts, bequests, or devises, after acceptance pursuant to existing law. Land Management to conduct a mineral exam- by the National Endowment for the Arts or the SEC. 302. No part of any appropriation under ination of the mining claims or mill sites con- National Endowment for the Humanities, shall this Act shall be available to the Secretary of tained in a patent application as set forth in be paid by the donor or the representative of the the Interior or the Secretary of Agriculture for subsection (b). The Bureau of Land Manage- donor to the Chairman. The Chairman shall the leasing of oil and natural gas by non- ment shall have the sole responsibility to choose enter the proceeds in a special interest-bearing competitive bidding on publicly owned lands and pay the third-party contractor in accord- account to the credit of the appropriate endow- within the boundaries of the Shawnee National ance with the standard procedures employed by ment for the purposes specified in each case. Forest, Illinois: Provided, That nothing herein the Bureau of Land Management in the reten- SEC. 317. (a) In providing services or awarding is intended to inhibit or otherwise affect the tion of third-party contractors. financial assistance under the National Foun- sale, lease, or right to access to minerals owned SEC. 311. Notwithstanding any other provision dation on the Arts and the Humanities Act of by private individuals. of law, amounts appropriated to or earmarked 1965 from funds appropriated under this Act, SEC. 303. No part of any appropriation con- in committee reports for the Bureau of Indian the Chairperson of the National Endowment for tained in this Act shall be available for any ac- Affairs and the Indian Health Service by Public the Arts shall ensure that priority is given to tivity or the publication or distribution of lit- Laws 103–138, 103–332, 104–134, 104–208, 105–83, providing services or awarding financial assist- erature that in any way tends to promote public 105–277, 106–113, and 106–291 for payments to ance for projects, productions, workshops, or support or opposition to any legislative proposal tribes and tribal organizations for contract sup- programs that serve underserved populations. on which congressional action is not complete. port costs associated with self-determination or (b) In this section: SEC. 304. No part of any appropriation con- self-governance contracts, grants, compacts, or (1) The term ‘‘underserved population’’ means tained in this Act shall remain available for ob- annual funding agreements with the Bureau of a population of individuals, including urban mi- ligation beyond the current fiscal year unless Indian Affairs or the Indian Health Service as norities, who have historically been outside the expressly so provided herein. funded by such Acts, are the total amounts purview of arts and humanities programs due to SEC. 305. None of the funds provided in this available for fiscal years 1994 through 2001 for factors such as a high incidence of income below Act to any department or agency shall be obli- such purposes, except that, for the Bureau of the poverty line or to geographic isolation. gated or expended to provide a personal cook, Indian Affairs, tribes and tribal organizations (2) The term ‘‘poverty line’’ means the poverty chauffeur, or other personal servants to any of- may use their tribal priority allocations for line (as defined by the Office of Management ficer or employee of such department or agency unmet indirect costs of ongoing contracts, and Budget, and revised annually in accord- except as otherwise provided by law. grants, self-governance compacts or annual ance with section 673(2) of the Community Serv- SEC. 306. No assessments may be levied against funding agreements. ices Block Grant Act (42 U.S.C. 9902(2))) appli- any program, budget activity, subactivity, or SEC. 312. Notwithstanding any other provision cable to a family of the size involved. project funded by this Act unless advance notice of law, for fiscal year 2002 the Secretaries of Ag- (c) In providing services and awarding finan- of such assessments and the basis therefor are riculture and the Interior are authorized to limit cial assistance under the National Foundation presented to the Committees on Appropriations competition for watershed restoration project on the Arts and Humanities Act of 1965 with and are approved by such committees. contracts as part of the ‘‘Jobs in the Woods’’ funds appropriated by this Act, the Chairperson SEC. 307. None of the funds in this Act may be Program established in Region 10 of the Forest of the National Endowment for the Arts shall used to plan, prepare, or offer for sale timber Service to individuals and entities in historically ensure that priority is given to providing serv- from trees classified as giant sequoia timber-dependent areas in the States of Wash- ices or awarding financial assistance for (Sequoiadendron giganteum) which are located ington, Oregon, northern California and Alaska projects, productions, workshops, or programs on National Forest System or Bureau of Land that have been affected by reduced timber har- that will encourage public knowledge, edu- Management lands in a manner different than vesting on Federal lands. The Secretaries shall cation, understanding, and appreciation of the such sales were conducted in fiscal year 2001. consider the benefits to the local economy in arts. SEC. 308. None of the funds made available by evaluating bids and designing procurements (d) With funds appropriated by this Act to this Act may be obligated or expended by the which create economic opportunities for local carry out section 5 of the National Foundation National Park Service to enter into or implement contractors. on the Arts and Humanities Act of 1965— a concession contract which permits or requires SEC. 313. None of the funds collected under (1) the Chairperson shall establish a grant the removal of the underground lunchroom at the Recreational Fee Demonstration program category for projects, productions, workshops, the Carlsbad Caverns National Park. may be used to plan, design, or construct a vis- or programs that are of national impact or SEC. 309. None of the funds made available in itor center or any other permanent structure availability or are able to tour several States; this Act may be used: (1) to demolish the bridge without prior approval of the House and the (2) the Chairperson shall not make grants ex- between Jersey City, New Jersey, and Ellis Is- Senate Committees on Appropriations if the esti- ceeding 15 percent, in the aggregate, of such land; or (2) to prevent pedestrian use of such mated total cost of the facility exceeds $500,000. funds to any single State, excluding grants bridge, when such pedestrian use is consistent SEC. 314. None of the funds made available in made under the authority of paragraph (1); with generally accepted safety standards. this or any other Act for any fiscal year may be (3) the Chairperson shall report to the Con- SEC. 310. (a) LIMITATION OF FUNDS.—None of used to designate, or to post any sign desig- gress annually and by State, on grants awarded the funds appropriated or otherwise made avail- nating, any portion of Canaveral National Sea- by the Chairperson in each grant category able pursuant to this Act shall be obligated or shore in Brevard County, Florida, as a clothing- under section 5 of such Act; and expended to accept or process applications for a optional area or as an area in which public nu- (4) the Chairperson shall encourage the use of patent for any mining or mill site claim located dity is permitted, if such designation would be grants to improve and support community-based under the general mining laws. contrary to county ordinance. music performance and education. (b) EXCEPTIONS.—The provisions of subsection SEC. 315. Of the funds provided to the Na- SEC. 318. No part of any appropriation con- (a) shall not apply if the Secretary of the Inte- tional Endowment for the Arts— tained in this Act shall be expended or obligated rior determines that, for the claim concerned: (1) (1) The Chairperson shall only award a grant to complete and issue the 5-year program under a patent application was filed with the Sec- to an individual if such grant is awarded to the Forest and Rangeland Renewable Resources retary on or before September 30, 1994; and (2) such individual for a literature fellowship, Na- Planning Act. all requirements established under sections 2325 tional Heritage Fellowship, or American Jazz SEC. 319. None of the funds in this Act may be and 2326 of the Revised Statutes (30 U.S.C. 29 Masters Fellowship. used to support Government-wide administrative and 30) for vein or lode claims and sections 2329, (2) The Chairperson shall establish procedures functions unless such functions are justified in 2330, 2331, and 2333 of the Revised Statutes (30 to ensure that no funding provided through a the budget process and funding is approved by U.S.C. 35, 36, and 37) for placer claims, and sec- grant, except a grant made to a State or local the House and Senate Committees on Appropria- tion 2337 of the Revised Statutes (30 U.S.C. 42) arts agency, or regional group, may be used to tions. for mill site claims, as the case may be, were make a grant to any other organization or indi- SEC. 320. None of the funds in this Act may be fully complied with by the applicant by that vidual to conduct activity independent of the di- used for planning, design or construction of im- date. rect grant recipient. Nothing in this subsection provements to Pennsylvania Avenue in front of (c) REPORT.—On September 30, 2002, the Sec- shall prohibit payments made in exchange for the White House without the advance approval retary of the Interior shall file with the House goods and services. of the House and Senate Committees on Appro- and Senate Committees on Appropriations and (3) No grant shall be used for seasonal support priations. the Committee on Resources of the House of to a group, unless the application is specific to SEC. 321. Amounts deposited during fiscal year Representatives and the Committee on Energy the contents of the season, including identified 2001 in the roads and trails fund provided for in and Natural Resources of the Senate a report on programs and/or projects. the fourteenth paragraph under the heading actions taken by the Department under the plan SEC. 316. The National Endowment for the ‘‘FOREST SERVICE’’ of the Act of March 4, submitted pursuant to section 314(c) of the De- Arts and the National Endowment for the Hu- 1913 (37 Stat. 843; 16 U.S.C. 501), shall be used partment of the Interior and Related Agencies manities are authorized to solicit, accept, re- by the Secretary of Agriculture, without regard Appropriations Act, 1997 (Public Law 104–208). ceive, and invest in the name of the United to the State in which the amounts were derived, (d) MINERAL EXAMINATIONS.—In order to States, gifts, bequests, or devises of money and to repair or reconstruct roads, bridges, and process patent applications in a timely and re- other property or services and to use such in trails on National Forest System lands or to sponsible manner, upon the request of a patent furtherance of the functions of the National En- carry out and administer projects to improve July 16, 2001 CONGRESSIONAL RECORD — SENATE S7711

forest health conditions, which may include the implementation, or in preparation for implemen- SEC. 330. The Secretary of Agriculture, acting repair or reconstruction of roads, bridges, and tation, of the Kyoto Protocol which was adopted through the Chief of the Forest Service shall: trails on National Forest System lands in the on December 11, 1997, in Kyoto, Japan at the (1) extend the special use permit for the Sioux wildland-community interface where there is an Third Conference of the Parties to the United Charlie Cabin in the Absaroka Beartooth Wil- abnormally high risk of fire. The projects shall Nations Framework Convention on Climate derness Area, Montana, held by Montana State emphasize reducing risks to human safety and Change, which has not been submitted to the University—Billings for a period of 50 years; public health and property and enhancing eco- Senate for advice and consent to ratification and logical functions, long-term forest productivity, pursuant to article II, section 2, clause 2, of the (2) solicit public comments at the end of the 50 and biological integrity. The projects may be United States Constitution, and which has not year period to determine whether another exten- completed in a subsequent fiscal year. Funds entered into force pursuant to article 25 of the sion should be granted. shall not be expended under this section to re- Protocol. SEC. 331. Section 323 of the Department of the place funds which would otherwise appro- SEC. 325. The Forest Service, in consultation Interior and Related Agencies Appropriations priately be expended from the timber salvage with the Department of Labor, shall review For- Act, 1999, as included in Public Law 105–277, Di- sale fund. Nothing in this section shall be con- est Service campground concessions policy to de- vision A, section 101(e), is amended by striking strued to exempt any project from any environ- termine if modifications can be made to Forest ‘‘and 2001,’’ and inserting ‘‘, 2001 and 2002,’’. mental law. Service contracts for campgrounds so that such SEC. 332. Section 551(c) of the Land Between SEC. 322. Other than in emergency situations, concessions fall within the regulatory exemption the Lakes Protection Act of 1998 (16 U.S.C. none of the funds in this Act may be used to op- of 29 CFR 4.122(b). The Forest Service shall offer 460lll–61(c)) is amended by striking ‘‘2002’’ and erate telephone answering machines during core in fiscal year 2002 such concession prospectuses inserting ‘‘2004’’. business hours unless such answering machines under the regulatory exemption, except that, SEC. 333. LOCAL EXEMPTIONS FROM FOREST include an option that enables callers to reach any prospectus that does not meet the require- SERVICE DEMONSTRATION PROGRAM FEES. Sec- promptly an individual on-duty with the agency ments of the regulatory exemption shall be of- tion 6906 of Title 31, United States Code, is being contacted. fered as a service contract in accordance with amended— SEC. 323. No timber sale in Region 10 shall be the requirements of 41 U.S.C. 351–358. (1) by inserting ‘‘(a) IN GENERAL.—’’ before advertised if the indicated rate is deficit when SEC. 326. A project undertaken by the Forest ‘‘Necessary’’; and appraised under the transaction evidence ap- Service under the Recreation Fee Demonstration (2) by adding at the end the following: praisal system using domestic Alaska values for Program as authorized by section 315 of the De- ‘‘(b) LOCAL EXEMPTIONS FROM DEMONSTRA- western red cedar: Provided, That sales which partment of the Interior and Related Agencies TION PROGRAM FEES.— are deficit when appraised under the trans- Appropriations Act for Fiscal Year 1996, as ‘‘(1) IN GENERAL.—Each unit of general local action evidence appraisal system using domestic amended, shall not result in— government that lies in whole or in part within Alaska values for western red cedar may be ad- (1) displacement of the holder of an author- the White Mountain National Forest and per- vertised upon receipt of a written request by a ization to provide commercial recreation services sons residing within the boundaries of that unit prospective, informed bidder, who has the op- on Federal lands. Prior to initiating any project, of general local government shall be exempt dur- portunity to review the Forest Service’s cruise the Secretary shall consult with potentially af- ing that fiscal year from any requirement to pay and harvest cost estimate for that timber. Pro- fected holders to determine what impacts the a Demonstration Program Fee (parking permit gram accomplishments shall be based on volume project may have on the holders. Any modifica- or passport) imposed by the Secretary of Agri- sold. Should Region 10 sell, in fiscal year 2002, tions to the authorization shall be made within culture for access to the Forest. the annual average portion of the decadal al- the terms and conditions of the authorization ‘‘(2) ADMINISTRATION.—The Secretary of Agri- lowable sale quantity called for in the current and authorities of the impacted agency. culture shall establish a method of identifying Tongass Land Management Plan in sales which (2) the return of a commercial recreation serv- persons who are exempt from paying user fees are not deficit when appraised under the trans- ice to the Secretary for operation when such under paragraph (1). This method may include action evidence appraisal system using domestic services have been provided in the past by a pri- valid form of identification including a drivers Alaska values for western red cedar, all of the vate sector provider, except when— license.’’. western red cedar timber from those sales which (A) the private sector provider fails to bid on SEC. 334. MODIFICATION TO STEEL LOAN GUAR- is surplus to the needs of domestic processors in such opportunities; ANTEE PROGRAM. (a) IN GENERAL.—Section 101 Alaska, shall be made available to domestic (B) the private sector provider terminates its of the Emergency Steel Loan Guarantee Act of processors in the contiguous 48 United States at relationship with the agency; or 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is prevailing domestic prices. Should Region 10 (C) the agency revokes the permit for non- amended as follows: sell, in fiscal year 2002, less than the annual av- compliance with the terms and conditions of the (1) TERMS AND CONDITIONS.—Subsection (h) is erage portion of the decadal allowable sale authorization. amended— quantity called for in the current Tongass Land In such cases, the agency may use the Recre- (A) in paragraph (1), by striking ‘‘2005’’ and Management Plan in sales which are not deficit ation Fee Demonstration Program to provide for inserting ‘‘2015’’; and when appraised under the transaction evidence operations until a subsequent operator can be (B) by amending paragraph (4) to read as fol- appraisal system using domestic Alaska values found through the offering of a new prospectus. lows: for western red cedar, the volume of western red SEC. 327. The authority to enter into steward- ‘‘(4) GUARANTEE LEVEL.— cedar timber available to domestic processors at ship and end result contracts provided to the ‘‘(A) IN GENERAL.—Except as provided in sub- prevailing domestic prices in the contiguous 48 Forest Service in accordance with section 347 of paragraphs (B) and (C), any loan guarantee United States shall be that volume: (i) which is title III of section 101(e) of division A of Public provided under this section shall not exceed 85 surplus to the needs of domestic processors in Law 105–277 is hereby expanded to authorize the percent of the amount of principal of the loan. Alaska; and (ii) is that percent of the surplus Forest Service to enter into an additional 28 ‘‘(B) INCREASED LEVEL ONE.—A loan guar- western red cedar volume determined by calcu- contracts subject to the same terms and condi- antee may be provided under this section in ex- lating the ratio of the total timber volume which tions as provided in that section: Provided, That cess of 85 percent, but not more than 90 percent, has been sold on the Tongass to the annual av- of the additional contracts authorized by this of the amount of principal of the loan, if— erage portion of the decadal allowable sale section at least 9 shall be allocated to Region 1 ‘‘(i) the aggregate amount of loans guaranteed quantity called for in the current Tongass Land and at least 3 to Region 6. at such percentage and outstanding under this Management Plan. The percentage shall be cal- SEC. 328. Any regulations or policies promul- section at any one time does not exceed culated by Region 10 on a rolling basis as each gated or adopted by the Departments of Agri- $100,000,000; and sale is sold (for purposes of this amendment, a culture or the Interior regarding recovery of ‘‘(ii) the aggregate amount of loans guaran- ‘‘rolling basis’’ shall mean that the determina- costs for processing authorizations to occupy teed at such percentage under this section with tion of how much western red cedar is eligible and use Federal lands under their control shall respect to a single qualified steel company does for sale to various markets shall be made at the adhere to and incorporate the following prin- not exceed $50,000,000. time each sale is awarded). Western red cedar ciple arising from Office of Management and ‘‘(C) INCREASED LEVEL TWO.—A loan guar- shall be deemed ‘‘surplus to the needs of domes- Budget Circular, A–25; no charge should be antee may be provided under this section in ex- tic processors in Alaska’’ when the timber sale made for a service when the identification of the cess of 85 percent, but not more than 95 percent, holder has presented to the Forest Service docu- specific beneficiary is obscure, and the service of the amount of principal of the loan, if— mentation of the inability to sell western red can be considered primarily as benefiting broad- ‘‘(i) the aggregate amount of loans guaranteed cedar logs from a given sale to domestic Alaska ly the general public. at such percentage and outstanding under this processors at price equal to or greater than the SEC. 329. Notwithstanding any other provision section at any one time does not exceed log selling value stated in the contract. All addi- of law, for fiscal year 2002, the Secretary of Ag- $100,000,000; and tional western red cedar volume not sold to riculture is authorized to limit competition for ‘‘(ii) the aggregate amount of loans guaran- Alaska or contiguous 48 United States domestic fire and fuel treatment and watershed restora- teed at such percentage under this section with processors may be exported to foreign markets at tion contracts in the Giant Sequoia National respect to a single qualified steel company does the election of the timber sale holder. All Alaska Monument and the Sequoia National Forest. not exceed $50,000,000.’’. yellow cedar may be sold at prevailing export Preference for employment shall be given to dis- (2) TERMINATION OF GUARANTEE AUTHORITY.— prices at the election of the timber sale holder. located and displaced workers in Tulare, Kern Subsection (k) is amended by striking ‘‘2001’’ SEC. 324. None of the funds appropriated by and Fresno Counties, California, for work asso- and inserting ‘‘2003’’. this Act shall be used to propose or issue rules, ciated with the establishment of the Giant Se- (b) APPLICABILITY.—The amendments made by regulations, decrees, or orders for the purpose of quoia National Monument. this section shall apply only with respect to any S7712 CONGRESSIONAL RECORD — SENATE July 16, 2001 guarantee issued on or after the date of the en- the state, my staff will organize a PROGRAM actment of this Act. clothing drive to replace some of the Mr. REID. Madam President, there- This Act may be cited as the ‘‘Department of items lost in the floods. Clothing of all the Interior and Related Agencies Appropria- fore, on Tuesday the Senate will con- tions Act, 2002’’. kinds is needed as residents rebuild vene at 9 a.m. and resume consider- their homes and their lives. Many have f ation of the Bankruptcy Reform Act lost everything and, as they return to under a previous order. There will be 3 AUTHORIZING SENATE OFFICE OF work and school, will need the basic hours of debate on cloture on the SENATOR JOHN D. ROCKE- items we all take for granted. More- Bankruptcy Reform Act, which will FELLER IV BE USED TO COL- over, as the winter months approach cause us to vote around 12 noon. We ex- LECT DONATIONS OF CLOTHING and the season brings rugged weather, pect to return to the Energy and Water Mr. REID. Mr. President, I ask unan- victims will also find themselves in Appropriations Act on Tuesday, with imous consent the Senate proceed to need of cold-weather clothing and rollcall votes expected into the the consideration of S. Res. 134, sub- shoes. Once the clothing is collected on evening. mitted earlier today by Senators Capitol Hill, United Airlines will trans- In the morning I am going to renew ROCKEFELLER and BYRD. port all of the donations to West Vir- my request that there be a time cer- The PRESIDING OFFICER. The ginia and the National Guard will help tain for filing amendments. The reason clerk will report the resolution by distribute the clothing to families in this is so important is we are not going title. need. These are just two examples of to be on this bill tomorrow. That will The legislative clerk read as follows: the generosity displayed by companies give staff time to work on the amend- A resolution (S. Res. 134) authorizing that and by individuals who wish to help. ments that people think are important. the Senate office of Senator John D. Rocke- Each of them has my deep gratitude. Some certainly are important. So I am feller IV be used to collect donations of Of course, in the rush to move on and going to renew that request tomorrow clothing from July 13, 2001, until July 20, rebuild, we cannot forget about those morning, and I hope Senators on both 2001, from concerned Members of Congress lost. I am enormously sorry for the loss sides of the aisle will allow us to go and staff to assist the West Virginia families of Bonnie Shumate and Bradley Jen- forward. suffering from the recent disaster of flooding kins, and my heart goes out to their and storms. f families and friends. Though rebuilding There being no objection, the Senate will serve as a challenge for the aver- ORDER FOR ADJOURNMENT proceeded to consider the resolution. age West Virginian, grieving will, of Mr. REID. I ask unanimous consent Mr. ROCKEFELLER. Madam Presi- course, prove far more difficult for the that the Senate stand in adjournment dent, as you may know, my state of Shumates and the Jenkins. following the remarks of the Senator West Virginia was ravaged last week It has been said that there is light at from Arizona and the Senator from Or- by its worst flooding in years. Homes the end of every tunnel. Considering egon, as previously outlined in the were destroyed, businesses and infra- the awesome amount of support pro- unanimous-consent agreement. structure were shut down and, most vided to date for the flood victims in The PRESIDING OFFICER. Without tragically, lives were lost. The out- West Virginia, I would have to agree. objection, it is so ordered. pouring of support thus far has been Let us continue this support by com- f truly heartwarming; however, much is mitting to and participating in a cloth- NOMINATIONS still needed in order to rebuild our ing drive for the people affected by the communities. That is why I am asking flood. On behalf of the Mountain State, Mr. KYL. Madam President, let me my colleagues, our staffs, and our thank you. say I appreciate what the Senator from friends to support this resolution and Mr. REID. Madam President, I ask Nevada said about the reforms that to participate in a clothing drive that consent the resolution and preamble be Senators DOMENICI, MURKOWSKI, and I will give aid to the victims of this trag- agreed to en bloc, the motion to recon- effectuated with respect to the Depart- edy. I am proud to be joined by our dis- sider be laid on the table, and any ment of Energy. It was a time of some tinguished senior Senator, ROBERT C. statements and supporting documents confusion, and reasonable people could BYRD, in our effort to help West Vir- be printed in the RECORD. differ about what we did there. But I ginians. Our drive can only be success- The PRESIDING OFFICER. Without think it is working out well. I appre- ful if the resolution before us is passed, objection, it is so ordered. ciate that the Senator from Nevada is and if we each give what we can. The resolution (S. Res. 134) was now very much in support of that. Ear- Immediately following the floods, I agreed to. lier I when spoke, I did no use the visited some of the areas hardest hit. The preamble was agreed to. name of the Senator from Nevada but I Although I have seen this type of dev- (The resolution, with its preamble, is did thank the Democratic leadership astation before, I was still taken aback located in today’s RECORD under ‘‘Sub- for moving nominations with such by dissolved roads, collapsed homes, mitted Resolutions.’’) alacrity last week. I think there were and splintered bridges. Fortunately, 54 nominations and I think I mentioned the clean-up process is already under- f that I hoped we could continue with way as federal disaster relief pours in. that progress during the next couple of ORDERS FOR TUESDAY, JULY 17, Organizations such as the American weeks. I wanted the Senator from Ne- 2001 Red Cross and the Salvation Army vada to know I paid him a compliment have provided for residents’ most im- Mr. REID. Madam President, I ask today as well. mediate needs, while agencies such as unanimous consent that when the Sen- Mr. REID. I say to my colleague, if the Federal Emergency Management ate completes its business today, it ad- he will yield, I watched his statement Agency, FEMA, begin processing dam- journ until the hour of 9 a.m. tomor- from my office, and I appreciate that age claims. Governor Wise and state row, July 17. very much. I say to my friend from Ar- agencies are working hard to reach out I further ask consent that on Tues- izona, it is important we move these to communities struggling to cope with day, immediately following the prayer nominations. There are a few that the aftermath of the flooding. Working and the pledge, the Journal of pro- cause problems, but very few. And you together, federal, state, and local offi- ceedings be approved to date, the will know about those. The rest of cials can begin the crucial work to re- morning hour be deemed expired, the them we need to move forward to have build our communities. time for the two leaders be reserved for better government. Yet, much remains to be done. their use later in the day, and the Sen- I think it is very unfair that the sys- Today, Sharon and I will visit more of ate resume consideration of the Bank- tem has become so complicated, so bur- the state. With us, we will take the ruptcy Reform Act; further, that the densome, that we are having trouble prayers and well-wishes we have been Senate recess from 12:30 to 2:15 for the getting good people to take these jobs. given. We will also present generous weekly party conferences. It is amazing to me the quality of the donations from corporations such as The PRESIDING OFFICER. Without people who served in the Clinton ad- the Pepsi Cola Company. While I am in objection, it is so ordered. ministration and those who are now July 16, 2001 CONGRESSIONAL RECORD — SENATE S7713 willing to serve the Bush administra- dents without clear evidence of wrong- catastrophic consequences is China’s tion with all they have to go through. doing or illegal activity—including insistence that, by negotiation or force, I look forward to working with my Gao Zhan, Wu Jianmin, Li Shaomin, Taiwan must be reunited with the friend from Arizona to move as many and Tan Guangguang. Li Shaomin was mainland, and that conflict with the of these as quickly as we can. As I told convicted of espionage on July 14 and United States is inevitable as long as my friend on Friday, we had one person reportedly will be expelled from China we stand in the way of that objective. with a little problem and we just went in the near future. We cannot ignore this very real and po- around that, took care of everybody China’s systematic torture and mur- tentially dangerous situation. How we else. Even those we have problems der of hundreds of members of the deal with it will dictate the course of with, they deserve their day in court, Falun Gong—including the recent history. so to speak. So I appreciate the com- deaths of approximately fourteen The United States must develop a ments of the Senator from Arizona. I peaceful adherents in a Chinese labor more comprehensive and realistic pol- appreciate his cooperation in allowing camp. icy toward China, one which promotes us to have this bill on the floor. China’s hardening of its crackdown good relations while not ignoring un- Mr. KYL. I thank the Senator from on this group—including a new legal di- pleasant exigencies. Nevada. rective issued by Chinese judicial au- In March, two days prior to the colli- Madam President, will the Chair ad- thorities on June 10 authorizing courts sion over the South China Sea, I spoke vise me when I have gone 5 minutes. I to prosecute Falun Gong practitioners on the Senate floor about the challenge do not want to impinge anymore on the for intentional wounding or murder, or of dealing with China’s growing mili- time of the Senator from Oregon. for organizing, encouraging or helping tary strength. I discussed in detail Chi- f other followers commit suicide or in- na’s threatening rhetoric aimed at the UNITED STATES-CHINA RELATIONS jure themselves. Additionally, it states United States and Taiwan, and warned Mr. KYL. Madam President, I wanted that followers can be prosecuted if they of that country’s rapid military mod- to speak briefly about the decision produce or distribute anti-government ernization and buildup. And most im- made last Friday to hold the next materials. portantly, I asked the question: what if China’s execution of at least 1,781 Olympics in Beijing, the 2008 games. China’s leaders mean what they say? persons during the past three months— Our Government was not involved in To assume they do not, particularly in that. It is not a government-to-govern- more than the total number of execu- light of the prevalence of highly ment kind of decision. But I am hope- tions worldwide over the past three threatening public statements and ful the fact that the United States did years military writings could mean leaving A former Chinese doctor’s testimony not, as a nation, weigh in on that deci- ourselves deliberately vulnerable to po- on June 27 to the House International sion—I am hopeful that did not send a tential Chinese aggression, (or impo- signal to the leaders in Beijing that the Relations Committee that his job re- tent to deal with Chinese aggression U.S. Government either supports what quired him ‘‘to remove skin and cor- against others). that Chinese Government leadership neas from the corpses of over one hun- China, unfortunately, has not been a does or does not object to many of the dred executed prisoners, and, on a cou- very cooperative member of the inter- things which are done by that Govern- ple of occasions, victims of inten- national community. Several years ment that violate human rights and in tionally botched executions.’’ ago, at a New Atlantic Initiative con- other ways suggest the country of The Chinese military’s ongoing ference in Prague, I discussed Amer- China is not yet willing to join the large-scale military exercises in the ica’s role in that community and our family of nations. South China Sea aimed at preparing vision for a world in which the United I wanted to note a few of the activi- that country for an invasion of Taiwan. States could work side-by-side with ties of this recent Chinese Government China’s shipments to Cuba of arms other democracies, stating, that suggest to me the United States and explosives, the latest of which re- If I had to sum up in one sentence the U.S. needs to take a very firm position with portedly occurred in December. national interest in the world, I would say respect to China. That is why I say I China’s continuing assistance and that it is promoting the security, well-being, am hopeful this decision that the provision of military technology to and expansion of the community of nations rogue regimes, including the case in- that respect the democratic rights of their Olympics go to China not be mistaken peoples. for U.S. support for what China has volving the Chinese firm that helped done. Iraq outfit its air defenses with fiber- China cannot become a member of As illustrated in recent press reports, optic equipment. this trusted family until there is a seri- China’s bid for that honor has been the China’s continuing purchases from ous change in the attitude of its leader- subject of much international atten- Russia of conventional weapons, in- ship. Indeed, China’s leaders systemati- tion. For example, the European Union cluding plans to purchase two addi- cally violate the most fundamental Parliament recently passed a resolu- tional Sovremenny destroyers armed rights of the Chinese people. Moreover, tion declaring that China’s bid is ‘‘in- with Sunburn anti-ship cruise missiles. they increasingly lack respect for the appropriate’’ and that it is ‘‘unsuit- There is no doubt that dealing with democratic rights of individuals vis- able’’ for the Games due to its ‘‘disas- China will continue to be a challenge. iting China, including U.S. citizens. trous record on human rights.’’ Whatever we do, we have to make The Chinese government seeks to The American government, however, sure that we don’t send signals to maintain absolute control over all do- chose to remain neutral on China’s China that we approve of these kinds of mestic political matters. It remains re- bid—a decision that I hope will not actions. Not standing in the way of sistant to what it considers inter- convey to China’s leaders a signal that their getting the Olympic games I hope ference in its internal affairs, threat- the United States is willing to blindly will not send that kind of a signal. ening the use of force, if necessary, to tolerate that country’s continuing fail- And there is no alternative. It is the achieve its objectives, including reuni- ure to abide by internationally-recog- world’s most populous nation (and big- fication with Taiwan. And China ac- nized norms of behavior. Consider just gest potential market); it has the tively pursues foreign policies that risk a few events of recent months: world’s largest armed forces; and it is a destabilizing the South China Sea. The collision of our reconnaissance permanent member of the U.N. Secu- In the long-term, our goal must be to plane with a Chinese fighter jet—the rity Council. Its economic and military live in peace and prosperity with the result of a Chinese pilot’s aggressive strength has grown a great deal in re- Chinese people; however, to do so re- flying. cent years, and is projected to continue quires that we reconcile the different China’s detention and interrogation to grow significantly in the coming aspirations of our governments. It is of our plane’s crew for nearly two decades. clear that many of the Chinese govern- weeks, and submission of a $1 million There are many areas of potential ment’s goals conflict with American bill to the United States. disagreement with other nations, such values, and it is important that we do China’s detention and arrest of as trade policy and human rights viola- not to compromise these values in American citizens and permanent resi- tions. But the one source of potentially dealing with the communist regime. S7714 CONGRESSIONAL RECORD — SENATE July 16, 2001 We should, instead, encourage China to military conflict. China should be cer- that its irresponsible behavior will be adopt a less aggressive and less threat- tain that we will help Taiwan resist tolerated by failing to enforce U.S. ening attitude through firm and prin- any aggression against it. laws requiring sanctions, or doing so in cipled interactions with that country’s We should make every effort to work ways deliberately calculated to under- leaders. with China, trade with China and seek mine the intent of the sanctions. For Since the formal establishment of greater understanding of our mutual example, China transferred M–11 mis- the People’s Republic of China in 1949, cultures—while, at the same time, ap- siles and production technology to the United States has purposely re- propriately dealing with all aspects of Pakistan in violation of the Missile mained ambiguous about the degree to China’s troubling behavior. This offers Technology Control Regime, despite which we recognize the governments in our greatest hope for maintaining a promising to adhere to that agreement. Beijing and Taipei. Our ‘‘One-China’’ balanced relationship near-term and U.S. law requires sanctions to be im- policy, dating back to the Shanghai helping to bring about change in the posed on nations that transfer tech- Communique of 1972, has served U.S. communist regime in the longer term. nology regulated by the MTCR. In 1993, strategic and economic interests, al- While reconciling our two very dif- the Clinton Administration imposed lowing the United States to peacefully ferent views about the relationship of a sanctions on China’s Ministry of De- retain ties with China and Taiwan. nation’s people to its government re- fense and eleven Chinese defense and On one subject, however, there quires patience, and even some short- aerospace entities for violations of Cat- should be no ambiguity—U.S. policy in term compromise, the United States egory 2 of the MTCR—despite the fact the event China should ever attack cannot remain true to its fundamental that the M–11 transfers were Category 1 democratic Taiwan. That is why I am belief in the natural rights of man violations—thereby imposing the mild- pleased that President Bush made very without promoting respect for human est form of sanctions possible. Then, in clear to China that the United States rights, the rule of law, and the embrace return for a Chinese promise in October will actively resist any such aggres- of democracy by all governments, in- 1994 not to export ‘‘ground-to-ground sion. Yet even those measures osten- cluding the government of China. missiles’’ covered by the MTCR, the sibly intended to eliminate any doubt There are five specific aspects of Chi- Clinton Administration waived the of our commitment to Taiwan have not na’s behavior that require a straight- sanctions. been so concrete. While we presented forward, firm response from United After the waiver, despite a steady Taiwan with an arms package that will States: China’s proliferation of bal- stream of press reports, Congressional help that island build its defensive listic missiles and weapons of mass de- testimony, and unclassified reports by forces, the United States cannot ensure struction; its threats and cor- the intelligence community that de- that Taiwan will ever receive the diesel responding military buildup opposite scribed China’s continued missile as- submarines that were included since we Taiwan; its threatening rhetoric and sistance to Pakistan, the Clinton Ad- do not build them and it remains un- missile buildup aimed at the United ministration did not impose sanctions clear as to whether another country States; its human rights abuses; and its as required by law. Assistant Secretary would be willing to provide a design for history of refusing to play by economic of State for Nonproliferation Robert them. rules. Einhorn said in Senate testimony in Additionally, President Bush chose China is perhaps the world’s worst 1997 that sanctions had not been in- not to include Aegis destroyers in this proliferator of the technology used to voked on China for the sale of M–11s to arms package, though he reserves the develop and produce ballistic missiles Pakistan because the Administration’s right to sell them in the future should and weapons of mass destruction. Bei- ‘‘. . . level of confidence [was] not suf- China continue or increase its bellig- jing has sold ballistic missile tech- ficient to take a decision that [had] erent behavior toward Taiwan. In light nology to Iran, North Korea, Syria, very far-reaching consequences.’’ The of China’s military exercises in the Libya, and Pakistan. It has also sold Clinton Administration appeared to South China Sea, perhaps now is the nuclear technology to Iran and Paki- have purposely set a standard of evi- time to seriously consider this option. stan. It has aided Iran’s chemical weap- dence so high that it was unattainable. We must be very clear in our own ons program and sold that nation ad- Madam President, China has prom- minds about our strategic intentions vanced cruise missiles. And it has sold ised six times during the past two dec- ades not to transfer missiles and mis- and just as clear in signaling these in- Iraq fiber-optic cables, and assisted sile technology—in 1988, 1989, 1991, 1992, tentions to China. The object is to with their installation between anti- 1994, and 2000—and six times has bro- avoid a situation in which China’s lead- aircraft batteries, radar stations, and ken its promises without any con- ers miscalculate and are tempted to command centers. sequences. It is no wonder that China use force against Taiwan in the mis- Chinese assistance has been vital to the missile and weapons of mass de- does not take seriously its obligations. taken belief that they won’t meet I recently joined several of my col- struction programs in these countries. resistence from the United States. leagues in sending a letter to President History is replete with examples of And because of this assistance, the Bush expressing concern about Bei- ambiguity fostering aggression. Per- American people and our forces and jing’s continuing proliferation activi- ceptions of American ambivalence con- friends abroad now face a much greater ties. The letter states: tributed to North Korea’s invasion of threat. The United States needs to impose The PRC’s most recent missile non- South Korea and Iraq’s invasion of Ku- proliferation promise was made on November wait, for example. sanctions on Chinese organizations and 21, 2000. China promised not to assist, in any We have also observed instances government entities for their prolifera- way, any country in the development of bal- where conflict never occurred because tion activities, as required by U.S. listic missiles that can be used to deliver nu- of the resoluteness of our stance. Our laws. Sanctions need not be the first or clear weapons, and to abide by the MTCR. unambiguous commitment to contain only tool used in the fight against pro- The PRC further pledged to issue export reg- Soviet expansion and defend our West- liferation. Nor, however, should this ulations covering dual-use technologies. ern European allies during the Cold tool grow rusty from disuse. As the However, no regulations have been promul- gated, and we are concerned that China has War enabled Western Europe to escape Washington Post noted in an editorial continued to transfer missile equipment and the grip of communism. And it led to on July 14, 2000, ‘‘China’s continuing technology in contravention of both the one of the greatest accomplishments in assistance to Pakistan’s weapons pro- MTCR and its November pledge. history: the West’s victory without war gram in the face of so many U.S. ef- In return for China’s November 2000 over the Soviet Empire. forts to talk Beijing out of it shows the pledge, the previous administration There is an old saying that, ‘‘There is limits of a nonconfrontational ap- ‘‘swept the decks clean,’’ sanctioning nothing wrong with making mistakes. proach.’’ We must back our frequent numerous Chinese entities for their ac- Just don’t respond with encores.’’ Let expressions of concern with actions if tivities and subsequently waiving those us not repeat the mistake—failing to our words are to be perceived as cred- sanctions. And again it appears as signal our commitment to defend our ible. though China may be continuing to friends and our interests—that has Unfortunately, the United States has transfer missile equipment and tech- many times led the United States to all too often sent a signal to Beijing nology. We do not need more empty July 16, 2001 CONGRESSIONAL RECORD — SENATE S7715 promises from China—we need action. creasing its force of short-range bal- cally. The second involved a joint It is important that the Bush Adminis- listic missiles opposite the island. Ac- navy, infantry, and air force landing on tration signal to China by imposing cording to an article in the Wall Street Dongshan Island. And the third, ac- sanctions required by U.S. non- Journal on April 23, U.S. defense offi- cording to the Chinese publication, proliferation statutes and making cials estimate that China currently has simulated a ‘‘counterattack against an them stick that the United States will 300 such missiles aimed at the island, enemy fleet attempting to intervene in no longer tolerate that country’s irre- and is increasing this number at a rate the war.’’ It was also reported that this sponsible proliferation activities. of 50 per year. final stage incorporated Russian- In addition to enforcing nonprolifera- China is also in the process of mod- bought SU–27 fighter aircraft. Thus far, tion laws, we should also resist efforts ernizing its air force and navy. The De- military experts state that China has to weaken controls on the export of fense Department’s June 2000 report had difficulty incorporating these air- dual-use technologies, which China can predicted that after 2005, ‘‘. . . if pro- craft into its arsenal, and its ability to use to further modernize its military, jected trends continue, the balance of do so indicates a significant improve- as well as transfer to other countries. air power across the Taiwan Strait ment in its ability to integrate mili- In particular, I am concerned that the could begin to shift in China’s favor.’’ tary operations. Export Administration Act of 2001 The same report warned, ‘‘China’s sub- Taiwan’s war-fighting skills are not would reduce the ability of the U.S. marine fleet could constitute a sub- nearly as advanced. For over twenty government to maintain effective ex- stantial force capable of controlling years, the United States has cut Tai- port controls on such items. sea lanes and mining approaches wan off from the intellectual capital An Asian Wall Street Journal op-ed around Taiwan, as well as a growing that should accompany the hardware published on March 19 by two research- threat to submarines in the East and we sell, thus reducing the readiness of ers at the Wisconsin Project on Nu- South China Seas.’’ that island’s forces. Our defense offi- clear Arms Control described how the In response to the growing threat and cials and military personnel need to be Chinese firm that helped Iraq outfit its Taiwan’s increasing vulnerability to an able work with their Taiwanese coun- air defenses with fiber-optic equipment attack, President Bush approved the terparts to ensure that they know how has purchased a significant amount of sale to Taiwan of some much-needed to use the equipment and they will be technology from U.S. firms and is seek- defensive military equipment. As capable of operating alongside U.S. ing to import more. For example, the noted, however, the sales are limited in forces. Increased interaction would bet- op-ed indicated that one such firm has practical effect and, in any event, must ter prepare Taiwan’s military to defend applied for an export license to teach be accompanied by proper training and itself in the event of a Chinese attack, this Chinese company how to build coordination with the U.S. military in reduce the possibility that the United high-speed switching and routing order to be useful in conflict. States would need to become involved equipment that will allow communica- In addition to the Chinese military’s in such a conflict, and inevitably save tions to be shuttled quickly across investment in hardware, Beijing has in- multiple transmission lines. The U.S. lives. creasingly focused on advanced train- This leads directly to the third area government should have the ability to ing methods, demonstrating joint-serv- deny exports of dual-use technology to of concern—China’s actions that di- ice war-fighting skills in its military rectly threaten America. China’s harsh a company such as the Chinese firm in exercises that are steadily altering the this case. rhetoric aimed at the United States is balance of power across the Taiwan accompanied by Beijing’s build-up of The second of five areas of concern is Strait. Over the past several years, China’s belligerent behavior toward long-range missiles targeted at our cit- these exercises have shifted from an in- ies, acquisition of anti-ship cruise mis- Taiwan. China is intent on gaining con- timidation tactic to a more serious ef- trol over that island—by force if nec- siles to counter U.S. carrier battle fort intended to prepare China for an groups, and development of essary—and is taking the necessary invasion of Taiwan. military preparations that would en- cyberwarfare and anti-satellite capa- Beijing’s amphibious exercises at bilities. China also understands the im- able it to do so. According to an article Dongshan Island in the Taiwan Strait published in the Washington Post on portance of aggressive intelligence op- have illustrated this increasing level of erations against the United States. April 27, Wu Xinbo, a professor at sophistication in war-fighting tactics In February 2000, the People’s Libera- Fudan University’s Center for Amer- and interoperability. A Chinese state- tion Army Daily, a state-owned news- ican Studies in Shanghai, stated: owned newspaper, Hong Kong Ming paper, warned the United States At this moment it’s very difficult to argue Pao, reported on June 1 that China’s against intervening in a conflict in the that there’s still a high prospect for a peace- Central Military Commission proposed ful solution of the Taiwan issue . . . From a Taiwan Strait, stating, Chinese perspective there has to be a solu- that these exercises be held near Tai- wan ‘‘in order to warn the United On the Taiwan issue, it is very likely that tion to Taiwan either way, peacefully or the United States will walk to the point with the use of force. Given [the] change in States and the Taiwan authorities not where it injures others while ruining itself U.S. policy . . . you have to give more weight to play with fire over the Taiwan . . . China is neither Iraq or Yugoslavia . . . to the second option.’’ issue.’’ Furthermore, according to the it is a country that has certain abilities of The ‘‘change’’ to which he was refer- same article, ‘‘the main aim of this ex- launching a strategic counterattack and the ring was the U.S. commitment to come ercise will be to attack and occupy Tai- capacity of launching a long-distance strike. to Taiwan’s defense articulated by wan’s offshore islands and to counter- Probably it is not a wise move to be at war President Bush. attack U.S. military intervention.’’ with a country such as China, a point which China’s threats have been backed by Another article in the state-owned U.S. policymakers know fairly well also.’’ rapid efforts to modernize its military. Hong Kong Wen Wei Po on June 4 stat- China is, in fact, continuing to in- The immediate focus of the moderniza- ed that the purpose of the exercise crease its capacity to launch a long- tion is to build a military force capable ‘‘not only includes capture of [the is- distance strike against the United of subduing Taiwan swiftly enough to lands around Taiwan], but also how to States. The Defense Department’s re- prevent American intervention. Ac- tenaciously defend these islands and port, Proliferation: Threat and Re- cording to the Department of Defense’s turn them into wedges for driving into sponse, states: Annual Report on the Military Power the heart of the enemy.’’ China currently has over 100 nuclear war- of the People’s Republic of China, re- According to an article in the New heads. . . While the ultimate extent of Chi- leased in June 2000, ‘‘A cross-strait York Times on July 11, the official Chi- na’s strategic modernization is unknown, it conflict between China and Taiwan in- nese publication, International Out- is clear that the number, reliability, surviv- volving the United States has emerged look Magazine, described in detail ability, and accuracy of Chinese strategic these recent ‘‘war games’’. The games missiles capable of hitting the United States as the dominant scenario guiding [the will increase during the next two decades. Chinese Army’s] force planning, mili- reportedly occurred in three stages. China currently has about 20 CSS–4 ICBMs tary training, and war preparation.’’ The first, information warfare, was in- with a range of over 13,000 kilometers, which To solidify its ability to launch an tended to paralyze enemy communica- can reach the United States. Some of its on- attack against Taiwan, China is in- tions and command systems electroni- going missile modernization programs likely S7716 CONGRESSIONAL RECORD — SENATE July 16, 2001 will increase the number of Chinese war- ourselves and our allies from an acci- human rights abuses in violation of inter- heads aimed at the United States. For exam- dental or deliberate missile launch and nationally accepted norms. These abuses ple, Beijing is developing two new road-mo- to eliminate the possibility of black- stemmed from the authorities’ extremely bile solid-propellant ICBMs. China has con- mail by hostile powers. As President limited tolerance of public dissent aimed at ducted successful flight tests of the DF–31 the Government, fear of unrest, and the lim- ICBM in 1999 and 2000; this missile is esti- Bush recently stated in a speech to the ited scope or inadequate implementation of mated to have a range of about 8,000 kilo- National Defense University, laws protecting basic freedoms . . . Abuses meters. Another longer-range mobile ICBM We must seek security based on more than included instances of extrajudicial killings, also is under development and likely will be the grim premise that we can destroy those the use of torture, forced confessions, arbi- tested within the next several years. It will who seek to destroy us. . . . We need a new trary arrest and detention, the mistreatment be targeted primarily against the United framework that allows us to build missile de- of prisoners, lengthy incommunicado deten- States.’’ fenses to counter the different threats of to- tion, and denial of due process. day’s world. To do so, we must move beyond China’s military has also taken steps According to an Amnesty Inter- to improve its capability to counter the constraints of the 30 year old ABM Trea- ty. This treaty does not recognize the national report on June 7, China has U.S. carrier battle groups, in response present, or point us in the future. It en- executed at least 1,781 persons during to its encounter with the U.S. Navy in shrines the past. No treaty that prevents us the past 3 months—more than the total 1996. It has acquired two Sovremenny from pursuing promising technology to de- number of executions worldwide over destroyers from Russia armed with fend ourselves, our friends and our allies is the past 3 years. Moreover, the report Sunburn anti-ship cruise missiles, and in our interests or in the interests of world indicates that 2,960 people have been according to an article in the Wash- peace. sentenced to death in China during this ington Times on May 4, plans to pur- Second, the United States needs to brief time period. chase two more. These weapons were develop better anti-ship cruise missile What is the significance to the designed to attack U.S. carriers and defenses. Systems to counter the cruise United States of such abuses? First, Aegis ships during the Cold War and missile threat have lagged behind the they are not only directed at Chinese are a significant improvement to the level of that threat, despite the fact citizens; they are also directed at Chinese Navy’s capabilities in this that, according to the U.S. Navy, over Americans. Second, if China is to be- area. 75 nations possess more than 90 dif- come a reliable member of the inter- In addition to its buildup of conven- ferent types of anti-ship cruise mis- national community, it must begin to tional and nuclear weapons, China’s siles. adhere to accepted norms of behavior. military is also placing an emphasis on We must also prepare for China’s po- In this regard, China’s leaders seem to information warfare, including com- tential use of information warfare. It is be oblivious to the understanding that puter network attacks and anti-sat- important that we find ways to protect all people deserve certain basic free- ellite operations. In September 2000, our computer networks from hacking, doms and that violation of such funda- the U.S. Navy identified China, among to eliminate future lapses in security, mental rights is an appropriate con- several others, as having an acknowl- as most recently occurred at Sandia cern of the United States and the world edged policy of preparing for National Laboratory in Mexico. Ac- at large. For example, when questioned cyberwarfare and as rapidly developing cording to an article in the Washington by the Washington Post about China’s its capabilities. In fact, an article in Times on March 16, this attack has detention of several Americans, Chi- the People’s Liberation Army Daily in been partially attributed to hackers nese President Jiang Zemin stated, 1999 stated that the Chinese military with links to the Chinese government. ‘‘. . . the United States is the most de- planned to elevate information warfare The United States should also de- veloped country in the world in terms to a separate service on par with its velop defenses against China’s ASAT of its economy and it high-tech; its army, navy and air force. weapons. As the Commission to Assess military is also very strong. You have Also of great concern is the Chinese United States National Security, Space a lot of things to occupy yourself with military’s development of a broad Management and Organization recently . . . why do you frequently take special range of counterspace measures, in- concluded: interest in cases such as this?’’ cluding an anti-satellite (ASAT) capa- The present extent of U.S. dependence on Jiang Zemin’s perplexity speaks vol- bility. According to China’s Strategic space, the rapid pace at which this depend- Modernization: Implications for the ence is increasing and the vulnerabilities it umes. Until the Chinese leadership un- United States, written by Mark creates, all demand that U.S. national secu- derstands why Americans and most of Stokes, ‘‘Chinese strategists and engi- rity space interests be recognized as a top the rest of the world make such ‘‘a big neers perceive U.S. reliance on commu- national priority. deal’’ over denial of the rule of law, it nications, reconnaissance, and naviga- With this goal in mind, Secretary will be hard to reach a reconciliation of tion satellites as a potential Achilles’ Rumsfeld recently announced a reorga- our mutual aspirations. For example, heel.’’ The Defense Department’s June nization of our Nation’s space pro- the Chinese government’s continued 2000 report warned that China may al- grams. Moreover, President Bush, rec- detention of two American citizens and ready possess the capability to damage ognizing U.S. reliance on our network two U.S. permanent residents—Gao optical sensors on satellites and fur- of satellites for civilian and military Zhan, Wu Jianmin, Li Shaomin, and thermore, that it may have acquired uses, has stressed the need for ‘‘great Tan Guangguang—is unacceptable, and high-energy laser equipment and tech- effort and new spending’’ to protect our should be much more the focus of offi- nical assistance that could be used in satellites from attack. cial U.S. government attention. One of the development of ground-based ASAT Of course, our ability to defend these individuals, Li Shaomin was con- weapons. against China’s increasing military ca- victed of espionage on July 14 and is An article in Jane’s Missiles and pabilities is largely dependent on our expected to be deported from China. Rockets on May 1 confirmed the De- knowledge of their development. We With regard to the others, China has fense Department’s warning, stating must do a better job of ascertaining failed to present evidence of wrong- that China’s state-run press reports in- Chinese government plans and inten- doing or illegal activity, or indicate dicate that country is, in fact, devel- tions (and proliferation activities) and when their cases might begin to move oping an ASAT capability. It is cur- improve our counterintelligence vis-a- forward. rently in the ground-testing phase and vis China. President Bush addressed China’s de- will start flight testing in 2002. The fourth area of concern is the Chi- tention of Americans in a phone con- In light of China’s threatening rhet- nese government’s deplorable human versation with Chinese President Jiang oric and its efforts to acquire the capa- rights record that, according to the Zemin on July 6, making clear that bilities that could allow it to carry out State Department’s Country Reports they should be ‘‘treated fairly and re- those threats, we must begin to imple- on Human Rights Practices, has con- turned promptly.’’ These words need to ment a broad range of measures that tinued to deteriorate over the past be reinforced with actions. While the will safeguard our national security. year. The report states: State Department issued a travel advi- First, we need to develop and deploy The [Chinese] Government continued to sory in March to American citizens and a missile defense system to protect commit widespread and well-documented permanent residents of Chinese descent July 16, 2001 CONGRESSIONAL RECORD — SENATE S7717 traveling to China who have connec- by domestic Chinese firms. Such bar- the United States for China to fail to tions to Taiwan or have openly criti- riers make it difficult for U.S. compa- live up to its commitments not to cized the Chinese government, we can nies to penetrate China’s market. The block Taiwan’s entry to the WTO as a also deny visas to Chinese officials, result is a surging U.S. trade deficit be- separate customs territory, Chinese seek international sanctions, and con- tween us, reaching $85 billion in 2000. Taipei, not a customs territory of tinue to link an improvement in On June 1, President Bush submitted China. human rights to other policies, as we to Congress a determination extending Mr. President, let me briefly recap did with the Soviet Union and Eastern normal trade relations status to China the concerns I have raised today re- Europe. for another year, allowing that coun- garding China’s proliferation of bal- As I mentioned earlier, I am con- try’s WTO (World Trade Organization) listic missiles and weapons of mass de- cerned that our government’s neu- negotiations to continue. Not until struction, its threats and military trality on Beijing’s ultimately success- these negotiations are completed and buildup opposite Taiwan and the ful bid to host the 2008 Olympic Games China has acceded to the WTO will the United States, it human rights abuses, may send a signal of U.S. tolerance of permanent normal trade status ap- and its history of failing to play by ac- China’s inappropriate behavior. With proved by the 106th Congress take ef- cepted economic rules. the Secretary of State visiting China fect. I believe our policy toward China to help prepare for the President’s trip In June, China took a significant should be one of strength and firmness, this fall, there is an opportunity to re- step toward WTO accession by com- with friendly intentions, but never inforce our opposition to the repressive pleting its bilateral WTO agreement compromising U.S. principles. In the behavior of China’s leaders. While some with the United States. That country long-term, our goal must be to live in hope otherwise, it seems unlikely that must now complete bilateral negotia- peace and prosperity with the Chinese the International Olympic Commit- tions with Mexico and resolve several people; however, to do so requires that tee’s choice of Beijing will bring about outstanding issues related to its multi- China’s leaders begin to alter their be- positive change in the communist re- lateral agreement before its accession havior. As Robert Kagan and William gime. In fact, I fear that the decision package proceeds to the WTO’s Work- Kristol wrote on April 16 in the Weekly could serve to strengthen the standing ing Party, and then to the WTO’s Gen- Standard, with regard to China’s han- of China’s communist leaders in the eral Council, for approval. dling of the collision of our reconnais- world, as the 1936 Games glorified and As a member of the WTO, China will sance plane and China’s fighter jet, emboldened Nazi Germany. be required to play by the same rules ‘‘China hands both inside and outside The only hope for a positive result of as all other members. China’s member- the government will argue that this China hosting the games is a concerted ship in this organization has the poten- crisis needs to be put behind us so that effort by our government, Europeans tial to improve our trading relation- the U.S.-China relationship can return (and others) and human rights groups ship, benefitting many American busi- to normal. It is past time for everyone using the occasion to push China’s nesses and consumers, as long as China to wake up to the fact that the Chinese leaders. The multitude of media cov- holds to its agreements. behavior we have seen is normal.’’ To ering the games can also help. Finally, we expect that China’s ac- conduct business as usual with a com- During the 1980’s President Reagan cession to the WTO will be imme- munist regime that mistreats its peo- was a champion for human rights, diately followed by Taiwan’s accession ple and threatens the security of Amer- standing up for freedom, democracy, to this organization. Last September, I icans and our allies would be a derelic- and civil society. He passionately received a letter from President Clin- tion of our duty as a world leader. We spoke of American values and univer- ton that responded to a letter I sent have no higher obligation than the pro- sally-recognized rights, and more im- him in July 2000 (along with 30 other tection of Americans, and the support portantly, backed his words with ac- Senators), that sought assurances that of our friends and allies, including Tai- tion. In his 1982 ‘‘Evil Empire’’ speech his Administration remained com- wan, which stands to lose the freedoms before the British House of Commons, mitted to Taiwan’s entry to the WTO it has worked so hard to sustain in face President Reagan stated: under terms acceptable to Taiwan. In of resistance from China’s communist While we must be cautious about forcing the letter the former President stated regime. the pace of change, we must not hesitate to that, ‘‘My administration remains During his ‘‘Sinews of Peace’’ address declare our ultimate objectives and to take firmly committed to the goal of WTO in 1946, Winston Churchill stated, concrete actions to move toward them. We General Council approval of the acces- Our difficulties and dangers will not be re- must be staunch in our conviction that free- sion packages for China and Taiwan at moved by closing our eyes to them. They dom is not the sole prerogative of a lucky the same session.’’ The letter went on will not be removed by mere waiting to see few but the inalienable and universal right of to say that ‘‘China has made clear on what happens; nor will they be removed by a all human beings. policy of appeasement. many occasions, and at high levels, This is the course we must chart in that it will not oppose Taiwan’s acces- As it has so often been said, those the coming years. China must under- sion to the WTO.’’ However, the Presi- who ignore history are condemned to stand that a friendly, productive rela- dent acknowledged that, ‘‘China did repeat it. In the face of obvious bellig- tionship with the United States can submit proposed language to their erency and determination to impose a only be based upon mutually shared working party stating that Taiwan is a different set of rules by China’s leader- values. Beijing’s human rights abuses separate customs territory of China,’’ ship, the United States must not re- are anathema to the American people, but went on to say that it had ‘‘advised peat the mistakes of the past. We can- and relations cannot reach their full the Chinese that such language is inap- not stand idle or look away in the face potential as long as the communist propriate and irrelevant to the work of of the Chinese behavior and rhetoric I government continues to violate the the working party and that we will not have discussed. most fundamental rights of worship, accept it.’’ There is no doubt that China will peaceful assembly, and open discourse. Further, in a September 2000 letter to play a larger role on the world stage in A failure to reconcile this most basic the coming years. Our goal must be to Senators LOTT and DASCHLE, President attitude will result in continued Clinton stated: ensure that China’s leaders do not as- strained relations. sume that this heightened stature The final area of concern is that, in . . . I am confident we have a common un- derstanding that both China and Taiwan will grants them the right to attack Tai- addition to its violation of other inter- be invited to accede to the WTO under the wan or be a force for belligerency and national norms, China has a history of language agreed to in 1992, namely as the instability in the world. failing to play by accepted economic Separate Customs Territory of Taiwan, Dealing with China will be a chal- rules, placing an extensive set of re- Penghu, Kinmen and Matsu (referred to as lenge, but America does not fear chal- quirements on companies that wish to ‘‘Chinese Taipei″). The United States will lenge. Our greatest hope for change re- do business in China and imposing an not accept any other outcome. mains, as it has always been, to stand array of trade barriers on imports that We must continue to make clear to firmly as a force for peace and compete directly with products made China that it would be unacceptable to progress, and to champion no less for S7718 CONGRESSIONAL RECORD — SENATE July 16, 2001 the people of other countries what we Second, our legislation ensures that cently is that the Medicare Program guarantee for our own citizens. I am the program is inside the Medicare probably paid out $50,000 or $60,000 for confident that, if we make clear our Program. It is a part of the Medicare the costs associated with hospitalizing friendly intentions to China and follow Program because, as the Presiding Offi- a patient to get prescription drug cov- through with actions that reinforce our cer of the Senate knows, the alter- erage rather than making this benefit words, Beijing will, in time, respond native is to in effect begin the privat- available on an outpatient basis the positively, Taiwan will continue to ization of Medicare and the prescrip- way I and Senator SNOWE and the Pre- flourish, and China can be welcomed as tion drug benefit. It is essential that siding Officer have sought to do for so a peaceful and productive member to this program be an integral part of many years. the community of nations. Medicare. That is something that Sen- Very often, when I am out around the I express the hope that by holding ator SNOWE and I have felt very strong- country, people come up to me. They those games in Beijing, the media, ly about. say: RON, can this country afford pre- human rights organizations, and others The third part of the legislation en- scription drug coverage? We are going will work to hold the Chinese leader- sures that older people will have bar- to have this demographic sunami. Are ship accountable for what goes on in gaining power to help make prescrip- we going to be able to afford to cover that nation. tion drugs in this country more afford- all of these older people? The PRESIDING OFFICER. The Sen- able. Older people today are in effect I think what we have learned here is ator from Oregon. hit by a double whammy. Prescription that very clearly this country can’t af- Mr. WYDEN. Madam President, be- drugs are not covered by the Medicare ford not to cover prescription drugs. fore he leaves the floor, I want to ex- Program, of course, and they haven’t We can’t afford to allow the repetition press my thanks to the Senator from been since the program began in 1965. of what happened in Washington Coun- Arizona. Because of his thoughtfulness, When an older person isn’t able to af- ty in Oregon and across this country I am able to speak now. I want him to ford prescription drugs and has no pri- where so many older people could have, know I very much appreciate that. vate coverage, when they go to a phar- with modest prescription drug assist- f macy—in effect that senior citizen is ance, prevented much more serious ill- subsidizing the person who gets their nesses. And I could cite one drug after PRESCRIPTION DRUGS prescription drugs through a group another tonight. Mr. WYDEN. Madam President, to- plan. An individual who is fortunate Strokes are a very important health morrow I intend to introduce bipar- enough to have bargaining power be- concern for older people. The cost of tisan prescription drug legislation with cause they have insurance coverage, in caring for a person who has had a the senior Republican on the Senate effect is subsidized by the older person stroke can be $125,000 or $150,000. But Finance Committee’s Subcommittee on who has no coverage at all. we have many drugs available that Health, Ms. OLYMPIA SNOWE of Maine. Our legislation ensures that older help prevent strokes that cost $800 or For more than 3 years, Senator SNOWE people would have an opportunity to $1,000 a year. and I have teamed up in an effort to ad- have real bargaining power. This is key So the hour is late, and I am not dress this prescription drug issue, of for the millions of older people who going to go through one example after which the Presiding Officer is acutely spend well over a third of their income another. But I would say, what Senator aware. It is one of the most vexing and on prescription drugs. SNOWE and I are trying to do is break contentious of all issues. We have been Finally, our legislation is voluntary. the gridlock on this issue. I have been trying to address it in a bipartisan We want to make sure that the mes- at it for more than 3 years now with fashion. Perhaps no issue in the last sage goes out far and wide that any Senator SNOWE. We got a majority of political campaign generated more older person who is comfortable with the Senate, in the last Congress, to controversy, more attack ads on both their prescription drug coverage today vote for funding a prescription drug sides, and more bitterness rather than can just keep it and in no way would be program that, frankly, is much broader thoughtful discussion than the ques- required or coerced to alter the pre- than what we are talking about now. tion of prescription drugs for seniors. scription drug coverage with which Senator SNOWE and I were able to get The reason Senator SNOWE and I are they are comfortable. If they have a re- over 50 Members of the Senate to vote moving now with the introduction of tirement package, or in some way get for a tobacco tax to cover a prescrip- our bipartisan legislation tomorrow is this assistance, our legislation would tion drug program. that we are hopeful that when the Sen- not in any way alter what they are re- We are not talking about that at all ate Finance Committee takes up the ceiving. here. In the budget resolution we have prescription drug legislation issue at Having had the privilege of working $300 billion to start a prescription drug this month, the legislation we have put with the Presiding Officer on health program. I believe a properly designed together can serve as a template, a be- care legislation over the years, I am prescription drug program would cause ginning, for a bipartisan effort to ad- pleased that I have a chance tonight to future Congresses to make available dress this issue. describe our bipartisan bill with you in additional funds to meet this pressing Our legislation marries what I think the Chair. need. The challenge today is to look at are the core principles that Democratic I think we all understand that there some of the sensible ideas that Senator Members of this body have advocated is no one who has studied the health DASCHLE, the majority leader, has ad- with certain key principles that Repub- care system today—not a Democrat or vocated, such as a defined benefit, en- licans have felt very strongly about as a Republican—if they were redesigning suring that the program is inside Medi- well. I want to discuss briefly tonight Medicare, who wouldn’t include a pre- care, providing bargaining power for how our legislation does that. scription drug benefit. older people, and marrying the sensible The legislation that I drafted with A physician in Washington County in ideas Senator DASCHLE has talked Senator SNOWE, for example, has a de- my home State of Oregon wrote me not about with some of the Republican fined benefit, which is absolutely key long ago saying that he put a senior ideas that promote choice and competi- for the Nation’s senior citizens. The al- citizen in the hospital for 6 weeks be- tion. ternative is what is known as a defined cause that person couldn’t afford their As I have said to my colleagues on contribution—a sort of a voucher medicine on an outpatient basis. Medi- other occasions, we have a precedent which you hand an older person, or a care Part A, of course—the hospital for doing that. One of the accomplish- family with sort of a wish and a hope portion of the Medicare Program—cov- ments of which I am proudest is to that maybe they will get meaningful ers prescription drugs. If the older per- have been the sponsor, when I was in benefits. son goes into the hospital, Medicare the House of Representatives, of the What Senator SNOWE and I have Part A will write out that check, no Medigap legislation which really done—which has been extraordinarily questions asked. Medicare Part B, of drained the swamp of so many ques- important to Senator DASCHLE, and course, has no outpatient prescription tionable private insurers selling senior correctly so, in my view—is to make drug benefit. citizens policies that really were not sure that under our legislation every What happened in Washington Coun- worth the paper on which they were senior would get these defined benefits. ty, in my home State of Oregon, re- written. July 16, 2001 CONGRESSIONAL RECORD — SENATE S7719 I remember back in the days when I troduced. The senior Senator from I would like to see just a tiny frac- was Co-director of the Oregon Gray Florida, Mr. GRAHAM, for example, has tion of the millions of dollars that were Panthers, we would visit seniors and talked at length with me about this spent on attack ads during the last po- they would have a shoe box full of issue and has a fine bill. I think there litical campaign on this issue spent on these policies. They would have seven are a variety of ways the Senate Fi- trying to bring Democrats and Repub- or eight private policies. They, in ef- nance Committee, under the leadership licans—Members of Congress across the fect, were wasting money on junk that of Senator BAUCUS, can take these bills political spectrum —together on this could have been used to meet their and bring the Finance Committee issue. That is what older people de- heating bills or their other health Democrats and Republicans together serve. needs. We drained that swamp, and we and break this gridlock on a vital Every month that this issue drags on did it through a Medigap law, by ensur- issue. is a month where older people—who are ing that seniors had meaningful I know of few issues that are more walking an economic tightrope, having choices and strong consumer protec- important at this point to American to balance their fuel needs against tions. families than prescription drugs. I their medical needs—have to worry So we have an example of how you think we all understand that with a about how they are going to pay for can create choice and alternatives and well crafted prescription drug program, their essentials. The Presiding Officer promote competition, and do it in the this country can take a significant step understands that very well. I look for- context of the Medicare Program. You forward towards meaningful Medicare ward to working with her and all of our do not have to go out and privatize this reform. colleagues on a bipartisan basis. program that has been a lifeline for I say to the Presiding Officer, the With that, Madam President, I yield millions of older people in order to cre- hour is late, and you have been gra- the floor. ate choice and competition. You can do cious to allow me, along with the Democratic leader, this extra time. I it within the Medicare Program, which f is what I am seeking to do with the intend to keep coming back to this senior Senator from Maine, the rank- Chamber again and again and again ADJOURNMENT UNTIL 9 A.M. ing Republican on the Finance Sub- throughout this Congress to, in effect, TOMORROW committee on Health Care, Ms. OLYM- proselytize—I use that word delib- PIA SNOWE. erately—with my colleague from The PRESIDING OFFICER. Under Our hope is that when the Senate Fi- Maine, Senator SNOWE, for a bipartisan the previous order, the Senate stands nance Committee gets together this effort on this issue. It has dragged on in adjournment until 9 a.m. tomorrow. month, on a bipartisan basis, they will too long. There has been too much par- Thereupon, the Senate, at 5:45 p.m., look at our legislation, along with the tisan bickering and squabbling sur- adjourned until Tuesday, July 17, 2001, other very good bills that have been in- rounding this issue. at 9 a.m. July 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1333 EXTENSIONS OF REMARKS

TRIBUTE TO 2001 LEGRAND SMITH AGRICULTURE, RURAL DEVELOP- ish Family and Children’s Service of Greater SCHOLARSHIP FINALISTS MENT, FOOD AND DRUG ADMIN- Monmouth County is holding a dinner and trib- ISTRATION, AND RELATED ute at Temple Beth El of Oakhurst to honor AGENCIES APPROPRIATIONS Ruth Hyman. Ruth will have the distinction of HON. NICK SMITH ACT, 2002 receiving an Ad Journal for her work as a phi- lanthropist and her support of Jewish causes OF MICHIGAN SPEECH OF in the area, as well as in Israel. IN THE HOUSE OF REPRESENTATIVES HON. SAXBY CHAMBLISS Ruth, close friend of mine, was born in my hometown of Long Branch, New Jersey into a Monday, July 16, 2001 OF GEORGIA family of four boys and four girls. She says IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Michigan. Mr. Speaker, it is a that her parents’ direction and teachings of sincere pleasure to recognize the finalists of Thursday, July 12, 2001 tzedakah, menschlichkeit, and the Torah guid- ed her to be the person that she is today. the 2001 LeGrand Smith Scholarship Pro- The House in Committee of the Whole gram. This special honor is an appropriate House on the State of the Union had under Ruth’s teachings as a child can well be tribute to the academic accomplishment, dem- consideration the bill (H.R. 2330) making ap- seen in her community involvement. She is a onstration of leadership and responsibility, and propriations for Agriculture, Rural Develop- life member of Daughters of Miriam, charter commitment to social involvement displayed ment, Food and Drug Administration, and and life member of the Central Jersey Jewish by these remarkable young adults. We all Related Agencies programs for the fiscal Home for the Aged, founder and past chair- year ending September 30, 2002, and for other person of the Federation Women’s Business have reason to celebrate their success, for it purposes: is in their promising and capable hands that and Professional Division, benefactor and Mr. CHAMBLISS. Mr. Chairman, I fully sup- our future rests: board member of the Jewish Community Cen- port H.R. 2330, because it provides funding ter, and an active member of B’nai Brith, Jonathan Andert of Battle Creek, Michigan. for programs that will help assure the vitality of AMIT, and Congregation Brothers of Israel. Jared Bignell of Reading, Michigan. agriculture in America and particularly in Geor- For the past twenty-five years Ms. Hyman has gia. This bill allocates funding for essential been the Chairperson of the Women’s Division Rachel Carpenter of Eaton Rapids, Michi- programs, which allow further development of Israel Bonds, and for the past twenty-six gan. and progress in food production. In addition, years she has been the president of the Long Leslie DeBacker of Pittsford, Michigan. H.R. 2330 provides financial support for agri- Branch Hadassah. Jeremy Fielder of Blissfield, Michigan. cultural research that is crucial for finding solu- This is not the first time that Ruth will be tions that will allow and promote more cost-ef- honored for her service to the community. Andrew Grasley of Deerfield, Michigan. fective production methods and higher quality Ruth has received the Service Award from the Nicole Hephner of Hillsdale, Michigan. results. Jewish Federation Women’s Campaign, Lindsay Karthen of Lansing, Michigan. By allocating funding for research, this bill Woman of Valor of the Long Branch chapter will help resolve problems inhibiting produc- of Hadassah, Israel Bonds Golda Meir Award Gabriel Lopez-Betanzos of Lansing, Michi- tivity and development. More specifically, re- and the Ben Gurion Award, Lay Leader of the gan. search in pest and disease control, such as Year by the Jewish Federation, and the Ha- Alison McMullin of Battle Creek, Michigan. nematode and tomato spotted wilt disease re- dassah National Leadership Award. The com- Timothy Miller of Quincy, Michigan. search will enhance strategies used to combat munity cannot express the debt that we owe crop yield losses. Also, funding is included for to my friend Ruth who has shown us all that Julie Porter of Addison, Michigan. the development of more efficient agricultural selflessness will never go unrecognized. Josh Richardson of Brooklyn, Michigan. water usage that is critical to locations in I want to personally thank Ruth Hyman for south Georgia where agricultural water usage Meghan Sifuentes of Charlotte, Michigan. being a leader of the Jewish community and comprises 50% of all water consumed. Fur- an excellent role model for our youth. Anna Watkins of Coldwater, Michigan. thermore, the bill includes funding for the im- Janine Woods of Marshall, Michigan. provement of cotton fiber quality. Funding is f necessary for purchasing equipment that The finalists of the LeGrand Smith Congres- would be used in developing a research cotton CONGRATULATIONS TO SERGEANT sional Scholarship Program are being honored micro gin for evaluation of cotton fiber in Geor- HAROLD F. ADKISON CHAPTER for showing that same generosity of spirit, gia. Also, funding for pecan scab research is OF THE KOREAN WAR VETERANS depth of intelligence, and capacity for human important to explore diseases that limit and in- ASSOCIATION UPON RECEIVING service that distinguished the late LeGrand hibit pecan production. THEIR FORMAL CHARTER Smith of Somerset, Michigan. They are young Support for these research efforts, coupled men and women of character, ambition, and with funding for promotional and marketing ef- HON. LINDSEY O. GRAHAM initiative, who have already learned well the forts, will help enable farmers to practice more value of hard work, discipline, and commit- OF SOUTH CAROLINA efficient methods and minimize the dev- IN THE HOUSE OF REPRESENTATIVES ment. astating losses with which they have become Monday, July 16, 2001 These exceptional students have consist- all too familiar. I urge my colleagues to vote ently displayed their dedication, intelligence, for this bill and support American Agriculture. Mr. GRAHAM. Mr. Speaker, I rise today to and concern throughout their high school ex- f congratulate the Sergeant Harold F. Adkison perience. They are people who stand out Chapter of the Korean War Veterans Associa- among their peers due to their many achieve- TRIBUTE TO RUTH HYMAN tion for recently receiving their formal charter. ments and the disciplined manner in which On June 25, 2001, as a result of their tireless they meet challenges. While they have already HON. FRANK PALLONE, JR. efforts, this chapter was officially established. accomplished a great deal, these young peo- OF NEW JERSEY This chapter had fifty charter members be- ple possess unlimited potential, for they have IN THE HOUSE OF REPRESENTATIVES fore its petition for a charter was submitted, an learned the keys to success in any endeavor. unprecedented show of commitment. For this, I am proud to join with their many admirers in Monday, July 16, 2001 the Sergeant Harold F. Adkison Chapter extending our highest praise and congratula- Mr. PALLONE. Mr. Speaker, I would like to should certainly be commended. tions to the finalists of the 2001 LeGrand call the attention of Congress to an event on America’s Armed Forces are exceptional, Smith Congressional Scholarship Program. Thursday, August 16 in New Jersey. The Jew- because unlike other nations our military not

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 03:12 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JY8.000 pfrm03 PsN: E16PT1 E1334 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 2001 only defends the homeland and our people, gressional Scholarship. This honor is also a Lion’s Club. He has served as chairman of the but we protect the freedom of all men. In testament to the parents, teachers, and others Treutlen County Hospital Authority for 22 World War I, World War II, Korea, Vietnam, whose personal interest, strong support and years. and in the Desert Storm our men and women active participation contributed to her success. Senator Gillis, a widower is the father of two have gone to fight for freedom. To this remarkable young woman, I extend my sons, Hugh Jr. and Donald; and a daughter, The Korean War, regrettably, has often most heartfelt good wishes for all her future Jean Marie. By profession, he is a farmer and been referred to as the ‘‘forgotten war’’ be- endeavors. timber grower. cause it came so quickly after World War II f Mr. Speaker, I am pleased to call to the at- and was overshadowed on the homefront by tention of the House of Representatives the the Vietnam War and its associated protests. PAYING TRIBUTE TO SENATOR many accomplishments that have followed in At the outbreak of hostilities, many feared that HUGH GILLIS, SR. the path of Senator Gillis’ career. I am privi- this tiny peninsula would be the setting for the leged to know such a dedicated and upstand- eruption of World War III as the United Na- HON. SAXBY CHAMBLISS ing citizen and to call him my good friend. I tions joined with the United States and the Re- OF GEORGIA thank him for his efforts to improve the lives public of South Korea to stop the invasion of IN THE HOUSE OF REPRESENTATIVES of so many others across Georgia. the North Koreans backed by both the Soviet Monday, July 16, 2001 f Union and the People’s Republic of China. The great sacrifice to the world made by the Mr. CHAMBLISS. Mr. Speaker, I rise today TRIBUTE TO MAJOR GENERAL members of this newly established chapter of to pay tribute to Senator Hugh Marion Gillis, ROBERT L. NABORS the Korean War Veterans Association, and Sr. for his dedicated service to his country and their more than 54,000 peers, was a huge gift to the state of Georgia. This year Senator HON. FRANK PALLONE, JR. to the cause of freedom. As the Korean War Gillis his attained a distinction achieved by no OF NEW JERSEY Veterans Memorial on the Mall reads: ‘‘Our other member of the Georgia House or the IN THE HOUSE OF REPRESENTATIVES Senate and only one other state legislator in nation honors her sons and daughters who Monday, July 16, 2001 answered the call to defend a country they the nation by completing 50 years of service never knew and a people they never met.’’ in the Georgia General Assembly. Mr. PALLONE. Mr. Speaker, I rise today in The charter members of this new chapter Senator Gillis comes from a proud family honor of Major General Robert L. Nabors, as should be proud of their sacrifices to defend tradition of public service. Without opposition he relinquishes his command of CECOM and freedom. Many of them lost friends to the hor- he won the Senate seat that his father left and Fort Monmouth in New Jersey. rors of combat. Their lives were changed in was then elected President Pro Tem, a seat Major General Nabors 35 years of military ways that no one can imagine, but they also his father too held. Senator Gillis served 12 accomplishments will be honored at the retire- changed the world in ways that we all can years as a member of the House of Rep- ment and change of command ceremony on clearly see. resentatives from 1941–44, and again from Friday July 20, 2001. This decorated officer I ask my colleagues to join me in congratu- 1949–56, and he first served in the Senate has been a valuable member of the armed lating these veterans on the establishment of from the 16th District in 1957–58 and returned forces. He has helped spearhead the develop- the Sergeant Harold F. Adkison Chapter and as the Senator from the 20th in 1963, where ment of advanced command, control, commu- in thanking them for their outstanding service he has served with dedication and diligence nications and electronic welfare technologies to our nation. We owe them a tremendous for 38 consecutive years. essential for transforming the Army. His mili- debt of gratitude, one that we can never Gillis was born in Soperton where he grad- tary awards include the Defense Superior repay. uated from Soperton High School and then Service Medal, Legion of Merit with four Oak f went on to study at Georgia Military College Leaf Clusters, the Bronze Star medal and and earn a B.S. degree in agriculture from the many more. TRIBUTE TO TRACY EGNATUK OF University of Georgia. Major General Nabors grew up in Lacka- ALBION, MI, LEGRAND SMITH It has been said that ‘‘Nearly all men can wanna, N.Y. He received a Bachelor of SCHOLARSHIP WINNER stand adversity, but if you want to test a man’s Science in systems Engineering from the Uni- character, give him power.’’ versity of Arizona and is a graduate of the HON. NICK SMITH Senator Gillis has stood up to the challenge Senior officials in National Security Program at OF MICHIGAN of leadership and power with wisdom and hu- Harvard University. IN THE HOUSE OF REPRESENTATIVES mility to be one of the most respected politi- Major General Robert L. Nabors has done cians of Georgia. this country a great service. He has been a Monday, July 16, 2001 He has served in the General Assembly leader for this community and for those he has Mr. SMITH of Michigan. Mr. Speaker, it is longer than any other Senator currently in of- commanded over the past 35 years. I would with great respect for the outstanding record fice. Senator Gillis is by all accounts the na- like to personally thank Major General Nabors of excellence she has compiled in academics, tion’s longest-serving legislator. His combined for his dedication and service to our nation leadership and community service, that I am Senate and House terms exceed 50 years. In and community. I ask my colleagues to join proud to salute Tracy Egnatuk, winner of the his years of service, Senator Gillis has served me in recognizing this great man. 2001 LeGrand Smith Congressional Scholar- as the Chairman of the Senate Natural Re- f ship. This award is made to young adults who sources Committee and a member of the influ- have demonstrated that they are truly com- ential Appropriations Committee. Other com- TRIBUTE TO CALIFORNIA’S SEN- mitted to playing important roles in our Na- mittees Senator Gillis has served on are the IOR SUPREME COURT JUSTICE, tion’s future. Reapportionment Committee and the Finance THE LATE STANLEY MOSK As a winner of the LeGrand Smith Congres- and Public Utilities Committee as well as the sional Scholarship, Tracy is being honored for Economic Development, Tourism and Cultural HON. ROBERT T. MATSUI demonstrating that same generosity of spirit, Affairs Committee. He has also served for six OF CALIFORNIA intelligence, responsible citizenship, and ca- years as the Senate President Pro-Tempore, IN THE HOUSE OF REPRESENTATIVES pacity for human service that distinguished the the highest-ranking Senate official next to the late LeGrand Smith of Somerset, Michigan. Lieutenant Governor. Monday, July 16, 2001 Tracy is an exceptional student at Albion Senator Gillis is known for his legislative Mr. MATSUI. Mr. Speaker, I rise today to High School and possesses an impressive work and also for his civic volunteering and pay tribute to California’s Senior Supreme high school record. Tracy has received numer- community service. Senator Gillis has received Court Justice, the late Stanley Mosk. ous awards for her excellence in academics, numerous awards for his civic work, such as For the past 37 years, Mosk served as the as well as her involvement in swimming and the title of Treutlen County Citizen of the year. court’s independent voice and moral compass. track. Outside of school, Tracy is a tutor for Senator Gillis has served on the boards of Pri- His trailblazing decisions brought sweeping the HOSTS Program and a church volunteer. vate Colleges, The Georgia Poultry Federa- changes to California law long before such de- Therefore, I am proud to join with her many tion, Georgia Forestry Association, and Future cisions were addressed at the national level. A admirers in extending my highest praise and Farmers of America. vigorous advocate of individual liberties, Mosk congratulations to Tracy Egnatuk for her se- Senator Gillis is also a deacon at Soperton lead state courts across the country to use lection as a winner of a LeGrand Smith Con- First Baptist Church and a member of the their own constitutions to establish individual

VerDate 112000 03:12 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JY8.004 pfrm03 PsN: E16PT1 July 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1335 rights beyond those required under the federal TRIBUTE TO TRAVIS EBEL OF Sheriff Cullen Talton has lived in Bonaire, constitution. In 1976, Mosk wrote the opinion BATTLE CREEK, MI, LeGRAND Georgia, his whole life. Sheriff Talton has that bars the use of improperly obtained con- SMITH SCHOLARSHIP WINNER served 29 years as Sheriff of Houston County fessions arguing that such confessions could and 6 years as County Commissioner. While not be used to challenge the truthfulness of a HON. NICK SMITH serving his community as a law enforcement defendant who later testifies. While the U.S. OF MICHIGAN officer he has also maintained a personal life Supreme Court allowed for such use, Mosk in- IN THE HOUSE OF REPRESENTATIVES that deems recognition as well. Sheriff Talton voked the state Constitution and did not ap- married his high school sweetheart, Peggy Monday, July 16, 2001 prove the practice. His always careful, Sears and they have been married for 51 thoughtful and considerate opinions, totaling Mr. SMITH of Michigan. Mr. Speaker, it is years. Together they have raised four children, 1,688 over the span of his career, were widely with great respect for the outstanding record Carline, Pattie, Cully and Neal. There are also regarded and highly acclaimed. of excellence he has compiled in academics, four grandchildren and one great-grandchild. leadership and community service, that I am Keeping his faith as the focal point of his life Mosk, the longest-serving member in the proud to salute Travis Ebel, winner of the he has been a life long member of Bonaire court’s 151–year history and only Democrat, 2001 LeGrand Smith Congressional Scholar- United Methodist Church. was known for his shrewd political acumen ship. This award is made to young adults who Sheriff Talton is a member of many civic or- and often criticized by his adversaries for his have demonstrated that they are truly com- ganizations and has received an abundance of focused attention of the states shifting political mitted to playing important roles in our Na- awards for his civic work over the past 35 climate. Nevertheless, Mosk remained dedi- tion’s future. years. Sheriff Talton is a member of the Geor- cated to his role as a public servant and vigi- As a winner of the LeGrand Smith Congres- gia Sheriffs Association and the National Sher- lant in his undertaking of civil and criminal law. sional Scholarship, Travis is being honored for iff’s Association. His pet project is serving on A native of San Antonio, Mosk’s career as demonstrating that same generosity of spirit, the Board of the Georgia Sheriffs Boy’s Ranch a giant in the court began by serving 15 years intelligence, responsible citizenship, and ca- in Hahira. This Boy’s Ranch is a place where on the Superior Court and six years as the pacity for human service that distinguished the underprivileged children can have a home. State Attorney General. For a time, he served late LeGrand Smith of Somerset, Michigan. Sheriff Talton has been honored as Georgia’s as the Democratic national committeeman Travis Ebel is an exceptional student at Sheriff of the Year and has received the War- from California but became weary of the fund- Lakeview High School and possesses an im- ner Robins/Houston County Chamber of Com- raising component attached to political life and pressive high school record. Travis’s involve- merce Good Government Service Award. He returned to the judicial branch as a member of ment in both the Lakeview High School and serves as a board member of the State of the state Supreme Court. the Battle Creek Math and Science Center Georgia Department of Corrections and is Chairman of the Board of Security Bank in While Mosk’s independent liberal voice will curriculum is truly outstanding. He participates in high school athletics, as well as being a Houston County. be missed, the legacy that he has left will con- Sheriff Talton is a successful leader be- tinue to serve the people of California. member of the Board of Directors for the Bat- tle Creek Art Center. Travis is also an active cause he believes that the way to take care of the people is to know the people. He has f volunteer in Calhoun County, dedicating more than 800 hours to community service. maintained a respected Sheriff’s Department because he maintains his open door policy to TRIBUTE TO 1107TH AVIATION Therefore, I am proud to join with his many admirers in extending my highest praise and the citizens. This keeps him close to the com- CLASSIFICATION AND REPAIR munity making him aware of its problems as ACTIVITIES DEPOT congratulations to Travis Ebel for his selection as a winner of a LeGrand Smith Congres- well as its victories. The Liberty Bell Award sional Scholarship. This honor is also a testa- speak volumes for the work that Sheriff Talton HON. IKE SKELTON ment to the parents, teachers, and others has done. He is greatly appreciated. If it were whose personal interest, strong support and not for the dedication of people like Sheriff OF MISSOURI active participation contributed to his success. Cullen Talton our counties, states and country could not march forward. IN THE HOUSE OF REPRESENTATIVES To this remarkable young man, I extend my most heartfelt good wishes for all his future Mr. Speaker, Sheriff Cullen Talton has de- Monday, July 16, 2001 endeavors. voted his life to better serving his community. He spends tireless energy towards bettering f Mr. SKELTON. Mr. Speaker, let me take his community and for that Sheriff Cullen this means to praise the Missouri National PAYING TRIBUTE TO SHERIFF Talton deserves our recognition and gratitude Guard for the integral role that they are play- CULLEN TALTON today. ing in keeping the Army’s Apache helicopters f in the air. The 1107th Aviation Classification HON. SAXBY CHAMBLISS IN HONOR OF WILLIAM J. and Repair Activities Depot, or the MO– OF GEORGIA AVCRAD, has been the only National Guard GIRGASH IN THE HOUSE OF REPRESENTATIVES group selected to help with this mission. Monday, July 16, 2001 HON. DENNIS J. KUCINICH Recently, an AH–64 Apache lost a tail rotor Mr. CHAMBLISS. Mr. Speaker, I rise today OF OHIO blade and then the entire tail rotor hub assem- IN THE HOUSE OF REPRESENTATIVES bly. The good news is the skilled pilots were to pay tribute to Sheriff Cullen Talton of Hous- able to land the helicopter, the bad news is ton County. His dedication to the people of his Monday, July 16, 2001 that the cause of the accident is not know. county is deserving of the utmost recognition. Mr. KUCINICH. Mr. Speaker, I rise today to When these accidents happen, several agen- Sheriff Talton being one of the most re- honor the memory of William J. Girgash, a lov- cies attempt to find out what happened and spected sheriffs in the state, became a recipi- ing father and grandfather, who served his why. As a precautionary measure a Safety of ent of the Liberty Bell Award on June 11, community in various ways throughout his life- Flight is issued, mandating that all tail rotor 2001. This esteemed award is given by Bar time. He was dearly loved, not only by his blades be inspected. Associations across the United States to rec- family, but by countless members of the ognize special people in their communities. Cleveland Community. This inspection is crucial to ensure that our The award praises the achievements of con- Mr. Girgash served as Board President of soldiers are as safe as possible and the MO- tributions that exceed the work of the common the Broadway School of Music and the Arts in AVCRAD is making that happen. The MO– man. The Houston County Bar Association 1996 and 1997 after many years as a board AVCRAD is helping to inspect every tail rotor presents the Liberty Bell Award each year to member. He also served as editor and chief blade, including those in storage bins. celebrate the work of someone who has con- writer for the school’s ‘‘Ensemble’’ quarterly Mr. Speaker, the soldiers responsible for tributed to our legal system beyond the signifi- newsletter. Those who knew him could always this critical work deserve to be recognized. I cant call of duty. The recipient of this award is find him attending one of the many music re- know the Members of the House will join me generally someone who has dedicated his citals of the students, whom he cared about in extending a big thank you to the soldiers of life’s work to better the legal system in hopes most dearly. the 1107th Aviation Classification and Repair of making his community a better place for Mr. Girgash retired as Vice President of Activities Depot. those who are to follow. APCOA and served our country in the Navy

VerDate 112000 03:12 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JY8.008 pfrm03 PsN: E16PT1 E1336 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 2001 during the Second World War. Friends, I’m sion Support Command, 4th Infantry Division, active participation contributed to her success. sure that you will agree that there are few Fort Carson, Colorado. He returned to the To this remarkable young woman, I extend my honors greater than service to our country and Pentagon in 1991, serving as the Executive most heartfelt good wishes for all her future the education of children. Officer and Special Assistant to the Deputy endeavors. My colleagues, please join me today in cele- Chief of Staff for Logistics; and then as Dep- brating the life of this remarkable man. He uty Director, Directorate Plans and Operations, f was a gentleman of honorable intentions and Office of the Deputy Chief of Staff for Logis- thankless acts of service to the community. tics. In 1993, Lieutenant General Glisson was TRIBUTE TO HARRY LEE COE III f promoted to Brigadier General and has served in four consecutive command assignments: HON. JIM DAVIS CELEBRATING THE RETIREMENT Commander, Defense Personnel Support Cen- OF FLORIDA OF LIEUTENANT GENERAL ter, Defense Logistics Agency; Commander, IN THE HOUSE OF REPRESENTATIVES HENRY T. GLISSON U.S. Army Soldier Systems Command, U.S. Monday, July 16, 2001 Army Materiel Command; and 44th Quarter- HON. JAMES P. MORAN master General/Commandant, U.S. Army Mr. DAVIS of Florida. Mr. Speaker, today I OF VIRGINIA Quartermaster Center and School, U.S. Army would like to pay tribute to Harry Lee Coe III, IN THE HOUSE OF REPRESENTATIVES Training and Doctrine Command, where he a loving father, gifted athlete, dedicated judge and life-long public servant of the citizens of Monday, July 16, 2001 served until assuming his current position as the 13th Director of the Defense Logistics Florida. Harry passed away one year ago. Mr. MORAN of Virginia. Mr. Speaker, I rise Agency. Harry was first known in Hillsborough Coun- today to honor a distinguished constituent of His decorations include the Defense Distin- ty as a pitcher for the Tampa Tarpons, but he mine, Lieutenant General Henry T. Glisson, guished Service Medal, the Defense Superior soon built a distinguished law career, serving who will be retiring from the United States Service Medal, the Legion of Merit with 5 Oak as a civil lawyer, then as a juvenile court attor- Army on August 31, 2001, after 35 years of Leaf Clusters, the Bronze Star with ‘‘V’’ De- ney and finally as a criminal court judge. Harry outstanding service in the Armed Forces. In vice, the Bronze Star, the Purple Heart, the presided over his court for 20 years—always addition to his retirement, Lieutenant General Meritorious Service Medal with 4 Oak Leaf devoted to serving our community to the best Glisson will also step down as Director of the Clusters, the Army Commendation Medal, the of his ability. Defense Logistics Agency in July. Air Medal, the Combat Infantryman Badge, the On the bench, Harry was known not only for Lieutenant General Glisson was commis- Parachutist Badge, the Parachute Rigger his unique wit and passion, but also for his un- sioned a Second Lieutenant, Quartermaster Badge and the Army Staff Identification wavering integrity and commitment to justice. Corps, through the Reserve Officer Training Badge. Some say Harry expected too much of those Corps program at North Georgia College, On behalf of my congressional colleagues, it who came before his bench, but he always where he also earned his Bachelor of Science is my honor to thank Lieutenant General demanded the most of himself and worked Degree in Psychology. He received his Henry T. Glisson for his 5 years of service to tirelessly to do his best. While Harry became Masters’s Degree in Education from his country and wish him the best in his future known as ‘‘Hanging Harry’’ for his stringent Pepperdine University in California. His mili- endeavors. sentences and his deep conviction to pro- tary educational background includes the f tecting our community from dangerous crimi- Quartermaster Officer Basic and Advanced nals, he was equally passionate about giving Courses, the Command and General Staff TRIBUTE TO MINDY ENGELHART our children the love and support they deserve College, and the Army War College. OF DIMONDALE, MI, LEGRAND to prevent the need for such rehabilitation. Lieutenant General Glisson was selected as SMITH SCHOLARSHIP WINNER Much can be said of Harry’s dedication to a Regular Army Officer in 1967, and detailed his job, but volumes can be written of his per- to the Infantry for 18 months, where his early HON. NICK SMITH sona outside the court. In all of Harry’s years years included assignments as a Platoon OF MICHIGAN as an elected official he was never branded as Leader for the 549th Quartermaster Company, IN THE HOUSE OF REPRESENTATIVES a typical politician, for his kind and gentle de- and Aide-de-Camp for the Commanding Gen- meanor with people could never be mistaken Monday, July 16, 2001 eral, U.S. Army, Japan. He was an advisor in for anything other than sincerity. You could al- the U.S. Military Assistance Command in Viet- Mr. SMITH of Michigan. Mr. Speaker, it is ways depend on Harry to listen to what you nam, and S4 (Logistics) and Commander, with great respect for the outstanding record had to say, just as much as you knew that his Headquarters Company, 2nd Battalion, 5th In- of excellence she has compiled in academics, words were from the heart. I know Harry will fantry. He was also the Commander, Com- leadership and community service, that I am be remembered for all these things. pany C, 425th Support Battalion and Com- proud to salute Mindy Englehart, winner of the mander, 25th Supply and Transport Battalion. 2001 LeGrand Smith Congressional Scholar- f In addition, he served as the Executive Offi- ship. This award is made to young adults who cer/S3, 25th Supply and Transport Battalion have demonstrated that they are truly com- SMALL BUSINESS REFINERS COM- and the Assistant Chief of Staff, G4 (Supply), mitted to playing important roles in our Na- PLIANCE WITH THE HIGHWAY 25th Infantry Division, Hawaii. tion’s future. DIESEL FUEL SULFUR CONTROL From 1974 to 1977, Lieutenant General As a winner of the LeGrand Smith Congres- REQUIREMENTS Glisson was the Officer-in-Charge of the sional Scholarship, Mindy is being honored for Cadet Mess, United States Military Academy, demonstrating that same generosity of spirit, HON. STEPHEN HORN West Point, New York. From 1978 to 1982, he intelligence, responsible citizenship, and ca- OF CALIFORNIA served as the S3, Division Support Command; pacity for human service that distinguished the IN THE HOUSE OF REPRESENTATIVES Executive Officer, 701st Maintenance Bat- late LeGrand Smith of Somerset, Michigan. talion, and Commander, Material Management Mindy is an exceptional student at Eaton Monday, July 16, 2001 Center, 1st Infantry Division, Fort Riley, Kan- Rapids High School and possesses an im- Mr. HORN. Mr. Speaker, at the beginning of sas. His next assignment was Commander, pressive high school record. Mindy has re- this year, on January 18, 2001, the Environ- 87th Maintenance Battalion, 7th Support ceived numerous awards for her excellence in mental Protection Agency (EPA) implemented Group, United States Army, Europe. He academics, as well as her involvement in 4– heavy-duty engine and vehicle standards and served as Chief, Quartermaster Branch, H, tennis and golf. Outside of school, Mindy is highway diesel fuel sulfur control require- United States Army Military Personnel Com- an active volunteer at Hayes Green Beach ments. I strongly supported the final rule by mand in Alexandria, Virginia, from 1985 to Hospital and the Red Cross. the EPA as a necessary tool to reduce pollu- 1987. Therefore, I am proud to join with her many tion. Under this new regulation, oil refiners He was assigned to the Pentagon from admirers in extending my highest praise and must meet rigorous new standards to reduce 1987 to 1989 where he served first as Chief, congratulations to Mindy Englehart for her se- the sulfur content of highway diesel fuel from Readiness Team, and then Chief, Troop Sup- lection as a winner of a LeGrand Smith Con- its current level of 500 parts per million to 15 port Division, Office of the Deputy Chief of gressional Scholarship. This honor is also a parts per million by June, 2006. The diesel Staff for Logistics, Washington, District of Co- testament to the parents, teachers, and others rule goes a long way in reducing the amount lumbia. In 1989 he became Commander, Divi- whose personal interest, strong support and of pollution in our air.

VerDate 112000 02:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JY8.012 pfrm03 PsN: E16PT1 July 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1337 Small business refineries produce a full MEDAL OF HONOR, ED FREEMAN 10,000 operational warheads. Furthermore, slate of petroleum products including every- proliferation of nuclear weapons, especially in thing from gasoline, diesel, and jet fuel to as- HON. C.L. ‘‘BUTCH’’ OTTER countries in unstable regions, is now one of phalt, lube oil, and specialty petroleum prod- OF IDAHO the leading military threats to the national se- ucts. Today, among the 124 refineries oper- curity of the United States, its allies, and the IN THE HOUSE OF REPRESENTATIVES ating in the United States, approximately 25 world. percent are small, independent refiners. These Monday, July 16, 2001 The United States, as the sole remaining small business refiners contribute to the na- Mr. OTTER. Mr. Speaker, I rise today to superpower and the leading nuclear power in tion’s energy supply by manufacturing specific honor one of Idaho’s great citizens. Ed Free- the world, has an obligation to move first and products like grade 80-aviation fuel, JP–4 jet man, 73, of Boise, who will be awarded the take bold steps to encourage other nuclear fuel, and off-road diesel fuel. Medal of Honor today by the President for his powers to eliminate their arsenals and to pre- In order for oil refineries to comply with the acts of valor during the Vietnam War. The new rule, the EPA estimated capital costs at vent the proliferation of these weapons. That Medal of Honor is the highest award for valor is why I have chosen today, the 56th anniver- an average of $14 million per refinery. This is in action against an enemy force which can be a relatively small cost for major multinational sary of the first test of a nuclear explosive in bestowed upon an individual serving in the Alamogordo, New Mexico, to reintroduce the oil companies, but for smaller refineries, this is Armed Services of the United States. a very high capital cost that is virtually impos- Nuclear Disarmament and Economic Conver- On November 14th, 1965, Captain Freeman sion Act of 2001. The bill would require the sible to undertake without substantial assist- risked his life more than once to deliver am- United States to disable and dismantle its nu- ance. Small business refiners presented infor- munition and supplies to 450 men who had clear weapons and to refrain from replacing mation in support of this position to EPA dur- been surrounded by more than 2,000 North them with weapons of mass destruction once ing the rulemaking process. In fact, EPA Vietnamese. In addition, each time he deliv- foreign countries possessing nuclear weapons agreed that small business refiners would like- ered supplies, he carried out wounded U.S. enact and execute similar requirements. ly experience a significant and dispropor- military personnel to safety. tionate financial hardship in reaching the ob- On November 14th, 1965, Captain Freeman My bill has an important complementary jectives of the diesel fuel sulfur rule. voluntarily flew his Army Helicopter on 14 mis- provision that the resources used to sustain There is currently no provision that helps sions to the Ia Dang battle zone in less than our nuclear weapons program be used to ad- small business refiners meet the objectives of 14 hours. For each trip, he risked his life to dress human and infrastructure needs such as the rule. That is why I am introducing a tax in- save and supply his fellow countrymen. housing, health care, education, agriculture, centive proposal that would provide the spe- Without the courage of Captain Freeman and the environment. By eliminating our nu- cific, targeted assistance that small refineries and his crew, the 450 men in the Ia Dang Val- clear weapons arsenal, the United States can need to achieve better air quality and provide ley would have been quickly overrun by the realize an additional ‘‘peace dividend’’ from complete compliance with EPA’s rule. North Vietnamese. By the end of the day Cap- which critical domestic initiatives can be fund- A qualified small business refiner—defined ed, including new programs proposed in the as refiners with fewer than 1,500 employees tain Freeman had saved an estimated 30 sol- Administration’s FY 2002 budget. and less than a total capacity of 155,000 bar- diers. rels per day—will be eligible to receive federal Mr. Speaker I am pleased to salute Captain Many courageous leaders in the United assistance of up to 35 percent of the costs Freeman today for his act of bravery in 1965 States and around the world have spoken out necessary, through tax credits, to comply with and I congratulate him for receiving the high- about the obsolescence of nuclear weapons the Highway Diesel Fuel Sulfur Control Re- est military honor anyone can receive, the and the need for their elimination. These lead- quirements of the EPA. Medal of Honor. ers include retired Air Force General Lee But- Without such a provision, many small busi- f ler and more than 60 other retired generals ness refiners will be unable to comply with the NUCLEAR DISARMAMENT AND and admirals from 17 nations, who, on De- EPA rule and could be forced out of the mar- ECONOMIC CONVERSION ACT OF cember 5, 1996, issued a statement that ‘‘the ket. Individually, each small refiner represents 2001 continuing existence of nuclear weapons in a small share of the national petroleum mar- the armories of nuclear powers, and the ever- ketplace. Cumulatively, however, the impact is present threat of acquisition of these weapons substantial. Small business refiners produce HON. ELEANOR HOLMES NORTON by others, constitute a peril to global peace about four percent of the nation’s diesel fuel OF THE DISTRICT OF COLUMBIA and security and to the safety and survival of and in some regions, provide over half of the IN THE HOUSE OF REPRESENTATIVES the people we are dedicated to protect’’ and diesel fuel. Small business refiners also fill a Monday, July 16, 2001 that the ‘‘creation of a nuclear-weapons-free critical national security function. For example, world [is] necessary [and] possible.’’ in 1998 and 1999, small business refiners pro- Ms. NORTON. Mr. Speaker, I have intro- vided almost 20 percent of the jet fuel used by duced the Nuclear Disarmament and Eco- The United States and the world community U.S. military bases. Small business refiners’ nomic Conversion Act every year since 1993, must redouble their efforts to obtain commit- pricing competition pressures the larger, inte- and I will continue to introduce this bill until ments from the nations developing nuclear grated companies to lower prices for the con- the threat posed by the world’s nuclear arse- technology to refrain from actual deployment suming public. Without that competitive pres- nals is eliminated. This issue was brought to of nuclear weapons, as well as to help contain sure, consumers will certainly pay higher my attention by constituents who have been other countries that aspire to become nuclear prices for the same products. vigilant to the continuing need to focus on nu- powers, such as Iran, Iraq, and North Korea, Over the past decade, approximately 25 clear proliferation. Moreover, today missile de- from moving forward with their programs. The U.S. refineries have shut down. Without as- fense is being pressed by the Bush Adminis- United States will be far more credible and sistance in complying with the EPA rule, we tration, which has refused to acknowledge ur- persuasive in these efforts if we are willing to may loose another 25 percent of U.S. refin- gent domestic needs from health care to af- take the initiative in dismantling our own nu- eries. fordable housing. clear weapons program and helping arms in- This legislation is critical—not because Long after the end of the Cold War and the dustries to convert plants and employees to small business refiners do not want to comply breakup of the Soviet Union, the threat of nu- providing products and services that enhance with the EPA rule due to differences in envi- clear weapons remains. Today, the United the wealth and quality of life of citizens. I ask ronmental policy—but because it will help States continues to hold approximately 7,295 my colleagues to cosponsor the Nuclear Dis- keep small business refiners as an integral operational nuclear warheads while Russia armament and Economic Conversion Act of part of the industry and on their way to clean- controls 6,094, and the other declared nuclear 2001 and the committees with jurisdiction over er production and full compliance with all envi- powers of Great Britain, France, and China the bill to mark it up quickly so that it can be ronmental regulations. are estimated to possess approximately considered and passed.

VerDate 112000 03:12 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JY8.017 pfrm03 PsN: E16PT1 E1338 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 2001 SENATE COMMITTEE MEETINGS Indian Affairs Budget To hold oversight hearings on tribal good To hold hearings to examine defense Title IV of Senate Resolution 4, governance practices and economic de- spending and budget outlook. agreed to by the Senate on February 4, velopment. SD–608 1977, calls for establishment of a sys- SR–485 2 p.m. tem for a computerized schedule of all Energy and Natural Resources Governmental Affairs meetings and hearings of Senate com- To hold hearings on proposals related to Investigations Subcommittee mittees, subcommittees, joint commit- energy and scientific research, develop- To hold hearings to examine past and tees, and committees of conference. ment, technology deployment, edu- current U.S. efforts to convince off- shore tax havens to cooperate with cation, and training, including Sec- This title requires all such committees U.S. efforts to stop tax evasion, the tions 107, 114, 115, 607, Title II, and Sub- to notify the Office of the Senate Daily role of the Organization of Economic Digest—designated by the Rules Com- title B of Title IV of S. 388, the Na- Cooperation and Development tax mittee—of the time, place, and purpose tional Energy Security Act of 2001; Ti- haven project in light of U.S. objec- of the meetings, when scheduled, and tles VIII, XI, and Division E of S. 597, tives, and the current status of U.S. the Comprehensive and Balanced En- support for the project, in particular any cancellations or changes in the ergy Policy Act of 2001; Sections 111, meetings as they occur. for the core element requiring informa- 121, 122, 123, 125, 127, 204, 205, Title IV tion exchange. As an additional procedure along and Title V of S. 472, the Nuclear En- SD–628 with the computerization of this infor- ergy Electricity Supply Assurance Act 2:30 p.m. mation, the Office of the Senate Daily of 2001; S. 90, the Department of Energy Intelligence Digest will prepare this information for Nanoscale Science and Engineering Re- To hold closed hearings on intelligence printing in the Extensions of Remarks search Act; S. 193, the Department of matters. section of the CONGRESSIONAL RECORD Energy Advanced Scientific Computing SH–219 on Monday and Wednesday of each Act; S. 242, the Department of Energy JULY 19 week. University Nuclear Science and Engi- neering Act; S. 259, the National Lab- Meetings scheduled for Tuesday, July 9 a.m. oratories Partnership Improvement Appropriations 17, 2001 may be found in the Daily Di- Act of 2001; S. 636, a bill to direct the VA, HUD, and Independent Agencies Sub- gest of today’s RECORD. Secretary of Energy to establish a de- committee commissioning pilot program to de- Business meeting to markup proposed MEETINGS SCHEDULED commission and decontaminate the So- legislation making appropriations for dium-cooled fast breeder experimental the Departments of Veterans Affairs JULY 18 test-site reactor located in northwest and Housing and Urban Development, 9 a.m. Arkansas; S. 1130, the Fusion Energy and for sundry independent agencies, Energy and Natural Resources Sciences Act of 2001; and S. 1166, to es- boards, commissions, corporations, and To hold hearings on the nomination of tablish the Next Generation Lighting offices for the fiscal year ending Sep- tember 30, 2002. Dan R. Brouillette, of Louisiana, to be Initiative at the Department of En- S–128, Capitol Assistant Secretary of Energy for Con- ergy. 9:30 a.m. gressional and Intergovernmental Af- SD–366 Energy and Natural Resources fairs. Appropriations To hold hearings on proposals related to SD–366 Labor, Health and Human Services, and removing barriers to distributed gen- 9:30 a.m. Education Subcommittee eration, renewable energy and other Governmental Affairs To hold hearings to examine stem cell re- advanced technologies in electricity To hold hearings on S. 1008, to amend the search issues. generation and transmission, including Energy Policy Act of 1992 to develop SD–124 Sections 301 and Title VI of S. 597, the the United States Climate Change Re- 10 a.m. Comprehensive and Balanced Energy sponse Strategy with the goal of sta- Foreign Relations Policy Act of 2001; Sections 110, 111, 112, bilization of greenhouse gas concentra- To hold hearings to examine the Putin 710, and 711 of S. 388, the National En- tions in the atmosphere at a level that administration policies toward the ergy Security Act of 2001; S. 933, the would prevent dangerous anthropo- non-Russian regions of the Russian Combined Heat and Power Advance- genic interference with the climate Federation. ment Act of 2001; hydroelectric reli- system, while minimizing adverse SD–419 censing procedures of the Federal En- short-term and long-term economic Judiciary ergy Regulatory Commission, includ- and social impacts, aligning the Strat- To hold hearings to examine reforming ing Title VII of S. 388, Title VII of S. egy with United States energy policy, the Federal Bureau of Investigation 597; and S. 71, the Hydroelectric Licens- and promoting a sound national envi- management reform issues. ing Process Improvement Act of 2001. ronmental policy, to establish a re- SD–226 SD–366 search and development program that Health, Education, Labor, and Pensions Armed Services focuses on bold technological break- Employment, Safety and Training Sub- To resume hearings on proposed legisla- throughs that make significant committee tion authorizing funds for fiscal year progress toward the goal of stabiliza- To hold hearings to examine the protec- 2002 for the Department of Defense and tion of greenhouse gas concentrations, tion of workers from ergonomic haz- the Future Years Defense Program, fo- and to establish the National Office of ards. cusing on ballistic missile defense poli- Climate Change Response within the SD–430 cies and programs. Executive Office of the President. Aging SH–216 SD–342 To resume hearings to examine long Finance Commerce, Science, and Transportation term care issues, focusing on costs and To hold hearings to examine trade ad- To hold hearings to examine safety of demands including state initiatives to justment assistance issues. cross border trucking and bus oper- SD–215 shift Medicaid services away from in- ations and the adequacy of resources Small Business and Entrepreneurship stitutional care and toward community for compliance and enforcement pur- To hold hearings on the nomination of based services. poses, focusing on the impact on Hector V. Barreto, Jr., of California, to United States communities, businesses, SD–628 be Administrator of the Small Business employees, and the environment as Banking, Housing, and Urban Affairs Administration; and to hold a business well as the application of U.S. laws to Business meeting to markup proposed meeting to mark up pending calendar the operations. legislation authorizing funds for the business. SR–253 U.S. Export-Import Bank, proposed leg- SR–428A Armed Services islation authorizing funds for the Iran 10 a.m. Personnel Subcommittee and Libya Sanctions Act; the nomina- Agriculture, Nutrition, and Forestry To hold hearings on proposed legislation tion of Mark B. McClellan, of Cali- To hold hearings to elicit suggestions for authorizing funds for fiscal year 2002 fornia, to be a Member of the Council the nutrition title of the next federal for the Department of Defense and the of Economic Advisers; and the nomina- farm bill. Future Years Defense Program, focus- tion of Sheila C. Bair, of Kansas, to be SR–328A ing on active and reserve military and an Assistant Secretary of the Treasury Banking, Housing, and Urban Affairs civilian personnel programs. for Financial Institutions. To hold hearings on the nomination of SR–222 SD–538 Harvey Pitt, of North Carolina, to be a

VerDate 112000 02:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M16JY8.000 pfrm03 PsN: E16PT1 July 16, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1339 Member of the Securities and Exchange 2:30 p.m. 388, the National Energy Security Act Commission. Energy and Natural Resources of 2001; and S. 820, the Forest Resources SD–538 Water and Power Subcommittee for the Environment and the Economy Judiciary To hold hearings on S. 976, to provide au- Act. Business meeting to consider the nomi- thorization and funding for the en- SD–106 nation of Ralph F. Boyd, Jr., of Massa- hancement of ecosystems, water sup- 10 a.m. chusetts, to be Assistant Attorney ply, and water quality of the State of Indian Affairs General, Civil Rights Division, and the California. To hold hearings on S. 266, regarding the nomination of Robert D. McCallum, SD–366 use of the trust land and resources of Armed Services Jr., of Georgia, to be Assistant Attor- the Confederated Tribes of the Warm Airland Subcommittee ney General, Civil Division, both of the Springs Reservation of Oregon. To hold hearings on proposed legislation Department of Justice; S. 407, to SR–485 authorizing funds for fiscal year 2002 Governmental Affairs amend the Trademark Act of 1946 to for the Department of Defense and the provide for the registration and protec- To hold hearings to examine S. 159, to Future Years Defense Program, focus- elevate the Environmental Protection tion of trademarks used in commerce, ing on Army modernization and trans- Agency to a cabinet level department, in order to carry out provisions of cer- formation. to redesignate the Environmental Pro- tain international conventions; S. 778, SR–222 tection Agency as the Department of to expand the class of beneficiaries who Foreign Relations Environmental Protection Affairs. may apply for adjustment of status To hold hearings on the nomination of SD–342 under section 245(i) of the Immigration Stuart A. Bernstein, of the District of 2:30 p.m. and Nationality Act by extending the Columbia, to be Ambassador to Den- Veterans’ Affairs deadline for classification petition and mark; the nomination of Michael E. To hold hearings to examine prescription labor certification filings; S. 754, to en- Guest, of South Carolina, to be Ambas- drug issues in the Department of Vet- hance competition for prescription sador to Romania; the nomination of erans Affairs. drugs by increasing the ability of the Charles A. Heimbold, Jr., of Con- SR–418 Department of Justice and Federal necticut, to be Ambassador to Sweden; Trade Commission to enforce existing the nomination of Thomas J. Miller, of JULY 25 Virginia, to be Ambassador to Greece; antitrust laws regarding brand name 9:30 a.m. drugs and generic drugs; S. Res. 16, des- the nomination of Larry C. Napper, of Texas, to be Ambassador to the Repub- Energy and Natural Resources ignating August 16, 2001, as ‘‘National lic of Kazakhstan; the nomination of Business meeting to consider pending Airborne Day’’; and S. Con. Res. 16, ex- Jim Nicholson, of Colorado, to be Am- calendar business. pressing the sense of Congress that the bassador to the Holy See; and the nom- SD–366 George Washington letter to Touro ination of Mercer Reynolds, of Ohio, to Governmental Affairs Synagogue in Newport, Rhode Island, be Ambassador to Switzerland, and to To hold hearings to examine current en- which is on display at the B’nai B’rith serve concurrently and without addi- tertainment ratings, focusing on eval- Klutznick National Jewish Museum in tional compensation as Ambassador to uation and improvement. Washington, D.C., is one of the most the Principality of Liechtenstein. SD–342 significant early statements but- SD–419 10 a.m. tressing the nascent American con- Indian Affairs stitutional guarantee of religious free- JULY 20 To hold oversight hearings on the imple- dom. 9:30 a.m. mentation of the Indian Gaming Regu- SD–226 Finance latory Act. 1 p.m. To continue hearings to examine trade SH–216 Veterans’ Affairs adjustment assistance issues. To hold hearings to examine S. 739, to SD–215 JULY 31 amend title 38, United States Code, to 10 a.m. improve programs for homeless vet- JULY 23 Indian Affairs erans; and other pending health care 2 p.m. To hold hearings on the implementation related legislation. Governmental Affairs of the Indian Health Care Improvement SR–418 International Security, Proliferation and Act. 2 p.m. Federal Services Subcommittee SR–485 Appropriations To hold hearings to examine the role of Business meeting to markup proposed the Federal Emergency Management AUGUST 2 legislation making appropriations for Agency in managing a bioterrorist at- 10 a.m. the Departments of Commerce, Justice, tack and the impact of public health Indian Affairs and State, the Judiciary, and related concerns on bioterrorism preparedness. To hold hearings on S. 212, to amend the agencies for the fiscal year ending Sep- SD–342 Indian Health Care Improvement Act tember 30, 2002, and proposed legisla- to revise and extend such Act. tion making appropriations for the De- JULY 24 SR–485 partments of Veterans Affairs and 9:30 a.m. Housing and Urban Development, and Energy and Natural Resources SEPTEMBER 19 for sundry independent agencies, To hold hearings on proposals related to 2 p.m. boards, commissions, corporations, and global climate change and measures to Judiciary offices for the fiscal year ending Sep- mitigate greenhouse gas emissions, in- To hold hearings on S. 702, for the relief tember 30, 2002. cluding S. 597, the Comprehensive and of Gao Zhan. S–128, Capitol Balanced Energy Policy Act of 2001; S. SD–226

VerDate 112000 02:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\M16JY8.000 pfrm03 PsN: E16PT1 Monday, July 16, 2001 Daily Digest Senate Adopted: Chamber Action Reid (for Byrd/Stevens) Amendment No. 980, in Routine Proceedings, pages S7657–S7719 the nature of a substitute. Page S7671 Measures Introduced: Five bills and one resolution Senate expects to continue consideration of the were introduced, as follows: S. 1179–1183, and S. bill on Tuesday, July 17, 2001. Res. 134. Page S7688 Bankruptcy Reform Act—Agreement: A unani- Measures Reported: mous-consent agreement was reached providing for Reported on Friday, July 13, during the adjourn- further consideration of H.R. 333, to amend title ment: 11, United States Code, on Tuesday, July 17, 2001. Special Report entitled ‘‘Further Revised Alloca- Page S7712 tion to Subcommittees of Budget Totals for Fiscal Executive Communications: Pages S7684–88 Year 2002.’’. (S. Rept. No. 107–40) Statements on Introduced Bills: Pages S7688–89 S. 1178, An original bill making appropriations Amendments Submitted: Pages S7691–96 for the Department of Transportation and related agencies for the fiscal year ending September 30, Additional Statements: Pages S7683–84 2002. (S. Rept. No. 107–38) Text of H.R. 2217, as Previously Passed: Report to accompany S. 1171, making appropria- Pages S7696–S7712 tions for energy and water development for the fiscal Notices of Hearings: Page S7696 year ending September 30, 2002. (S. Rept. No. 107–39) Authority for Committees: Page S7696 Reported today: Privilege of the Floor: Page S7696 S. 180, to facilitate famine relief efforts and a Adjournment: Senate met at 2 p.m., and adjourned comprehensive solution to the war in Sudan, with an at 5:45 p.m., until 9 a.m., on Tuesday, July 17, amendment in the nature of a substitute. 2001. (For Senate’s program, see the remarks of the S. 494, to provide for a transition to democracy Acting Majority Leader in today’s Record on page and to promote economic recovery in Zimbabwe, S7712.) with an amendment in the nature of a substitute. Page S7688 Measures Passed: Committee Meetings West Virginia Clothing Donations: Senate (Committees not listed did not meet) agreed to S. Res. 134, authorizing that the Senate office of Senator John D. Rockefeller IV be used to SUBCOMMITTEE ASSIGNMENTS collect donations of clothing from July 13, 2001, Committee on Appropriations: On Wednesday, July 11, until July 20, 2001, from concerned Members of committee announced the following subcommittee Congress and staff to assist the West Virginia fami- assignments: lies suffering from the recent disaster of flooding and Subcommittee on Agriculture, Rural Development, and storms. Page S7712 Related Agencies: Senators Kohl (Chairman), Harkin, Energy and Water Development Appropriations Dorgan, Feinstein, Durbin, Johnson, Murray, Coch- Act: Senate began consideration of H.R. 2311, mak- ran (Ranking Member), Specter, Bond, McConnell, ing appropriations for energy and water development Burns, and Craig. for the fiscal year ending September 30, 2002, tak- Subcommittee on Commerce, Justice, State, and the Judi- ing action on the following amendment proposed ciary: Senators Hollings (Chairman), Inouye, Mikul- thereto: Pages S7657, S7671–78 ski, Leahy, Kohl, Murray, Reed, Gregg (Ranking D705

VerDate 11-MAY-2000 03:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JY1.REC pfrm03 PsN: D16JY1 D706 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 2001 Member), Stevens, Domenici, McConnell, Hutchison, Vinton G. Cerf, WorldCom, Ashburn, Virginia; and Campbell. Harris N. Miller, Information Technology Associa- Subcommittee on Defense: Senators Inouye (Chair- tion of America, Arlington, Virginia; and Bruce man), Hollings, Byrd, Leahy, Harkin, Dorgan, Dur- Schneier, Counterpane Internet Security, Inc., bin, Reid, Feinstein, Kohl, Stevens (Ranking Mem- Cupertino, California. ber), Cochran, Specter, Domenici, Bond, McConnell, Hearings recessed subject to call. Shelby, Gregg, and Hutchison. ENERGY EFFICIENCY Subcommittee on District of Columbia: Senators Landrieu (Chairman) Durbin, Reed, DeWine (Rank- Committee on Energy and Natural Resources: On Friday, ing Member), and Hutchison. July 13, committee resumed hearings on proposals Subcommittee on Energy and Water Development: Sen- related to energy efficiency, including S. 352, to in- ators Reid (Chairman), Byrd, Hollings, Murray, Dor- crease the authorization of appropriations for low-in- gan, Feinstein, Harkin, Domenici (Ranking Mem- come energy assistance, weatherization, and state en- ber), Cochran, McConnell, Bennett, Burns, and ergy conservation grant programs, to expand the use Craig. of energy savings performance contracts, Title XIII Subcommittee on Foreign Operations: Senators Leahy of S. 597, the Comprehensive and Balanced Energy (Chairman), Inouye, Harkin, Mikulski, Durbin, Policy Act of 2001, sections 602–606 of S. 388, the Johnson, Landrieu, Reed, McConnell (Ranking National Energy Security Act of 2001, S. 95, the Member), Specter, Gregg, Shelby, Bennett, Camp- Federal Energy Bank Act, and S.J. Res. 15, pro- bell, and Bond. viding for congressional disapproval of the rule sub- Subcommittee on Interior: Senators Byrd (Chairman), mitted by the Department of Energy relating to the Leahy, Hollings, Reid, Dorgan, Feinstein, Murray, postponement of the effective date of energy con- Inouye, Burns (Ranking Member), Stevens, Cochran, servation standards for central air conditioners, re- Domenici, Bennett, Gregg, and Campbell. ceiving testimony from David K. Garman, Assistant Subcommittee on Labor, Health and Human Services, Secretary of Energy for Energy Efficiency and Re- newable Energy; Mary Ann Manoogian, New Hamp- and Education: Senators Harkin (Chairman), Hollings, shire Governor’s Office of Energy and Community Inouye, Reid, Kohl, Murray, Landrieu, Byrd, Specter Services, Concord, on behalf of the National Associa- (Ranking Member), Cochran, Gregg, Craig, tion of State Energy Officials; JoAnne Choate, Maine Hutchison, Stevens, and DeWine. State Housing Agency, Augusta, on behalf of the Subcommittee on Legislative Branch: Senators Durbin National Energy Assistance Directors’ Association; (Chairman), Johnson, Reed, Bennett (Ranking Mem- Erik Emblem, National Energy Management Insti- ber), and Stevens. tute, Alexandria, Virginia; Mark F. Wagner, Johnson Subcommittee on Military Construction: Senators Fein- Controls, Inc., on behalf of the Federal Performance stein (Chairman), Inouye, Johnson, Landrieu, Reid, Contracting Coalition, and Steven Nadel, American Hutchison (Ranking Member), Burns, Craig, and Council for an Energy-Efficient Economy, both of DeWine. Washington, D.C.; Clifford H. Rees, Jr., Air-Condi- Subcommittee on Transportation: Senators Murray tioning and Refrigeration Institute, Arlington, Vir- (Chairman), Byrd, Mikulski, Reid, Kohl, Durbin, ginia; David Parks, Goodman Manufacturing Com- Leahy, Shelby (Ranking Member), Specter, Bond, pany, Houston, Texas; and Malcolm O’Hagan, Na- Bennett, Campbell, and Hutchison. tional Electrical Manufacturers Association, Rosslyn, Subcommittee on Treasury and General Government: Virginia. Senators Dorgan (Chairman), Mikulski, Landrieu, Hearings continue Tuesday, July 17. Reed, Campbell (Ranking Member), Shelby, and DeWine. NOMINATIONS Subcommittee on VA, HUD, and Independent Agencies: Committee on Foreign Relations: On Friday, July 13, Senators Mikulski (Chairman), Leahy, Harkin, Byrd, committee concluded hearings on the nominations of Kohl, Johnson, Hollings, Bond (Ranking Member), Russell F. Freeman, of North Dakota, to be Ambas- Burns, Shelby, Craig, Domenici, and DeWine. sador to Belize, Sue McCourt Cobb, of Florida, to be Ambassador to Jamaica, and Roger Francisco E-CONSUMER SECURITY Noriega, of Kansas, to be Permanent Representative Committee on Commerce, Science, and Transportation: Sub- of the United States of America to the Organization committee on Science, Technology, and Space held of American States, with the rank of Ambassador, hearings to examine how the Internet has changed after the nominees testified and answered questions since its inception, and to look at the security risks in their own behalf. Mr. Freeman was introduced by and vulnerabilities that have developed along with Senators Dorgan and Conrad, and Ms. Cobb was in- the rise of e-commerce, receiving testimony from troduced by Senators Graham and Bill Nelson.

VerDate 11-MAY-2000 03:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JY1.REC pfrm03 PsN: D16JY1 July 16, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D707 House of Representatives Adjournment: The House met at 2 p.m. and ad- Chamber Action journed at 7:07 p.m. Bills Introduced: 6 public bills, H.R. 2494, 2501–05; and 4 resolutions, H. Con. Res. 185–186, and H. Res. 193–194, were introduced. Page H4013 Committee Meetings Reports Filed: Reports were filed as follows: Filed on July 13, H.R. 2500, making appropria- DEFENSE APPROPRIATIONS tions for the Departments of Commerce, Justice, and Committee on Appropriations: Subcommittee on Defense State, the Judiciary, and related agencies for the fis- held a hearing on the Secretary of Defense. Testi- cal year ending September 30, 2002 (H. Rept. mony was heard from the following officials of the 107–139); Department of Defense: Donald H. Rumsfeld, Sec- H.R. 7, to provide incentives for charitable con- retary; Gen. Harry H. Shelton, USA, Chairman, tributions by individuals and businesses, to improve Joint Chiefs of Staff; and Dov Zakheim, Comptroller. the effectiveness and efficiency of government pro- The Subcommittee also held a hearing on the Sec- gram delivery to individuals and families in need, retary of the Air Force. Testimony was heard from and to enhance the ability of low-income Americans the following officials of the Department of the Air to gain financial security by building assets, amend- Force: James G. Roche, Secretary; and Gen. Michael ed (H. Rept. 107–138, Pt. 2); H.R. 617, to express the policy of the United E. Ryan, USAF, Chief of Staff. States regarding the United States’ relationship with Native Hawaiians, to provide a process for the reor- NATIONAL DEFENSE AUTHORIZATION ganization of a Native Hawaiian government and the BUDGET REQUEST recognition by the United States of the Native Ha- Committee on Armed Services: On July 13, the Special waiian government, amended (H. Rept. 107–140); Oversight Panel on the Merchant Marine held a and hearing on the Fiscal Year 2002 National Defense H. Res. 192, providing for consideration of H.R. Authorization Budget request. Testimony was heard 2500, making appropriations for the Departments of from Bruce J. Carlton, Acting Deputy Adminis- Commerce, Justice, and State, the Judiciary, and re- trator, Maritime Administration, Department of lated agencies for the fiscal year ending September Transportation. 30, 2002 (H. Rept. 107–141). Page H4013 Speaker Pro Tempore: Read a letter from the COMMERCE, JUSTICE, STATE, AND Speaker wherein he appointed Representative Miller JUDICIARY APPROPRIATIONS of Florida to act as Speaker pro tempore for today. Committee on Rules: Granted, by voice vote, an open Page H4011 rule providing one hour of debate on H.R. 2500, Official Objectors for the 107th Congress: On be- making appropriations for the Departments of Com- half of the Majority and Minority leadership, the merce, Justice, and State, the Judiciary and related Chair announced the following Official Objectors for agencies for the fiscal year ending September 30, the Private Calendar for the 107th Congress: Rep- 2002. The rule on waives all points of order against resentatives Coble, Barr of Georgia, and Chabot for consideration of the bill. The rule provides that the the Majority and Representatives Boucher and bill shall be considered for amendment by paragraph. DeLauro for the Minority. Page H4011 The rule waives clause 2 of rule XXI (prohibiting Recess: The House recessed at 2:05 p.m. and recon- unauthorized or legislative provisions in an appro- vened at 7:06 p.m. Page H4011 priations bill) against provisions in the bill, except Senate Messages: Message received from the Senate as otherwise specified in the rule. The rule authorizes today appears on page H4011. the Chair to accord priority in recognition to Mem- bers who have pre-printed their amendments in the Amendments: Amendments ordered printed pursu- Congressional Record. Finally, the rule provides one ant to the rule appear on pages H4014–19. motion to recommit with or without instructions. Quorum Calls—Votes: No quorum calls or re- Testimony was heard from Representatives Wolf, corded votes developed during the proceedings of the Serrano and Moran of Virginia. House today.

VerDate 11-MAY-2000 03:04 Jul 17, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JY1.REC pfrm03 PsN: D16JY1 D708 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 2001 COMMITTEE MEETINGS FOR TUESDAY, within the boundary of the Great Smoky Mountains Na- JULY 17, 2001 tional Park; and H.R. 1668, to authorize the Adams Me- morial Foundation to establish a commemorative work on (Committee meetings are open unless otherwise indicated) Federal land in the District of Columbia and its environs Senate to honor former President John Adams and his family, Committee on Agriculture, Nutrition, and Forestry: to hold 2:30 p.m., SD–366. hearings to examine the proposed federal farm bill focus- Committee on Finance: business meeting to organize for ing on cotton, wheat, rice, sugar, and peanut related pro- the 107th Congress; and to mark up S. 942, to authorize visions, 9 a.m., SR–328A. the supplemental grant for population increases in certain Committee on Appropriations: business meeting to mark states under the temporary assistance to needy families up proposed legislation making appropriations for Agri- program for fiscal year 2002; S.J. Res. 16, approving the culture, Rural Development, Food and Drug Administra- extension of nondiscriminatory treatment to the products tion, and Related Agencies programs for the fiscal year of the Socialist Republic of Vietnam; S. 643, to imple- ending September 30, 2002, 2 p.m., S–128, Capitol. ment the agreement establishing a United States-Jordan Committee on Armed Services: to resume hearings on pro- free trade area; an original committee resolution calling posed legislation authorizing funds for fiscal year 2002 for an investigation of the importation of certain steel for the Department of Defense and the Future Years De- products; the nomination of Wade F. Horn, of Maryland, fense Program, focusing on ballistic missile defense poli- to be Assistant Secretary for Family Support, and the cies and programs, 9:30 a.m., SH–216. nomination of Kevin Keane, of Wisconsin, to be Assist- Committee on Commerce, Science, and Transportation: to ant Secretary for Public Affairs, both of the Department hold hearings to examine media consolidation in the of Health and Human Services; the nomination of Allen broadcast and newspaper industries, focusing on the Fed- Frederick Johnson, of Iowa, to be Chief Agricultural Ne- eral Communications Commission rules and issues associ- gotiator, Office of the United States Trade Representa- ated with restrictions on media ownership, 9:30 a.m., tive; and the nomination of Brian Carlton Roseboro, of SR–253. New Jersey, to be Assistant Secretary of the Treasury for Full Committee, business meeting to consider com- Financial Markets, 10 a.m., SD–215. mittee rules of procedures for the 107th Congress and Committee on Governmental Affairs: Subcommittee on subcommittee membership; and to consider the nomina- Oversight of Government Management, Restructuring tion of Ellen G. Engleman, of Indiana, to be Adminis- and the District of Columbia, to hold hearings to exam- trator of the Research and Special Programs Administra- ine the expansion of flexible personnel systems through- tion, and the nomination of Allan Rutter, of Texas, to be out the United States government, to determine if they Administrator of the Federal Railroad Administration, have been successfully employed and if they should be ex- both of the Department of Transportation; and the nomi- tended, 2:30 p.m., SD–342. nation of Samuel W. Bodman, of Massachusetts, to be Committee on the Judiciary: to hold hearings on the nom- Deputy Secretary of Commerce, 12 p.m., S–216, Capitol. ination of Asa Hutchinson, of Arkansas, to be Adminis- Committee on Energy and Natural Resources: to hold hear- trator of Drug Enforcement, Department of Justice, 10 ings on proposals related to reducing the demand for pe- a.m., SD–226. troleum products in the light duty vehicle sector, includ- ing Titles III and XII of S. 597, the Comprehensive and House Balanced Energy Policy Act of 2001; Title VII of S. 388, The National Energy Security Act of 2001; S. 883, the Committee on Agriculture, hearing to review Draft Farm Energy Independence Act of 2001; S. 1053, Hydrogen Bill Concept, 10 a.m., 1300 Longworth. Future Act of 2001; and S. 1006, Renewable Fuels for Committee on Appropriations, to consider the following: Energy Security Act of 2001, 9:30 a.m., SD–366. revised 302(b) allocations; and the VA, HUD and Inde- Subcommittee on National Parks, Historic Preserva- pendent Agencies and the Treasury, Postal Service and tion, and Recreation, to hold hearings on S. 281, to au- General Government appropriations for fiscal year 2002, thorize the design and construction of a temporary edu- 10 a.m., 2359 Rayburn. cation center at the Vietnam Veterans Memorial; S. 386 Committee on Education and the Workforce, Subcommittee and H.R. 146, to authorize the Secretary of the Interior on Education Reform, hearing on ‘‘From Research to to study the suitability and feasibility of designating the Practice: Improving America’s Schools in the 21st Cen- Great Falls Historic District in the city of Paterson, in tury,’’ 2 p.m., 2175 Rayburn. Passaic County, New Jersey, as a unit of the National Subcommittee on Employer-Employee Relations, hear- Park System; S. 513 and H.R. 182, to amend the Wild ing on H.R. 2269, Retirement Security Advice Act of and Scenic Rivers Act by designating a segment of the 2001, 10:30 a.m., 2175 Rayburn. Eightmile River in Connecticut for potential addition to Committee on Energy and Commerce, to mark up the En- the National Wild and Scenic Rivers System; S. 921 and ergy Conservation and Advancement Act, 11 a.m., 2123 H.R. 1000, to adjust the boundary of the William How- Rayburn. ard Taft National Historic Site in the State of Ohio, to Committee on Financial Services, Subcommittee on Hous- authorize an exchange of land in connection with the his- ing and Community Opportunity, hearing entitled ‘‘El- toric site; S. 1097, to authorize the Secretary of the Inte- derly Housing and Affordability for the 21st Century,’’ rior to issue right-of-way permits for natural gas pipelines 9:30 a.m., 2128 Rayburn.

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Committee on Government Reform, Subcommittee on Committee on Small Business, Subcommittee on Rural En- Criminal Justice, Drug Policy and Human Resources, terprises, Agriculture and Technology, hearing on Re- hearing on ‘‘Opportunities and Advancements in Stem growing Rural America Through Value-Added Agri- Cell Research,’’ 2 p.m., 2154 Rayburn. culture, 10 a.m., 2360 Rayburn. Subcommittee on Technology and Procurement Policy, Committee on Transportation and Infrastructure, Sub- hearing entitled ‘‘Toward Greater Public-Private Collabo- committee on Coast Guard and Maritime Transportation, ration in Research and Development: How the Treatment to mark up H.R. 2481, Omnibus Maritime Improvement of Intellectual Property Rights is Minimizing Innovation Act of 2001, 10 a.m., 2253 Rayburn. in the Federal Government,’’ 10 a.m., 2154 Rayburn. Subcommittee on Economic Development, Public Committee on Resources, to mark up H.R. 2436, Energy Buildings and Emergency Management, to mark up the Security Act, 2 p.m., 1324 Longworth. following: the reauthorization of the Appalachian Re- Subcommittee on National Parks, Recreation and Pub- gional Commission; and H.R. 988, to designate the lic Lands, hearing on the following bills: H.R. 1518, United States courthouse located at 40 Centre Street in Avery Point Lighthouse Restoration Act of 2001; H.R. New York, New York, as the ‘‘Thurgood Marshall 1776, Buffalo Bayou National Heritage Area Act; and United States Courthouse;’’ 3 p.m., 2253 Rayburn. H.R. 2114, National Monument Fairness Act of 2001, 10 Committee on Ways and Means, Subcommittee on Over- a.m., 1334 Longworth. sight and the Subcommittee on Select Revenue Measures, Committee on Rules, to consider H.R. 7, Community So- joint hearing on Tax Code Simplification, 2 p.m., 1100 lutions Act of 2001, 5 p.m., H–313 Capitol. Longworth. Committee on Science, Subcommittee on Energy, to mark Subcommittee on Trade, hearing on Trade Agency up H.R. 2460, Comprehensive Energy Research and Budget Authorizations and other Customs Issues, 3 p.m. Technology Act of 2001, 1 p.m., 2318 Rayburn. B–318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, July 17 9 a.m., Tuesday, July 17

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of suspensions: of H.R. 333, an act to amend title 11, United States (1) H.R. 1954, ILSA Extension Act of 2001; and Code, with a vote on the motion to close further debate (2) S. 360, a bill to honor Paul D. Coverdell; on the substitute amendment to occur at approximately Consideration of H.J. Res. 36, Flag Protection Con- 12 noon. stitutional Amendment (modified closed rule, 2 hours of Also, Senate expects to continue consideration of H.R. general debate); and 2311, Energy and Water Development Appropriations. H.R. 2500, Commerce, Justice, State, and the Judici- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their ary Appropriations, FY 2002 (open rule, one hour of de- respective party conferences.) bate).

Extensions of Remarks, as inserted in this issue

HOUSE Horn, Stephen, Calif., E1336 Otter, C.L. ‘‘Butch’’, Idaho, E1337 Kucinich, Dennis J., Ohio, E1335 Pallone, Frank, Jr., N.J., E1333, E1334 Chambliss, Saxby, Ga., E1333, E1334, E1335 Matsui, Robert T., Calif., E1334 Skelton, Ike, Mo., E1335 Davis, Jim, Fla., E1336 Moran, James P., Va., E1336 Smith, Nick, Mich., E1333, E1334, E1335, E1336 Graham, Lindsey O., S.C., E1333 Norton, Eleanor Holmes, D.C., E1337

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